COMMITTEE SUBSTITUTE
FOR
H. B. 2050
(By Delegate Kiss)(By Request)
(Originating in the Committee on Education.)
[February 20, 1995]
A BILL to amend section three, article twenty-eight, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to exempting
private, parochial and religious schools who exclusively
service special education students or students with learning
disabilities from complying with the requirements that they
administer only group tests and that achievement be above
the fortieth percentile.
Be it enacted by the Legislature of West Virginia:
That section three, article twenty-eight, chapter eighteen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
§18-28-3. Standardized testing requirements.
(a) Each private, parochial or church school or
school of a religious order or other nonpublic school electing to
operate under this statute in lieu of the approval requirements set forth as part of section one, article eight, chapter
eighteen, exemption A shall administer on an annual basis during
each school year to every child enrolled therein between the ages
of seven and sixteen years either the comprehensive test of basic
skills, the California achievement test, the Stanford achievement
test or the Iowa tests of basic skills tests of achievement and
proficiency, which test will be selected by the chief
administrative officer of each school in the subjects of English,
grammar, reading, social studies, science and mathematics; and
shall be administered under standardized conditions as set forth
by the published instructions of the selected test.; Provided,
That any private, parochial, church school, school of a religious
order or other nonpublic school that exclusively teaches special
education students or children with learning disabilities shall
not be required to comply with this subsection or subsection (d)
of this section, but shall academically assess every child
enrolled therein between the ages of seven and sixteen years on
an annual basis during each school year by one or more of the
following methods: (1) A standardized group achievement test;
(2) a standardized individual achievement test; (3) a written
narrative of an evaluation of a portfolio of samples of a child's
work; (4) an alternative academic assessment of the child's
proficiency as mutually agreed by the county superintendent,
parent(s) or legal guardian(s) and the school.
(b) Each child's testing results and the school
composite test results shall be made available to such child's parents or legal guardians. Upon request of a duly authorized
representative of the West Virginia department of education, the
school composite test results shall be furnished by the school or
by a parents organization composed of the parents or guardians of
children enrolled in said school to the state superintendent of
schools.
(c) Each school to which this article applies shall:
(a) (1) Establish curriculum objectives, the
attainment of which will enable students to develop the potential
for becoming literate citizens.
(b) (2) Provide an instructional program that will
make possible the acquisition of competencies necessary to become
a literate citizen.
(d) If such school composite test results for any
single year for English, grammar, reading, social studies,
science and mathematics fall below the fortieth percentile on the
selected tests, the school as herein described shall initiate a
remedial program to foster achievement above that level. If
after two consecutive calendar years school composite test
results are not above the fortieth percentile level, attendance
at the school may no longer satisfy the compulsory school
attendance requirement exemption of exemption K, section one,
article eight, chapter eighteen, until such time as the
percentile standards herein set forth are met.