W. Va. Code R. § 126-142-9

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

Section 126-142-9 - Plans to Support Improvement

9.1. Plans to Support Improvement. A plan to support improvement shall be developed by the evaluator and the educator when an educator's performance indicates an area of concern and/or the educator is rated Unsatisfactory in any area of the educator's responsibilities. There are two types of plans:

9.1.a. Focused Support Plan (FSP). A proactive measure that supports individual improvement and professional growth. The FSP, and its implementation, is an improvement process between the educator and the evaluator. The FSP may commence only after a purposeful conversation between the educator and the evaluator, and when there is documented evidence indicating an area of concern based on one or more of the performance standards, and after at least one observation and conference is complete for the educator. The FSP, and its implementation, is an improvement process between the educator and the evaluator. The FSP spans at minimum nine weeks and may commence at any time during the school year and may be repeated once per plan.

9.1.a.1. The FSP must include the following essential components:

a) identified area of concern with reference to the standards to be addressed,

b) expectations for change,

c) nine week timeline for implementation, and

d) resources for support.

9.1.a.2. The following supports may be considered to meet individual needs:

a) professional development,

b) coaching/instructional support,

c) mentoring,

d) peer observation,

e) programs of study, and

f) other supports and resources.

9.1.a.3. The FSP enacted for an educator may address an area of concern involving student learning goals when in conjunction with one or more of the performance standards. School-wide student growth performance levels cannot be considered in a FSP.

9.1.a.4. At the conclusion of the nine week FSP, if evidence demonstrates that the standard has been met, then the plan is successfully completed. If evidence demonstrates that adequate progress has been made but the standard has not been met, the FSP will continue for a second nine week period. In the event of inadequate progress on the standard related to the area of concern, an evaluation will be completed and a CAP will be initiated.

9.1.b. Corrective Action Plan (CAP). The CAP is initiated when a FSP results in inadequate progress and when an evaluation is completed that shows unsatisfactory performance based on one or more of the standards or when certain instances of misconduct as specified in W. Va. Code § 18A-2-8 may require immediate action and/or a CAP. The CAP may address unsatisfactory performance involving student learning goals when in conjunction with one or more of the standards. A minimum of one observation must be complete for the educator prior to the beginning of a CAP. The CAP spans 18 weeks and may commence at any time during the school year.

9.1.b.1. The CAP must include the following essential components:

a) identified area of unsatisfactory performance with reference to the standard(s) to be addressed;

b) timeline for implementation; and

c) resources for support, including referral to other educators.

9.1.b.2. The CAP is determinative and may not be repeated. Evidence of adequate progress must be demonstrated by the conclusion of the 18 week CAP. If evidence does not demonstrate that adequate progress has been made at the conclusion of the 18 week period, termination for unsatisfactory performance shall ensue. The area of unsatisfactory performance, with reference to the standards, guides the choice of evidence within a CAP. This evidence may include observation, if appropriate.

9.1.b.3. Unsatisfactory performance related to a single element is addressed through quality sustained job-embedded professional development and support. Two consecutive Unsatisfactory performance-level summative ratings related to the same element are addressed through evaluation based on the rubrics associated with the standard that addresses the educator's professional responsibilities for self-renewal that stipulate professional self-renewal as a requirement. Unsatisfactory performance related to a single element cannot initiate a CAP.

9.2. If an educator transfers within the county, as determined by county policy, or to any other county within the state during the implementation of a FSP, the existence of a FSP shall be noted in the online system. The new supervisor will conduct a conference and an observation of the educator to determine the need and parameters of a continued FSP.

9.3. If an educator transfers within the county, as determined by county policy, or to any other county within the state during the implementation of a CAP, the plan is noted in the online system and transferred to the new supervisor for continuation.

9.4. Unsatisfactory performance in any area of the Professional Conduct Standard results in an Unsatisfactory rating of the standard.

9.4.a. Certain instances of misconduct as specified in W. Va. Code § 18A-2-8 may require immediate disciplinary action and/or a CAP.

9.4.b. Instances of unsatisfactory Professional Conduct not specified in W. Va. Code § 18A-2-8 shall result in either a FSP or CAP determined at the discretion of the evaluator.

9.5. Nothing in this section shall supersede the provisions of W. Va. Code §§ 18-2E-6, 18-3-4, or 18A-2-8.

W. Va. Code R. § 126-142-9