W. Va. Code R. § 126-12-10

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 126-12-10 - LSIC Responsibilities and Processes

10.1. LSICs are designed to represent the voice of the community's education stakeholders.

10.2. W. Va. Code § 18-5A-2 defines the voting members of LSICs as follows:

10.2.a. the principal, who serves as an ex officio member and is entitled to vote;

10.2.b. three teachers elected by the faculty senate of the school;

10.2.c. two service persons elected by the service personnel employed at the school, one of whom may be a bus operator who transports students enrolled at the school;

10.2.d. three parents, guardians, or custodians of students enrolled at the school elected by the parents, guardians, or custodians of students enrolled at the school in such a manner as may be determined by the principal. Under no circumstances may a parent member of a school's council be employed at that school in any capacity;

10.2.e. three at-large members appointed by the principal, at least one of whom resides in the school's attendance area and at least one of whom represents business or industry, neither of whom is eligible for membership under any of the elected classes of members;

10.2.f. in the case of Career Technical Education (CTE) schools, comprehensive middle schools, and comprehensive high schools, the CTE director or principal, as applicable, shall appoint up to four additional members from any one or more of the following categories: employer, employer-sponsored training program, apprenticeship program, and/or post-secondary education; and

10.2.g. in the case of a school with students in grade seven or higher, the student body president or other student in grade seven or higher elected by the student body in those grades.

10.3. Parent(s), guardian(s) or custodian(s), teachers, and service personnel elected to the council shall serve a two-year term and elections shall be arranged in such a manner that no more than two teachers, no more than two parent(s), guardians(s), or custodian(s) and no more than one service person are elected each school year. All other members shall serve one-year terms.

10.4. Council members may be replaced upon death, resignation, failure to appear at three consecutive meetings of the council for which notice was given, or a change in personal circumstances so that the person is no longer representative of the class of members from which appointed. In the case of a vacancy in an elected position, the chair of the council shall appoint another qualified person to serve the unexpired term of the person being replaced, or, in the case of an appointed member of the council, the principal shall appoint a replacement as soon as practicable.

10.5. Nothing prohibits expanding the membership of LSICs to include non-voting members or to request other stakeholders to participate in meetings of the LSIC. Although assistant principals may attend LSIC meetings, they may not serve as a voting member or chair of the LSIC.

10.6. School principals have specific responsibilities regarding the organization and operation of the LSIC.

10.6.a. The school principal shall arrange for the election of members to the LSIC to be held prior to September 15 of each school year and shall give notice of the elections at least one week prior to the elections being held. To the extent practicable, all elections to select council members shall be held within the same week.

10.6.b. As soon as practicable after the election of council members, and no later than October 1 of each school year, the principal shall convene an organizational meeting of the LSIC, as per W. Va. Code § 18-5A-2. The principal shall notify each member by written or electronic means at least five business days in advance of the organizational meeting. At this the first meeting, the LSIC elects from its membership a chair and two members to assist the chair in setting the agenda for each LSIC meeting. The chair shall serve a term of one year. If the chair's position becomes vacant for any reason, the principal shall call a meeting of the council to elect another qualified person to serve the unexpired term. Once elected, the chair is responsible for notifying each member of the LSIC in writing five business days in advance of any council meeting. The principal of the school shall not serve as the LSIC chair.

10.6.b.1. At the organizational meeting, the principal shall provide each member with:

10.6.b.1.A. a copy of the current applicable sections of W. Va. Code § 18-5A-2.

10.6.b.1.B. any WVBE rule or regulation promulgated pursuant to the operation of these councils; and

10.6.b.1.C. any information as may be developed by the WVDE on the operation and powers of LSICs and their important role in improving student and school performance and progress.

10.7. General Operational Procedures of the LSIC.

10.7.a. The LSIC shall meet at least once every nine weeks or equivalent grading period at the call of the chair or by petition of three-fourths of its members. The county superintendent shall monitor principals to ensure all LSIC meetings occur as outlined in this policy.

10.7.b. The LSIC annually shall conduct at least one meeting to engage parents, students, employees, business partners, and other interested parties in a positive and interactive dialogue regarding the school's academic performance and standing as determined by measures adopted by the WVBE. The dialogue shall include an opportunity for attendees to make specific suggestions on how to address issues which are seen to affect the school's academic performance which may include, but are not limited to: parent and community involvement, the learning environment, student engagement, attendance, behaviors, supports for at-risk students, curricular offerings, resources, and the capacity for school improvement. The council shall announce any such meeting ten business days in advance. The LSIC shall ensure that a report of concerns, suggestions, and points raised during this meeting is produced and made available on the school's website and forwarded to CBEM and the WVDE. The county board shall also post this report on its website.

10.7.c. All meetings of the LSIC must be open and announced to the public in compliance with the provisions of the Open Governmental Proceedings Act (W. Va. Code § 6-9A-2(6)).

10.7.d. The LSIC shall ensure that minutes are taken at every meeting and made available to the public on the school's website and upon written request made to the school's principal or council chair.

10.7.e. Each LSIC may adopt a set of bylaws or meeting procedures that are consistent with state and local policy and W. Va. Code. The WVDE provides resources and technical assistance for conducting effective LSIC meetings.

10.7.f. Each LSIC is vested with specific statutory and policy responsibilities and authorities that convey an expectation for high ethical behavior.

10.8. LSIC proposals of alternatives to the operation of the school.

10.8.a. Innovative initiatives that meet a school's needs and circumstances may be proposed by the school working through the LSIC.

10.8.b. A school-level initiative may propose alternatives to the operation of the school that will enable the school to better meet or exceed the West Virginia Standards for Effective Schools, increase administrative efficiency, enhance the delivery of instructional programs, promote student engagement in the learning process, promote business partnerships, promote parent and community involvement at the school, or improve the educational performance of the school generally.

10.8.c. In order to promote innovations and improvements in the environment for teaching and learning at the school, a LSIC shall receive cooperation from the school in implementing policies and programs it may adopt to:

10.8.c.1. encourage the involvement of parents, guardians, or custodians in their child's educational process and in the school;

10.8.c.2. encourage businesses to provide time for their employees who are parents, guardians, or custodians to meet with teachers concerning their child's education;

10.8.c.3. encourage advice and suggestions from the business community;

10.8.c.4. encourage school volunteer programs and mentorship programs;

10.8.c.5. foster utilization of the school facilities and grounds for public community activities;

10.8.c.6. encourage students to adopt safe and healthy lifestyles; and

10.8.c.7. communicate to students the common skills and attributes sought by employers in prospective employees.

10.8.d. In any and all matters which may fall within the scope of both the school improvement councils and the school curriculum teams authored in W. Va. Code § 18-5A-5, the school curriculum teams have jurisdiction.

10.9. LSIC Processes for requesting waivers of rules, policies, interpretations, and statutes to implement alternatives.

10.9.a. A LSIC may submit to its CBEM proposed alternatives to the operation of the public school. If the CBEM approves the proposal, it may provide funding to support implementation of the proposal, if necessary.

10.9.b. An alternative proposed by a LSIC shall set forth:

10.9.b.1. the objective(s) to be accomplished under the proposal;

10.9.b.2. how the accomplishment of such objective(s) shall meet or exceed the standards established by the WVBE;

10.9.b.3. the indicators upon which the meeting of such standards should be judged;

10.9.b.4. a projection of any funds to be saved by the proposal and how such funds shall be reallocated within the school, or any costs associated with the proposal and proposed funding sources; and

10.9.b.5. any policies or rules promulgated by the WVBE or CBEM, any State Superintendent interpretations, and any state statutes for which a waiver shall be required for the proposed alternative to be implemented.

10.9.c. For an alternative to be proposed, at least two-thirds of the members of the LSIC must vote in favor of the proposal. If the alternative to be proposed includes the request for a waiver of policies or rules promulgated by the WVBE or CBEM, State Superintendent interpretations, or state statutes affecting employees, then prior to the proposal of the alternative, a majority of the affected employee group must agree.

10.9.d. A LSIC shall submit its proposed alternative to the CBEM. The CBEM shall acknowledge receipt of the proposal and promptly review the proposed alternative. The CBEM may request additional information and clarifications from the LSIC regarding the proposed alternative. The CBEM shall approve or disapprove the proposal and return it to the council with a statement of the reasons for the action taken, subject to the following:

10.9.d.1. if an alternative proposed by the LSIC requires the waiver of any policies or rules promulgated by the CBEM, approval of the proposal by the CBEM constitutes a grant of the waiver;

10.9.d.2. if an alternative proposed by the LSIC requires the waiver of any policies or rules promulgated by the WVBE and the CBEM approves the proposal except that a waiver by the WVBE is required, the CBEM shall forward the approved proposal to the WVBE for final determination. The WVBE shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the CBEM or its agents and, in its discretion, approve implementation of the alternative or reply to the CBEM and LSIC within a reasonable time as to its reasons for not approving the proposed alternative. Approval of the proposal by the WVBE constitutes a grant of the waiver;

10.9.d.3. if an alternative proposed by the LSIC requires the waiver of a State Superintendent's interpretation and the CBEM approves the proposal except that a waiver by the State Superintendent is required, the CBEM shall forward the approved proposal to the State Superintendent for final determination. The State Superintendent shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the CBEM or its agents and, in their discretion, approve implementation of the alternative or reply to the CBEM and LSIC within a reasonable time as to its reasons for not approving the proposed alternative. Approval of the proposal by the State Superintendent constitutes a grant of the waiver;

10.9.d.4. if an alternative proposed by the LSIC requires the waiver of a state statute and the CBEM approves the proposal except that a waiver of the statute is required, the CBEM shall forward the approved proposal to the Legislative Oversight Commission on Education Accountability (LOCEA). LOCEA shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the CBEM or its agents and determine whether a recommendation should be made for an Act of the Legislature to waive the statute to permit implementation of the proposed alternative;

10.9.d.5. if an alternative that requires a waiver is proposed by more than one LSIC in the county and the CBEM approves, the CBEM may forward a consolidated proposal requesting the waiver to the appropriate bodies as provided in this subsection; and

10.9.d.6. when an alternative to the operation of a school is approved, the CBEM shall establish a process for evaluation of the operation of the alternative. Approval for the operation of the alternative may be continued or revoked at any time by the CBEM based on the results and findings of the evaluation.

10.9.e. Notwithstanding any other provisions of the law to the contrary, a LSIC is not prohibited from permitting off-site classrooms to be developed in conjunction with local businesses if those sites meet the requirements established by the CBEM for sites that are located off-campus.

10.9.f. The WVBE shall submit a report to the Legislative Oversight Commission on Education Accountability and the Governor on September 1 of each year summarizing the proposed alternatives received, approved, or rejected, continued or revoked during the preceding school year, and the results and findings of the evaluations. The report shall specifically identify all policy, rule, and interpretation waiver requests including those requests made to CBEM by LSICs received during the preceding year and the disposition of each.

10.10. LSICs shall be considered for the receipt of school of excellence awards and competitive grant awards and may receive and expend such grants for the purposes provided.

10.11. Any charter public school established pursuant to W. Va. Code § 18-5G-1 may, at its discretion, abide by all or some of the LSIC requirements of this section and may modify any of the requirements it elects to follow to adapt them to be consistent with the operations of the school.

W. Va. Code R. § 126-12-10