West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-013 - A Process for Improving Education: Performance Based Accreditation System (2320)
Section 126-13-8 - School and School System Supports and Consequences
Universal Citation: 126 WV Code of State Rules 126-13-8
Current through Register Vol. XLI, No. 38, September 20, 2024
8.1. Purpose. All students in West Virginia schools deserve a quality educational program defined in the West Virginia Constitution as thorough and efficient. Any school with a performance grade below a C or any school system not operating at Full Approval is considered below standard and is subject to intervention, support, and/or consequences identified by the WVBE.
8.2. School Supports and Consequences.
8.2.a. Schools with
a D Performance Grade. Any school with a D performance grade is operating below
acceptable standard. Schools with this performance grade will receive
additional supports and monitoring by the county board of education. If
performance does not improve, other actions and consequences may ensue.
8.2.a.1. School System Support. The county
board of education, through the county superintendent or designee, has the
responsibility to work with all schools with a D performance grade to improve
student performance. The county superintendent or designee must exercise the
following:
8.2.a.1.A. Determine Root Causes.
Work with the school principal and staff to analyze root causes of poor student
performance, including analysis of relevant performance data, school and
classroom conditions, and deficits in resources or capacity. The school system
may consider school responses on the WVDE rubrics related to Policy 2322, the
School Monitoring Report, or other tools or processes that diagnose causes of
poor performance. The school system involves staff in analysis, discussion, and
consensus on findings from such tools to determine root causes.
8.2.a.1.B. Determine Improvements,
Professional Development, and Support. As a result of the analysis of
conditions and determination of root causes, the school system works with the
staff to identify changes in practice, resources, or capacity. Identified
changes are grounded in research or best practices with an established record
for improving student performance. The school system also works with the staff
to establish a capacity for addressing student needs.
8.2.a.1.C. Modify the School Strategic Plan
and Monitor Progress. The school system assists the staff in documenting
identified improvement strategies by revising the school's strategic plan. The
school system monitors the implementation and effectiveness of the plan on a
regular basis through observation of and interaction with the principal, staff,
and students. The school system works with the school staff to adjust the plan
when monitoring results so indicate.
8.2.a.1.D. Evaluate Results. The school
system, working with the school staff, will determine if improvements are
achieving the desired effect on student performance. This evaluation will use
monitoring results, performance increases on the WVAS, and other formative data
and information.
8.2.a.2. External Supports. External Supports
to assist school and school system improvement efforts will be provided by the
WVDE, RESAs, the West Virginia Center for Professional Development, and other
sources having expertise in school improvement.
8.2.b. Schools with Two Consecutive D
Performance Grades. Upon receipt of the second consecutive D grade, the school
system must determine if existing school system supports and interventions,
given more time, will be effective in improving student performance. If the
school system determines that unacceptable improvement has occurred, then other
interventions must ensue. The county superintendent or designee must identify
external supports and/or target additional resources to the school. This
process may involve utilizing external experts and/or resources (1) to evaluate
why the practices and processes used by the school failed to affect results and
(2) to determine how direct intervention will be used to improve
performance.
8.2.c. Schools with
Three Consecutive D Performance Grades. Upon receipt of the third consecutive D
performance grade, the county board of education through the county
superintendent will report a summary of actions, plans, and recommendations to
the WVBE. The WVBE will determine one of the following:
(1) extend the timeline if viable
improvements in conditions and/or acceptable annual improvement in school
performance have occurred,
(2)
declare extraordinary circumstances exist and intervene directly or indirectly
in the operation of the school when decline or unacceptable annual improvement
is evidenced, or
(3) take other
such actions appropriate to the unique circumstances of the school.In
determining acceptable annual improvement in school performance, the WVBE will
use metrics described in the WVAS. These metrics set a trajectory for
improvement based on overall school performance.
8.2.d. Schools with an F Performance Grade.
Any school with an F performance grade is operating at the lowest level of
student performance. Schools with this level of performance must receive
immediate, direct, and intensive intervention and support by the county board
of education and/or technical assistance providers acting in cooperation with
the county board of education. If performance does not improve, other actions
and consequences may ensue. The county superintendent or designee must address
the following:
8.2.d.1. Intervention and
Support. Schools with the lowest level of performance must accelerate the
change process and alter those conditions producing poor results. Thus, the
school system has the responsibility to provide intensive support and/or
necessary resources to alter the school's performance trajectory or to work
with external providers to provide such support. The school system must
determine if (1) the existing staff has the capacity to improve the school
through continuous improvement processes using county supports or (2) immediate
external intervention and/or supports are necessary. If the school system
believes the school has capacity to improve with county support, then the
processes outlined in Section 8.2.a.1.A. through 8.2.a.1.D. of this policy are
applied. If external intervention or additional resources are necessary for
improvement, then the county superintendent or designee must identify those
external supports and/or target additional resources to the school. This
process should determine (1) why the practices and processes used by the school
have failed to affect results and (2) how additional direct intervention and/or
resources will be used to improve performance. In either case, the school has
one year to demonstrate improved performance as measured by the WVAS.
8.2.e. Schools with Two
Consecutive F Performance Grades. Upon receipt of the second consecutive F
performance grade, if the school has made less than acceptable annual
improvement in student performance as measured by the WVAS, other actions must
ensue. After two consecutive F performance ratings, the county board of
education through the county superintendent will report a summary of actions,
plans, and recommendations to the WVBE. The WVBE will determine one of the
following:
(1) extend the timeline if viable
improvements in conditions and/or acceptable annual improvement in school
performance have occurred,
(2)
declare extraordinary circumstance exist and intervene directly or indirectly
in the operation of the school when decline or unacceptable annual improvement
is evidenced, or
(3) take other
such actions appropriate to the unique circumstances of the school. In
determining acceptable annual improvement in school performance, the WVBE will
use metrics described in the WVAS. These metrics set a trajectory for
improvement based on overall school performance.
8.2.f. WVBE Intervention in Schools in
Extraordinary Circumstances.
8.2.f.1.
Definition. The WVBE intervenes in a school's operation when extraordinary
circumstances exist. School extraordinary circumstances are conditions that (1)
result in consistently poor student performance as measured by the WVAS and/or
(2) constitute major impediments to the provision of educational programs and
services for students. Extraordinary circumstances that constitute major
impediments to the provision of educational programs and services for students
include, but are not limited to, the following conditions:
8.2.f.1.A. physical or other abuse of
students;
8.2.f.1.B. inappropriate
suspensions and/or expulsions;
8.2.f.1.C. misappropriation of funds; misuse
of public funds;
8.2.f.1.D.
falsification of reports and/or failure to submit required reports;
8.2.f.1.E. violation of W. Va. Code and WVBE
policies that impact the provision of an appropriate educational
program;
8.2.f.1.F. unhealthy or
unsafe conditions for students and/or employees; or
8.2.f.1.G. failure to provide a high quality
and equal educational opportunity for students which are directly attributed to
deficiencies in leadership, school and classroom learning conditions, and the
school's resources in facilities, personnel, curriculum, and/or equipment and
materials.
8.2.f.2.
Intervention. The WVBE may exercise general supervisory responsibility and
intervene through any of the following processes:
8.2.f.2.A. The WVBE may (1) appoint monitors
and/or support teams to work with the principal and staff of the school where
extraordinary circumstances exist or (2) appoint monitors to assist the school
principal after intervention in the operation of a school is
completed.
8.2.f.2.B. The WVBE may
direct a county board of education to target resources to assist a school where
extraordinary circumstances are found to exist.
8.2.f.2.C. The WVBE may 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 WVBE. If the principal who was removed elects not to remain an employee of
the county board of education, then the principal assigned by the WVBE shall be
paid by the county board. If the principal who was removed elects to remain an
employee of the county board of education, then the following procedure
applies:
(1) the principal assigned by the
WVBE shall be paid by the WVBE until the next school term, at which time the
principal assigned by the WVBE shall be paid by the county board of education;
(2) the principal who was removed
shall be 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 W.Va. Code§
18A-2-7,
or by being placed on the preferred recall list in accordance with W.Va.
Code§
18A-4-7;
and
(3) the principal who was
removed shall be paid by the county board of education and may be assigned to
administrative duties, without the county board of education being required to
post that position until the end of the school term; and
(4) such other powers and actions the WVBE
determines necessary to fulfill its duties of general supervision of the
schools and school systems of West Virginia.
8.2.f.2.D. The county board of education may
take no action nor refuse any action if the effect would be to further impair
the school or the actions of the WVBE in the school where intervention has
taken place.
8.3. School System Support and Consequences for Nonapproval Status.
8.3.a. School System
Support. It is the responsibility of any school system with less than Full
Approval status to seek support to improve performance. External support
providers include the WVDE, RESAs, West Virginia Center for Professional
Development, and other sources having expertise in school and school system
improvement.
8.3.b. Conditions for
Nonapproval. A school system may receive Nonapproval status under six
conditions:
(1) the school system fails to
submit and gain approval of the electronic strategic improvement
plan;
(2) the school system has a
Temporary Approval status and fails to submit and/or gain approval of the
revised electronic strategic improvement plan according to guidelines of the
WVBE;
(3) the school system meets
the definition of extraordinary circumstances as defined in Section 8.3.b.1. of
this policy;
(4) the school system
fails to submit, gain approval, or follow the plan for correcting more than a
casual deficit as defined in Section 8.3.b.2. of this policy;
(5) the school system fails to cause
acceptable increases in student performance in schools with a D or F
designation as measured by the WVAS; or
(6) the school system, while under state
intervention, has failed to meet conditions established by the WVBE for
regaining local control.
8.3.b.1.
Extraordinary circumstances. School system extraordinary circumstances are (1)
pervasive and consistent poor performance across the school system as measured
by the WVAS and (2) conditions that threaten the health, safety, educational
quality of students, or fiscal solvency within the school system. These
conditions include:
8.3.b.1.A.
misappropriation of funds; misuse of public funds;
8.3.b.1.B. falsification of reports and/or
failure to submit required reports;
8.3.b.1.C. violation of W.Va. Code or West
Virginia Board of Education policies that impact the provision of an
appropriate educational program;
8.3.b.1.D. unhealthy or unsafe conditions for
students and/or employees;
8.3.b.1.E. failure to provide a high quality
and equal educational opportunity for students; and/or
8.3.b.1.F. deficiencies in
leadership.
8.3.b.2.
Addressing Deficits. Whenever a county board of education has more than a
casual deficit, the county board of education shall submit a plan to the WVBE
specifying strategies for eliminating the casual deficit. The WVBE shall either
approve or reject the plan. Any county board of education that (1) fails to
submit and gain approval for the plan before the end of the fiscal year after a
deficit greater than a casual deficit occurred or (2) any county board of
education which fails to comply with an approved plan may be designated as
having nonapproval status.
8.3.c. WVBE Actions for Nonapproval Status.
Whenever Nonapproval status is issued to a school system, the WVBE shall
declare a state of emergency in the school system by written notification and
shall appoint a team of improvement consultants to make recommendations within
60 days of appointment for correcting the emergency.
8.3.c.1. Upon approval of the recommendations
by the WVBE, the recommendations shall be made in writing to the county board
of education. If progress in correcting the emergency, as determined by the
WVBE, is not made within six months of receipt of the recommendations, the WVBE
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:
8.3.c.1.A. Limiting the
authority of the county superintendent and county board of education 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 WVBE by
rule, which may include delegating decision-making authority regarding these
matters to the state superintendent of schools.
8.3.c.1.B. Declaring the office of the county
superintendent vacant;
8.3.c.1.C.
Delegating to the state superintendent of schools 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 of schools the authority to render the resulting
decisions;
8.3.c.1.D. Functioning
in lieu of the county board of education in a transfer, sale, purchase, or
other transaction regarding real property; and
8.3.c.1.E. Taking any direct action necessary
to correct the emergency including, but not limited to, the following:
(1) delegating to the state superintendent of
schools 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
(2) delegating to the state superintendent of
schools the authority to fill positions of administrators and principals with
individuals determined by the state superintendent of schools 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 the W.Va. Code
§18A-4.
8.3.c.1.F.
The WVBE may intervene immediately in the operation of a school system if the
WVBE 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 interest
of the students of the school system; or
(2) that the conditions precedent to
intervention exist as provided in this section and that the WVBE had previously
intervened in the operation of the same school system and had concluded that
intervention within the preceding five years.
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