W. Va. Code R. § 126-72-3

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

Section 126-72-3 - Governance and Administration

3.1. General Supervision. The WVBE is responsible for the general supervision of the RESAs and effectuates this responsibility through its staff and through delegation to the WVDE.

3.2. Executive Director, Employment and Selection.

3.2.a. The WVBE shall employ on behalf of each RESA an executive director who will act as the day to day administrator. RESA executive directors serve at the will and pleasure of the WVBE.

3.2.b. The WVBE shall determine the salary of the executive director at each RESA.

3.2.c. The WVBE, in conjunction with the regional council as established herein, will be responsible for filling vacancies in the position of executive director.

3.2.d. When a vacancy occurs in the position of executive director, the President of the WVBE shall notify the chairperson of the respective regional council who is charged with appointing a selection committee to make recommendations to the WVBE for the employment of an executive director. The selection committee shall be comprised of the following individuals: one member of the WVBE appointed by the WVBE President; WVBE staff at the discretion of the WVBE President; up to two WVDE staff members designated by the State Superintendent; at least one superintendent of the regional council; at least one regional council member who sits on a county board of education other than of the superintendent; and at least three other regional council members as appointed by the regional council. The selection committee is charged with drafting a job description to be approved by the WVBE. The selection committee shall forward its nominee to the WVBE for final consideration and approval.

3.2.e. The WVBE shall conduct an annual evaluation of each executive director utilizing a consistent format across all RESAs. One half of the evaluation rating will be determined by the regional council. The State Superintendent or a WVDE designee may participate in the evaluation.

3.4. Regional Councils. Each RESA shall have a regional council for the purpose of advising and assisting the executive director in carrying out his/her duties.

3.4.a. The regional council shall consist of the following:

3.4.a.1. The county superintendent of each member county;

3.4.a.2. A member of the board of education from each member county selected by the county board of education as provided herein;

3.4.a.3. A designee of the WVBE who will serve as an ex-officio, non-voting member;

3.4.a.4. A representative from the WVDE selected by the State Superintendent, who will serve as an ex-officio, non-voting member

3.4.a.5. The following educators to be selected by the executive director with the consent of the regional council:

3.4.a.5.A. One non-superintendent chief instructional leader employed by a member county;

3.4.a.5.B. One school principal employed by a member county; and

3.4.a.5.C. One teacher employed by a member county.

3.4.a.6. The regional council may select additional members representing higher education, business and industry, or other appropriate entities, as the council sees fit to meet its responsibilities.

3.4.b. At the first meeting in July, after each biennial election, each county board shall officially designate the board member representing its board on the regional council. The term of each county board of education member appointment shall be two years, and the member may be reappointed.

3.4.c. The term of each person selected by the executive director shall commence on the first day of July after each biennial election and shall be two years. A person appointed after the first day of July after each biennial election will serve the unexpired term, and the member may be reappointed.

3.5. Each executive director shall make recommendations to the WVBE in the following areas: qualifications and leadership characteristics of regular full-time and regular part-time professional and associate staff, development of an annual budget, development of the RESA strategic plan. Each executive director, with the assistance of staff where appropriate, will complete standard annual performance reviews of each regular full-time and regular part-time professional and associate employee. When a position is funded by grants administered by the WVDE, a member of the associated WVDE staff shall assist in determining qualifications and leadership characteristics, and may be consulted during the evaluation process.

3.6. The superintendent of schools in each county may designate a member of his/her administrative staff to serve as his/her official representative on the regional council as his/her voting alternate if he/she is unable to attend a meeting. Each board of education member may designate an alternate member of the board of education as his/her voting alternate if he/she is unable to attend a meeting. If the WVDE representative is unable to attend a RESA meeting, the State Superintendent may designate an alternate representative to attend the meeting. Persons selected by the executive director on the regional council who are unable to attend a meeting may provide a substitute to represent him/her at the meeting if approved by the executive director.

3.7. The regional council of each RESA shall elect a chairperson from its members and provide for such other officers as it may determine are needed. All officers shall be elected for one-year terms, except that vacancies occurring during a term shall be filled for the remainder of the term by a majority vote of members on the regional council.

3.8. The RESAs shall operate utilizing standard policies, rules, and/or regulations for the effective and efficient operation, as developed and promoted by the WVBE. The WVBE will provide such standard operating protocols.

3.9. A quorum for regional council meetings shall be a simple majority of the number of members of each council.

3.10. The RESA executive director, with input from the chairperson of the regional council shall establish advisory committees, task forces, and study groups as desired for accomplishing RESA functions and services consistent with this WVBE rule.

3.11. On or before May 1 of each year, the WVBE, through its evaluation committee, shall conduct an evaluation of each executive director and RESA and report the results of the evaluation to the entire WVBE and the regional council. In conducting this evaluation, the evaluation committee shall consider (1) the RESA's annual performance report, (2) the leadership of the RESA executive director in developing and implementing the Strategic Plan, (3) findings in the RESA's annual budget audit, (4) recommendations of the regional council regarding performance of the RESA, and (5) any other factor the evaluation committee considers appropriate. At least one half of the evaluation rating must be determined by the regional council.

3.12. The executive directors in the network of RESAs shall annually select from their membership one executive director to serve as the communication liaison with the WVBE and State Superintendent. The WVBE may designate a staff member to serve as its liaison. The purpose of this communication linkage is to ensure that information exchange occurs between leadership of the RESAs and the WVBE that can reveal the benefits, challenges, needs, opportunities, and potential partnership roles of the statewide RESA network as an essential technical assistance and professional development provider of services to the state's system of public schools.

3.13. A RESA may employ staff, as necessary, to perform services described in the Strategic Plan or to operate demonstration, pilot, or other projects that may require staff and support services for effective implementation. Upon the recommendation of a RESA executive director, the WVBE will consider the approval of all regular full-time and regular part-time staff at a RESA after a majority of the members of a regional council, by vote, verify that such employment is necessary for effective provision of services. WVBE delegates to each executive director the authority to authorize the temporary hiring of regular full-time and regular part-time staff, pending final approval of the WVBE.

3.13.a. RESA staff who are hired into a position that requires a specified certification must maintain the certification for the duration of employment.

3.13.b. All RESA regular full-time and regular part time personnel are non-contractual will and pleasure employees of the WVBE. Executive directors will make recommendations for termination and suspension of RESA regular full-time and regular part-time personnel to the WVBE.

3.13.c. The WVBE will develop consistent and standardized personnel policies. Each RESA, through its regional council, may suggest revisions to the personnel policies through the WVBE.

3.13.d. A RESA may acquire and hold property considered necessary by the WVBE for achieving the purpose and functions for which RESAs are established, as advised by the regional council and subject to approval by the WVBE.

W. Va. Code R. § 126-72-3