HB2013 H ED AM #1
The Committee on Education moved to amend the bill on pages 7-9, section 1a, lines 1-47, by striking out the section in its entirety and inserting in lieu thereof the following:
§18-8-1a. Commencement and termination of compulsory school attendance; public school entrance requirements; exceptions.
(a) Notwithstanding the provisions of section one of this article, compulsory school attendance begins with the school year in which the sixth birthday is reached prior to September 1 of such year or upon enrolling in a publicly supported kindergarten program and, subject to subdivision (3) of this subsection, continues to the sixteenth birthday or for as long as the student continues to be enrolled in a school system after the sixteenth birthday.
(1) A child may be removed from such kindergarten program when the principal, teacher and parent or guardian concur that the best interest of the child would not be served by requiring further attendance: Provided, That the principal shall make the final determination with regard to compulsory school attendance in a publicly supported kindergarten program.
(2) The compulsory school attendance provision of this article shall be enforced against a person eighteen years of age or older for as long as the person continues to be enrolled in a school system and may not be enforced against the parent, guardian or custodian of the person.
(3) Notwithstanding the provisions of section one of this article, compulsory school attendance begins with the school year in which the sixth birthday is reached prior to September 1 of such year or upon enrolling in a publicly supported kindergarten program and continues to the seventeenth birthday or for as long as the student continues to be enrolled in a school system after the seventeenth birthday: Provided, That beginning in the school year 2019-2020, compulsory school attendance begins with the school year in which the sixth birthday is reached prior to July 1 of such year or upon enrolling in a publicly supported kindergarten program.
(b) A parent, as defined in §18-31-2 of this code, shall have the option, prior to enrolling in a publicly supported kindergarten program, to apply for a Hope Scholarship on behalf of his or her child as set forth in §18-31-1 et seq. of this code. Every year thereafter, a parent shall have the option to renew his or her child’s enrollment in the Hope Scholarship Program pursuant to §18-31-8 of this code.
(b) (c) Attendance at a state-approved or Montessori kindergarten, as
provided in section eighteen, article five of this chapter, is deemed school
attendance for purposes of this section. Prior to entrance into the first grade
in accordance with section five, article two of this chapter, each child must
(1) Successfully completed such publicly or privately supported, state-approved kindergarten program or Montessori kindergarten program; or
(2) Successfully completed an entrance test of basic readiness skills approved by the county in which the school is located. The test may be administered in lieu of kindergarten attendance only under extraordinary circumstances to be determined by the county board.
(c)(d) Notwithstanding the provisions of this section, section five,
article two of this chapter and section eighteen, article five of this chapter,
a county board may provide for advanced entrance or placement under policies
adopted by said board for any child who has demonstrated sufficient mental and
physical competency for such entrance or placement. (d)(e)This section does not prevent a student from another state from
enrolling in the same grade in a public school in West Virginia as the student
was enrolled at the school from which the student transferred.
On page 15, section 2, line 27, after the word “Office” by striking out the remainder of the paragraph and inserting a period.
On pages 15-17, section 3, lines 1-39, by striking out the section in its entirety and inserting in lieu thereof:
18-31-3. West Virginia Hope Scholarship Board; members; terms; compensation; proceedings generally.
(a) The West Virginia Hope Scholarship Program shall be administered by the West Virginia Hope Scholarship Board.
(b) The board shall consist of seven members and include the following:
(1) The State Treasurer;
(2) The State Auditor, or his or her designee;
(3) A representative of an organization in the state designated as a Protection and Advocacy agency, as provided in 45 CFR §1326.20; and
(4) Four other members who are parents of Hope Scholarship students, or for the initial appointments of board members following the effective date of this article, parents who intend to apply for the Hope Scholarship on behalf of eligible recipients, to be appointed as follows:
(A) One member appointed by the Treasurer and three members appointed by the Governor, with the advice and consent of the Senate;
(B) Only state residents are eligible for appointment to the board;
(C) The members shall reside in geographically diverse areas of the state, with no more than two members residing in the same county;
(D) Members shall be initially appointed to staggered terms as follows:
(i) One member appointed by the Governor to a one-year term;
(ii) One member appointed by the Governor to a two-year term;
(iii) One member appointed by the Governor to a three-year term; and
(iv) One member appointed by the Treasurer to a three-year term.
After the initial staggering of terms, appointed board members shall serve for three-year terms and are eligible for reappointment at the expiration of their terms; and
(E) If there is a vacancy among appointed members, the vacancy shall be filled by appointment to the unexpired term of a person meeting the requirements of this section by the official who appointed such member for the term vacated. Members of the board shall serve until the later of the expiration of the term for which the member was appointed or the appointment of his or her successor.
(c) Members of the board shall serve without compensation. The Treasurer may pay all reasonable and necessary expenses, including travel expenses, actually incurred by board members in the conduct of their official duties. Any expense payments shall be made from the West Virginia Hope Scholarship Program Expense Fund at the same rate paid to state employees.
(d) The Treasurer is the chairman and presiding officer of the board. The Treasurer may provide office space and staff as requested by the board.
(e) A majority of the members of the board constitutes a quorum for the transaction of the business of the board.
(f) The board shall be subject to the Open Governmental Proceedings Act set forth in §6-9A-1 et seq. of this code and the Freedom of Information Act set forth in §29B-1-1 et seq. of this code.
On page 24, section 8, lines 31-32, after the word “board” by inserting a comma and “in consultation with the West Virginia Board of Education,” and after the word “policies” by striking out “in consultation with the West Virginia Board of Education”.
On page 26, section 9, line 39, after the word “rules” by inserting a comma and after the word “necessary” by inserting a comma.
On page 29, section 11, line 21, after the word “policy”, by inserting a comma and the words “hiring policy”.