Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                 ENROLLED
         Committee Substitute for House Bill 5405
     BY DELEGATES STATLER, TONEY, ELLINGTON,
            FEHRENBACHER, AND HORNBY
  [Passed March 9, 2024; in effect ninety days from passage.]
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  AN ACT to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended; and
         to amend and reenact §18A-3C-3 of said code, all relating to increasing support and
         professional development for educators; expanding factors used to determine how funds
         for supporting county-level implementation of the comprehensive systems for teacher and
         leader induction and professional growth are allocated to the counties; authorizing
         retention of certain funding for 2024 – 2025 school year by the Department of Education
         for certain regional professional learning cadres or teacher leadership networks,
         implementing the Department of Education’s academic initiatives, and to assist teachers
         who are less than fully certified; requiring up to a certain portion of the retained funding to
        be distributed to county boards for certain purposes under a grant program to be
        established by state board rule; specifying minimum contents of rule; requiring county
        boards to ensure that the results on the comprehensive statewide student assessment for
        the students taught by each teacher are provided to that teacher; adding to topics to be
        addressed by the plan for implementation of a comprehensive system of support for
        improving professional practice; requiring certain additional amounts paid to a teacher be
        only for the duration of any service provided and not be considered salary for the
        computation of an annuity under the Teachers Retirement System; and removing
        requirement for the Legislative Oversight Commission on Education Accountability to
        review the progress of the implementation of the comprehensive systems of support for
        teacher and leader induction and professional growth and authority to make
        recommendations to the Legislature.
     Be it enacted by the Legislature of West Virginia:
                                   CHAPTER 18. EDUCATION.
     ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
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     §18-9A-10.      Foundation allowance to improve instructional programs, instructional technology, and teacher and leader induction and professional growth.
         (a) The total allowance to improve instructional programs and instructional technology is
  the sum of the following:
         (1) For instructional improvement, in accordance with county and school electronic
  strategic improvement plans required by §18-2E-5 of this code, an amount equal to 10 percent of
  the increase in the local share amount for the next school year shall be added to the amount of
  the appropriation for this purpose for the immediately preceding school year. The sum of these
  amounts shall be allocated to the counties as follows:
         (A) One hundred fifty thousand dollars shall be allocated to each county; and
         (B) Allocation to the counties of the remainder of these funds shall be made proportional
 to the average of each county's average daily attendance for the preceding year and the county's
 second month net enrollment.
        Moneys allocated by this subdivision shall be used to improve instructional programs
 according to the county and school strategic improvement plans required by §18-2E-5 of this code
 and approved by the state board.
        Up to 50 percent of this allocation for the improvement of instructional programs may be
 used to employ professional educators and service personnel in the county. Prior to the use of
 any funds from this subdivision for personnel costs, the county board must receive authorization
 from the state superintendent. The state superintendent shall require the county board to
 demonstrate: (1) The need for the allocation; (2) efficiency and fiscal responsibility in staffing; (3)
 sharing of services with adjoining counties in the use of the total local district board budget; and
 (4) employment of technology integration specialists to meet the needs for implementation of the
 West Virginia Strategic Technology Learning Plan. County boards shall make application for the
 use of funds for personnel for the next fiscal year by May 1 of each year. On or before June 1,
 the state superintendent shall review all applications and notify applying county boards of the
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 approval or disapproval of the use of funds for personnel during the fiscal year appropriate. The
 state superintendent shall require the county board to demonstrate the need for an allocation for
 personnel based upon the county’s inability to meet the requirements of state law or state board
 policy.
           The funds available for personnel under this subdivision may not be used to increase the
 total number of professional noninstructional personnel in the central office beyond four.
           The plan shall be made available for distribution to the public at the office of each affected
 county board; plus
           (2) For the purposes of improving instructional technology, an amount equal to 20 percent
 of the increase in the local share amount for the next school year shall be added to the amount
 of the appropriation for this purpose for the immediately preceding school year. The sum of these
 amounts shall be allocated to the counties as follows:
           (A) Thirty thousand dollars shall be allocated to each county; and
           (B) Allocation to the counties of the remainder of these funds shall be made proportional
 to the average of each county's average daily attendance for the preceding year and the county's
 second month net enrollment.
           Moneys allocated by this subdivision shall be used to improve instructional technology
 programs according to the county board's strategic technology learning plan.
           This allocation for the improvement of instructional technology programs may also be used
 for the employment of technology system specialists essential for the technology systems of the
 schools of the county to be fully functional and readily available when needed by classroom
 teachers. The amount of this allocation used for the employment of technology system specialists
 shall be included and justified in the county board’s strategic technology learning plan; plus
           (3) One percent of the state average per pupil state aid multiplied by the number of
 students enrolled in dual credit, advanced placement, and international baccalaureate courses,
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 as defined by the state board, distributed to the counties proportionate to enrollment in these
 courses in each county; plus
        (4) For the purpose of supporting county-level implementation of the comprehensive
 systems for teacher and leader induction and professional growth pursuant to §18A-3C-3 of this
 code, an amount equal to 20 percent of the increase in the local share amount for the next school
 year shall be added to the amount of the appropriation for this purpose for the immediately
 preceding school year. The sum of these amounts shall be allocated to the counties in a manner
 established by the state board which considers the following factors:
        (A) The number of full-time-equivalent teachers employed by the county with zero years
 of experience;
        (B) The number of full-time-equivalent teachers employed by the county who are less than
 fully certified for the teaching position in which they are employed;
        (C) The total number of full-time-equivalent teachers employed by the county with one
 year of experience, with two years of experience, and with three years of experience;
        (D) The number of full-time-equivalent principals, assistant principals, and vocational
 administrators employed by the county who are in their first or second year of employment as a
 principal, assistant principal, or vocational administrator;
        (E) The number of full-time-equivalent principals, assistant principals, and vocational
 administrators employed by the county who are in their first year in an assignment at a school
 with a programmatic level in which they have not previously served as a principal, assistant
 principal, or vocational administrator; and
        (F) Needs identified in the strategic plans for continuous improvement of schools and
 school systems including those identified through the performance evaluations of professional
 personnel.
        Notwithstanding any provision of this subsection to the contrary, no county may receive
 an allocation for the purposes of this subdivision which is less than the county’s total 2016-2017
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  allocation from the Teacher Mentor and Principals Mentorship appropriations to the Department
  of Education. Moneys allocated by this subdivision shall be used for implementation of the
  comprehensive systems for teacher and leader induction and professional growth pursuant to
  §18A-3C-3 of this code. Notwithstanding any provision of this subsection to the contrary, for each
  of the five school years beginning with the school year 2020 – 2021 and ending after the school
  year 2024 – 2025, from funds to be allocated under this subdivision, $100,000 shall be retained
  by the Department of Education to assist county boards with the design and implementation of a
  teacher leader framework to accomplish the teacher induction and professional growth aspects
  of their comprehensive systems of support for teacher and leader induction and professional
  growth pursuant to §18A-3C-3 of this code. The Department of Education may also retain an
  additional amount of funds to be allocated under this subdivision beginning with the school year
  2024 – 2025, not exceeding $15,000,000, to accommodate the participation by county school
  systems in regional professional learning cadres or teacher leadership networks established or
  supported by the Department of Education, to expand regional professional learning cadres or
  teacher leadership networks designed to support the full implementation of the Third Grade
  Success Act provided in §18-2E-10 of this code, to implement the Department of Education's
  academic initiatives, and to assist teachers who are less than fully certified for the teaching
  position in which they are employed as further provided in §18A-3C-3 of this code. Up to
  $1,000,000 of the $15,000,000 shall be distributed to county boards for the purpose of expanding
  the school districts’ ability to contract with organizations that facilitate the school districts’
  participation in regional professional learning cadres or teacher leadership networks designed to
  support math and science improvement or to support teachers who are less than fully certified for
  the teaching position in which they are employed as further provided in §18A-3C-3 of this code.
  The $1,000,000 shall be distributed to the county boards under a grant program to be established
 by the state board by rule pursuant to §29A-3B-1 et seq. of this code. The rule shall include at
 least the following:
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        (A) A requirement and procedures for county boards to submit applications for a grant;
        (B) Criteria on which awards of the grants will be based on; and
        (C) A requirement for an external evaluation for any program funded by a grant.
        (b) Notwithstanding the restrictions on the use of funds pursuant to subdivisions (1) and
 (2), subsection (a) of this section, a county board may:
        (1) Utilize up to 25 percent of the allocation for the improvement of instructional programs
 in any school year for school facility and equipment repair, maintenance, and improvement or
 replacement and other current expense priorities and for emergency purposes. The amount of
 this allocation used for any of these purposes shall be included and justified in the county and
 school strategic improvement plans or amendments thereto; and
        (2) Utilize up to 50 percent of the allocation for improving instructional technology in any
 school year for school facility and equipment repair, maintenance, and improvement or
 replacement and other current expense priorities and for emergency purposes. The amount of
 this allocation used for any of these purposes shall be included and justified in the county board’s
 strategic technology learning plan or amendments thereto.
                            CHAPTER 18A. SCHOOL PERSONNEL.
      ARTICLE 3C. IMPROVING TEACHING AND LEARNING.
      §18A-3C-3. Comprehensive system for teacher and leader induction and professional growth.
         (a) The intent of the Legislature is to allow for local-level implementation of comprehensive
  systems of support for building professional practice consistent with sound educational practices
  and resources available. In this regard, it is the intent of the Legislature that the comprehensive
  systems of support shall incorporate support for improved professional performance that begins
  with meaningful assistance for beginning teachers and leaders and also is targeted on
  deficiencies identified through the educator personnel evaluation process and other professional
  development needs identified in the strategic plans for continuous improvement of schools and
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  school systems. Further, because of significant variability among the counties, not only in the size
  of their teaching force, distribution of facilities and available resources, but also because of their
 varying needs, the Legislature intends for the implementation of this section to be accomplished
 in a manner that provides adequate flexibility to the counties to design and implement a
 comprehensive system of support for improving professional performance that best achieves the
 goals of this section within the county. Finally, because of the critical importance of ensuring that
 all teachers perform at the accomplished level or higher in the delivery of instruction that at least
 meets the West Virginia Professional Teaching Standards and because achieving this objective
 at a minimum entails providing assistance to address the needs as indicated by the data informed
 results of annual performance evaluations, including the self-assessed needs of the teachers
 themselves, the Legislature expects the highest priority for county and state professional
 development will be on meeting these needs and that the comprehensive systems of support for
 improving professional practice will reflect substantial redirection of existing professional
 development resources toward this highest priority.
        (b) Each county board shall ensure that the results on the comprehensive statewide
 student assessment for the students taught by each teacher are provided to that teacher so that
 the teacher can see the performance of the students he or she taught the previous school year.
        (c) On or before July 1, 2018, the state board shall publish guidelines on the design and
 implementation of a county-level comprehensive system of support for improving professional
 practice. The purpose of the guidelines is to assist the county board with the design and
 implementation of a system that best achieves the goals of this section within the county. The
 guidelines may include examples of best practices and resources available to county boards to
 assist them with the design and implementation of a comprehensive system of support and may
 include guidelines for the design and implementation of a teacher leader framework committed to
 improving the quality of instruction.
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        (d) Effective for the school year beginning July 1, 2018, and thereafter, a county board is
 not eligible to receive state funding appropriated for the purposes of this section or any other
 provision of law related to beginning teacher and principal internships and mentor teachers and
 principals unless it has adopted a plan for implementation of a comprehensive system of support
 for improving professional practice, the plan has been verified by the state board as meeting the
 requirements of this section and the county is implementing the plan. The plan shall address the
 following:
        (1) The manner in which the county will provide the strong school-based support and
 supervision that will assist beginning teachers in developing instructional and management
 strategies, procedural and policy expertise, and other professional practices they need to be
 successful in the classroom and perform at the accomplished level. Nothing in this subdivision
 prohibits a school or school system that was granted an exception or waiver from §18A-3-2c of
 this code prior to the effective date of this section from continuing implementation of the program
 in accordance with the exception or waiver;
        (2) The manner in which the county will provide the strong support and supervision
 necessary to assist teachers employed by the county who are less than fully certified for the
 teaching position in which they are employed that will include an emphasis on grade-level content,
 standards driven instruction, research-based instructional strategies, and mentoring support<