H. B. 2832
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced February 26, 2009; referred to the
Committee on Education then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18-2L-1, §18-2L-2,
§18-2L-3, §18-2L-4 and §18-2L-5, all relating generally to
critical skills evaluations for students in grades three and
eight; setting forth legislative findings; requiring the
creation of critical skills instructional support programs for
students in grades three and eight; specifying that a critical
skills instructional support program may occur after regular
school hours or outside of the instructional term of the
annual school calendar; requiring the retention of students in
grades three and eight who do not meet certain proficiency
standards; requiring the Board of Education to develop a model
for the establishment of critical skills instructional support
programs; establishing the duties and powers of the State
Superintendent of Schools; and authorizing the promulgation of legislative rules.
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 article, designated §18-2L-1, §18-2L-2,
§18-2L-3, §18-2L-4 and §18-2L-5, all to read as follows:
ARTICLE 2L. CRITICAL SKILLS EVALUATIONS AND INSTRUCTIONAL SUPPORT
PROGRAMS.
§18-2L-1. Legislative findings.
The Legislature finds that:
(1) Grades three and eight are critical transition points for
student success;
(2) Students at these grade levels who do not demonstrate
grade-level proficiency in reading, language arts and mathematics
are less likely to succeed at higher grade levels;
(3) It is in the public interest to provide for the
establishment of mandatory after-school or summer school programs
designed to provide additional instruction and support to students
in grades three and eight who do not demonstrate grade-level
proficiency in reading, language arts and mathematics;
(4) Students in grades three and eight who do not demonstrate
grade-level proficiency in reading, language arts and mathematics
after enrolling in and completing a mandatory after-school or
summer school program should not be promoted to the next grade level; and
(5) The State Board of Education, the State Superintendent of
Schools and county boards of education should cooperate to form and
establish critical skills instructional support programs.
§18-2L-2. Proficiency standards for students in grades three and
eight; critical skills evaluations.
(a) The state board shall adopt, by rule, reading, language
arts and mathematics proficiency standards for students in grades
three and eight. Each public school student in grades three and
eight shall be required to meet the proficiency standards
established by the state board to be eligible for promotion to the
next grade level.
(b) To assist schools in evaluating students' proficiency
levels, the state board shall promulgate rules providing for
critical skills evaluations. The rules shall provide for the
evaluation of each public school student in grades three and eight
to determine whether the student meets the proficiency standards
established by the state board.
(c) Students who meet the proficiency standards established by
the state board may be promoted to the next grade level.
(d) Students who do not meet the proficiency standards
established by the state board shall be required to enroll in a
critical skills instructional support program established in
accordance with this article. A student who enrolls in a critical skills instructional support program may be promoted to the next
grade level: Provided, That the student successfully completes the
program by meeting the proficiency standards established by the
state board.
(e) A student in grade three or eight who does not meet the
proficiency standards established by the board and who does not
successfully complete a critical skills instructional support
program may not be promoted to the next grade level.
(f) The state board shall adopt placement standards for public
school students retained pursuant to this section that may provide
for the placement of such students in a classroom or with a teacher
or teachers that differs from the student's previous school year
placement.
(g) Nothing in this article shall be interpreted as requiring
a student's promotion to the next grade level.
§18-2L-3. Critical skills instructional support programs.
(a) The state board shall provide for the establishment of
mandatory critical skills instructional support programs for public
school students in grades three and eight who do not meet the
proficiency standards established by the state board.
(b) Critical skills instructional support programs shall be
designed to provide additional instruction, after regular school
hours or outside of the instructional term of the annual school
calendar, for students in grades three and eight who do not meet the proficiency standards established by the state board under
section two of this article.
(c) The state board shall adopt a basic model and curriculum
for critical skills instructional support programs. County boards
shall establish critical skills instructional support programs in
accordance with the basic model and curriculum adopted by the state
board. County boards shall seek to maximize parental involvement
in the establishment of critical skills instructional support
programs.
(d) County boards shall provide suitable educational
facilities, equipment and services to support critical skills
instructional support programs established pursuant to this
section.
§18-2L-4. Powers and duties of the State Superintendent of
Schools.
(a) In addition to other powers and authority of the State
Superintendent of Schools as provided in this code, he or she shall
be responsible for:
(1) Encouraging and assisting county boards in establishing
and operating critical skills instructional support programs;
(2) Preparing the necessary rules, policies, reporting forms
and procedures necessary to establish and to define educational and
curriculum standards for critical skills instructional support
programs;
(3) Creating a formula for the distribution of available
appropriated moneys to county boards for the support of critical
skills instructional support programs;
(4) Ensuring the employment of qualified teachers and support
personnel to provide instruction to students enrolled in critical
skills instructional support programs;
(5) Receiving from county boards such applications and annual
reports as may be required by rule of the state board;
(6) Receiving claims for reimbursement from county boards for
moneys that may be appropriated by the Legislature for the
establishment and operation of critical skills instructional
support programs;
(7) Auditing claims for reimbursement from county boards and
preparing vouchers to reimburse county boards for the amounts
reimbursable to them;
(8) Ensuring that students in grades three and eight who do
not meet the proficiency standards established by the state board
in accordance with section two of this article are enrolled in
critical skills instructional support programs; and
(9) Maximizing parental involvement in the establishment and
creation of critical skills instructional support programs.
(b) The State Superintendent shall have the authority to
exercise any additional powers afforded him or her under this code
and to perform any additional duties necessary to administer the programs created pursuant to this article.
§18-2L-5. Legislative rulemaking authority.
The state board shall, in accordance with the provisions of
article three-b, chapter twenty-nine-a of this code, promulgate
legislative rules, including emergency rules, as necessary to
effectuate the provisions of this article.
NOTE: The purpose of this bill is to authorize the State Board
of Education to adopt reading, language arts and mathematics
proficiency standards for students in grades three and eight, to
create critical skills instructional support programs for students
who do not meet proficiency standards established by the state
board, and to provide for the retention of students who do not meet
the proficiency standards established by the state board and who do
not successfully complete a critical skills instructional support
program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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