H. B. 107
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced May 31, 2009; referred to the
Committee on Education.]
A BILL
to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-2E-10, relating
to critical skills instructional support programs for students
in grades three and eight; setting forth legislative findings;
providing for the promulgation of rules; establishing minimum
provisions of rules; providing condition for promotion for
certain students under certain circumstances; precluding
county from charging tuition for program; requiring suitable
facilities by county boards; preserving ability to retain
students; preserving individualized education plans from
effect of section; providing for county board preparation;
providing that implementation is contingent upon funding; and
requiring reports by state Board of Education.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-2E-10, to read as
follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-10. Critical skills instructional support programs for
third and eighth graders.
(a) The Legislature finds that:
(1) In the early childhood through intermediate grade levels,
ensuring that each student masters the content and skills needed
for mastery at the next grade level is critically important for
student success;
(2) Students who do not demonstrate grade-level mastery in
reading, language arts and mathematics become increasingly less
likely to succeed at each successive grade level;
(3) State board policy requires every school to establish a
student assistance team that reviews student academic needs that
have persisted despite being addressed by instruction and
intervention and requires every school to implement, in an
equitable manner, programs during and after the instructional day
at the appropriate instructional levels that contribute to the
success of students; and
(4) Grades three and eight are critical transition points for
additional intervention strategies that reinforce the preparation
of students who are not prepared fully for success at the next
grade level.
(b) The state board shall, in accordance with the provisions
of article three-b, chapter twenty-nine-a of this code, promulgate
legislative rules as necessary to effectuate the provisions of this
section. The rules shall provide for at least the following:
(1) Encouraging and assisting county boards in establishing
and operating critical skills instructional support programs during
and after the instructional day and during the summer for students
in grades three and eight who in the judgment of the student
assistance team or the student'
s classroom teacher are not
mastering the content and skills in reading, language arts and
mathematics adequately for success at the next grade level and who
are recommended by the student assistance team or the student's
classroom teacher for additional academic help through the
programs;
(2) Maximizing parental involvement in supporting the critical
skills development of their children in reading, language arts and
mathematics through critical skills instructional support programs;
(3) Ensuring the employment of qualified teachers and service
personnel in accordance with the provisions of section thirty-nine,
article five of this chapter and section seven-c, article four,
chapter eighteen-a of this code to provide instruction to students
enrolled in critical skills instructional support programs;
(4) Creating a formula or grant-based program for the
distribution of funds appropriated specifically for the purposes of this section or otherwise available for the support of in-school,
after-school and summer critical skills instructional support
programs;
(5) Providing transportation and healthy foods for students
required to attend after-school and summer critical skills
instructional support programs and supervision at the school that
accommodates the typical work schedules of parents; and
(6) Receiving from county boards any applications and annual
reports required by rule of the state board.
(c) A student in grades three or eight who is recommended by
the student assistance team or the student's classroom teacher for
additional academic help in one or more of the subjects of reading,
language arts and mathematics through a critical skills
instructional support program may be required to attend a summer
critical skills instructional support program as a condition for
promotion if:
(1) The student has been provided additional academic help
through an in-school or after-school critical skills instructional
support program and, prior to the end of the school year, the
student assistance team or the student's classroom teacher
recommends that further additional academic help is needed for the
student to be successful at the next grade level; and
(2) The county board has established a critical skills
instructional support program during the summer months for the student's grade level.
(d) County boards shall provide suitable educational
facilities, equipment and services to support critical skills
instructional support programs established pursuant to this
section. Summer programs may be provided at a central location for
third and eighth graders who qualify for the program.
(e) This section may not be construed to prohibit a classroom
teacher from recommending the grade level retention of a student
based upon the student's lack of mastery of the subject matter and
preparation for the subject matter at the next grade level.
(f) This section may not be construed to affect the
individualized education plans of exceptional students.
(g) This section may not be construed to limit the authority
of the county board to establish a summer school program in
accordance with section thirty-nine, article five of this chapter.
County boards may not charge tuition for enrollment in critical
skills instructional support programs established pursuant to this
section.
(h) Each county board shall prepare to implement the
provisions of this section and the provisions of the state board
rule required by subsection (b) of this section. The preparations
shall at least include planning, ensuring the student assistance
teams are established as currently required by state board policy
and performing a needs assessment.
(i) The state board shall provide a report describing the
proposed implementation of the critical skills instructional
support program to be instituted for the summer of 2010 to the
Legislative Oversight Commission on Education Accountability on or
before May 1, 2010.
(j) The state board shall provide a comprehensive report
regarding the status of the critical skills instructional support
program to the Legislative Oversight Commission on Education
Accountability, the
Joint Committee on Government and Finance, and
the Governor on November 1, 2010, and annually on November 1 on
each year thereafter. The report shall address, at a minimum, the
progress of the program throughout the state, its effect on student
achievement and the sources of the funding both available to and
used by the program.
(k) The provisions of this section shall be subject to the
availability of funds from legislative appropriation or other
sources. If a county board determines that adequate funds are not
available for full implementation of a critical skills
instructional support program in the county, the county board may
implement its program in phases by first establishing a critical
skills instructional support program in the third grade and then
establishing a critical skills instructional support program for
the eighth grade once the county board determines that adequate
funds are available.
NOTE: The purpose of this bill is to create critical skills
instructional support programs for students in grades three and
eight who need additional academic help in the subjects of reading,
language arts and mathematics.
This section is new; therefore, strike-throughs and
underscoring have been omitted.