COMMITTEE SUBSTITUTE
FOR
H. B. 2832
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
(Originating in the Committee on Finance)
[March 27, 2009]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-2E-10, relating
to critical skills instruction programs for students in grades
three and eight; setting forth legislative findings; providing
for state board rules to effectuate section; establishing
minimum provisions of rules; providing condition for promotion
for certain students under certain circumstances; requiring
suitable facilities by county boards; preserving teacher's
judgment on student retention decisions; and preserving
individualized education plans from effect of section.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-2E-10, to read as
follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-10. Critical skills instructional support programs for
third and eighth graders.
(a) The Legislature finds that:
(1) In the early childhood through intermediate grade levels,
ensuring that each student masters the content and skills needed
for mastery at the next higher grade level is critically important
for student success;
(2) Students who do not demonstrate grade-level mastery in
reading, language arts and mathematics become increasingly less
likely to succeed at each successively higher grade level;
(3) Every school is required to establish a student assistance
team that reviews student academic needs that have persisted
despite being addressed by instruction and intervention and schools
must implement in an equitable manner programs during and after the
instructional day at the appropriate instructional levels that
contribute to the success of students; and
(4) Grades three and eight are critical transition points for
additional intervention strategies that reinforce the preparation
of students who are not prepared fully for success at the next
grade level.
(b) The state board shall, in accordance with the provisions
of article three-b, chapter twenty-nine-a of this code, promulgate
legislative rules as necessary to effectuate the provisions of this
section. The rules shall provide for at least the following:
(1) Encouraging and assisting county boards in establishing
and operating critical skills instructional support programs during
and after the instructional day and during the summer for students
in grades three and eight who in the judgment of the student assistance team are not mastering the content and skills in
reading, language arts and mathematics adequately for success at
the next grade level and who are recommended by the student
assistance team for additional academic help through the programs;
(2) Maximizing parental involvement in supporting the critical
skills development of their children in reading, language arts and
mathematics through critical skills instructional support programs;
(3) Ensuring the employment of qualified teachers and support
personnel to provide instruction to students enrolled in critical
skills instructional support programs;
(4) Creating a formula or grant-based program for the
distribution of funds appropriated specifically for the purposes of
this section or otherwise available for the support of in-school,
after-school and summer critical skills instructional support
programs;
(5) Providing transportation and healthy foods for students
required to attend after-school and summer critical skills
instructional support programs, or supervision at the school that
accommodates the typical work schedules of parents; and
(6) Receiving from county boards such applications and annual
reports as may be required by rule of the state board.
(c) A student in grades three or eight who is recommended by
the student assistance team for additional academic help in one or
more of the subjects of reading, language arts and mathematics
through a critical skills instructional support program may be
required to attend a summer critical skills instructional support program as a condition for promotion if:
(1) The student has been provided additional academic help
through an in-school or after-school critical instructional support
program and, prior to the end of the school year, the student
assistance team recommends that further additional academic help is
needed for the student to be successful at the next grade level;
and
(2) Adequate funding is provided by the State Board for the
administration and operation of the program.
(d) County boards shall provide suitable educational
facilities, equipment and services to support critical skills
instructional support programs established pursuant to this
section. Summer programs may be provided at a central location for
third and eighth graders who qualify for the program.
(e) Nothing prohibits the grade level retention of a student
based upon the sole judgement of the teacher of the students
mastery of the subject matter and preparation for the subject
matter at the next higher grade level.
(f) Nothing in this section may be construed to affect the
individualized education plans of exceptional students.
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