ENROLLED
H. B. 2855
(By Delegates Williams, Stemple, Houston, Willis, Stalnaker,
Armstead and Harrison)
[Passed March 13, 1999; in effect July 1, 1999.]
AN ACT to amend and reenact section six, article two, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend article two-e of
said chapter by adding thereto four new sections, designated
sections eight-a, eight-b, eight-c and eight-d; and to amend
and reenact section one-e, article one, chapter eighteen-b
of said code, all relating to voiding provisions for
development of an electronic portfolio by the state board of
education and their future effect; legislative findings;
requiring state board to direct a review of policy
requirements for new courses, assist counties in meeting the
requirements; requiring state board to direct state
superintendent to organize department to better communicate,
provide technical assistance and support for schools and
school systems in certain areas; requiring plan for repair,
maintenance and upgrade of technology in public schools; providing legislative intent to work with state board to
continue improving education and ensure a thorough and
efficient education; allowing students who complete two
successful semesters in vocational agriculture to receive
one required science unit toward high school graduation; and
further expressing the legislative intent with respect to
the Jobs Through Education Act.
Be it enacted by the Legislature of West Virginia:
That section six, article two, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that article two-e of said
chapter be amended by adding there to four new sections,
designated sections eight-a, eight-b, eight-c and eight-d; and
that section one-e, article one, chapter eighteen-b of said code
be amended and reenacted, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6. Classification and standardization of schools;
standardsfor degrees and diploma; certificates of
proficiency; establishment of alternative education
programs.
The state board shall make rules for the accreditation,
classification and standardization of all schools in the state,
except institutions of higher education, and shall determine the
minimum standards for the granting of diplomas and certificates of proficiency by those schools. Not later than the school year
one thousand nine hundred ninety--ninety-one, certificates of
proficiency including specific information regarding the
graduate's skills, competence and readiness for employment or
honors and advanced education shall be granted, along with the
diploma, to every eligible high school graduate. The certificate
of proficiency shall include the program of study major completed
by the student only for those students who have completed the
required major courses, or higher level courses, advanced
placement courses, college courses or other more rigorous
substitutes related to the major, and recommended electives.
No institution of less than collegiate or university status
may grant any diploma or certificate of proficiency on any basis
of work or merit below the minimum standards prescribed by the
state board.
No charter or other instrument containing the right to issue
diplomas or certificates of proficiency shall be granted by the
state of West Virginia to any institution or other associations
or organizations of less than collegiate or university status
within the state until the condition of granting or issuing such
diplomas or other certificates of proficiency has first been
approved in writing by the state board.
The state board also may establish policies and procedures
for the approval of alternative education programs for disruptive
students who are at risk of not succeeding in the traditional school structure. These policies and procedures may provide for
the waiver of other policies of the state board, the
establishment and delivery of a nontraditional curriculum,
establishment of licensure requirements for alternative education
program teachers, and the establishment of performance measures
for school accreditation.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-8a. Electronic portfolio repealed.
Notwithstanding the provisions of subsections (i) and (j),
section eight of this article, information on student attainment
of special skills, honors, advanced education, exceptional
performance and other outstanding accomplishments shall be
included on the certificate of proficiency granted to eligible
high school graduates along with the diploma pursuant to section
six, article two of this chapter. All provisions for development
of an electronic portfolio by the state board are hereby null and
void and without future effect.
§18-2E-8b. Audit of state board policies; legislative findings;
report to legislative oversight commission; required plan of
improvement; exemptions from determination of accreditation status.
(a) The Legislature finds that, pursuant to its
constitutional responsibility to provide for a thorough and
efficient system of schools, a process for improving education was enacted and set forth in section five of this article, a
process that was endorsed by the West Virginia board of education
in a resolution that was adopted. The Legislature finds that the
process for improving education includes four primary elements,
those being standards, assessments, accountability and capacity
building. The Legislature finds that as the constitutional body
charged with the general supervision of schools, as provided by
general law, the West Virginia board of education has the
authority and responsibility to establish policies, which are not
subject to approval by the Legislature, to assess performance
against the standards, to hold schools and school systems
accountable for meeting the standards and to assist schools and
school systems to build their capacity to meet the standards,
including, when necessary, seeking additional resources in
consultation with the Legislature and the governor. The
Legislature finds that in fulfilling its constitutional
responsibility to provide for a thorough and efficient system of
schools, the Legislature has been diligent in not mandating the
delivery of programs that are beyond the capacity of schools and
school systems without providing the necessary additional
resources. The Legislature further finds, however, that concerns
exist with respect to the capacity of school systems to meet
certain mandates and expenses which arise either from state board
policy or the need for better communication, technical assistance
and support by the state board and state department of education. The Legislature finds that it is imperative that these concerns
be addressed so as not to adversely affect the progress West
Virginia has made toward improving its system of education or
negate the excellent work of dedicated personnel at local schools
and school systems to more thoroughly prepare their students for
college, other post-secondary education and employment.
Therefore, it is the intent of this section to engage the state
board and the state department in the spirit of cooperation and
collaboration intended in the process for improving education to
examine the impact of their policies and the efforts being made
by the state board and the state department of education to
assist schools and school systems to meet them.
(b) The state board shall:
(1) Direct the office of education performance audits to
include in its review of county boards and schools a
determination of whether the county boards and schools have the
capacity to meet the requirements within the policies of the
state board for school systems to provide additional new courses
and determine the capacity of school systems to deliver these new
courses, if any. If it is determined that a county does not have
the capacity to meet these requirements, the state board shall
direct the department to develop and implement a plan to assist
the counties in meeting the requirements.
(2) Review the organization of the state department of
education to ensure that it is able to provide the best communication, technical assistance and support for schools and
school systems in a number of areas, including, but not limited
to:
(i) The advantages and disadvantages of various methods of
scheduling and how they can be modified to best meet the needs of
students;
(ii) Establishing policies which allow advanced students to
test out of required courses for which they already possess the
required academic skills; and
(iii) Subject to the provision of section eight-d of this
article, establishing policies which allow students, whether they
are preparing for college, other post-secondary education or
work, to take a higher level course, advanced placement course,
college course or other more rigorous substitute in place of a
required major course as set forth in the applicable program of
study.
(3) Prepare and report annually to the legislative oversight
committee on educational accountability by the first day of
December a plan for the repair, maintenance and upgrade of
technology in the public schools.
(c) It is further the intent of the Legislature to regularly
consult with the state board, examine the progress it is making
with respect to these issues, and consider alternative measures
to ensure that all students continue receiving the thorough and
efficient education to which they are entitled.
§18-2E-8c. The "Robert C. Beach" Vocational Agriculture Credit.
(a) The Legislature finds that vocational agriculture
curriculum plays a vital role in the development of science
education for those students enrolled in the program. The
Legislature further finds that as a former member of the West
Virginia House of Delegates, Robert C. Beach was a strong
supporter of the vocational agriculture program.
(b) Students completing two successful semesters in
vocational agriculture class, as defined by state board policy on
the first day October, one thousand nine hundred ninety-nine,
shall receive no more than one of the three required units
towards high school graduation for science.
§18-2E-8d. Further expressions of legislative intent with respect
to this article; parental consent for substitute classes.
(a) The Legislature finds that many school systems are
improving the quality of education for their students through
implementation of the goals and policies set forth in this
article. The Legislature finds that local school systems have had
and should continue to have substantial flexibility for
implementing these improvements. The Legislature further finds
that certain of the goals address legally recognized elements
within the definition of a thorough and efficient education among
which is the development in every child his or her capacity and
knowledge to intelligently pursue his or her options.
The purpose of this section is to further this progress through a
greater expression of the legislative intent with respect to
eliminating the general track curriculum and to insure that all
students perform at high levels of academic achievement.
(b) The intent of the Legislature is to provide in an
economical manner for a thorough and efficient education that:
(1) Provides information to parents and students which
clearly identifies the courses a student should take to prepare
fully for continuing their education in college, other post- secondary education or employment
so they can intelligently
choose among the many options available to them;
(2) Encourages the involvement of parents in their child's
education by providing parents and students with information and
opportunities to
help students explore their interests and plan
a program of study while they are still in high school and have
greater options and flexibility;
(3) Ensures that the quality, content, and alignment of the
curriculum is sufficient to prepare students fully for the
transition to college, other post-secondary education or
employment in areas in which they have an interest following
graduation from high school; and
(4) Improves student learning by increasing the rigor of the
curriculum, making it more relevant to students, and reinforcing
academic instruction
through applications to real life problem
solving so that whatever options a student pursues following graduation from high school, the student has acquired a
foundation of knowledge, skills and abilities that prepares him
or her fully for success.
(c) Notwithstanding the courses specified as required major
courses within a high school program of study, a student in
consultation with his or her parents and school advisor, and with
the written consent of his or her parents, may take a higher
level course, advanced placement course, college course or other
more rigorous substitute. The parental consent form shall
include a certification signed by the school advisor that the
parents were advised of the impact of the substitute course on
the student's preparation for college, other post-secondary
education or employment in the student's major field of study and
that the student's certificate of proficiency will not indicate
that the student completed a program of study major unless such
substitute courses are related to the major field of study
selected by the student.
(d) Notwithstanding the courses specified as recommended
electives within a high school program of study,
a student in
consultation with his or her parents and school advisor, and with
the written consent of his or her parents, may substitute other
elective courses in place of those recommended to prepare the
student fully for continuing his or her education in college,
other post-secondary education or employment. The parental
consent form shall include a certification signed by the school advisor that the parents were advised
of the impact of the
substitute course on the student's preparation for college, other
post-secondary education or employment in the student's major
field of study and
that the student's certificate of proficiency
will not indicate that the student completed a program of study
major unless such substitute courses are related to the major
field of study selected by the student.
(e) On or before the first day of July, one thousand nine
hundred ninety-nine, the state board shall establish a uniform
parental consent form to be maintained in the students permanent
record for the purposes of subsections (c) and (d) of this
section which shall contain:
(1) A statement to be signed and dated by the parents to
consent to their child's substitution of another course for a
required major course as provided in subsection (c) of this
section and the course titles of the required major course and
the substitute course;
(2) A statement to be signed and dated by the parents to
consent to their child's substitution of another course for a
recommended elective course as provided in subsection (d) of this
section and the course titles of the recommended elective course
and the substitute course; and
(3) A statement to be signed and dated by the school advisor
certifying that the school advisor advised the parents of the
impact of the substitute course on the student's preparation for college, other post-secondary education or employment in the
student's major field of study and the student's certificate of
proficiency.
(f) Nothing in this section shall prohibit a county board
from establishing high school graduation requirements which
exceed the minimum high school graduation requirements
established by the
state board.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1e. Public education and higher education collaboration
for the preparation of students for college and other post-secondary education.
(a)
Purpose. -- The purpose of this section is as follows:
(1) To assist students in the planning and preparation for
success in college and other post-secondary education if their
education major interests require such formal education after
high school;
(2) To establish the minimum expected level of knowledge,
skill and competency a student must possess to be prepared fully
for college and other post-secondary education at state
institutions of higher education;
(3) To implement a method for communicating the minimum
level of knowledge, skill and competency to students, parents,
educators and counselors in the public schools, and admissions officers, advisors and faculty in the higher education
institutions; and
(4) To assure that the teacher preparation programs in state
institutions of higher education prepare educators to, at a
minimum, deliver instruction necessary to prepare students fully
for college and other post-secondary education or gainful
employment consistent with the provisions of section eight,
article two-e, chapter eighteen of this code.
(b)
Joint rule. -- On or before the first day of October,
one thousand nine hundred ninety-six, the higher education
governing boards shall promulgate a joint rule to achieve the
purposes of subsection (a) of this section. In the development of
such rule, the governing boards shall consult with the state
board and the jobs through education employer panel, established
pursuant to section eight, article two-e, chapter eighteen of
this code, and shall collaborate with the state board in the
establishment of compatible practices within their separate
systems.
(c)
Assessment of student readiness. -- To provide
continuous assessment and program improvement in the preparation
of high school students for success in college or other post- secondary education, the higher education governing boards shall
communicate to the state board and the legislative oversight
commission on education accountability by the first day of December in each year, beginning in December, one thousand nine
hundred ninety-seven, the number of graduates from the public
schools in the state by high schools who were accepted in the
last calendar year for enrollment at each of the state
institutions of higher education within one year of graduation,
and whose knowledge, skill and competency were below the minimum
expected levels for full preparation as defined by the governing
boards. The governing boards also shall report the areas in
which the knowledge, skill and competency of the students were
below the minimum expected level. The state board shall provide
information to each of the high schools of the state for
graduates from the high school.
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