W. Va. Code R. § 126-42-8

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

Section 126-42-8 - County Board of Education Staff (CBES) Responsibilities

8.1. County Board of Education Staff (CBES) Responsibilities. It is the responsibility of each county to plan, deliver, and evaluate the educational programs and student support services necessary to implement a thorough and efficient system of public education. The programs of student and student support services mandated by regulations must be available to all students.

8.1.a. Administrative Practices. The CBES shall ensure all components outlined in this policy are appropriately and effectively implemented.

8.1.a.1. Implement CBEM and WVBE policies and procedures.

8.1.a.2. Assure that all schools are safe and that the environment is conducive to learning, per Policy 4373.

8.1.a.3. Implement rules governing student attendance in Grades Kindergarten through 12:

8.1.a.3.A. Assure that all students, ages 6-17, are attending public schools or are exempt from compulsory public school attendance under the provisions of W. Va. Code § 18-8-1 et seq.

8.1.a.3.B. Adjust and report the student attendance rate for the allowable deductions defined in Policy 4110.

8.1.a.3.C. All students shall be scheduled in the defined high school course work, college courses, CTE programs, credit recovery, Option Pathway, experiential learning, or virtual school courses for the full instructional day during Grades 9-12.

8.1.a.3.D. CBEM shall develop within their attendance policy the definition of compelling circumstances under which student may attend school for fewer than four full years and/or may be scheduled for courses for less than the full instructional day.

8.1.a.4. Provide assurances that the county comprehensive developmental guidance and counseling policy reflects provisions of Policy 2315.

8.1.a.4.A. The county school calendar shall meet the requirements of W. Va. Code § 18-5-45 and Policy 3234 by providing: 180 separate days of instruction, with a minimum instructional day of 315 minutes for Kindergarten and Grades 1-5; 330 minutes for Grades 6-8; and 345 minutes for Grades 9-12.

8.1.a.4.B. Co-curricular activities may, by their nature, be scheduled within the school day.

8.1.a.4.C. Orientation programs for incoming Pre-K and Kindergarten-aged children are acceptable means of providing instructional time.

8.1.b. Alternate Delivery of Education Programs. The CBES shall implement policies and documented procedures when providing for alternative delivery of education and service programs for students. A thorough and efficient education must be available to all students, whether they are placed in regular or alternative programs.

8.1.b.1. Provisions of Policy 4373 and Policy 2520.19 shall be adhered to including, but not limited to, the provision of behavioral components in addition to academic coursework.

8.1.b.2. Students with disabilities may require an IEP meeting to determine whether their individualized needs can be met in alternative delivery of education programs. Any change in a student's placement must be addressed by the IEP Team and implemented in accordance with the requirements of Policy 2419.

8.1.b.3. Students with IEPs placed in an integrated general education environment (GEE) and requiring accommodations to be provided by the general education teacher must not exceed 30 percent of the total class enrollment. Students with IEPs placed in co-taught classrooms in which instructional responsibilities are shared between a special educator and a general educator in one physical space must not exceed 50 percent of the total class enrollment in accordance with the requirements of Policy 2419.

8.1.b.4. Schools may award credits earned from approved summer schools provided the instructional program is equivalent to that required during the regular school term. All county summer school programs shall be submitted to the WVBE for approval by June 1 of each year.

8.1.b.5. Homebound/Hospital Services.

8.1.b.5.A. A student who, due to injury or illness as certified in writing by a licensed physician who specializes in the health condition, that may temporarily confine a student to home or hospital for a period that has lasted or will last more than three consecutive weeks will receive home/hospital services. The written statement from a licensed physician must include:

8.1.b.5.A.1. the specific reasons and period of time that the student must remain at home or in the hospital; and

8.1.b.5.A.2. the criteria or conditions under which the student will return to school, and the expected date of such return.

8.1.b.5.B. A written statement by a licensed physician who specializes in the health condition must be resubmitted at least every three months if a student's temporary home/hospital instruction is prolonged.

8.1.b.5.C. The county may require that the parent/guardian obtain an opinion from a second licensed physician who specializes in the health condition at the expense of the county.

8.1.b.5.D. Home/hospital services must be designed to provide the student adequate opportunity to continue learning toward mastery of grade level content standards while he or she is temporarily confined to home or hospital. These services may not replace full time instruction on an ongoing basis. The expectation is that the student will return to the regular classroom.

8.1.b.5.E. Counties shall develop and implement within their attendance policy procedures which shall outline and define the delivery of home/hospital services.

8.1.b.5.F. Since home/hospital services are temporary in nature, the home/hospital teachers are responsible for facilitating instruction in courses with required content standards (i.e., English language arts, mathematics, science, and social studies). For cases in which home/hospital services may be necessary for a longer period of time, a process for renewal is required every three months. The home/hospital services are guided by the student's classroom teacher(s) therefore the home/hospital teacher must be in regular contact with the classroom teacher(s) to:

8.1.b.5.F.1. secure and understand units/lessons, instructional plans, and instructional resources (including approved online and virtual options), and

8.1.b.5.F.2. establish procedures for the collection, grading, and return of student work, as requested by the classroom teacher(s) for feedback and assessment.

8.1.b.5.G. Home/hospital services provided for an exceptional student who is unable to attend school temporarily because of an injury, illness, or health condition require a change in the student's placement to Out-of-School Environment (OSE) as defined Policy 2419. The change of placement to OSE and any appropriate changes to services will be received in the OSE setting, must be addressed by the student's IEP Team and implemented in accordance with the requirements of Policy 2419. For students with Section 504 plans, adjustments to accommodations may be necessary during home/hospital services. Upon return from home/hospital services, both IEP and/or Section 504 documents must be reviewed to ensure appropriate services are in place for re-entry in the school environment.

8.1.b.5.H. Home and/or hospital services may also be provided temporarily at the direction of the county superintendent for students who have not met the immunization requirements of W. Va. Code § 16-3-4.

8.1.b.6. Alternative Settings for Disruptive Students. Students whose disruptive behavior places them at risk of not succeeding in the traditional school structure may be eligible for placement in an alternative education program as authorized by Policy 4373.

8.1.b.7. WVVS Options (refer to Appendix C, Virtual Learning).

8.1.b.8. County Virtual Instruction Program (refer to Appendix C, Virtual Learning).

8.1.b.9. West Virginia Option Pathway. The Option Pathway is a blend of the CTE Pathway and the High School Equivalency (HSE) test. This pathway provides an opportunity for the high school students behind their 9^th grade cohorts a second opportunity to graduate on time rather than dropping out of school.

8.1.c. Accountability for Alternative Programs.

8.1.c.1. All alternative delivery of programs for Kindergarten through Grade 12 must meet the standards and safeguards set forth in WVBE policies related to curriculum, instruction, and student support services.

8.1.c.2. Letters of agreement and/or contracts shall be used with external agencies, businesses, and individuals to clarify responsibilities in areas such as student supervision, public access to school facilities, finance, and program accountability.

8.2. Assessments. The school or county may develop assessments aligned with the content standards to drive instructional improvement for all students.

8.2.a. Assessments may include standardized, non-standardized, performance assessments, end-of-course/program of study (EOC) exams, portfolios, observation performance data, achievement checklists, teacher-made tests, and other assessments that are at the direction of and for use by the classroom teacher.

8.2.b. A formative assessment process shall be used in all grades to provide educators with information to inform instruction, personalize planning, and share individual students' progress with students and families in meaningful ways.

8.3. Compulsory School Attendance. W. Va. Code § 18-8-1a requires compulsory school attendance to begin with the school year in which the sixth birthday is reached prior to July 1 of such year or upon enrolling in a publicly supported Kindergarten program and to continue to the seventeenth birthday or for as long as the student continues to be enrolled in a county after the seventeenth birthday.

8.4. Delivery and Evaluation of Education Programs and Support Services.It is the responsibility of each county to plan, deliver, and evaluate the education programs and student support services necessary to implement a thorough and efficient system of public education. The programs of study and student support services mandated by regulations must be made available to all students.

8.5. English as a Second Language Services. The county shall provide English as a Second Language services, or specially designed instruction, at no cost to parents, to meet the unique educational needs of an eligible limited English proficient student. English as a Second Language Services and content instruction conducted in the classroom and in other settings shall be provided as specified in the student's program of study and in accordance with Policy 2417.

8.6. Facilities. Counties shall ensure that facilities must be safe and well-maintained and meet the standards set forth in Policy 6200.

8.7. Information Systems. Counties shall participate in WVEIS and other WVDE data collections through adherence to data collection calendars and guidance documentation, which are developed and maintained through the WVDE data governance structure per Policy 4350, to ensure compliance with state and federal reporting requirements and to support the population and sustainability of the state's longitudinal data system for educational decision making.

8.8. Instructional Resources. See W. Va. Code §§ 18-2-5, 18-2-8, 18-2A-10, and 18-5-21, and Policy 2445.40.

8.9. Partnerships. Counties may choose to optimize the flexibility demonstrated and available within this and other WVBE policies to:

8.9.a. cooperate with one or more counties in establishing and maintaining joint programs;

8.9.b. contract for services with public or private agencies having appropriate programs; and/or

8.9.c. coordinate and share programs, related services, and resources with other organizations, agencies, and local businesses.

8.10. Special Education provides services and resources to meet the unique needs of all students with disabilities. Counties shall ensure special education requirements set forth in Policy 2419 are implemented.

8.11. Technology. The county shall ensure that each school has:

8.11.a. technology practices that facilitate student development in areas such as, but not limited to, computer skills, critical thinking and decision-making, application of academic knowledge in workplace programs, making informed career decisions, and meeting the requirements of Policy 2520.14; and

8.11.b. a technology infrastructure that has multiple applications for enabling students to achieve at higher academic levels.

8.11.c. adequate technology resources to support instruction.

8.12. Policy Development, Implementation, and Guidance. Counties shall develop procedures, guidelines, and technical assistance documents necessary to implement county policy, WVBE policy, and state law.

8.13. Transportation. See Policy 4336.

W. Va. Code R. § 126-42-8