W. Va. Code R. § 126-13-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-13-8 - School and School System Supports and Consequences

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.

W. Va. Code R. § 126-13-8