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Introduced Version Senate Bill 2009 History

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sb2009 intr
Senate Bill No. 2009

(By Senators Tomblin (Mr. President) and Hall,

By Request of the Executive)

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[Introduced July 17, 2010; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-3-12; and to amend said code by adding thereto a new section, designated §18A-4-2c, all relating to pilot programs to increase academic achievement; requiring the state superintendent to establish a special community development school pilot program for implementation in a public school with significant enrollments of disadvantaged, minority and underachieving students for the purpose of developing and implementing strategies that could be replicated; requiring the state board to promulgate a rule that establishes special two-year pilot programs for additional monetary payments for teachers, principals and assistant principals based on certain circumstances; setting forth minimum requirements for the rule; setting forth certain reporting requirements; defining terms; and establishing funding requirements.

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 §18-3-12; and that said code be amended by adding thereto a new section, designated §18A-4-2c, all to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

§18-3-12. Special community development school pilot program.

(a) The state superintendent shall establish a special community development school pilot program to be implemented in one public school for the duration of five years. The public school designated by the state superintendent for the pilot shall have significant enrollments of disadvantaged, minority and underachieving students. The designated public school under the direction of the county board and county superintendent shall work in collaboration with higher education, community organizations and the state board to develop and implement strategies that could be replicated in other public schools with significant enrollments of disadvantaged, minority and underachieving students to improve academic achievement.

(b) Beginning in January, 2011, on or before the first day of the regular session of the Legislature, and each year thereafter, the state superintendent shall make a status report to the Legislative Oversight Commission on Education Accountability and to
the state board. The report may include any recommendations based on the progress of the demonstration project that he or she considers either necessary for improving the operations of the demonstration project or prudent for improving student achievement in other public schools through replication of successful demonstration school programs.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-2c. Pilot projects for monetary incentive payments to teachers, principals and assistant principals to achieve equity in teacher, principal and assistant principal distribution, reward student growth, provide teacher career ladder programs and attract teachers to areas of critical teacher need and shortage.

(a) Findings. -- The Legislature finds and declares that:
(1) Creating conditions for effective teaching and learning requires a collaborative and systemic approach that supports and develops educator talent to promote meaningful, evidence-based improvements across the educator career continuum;
(2) The state should encourage and reward all effective teachers who provide high-quality instruction and achieve high levels of student growth and performance;
(3) The state should encourage principals and assistant principals to provide quality support and leadership for creating conditions conducive to high levels of student growth and performance; and
(4) The state should encourage principals and assistant principals to provide effective leadership in low performing, high poverty or high minority schools.
(b) The purpose of this section is to determine the most effective approach to promoting meaningful, evidence-based improvements in the areas set forth above.
(c) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a that establishes special two-year pilot programs for additional monetary payments for teachers, principals and assistant principals. The rule shall include, but not be limited to:
(1) An application process for schools to apply to participate in the programs. The application process shall require eighty percent approval of the teachers at the school and the approval of the county board: Provided, That any federal funds awarded prior to the effective date of this section are not subject to the eighty percent approval requirement;
(2) A requirement for additional monetary payments for teachers at participating schools based on any one or more of the following circumstances:
(A) For teachers employed in:
(i) A school that is low performing, high poverty or high minority; or
(ii) A critical shortage area that the classroom teacher is fully certified in and for which no other course work, program or experience is needed to complete full certification; and
(B) For classroom teachers who participate in a career ladder system that is fair and objective. The career ladder system shall include at least the following as factors for determining career advancement:
(i) Whether the classroom teacher has met goals for student growth and other performance components as evidenced by multiple measures;
(ii) Whether the classroom teacher is placed in a special instructional assignment such as an academic coaching assignment or an assignment as a mentor or is placed in a supervisory assignment.
(3) A requirement for additional monetary payments for principals and assistant principals at participating schools based on any one or more of the following circumstances:
(A) For principals and assistant principals who meet goals for student growth during the previous school year as evidenced by multiple measures; and
(B) For principals and assistant principals in a school with a student population that is low performing, high poverty or high minority; and
(4) Definitions for low performing school, critical shortage area, goals for student growth as evidenced by multiple measures and career ladder system.
(d) The state superintendent shall make a preliminary status report to the Legislative Oversight Commission on Education Accountability and to the state board after the first year of implementation which shall include:
(1) The impact of the pilot on student growth and performance;
(2) The impact of the pilot on the recruitment and retention of teachers, principals and assistant principals;
(3) The impact of the pilot on the recruitment and retention of teachers, principals and assistant principals in low performing, high poverty and high minority schools and the impact on the recruitment and retention of teachers in critical shortage areas; and
(4) The fiscal sustainability of the pilot programs.
At the end of the second year, the superintendent shall make a final report to the Legislative Oversight Commission on Education Accountability and the state board which updates the report made the previous year and includes recommendations for statewide implementation.
(e) For the purposes of this section:
(1) "High poverty" means a school which is ranked within the top twenty-five percent of the public schools in the state based on the percentage of students eligible for free and reduced price lunches;
(2) "High minority" means a school in which the student population consists of twenty percent or more noncaucasian students; and
(3) After a school is determined to have a student population that is high poverty or high minority, the school remains classified as such for one year beyond the year in which it is determined that it no longer meets the definition of a high poverty or high minority school.
(f) The state board shall submit the proposed legislative rule required by this section to the Legislative Oversight Commission on Education Accountability by December 1, 2010. The state board shall promulgate the legislative rule by February 1, 2011. If necessary to secure federal funding, the state board also may promulgate an emergency rule consistent with this section.
(g) It is the intent of the Legislature that funding for the pilot programs established by this section is limited to: (1) Moneys received by the state from appropriations made by the Congress of the United States; and (2) where received for the specific purposes of funding the pilot programs, moneys received as gifts, grants, bequests or donations made to the state, the state board or the department from any nonpublic sources. No other moneys received by the state may be expended for the purposes of implementing the pilot programs. No provision of this code may be construed to require any appropriation by the Legislature for the specific purposes of funding the pilot programs or to impose any requirement that the programs establish by this section be continued beyond the extent to which funding for the programs as prescribed by this subsection is available.

NOTE: The purpose of this bill is to establish pilot programs for increasing academic achievement. One pilot program requires the state superintendent to establish a special community development school pilot program for implementation in a public school with significant enrollments of disadvantaged, minority and underachieving students for the purpose of developing and implementing strategies that can be replicated. Other pilot programs are required that provide additional monetary payments to teachers, principals and assistant principals based on certain circumstances such as employment in a school that is low performing, high poverty or high minority and other circumstances.

These sections are new; therefore, strike-throughs and underscoring have been omitted.
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