H. B. 2843
(By Delegates Henderson, Hall, Gillespie, Williams, Webb and Spencer)
[Introduced March 28, 1997; referred to the
Committee on Education.]
A BILL to amend and reenact section one, article eight, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to compulsory
school attendance; commencement and termination; exemptions;
and allowing home schooled students to participate in
extracurricular and interscholastic activities.
Be it enacted by the Legislature of West Virginia:
That section one, article 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:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-1. Commencement and termination of compulsory school
attendance; exemptions.
Compulsory school attendance
shall begin begins with the school year in which the sixth birthday is reached prior to the
first day of September of such year or upon enrolling in a
publicly supported kindergarten program and continue to the
sixteenth birthday.
Exemption from the foregoing requirements of compulsory
public school attendance shall be made on behalf of any child for
the following causes or conditions, each such cause or condition
being subject to confirmation by the attendance authority of the
county:
Exemption A. Instruction in a private, parochial or other
approved school. --
Such This instruction shall be in a school
approved by the county board of education and for a time equal to
the school term of the county for the year. In all such schools
it
shall be is the duty of the principal or other person in
control, upon the request of the county superintendent of
schools, to furnish to the county board of education such
information and records as may be required with respect to
attendance, instruction and progress of pupils enrolled between
the entrance age and sixteen years;
(a) Exemption B. Instruction in home or other approved
place. --
(a) Such This instruction shall be in the home of
such
child or children the child or at some other place approved by
the county board of education and for a time equal to the school term of the county. If
such a request for home instruction is
denied by the county board of education, good and reasonable
justification for
such denial must denial shall be furnished in
writing to the applicant by the county board of education. The
instruction in such cases shall be conducted by a person or
persons who, in the judgment of the county superintendent and
county board of education, are qualified to give instruction in
subjects required to be taught in the free elementary schools of
the state. It
shall be is the duty of the person or persons
providing the instruction, upon request of the county
superintendent, to furnish to the county board of education such
information and records as may be required from time to time with
respect to attendance, instruction and progress of pupils
enrolled between the entrance age and sixteen years receiving
such the instruction. The state department of education shall
develop guidelines for the home schooling of special education
students including alternative assessment measures to assure that
satisfactory academic progress is achieved.
(b) Notwithstanding the provisions of subsection (a) of this
Exemption B, the person or persons providing home instruction
meet the requirements for Exemption B when the conditions of this
subsection are met:
Provided, That the county superintendent
shall have has the right to seek from the circuit court of the
county an order denying the home instruction, which order may be granted upon a showing of clear and convincing evidence that the
child will suffer educational neglect or that there are other
compelling reasons to deny home instruction.
(1) The person or persons providing home instruction present
to the county superintendent or county board of education a
notice of intent to provide home instruction and the name and
address of any child of compulsory school age to be instructed:
Provided, That if a child is enrolled in a public school, notice
of intent to provide home instruction shall be given at least two
weeks prior to withdrawing
such the child from public school;
(2) The person or persons providing home instruction submit
satisfactory evidence of: (i) A high school diploma or
equivalent; and (ii) formal education at least four years higher
than the most academically advanced child for whom the
instruction will be provided;
(3) The person or persons providing home instruction outline
a plan of instruction for the ensuing school year; and
(4) The person or persons providing home instruction shall
annually obtain an academic assessment of the child for the
previous school year. This shall be satisfied in one of the
following ways:
(i) Any child receiving home instruction annually takes a
standardized test, to be administered at a public school in the
county where the child resides, or administered by a licensed psychologist or other person authorized by the publisher of the
test, or administered by a person authorized by the county
superintendent or county board of education. The child shall be
administered a test which has been normed by the test publisher
on that child's age or grade group. In no event may the child's
parent or legal guardian administer the test. Where a test is
administered outside of a public school, the child's parent or
legal guardian shall pay the cost of administering the test. The
public school or other qualified person shall administer to
children of compulsory school age the Comprehensive Test of Basic
Skills, the California Achievement Test, the Stanford Achievement
Test, or the Iowa Tests of Basic Skills, achievement and
proficiency, or an individual standardized achievement test that
is nationally normed and provides statistical results which test
will be selected by the public school, or other person
administering the test, in the subjects of language, reading,
social studies, science and mathematics; and shall be
administered under standardized conditions as set forth by the
published instructions of the selected test. No test
shall may
be administered if the publication date is more than ten years
from the date of the administration of the test. Each child's
test results shall be reported as a national percentile for each
of the five subjects tested. Each child's test results shall be
made available on or before the thirtieth day of June of the school year in which the test is to be administered to the person
or persons providing home instruction, the child's parent or
legal guardian and the county superintendent. Upon request of a
duly authorized representative of the West Virginia department of
education, each child's test results shall be furnished by the
person or persons providing home instruction, or by the child's
parent or legal guardian, to the state superintendent of schools.
Upon notification of the mean of the child's test results for any
single year has fallen below the fortieth percentile, the county
board of education shall notify the parents or legal guardian of
said the child, in writing, of the services available to assist
in the assessment of the child's eligibility for special
education services:
Provided, That the identification of a
disability
shall may not preclude the continuation of home
schooling.
If the mean of the child's test results for any single year
for language, reading, social studies, science and mathematics
fall below the fortieth percentile on the selected tests, then
the person or persons providing home instruction shall initiate
a remedial program to foster achievement above that level and the
student shall show improvement. If, after two calendar years,
the mean of the child's test results fall below the fortieth
percentile level, home instruction shall no longer satisfy the
compulsory school attendance requirement exemption; or
(ii) The county superintendent is provided with a written
narrative indicating that a portfolio of samples of the child's
work has been reviewed and that the child's academic progress for
the year is in accordance with the child's abilities. This
narrative shall be prepared by a certified teacher or other
person mutually agreed upon by the parent or legal guardian and
the county superintendent. It shall be submitted on or before
the thirtieth day of June of the school year covered by the
portfolio. The parent or legal guardian
shall be is responsible
for payment of fees charged for the narrative; or
(iii) Evidence of an alternative academic assessment of the
child's proficiency mutually agreed upon by the parent or legal
guardian and the county superintendent is submitted to the county
superintendent by the thirtieth day of June of the school year
being assessed. The parent or legal guardian
shall be is
responsible for payment of fees charged for the assessment.
The superintendent or a designee shall offer such
assistance, including textbooks, other teaching materials and
available resources, as may assist the person or persons
providing home instruction subject to their availability. Any
child receiving home instruction may, upon approval of the county
board of education, exercise the option to attend any class
offered by the county board of education as the person or persons
providing home instruction may deem appropriate subject to normal registration and attendance requirements;
(c) (1) As used in this subsection:
(A) "Home schooled student" is a child taught in accordance
with the provisions of this Exemption B; and
(B) "Extracurricular or interscholastic activity" includes,
but is not limited to, academics, athletics, art, music, speech
and other related activities.
(2) A home schooled student may not be denied participation
by a school district in any extracurricular or interscholastic
activity, if the student meets the following conditions:
(A) The student's home schooling program is in compliance
with all applicable provisions of this Exemption B and the
student provides the school administration with acceptable
documentation of compliance;
(B) The student meets all the school district eligibility
requirements with the exception of:
(i) The school district's school or class attendance
requirements; and
(ii) The class enrollment requirements of the West Virginia
secondary schools activities commission and any other association
which organizes and controls extracurricular or interscholastic
activities; and
(C) The home instructor certifies that the student is making
academic progress in a manner consistent with the academic eligibility standards for students in the public school. If the
principal of the school for which the home schooled student is
participating has a reasonable belief that the academic progress
is in doubt, the home instructor shall supply evidence of
academic achievement, testing or other evidence of academic
progress acceptable to the principal in order to maintain
academic eligibility.
(3) Any public school student who has been unable to
maintain academic eligibility is ineligible to participate in an
extracurricular or interscholastic activity as a home schooled
student for the duration of the school year in which the student
becomes academically ineligible. To establish academic
eligibility for subsequent school years, the student shall be
academically assessed and meet the achievement standards as
required by subsection (a) or (b) of this Exemption B, prior to
the commencement of the next school year.
(4) A home schooled student is required to fulfill the same
responsibilities and standards of behavior and performance,
including related practice requirements, of other students
participating in the extracurricular or interscholastic activity
and is required to meet the same standards for acceptance for the
activity. The home schooled student shall also comply with all
public school requirements during any participation.
(5) A home schooled student shall reside in the attendance boundaries of the school for which he or she is participating in
an extracurricular or interscholastic activity.
Exemption C. Physical or mental incapacity. -- Physical or
mental incapacity
shall consist consists of incapacity for school
attendance and the performance of school work. In all cases of
prolonged absence from school due to incapacity of the child to
attend, the written statement of a licensed physician or
authorized school nurse
shall be is required under the provisions
of this article:
Provided, That in all cases incapacity shall be
narrowly defined and in no case
shall may the provisions of this
article allow for the exclusion of the mentally, physically,
emotionally or behaviorally handicapped child otherwise entitled
to a free appropriate education;
Exemption D. Residence more than two miles from school or
school bus route. -- The distance of residence from a school, or
school bus route providing free transportation, shall be reckoned
by the shortest practicable road or path, which contemplates
travel through fields by right of permission from the landholders
or their agents. It
shall be is the duty of the county board of
education, subject to written consent of landholders, or their
agents, to provide and maintain safe foot bridges across streams
off the public highways where such are required for the safety
and welfare of pupils whose mode of travel from home to school or to school bus route must necessarily be other than along the
public highway in order for
said the road or path to be not over
two miles from home to school or to school bus providing free
transportation;
Exemption E. Hazardous conditions. -- Conditions rendering
school attendance impossible or hazardous to the life, health or
safety of the child;
Exemption F. High school graduation. --
Such exemption
shall consist This exemption consists of regular graduation from
a standard senior high school;
Exemption G. Granting work permits. -- The county
superintendent may, after due investigation, grant work permits
to youths under sixteen years of age, subject to state and
federal labor laws and regulations:
Provided, That a work permit
may not be granted on behalf of any youth who has not completed
the eighth grade of school;
Exemption H. Serious illness or death in the immediate
family of the pupil. -- It is expected that the county attendance
director will ascertain the facts in all cases of such absences
about which information is inadequate and report
same the facts
to the county superintendent of schools;
Exemption I. Destitution in the home. -- Exemption based on
a condition of extreme destitution in the home may be granted only upon the written recommendation of the county attendance
director to the county superintendent following careful
investigation of the case. A copy of the report confirming
such
the condition and school exemption shall be placed with the
county director of public assistance. This enactment
contemplates every reasonable effort that may properly be taken
on the part of both school and public assistance authorities for
the relief of home conditions officially recognized as being so
destitute as to deprive children of the privilege of school
attendance. Exemption for this cause
shall not be is not allowed
when
such destitution is relieved through public or private
means;
Exemption J. Church ordinances; observances of regular
church ordinances. -- The county board of education may approve
exemption for religious instruction upon written request of the
person having legal or actual charge of a child or children:
Provided, That
such exemption shall be this exemption is subject
to the rules prescribed by the county superintendent and approved
by the county board of education;
Exemption K. Alternative private, parochial, church or
religious school instruction. -- In lieu of the provisions of
Exemption A hereinabove, exemption shall be made for any child
attending any private school, parochial school, church school, school operated by a religious order, or other nonpublic school
which elects to comply with the provisions of article
twenty-eight, chapter eighteen of the code of West Virginia.
The completion of the eighth grade
shall does not exempt any
child under sixteen years of age from the compulsory attendance
provision of this article:
Provided, That there is a public high
school or other public school of advanced grades or a school bus
providing free transportation to any such school, the route of
which is within two miles of the child's home by the shortest
practicable route or path as hereinbefore specified under
Exemption D of this section.
NOTE: The purpose of this bill is to allow home schooled
students to participate in public school extracurricular and
interscholastic activities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.