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Introduced Version House Bill 3208 History

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hb3208 intr
H. B. 3208


(By Delegates Fragale, Williams, Duke,
Shott and Smith)
[Introduced March 18, 2009; referred to the
Committee on Education then the Judiciary.]


A BILL to amend and reenact §18-2E-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-4-1, §18-4-2 and §18-4-4 of said code; and to amend and reenact §18-5-1a of said code, all relating to including the hours of training county board members have acquired; interim term of county superintendents; appointment of interim county superintendent in cases of medical incapacitation; compensation; and county board member training standards review committee.

Be it enacted by the Legislature of West Virginia:
That §18-2E-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §18-4-1, §18-4-2 and §18-4-4 of said code be amended and reenacted; and that §18-5-1a of said code be amended and reenacted, all to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-4. Better schools accountability; school, school district
and statewide school report cards.
(a) For the purpose of providing information to the parents of public school children and the general public on the quality of education in the public schools which is uniform and comparable between schools within and among the various school districts, the state board shall prepare forms for school, school district and statewide school report cards and shall promulgate rules concerning the collection and reporting of data and the preparation, printing and distribution of report cards under this section. The forms shall provide for brief, concise reporting in nontechnical language of required information. Any technical or explanatory material a county board wishes to include shall be contained in a separate appendix available to the general public upon request.
(b) The school report cards shall include information as shall be prescribed by lawfully promulgated rule by the state board to give the parents of students at the school and the general public an indication of the quality of education at the school and other programs supportive of community needs, including, but not limited to, the following:
(1) Indicators of student performance at the school in comparison with the county, state, regional and national student performance, as applicable, including student performance by grade level in the various subjects measured pursuant to a uniform statewide assessment program adopted by the state board; school attendance rates; the percent of students not promoted to next grade; and the graduation rate;
(2) Indicators of school performance in comparison with the aggregate of all other schools in the county and the state, as applicable, including average class size; percent of enrollments in courses in high school mathematics, science, English and social science; amount of time per day devoted to mathematics, science, English and social science at middle, junior high and high school grade levels; percentage distribution of students by career cluster as indicated on the individualized student transition plan; pupil-teacher ratio; number of exceptions to pupil-teacher ratio requested by the county board and the number of exceptions granted; the number of split-grade classrooms; pupil-administrator ratio; operating expenditure per pupil; county expenditure by fund in graphic display; and the average degree classification and years of experience of the administrators and teachers at the school;
(3) The names of the members of the local school improvement council, created pursuant to section two, article five-a of this chapter; and
(4) The name or names of the business partner or partners of the school.
In addition, every county board shall annually determine the number of administrators, classroom teachers and service personnel employed that exceeds the number allowed by the public school support plan and determine the amount of salary supplements that would be available per state authorized employee if all expenditures for the excess employees were converted to annual salaries for state authorized administrators, classroom teachers and service personnel within their county. The information shall be published annually in each school report card of each such county.
(c) The school district report card shall include the data for each school for each separately listed applicable indicator and the aggregate of the data for all schools, as applicable, in the county for each indicator. The statewide school report card shall include the data for each county for each separately listed indicator and the aggregate for all counties for each indicator.
(d) The report cards shall be prepared using actual local school, county, state, regional and national data indicating the present performance of the school and shall also include the state norms and the upcoming year's targets for the school and the county board.
The state board shall provide technical assistance to each county board in preparing the school and school district report cards.
Each county board shall prepare report cards in accordance with the guidelines set forth in this section. The school district report cards shall be presented at a regular school board meeting subject to applicable notice requirements and shall be made available to a newspaper of general circulation serving the district. The school report cards shall be mailed directly to the parent or parents of any child enrolled in that school. In addition, each county board shall submit the completed report cards to the state board which shall make copies available to any person requesting them.
The report cards shall be completed and disseminated prior to January 1, 1989, and in each year thereafter, and shall be based upon information for the current school year, or for the most recent school year for which the information is available, in which case the year shall be clearly footnoted.
(e) In addition to the requirements of subsection (c) of this section, the school district report card shall list: (1) The names of the members of the county board, the dates upon which their terms expire and whether they have attended an orientation program for new members approved by the state board and conducted by the West Virginia School Board Association or other approved organizations, and number of hours of training that meets standards prescribed by the West Virginia Board of Education received during the school term reported other school board member training programs; and (2) the names of the county school superintendent and every assistant and associate superintendent and any training programs related to their area of school administration which they have attended. The information shall also be reported by district in the statewide school report card.
(f) The state board shall develop and implement a separate report card for nontraditional public schools pursuant to the appropriate provisions of this section to the extent practicable.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent.

(a) The county superintendent shall be appointed by the board upon a majority vote of the members thereof to serve for a term of not less than one, nor more than four years. At the expiration of the term or terms for which he or she shall have been appointed, each county superintendent shall be eligible for reappointment for additional terms of not less than one, nor more than four years: Provided, That at the expiration of his or her term or terms of service the county superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, unless dismissed for statutory reasons. The appointment of the county superintendent shall be made after January 1, and on or before June 1 for a term beginning on July 1 following the appointment.
(b) A county superintendent who fills a vacancy caused by an incomplete term shall be appointed to serve until the following July 1: Provided, however, That the board may appoint an interim county superintendent to serve for a period not to exceed one hundred twenty two hundred forty days from the occurrence of the vacancy.
(c) The president of the county board, immediately upon the appointment of the county superintendent, or the appointment of an interim county superintendent, shall certify the appointment to the state superintendent.
(d) During his or her term of appointment, the county superintendent shall be a resident of the county, or of a contiguous county in this state, which he or she serves. The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.
§18-4-2. Qualifications; health certificate; disability; acting superintendent.

(a) Each county superintendent shall hold a professional administrative certificate endorsed for superintendent, or a first class permit endorsed for superintendent, subject to the following:
(1) A superintendent who holds a first class permit may be appointed for one year only, and may be reappointed two times for an additional year each upon an annual evaluation by the county board and a determination of satisfactory performance and reasonable progress toward completion of the requirements for a professional administrative certificate endorsed for superintendent;
(2) Any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education and either has completed three successful years of teaching in public education or has the equivalent of three years of experience in management or supervision as defined by state board rule, after employment by the county board shall be granted a permanent administrative certificate and shall be a licensed county superintendent;
(3) The state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code, to address those cases where a county board finds that course work needed by the county superintendent who holds a first class permit is not available or is not scheduled at state institutions of higher education in a manner which will enable the county superintendent to complete normal requirements for a professional administrative certificate within the three-year period allowed under the permit; and
(4) Any person employed as assistant superintendent or educational administrator prior to June 27, 1988, and who was previously employed as superintendent is not required to hold the professional administrative certificate endorsed for superintendent.
(b) In addition to other requirements set forth in this section, a county superintendent shall meet the following health-related conditions of employment:
(1) Before entering upon the discharge of his or her duties, file with the president of the county board a certificate from a licensed physician certifying the following:
(A) A tuberculin skin test, of the type Mantoux test (PPD skin test), approved by the Director of the Department Division of Health, has been made within four months prior to the beginning of the term of the county superintendent; and
(B) The county superintendent does not have tuberculosis in a communicable state based upon the test results and any further study;
(2) After completion of the initial test, the county superintendent shall have an approved tuberculin skin test once every two years or more frequently if medically indicated. Positive reactors to the skin test are to be referred immediately to a physician for evaluation and indicated treatment or further studies;
(3) A county superintendent who is certified by a licensed physician to have tuberculosis in a communicable stage shall have his or her employment discontinued or suspended until the disease has been arrested and is no longer communicable; and
(4) A county superintendent who fails to complete required follow-up examinations as set forth in this subsection shall be suspended from employment until a report of examination is confirmed.
(c) If the superintendent, due to accident or illness, becomes incapacitated to an extent that could lead to prolonged absence, the board, upon unanimous vote, may enter an order declaring the incapacity and it shall appoint an acting superintendent until such time as a majority of the members of the board determine that the capacity no longer exists. However, an acting superintendent shall not serve as such for more than one year, or later than the expiration date of the superintendent's term, whichever is less, without being reappointed by the board of education.
§18-4-4. Compensation.
On or before the first day of May June 1 of the year in which the superintendent is appointed, the board shall fix the annual salary of the superintendent for the period of appointment for the term beginning on the following July 1. The board shall pay the salary from the general current expense fund of the district.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of members; training requirements.

(a) No person shall be eligible for membership on any county board who is not a citizen, resident in such county, or who accepts a position as teacher or service personnel in the school district in which he or she is a resident or who is an elected or an appointed member of any political party executive committee, or who becomes a candidate for any other office than to succeed oneself.
(b) No member or member-elect of any board shall be eligible for nomination, election or appointment to any public office, other than to succeed oneself, or for election or appointment as a member of any political party executive committee, unless and until after that membership on the board, or his status as member-elect to the board, has been terminated at or before the time of his or her filing for such nomination for, or appointment to, such public office or committee: Provided, That "office" or "committee", as used in this subsection and subsection (a) of this section, does not include service on any board, elected or appointed, profit or nonprofit, for which the person does not receive compensation and whose primary scope is not related to the public schools.
(c) A member or member-elect of a county board, or a person desiring to become a member of a county board, may make a written request to the West Virginia Ethics Commission for an advisory opinion on whether another elected or appointed position held or sought by the person is an office or public office which would bar serving on the board pursuant to subsections (a) and (b) of this section. Within thirty days of receipt of the request, the Ethics Commission shall issue a written advisory opinion in response to the request and shall also publish such opinion in a manner which to the fullest extent possible does not reveal the identity of the person making the request. Any county board member who relied in good faith upon an advisory opinion issued by the West Virginia Ethics Commission that holding a particular office or public office is not a bar from membership on a county board of education and against whom proceedings are subsequently brought for removal from the county board on the basis of holding such office or offices shall be entitled to reimbursement by the county board for reasonable attorney's fees and court costs incurred by the member in defending against such proceedings, regardless of the outcome the proceedings. Further, no vote cast by the member at a meeting of the board shall be invalidated due to a subsequent finding that holding the particular office or public is a bar to membership on the county board. Good faith reliance on a written advisory opinion of the West Virginia Ethics Commission that a particular office or public office is not a bar to membership on a county board of education is an absolute defense to any civil suit or criminal prosecution arising from any proper action taken within the scope of membership on the board, becoming a member-elect of the board or seeking election to the board.
(d) Any person who is elected or appointed to a county board on or after May 5, 1992, shall possess at least a high school diploma or a general educational development (GED) diploma: Provided, That this provision shall not apply to members or members-elect who have taken office prior to May 5, 1992, and who serve continuously therefrom.
(e) No person elected to a county board after July 1, 1990, shall assume the duties of board member unless he or she has first attended and completed a course of orientation relating to boardsmanship and governance effectiveness which shall be given between the date of election and the beginning of the member's term of office: Provided, That a portion or portions of subsequent training such as that offered in orientation may be provided to members after they have commenced their term of office: Provided, however, That attendance at the session of orientation given between the date of election and the beginning of the member's term of office shall permit such member or members to assume the duties of board member, as specified in this section. Members appointed to the board shall attend and complete the next such course offered following their appointment: Provided further, That the provisions of this section relating to orientation shall not apply to members who have taken office prior to July 1, 1988, and who serve continuously therefrom.
(f) Commencing on the effective date of this section, members Members shall annually receive seven clock hours of training in areas relating to boardsmanship, governance effectiveness, and school performance issues including, but not limited to, pertinent state and federal statutes such as the "Process for Improving Education" set forth in section five, article two-e of this chapter and the "No Child Left Behind Act" and their respective administrative rules. Such orientation and training shall be approved by the state board and conducted by the West Virginia School Board Association or other organization or organizations approved by the state board: Provided, That the state board may exclude time spent in training on school performance issues from the requisite seven hours herein required: Provided, however, That if the state board elects to exclude time spent in training on school performance issues from the requisite seven hours, such training shall be limited by the state board to a feasible and practicable amount of time. Failure to attend and complete such an approved course of orientation and training relating to boardsmanship and governance effectiveness without good cause as determined by legislative rules of the state board shall constitute neglect of duty.
(g) In the final year of any four-year term of office, a member shall satisfy the annual training requirement before January 1.
(h) The state board shall appoint a committee known as the "county board member training standards review committee" whose members shall meet at least annually. The committee shall determine, subject to state board approval, whether particular trainings and training organizations shall be approved, and whether county board members have satisfied the annual training requirement. Members of the committee shall serve without compensation but may be reimbursed by their agencies or employers for all reasonable and necessary expenses actually incurred in the performance of their duties under this subsection.
(i) The state board shall petition the circuit court of Kanawha County to remove any county board member who has failed to or who refuses to attend and complete the approved course of orientation and training. If the county board member fails to show good cause for not attending the approved course of orientation and training, the court shall remove the member from office.




NOTE: The purpose of this bill is to include the hours of training county board members have acquired; interim term of county superintendents; appointment of interim county superintendent in cases of medical incapacitation; compensation; and county board member training standards review committee.

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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