H. B. 4809
(By Delegates Beane, Pino, Talbott, Williams,
Beach, Paxton and Leggett)
[Introduced February 24, 2006; referred to the
Committee on Education.]
A BILL to amend and reenact §18-28-3 and §18-28-7 of the Code of
West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §18-28-8, all
relating to private, parochial and church schools generally;
providing for the inclusion of certain proficiency tests;
providing for the transfer of courses and grades between
private, parochial and church schools to the public schools;
and providing for the provision of kindergarten and pre-
kindergarten classes by private, parochial and church schools.
Be it enacted by the Legislature of West Virginia:
That §18-28-3
and §18-28-7 of the Code of West Virginia,
1931, as amended, be amended and reenacted; and that said code be
amended by adding thereto a new section, designated §18-28-8, all
to read as follows:
ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS, OR SCHOOLS OF A RELIGIOUS ORDER.
§18-28-3. Standardized testing requirements.
(a) Each private, parochial or church school or school of a
religious order or other nonpublic school electing to operate under
this statute in lieu of the approval requirements set forth as part
of section one, article eight, chapter eighteen, exemption A shall
administer on an annual basis during each school year to every
child enrolled therein between the ages of seven and sixteen years
either the comprehensive test of basic skills, the California
achievement test, the Stanford achievement test or the Iowa tests
of basic skills tests of achievement and proficiency,
Westest or
other tests adopted or approved by this state, which test will be
selected by the chief administrative officer of each school in the
subjects of English, grammar, reading, social studies, science and
mathematics; and shall be administered under standardized
conditions as set forth by the published instructions of the
selected test:
Provided, That any private, parochial, church
school, school of a religious order or other nonpublic school that
exclusively teaches special education students or children with
learning disabilities shall not be required to comply with this
subsection or subsection (d) of this section, but shall
academically assess every child enrolled therein between the ages
of seven and sixteen years on an annual basis during each school
year by one or more of the following methods: (1) A standardized group achievement test; (2) a standardized individual achievement
test; (3) a written narrative of an evaluation of a portfolio of
samples of a child's work; (4) an alternative academic assessment
of the child's proficiency as mutually agreed by the county
superintendent, parent(s) or legal guardian(s) and the school.
(b) Each child's testing results and the school composite test
results shall be made available to such child's parents or legal
guardians. Upon request of a duly authorized representative of the
West Virginia Department of Education, the school composite test
results shall be furnished by the school or by a parents
organization composed of the parents or guardians of children
enrolled in said school to the State Superintendent of Schools.
(c) Each school to which this article applies shall:
(1) Establish curriculum objectives, the attainment of which
will enable students to develop the potential for becoming literate
citizens.
(2) Provide an instructional program that will make possible
the acquisition of competencies necessary to become a literate
citizen.
(d) If such school composite test results for any single year
for English, grammar, reading, social studies, science and
mathematics fall below the fortieth percentile on the selected
tests, the school as herein described shall initiate a remedial
program to foster achievement above that level. If after two consecutive calendar years school composite test results are not
above the fortieth percentile level, attendance at the school may
no longer satisfy the compulsory school attendance requirement
exemption of exemption K, section one, article eight, chapter
eighteen, until such time as the percentile standards herein set
forth are met.
§18-28-7. Transfer of credit.
Grades and credits earned by students from any school
complying with the provisions of this article may be transferred to
and shall be accepted by public schools within this state on the
same basis as grades and credits are transferred and accepted
between public schools.
§18-28-8. Kindergarten and prekindergarten classes.
Any school complying with the provisions of this article may
also operate school programs and classes for kindergarten and
prekindergarten students.
NOTE: The purpose of this bill is to
provide for the inclusion
of certain proficiency tests as a part of the standardized testing
required of private, parochial or church schools. Under the bill,
courses and grades of students in private, parochial or church
schools may be transferred to the public schools and private,
parochial and church schools may provide kindergarten and pre-
kindergarten classes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18-28-7 has been completely rewritten and §18-28-8 is new; therefore, strike-throughs and underscoring have been omitted.