WEST virginia Legislature
2016 regular session
Senate Bill 406
By Senators Boso, Boley, Gaunch, Karnes, Leonhardt And Sypolt
[Introduced January 27, 2016;
Referred to the Committee on Education.]
A BILL to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-8-1a of said code, all relating generally to compulsory school attendance and early childhood education programs; changing age date of attending school and early childhood education programs from September 1 to July 1; and eliminating legislative findings portion of section relating to early childhood programs.
Be it enacted by the Legislature of West Virginia:
That §18-5-44 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-8-1a of said code be amended and reenacted, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-44. Early childhood education programs.
(a) For the purposes of
this section, Aearly childhood
education@ means programs for children who have attained the age
of four prior to
September 1 July
1 of the school year in which the pupil enters the
program created in this section. (b) Findings. B (1) Among other positive
outcomes, early childhood education programs have been determined to: (A) Improve overall
readiness when children enter school; (B) Decrease behavioral
problems; (C) Improve student
attendance; (D) Increase scores on
achievement tests; (E) Decrease the
percentage of students repeating a grade; and (F) Decrease the number
of students placed in special education programs; (2) Quality early
childhood education programs improve school performance and low-quality early
childhood education programs may have negative effects, especially for at-risk
children; (3) West Virginia has
the lowest percentage of its adult population twenty-five years of age or older
with a bachelor = s degree and
the education level of parents is a strong indicator of how their children will
perform in school; (4) During the 2006-2007
school year, West Virginia ranked thirty-ninth among the fifty states in the
percentage of school children eligible for free and reduced lunches and this
percentage is a strong indicator of how the children will perform in school; (5) For the school year
2008-2009, 13,135 students were enrolled in prekindergarten, a number equal to
approximately sixty-three percent of the number of students enrolled in
kindergarten; (6) Excluding projected
increases due to increases in enrollment in the early childhood education
program, projections indicate that total student enrollment in West Virginia
will decline by one percent, or by approximately 2704 students, by the school
year 2012-2013; (7) In part, because of
the dynamics of the state aid formula, county boards will continue to enroll
four-year old students to offset the declining enrollments; (8) West Virginia has a
comprehensive kindergarten program for five-year olds, but the program was
established in a manner that resulted in unequal implementation among the
counties which helped create deficit financial situations for several county
boards; (9) Expansion of current
efforts to implement a comprehensive early childhood education program should
avoid the problems encountered in kindergarten implementation; (10) Because of the
dynamics of the state aid formula, counties experiencing growth are at a
disadvantage in implementing comprehensive early childhood education programs;
and (11) West Virginia
citizens will benefit from the establishment of quality comprehensive early
childhood education programs. (c) (b) Beginning no later than the school year
2012-2013, and continuing thereafter, county boards shall provide early
childhood education programs for all children who have attained the age of four
prior to September 1 July 1 of the school year in which the pupil enters the early
childhood education program. Beginning no later than the school year 2016-2017,
and continuing thereafter, early childhood education programs that are full day
and five days per week shall be available to all children meeting the age
requirement set forth in the subsection. (d) (c) The program shall meet the following
(1) It shall be voluntary, except, upon enrollment, the provisions of section one, article eight of this chapter apply to an enrolled student, subject to subdivision (3) of this subsection;
(2) All children meeting the age requirement set forth in this section shall have the opportunity to enroll in a program that is full day and five days per week. The program may be for fewer than five days per week and may be less than full day based on family need if a sufficient number of families request such programs and the county board finds that such programs are in the best interest of the requesting families and students: Provided, That the ability of families to request programs that are fewer than five days a week or less than a full day does not relieve the county of the obligation to provide all resident children with the opportunity to enroll in a full-day program; and
(3) A parent of a child enrolled in an early education program may withdraw a child from that program for good cause by notifying the district. Good cause includes, but is not limited to, enrollment of the child in another program or the immaturity of the child. A child withdrawn under this section is not subject to the attendance provisions of this chapter until that child again enrolls in a public school in this state.
(e) (d) Enrollment of students in Head Start, in
any other program approved by the State Superintendent as provided in
subsection (k) (j) of this section may be counted toward satisfying
the requirement of subsection (c) (b) of this section. (f) (e) For the purposes of implementation
financing, all counties are encouraged to make use of funds from existing
(1) Federal funds provided under the Elementary and Secondary Education Act pursuant to 20 U. S. C. §6301, et seq.;
(2) Federal funds provided for Head Start pursuant to 42 U. S. C. §9831, et seq.;
(3) Federal funds for temporary assistance to needy families pursuant to 42 U. S. C. §601, et seq.;
(4) Funds provided by the School Building Authority pursuant to article nine-d of this chapter;
(5) In the case of counties with declining enrollments, funds from the state aid formula above the amount indicated for the number of students actually enrolled in any school year; and
(6) Any other public or private funds.
(g) (f) Each county board shall develop a plan
for implementing the program required by this section. The plan shall include
the following elements:
(1) An analysis of the demographics of the county related to early childhood education program implementation;
(2) An analysis of facility and personnel needs;
(3) Financial requirements for implementation and potential sources of funding to assist implementation;
(4) Details of how the county board will cooperate and collaborate with other early childhood education programs including, but not limited to, Head Start, to maximize federal and other sources of revenue;
(5) Specific time lines for implementation; and
(6) Any other items the state board may require by policy.
(h) (g) A county board shall submit its plan to
the Secretary of the Department of Health and Human Resources. The secretary
shall approve the plan if the following conditions are met:
(1) The county board has maximized the use of federal and other available funds for early childhood programs;
(2) The county board has
provided for the maximum implementation of Head Start programs and other public
and private programs approved by the State Superintendent pursuant to the terms
(k) (j) of this section; and
(3) If the Secretary of the Department of Health and Human Resources finds that the county board has not met one or more of the requirements of this subsection, but that the county board has acted in good faith and the failure to comply was not the primary fault of the county board, then the secretary shall approve the plan. Any denial by the secretary may be appealed to the circuit court of the county in which the county board is located.
(i) (h) The county board shall submit its plan for
approval to the state board. The state board shall approve the plan if the
county board has complied substantially with the requirements of subsection (g)
(f) of this section and has obtained the approval required in subsection
(h) (g) of this section. (j) (i) Every county board shall submit its plan
for reapproval by the Secretary of the Department of Health and Human Resources
and by the state board at least every two years after the initial approval of
the plan and until full implementation of the early childhood education program
in the county. As part of the submission, the county board shall provide a
detailed statement of the progress made in implementing its plan. The standards
and procedures provided for the original approval of the plan apply to any
reapproval. (k) (j) A county board may not increase the total
number of students enrolled in the county in an early childhood program until
its program is approved by the Secretary of the Department of Health and Human
Resources and the state board. (l) (k) The state board annually may grant a
county board a waiver for total or partial implementation if the state board
finds that all of the following conditions exist:
(1) The county board is unable to comply either because:
(A) It does not have sufficient facilities available; or
(B) It does not and has not had available funds sufficient to implement the program;
(2) The county has not experienced a decline in enrollment at least equal to the total number of students to be enrolled; and
(3) Other agencies of government have not made sufficient funds or facilities available to assist in implementation.
Any county board seeking a waiver shall apply with the supporting data to meet the criteria for which they are eligible on or before March 25 for the following school year. The State Superintendent shall grant or deny the requested waiver on or before April 15 of that same year.
(m) (l) The provisions of subsections (b), (c) and
(d), section eighteen of this article relating to kindergarten apply to early
childhood education programs in the same manner in which they apply to
kindergarten programs. (n) (m) Annually, the state board shall report to
the Legislative Oversight Commission on Education Accountability on the
progress of implementation of this section. (o) (n) Except as required by federal law or
regulation, no county board may enroll students who will be less than four
years of age prior to September July 1 for the year they enter
school. (p) (o) Neither the state board nor the state
department may provide any funds to any county board for the purpose of implementing
this section unless the county board has a plan approved pursuant to
subsections (h), (i) and (j) (g), (h) and (i) of this section. (q) (p) The state board shall promulgate a rule in
accordance with the provisions of article three-b, chapter twenty-nine-a of
this code for the purposes of implementing the provisions of this section. The
state board shall consult with the Secretary of the Department of Health and
Human Resources in the preparation of the rule. The rule shall contain the
(1) Standards for curriculum;
(2) Standards for preparing students;
(3) Attendance requirements;
(4) Standards for personnel; and
(5) Any other terms necessary to implement the provisions of this section.
(r) (q) The rule shall include the following
elements relating to curriculum standards:
(1) A requirement that the curriculum be designed to address the developmental needs of four-year old children, consistent with prevailing research on how children learn;
(2) A requirement that the curriculum be designed to achieve long-range goals for the social, emotional, physical and academic development of young children;
(3) A method for including a broad range of content that is relevant, engaging and meaningful to young children;
(4) A requirement that the curriculum incorporate a wide variety of learning experiences, materials and equipment, and instructional strategies to respond to differences in prior experience, maturation rates and learning styles that young children bring to the classroom;
(5) A requirement that the curriculum be designed to build on what children already know in order to consolidate their learning and foster their acquisition of new concepts and skills;
(6) A requirement that the curriculum meet the recognized standards of the relevant subject matter disciplines;
(7) A requirement that the curriculum engage children actively in the learning process and provide them with opportunities to make meaningful choices;
(8) A requirement that the curriculum emphasize the development of thinking, reasoning, decisionmaking and problem-solving skills;
(9) A set of clear guidelines for communicating with parents and involving them in decisions about the instructional needs of their children; and
(10) A systematic plan for evaluating program success in meeting the needs of young children and for helping them to be ready to succeed in school.
(s) (r) The secretary and the State Superintendent
shall submit a report to the Legislative Oversight Commission on Education
Accountability and the Joint Committee on Government and Finance which
addresses, at a minimum, the following issues:
(1) A summary of the approved county plans for providing the early childhood education programs pursuant to this section;
(2) An analysis of the total cost to the state and county boards of implementing the plans;
(3) A separate analysis of the impact of the plans on counties with increasing enrollment; and
(4) An analysis of the effect of the programs on the maximization of the use of federal funds for early childhood programs.
The intent of this subsection is to enable the Legislature to proceed in a fiscally responsible manner, make any necessary program improvements based on reported information prior to implementation of the early childhood education programs.
(t) (s) After the school year 2012-2013, on or
before July 1 of each year, each county board shall report the following
information to the Secretary of the Department of Health and Human Resources
and the State Superintendent:
(1) Documentation indicating the extent to which county boards are maximizing resources by using the existing capacity of community-based programs, including, but not limited to, Head Start and child care; and
(2) For those county boards that are including eligible children attending approved, contracted community-based programs in their net enrollment for the purposes of calculating state aid pursuant to article nine-a of this chapter, documentation that the county board is equitably distributing funding for all children regardless of setting.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§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
1 July 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) Beginning with the
2011-2012 high school freshman cohort class of students, and 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
1 July 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
(b) 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 have either:
(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) Notwithstanding the provisions of this section and of 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) 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.
NOTE: The purpose of this bill is to .change the age date of attending school and early childhood education programs from September I to July 1. The bill eliminates the legislative findings portion of the section relating to early childhood programs.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.