H. B. 2289


(By Delegates Prezioso and Nicol)
[Introduced February 25, 1993; referred to the
Committee on Education.]




A BILL to amend and reenact section two, article two-e, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to statewide testing of educational progress program (WV-STEP); purposes, development and implementation of program.

Be it enacted by the Legislature of West Virginia:
That section two, article two-e, 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 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-2. Statewide testing of educational progress program (WV-STEP); purposes, development and implementation of program.

(a) The state board shall establish a program for the statewide testing of the educational progress of public school students in attaining a high quality education, hereinafter referred to as the WV-STEP program.
The WV-STEP program shall provide information to:
(1) Assess the overall academic progress of students, including (i) identifying individual students' academic weaknesses and readiness, and (ii) identifying students who may need remediation;
(2) Assist the teacher in determining student promotion;
(3) Compare achievement of students in West Virginia to achievement of students on a national basis;
(4) Assess the strengths and weaknesses of school performance;
(5) Assess the effects of state and local educational programs;
(6) Make decisions at the state and local level with regard to educational matters, including (i) the need for new or revised educational programs and the need to terminate existing educational programs, (ii) overall curriculum development and revision activities, and (iii) teacher training and staff development activities; and
(7) Inform the public of the overall quality of education in individual schools and school districts.
(b) The state board shall prepare detailed design specifications for the WV-STEP program which accomplish the following:
(1) Take into account the state learning outcome statements in the basic skill areas of reading, composition, mathematics and other subject areas as determined by the state board; and
(2) Include testing of students' higher level cognitive thinking in each subject area tested.
"Learning outcome statements" means statements developed and adopted by the state board which for the purposes of this article have been fully and properly field tested to ensure their reliability and validity in indicating the knowledge base and skills expected of students for particular subject areas and which may be used to measure indicators of statewide standards for student progress in attaining a high quality education.
(c) The state board shall implement the WV-STEP program as follows:
(1) Beginning in the school year one thousand nine hundred ninety--ninety-one, and continuing thereafter:
(i) An evaluation designed to measure student readiness to begin the formal school curriculum shall be administered to all kindergarten public school students. Such evaluation shall be used solely to assist in making policy decisions at the state and local levels with regard to educational matters as outlined in subdivision six, subsection (a) of this section, and shall not be used for individual diagnostic or placement purposes.
(ii) (i) An evaluation model for children in kindergarten, first and second grades shall be developed by a committee of teachers, parents and principals selected by each regional educational service agency board within each regional educational service agency. The evaluation model shall be developed using the following criteria:
(A) The model shall be based on the fact that kindergarten through second grade is educationally continuous;
(B) The model shall allow for variability in the achievement of children in kindergarten through second grade;
(C) The model shall be applied continuously to reflect assessment as a teaching tool;
(D) Information gathered by the evaluation model shall be used to adapt curriculum and to provide feedback to parents; and
(E) The model shall include a measure of achievement of the state learning outcomes.
The evaluation model, as developed by each regional educational service agency committee, shall be made available to the state board and to the legislative oversight commission on education accountability by the first day of January, one thousand nine hundred ninety; and
(iii) (ii) A criterion referenced test measuring competencies based on the learning outcome statements shall be administered to all public school students in grades one and two to measure their academic progress in reading and mathematics; and
(iv) (iii) A criterion referenced test measuring competencies based on the learning outcome statements shall be administered to all public school students in grades three and four to measure their academic progress in reading, composition and mathematics.
The results of the tests shall be used to identify eachstudent's deficiencies, aid in determining instruction needed by the student in achieving the statewide standards established for the respective grade and assist the teacher in determining student promotion.
(2) Beginning in the school year one thousand nine hundred ninety-one--ninety-two, and continuing thereafter:
(i) A criterion referenced test measuring competencies based on the learning outcome statements for reading, composition and mathematics in grade five shall be administered to all public school students in grade five. Each year thereafter, a criterion referenced test for these subject areas shall be administered to students in the next higher grade through grade eight; and
(ii) Criterion referenced testing measuring competencies based on the learning outcome statements in additional subject areas shall be implemented as funds are available on a schedule determined by the board.
(3) Beginning in the school year one thousand nine hundred ninety--ninety-one, and continuing thereafter, National Assessment of Educational Progress Program tests shall be administered in academic areas at the various grades designated by the National Assessment of Educational Progress officials to provide comparisons of West Virginia students to a national sample.
(d) The state board shall revise and update the learning outcome statements as necessary and shall determine a schedule for the annual administration of the WV-STEP program tests. Thestate superintendent is responsible for the overall development, implementation and monitoring of the program. The state board may establish a pilot program to implement the WV-STEP program prior to the required implementation dates under subsection (c) of this section.
(e) Any student who is unable to take any of the tests prescribed in this section because of absence from school and provides school authorities with a valid reason for such absence shall be given the missed test as soon as possible following the student's return to school. An exceptional child is subject to testing under the WV-STEP program only to the extent specified in that child's individualized education program (IEP).
(f) The parent or guardian of each student tested under the WV-STEP program shall be notified in writing of the student's test score, along with the average test score of all other students in the same grade at the school. The state board shall promulgate rules for the compilation of aggregate test scores by grade in such manner as to permit the comparison of student performance at different schools within and among the various school districts. The test scores of all students taking the test at each school shall be compiled by the district pursuant to such rules, shall be made available for public inspection and shall be included in the school and county report cards under section four of this article. However, no individual student's WV-STEP scores may be disclosed to the public.
(g) The department of education shall take necessaryadministrative action under section five of this article to monitor and evaluate the curriculum and instruction methods in each school district to ensure compliance with the standards and purposes of this article.



NOTE: The purpose of this bill is to eliminate the paper and pencil testing requirement of kindergarten students. This does not prevent diagnostic testing or other kinds of assessments intended to help identify barriers to the student's success in school.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.