H. B. 2299
(By Delegates Overington, Harrison, Louisos,
Walters, Warner, Henderson and Tribett)
[Introduced February 26, 1993; referred to the
Committee on Education then Finance.]
A BILL to amend article nine, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine, relating to creating a parental choice program
relating to pupils in grades kindergarten through twelve
attending private schools; and requiring the state
superintendent paying the private schools' tuition rate.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 9. SCHOOL FINANCES.
§18-9-9. Parental choice program.
(a) Subject to the provisions of subsection (b) of this
section, beginning in the one thousand nine hundred ninety-three-
-ninety-four school year, any pupil in grades kindergarten
through twelve may attend, at no charge, any private schoollocated in the state if all of the following apply:
(1) The pupil is a resident of the state of West Virginia
and a member of a family that has a total family income that does
not exceed an amount equal to one and one-half times the poverty
level determined in accordance with criteria established by the
director of the federal office of management and budget.
(2) In the previous two school years, the pupil was enrolled
in a public school operating in this state or was not enrolled in
school.
(3) The private school notified the state superintendent of
its intent to participate in the program under this section by
the thirtieth day of April.
(4) The private school in regards to this program does not
discriminate with regard to race, creed or national origin.
(5) The private school meets all health and safety
requirements that apply to public schools.
(b)(1) No more than five percent of the county school
district's membership may attend private schools under paragraph
(a) in any school year, but in no event shall the statewide
number of pupils subject to this program exceed one thousand in
any school year.
(2) No more than twenty-five percent of a private school's
enrollment may consist of pupils attending the private school
under this section.
(3) The pupil or the pupil's parent or guardian shall submit
an application, on a form provided by the state superintendent,to the participating private school that the pupil wishes to
attend by the thirtieth day of April of the school year
immediately preceding the school year in which he or she wishes
to enroll. Within ten days after receiving notification from the
state superintendent of schools that the pupils are approved, the
private school shall notify the applicant, in writing.
(4) Upon receipt from the pupil's parent or guardian of
proof of the pupil's enrollment in the private school, the state
superintendent shall pay to the parent or guardian the lesser of
two thousand five hundred dollars or the private schools
published tuition rate plus books and instructional materials:
Provided, That the private school shall furnish the
superintendent written verification that the pupil is enrolled in
the private school and the parent or guardian shall furnish the
superintendent a written receipt that the tuition was paid to the
private school. From the total amount to which the county school
district is entitled for its public school enrollment plus any
county pupils participating in the program under the school aid
formula, the state superintendent shall pay twenty-five percent
of the lesser of twenty-five hundred or the private schools
published tuition rate plus books and instructional materials in
September, twenty-five percent in November, twenty-five percent
in February and twenty-five percent in May.
(5) The state superintendent shall:
(i) Ensure that aid paid to other county school districts is
not reduced as a result of the payments under subdivision (4).
(ii) Ensure that pupils and parents and guardians of pupils
who reside in the state are informed annually of the private
schools participating in the program under this section.
(iii) Annually submit to the clerk of each house of the
Legislature for distribution to the appropriate standing
committees, and to each private school participating in the
program under this section, a report comparing the academic
achievement, daily attendance record, percentage of dropouts,
percentage of pupils suspended and expelled and parental
involvement activities of pupils attending a private school under
this section and pupils enrolled in the school district operating
under this chapter.
(6) The board shall provide transportation within the county
in which the school is located or reasonable payments in lieu of
transportation within the county in which the school is located
to pupils attending a private school under this section.
(7)(A) Each private school participating in the program
under this section shall meet the following standards when
compared to comparable pupils in the public schools:
(i) At least eighty percent of the pupils in the program
advance one grade level each year.
(ii) The private school's average attendance rate for the
pupils in the program is at least ninety-five percent excluding
excused medical absences.
(iii) At least eighty percent of the pupils in the program
demonstrate significant academic progress.
(iv) At least eighty percent of the families of pupils in
the program meet parent involvement criteria established by the
private school.
(B) The private school shall monitor the performance of the
pupils attending private schools under this section and report
the performance of pupils participating in the program to the
state superintendent. If the state superintendent determines in
any school year that the private school is not meeting all the
standards under paragraph A of this subdivision, that private
school may not participate in the program under this section in
the following school year.
(8) There is created a pupil assignment council composed of
one representative from each private school requesting
participation in the program under this section. Annually by the
thirtieth day of April, the council shall make recommendations to
the participating private schools to achieve, to the extent
possible, a balanced representation of pupils participating in
the program under this section.
(9) The state superintendent may conduct one or more
financial or performance evaluation audits, or both, of the
programs under this section.
NOTE: The purpose of this bill is to create a parental
choice program that permits pupils in grades kindergarten through
twelve to attend, at no charge, any private school in the state.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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