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Introduced Version Senate Bill 608 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 608

(By Senator Plymale)

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[Introduced February 18, 2010; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact §18A-4-8d of the Code of West Virginia, 1931, as amended, relating to encouraging and authorizing county boards of education to obtain central office administrator services by agreement with regional education service agencies or other county boards; requiring county boards to consider a detailed written study of the feasibility of such an agreement and determine whether to obtain needed administrative services through such an agreement before posting notice of vacancy in certain administrator positions; requiring the determination and the feasibility report to be submitted to the state superintendent; prohibiting the county board from posting the notice of vacancy without again making the determination if the state superintendent finds that the prior determination is arbitrary and capricious; requiring a state board rule; authorizing the termination of an employee's contract in certain instances; and requiring report to the Legislative Oversight Commission on Education Accountability.

Be it enacted by the Legislature of West Virginia:
That §18A-4-8d of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8d. Securing central office administrator services by agreement with regional education service agencies or with other county boards.

(a) It is the intent of the Legislature to encourage and authorize county boards, where feasible, to improve the administration of school districts and make the best use of available funds by securing central office administrator services through agreements with regional education service agencies or with other county boards.
(b) Before posting notice of vacancy in a regular central office administrator position of employment other than the position of superintendent, the county board shall determine whether to obtain the needed administrative services by agreement with the regional education service agency for that county, or by a sharing agreement with another county board or boards. In making the determination, the county board shall consider a detailed written study of the feasibility of those agreements, to be prepared by the county superintendent. The county board's determination shall be in writing and contain supporting reasons. The determination and feasibility report shall be submitted to the State Superintendent.
(c) If the board determines to post notice of the vacancy and not to obtain the needed services by agreement with the regional education service agency or another county board or boards, the submission to the State Superintendent shall be made at least five working days before the notice of vacancy is posted. If, within five working days of the submission, the State Superintendent finds that the county board's determination is arbitrary and capricious under standards promulgated by the state board, the State Superintendent shall notify the county board of his or her finding and the county board shall not post the notice of vacancy without again making the determination required by subsection (b) of this section, in which case the provisions of this subsection apply.
(d) Any deadline under section seven-a of this article for posting notice of vacancy in a central office position shall be extended until the county board is permitted by this section to post the notice of vacancy.
(e) The state board shall promulgate a rule to implement the provisions of this section. The rule shall:
(1) Identify by title or function the central office administrator positions of employment that cannot be filled by posting except in accordance with this section;
(2) Specify matters to be considered and addressed by the county superintendent's feasibility study;
(3) Establish the standards to be used by the State Superintendent in determining whether the county board's determination to post a notice of vacancy is arbitrary or capricious; and
(4) Require that the state and school district report cards report the extent to which central office administrator services are provided by agreements with regional education service agencies or by sharing agreements between county boards.

(f) Where a district obtains central office administrative services from its regional education service agency, or where
two or more counties districts join together to share the services of central office administrative personnel, any employee whose services are no longer needed by virtue of such the sharing of these services or the use of these services provided by a regional education service agency may have his or her contract terminated for lack of need, as provided in sections two and six, article two of this chapter, notwithstanding any provision of this code to the contrary. Any employee whose contract is so terminated shall be afforded all rights pursuant to section eight-b of this article.
(g) Before December 1 of each year, the state board shall report in writing to the Legislative Oversight Commission on Education Accountability the instances in which county boards obtained central office administrator services by agreement with a regional education service agency or by a sharing agreement with another county board or boards. The report also may recommend, for consideration by the Legislature, financial incentives that could be instituted to encourage county boards to secure central office administrator services by such means.



NOTE: The purpose of this bill is to encourage and authorize county boards of education to obtain central office administrator services by agreement with regional education service agencies or other county boards; require county boards to consider a detailed written study of the feasibility of such an agreement and determine whether to obtain needed administrative services through such an agreement before posting notice of vacancy in a regular central office administrator position other than the position of superintendent; require the determination and the feasibility report to be submitted to the State Superintendent; prohibit the county board from posting the notice of vacancy without again making the determination if the State Superintendent finds that the prior determination was arbitrary and capricious; require a state board rule; and require report to the Legislative Oversight Commission on Education Accountability.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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