W. Va. Code R. § 126-12-5

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 126-12-5 - Support and Accountability for Counties

5.1. To ensure that each county provides a thorough and efficient education for its students, the WVBE shall annually review information submitted for each county from WVDE Office of Accountability. County status shall be reviewed and determined based on multiple measures of student performance and county operational efficiency.

5.1.a. School accreditation shall be reviewed annually and determined in a balanced manner that gives fair credit to multiple measures affecting students and subgroups of students in the school. The accountability of all public schools shall be measured by the academic achievement, academic progress, and success indicators reported annually on the West Virginia Balanced Scorecard with each indicator designated by a performance level.

5.2. County Support and Accountability for Student Performance. The WVDE reports county performance annually based on an aggregate of each indicator identified in the WVAS. To improve school quality, provide technical assistance, and build capacity, counties shall be identified for varying levels of support.

CHART 1 Stages for County Support and Accountability
Identification Phase	Definition	County Responsibilities	WVDE Responsibilities
Stage One: On Watch Identification	One or more indicators do not meet standard.	* Diagnose and build structures to facilitate countywide improvement for identified deficiencies. * Review the county strategic plan to ensure it addresses deficiencies. * Monitor progress toward goals.	* Provide technical assistance at the request of county leadership.
Stage Two: Support Identification	Any indicator that does not meet standards and does not show improvement for two consecutive years.	* Adjust the district strategic plan to target deficiencies and lack of improvement in stage one. * Monitor progress.	* Monitor progress * Provide technical assistance as determined necessary by WVDE or at the request of county leadership.
Stage Three: Intensive Support Identification	Any indicator that does not meet standard and does not show improvement for three consecutive years.	* Adjust the strategic plan based on lack of improvement in stage two. * Monitor progress. * Report progress to WVDE Office of Accountability quarterly.	* Provide technical assistance * Monitor progress * Make annual recommendations to the WVBE, including possible non-approval status based on lack of progress.

5.3. County Operational Effectiveness: Indicators of Efficiency. The indicators of efficiency are developed for use by the appropriate divisions within the WVDE to ensure efficient management and use of resources in counties and schools. A county's operational effectiveness shall be reported annually to the WVBE based on 11 indicators of efficiency. The county's performance under any given indicator, designated as meeting requirements or needing assistance, is the result of an evaluation of records, reports, and other documents regarding the quality of education and compliance with statutes, policies, and state-approved standards under each efficiency indicator. Indicators of efficiency are listed in Chart 2.

CHART 2 County Operational Effectiveness: Indicators of Efficiency
Efficiency Standard	Summary
Career Technical Education	The county implements programs of study within a Simulated Workplace environment on the approved curriculum list that provide access to a wide range of high-quality post-secondary.
Child Nutrition	The county establishes, implements, and monitors policies and regulations that define requirements and criteria for a healthy school nutrition program.
Facilities	The county operates and maintains schools efficiently and economically, and the number and location of schools serve the student population adequately.
Federal Programs	The county designs, implements, and monitors supplemental programs designed to improve student achievement that are consistent with federal laws and regulations.
Finance	The county complies with various financial requirements to ensure that all funds are spent appropriately for allowable and fiscally responsible purposes.
Personnel	The county ensures that its employees are credentialed with the appropriate certification/licensure so that students are provided with high-quality and highly effective educators and support personnel.
Special Education	The county ensures that all eligible students with exceptionalities are provided with a free appropriate public education (FAPE) in accordance with state and federal regulations.
State Required Data Collections	The county verifies that all required data are entered into WVEIS in a timely and efficient manner and certified or verified in accordance with expectations established by the WVDE.
Transportation	The county evaluates the efficiency and effectiveness of the transportation services consistent with state laws and policies.
Universal Pre-K: School Readiness	The county provides high quality universal pre-k to all four-year-olds and eligible three-year-olds that is consistent with state laws and policies.
CBEM Effectiveness	Each county board assesses its own performance annually, and no later than July 30, using a statutorily-required performance appraisal instrument, approved by the WVBE. The appraisal shall focus on collaboration with various constituency groups and the general public, strategies necessary to monitor and improve student achievement on a continuing basis, and effective utilization of policy to govern. At the conclusion of the appraisal, the CBEM shall make available to the public, no later than August 15, a summary of the evaluation, including areas in which the CBEM conclude improvement is warranted. CBEM shall fulfill the statutory training requirements as monitored and maintained by the WVBE County Board Member Training Standards Review Committee (TSRC) and the West Virginia School Board Association (WVSBA).

5.4. County Operational Effectiveness: Support and Accountability. Counties shall comply with state and federal requirements under each efficiency indicator. For counties identified as needing assistance and support, requirements are listed in Chart 3.

CHART 3 County Support and Accountability for Operational Effectiveness

Corrective Action Identification. Any efficiency indicator identified as Needs Assistance in the annual county profile.

* County leadership, with assistance from WVDE, develops an action plan. * County and WVDE monitor progress. * After plan implementation, WVDE makes recommendations to the WVBE based on the progress made by the county. These recommendations may include nonapproval status based on a lack of acceptable progress.

5.5. Extraordinary Circumstances: State of Emergency (W. Va. Code § 18-2E-5). The WVBE may declare a State of Emergency in a county when extraordinary circumstances exist, but do not rise to the level of immediate intervention by the WVDE at the direction of the WVBE. (See Chart 4.)

CHART 4 County Support and Accountability for State of Emergency
Extraordinary Circumstances include, but are not limited to:	Corrective Action
* misappropriation of funds or misuse of public funds; * falsification of reports or failure to submit required reports; * violation of W. Va. Code or WVBE policies that impact the provision of an appropriate educational program; * unhealthy or unsafe conditions for students or employees; * school(s') failure to provide high quality and equal educational opportunities for students, as demonstrated by persistently low academic performance; * deficiencies in leadership, such as demonstrating defiance of law or policy and/or willful neglect of duty; or * evidence of CBEM governance and county superintendent operational relations which may divert CBEM or county superintendent efforts to focus on accountability for student achievement or which divert the CBEM from achieving its goals as identified in its Strategic Improvement Plan or such other considerations as the WVBE may determine; or * failure of CBEM to fulfill the statutory training requirements and any training prescribed by the WVBE or WVDE as described in section 6 of this policy.	1. The WVDE provides recommendations to the WVBE within 60 days to correct deficiencies. 2. The WVBE shall review and approve, as appropriate, the corrective action plan for the county. 3. Once approved, the county shall have six months to implement recommendations to correct circumstances. 4. A county's lack of progress during the six-month period can lead to one or more of the following interventions by the WVBE: a. limit the authority of the CBEM, b. declare the office of the county superintendent is vacant, c. declare the positions of personnel who serve at the will and pleasure of the county superintendent vacant, d. fill the declared vacancies during the period of intervention, and e. take any direct action necessary to correct the extraordinary circumstance. 5. A county superintendent may remove the principal of a low performing school who exhibits deficiencies in leadership.
County Approval Status.
The WVBE may issue nonapproval status to a county until acceptable progress is demonstrated.

5.6. Extraordinary Circumstances: Immediate Intervention (W. Va. Code § 18-2E-5). The WVBE may intervene immediately in the operation of a county when the determination is made that decisive action is required to improve conditions. (See Chart 5.)

CHART 5 County Support and Accountability for Immediate Intervention
Conditions may include, but are not limited to:	Corrective Action
* a county fails to act on a statutory obligation which would interrupt the day-to-day operations of the county; * the conditions precedent to intervention exist and delaying the intervention would not be in the best interest of the students; and/or * the conditions precedent to intervention exist and the WVBE had previously intervened in the county and completed the intervention within the preceding five years.	WVBE shall determine the required corrective action of the county in accordance with W. Va. Code § 18-2E-5. Interventions may include, but are not limited to: a. limit the authority of CBEM, b. declare the office of the county superintendent vacant, c. declare the positions of personnel who serve at the will and pleasure of the county superintendent vacant, d. fill the declared vacancies during the period of intervention, and e. take any direct action necessary to correct the extraordinary circumstance.
County Approval Status.
The WVBE shall issue nonapproval status until acceptable progress is demonstrated.
Leadership Capacity.
1. When a county does not have the capacity to correct deficiencies, the WVBE shall:	a. work with the county to develop and obtain the necessary resources in consultation with the Legislature and the Governor; or b. recommend to the appropriate body, including but not limited to, the Legislature, CBEM, schools, and community, methods for targeting resources to eliminate deficiencies.
2. To build the governance and leadership capacity of CBEM during an intervention in the operation of its county:	a. the CBEM shall establish goals and an action plan, provided the authority of the local board has not been limited as a result of the intervention. Any such plan shall include: an analysis of the training and professional learning activities needed by the CBEM and county leadership; support identified training activities; and active involvement by the CBEM and county superintendent in the improvement process.
	b. the State Superintendent of Schools (State Superintendent) shall maintain oversight of the county on the development and implementation of the plan.
Period of Intervention.
Once per year.	a. The WVDE shall assess the readiness of the CBEM to accept return of control and sustain improvements. b. The WVDE shall report any recommendations to the WVBE supported by evidence of the progress made on goals and action plans. c. The WVBE may return any or every portion of control of the operations to the county.
At the end of five years.	WVBE shall determine if the CBEM is ready to accept return of control and sustain improvements. If not, the WVBE: a. shall hold a public hearing in the affected county, b. may continue intervention only after public hearing, and c. may require an additional revision of goals and action plan.
Beyond five years.	The WVBE must hold a public hearing after each annual assessment beyond the fifth year.
Termination of Intervention. Following termination, support from the WVDE and WVBE shall continue as needed for up to three years.

5.7. Special Circumstance Reviews. The WVDE shall conduct special circumstance reviews of counties and schools at the direction of the State Superintendent who will inform the WVBE of the circumstances that exist to warrant such reviews. The WVDE shall complete on-site reviews and manage processes according to the unique circumstances of each special review. Any discussion by the WVBE of counties and schools to be subject to a special circumstance review or date for which such reviews shall be conducted may be held in executive session and are not subject to the provision of W. Va. Code § 6-9A-10 relating to open governmental meetings.

5.8. A county superintendent or local board of education, via board action at a public meeting, may request in writing to the State Superintendent and the WVBE that a special circumstance review be conducted. The request must include the specific circumstance that warrants such a review.

5.9. Process for Special Circumstance Reviews. A special on-site review is conducted by WVDE of a county or school for the purpose of making recommendations to the county and school, as appropriate, and to the WVBE on such measures as it considers necessary.

5.9.a. The on-site review may include, but is not limited to, the following:

5.9.a.1. verifying data reported by the county or school;

5.9.a.2. examining compliance with the laws and policies affecting student, school, and county performance and progress;

5.9.a.3. investigating official complaints submitted to the WVBE that allege serious impairments in the quality of education in counties or schools;

5.9.a.4. investigating official complaints submitted to the WVBE that allege a county or school is in violation of policies or laws; or

5.9.a.5. examining county intervention, support, and capacity building at the county and school when such local actions have failed to cause acceptable increases in student performance as measured by the WVAS.

5.9.b. Notification of On-site Review.

5.9.b.1. WVDE notifies the county superintendent of schools five days prior to commencing a special review of the county and notifies both the county superintendent and the principal five school days prior to the review of an individual school.

5.9.b.2. The WVBE may direct the WVDE to conduct an unannounced on-site review of a school or county if the WVBE believes circumstances warrant an unannounced on-site review.

5.9.c. Exit Conference. At the conclusion of a special on-site review of a county or a school, the WVDE will hold an exit conference. The purpose of an exit conference is to review the initial findings of the special circumstance review, clarify and correct any inaccuracies, and promote better understanding of the findings.

5.9.c.1. County Review. WVDE shall hold an exit conference with the superintendent and CBEM president or designee.

5.9.c.2. School Review. WVDE shall hold an exit review with the county superintendent, CBEM president or designee, principal, and other school and county personnel as directed by the superintendent.

5.9.d. Reporting. The WVDE shall report any findings and recommendations to the WVBE within 45 days of the on-site review. Final reports shall be provided to the county superintendent and CBEM president following report acceptance by the WVBE. A copy of the final report shall be provided to the principal when a school was part of the special circumstance review.

W. Va. Code R. § 126-12-5