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Committee Substitute House Bill 4652 History

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HB4652 SUB
Committee Substitute

for

H. B. 4652


(By Delegate M. Poling)

[Originating in the Committee on Education.]

[February 23, 2010]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-45a, relating to establishing a school calendar committee for each county; specifying membership and method of selecting members; minimum meetings; proposals of school calendar options for vote of employees; requirements of proposals; preparation and distribution of ballots and tabulation of results; process for new options if school calendar voted by employees is rejected by county or state board; waivers and modifications.

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 section, designated §18-5-45a, to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-45a. County-wide school calendar committee.
Each county board shall establish a school calendar committee for the county comprised of no less than six and no more than ten members who are teachers, administrators or service personnel in such number as proportionally represents the respective number of teachers, administrators and service personnel employed in the county and one member who is the representative of the county superintendent, selected by the county superintendent. The total membership of the committee may not be an even number. The designee of the county superintendent shall chair the committee. The county superintendent shall determine the number of member teachers, administrators and service personnel appropriate for proportional representation of their respective classes of employment in the county and shall solicit nominations for teachers and administrators to serve on the school calendar committee from the faculty senates of the schools of the county and from the service personnel for service personnel to serve on the committee. The superintendent shall prepare and distribute the ballots and tabulate the votes for membership in the manner provided for professional staff development councils and service personnel staff development councils pursuant to sections eight and nine, article three, chapter eighteen-a of this code.
The school calendar committee shall each year propose at least two school calendar options for the county. All school calendar options proposed by the committee shall comply with all applicable provisions of law including, but not limited to, the provisions of section forty-five of this article. The school calendar options proposed by the committee shall be presented to the employees of the county for a county-wide vote. The superintendent shall prepare and distribute the ballots presenting the options to the employees for the vote. The voting shall be conducted by a secret ballot election. Voting is optional to each employee. At least two representatives from the school calendar committee shall oversee the counting of returned votes. A simple majority of the votes returned to the county board constitutes selection of a school calendar.
If the county board or the state board rejects the school calendar selected by the majority of the employees in the county, the school calendar committee shall propose new options for a calendar for consideration and selection by the employees in the same manner.
Nothing in this section negates the authority for waivers of the statutory provisions for school calendars in accordance with the provisions of article five-b of this chapter, nor precludes the lawful modification of an adopted school calendar when necessary to make up cancelled instructional days.


This section is new; therefore, it has been completely underscored.
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