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Introduced Version - Originating in Committee House Bill 4618 History

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H. B. 4618

 

(By Delegates Perry, Young, Tomblin, Fragale, Williams,

 Walker, Espinosa, Cooper, Moye, Sumner and D. EvansSPONSOR)


[Originating inDATE the Committee on EducationCOMMITTEE.]

(February 18, 2014)

 

 

 

A BILL to amend and reenact §18-2E-10Bill Title of the code of West Virginia, 1931, as amended, relating to establishing transformative system of support for early literacy; making legislative findings; requiring state board rule; minimum provisions of rule; eliminating critical skills instructional support programs for third and eighth graders; and modifying critical skills program framework to apply only to early literacy program. Title Language

Be it enacted by the Legislature of West Virginia:

    That §18-2E-10Enacting Section of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-10. Critical skills instructional support programs for third and eighth graders Transformative system of support for early literacy.
    
(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 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 successive grade level;

    (3) State board policy requires every school to establish a student assistance team that reviews student academic needs that have persisted despite being addressed by instruction and intervention and requires every school to 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.

    (1) In the early learning years, ensuring that each student masters the content and skills needed for mastery at the next grade level is critically important for student success;

    (2) Students who do not demonstrate grade-level proficiency in reading by the end of third grade become increasingly less likely to succeed at each successive grade level and often drop out of school prior to graduation;

    (3) State board policy requires every school to establish a process for ensuring the developmental and academic progress of all students. This process is to be coordinated by a school student assistance team that reviews student developmental and academic needs that have persisted despite being addressed through instruction, intervention, and as applicable, supports for personalized learning. Ensuring the developmental and academic success of all students requires every school to 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) Focusing on supports during the early learning years to ensure all students read proficiently by the end of third grade requires a statewide comprehensive approach to early literacy which includes schools and engaged communities mobilized to remove barriers, expand opportunities, and assist parents in fulfilling their roles and responsibilities to serve as full partners in the success of their children are needed to assure student success.

    (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 or the student’s classroom teacher, 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 or the student’s classroom teacher 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;

    (1) Development of a comprehensive, systemic approach to close the reading achievement gap by third grade, which targets school readiness, the attendance gap, summer learning loss and a transformative intervention framework for student and learning supports;

    (2) Ensure all West Virginia children have access to high quality early learning experiences that focus on healthy learners as part of the school readiness model, resulting in increased populations of children on target for healthy development prior to entering first grade;

    (3) Close the attendance gap to certify West Virginia children attend school regularly and limit chronic absenteeism in the early grades;

    (4) Assist county boards in establishing and operating targeted, sustained extended day and extended year reading programs to ensure grade level proficiency and battle summer learning loss;

    (5) Maximize family engagement to result in the development of a culture of literacy from birth through third grade;

    (6) Support high quality schools and a workforce prepared to address early literacy, identification of interventions, and implementation of a system of intervention for children not reaching grade level proficiency;

    (3) (7) Ensure the employment of qualified teachers and service personnel in accordance with the provisions of section thirty-nine, article five of this chapter and section seven-c, article four, chapter eighteen-a of this code to provide instruction to students enrolled in critical skills instructional support early literacy support programs;

    (4) Creating (8) Create 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 a targeted, comprehensive system of support for early literacy;

    (5)Providing (9) Provide support for transportation and healthy foods for students required to attend after-school and summer critical skills instructional support programs extended year early literacy instructional support programs and supervision at the school that accommodates the typical work schedules of parents; and

    (6) Receiving (10) Receive from county boards any applications and annual reports required by rule of the state board.

    (c) A student in grades three or eight kindergarten through three who is recommended by the student assistance team or the student's classroom teacher 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 assistance in one or more of the key standards of English Language Arts, including reading, speaking and listening, writing or language may be required to attend an extended year early literacy 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 skills early literacy instructional support program and, prior to the end of the school year, the student assistance team or the student's classroom teacher recommends that further additional academic help is needed for the student to be successful at the next grade level; and

    (2) The county board has established a critical skills an early literacy instructional support program during the summer months extended year for the student's grade level.

    (d) County boards shall provide suitable high-quality educational facilities, equipment and services to support critical skills early literacy instructional support programs established pursuant to this section. Summer Extended year programs may be provided at a central location for kindergarten through third and eighth graders who qualify for the program.

    (e) This section may not be construed to prohibit a classroom teacher from recommending the grade level retention of a student based upon the student's lack of mastery of the subject matter and preparation for the subject matter at the next grade level.

    (f) This section may not be construed to affect the individualized education plans of exceptional students.

    (g) This section may not be construed to limit the authority of the county board to establish a summer school an extended year program in accordance with section thirty-nine, article five of this chapter. County boards may not charge tuition for enrollment in critical skills early literacy instructional support programs established pursuant to this section.

    (h) Each county board shall prepare to implement the provisions of this section and the provisions of the state board rule required by subsection (b) of this section. The preparations shall at least include planning, ensuring the a process for ensuring the developmental and academic progress of all students through the auspices of student assistance teams are established as currently required by state board policy and performing a needs assessment to determine the potential capacity requirements for the system of support for early learners.

    (i) The state board shall provide a report describing the proposed implementation of the critical skills instructional support program to be instituted for the Summer 2010 transformative system of support for early literacy to the Legislative Oversight Commission on Education Accountability on or before May 1, 2010 July 1, 2014.

    (j) The state board shall provide a comprehensive report regarding the status of the critical skills instructional support program transformative system of support for early literacy to the Legislative Oversight Commission on Education Accountability, the Joint Committee on Government and Finance, and the Governor on November 1, 2010 November 1, 2014, and annually on November 1 on each year thereafter. The report shall address, at a minimum, the progress of the program throughout the state, its effect on student achievement and the sources of the funding both available to and used by the program.

    (k) The provisions of this section shall be subject to the availability of funds from legislative appropriation or other sources specifically designated for the purposes of this section. If a county board determines that adequate funds are not available for full implementation of a critical skills instructional support program transformative system of support for early literacy in the county, the county board may implement its program in phases by first establishing a critical skills instructional support program in the third grade and then establishing a critical skills instructional support program for the eighth grade early literacy instructional support programs in the early readiness grades (Kindergarten), then the primary grades (Grades 1-2), and establishing an early literacy instructional support program for the third grade once the county board determines that adequate funds are available.

 

    Note: The purpose of this bill is to establish a transformative system of support for early literacy and eliminate the critical skills instructional support programs for third and eighth graders. The bill modifies the critical skills program framework to apply only to early literacy program.

  

    Strike-throughs indicate existing language that would be removed, and underscoring indicates new language that would be added.

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