(a) Legislative findings, purpose and intent. —
The Legislature makes the following findings with respect to the process for
improving education and its purpose and intent in the enactment of this
section:
(1) The process for improving education includes four
primary elements, these being:
(A) Standards which set forth the knowledge and skills
that students should know and be able to perform as the result of a thorough
and efficient education that prepares them for the 21st century, including
measurable criteria to evaluate student performance and progress;
(B) Assessments of student performance and progress
toward meeting the standards;
(C) A system of accountability for continuous
improvement defined by high-quality standards for schools and school systems
articulated by a rule promulgated by the state board and outlined in subsection
(c) of this section that will build capacity in schools and districts to meet
rigorous outcomes that assure student performance and progress toward obtaining
the knowledge and skills intrinsic to a high-quality education rather than
monitoring for compliance with specific laws and regulations; and
(D) A method for building the capacity and improving
the efficiency of schools and school systems to improve student performance and
progress;
(2) As the constitutional body charged with the
general supervision of schools as provided by general law, the state board has
the authority and the responsibility to establish the standards, assess the
performance and progress of students against the standards, hold schools and
school systems accountable and assist schools and school systems to build
capacity and improve efficiency so that the standards are met, including, when
necessary, seeking additional resources in consultation with the Legislature
and the Governor;
(3) As the constitutional body charged with providing
for a thorough and efficient system of schools, the Legislature has the
authority and the responsibility to establish and be engaged constructively in
the determination of the knowledge and skills that students should know and be
able to do as the result of a thorough and efficient education. This
determination is made by using the process for improving education to determine
when school improvement is needed by evaluating the results and the efficiency
of the system of schools, by ensuring accountability and by providing for the
necessary capacity and its efficient use;
(4) In consideration of these findings, the purpose of
this section is to establish a process for improving education that includes
the four primary elements as set forth in subdivision (1) of this subsection to
provide assurances that the high-quality standards are, at a minimum, being met
and that a thorough and efficient system of schools is being provided for all
West Virginia public school students on an equal education opportunity basis;
and
(5) The intent of the Legislature in enacting this
section and section five-c of this article is to establish a process through
which the Legislature, the Governor and the state board can work in the spirit
of cooperation and collaboration intended in the process for improving
education, to consult and examine the performance and progress of students,
schools and school systems and, when necessary, to consider alternative
measures to ensure that all students continue to receive the thorough and
efficient education to which they are entitled. However, nothing in this
section requires any specific level of funding by the Legislature.
(b) Electronic county and school strategic
improvement plans. — The state board shall promulgate a rule consistent
with the provisions of this section and in accordance with article three-b,
chapter twenty-nine-a of this code establishing an electronic county strategic
improvement plan for each county board and an electronic school strategic
improvement plan for each public school in this state. Each respective plan
shall be for a period of no more than five years and shall include the mission
and goals of the school or school system to improve student, school or school
system performance and progress, as applicable. The strategic plan shall be
revised annually in each area in which the school or system is below the
standard on the annual performance measures. The plan shall be revised when
required pursuant to this section to include each annual performance measure
upon which the school or school system fails to meet the standard for
performance and progress, the action to be taken to meet each measure, a
separate time line and a date certain for meeting each measure, a cost estimate
and, when applicable, the assistance to be provided by the department and other
education agencies to improve student, school or school system performance and
progress to meet the annual performance measure.
The department shall make available to all public
schools through its website or the West Virginia Education Information System
an electronic school strategic improvement plan boilerplate designed for use by
all schools to develop an electronic school strategic improvement plan which
incorporates all required aspects and satisfies all improvement plan
requirements of the No Child Left Behind Act.
(c) High-quality education standards and efficiency
standards. — In accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, the state board shall adopt and periodically review
and update high-quality education standards for student, school and school
system performance and processes in the following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and
administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance, progress and attendance;
(12) Professional personnel, including principals and
central office administrators, and service personnel attendance;
(13) School and school system performance and
progress;
(14) A code of conduct for students and employees;
(15) Indicators of efficiency; and
(16) Any other areas determined by the state board.
(d) Comprehensive statewide student assessment
program. — The state board shall establish a comprehensive statewide
student assessment program to assess student performance and progress in grades
three through twelve. The assessment program is subject to the following:
(1) The state board shall promulgate a rule in
accordance with the provisions of article three-b, chapter twenty-nine-a of
this code establishing the comprehensive statewide student assessment program;
(2) Prior to the 2014-2015 school year, the state
board shall align the comprehensive statewide student assessment for all grade
levels in which the test is given with the college-readiness standards adopted
pursuant to section thirty-nine, article two of this chapter or develop other
aligned tests to be required at each grade level so that progress toward
college readiness in English/language arts and math can be measured;
(3) The state board may require that student
proficiencies be measured through the ACT EXPLORE and the ACT PLAN assessments
or other comparable assessments, which are approved by the state board and
provided by future vendors;
(4) The state board may require that student
proficiencies be measured through the West Virginia writing assessment at any
grade levels determined by the state board to be appropriate; and
(5) The state board shall not use, or enter into any
agreement to use, the Smarter Balanced Assessment or the Partnership for
Assessment of Readiness for College and Careers (PARCC) as a statewide
assessment program. If the state board is a party to any agreement, memorandum
of understanding or contract as of June 1, 2016, to use the Smarter Balanced
Assessment or PARCC, the state board shall immediately withdraw from any such
agreement, memorandum of understanding or contract, and initiate any additional
efforts to ensure cancellation of the agreement, memorandum of understanding or
contract by June 30, 2016. The state board shall take such additional steps as
may be necessary to withdraw as a governing state in the Smarter Balanced
Assessment Consortium; and
(5) (6)
The state board may provide, through the statewide assessment program, other
optional testing or assessment instruments applicable to grade levels
kindergarten through grade twelve which may be used by each school to promote
student achievement. The state board annually shall publish and make available,
electronically or otherwise, to school curriculum teams and teacher
collaborative processes the optional testing and assessment instruments.
(e) State annual performance measures for school
and school system accreditation. —
The state board shall promulgate a rule in accordance
with the provisions of article three-b, chapter twenty-nine-a of this code that
establishes a system to assess and weigh annual performance measures for state
accreditation of schools and school systems. The state board also may establish
performance incentives for schools and school systems as part of the state
accreditation system. On or before December 1, 2013, the state board shall
report to the Governor and to the Legislative Oversight Commission on Education
Accountability the proposed rule for establishing the measures and incentives
of accreditation and the estimated cost therefore, if any. Thereafter, the
state board shall provide an annual report to the Governor and to the
Legislative Oversight Commission on Education Accountability on the impact and
effectiveness of the accreditation system. The rule for school and school
system accreditation proposed by the board may include, but is not limited to,
the following measures:
(1) Student proficiency in English and language arts,
math, science and other subjects determined by the board;
(2) Graduation and attendance rate;
(3) Students taking and passing AP tests;
(4) Students completing a career and technical
education class;
(5) Closing achievement gaps within subgroups of a
school's student population; and
(6) Students scoring at or above average attainment on
SAT or ACT tests.
(f) Indicators of efficiency. — In accordance
with the provisions of article three-b, chapter twenty-nine-a of this code, the
state board shall adopt by rule and periodically review and update indicators
of efficiency for use by the appropriate divisions within the department to
ensure efficient management and use of resources in the public schools in the
following areas:
(1) Curriculum delivery including, but not limited to,
the use of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel;
(6) Use of regional educational service agency
programs and services, including programs and services that may be established
by their assigned regional educational service agency or other regional
services that may be initiated between and among participating county boards;
and
(7) Any other indicators as determined by the state
board.
(g) Assessment and accountability of school and
school system performance and processes. — In accordance with the
provisions of article three-b, chapter twenty-nine-a of this code, the state
board shall establish by rule a system of education performance audits which
measures the quality of education and the preparation of students based on the
annual measures of student, school and school system performance and progress.
The system of education performance audits shall provide information to the
state board, the Legislature and the Governor, upon which they may determine
whether a thorough and efficient system of schools is being provided. The system
of education performance audits shall include:
(1) The assessment of student, school and school
system performance and progress based on the annual measures established
pursuant to subsection (e) of this section;
(2) The evaluation of records, reports and other
information collected by the Office of Education Performance Audits upon which
the quality of education and compliance with statutes, policies and standards
may be determined;
(3) The review of school and school system electronic
strategic improvement plans; and
(4) The on-site review of the processes in place in
schools and school systems to enable school and school system performance and
progress and compliance with the standards.
(h) Uses of school and school system assessment
information. — The state board shall use information from the system of
education performance audits to assist it in ensuring that a thorough and
efficient system of schools is being provided and to improve student, school
and school system performance and progress. Information from the system of
education performance audits further shall be used by the state board for these
purposes, including, but not limited to, the following:
(1) Determining school accreditation and school system
approval status;
(2) Holding schools and school systems accountable for
the efficient use of existing resources to meet or exceed the standards; and
(3) Targeting additional resources when necessary to
improve performance and progress.
The state board shall make accreditation information
available to the Legislature, the Governor, the general public and to any
individual who requests the information, subject to the provisions of any act
or rule restricting the release of information.
(i) Early detection and intervention programs.
— Based on the assessment of student, school and school system performance and
progress, the state board shall establish early detection and intervention
programs using the available resources of the Department of Education, the
regional educational service agencies, the Center for Professional Development
and the Principals Academy, or other resources as appropriate, to assist
underachieving schools and school systems to improve performance before
conditions become so grave as to warrant more substantive state intervention. Assistance
shall include, but is not limited to, providing additional technical assistance
and programmatic, professional staff development, providing monetary, staffing
and other resources where appropriate.
(j) Office of Education Performance Audits. —
(1) To assist the state board in the operation of a
system of education performance audits, the state board shall establish an
Office of Education Performance Audits consistent with the provisions of this
section. The Office of Education Performance Audits shall be operated under the
direction of the state board independently of the functions and supervision of
the State Department of Education and state superintendent. The Office of
Education Performance Audits shall report directly to and be responsible to the
state board in carrying out its duties under the provisions of this section.
(2) The office shall be headed by a director who shall
be appointed by the state board and who serves at the will and pleasure of the
state board. The annual salary of the director shall be set by the state board
and may not exceed eighty percent of the salary of the State Superintendent of
Schools.
(3) The state board shall organize and sufficiently
staff the office to fulfill the duties assigned to it by law and by the state board.
Employees of the State Department of Education who are transferred to the
Office of Education Performance Audits shall retain their benefits and
seniority status with the Department of Education.
(4) Under the direction of the state board, the Office
of Education Performance Audits shall receive from the West Virginia education
Information System staff research and analysis data on the performance and
progress of students, schools and school systems, and shall receive assistance,
as determined by the state board, from staff at the State Department of
Education, the regional education service agencies, the Center for Professional
Development, the Principals Academy and the School Building Authority to carry
out the duties assigned to the office.
(5) In addition to other duties which may be assigned
to it by the state board or by statute, the Office of Education Performance
Audits also shall:
(A) Assure that all statewide assessments of student
performance used as annual performance measures are secure as required in
section one-a of this article;
(B) Administer all accountability measures as assigned
by the state board, including, but not limited to, the following:
(i) Processes for the accreditation of schools and the
approval of school systems; and
(ii) Recommendations to the state board on appropriate
action, including, but not limited to, accreditation and approval action;
(C) Determine, in conjunction with the assessment and
accountability processes, what capacity may be needed by schools and school
systems to meet the standards established by the state board and recommend to
the state board plans to establish those needed capacities;
(D) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies exist in the
capacity of schools and school systems to meet the standards established by the
state board, including the identification of trends and the need for continuing
improvements in education, and report those deficiencies and trends to the state
board;
(E) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and school systems
to meet the standards established by the state board and make recommendations
to the state board, the Center for Professional Development, the regional
educational service agencies, the Higher Education Policy Commission and the
county boards;
(F) Identify, in conjunction with the assessment and
accountability processes, school systems and best practices that improve student,
school and school system performance and communicate those to the state board
for promoting the use of best practices. The state board shall provide
information on best practices to county school systems; and
(G) Develop reporting formats, such as check lists,
which shall be used by the appropriate administrative personnel in schools and
school systems to document compliance with applicable laws, policies and
process standards as considered appropriate and approved by the state board,
which may include, but is not limited to, the following:
(i) The use of a policy for the evaluation of all
school personnel that meets the requirements of sections twelve and twelve-a,
article two, chapter eighteen-a of this code;
(ii) The participation of students in appropriate
physical assessments as determined by the state board, which assessment may not
be used as a part of the assessment and accountability system;
(iii) The appropriate licensure of school personnel;
and
(iv) The appropriate provision of multicultural
activities.
Information contained in the reporting formats is
subject to examination during an on-site review to determine compliance with
laws, policies and standards. Intentional and grossly negligent reporting of
false information are grounds for dismissal of any employee.
(k) On-site reviews. —
(1) The system of education performance audits shall
include on-site reviews of schools and school systems which shall be conducted
only at the specific direction of the state board upon its determination that
circumstances exist that warrant an on-site review. Any discussion by the state
board of schools to be subject to an on-site review or dates for which on-site
reviews will be conducted may be held in executive session and is not subject
to the provisions of article nine-a, chapter six of this code relating to open
governmental proceedings. An on-site review shall be conducted by the Office of
Education Performance Audits of a school or school system for the purpose of
making recommendations to the school and school system, as appropriate, and to
the state board on such measures as it considers necessary. The investigation
may include, but is not limited to, the following:
(A) Verifying data reported by the school or county
board;
(B) Examining compliance with the laws and policies
affecting student, school and school system performance and progress;
(C) Evaluating the effectiveness and implementation
status of school and school system electronic strategic improvement plans;
(D) Investigating official complaints submitted to the
state board that allege serious impairments in the quality of education in
schools or school systems;
(E) Investigating official complaints submitted to the
state board that allege that a school or county board is in violation of policies
or laws under which schools and county boards operate; and
(F) Determining and reporting whether required reviews
and inspections have been conducted by the appropriate agencies, including, but
not limited to, the State Fire Marshal, the Health Department, the School
Building Authority and the responsible divisions within the department of
education, and whether noted deficiencies have been or are in the process of
being corrected.
(2) The Director of the Office of Education
Performance Audits shall notify the county superintendent of schools five
school days prior to commencing an on-site review of the county school system
and shall notify both the county superintendent and the principal five school
days before commencing an on-site review of an individual school: Provided,
That the state board may direct the Office of Education Performance Audits to
conduct an unannounced on-site review of a school or school system if the state
board believes circumstances warrant an unannounced on-site review.
(3) The Office of Education Performance Audits shall
conduct on-site reviews which are limited in scope to specific areas in which
performance and progress are persistently below standard as determined by the
state board unless specifically directed by the state board to conduct a review
which covers additional areas.
(4) The Office of Education Performance Audits shall
reimburse a county board for the costs of substitutes required to replace
county board employees who serve on a review team.
(5) At the conclusion of an on-site review of a school
system, the director and team leaders shall hold an exit conference with the
superintendent and shall provide an opportunity for principals to be present
for at least the portion of the conference pertaining to their respective
schools. In the case of an on-site review of a school, the exit conference
shall be held with the principal and curriculum team of the school and the
superintendent shall be provided the opportunity to be present. The purpose of
the exit conference is to review the initial findings of the on-site review,
clarify and correct any inaccuracies and allow the opportunity for dialogue
between the reviewers and the school or school system to promote a better
understanding of the findings.
(6) The Office of Education Performance Audits shall
report the findings of an on-site review to the county superintendent and the
principals whose schools were reviewed within thirty days following the
conclusion of the on-site review. The Office of Education Performance Audits
shall report the findings of the on-site review to the state board within
forty-five days after the conclusion of the on-site review. A school or county
that believes one or more findings of a review are clearly inaccurate,
incomplete or misleading, misrepresent or fail to reflect the true quality of
education in the school or county or address issues unrelated to the health,
safety and welfare of students and the quality of education, may appeal to the
state board for removal of the findings. The state board shall establish a
process for it to receive, review and act upon the appeals.
(7) The Legislature finds that the accountability and
oversight of some activities and programmatic areas in the public schools are
controlled through other mechanisms and agencies and that additional
accountability and oversight may be unnecessary, counterproductive and impair
necessary resources for teaching and learning. Therefore, the Office of
Education Performance Audits may rely on other agencies and mechanisms in its
review of schools and school systems.
(l) School accreditation. —
(1) The state board shall establish levels of
accreditation to be assigned to schools. The establishment of levels of
accreditation and the levels shall be subject to the following:
(A) The levels will be designed to demonstrate school
performance in all the areas outlined in this section and also those
established by the state board;
(B) The state board shall promulgate legislative rules
in accordance with the provisions of article three-b, chapter twenty-nine-a of
this code to establish the performance and standards required for a school to
be assigned a particular level of accreditation; and
(C) The state board will establish the levels of
accreditation in such a manner as to minimize the number of systems of school
recognition, both state and federal, that are employed to recognize and
accredit schools.
(2) The state board annually shall review the
information from the system of education performance audits submitted for each
school and shall issue to every school a level of accreditation as designated
and determined by the state board.
(3) The state board, in its exercise of general
supervision of the schools and school systems of West Virginia, may exercise
any or all of the following powers and actions:
(A) To require a school to revise its electronic
strategic plan;
(B) To define extraordinary circumstances under which
the state board may intervene directly or indirectly in the operation of a
school;
(C) To appoint monitors to work with the principal and
staff of a school where extraordinary circumstances are found to exist and to
appoint monitors to assist the school principal after intervention in the
operation of a school is completed;
(D) To direct a county board to target resources to
assist a school where extraordinary circumstances are found to exist;
(E) To intervene directly in the operation of a school
and declare the position of principal vacant and assign a principal for the
school who will serve at the will and pleasure of the state board. If the
principal who was removed elects not to remain an employee of the county board,
then the principal assigned by the state board shall be paid by the county
board. If the principal who was removed elects to remain an employee of the county
board, then the following procedure applies:
(i) The principal assigned by the state board shall be
paid by the state board until the next school term, at which time the principal
assigned by the state board shall be paid by the county board;
(ii) The principal who was removed is eligible for all
positions in the county, including teaching positions, for which the principal
is certified, by either being placed on the transfer list in accordance with
section seven, article two, chapter eighteen-a of this code, or by being placed
on the preferred recall list in accordance with section seven-a, article four,
chapter eighteen-a of this code; and
(iii) The principal who was removed shall be paid by
the county board and may be assigned to administrative duties, without the
county board being required to post that position until the end of the school
term; and
(F) Other powers and actions the state board
determines necessary to fulfill its duties of general supervision of the
schools and school systems of West Virginia.
(4) The county board may take no action nor refuse any
action if the effect would be to impair further the school in which the state
board has intervened.
(m) School system approval. — The state board
annually shall review the information submitted for each school system from the
system of education performance audits and issue one of the following approval
levels to each county board: Full approval, temporary approval, conditional
approval or nonapproval.
(1) Full approval shall be given to a county board
whose schools have all been given full, temporary or conditional accreditation
status and which does not have any deficiencies which would endanger student
health or safety or other extraordinary circumstances as defined by the state
board. A fully approved school system in which other deficiencies are
discovered shall remain on full accreditation status for the remainder of the
approval period and shall have an opportunity to correct those deficiencies,
notwithstanding other provisions of this subsection.
(2) Temporary approval shall be given to a county
board whose education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the county board
shall revise its electronic county strategic improvement plan in accordance
with subsection (b) of this section to increase the performance and progress of
the school system to a full approval status level. The revised plan shall be
submitted to the state board for approval.
(3) Conditional approval shall be given to a county
board whose education system is below the level required for full approval, but
whose electronic county strategic improvement plan meets the following
criteria:
(A) The plan has been revised in accordance with
subsection (b) of this section;
(B) The plan has been approved by the state board; and
(C) The county board is meeting the objectives and
time line specified in the revised plan.
(4) Nonapproval status shall be given to a county
board which fails to submit and gain approval for its electronic county
strategic improvement plan or revised electronic county strategic improvement
plan within a reasonable time period as defined by the state board or which
fails to meet the objectives and time line of its revised electronic county
strategic improvement plan or fails to achieve full approval by the date
specified in the revised plan.
(A) The state board shall establish and adopt
additional standards to identify school systems in which the program may be
nonapproved and the state board may issue nonapproval status whenever
extraordinary circumstances exist as defined by the state board.
(B) Whenever a county board has more than a casual
deficit, as defined in section one, article one of this chapter, the county
board shall submit a plan to the state board specifying the county board's
strategy for eliminating the casual deficit. The state board either shall
approve or reject the plan. If the plan is rejected, the state board shall
communicate to the county board the reason or reasons for the rejection of the
plan. The county board may resubmit the plan any number of times. However, any
county board that fails to submit a plan and gain approval for the plan from
the state board before the end of the fiscal year after a deficit greater than
a casual deficit occurred or any county board which, in the opinion of the
state board, fails to comply with an approved plan may be designated as having
nonapproval status.
(C) Whenever nonapproval status is given to a school
system, the state board shall declare a state of emergency in the school system
and shall appoint a team of improvement consultants to make recommendations
within sixty days of appointment for correcting the emergency. When the state
board approves the recommendations, they shall be communicated to the county
board. If progress in correcting the emergency, as determined by the state
board, is not made within six months from the time the county board receives
the recommendations, the state board shall intervene in the operation of the
school system to cause improvements to be made that will provide assurances
that a thorough and efficient system of schools will be provided. This
intervention may include, but is not limited to, the following:
(i) Limiting the authority of the county superintendent
and county board as to the expenditure of funds, the employment and dismissal
of personnel, the establishment and operation of the school calendar, the
establishment of instructional programs and rules and any other areas
designated by the state board by rule, which may include delegating
decision-making authority regarding these matters to the state superintendent;
(ii) Declaring that the office of the county
superintendent is vacant;
(iii) Declaring that the positions of personnel who
serve at the will and pleasure of the county superintendent as provided in
section one, article two, chapter eighteen-a of this code, are vacant, subject
to application and reemployment;
(iv) Delegating to the state superintendent both the
authority to conduct hearings on personnel matters and school closure or
consolidation matters and, subsequently, to render the resulting decisions and
the authority to appoint a designee for the limited purpose of conducting
hearings while reserving to the state superintendent the authority to render
the resulting decisions;
(v) Functioning in lieu of the county board of
education in a transfer, sale, purchase or other transaction regarding real
property; and
(vi) Taking any direct action necessary to correct the
emergency including, but not limited to, the following:
(I) Delegating to the state superintendent the
authority to replace administrators and principals in low performing schools
and to transfer them into alternate professional positions within the county at
his or her discretion; and
(II) Delegating to the state superintendent the
authority to fill positions of administrators and principals with individuals
determined by the state superintendent to be the most qualified for the
positions. Any authority related to intervention in the operation of a county
board granted under this paragraph is not subject to the provisions of article
four, chapter eighteen-a of this code.
(n) Notwithstanding any other provision of this
section, the state board may intervene immediately in the operation of the
county school system with all the powers, duties and responsibilities contained
in subsection (m) of this section, if the state board finds the following:
(1) That the conditions precedent to intervention
exist as provided in this section; and that delaying intervention for any
period of time would not be in the best interests of the students of the county
school system; or
(2) That the conditions precedent to intervention
exist as provided in this section and that the state board had previously
intervened in the operation of the same school system and had concluded that
intervention within the preceding five years.
(o) Capacity. — The process for improving
education includes a process for targeting resources strategically to improve the
teaching and learning process. Development of electronic school and school
system strategic improvement plans, pursuant to subsection (b) of this section,
is intended, in part, to provide mechanisms to target resources strategically
to the teaching and learning process to improve student, school and school
system performance. When deficiencies are detected through the assessment and
accountability processes, the revision and approval of school and school system
electronic strategic improvement plans shall ensure that schools and school
systems are efficiently using existing resources to correct the deficiencies.
When the state board determines that schools and school systems do not have the
capacity to correct deficiencies, the state board shall take one or more of the
following actions:
(1) Work with the county board to develop or secure
the resources necessary to increase the capacity of schools and school systems
to meet the standards and, when necessary, seek additional resources in
consultation with the Legislature and the Governor;
(2) Recommend to the appropriate body including, but
not limited to, the Legislature, county boards, schools and communities methods
for targeting resources strategically to eliminate deficiencies identified in
the assessment and accountability processes. When making determinations on
recommendations, the state board shall include, but is not limited to, the
following methods:
(A) Examining reports and electronic strategic
improvement plans regarding the performance and progress of students, schools
and school systems relative to the standards and identifying the areas in which
improvement is needed;
(B) Determining the areas of weakness and of
ineffectiveness that appear to have contributed to the substandard performance
and progress of students or the deficiencies of the school or school system and
requiring the school or school system to work collaboratively with the West
Virginia Department of Education State System of Support to correct the
deficiencies;
(C) Determining the areas of strength that appear to
have contributed to exceptional student, school and school system performance
and progress and promoting their emulation throughout the system;
(D) Requesting technical assistance from the School
Building Authority in assessing or designing comprehensive educational
facilities plans;
(E) Recommending priority funding from the School
Building Authority based on identified needs;
(F) Requesting special staff development programs from
the Center for Professional Development, the Principals Academy, higher
education, regional educational service agencies and county boards based on
identified needs;
(G) Submitting requests to the Legislature for
appropriations to meet the identified needs for improving education;
(H) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(I) Ensuring that the need for facilities in counties
with increased enrollment are appropriately reflected and recommended for
funding;
(J) Ensuring that the appropriate person or entity is
held accountable for eliminating deficiencies; and
(K) Ensuring that the needed capacity is available
from the state and local level to assist the school or school system in
achieving the standards and alleviating the deficiencies.
(p) Building leadership capacity — To help
build the governance and leadership capacity of a county board during an
intervention in the operation of its school system by the state board, and to
help assure sustained success following return of control to the county board,
the state board shall require the county board to establish goals and action
plans, subject to approval of the state board, to improve performance
sufficiently to end the intervention within a period of not more than five
years. The state superintendent shall maintain oversight and provide assistance
and feedback to the county board on development and implementation of the goals
and action plans. At a minimum, the goals and action plans shall include:
(A) An analysis of the training and development
activities needed by the county board and leadership of the school system and
schools for effective governance and school improvement;
(B) Support for the training and development
activities identified which may include those made available through the state
superintendent, regional education service agencies, Center for Professional
Development, West Virginia School Board Association, Office of Education
Performance Audits, West Virginia Education Information System and other
sources identified in the goals and action plans. Attendance at these
activities included in the goals and action plans is mandatory as specified in
the goals and action plans; and
(C) Active involvement by the county board in the
improvement process, working in tandem with the county superintendent to
gather, analyze and interpret data, write time-specific goals to correct
deficiencies, prepare and implement action plans and allocate or request from
the State Board of Education the resources, including board development
training and coaching, necessary to achieve approved goals and action plans and
sustain system and school improvement.
At least once each year during the period of
intervention, the Office of Education Performance Audits shall assess the
readiness of the county board to accept the return of control of the system or
school from the state board and sustain the improvements, and shall make a
report and recommendations to the state board supported by documented evidence
of the progress made on the goals and action plans. The state board may end the
intervention or return any portion of control of the operations of the school system
or school that was previously removed at its sole determination. If the state
board determines at the fifth annual assessment that the county board is still
not ready to accept return of control by the state board and sustain the
improvements, the state board shall hold a public hearing in the affected
county at which the attendance by all members of the county board is requested
so that the reasons for continued intervention and the concerns of the citizens
of the county may be heard. The state board may continue the intervention only
after it holds the public hearing and may require revision of the goals and
action plans.
Following the termination
of an intervention in the operation of a school system and return of full
control by the state board, the support for governance education and
development shall continue as needed for up to three years. If at any time
within this three years, the state board determines that intervention in the
operation of the school system is again necessary, the state board shall again
hold a public hearing in the affected county so that the reasons for the
intervention and the concerns of the citizens of the county may be heard.
NOTE: The purpose of this bill is
to prohibit the use of the Smarter Balanced Assessment or the Partnership for
Assessment of Readiness for College and Careers (PARCC) as a statewide
assessment program. The bill additionally requires the state board to
immediately withdraw from any agreement, memorandum of understanding or
contract to provide these assessments by June 30, 2016. Additionally, the state
board is required to take such additional steps as may be necessary to withdraw
as a governing state in the Smarter Balanced Assessment Consortium.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
WEST virginia legislature