H. B. 3199

         (By Delegate Lawrence)

         [Introduced February 18, 2011; 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 section, designated §18-2E-11, relating to creating a pathway to proficiency for third graders though eleventh graders; setting forth legislative findings; granting the State Board of Education with rule-making authority; establishing minimum requirements for the rules; requiring the state board to develop a Second Chance Option Test for those students who do not achieve certain levels of proficiency in two content areas of the state summative assessment test; providing exceptions; requiring county boards of education to implement critical skills building plans for those students who do not increase their proficiencies by at least one level after taking the Second Option Test; requiring county boards to be provide suitable facilities for the plans and programs; preserving teacher’s judgment on student retention decisions; and preserving individualized education plans.

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-11, to read as follows:

ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-11. Pathway to proficiency for third though eleventh graders.

    (a) The Legislature finds that:

    (1) In grades three through eleven each student should master the content and skills needed for mastery at the next higher grade level and mastery of those content areas and skills is critically important for student success in both school and life;

    (2) Students who do not demonstrate grade-level mastery in reading, language arts and mathematics become increasingly less likely to succeed at each successively higher grade level and later in life;

    (3) Grades three through eleven 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 and later in life.

    (4) High-stakes testing is used to comply with federal requirements and to help inform instructional decisions. West Virginia uses the state summative assessment test to satisfy this requirement. Students are required to take the state summative assessment test at the end of each school year in grades three though eleven.

    (5) High stakes tests such as the state summative assessment test, have implications on funding and resource allocations for schools and county boards of education. Thus, there is a need to have accurate data when making high stakes decisions using the state summative assessment test. However, currently, schools, not students, are held accountable for student performance on the state summative assessment test. As a result, educators have expressed concerns about student engagement during these assessments and whether the students’ scores accurately reflect their proficiencies in the tested areas.

    (b) It is the intent of this Legislature to use present resources to provide additional tools to assist students in increasing their proficiency levels in the areas of reading and the language arts and mathematics.

    (c) 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) Those students who do not achieve the “Mastery” level in the areas of reading and the language arts and mathematics are to be given a Second Chance Option in the area or areas in which Mastery was not achieved. The test shall be administered during the first two weeks of the school year after the state summative assessment test was given.

    (2) The Second Chance Option test will be developed by the state board to test the same levels of proficiencies as in the state summative assessment test in a standardized setting. The Second Chance Option Test shall be designed to assess these proficiencies in an expedited format that is easily administered and scored;

    (3) The Second Chance Option test is to be administered at the student’s school by the student’s teacher; and

    (4) If, after taking the Second Chance Option Test, the student has not raised his or her level of proficiency in a content area by at least one level, the school is to administer a critical skills building plan that addresses the student’s academic needs at the appropriate instructional level and that also maximizes parental involvement. However, students who have either achieved the Mastery level in a content area for the previous three consecutive years or achieved a grade of “B” or higher in a content area for the prior year are not required to participate in a critical skills building plan in that content area.

    (d) County boards of education shall develop and implement the critical skills building plans required by this section. The plans may include skills building approaches such as tutoring, skills work books, in school and after school programs, and other approaches as determined solely at the discretion of the county board. County boards shall also provide suitable educational facilities, equipment and services to support critical skills instructional support programs established pursuant to this section.

    (e) This section does not prohibit the grade level retention of a student based upon the sole judgment of the teacher of the student’s mastery of the subject matter and preparation for the subject matter at the next higher grade level.

    (f) This section may be not construed to affect the individualized education plans of exceptional students.

    (g) The state board shall submit a proposed rule in accordance with this section to the Legislative Oversight Commission on Education Accountability by July 1, 2011. The rule shall provide for pilot testing and validation of the Second Option Test for implementation during the 2012-2013 school year.

    NOTE: The purpose of this bill is to create a pathway to proficiency for third graders though eleventh graders. The bill makes legislative findings. The bill grants the State Board of Education with rule-making authority and establishes minimum requirements for those rules. The bill requires the state board to develop a Second Chance Option test for those students who do not achieve certain levels in two content areas of the state summative assessment test. The bill requires county boards of education to implement critical skills building plans for those students who do not increase their proficiencies by at least one level after taking the Second Option Test. The bill provides exceptions to this requirement. The bill requires suitable facilities to be provided by county boards in implementing the instructional programs. The bill preserves a teacher’s judgment on student retention decisions and preserves individualized education plans.

    This section is new; therefore, it has been completely underscored.