H. B. 2855
(By Delegates Williams, Stemple, Houston, Willis, Stalnaker, Armstead and Harrison)
(Originating in the Committee on Education)
[February 19, 1999]
A BILL 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 three new sections,
designated sections eight-a, eight-b and eight-c; 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 with respect to process for improving education and
building the capacity of schools and school systems to meet
state board policies; requiring state board to direct a
review of policy requirements for new courses, assist
counties in meeting the requirements and not penalize
accreditation status if meeting these requirements is beyond
school and school system capacity to meet; 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 study and report on teacher certification issues;
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; and allowing
students who complete three successful semesters in
vocational agriculture to receive one required science unit
toward high school graduation.
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 thereto three new sections,
designated sections eight-a, eight-b and eight-c; and that
section one-e, article one, chapter eighteen-b of said code be
amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
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.
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.
Notwithstanding any other provisions of this section to the
contrary, the requirement for granting certificates of proficiency shall be replaced by the requirement that information
be provided on an electronic portfolio system established by the
state board pursuant to section eight, article two-e of this
chapter and issued to every high school graduate by the
appropriate county board: Provided, That the requirements for
granting certificates of proficiency shall be continued until
such time as the electronic portfolio system has been made
available to the county boards.
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, assessment, 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, through the office of
the state superintendent and department of education, 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 deliver
new required courses of instruction, the effect of block
scheduling, inflexible certification requirements, the cost of
technology repairs, the ability of students preparing for college
to take higher level course work, and deadlines of other new
standards which arise either from mandates within state board
policy or the need for better communication, technical assistance
and support by the state superintendent 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 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 superintendent and the department of education to
assist schools and school systems to meet them.
(b) Utilizing current funds appropriated to the department
of education, the state board shall:
(1) Direct the office of education performance audits to
conduct a review of 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 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. The failure of a county to
meet a requirement, which is beyond its capacity to meet, shall
not be penalized and held accountable for the purposes of
determining accreditation status;
(2) Direct the state superintendent to organize the
department of education and provide better communication,
technical assistance and support for schools and school systems
in the 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) 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) Direct the state superintendent to study and report
annually to the legislative oversight commission on educational
accountability by the first day of December on the consistency of
teacher certification policies and levels of teacher
certification with the needs of school systems, particularly in
counties with increased enrollment; and
(4) 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 resolving these issues, and consider alternative
measures to ensure that all students receive 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 three successful semesters in
vocational agriculture classes, as defined by state board policy
on the first day of September, one thousand nine hundred ninety- eight, shall receive one of the three required units towards high
school graduation for science.
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,
or as soon thereafter as the establishment
of an electronic portfolio system permits, 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,
whose electronic portfolio indicated
readiness for college or other post-secondary education, 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.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§18-2E-8a, §18-2E-8b and §18-2E-8c are new; therefore,
strike-throughs and underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
