West Virginia Code § 18-5E-5

Operational agreement between Innovation in Education school and
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county board.
An Innovation in Education school designated by the state board may not commence or
continue operations without a signed operational agreement between the county board and
the school principal which sets forth at least the following:
(1) Any conditions which must be met before the Innovation in Education school may begin
full operations. If necessary, the full implementation of an Innovation in Education school
may be postponed for up to one school year following its initial designation to enable all
conditions necessary for full operation to be met; u
(2) Any material term of the school's Innovation in Education Plan concerning curriculum,
budget, school schedule, calendar, staffing, professional development and policies and
procedures to be adhered to by both the county board and the school;
(3) An agreed-upon process for amending or refininlg the school's Innovation in Education
Plan to improve the school's performance ands student success, including but not limited to,
the request for additional waivers of rules, policies, interpretations and statutes through the
local school improvement council process;i
(4) The annual performance targets set by the county board and the school to assess and
evaluate the school's progress in achieving its annual measureable goals as set forth in its
Innovation in Education Plan, including any additional internal and external metrics of
performance agreed to by the school and the county board to measure the school's
performance and student success. The annual performance targets may be refined or
amended by mutual agreement of the county board and the school after the school has been
fully operational for one year and has collected baseline performance data;
(5) The process and criteria that the county board will use to annually monitor and evaluate
the overall performance and student success of the school, including a process to conduct
annual site visits;
(6) Any information needed by the county board from the school for the purposes of
accountability and reporting by the school on the implementation of its mission as an
Innovation in Education school;
(7) The process the county board will use to notify the school of any deficiencies and the
process by which the school may submit an improvement plan; and
(8) In the event that an Innovation in Education school's performance appears
unsatisfactory, specific provisions addressing the parameters under which the county board
may promptly notify the school in writing of perceived problems and provide reasonable
opportunity for the school to remedy the problems, or if not remedied, may intervene or
recommend to the state board that it place the school's designation on probationary status,
require a remedial action plan and potentially revoke the designation. At a minimum, these
parameters shall include the circumstances of poor fiscal management and a lack of
academic progress.

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