Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                  Engrossed Committee Substitute for Senate Bill 727
     BY SENATORS GRADY, ROBERTS, AND PLYMALE
 [Originating in the Committee on Education; reported February 16, 2024]
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  A BILL to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended; and to
         amend and reenact §18A-4-8b of said code, all relating to revising the process for county
         boards of education to hire aides and early childhood classroom assistant teachers;
         allowing the principal or certain other person designated in West Virginia Board of
         Education rule to be given opportunity to interview all qualified applicants and make
         recommendations regarding their employment; allowing faculty senate to interview or
         otherwise obtain information regarding applicants; adding to criterion that decisions
         affecting promotions and filling of the aide and early childhood classroom assistant teacher
         positions are to be based on; specifying weight to be given to each criterion; requiring all
        qualified applicants to be considered together in one group; requiring appointment of
        applicant if the principal and faculty senate recommend the same applicant and the county
        superintendent concurs; requiring state board rule to implement and interpret certain
        provisions; and establishing effective date.
     Be it enacted by the Legislature of West Virginia:
                                   CHAPTER 18. EDUCATION.
     ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
     §18-5A-5. Public school faculty senates established; election of officers; powers and duties.
         (a) There is established at every public school in this state a faculty senate which is
  comprised of all permanent, full-time professional educators employed at the school who shall all
  be voting members. "Professional educators", as used in this section, means "professional
  educators" as defined in chapter 18A of this code. A quorum of more than one half of the voting
  members of the faculty shall be present at any meeting of the faculty senate at which official
  business is conducted. Prior to the beginning of the instructional term each year, but within the
  employment term, the principal shall convene a meeting of the faculty senate to elect a chair, vice
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  chair, and secretary and discuss matters relevant to the beginning of the school year. The vice
  chair shall preside at meetings when the chair is absent. Meetings of the faculty senate shall be
 held during the times provided in accordance with subdivision (12), subsection (b) of this section
 as determined by the faculty senate. Emergency meetings may be held during noninstructional
 time at the call of the chair or a majority of the voting members by petition submitted to the chair
 and vice chair. An agenda of matters to be considered at a scheduled meeting of the faculty
 senate shall be available to the members at least two employment days prior to the meeting. For
 emergency meetings, the agenda shall be available as soon as possible prior to the meeting. The
 chair of the faculty senate may appoint such committees as may be desirable to study and submit
 recommendations to the full faculty senate, but the acts of the faculty senate shall be voted upon
 by the full body.
        (b) In addition to any other powers and duties conferred by law, or authorized by policies
 adopted by the state or county board or bylaws which may be adopted by the faculty senate not
 inconsistent with law, the powers and duties listed in this subsection are specifically reserved for
 the faculty senate. The intent of these provisions is neither to restrict nor to require the activities
 of every faculty senate to the enumerated items except as otherwise stated. Each faculty senate
 shall organize its activities as it considers most effective and efficient based on school size,
 departmental structure, and other relevant factors.
        (1) Each faculty senate shall control funds allocated to the school from legislative
 appropriations pursuant to section nine, article nine-a of this chapter §18-9A-9 of this code. From
 those funds, each classroom teacher and librarian shall be allotted $300 for expenditure during
 the instructional year for academic materials, supplies, or equipment which, in the judgment of
 the teacher or librarian, will assist him or her in providing instruction in his or her assigned
 academic subjects or shall be returned to the faculty senate: Provided, That nothing contained
 herein prohibits the funds from being used for programs and materials that, in the opinion of the
 teacher, enhance student behavior, increase academic achievement, improve self-esteem, and
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 address the problems of students at risk. The remainder of funds shall be expended for academic
 materials, supplies, or equipment in accordance with a budget approved by the faculty senate.
 Notwithstanding any other provisions of the law to the contrary, funds not expended in one school
 year are available for expenditure in the next school year: Provided, however, That the amount of
 county funds budgeted in a fiscal year may not be reduced throughout the year as a result of the
 faculty appropriations in the same fiscal year for such materials, supplies, and equipment.
 Accounts shall be maintained of with the allocations and expenditures of such funds for the
 purpose of financial audit. Academic materials, supplies, or equipment shall be interpreted
 broadly, but does not include materials, supplies, or equipment which will be used in or connected
 with interscholastic athletic events.
        (2) A faculty senate may establish a process for members to interview or otherwise obtain
 information regarding applicants for classroom teaching, aide, and early childhood classroom
 assistant teacher vacancies that will enable the faculty senate to submit recommendations
 regarding employment to the principal. To facilitate the establishment of a process that is timely,
 effective, consistent among schools and counties, and designed to avoid litigation or grievance,
 the state board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a §29A-
 3B-1 et seq. of this code to implement the provisions of this subdivision. The rule shall require
 that any process established pursuant to this subdivision include the participation and input of
 one service person when information regarding applicants for aide or early childhood classroom
 assistant teacher vacancies is being obtained; that the service person not be a bus driver; that
 the service person be an aide or an early childhood classroom assistant teacher when possible;
 that the service person be employed at the school with the vacancy; and that no service person
 applying for the position be included in the process beyond his or her role as an applicant for the
 position. The rule also may include the following:
        (A) A process or alternative processes that a faculty senate may adopt;
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        (B) If determined necessary, a requirement and procedure for training for principals, and
 faculty senate members or their designees, and service personnel who may participate in
 interviews and provisions that may provide for the compensation based on the appropriate daily
 rate of a classroom teacher or of a service person, as applicable, who directly participates in the
 training for periods beyond his or her individual contract;
        (C) Timelines that will assure the timely completion of the recommendation or the forfeiture
 of the right to make a recommendation upon the failure to complete a recommendation within a
 reasonable time;
        (D) The authorization of the faculty senate to delegate the process for making a
 recommendation to a committee of no less than three members of the faculty senate plus one
 service person meeting the requirements of this subdivision when information regarding
 applicants for aide or early childhood classroom assistant teacher vacancies is being obtained;
 and
        (E) Such other provisions as the state board determines are necessary or beneficial for
 the process to be established by the faculty senate.
        (3) A faculty senate may nominate teachers for recognition as outstanding teachers under
 state and local teacher recognition programs and other personnel at the school, including parents,
 for recognition under other appropriate recognition programs and may establish such programs
 for operation at the school.
        (4) A faculty senate may submit recommendations to the principal regarding the
 assignment scheduling of secretaries, clerks, aides, and paraprofessionals at the school.
        (5) A faculty senate may submit recommendations to the principal regarding establishment
 of the master curriculum schedule for the next ensuing school year.
        (6) A faculty senate may establish a process for the review and comment on sabbatical
 leave requests submitted by employees at the school pursuant to section eleven, article two of
 this chapter §18-2-11 of this code.
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          (7) Each faculty senate shall elect three faculty representatives to the local school
  improvement council established pursuant to section two of this article.
          (8) Each faculty senate may nominate a member for election to the county staff
  development council pursuant to section eight, article three, chapter eighteen-a §18A-3-8 of this
  code.
          (9) Each faculty senate shall have an opportunity to make recommendations on the
  selection of faculty to serve as mentors for beginning teachers under beginning teacher internship
  programs at the school.
          (10) A faculty senate may solicit, accept, and expend any grants, gifts, bequests,
  donations, and any other funds made available to the faculty senate: Provided, That the faculty
  senate shall select a member who has the duty of maintaining a record of all funds received and
  expended by the faculty senate, which record shall be kept in the school office and is subject to
  normal auditing procedures.
          (11) Any faculty senate may review the evaluation procedure as conducted in their school
  to ascertain whether the evaluations were conducted in accordance with the written system
 required pursuant to section twelve, article two, chapter eighteen-a §18A-2-12 of this code or
 pursuant to section two, article three-c, chapter eighteen-a §18A-3C-2 of this code, as applicable,
 and the general intent of this Legislature regarding meaningful performance evaluations of school
 personnel. If a majority of members of the faculty senate determine that such evaluations were
 not so conducted, they shall submit a report in writing to the State Board of Education: Provided,
 That nothing herein creates any new right of access to or review of any individual’s evaluations.
         (12) A local board shall provide to each faculty senate at least six two-hour blocks of time
 for faculty senate meetings with at least one two-hour block of time scheduled in the first month
 of the employment term, one two-hour block of time scheduled in the last month of the
 employment term and at least one two-hour block of time scheduled in each of the months of
 October, December, February, and April. A faculty senate may meet for an unlimited block of time
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 during noninstructional days to discuss and plan strategies to improve student instruction and to
 conduct other faculty senate business. A faculty senate meeting scheduled on a noninstructional
 day shall be considered as part of the purpose for which the noninstructional day is scheduled.
 This time may be used and determined at the local school level and includes, but is not limited to,
 faculty senate meetings.
        (13) Each faculty senate shall develop a strategic plan to manage the integration of special
 needs students into the regular classroom at their respective schools and submit the strategic
 plan to the superintendent of the county board periodically pursuant to guidelines developed by
 the State Department of Education. Each faculty senate shall encourage the participation of local
 school improvement councils, parents, and the community at large in developing the strategic
 plan for each school.
        Each strategic plan developed by the faculty senate shall include at least: (A) A mission
 statement; (B) goals; (C) needs; (D) objectives and activities to implement plans relating to each
 goal; (E) work in progress to implement the strategic plan; (F) guidelines for placing additional
 staff into integrated classrooms to meet the needs of exceptional needs students without
 diminishing the services rendered to the other students in integrated classrooms; (G) guidelines
 for implementation of collaborative planning and instruction; and (H) training for all regular
 classroom teachers who serve students with exceptional needs in integrated classrooms.
                              CHAPTER 18A. SCHOOL PERSONNEL.
      ARTICLE 4. SALARIES, WAGES, AND OTHER BENEFITS.
      §18A-4-8b. Seniority rights for school service personnel.
         (a) A county board shall make decisions affecting promotions and the filling of any service
  personnel positions of employment or jobs occurring throughout the school year that are to be
  performed by service personnel as provided in §18A-4-8 of this code, on the basis of seniority,
  qualifications, and evaluation of past service, subject to subsection (c) of this section.
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           (b) Qualifications means the applicant holds a classification title in his or her category of
  employment as provided in this section and is given first opportunity for promotion and filling
  vacancies. Other employees then shall be considered and shall qualify by meeting the definition
  of the job title that relates to the promotion or vacancy, as defined in §18A-4-8 of this code. If
  requested by the employee, the county board shall show valid cause why a service person with
 the most seniority is not promoted or employed in the position for which he or she applies.
 Qualified Subject to subsection (c) of this section, applicants shall be considered in the following
 order:
          (1) Regularly employed service personnel who hold a classification title within the
 classification category of the vacancy;
          (2) Service personnel who have held a classification title within the classification category
 of the vacancy whose employment has been discontinued in accordance with this section;
          (3) Regularly employed service personnel who do not hold a classification title within the
 classification category of the vacancy;
          (4) Service personnel who have not held a classification title within the classification
 category of the vacancy and whose employment has been discontinued in accordance with this
 section;
          (5) Substitute service personnel who hold a classification title within the classification
 category of the vacancy;
          (6) Substitute service personnel who do not hold a classification title within the
 classification category of the vacancy; and
          (7) New service personnel.
          (c) Notwithstanding any other provision of this code to the contrary, in the case of any aide
 position or early childhood classroom assistant teacher position:
          (1) A county board shall give the principal at the school at which the majority of duties
 would be performed by applicants an opportunity to interview all qualified applicants and make
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 recommendations to the county superintendent regarding their employment. The state board rule
 required by subdivision (7) of this subsection shall designate the person to interview the applicants
 if the principal is unable to submit hiring recommendations;
        (2) A county board shall also give the faculty senate at the school at which the employee
 will be performing a majority of his or her duties including the participating service person required
 pursuant to §18-5A-5 of this code an opportunity to interview or otherwise obtain information
 regarding applicants for the vacancies;
        (3) Decisions affecting promotions and filling of the aide or early childhood classroom
 assistant teacher positions of employment or jobs occurring throughout the school year that are
 to be performed by any aide or early childhood classroom assistant teacher as provided in §18A-
 4-8 of this code shall be made on the basis of:
        (A) Seniority;
        (B) Qualifications;
        (C) Evaluation of past service;
        (D) The recommendation of the principal or other person as designated by the state board
 rule pursuant to subdivision (1) of this subsection;
        (E) The recommendation, if any, resulting from the process established pursuant to §18-
 5A-5 of this code by the faculty senate of the school at which the employee will be performing a
 majority of his or her duties; and
        (F) Whether the applicant is an aide or an early childhood classroom assistant teacher
 with a preference for early childhood classroom assistant teachers over aides.
        (4) Each of the criterion under subdivision (3) of this subsection shall be gi