West Virginia Code § 18-5A-5

Public school faculty senates established; election of officers; powers and
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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 eighteen-a of this code. A quoerum 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 beginrning 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 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 hteld 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 Lcounty 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 facu lty 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. 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 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 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 vacancies thatr 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 of thtis code to implement the
provisions of this subdivision. The rule may include the following:
(A) A process or alternative processes that a faculty senate may adopt;
(B) If determined necessary, a requirement ansd procedure for training for principals and
faculty senate members or their designees who may participate in interviews and provisions
that may provide for the compensation based on the appropriate daily rate of a classroom
teacher who directly participates in gthe 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; 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.
(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 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. u
(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 maintaininga 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. l
(11) Any faculty senate may review the evaluation procedure as conducted in their school to
ascertain whether the evaluations were coinducted in accordance with the written system
required pursuant to section twelve, article two, chapter eighteen-a of this code or pursuant
to section two, article three-c, chapter eighteen-a 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 boVard 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 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 needes in integrated
classrooms.

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