COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 181
(By Senators Edgell, Dempsey, Plymale, Harrison, Boley, Weeks,
Kessler, Minear, Guills and Unger)
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[Originating in the Committee on Education;
reported January 29, 2003.]
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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; technical amendments; home school exemption;
amending requirements to qualify for home school exemption;
amending assessment requirements of home school exemption; and
eliminating exemption relating to residence more than two
miles from school or school bus route.
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.
(a) Compulsory school attendance shall begin 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
set forth in this section.
Each
each such cause or condition
being set forth in this section shall
be subject to confirmation by the attendance authority of the
county.
Exemption A. Instruction in a private, parochial or other
approved school. --
(b) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if the requirements of this subsection, relating to instruction in
a private, parochial or other approved school, are met. The Such
instruction shall be in a school approved by the county board
of
education and for a time equal to the
school instructional term
of
the county for the year set forth in section forty-five, article
five of this chapter. In all
such private, parochial or other
schools
approved pursuant to this subsection it shall be 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.
Exemption B. Instruction in home or other approved place. --
(a) (c) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if the requirements of either subdivision (1) of this subsection or
the requirements of subdivision (2) of this subsection, both
relating to home instruction, are met.
(1) The Such instruction shall be in the home of
such the
child or children or at some other place approved by the county
board
of education and for a time equal to the
school instructional
term
of the county set forth in section forty-five, article five of
this chapter. If
such the request for home instruction is denied
by the county board,
of education good and reasonable justification
for
such the denial
must 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 public elementary schools
of in the state.
It shall be the duty of the The person or persons providing the
instruction, upon request of the county superintendent,
to shall
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 board shall develop guidelines for
the home schooling of special education students including
alternative assessment measures to assure that satisfactory
academic progress is achieved.
(b) (2) 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 The child meets the requirements set forth in
this subdivision: Provided, That the county superintendent
shall
have the right to may seek from the circuit court of the county an
order denying
the home instruction
of the child.
The which order
may be granted upon a showing of clear and convincing evidence that
the child will suffer
educational neglect
in the child's education
or that there are other compelling reasons to deny home
instruction.
(2) (A) Annually, the 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,
age and grade level 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 child
from public school;
(2) (B) 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 Provided, That the requirement of a formal
education at least four years higher than the most academically
advanced child is waived until the first day of July, two thousand
three;
(3) (C) The person or persons providing home instruction
outline a plan of instruction for the ensuing school year; and
(4) (D) On or before the thirtieth day of June of each year
The the person or persons providing home instruction shall
annually
obtain an academic assessment of the child for the previous school
year
and submit the results to the county superintendent.
When the
academic assessment takes place outside of a public school, the
parent or legal guardian shall pay the cost. The requirement of an
academic assessment 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 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 that 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 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 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 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 responsible
for payment of fees charged for the assessment.
(i) The child receiving home instruction takes a nationally
normed standardized achievement test to be administered under
standardized conditions as set forth by the published instructions
of the selected test in the subjects of reading, language,
mathematics, science and social studies: Provided, That in no
event may the child's parent or legal guardian administer the test.
The publication date of the chosen test shall not be more than ten
years from the date of the administration of the test. The child
shall be considered to have made acceptable progress when the mean
of the child's test results in the required subject areas for any
single year meets or exceeds the fiftieth percentile or, if below
the fiftieth percentile, shows improvement from the previous year's
results;
(ii) The child participates in the testing program currently
in use in the state's public schools. The test shall be
administered to the child at a public school in the county of
residence. Determination of acceptable progress will be based on
current guidelines of the state testing program;
(iii) 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. If the narrative indicates that the child's academic progress for the year
is in accordance with the child's abilities, the child shall be
considered to have made acceptable progress. This narrative shall
be prepared by a certified teacher whose certification number shall
be provided. The narrative shall include a statement about the
child's progress in the areas of reading, language, mathematics,
science and social studies and shall note any areas which, in the
professional opinion of the reviewer, show need for improvement or
remediation;
(iv) The child completes an alternative academic assessment of
proficiency that is mutually agreed upon by the parent or legal
guardian and the county superintendent. Criteria for acceptable
progress shall be mutually agreed upon by the same parties; and
(E) When the annual assessment fails to show acceptable
progress as defined under the appropriate assessment option set
forth in paragraph (D) of this subdivision, the person or persons
providing home instruction shall initiate a remedial program to
foster acceptable progress and the county board shall notify the
parents or legal guardian of 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 not preclude the continuation of home
schooling. In the event that the child does not achieve acceptable
progress as defined under the appropriate assessment option set
forth in paragraph (D) of this subdivision for a second consecutive
year, the person or persons providing instruction shall submit to the county superintendent additional evidence that appropriate
instruction is being provided.
(c) (3) This subdivision applies to both home instruction
exemptions set forth in subdivisions (1) and (2) of this
subsection. The county 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 consider appropriate subject to normal
registration and attendance requirements.
Exemption C. Physical or mental incapacity. --
(d) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if the requirements of this subsection, relating to physical or
mental incapacity, are met. 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 required under the provisions of this article:
Provided, That in
all cases, incapacity shall be narrowly defined and in no case
shall 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 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 road or path to be not over two miles from home to
school or to school bus providing free transportation;
Exemption E. Hazardous conditions. --
(e) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if Conditions conditions rendering school attendance impossible or
hazardous to the life, health or safety of the child
exist.
Exemption F. High school graduation. --
(f) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
upon Such exemption shall consist of regular graduation from a
standard senior high school.
Exemption G. Granting work permits. --
(g) A child shall be exempt from the compulsory school attendance requirement set forth in subsection (a) of this section
if the child is granted a work permit pursuant to this subsection.
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. --
(h) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if a serious illness or death in the immediate family of the pupil
has occurred. 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. --
(i) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if the requirements of this subsection, relating to destitution in
the home, are met. 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 allowed
when
such the destitution is relieved through public or private
means.
Exemption J. Church ordinances; observances of regular church
ordinances. --
(j) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if the requirements of this subsection, relating to church
ordinances and observances of regular church ordinances, are met.
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 the
exemption shall be 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. --
(k) A child shall be exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
if the requirements of this subsection, relating to alternative
private, parochial, church or religious school instruction, are
met. In lieu of the provisions of Exemption A herein above,
exemption 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 of this chapter.
(l) The completion of the eighth grade shall 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.
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