W. Va. Code R. § 126-13-13

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 126-13-13 - Operation of the OEPA

13.1. Purpose and Scope. The OEPA is one agency through which the WVBE fulfills its responsibility to generally supervise West Virginia public schools and school systems. This is carried out through reviewing the processes and procedures associated with annual, cyclical, and special circumstance reviews.

13.2. Supervision. The OEPA operates under the direct supervision of the WVBE, independent of the functions and supervision of the WVDE and state superintendent of schools. The OEPA reports directly to the WVBE in carrying out its duties.

13.3. Operations. The OEPA is headed by a director appointed by the WVBE who serves at the will and pleasure of the WVBE. The WVBE organizes and sufficiently staffs the office to fulfill the duties assigned to it by law and by the WVBE. Employees of the WVDE who are transferred to the OEPA shall retain their benefits and seniority status with the WVDE. The OEPA operates within a budget stipulated by the WVBE and supervised by the executive director of the OEPA. The WVDE acts as the fiscal agent for the OEPA; all allocation of and approval of the expenditure of funds rests under the authority of the director of the OEPA. Under the direction of the WVBE, the OEPA receives support provided by the WVDE information systems staff on research and data analysis of student, school, and school system performance and progress. Further, the OEPA receives assistance, as determined by the WVBE, from the WVDE, RESAs, Center for Professional Development, Principals' Academy, and School Building Authority to carry out the duties assigned to the office.

13.4. Duties. In addition to other duties which may be assigned to it by the WVBE, statute, W. Va. Code § 18-2E-5 identifies the following duties of the OEPA:

13.4.a. Assures that all statewide assessments of student performance used as annual performance measures are secure as required in Code and policy;

13.4.b. Administers all accountability measures as assigned by the WVBE, including, but not limited to processes for the accreditation of schools, the approval of school systems and recommendations to the WVBE;

13.4.c. Determines, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the WVBE and recommend to the WVBE plans to establish those needed capacities;

13.4.d. Determines, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity of schools and school systems to meet the standards established by the WVBE, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the WVBE;

13.4.e. Determines, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the WVBE and make recommendations to the WVBE, the Center for Professional Development, the RESAs, the West Virginia Higher-Education Policy Commission and the county boards;

13.4.f. Identifies, in conjunction with the assessment and accountability processes, school and school system best practices that improve student, school, and school system performance and make recommendations to the WVBE for recognizing and rewarding schools and school systems and promoting the use of best practices. The WVBE provides information on best practices to school systems and uses information identified through the assessment and accountability processes to select schools for recognition; and

13.4.g. Jointly with the WVDE develops the West Virginia Accountability System Methodology guidance document WVDE will utilize in calculating, the OEPA will utilize in verifying, and the WVBE will utilize in determining and communicating grades as specified in Section 2.4.b.2. of this policy.

13.5. Responsibilities.

13.5.a. Conduct annual electronic reviews of all schools. These reviews verify the schools' performance grades and gather information on policy and Code compliance; adherence to Policy 2322; resource, facility, capacity building needs; and school best practices. The OEPA manages all aspects of this process including preparation of tools, communication to schools, and internal facilitation of the electronic review process.

13.5.b. Conduct cyclical on-site reviews of all schools and school systems. These reviews investigate the accuracy of annual school electronic reviews and evaluate school system compliance with policy and Code. The OEPA will manage all aspects of this process including selection of team members, professional development of team members, recommendation of schedules to the WVBE, development of review tools and processes, and advance communication to schools and school systems,

13.5.b.1. Review Team Membership. On-site review team members are selected based on expertise in school high quality learning conditions and knowledge of school and county policy and Code. The size of the team is commensurate with the size of schools and school systems being reviewed. All teams include members with experience in the programmatic area of the schools to be visited and such professionals as teachers, principals, counselors, central office staff, WVDE, and other personnel unless specifically precluded by WVBE policy and/or Code.

13.5.b.2. Review Team Professional Development. Except in emergencies, all team members serving on on-site reviews are required to successfully participate in a comprehensive audit training program. Annual accreditation training programs are held to develop (1) an understanding of the goals, premises, and tenets on which accreditation processes are based; (2) team member knowledge of the Policy 2322 and the indicators and evidence appropriate for judging verification; (3) understanding core policy and Code requirements and the appropriate evidence to determine compliance; and (4) the process skills of interviewing, information gathering, and consensus building that allow the team to fairly and accurately provide feedback to the school and school system.

13.5.c. Conduct special circumstance reviews. The OEPA conducts interim on-site reviews of schools and school systems at the specific direction of the WVBE upon its determination that circumstances exist that warrant such reviews. The OEPA will complete these reviews and manage processes according to the unique circumstance of each special review. Any discussion by the WVBE of schools or school systems to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in executive session and are not subject to the provisions of W. Va. Code § 6-9a-1, et seq. relating to open governmental proceedings.

13.5.c.1. Process for special circumstance reviews. A special on-site review is conducted by the OEPA of a school or school system for the purpose of making recommendations to the school and school system, as appropriate, and to the WVBE on such measures as it considers necessary. The on-site review may include, but is not limited to, the following:

(1) verifying data reported by the school or school system;

(2) examining compliance with the laws and policies affecting student, school and school system performance and progress;

(3) evaluating the effectiveness and implementation status of school and school system electronic strategic improvement plans;

(4) investigating official complaints submitted to the WVBE that allege serious impairments in the quality of education in schools or school systems;

(5) investigating official complaints submitted to the WVBE that allege that a school or county board of education is in violation of policies or laws under which schools and county boards of education operate;

(6) determining and reporting whether required reviews and inspections have been conducted by the appropriate agencies, including, but not limited to, the State Fire Marshal, the Local Health Department, the School Building Authority, and the responsible divisions within the WVDE, and whether noted deficiencies have been or are in the process of being corrected; and

(7) examining county board of education intervention, support and capacity building in schools with a D or F designation when such local actions have failed to cause acceptable increases in student performance as measured by the WVAS. The Director of the OEPA notifies the county superintendent of schools five school days prior to commencing a special on-site review of the school system and notifies both the county superintendent and the principal five school days before commencing an on-site review of an individual school: provided, that the WVBE may direct the OEPA to conduct an unannounced on-site review of a school or school system if the WVBE believes circumstances warrant an unannounced on-site review.

13.5.c.2. Reporting. At the conclusion of a special on-site review of a school system, the OEPA holds an exit conference with the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining to their respective schools. In the case of an on-site review of a school, the exit conference is held with the principal and other school personnel as feasible and the superintendent is provided the opportunity to be present. The purpose of the exit conference is to review the initial findings of the on-site review, clarify and correct any inaccuracies, and allow the opportunity for dialogue between the reviewers and the school or school system to promote a better understanding of the findings. The OEPA reports the findings of an on-site review to the county superintendent and the principals whose schools were reviewed within 30 days following the conclusion of the review. The OEPA reports the findings of the on-site review to the WVBE within a reasonable amount of time after the conclusion of the on-site review.

13.5.d. Utilize an early detection system. As part of the annual school review process, the OEPA utilizes an early detection system as specified in W.Va. Code § 18-2E-5. This system uses information provided by the WVDE on such areas as student performance, pupil safety and well-being, personnel, finance, and other areas that may signify cause for early intervention by the WVBE or for support by such entities as the WVDE, RESAs, the Center for Professional Development, or the school system central office.

13.5.e. Prepare reports and recommendations resulting from annual, cyclical, and special reviews. These documents organize data and information in formats from which the WVBE can make decisions, issue appropriate directives, and communicate important trends or findings to educators, stakeholders, and policy makers.

W. Va. Code R. § 126-13-13