Senate Bill No. 300
(By Senators Tomblin (Mr. President) and Boley
By Request of the Executive)
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[Introduced February 2, 1996; referred to the Committee
on Education.]
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A BILL to amend and reenact section four, article one, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
six, article two of said chapter; to amend and reenact
sections four, five and seven, article two-e of said
chapter; to further amend said article by adding thereto a
new section, designated section eight; and to amend article
one, chapter eighteen-b of said code by adding thereto a new
section, designated section one-e, all relating to jobs
through education; providing for establishment of
performance measures and annual progress targets for
achieving the state's educational goals and annual reporting by the state board; replacing certificates of proficiency
with electronic portfolios; allowing state board flexibility
to include additional information on school report cards and
amending existing statutory criteria; allowing state board
flexibility to establish additional performance-based
accreditation measures; amending existing statutory measures
and clarifying existing language; providing legislative
findings and guidelines for continued implementation of the
state's program for computers for high quality basic skills
development and remediation in middle schools, junior high
schools and high school grades and encouraging student
access outside the normal school day; creating jobs through
education act and establishing findings and intent;
providing for appointment of jobs through education employer
panel to advise and assist state board of education, higher
education governing boards and institutions, other post-
secondary education and training programs and agencies and
employers in assuring graduates are fully prepared for
further education and training or gainful employment and to
perform other duties; providing for increased expectations
for all students, including definition and assessment of minimum level of student proficiency that lays the
foundation for further learning and skill development, and
listing suggested policies and practices; providing for
replacement of general curriculum with career cluster and
educational major system; providing suggested system
objectives and providing for system evaluation; defining and
providing for establishment of work-based learning
opportunities for all students; providing for development
and issuance of electronic portfolio for every student that
documents preparation for college, other post-secondary
education or gainful employment; providing process for
recognizing certifiable skills, competence and readiness;
providing for staff development; and providing for
definition and communication of readiness for college and
other post-secondary education, program coordination and
process for program feedback and continuous improvement.
Be it enacted by the Legislature of West Virginia:
That section four, article one, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section six, article two
of said chapter be amended and reenacted; that sections four, five and seven, article two-e of said chapter be amended and
reenacted; that said article two-e be further amended by adding
thereto a new section, designated section eight; and that article
one, chapter eighteen-b of said code be amended by adding thereto
a new section, designated section one-e, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS
FOR
EDUCATION.
§18-1-4. Educational improvement plan; "Goals for the Year
2000."
(a) The governor, the Legislature, the West Virginia board
of education and the people of West Virginia agree that the
education of their children is of utmost importance to the future
well-being of the state and that the purpose of enacting
education laws and providing funding to support a system of free
schools is to assure that all of our children have every
opportunity to secure an education which is thorough and is
provided in an efficient manner. The governor, the Legislature,
the West Virginia board of education and the people of West
Virginia further agree that improvements are needed in the
educational system of West Virginia if these objectives are to be
met.
(b) Therefore, the governor, the Legislature, the West
Virginia board of education and the people of West Virginia have
established goals for themselves which are measurable and
achievable over a ten-year period beginning in the year, one
thousand nine hundred ninety, to be accomplished through the
combined efforts of the government, the school system and the
people through an increased focus on the needs of children.
These goals are that by the year two thousand:
(1) All children entering the first grade will be ready for
the first grade;
(2) All students will have equal educational opportunity;
(3) Student performance on national measures of student
performance will equal or exceed national averages and the
performance of students falling in the lowest quartile will
improve by fifty percent;
(4) Ninety percent of ninth graders will graduate from high
school;
(5) High school graduates will be fully prepared for
college, other post-secondary education, or gainful employment.
The number of high school graduates entering postsecondary
education will increase by fifty percent; and
(6) All working age adults will be functionally literate.
The intent of the governor, and the Legislature and the West
Virginia board of education is to pursue the accomplishment of
these goals through strategies which focus on (i) early childhood
development; (ii) improving the quality of teaching; (iii)
technology and learning; (iv) helping at-risk students; (v) work
force preparation; and (vi) restructuring and accountability in
the educational system.
(c) The state board of education shall establish system
performance measures of progress toward achieving the goals by
the year two thousand. The performance measures shall include
annual progress targets. The state board shall report progress
toward meeting the annual targets and achieving the overall goals
to the governor and the Legislature at the beginning of the
legislative session in each of the next four years, beginning
with the legislative session in the year one thousand nine
hundred ninety-seven, and shall include in such report how the
legislative priorities of the board address attainment of the
goals.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6. Classification and standardization of schools;
standards for degrees and diploma.
The state board shall make rules for the accreditation,
classification and standardization of all schools in the state,
except institutions of higher education, and shall determine the
minimum standards for the granting of diplomas and certificates
of proficiency by those schools. Not later than the school year
one thousand nine hundred ninety--ninety-one, certificates of
proficiency including specific information regarding the
graduate's skills, competence, and readiness for employment or
honors and advanced education shall be granted, along with the
diploma, to every eligible high school graduate: Provided, That
the requirement for granting certificates of proficiency as
provided herein shall be replaced by information provided on an
electronic portfolio system established by the state board
pursuant to section eight, article two-e of this chapter and
issued to every high school graduate by county boards of
education. No institution of less than collegiate or university
status may grant any diploma or certificate of proficiency on any
basis of work or merit below the minimum standards prescribed by
the state board.
No charter or other instrument containing the right to issue diplomas or certificates of proficiency shall be granted by the
state of West Virginia to any institution or other associations
or organizations of less than collegiate or university status
within the state until the condition of granting or issuing such
diplomas or other certificates of proficiency has first been
approved in writing by the state board.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-4. Better schools accountability; school, school district
and statewide school report cards.
(a) For the purpose of providing information to the parents
of public school children and the general public on the quality
of education in the public schools which is uniform and
comparable between schools within and among the various school
districts, the state board shall prepare forms for school, school
district and statewide school report cards and shall promulgate
rules concerning the collection and reporting of data and the
preparation, printing and distribution of report cards under this
section. The forms shall provide for brief, concise reporting in
nontechnical language of required information. Any technical or
explanatory material a county board wishes to include shall be
contained in a separate appendix available to the general public upon request.
(b) The school report cards shall include information as
shall be prescribed by lawfully promulgated rule by the state
board of education to give the parents of students at the school
and the general public an indication of the quality of education
at the school and other programs supportive of community needs,
including, but not limited to, the following:
(1) The following Indicators of student performance at the
school in comparison with the county, state, regional and
national student performance, as applicable, including student
performance by grade level in the various subjects tested under
the statewide testing of educational progress program; school
attendance rates; the percent of students not promoted to next
grade; and the graduation rate. ; and student mobility (turnover
shown as a percent of transfers out and a percent of transfers
in); and
(2) The following Indicators of school performance in
comparison with the aggregate of all other schools in the county
and the state, as applicable, including average class size;
percent of enrollments in courses in high school mathematics,
science, English and social science; amount of time per day devoted to mathematics, science, English and social science at
middle, junior high and high school grade levels; percent of
enrollments in college preparatory, general education and
vocational education programs; pupil-teacher ratio; number of
exceptions to pupil-teacher ratio requested by the county board
and the number of exceptions granted; the number of split-grade
classrooms; pupil-administrator ratio; operating expenditure per
pupil; county expenditure by fund in graphic display; and the
average degree classification and years of experience of the
administrators and teachers at the school.
(3) The names of the members of the local school improvement
council and the goals of the school for improving the educational
process.
(3) (4) Every county board of education shall annually
determine the number of administrators, classroom teachers and
service personnel employed that exceeds the number allowed by the
public school support plan and determine the amount of salary
supplements that would be available per state authorized employee
if all expenditures for the excess employees were converted to
annual salaries for state authorized administrators, classroom
teachers and service personnel within their county. The information shall be published annually in each school report
card of each such county.
(c) The school district report card shall include the data
for each school for each separately listed applicable indicator
and the aggregate of the data for all schools, as applicable, in
the county for each indicator. The statewide school report card
shall include the data for each county for each separately listed
indicator and the aggregate for all counties for each indicator.
(d) The report cards shall be prepared using actual local
school, county, state, regional and national data indicating the
present performance of the school and shall also include the
state norms and the upcoming year's targets for the school and
the county board.
The state board shall provide technical assistance to each
county board in preparing the school and school district report
cards.
Each school district board shall prepare report cards in
accordance with the guidelines set forth in this section. The
school district report cards shall be presented at a regular
school board meeting subject to applicable notice requirements
and shall be made available to a newspaper of general circulation serving the district. The school report cards shall be mailed
directly to the parent or parents of any child enrolled in that
school. In addition, each county board shall submit the
completed report cards to the state board which shall make copies
available to any person requesting them.
The report cards shall be completed and disseminated prior
to the first day of January, one thousand nine hundred
eighty-nine, and in each year thereafter, and shall be based upon
information for the current school year, or for the most recent
school year for which the information is available, in which case
the year shall be clearly footnoted.
(e) In addition to the requirements of subsection (c) of
this section, the school district report card shall list: (1)
The names of the members of the district school board, the dates
upon which their terms expire and whether they have attended an
orientation program for new members approved by the state board
and conducted by the West Virginia school board association or
other approved organizations, and other school board member
training programs; and (2) the names of the district school
superintendent and every assistant and associate superintendent
and any training programs related to their area of school administration which they have attended. The information shall
also be reported by district in the statewide school report card.
(f) The state board shall develop and implement a separate
report card for nontraditional public schools pursuant to the
appropriate provisions of this section to the extent practicable.
§18-2E-5. School accreditation; standards compliance board;
approval status; intervention to correct
impairments.
(a) The purpose of this section is to provide assurances
that a thorough and efficient system of education is being
provided for all West Virginia public school students on an equal
educational opportunity basis and that the high quality standards
are being met. A system for the review of school district
educational plans, performance-based accreditation and periodic,
random, unannounced on-site effectiveness reviews of district
educational systems, including individual schools within the
districts, shall provide assurances that the high quality
standards established pursuant to subsection (b) of this
section, are being met. A performance-based accreditation
system shall provide assurances that the high quality standards,
established pursuant to subsection (c) of this section, are being met
(b) On or before the first day of January, one thousand nine
hundred ninety-one, the state board of education shall, in
accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, establish and adopt high quality
educational standards in the areas of curriculum, finance,
transportation, special education, facilities, administrative
practices, training of school district board members and
administrators, personnel qualifications, professional
development and evaluation, student and school performance, a
code of conduct for students and employees and other such areas
as determined by the state board of education. The standards
established in the area of curriculum shall assure that all
graduates are prepared for the world of work or for continuing
postsecondary education and training and that schools and school
districts are making progress in achieving the educational goals
of the state. Each school district shall submit an annual
improvement plan designed around locally identified needs showing
how the educational program of each school in the district will
meet or exceed the high quality standards.
A performance-based accreditation system shall be the only statewide system used for accrediting or classifying the public
schools in West Virginia. The state board shall establish a
schedule and shall review each school within a district and each
school district board of education for accreditation based on
information submitted to the board under the performance-based
accreditation system as set forth in subsection (c) of this
section.
(c) On or before the first day of July September, one
thousand nine hundred ninety-one ninety-six, the state board of
education shall, in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code, establish by rule a
system which measures the quality of education and preparation of
students at performance of each school based on the following
measures of student and school performance, including, but not
limited to, the following: The acquisition of student
proficiencies as indicated by student performance by grade level
in the various subjects tested under the statewide testing of
educational progress program and other appropriate measures;
school attendance rates; the student dropout rate; the percent of
students promoted to next grade and the number of waivers of the
promotion standard granted; the graduation rate; the average class size; the pupil-teacher ratio; the number of exceptions to
pupil-teacher ratio requested by the county board and the number
of exceptions granted; the number of split-grade classrooms; the
percentage of graduates who enrolled in college, the percentage
of graduates who enrolled in other postsecondary education; the
percentage of graduates who become gainfully employed within one
year of high school graduation as reported by the graduates on
the assessment form attached to their five-year education plan;
and the percentage of graduates reporting; the percentage of
graduating students entering postsecondary education or training;
the pupil-administrator ratio; parent involvement; parent,
teacher and student satisfaction; and operating expenditures per
pupil; the percentage of graduates who attained the minimum level
of performance in the basic skills recognized by the state board
as laying the foundation for further learning and skill
development for success in college, other postsecondary education
and gainful employment and the grade level distribution during
which such requirements were met; the percentage of students
receiving special recognition of their proficiency in the
foundation level basic skills; and the percentage of graduates
who received additional certification of their skills, competence and readiness for college, other postsecondary education or
employment above the minimum foundation level basic skills.
The state board annually shall review the information
submitted for each school and shall issue to every school: (1)
Full accreditation status; or (2) probationary accreditation
status.
Full accreditation status shall be given to a school when
the school's performance on the above indicators is at a level
which would be expected when all of the high quality educational
standards are being met. Probationary accreditation status shall
be given to a school when the measure of the school's performance
is below such level.
Whenever a school is given probationary accreditation
status, the district board shall implement an improvement plan
which is designed to increase the performance of the school to a
full accreditation status level within one year.
(d) The state board of education shall establish and adopt
standards of performance to identify seriously impaired schools
and the state board may declare a school seriously impaired
whenever extraordinary circumstances exist as defined by the
state board. Whenever the state board of education determines that the quality of education in a school is seriously impaired,
the state superintendent, with approval of the state board, shall
appoint a team of three improvement consultants to make
recommendations within sixty days of appointment for correction
of the impairment. Upon approval of the recommendations by the
state board, the recommendations shall be made to the district
board of education. If progress in correcting the impairment is
not made within six months of receipt of the recommendations, the
state superintendent shall provide consultation and assistance to
the district board to: (1) Improve personnel management; (2)
establish more efficient financial management practices; (3)
improve instructional programs and policies; or (4) make such
other improvements as may be necessary to correct the
impairment. If the impairment is not corrected within one year
of receipt of the recommendations, the district shall be given
probationary approval status or nonapproval status.
(e) Whenever a school is given probationary status or is
determined to be seriously impaired and fails to improve its
status within one year, any student attending such school may
transfer once to the nearest fully accredited school, subject to
approval of the fully accredited school and at the expense of the school from which the student transferred.
(f) The state board of education shall issue one of the
following accreditation levels to each school district board of
education: (1) Full approval; (2) conditional approval; (3)
probationary approval; or (4) nonapproval.
Full approval shall be given to a district board whose
educational system meets or exceeds all of the high quality
standards adopted by the state board and whose schools have all
been given full accreditation status. Full approval shall be for
a period not to exceed four years.
Conditional approval shall be given to a district board
whose educational system meets at least ninety-five percent of
the high quality standards adopted by the state board and in
which at least ninety percent of the schools have been given full
accreditation status provided no school is seriously impaired.
Conditional approval shall be for a period not to exceed one
year: Provided, That for counties that have fewer than ten
schools, the state board of education may grant conditional
approval without regard to the ninety percent based on the total
quality of the county educational program.
Probationary approval shall be given to a district board of education whose educational system has met less than ninety-five
percent of the high quality standards, or which has eleven
percent or more schools in the district given probationary status
or serious impairment. Probationary approval is a warning that
the district board must make specified improvements. If the
number of schools in the district given probationary status is
not reduced to a number that would allow full accreditation to be
granted in the following year, the district board shall be
automatically given nonapproval. In addition, nonapproval shall
be given to a district board of education which fails to submit
an annual program plan or fails to demonstrate a reasonable
effort to meet the high quality standards. The state board of
education shall establish and adopt standards to identify school
districts in which the program may be nonapproved or the state
board may issue nonapproval status whenever extraordinary
circumstances exist as defined by the state board of education.
(g) Whenever nonapproval status is given to a district, the
state board of education shall declare a state of emergency in
the district and may intervene in the operation of the district
to: (1) Limit the authority of the district superintendent and
district board of education as to the expenditure of funds, the employment and dismissal of personnel, the establishment and
operation of the school calendar, the establishment of
instructional programs and policies, and such other areas as may
be designated by the state board by rule; (2) take such direct
action as may be necessary to correct the impairment; and (3)
declare that the office of the district superintendent is vacant.
(h) To assist the state board in determinations of the
accreditation status of schools and the approval status of school
districts under this section, the state board shall from time to
time appoint an educational standards compliance review team to
make unannounced on-site reviews of the educational programs in
any school or school district in the state to assess compliance
of the school or district with the high quality standards adopted
by the state board, including, but not limited to, facilities,
administrative procedures, transportation, food services and the
audit of all matters relating to school finance, budgeting and
administration.
The teams shall be composed of not more than ten persons,
not more than half of whom may be members of or currently
employed by the state board, who possess the necessary knowledge,
skills and experience to make an accurate assessment of such educational programs. The educational standards compliance team
shall report the findings of its on-site reviews to the state
board of education for inclusion in the determination of a
school's or district's accreditation or approval status as
applicable. The state board of education shall encourage the
sharing of information to improve school effectiveness among the
districts.
The state board shall make accreditation information
available to the Legislature, the governor, the general public
and to any individuals who request such information.
(i) The state board shall fully implement the accreditation
system established under this article for all schools on the
first day of July, one thousand nine hundred ninety-one, and may
pilot test the system prior to that date. The state board shall
adopt rules in accordance with the provisions of article three-b,
chapter twenty-nine-a of this code necessary to implement the
provisions of this article.
§18-2E-7. Providing for high quality basic skills development
and remediation in all public schools.
(a) The Legislature finds that teachers must be provided the
support, assistance and teaching tools necessary to meet individual student instructional needs on a daily basis in a
classroom of students who differ in learning styles, learning
rates and in motivation to learn. The Legislature further finds
that attaining a solid foundation in the basic skills of reading,
composition and arithmetic is essential for advancement in higher
education, occupational and avocational pursuits and that
computers are an effective tool for the teacher in corrective,
remedial and enrichment activities. Therefore, the state board
shall develop a plan which specifies the resources to be used to
provide services to students in the earliest grade level and
moving upward as resources become available based on a plan
developed by each individual school team.
This plan must provide for standardization of computer
hardware and software, and for technology upgrade and
replacement, for the purposes of achieving economies of scale,
facilitating teacher training, permitting the comparison of
achievement of students in schools and counties utilizing the
hardware and software, and facilitating the repair of equipment,
and ensuring appropriate utilization of the hardware and software
purchased for remediation and basic skills development.
The state board shall determine the computer hardware and software specifications after input from practicing teachers at
the appropriate grade levels and with the assistance of
educational computer experts and the curriculum technology
resource center.
Computer hardware and software shall be purchased either
directly or through a lease purchase arrangement pursuant to the
provisions of article three, chapter five-a of this code in the
amount equal to anticipated revenues being appropriated.
The state board shall develop and provide through the state
curriculum technology resource center a program to ensure
adequate teacher training, continuous teacher support and
updates.
To the extent practical, such technology should be utilized
to enable student access to learning tools and resources outside
of the normal school day, such as before and after school, in the
evenings, on weekends and during vacations for student use for
homework, remedial work, independent learning and career
planning.
(b) The Legislature further finds that the continued
implementation of computer utilization under this section for
high quality basic skills development and remediation in the middle schools, junior high schools and high schools is necessary
to meet the goal that high school graduates will be fully
prepared for college, other postsecondary education or gainful
employment. Further, such implementation should provide a
technology infrastructure at the middle schools, junior high
schools and high schools that has multiple applications in
helping students to achieve at higher academic levels, including
developing basic computer skills such as word processing,
spreadsheet, data base, internet, telecommunicating and graphic
presentation; helping students to develop critical thinking and
decision-making skills and the ability to apply academic
knowledge in real life situations through simulated workplace
programs; helping students to better understand the modern
workplace environment, particularly in remote areas of the state,
by bringing the workplace to the school; helping students to make
informed career decisions by providing them with information and
assistance on labor markets, labor market access and the skills
required for success in various occupations, including
information and assistance on college and other postsecondary
educational opportunities and financial aid; and helping students
to plan and execute the transition from school to college, other postsecondary education or gainful employment.
Therefore, the state board shall extend the plan as set
forth in subsection (a) of this section, and consistent with the
terms and conditions in said subsection (a), address the findings
of this subsection regarding the continued implementation of
computer hardware and software in the middle schools, junior high
schools and high schools of the state.
§18-2E-8. Jobs through education act.
(a) Findings and intent. -- The Legislature finds that the
governor, the Legislature, the West Virginia board of education
and the people of West Virginia established goals for education
through an education summit and series of town meetings in the
summer of the year, one thousand nine hundred ninety, and that
these goals were codified in section four, article one of this
chapter during the third extraordinary session of the Legislature
of that year. Among these goals is the goal that, "high school
graduates will be fully prepared for college, other postsecondary
education or gainful employment. The number of high school
graduates entering postsecondary education will increase by fifty
percent." The Legislature finds that this goal reflects a
fundamental belief of the governor, the Legislature, the West Virginia board of education and the people of West Virginia that
the result of a thorough system of free schools is that the
state's youth are fully prepared to embark upon subsequent
endeavors as responsible adult citizens. Whether the goals these
youth have set for their transition into young adulthood entail
immediate participation in the work force, continued formal
education or managing a household, they should be equipped with
the skills, competencies and attributes necessary to enhance
their ability to succeed, to continue learning throughout their
lifetimes and to attain economic self-sufficiency.
The Legislature further finds that the full preparation of
youth as indicated in these findings cannot be accomplished by
the school system alone, but requires the full and active
participation of all the stakeholders in the educational process.
Such stakeholders include, but are not limited to, employers and
employer organizations, postsecondary educational institutions or
agencies, county boards of education, regional educational
service agencies, local school improvement councils, locally
elected officials, business associations, employees, labor
organizations or associations thereof, teachers, students,
parents, community-based organizations, rehabilitation agencies and organizations, registered apprenticeship agencies, local
vocational agencies, economic development agencies, job training
agencies and organizations and employment agencies.
The intent of this section is to establish a policy
framework and strategy for the state board of education in
fulfilling its responsibility for the general supervision of free
schools to encourage and utilize the active involvement of all
stakeholders as valuable partners in appropriate and valued
functions at the state, regional and local levels. The active
involvement of stakeholders should be encouraged and utilized in
the formulation of policies and practices to achieve the goal
that high school graduates will be fully prepared for college,
other postsecondary education or gainful employment, particularly
in the delivery of programs that provide work-based learning
opportunities for students within the school or at the work site.
It is further the intent of this section to enhance the linkages
between secondary and postsecondary education, recognizing that
many skilled jobs require education beyond the high school level,
that West Virginia's goals include increased postsecondary
attendance, and that the goals for postsecondary education as set
forth in section one-a, article one, chapter eighteen-b of this code include an increased focus within higher education on
relevancy, responsiveness to business, industry, labor and
community needs, and on the current and future work force needs
of the state.
(b) Establishing partnerships. -- As soon as practical
following the effective date of this section, the governor shall
appoint a "Jobs Through Education Employer Panel" comprised of
representative stakeholders to assure the high quality
preparation of our youth to compete in the twenty-first century.
The jobs through education employer panel shall advise and assist
the state board of education, the higher education governing
boards and institutions, other postsecondary education and
training programs and agencies, and employers in assuring that
graduates are fully prepared for further education and training
or gainful employment, as the case may be, and perform other
functions as set forth in this section.
(c) Increased academic expectations for all students. --
The state board of education, with advice from the jobs through
education employer panel, shall define by rule the minimum level
of student proficiency in basic skills that lays the foundation
for further learning and skill development for success in college, other postsecondary education or gainful employment.
The goal shall be that all students will attain at least the
minimum level of proficiency in the basic foundation level skills
by no later than the end of the tenth grade. The rule shall also
establish the method of assessing student attainment of the
minimum foundation level skills. The state board may further
within such rule determine a level and method of assessment of
student proficiency above the minimum that will entitle the
students to special recognition of their academic proficiency in
foundation level skills.
With advice and assistance of the jobs through education
employer panel, the state board of education shall adopt policy
and practices to accomplish within five years in all schools a
strengthening of the rigor, content and relevance of the learning
process to help all students meet increased academic
expectations. Among the suggested policies and practices are,
providing extra help to enable all students to achieve at a
higher level; revising the instructional process so that the
student is a worker who is actively engaged in the learning
process; utilizing methodologies that enable all students to
apply academic knowledge in practical situations and problem solving; increasing the ability of students to learn
independently and become lifelong learners; integrating and
interrelating academic and technical content throughout the
curriculum; providing structured opportunities for students to
participate in credit and noncredit learning activities outside
the school that are integrated with and an extension of the
student's school-based program of study through such activities
as field trips, job shadowing, community service,
entrepreneurship development, mentoring, internships,
apprenticeships, school-based enterprises in partnership with the
private sector, and other cooperative learning experiences
connected to student educational majors and school-based
instructional programs; ensuring numerous opportunities for cross
disciplinary learning to emphasize the importance of reading,
writing, speaking, listening, viewing and other necessary skills,
competencies and personal qualities for success in adult life;
affording opportunities for teachers to plan and work together
and exercise their professional judgment in the classroom; and
utilizing computers and other technologies to provide
opportunities for creative instruction, both individually and in
groups in all subjects.
(d) Career development. -- The state board of education,
with advice and assistance from the jobs through education
employer panel, shall adopt policy and practices to accomplish
within five years in all schools the elimination of student
grouping or tracking systems that result in high school students
completing a general curriculum that does not fully prepare them
for college, other postsecondary education or gainful employment.
Such system shall be replaced with a system of career clusters
and educational majors that uses classroom instructional methods,
business and community volunteers, technology, structured work-
based and other experiences inside and outside the classroom to
help students learn about themselves and the workplace, explore
their interests and opportunities, set goals for the future, and
realize the value of academic learning to achieving those goals.
Such a system should begin in the early grades by giving students
an awareness of the workplace and the relevance of school to
success in adult life. It should help students in the middle
grades assess and explore their interests and abilities in broad
career cluster areas, access information on occupational skills
and labor markets and involve their parents and the school in the
preparation of a two-year educational plan by the completion of the eighth grade that includes the selection of a broad career
cluster for further exploration in grades nine and ten. It
should focus in grades nine and ten on completion of the
rigorous, relevant core of academic and skill requirements
expected of all students that lays a foundation for further
learning and skill development while the student continues to
explore his or her interests and abilities within a specific
career cluster. By the completion of the tenth grade, the
student, the parents and the school should be involved in the
preparation of the remaining three years of the five-year
educational plan that includes the selection of an educational
major and requires the student to plan activities for the year
following graduation from high school. Finally, it should focus
on preparation for college, other postsecondary education or
gainful employment in grades eleven and twelve based on the
student's educational major and five-year educational plan. The
five-year educational plan shall include an assessment form for
the student to return to the school at the end of the third year
evaluating his or her success in college, other postsecondary
education or gainful employment and the strengths and weaknesses
of his or her five-year educational plan preparation. Information from the assessment form shall be utilized at the
school and county levels for improvement of the educational
process and shall be reported to the state board for use in
assessing the performance of the school.
(e) Work-based learning. -- Central to the educational
preparation process is an awareness of the work environment and
how the skills the student is acquiring will be applied in that
environment. Broadly defined, work-based learning opportunities
are activities that help students gain an awareness of the
workplace, develop an appreciation of the relevancy of academic
subject matter to workplace performance, and gain valuable work
experience and skills while exploring their occupational
interests and abilities. Work-based learning is a structured
activity that correlates with and is mutually supportive of the
student's school-based learning and includes specific objectives
to be learned by the student as a result of the activity. Work-
based learning opportunities should provide students in the early
grades with activities such as field trips, speakers in the
classroom, courses such as Junior Achievement taught by
volunteers in the classroom, job shadowing and other such
activities to increase their awareness of the workplace. Work-based learning should become more narrowly focused in the later
grades with activities such as structured community service,
apprenticeships, cooperative education, school-based enterprises,
workplace simulations, and other work-site placements. To the
extent possible, student work-based learning, and particularly
work-site learning, should be jointly assessed by a school-based
educator or advisor and a work-based mentor who possesses the
skills set forth in the student's work-based learning objectives
and who has been trained in mentoring and assessing student
performance. With advice and assistance from the jobs through
education employer panel, the state board shall develop policy
and practices to establish such work-based opportunities for all
students within the next five years in all schools.
(f) Electronic portfolio of student accomplishments and
preparation. -- For the purpose of better documenting the
preparation of high school graduates for college, other
postsecondary education or gainful employment, the state board of
education shall develop an electronic portfolio which will be a
permanent record for every student issued by the county board of
education of the student's accomplishments during his or her
educational preparation. The electronic portfolio shall include, but not be limited to:
(1) Documentation of the student's attendance, grades,
accomplishments, educational plans, educational major interests,
curriculum, special activities, honors and advanced education and
other items appropriate for inclusion on the portfolio as
determined by state board policy;
(2) Documentation of special areas of interest and advanced
achievement for each student;
(3) Certification that the student has attained the minimum
level of proficiency in the basic skills that lays the foundation
for further learning and skill development for success in
college, other postsecondary education or gainful employment and
any special recognition of the student's proficiency above the
minimum foundation level as determined pursuant to subsection (c)
of this section; and
(4) Certification of the student's skills, competence and
readiness for college, other postsecondary education or
employment, as indicated by: (i) College entrance tests; (ii)
specialized assessments that measure the attainment of necessary
skills and competencies required in the workplace; (iii) the
attainment of industry recognized credentials, licensure or certification; (iv) the completion of nationally accredited
technical education programs; (v) performance in specialized
learning experiences such as paid and/or unpaid structured work-
based learning in the private or public sectors, including, but
not limited to, registered youth apprenticeships, internships,
cooperative education, community service, entrepreneurship
development, and school-based enterprises in partnership with the
private sector; and (vi) other such indicators relevant to the
student's skills, competence and readiness for college, other
postsecondary education or employment. The certification of
skill, competency and readiness for a particular industry or
occupation to be included on the electronic portfolio, including
certification offered by an institution of higher education or
other job training program, shall require the approval of an
appropriate entity recognized by the jobs through education
employer panel as consisting of persons possessing the skill and
competency and/or employing persons who possess the skill and
competency relevant to the skill, competency and readiness being
certified. Local education agencies, institutions of higher
education and other job training programs desiring to issue such
certification to meet local labor market or community needs and circumstances may apply to the panel for such approval. To the
extent possible, such certification shall provide the student
with a proficiency credential that is widely recognized and
accepted within an industry or occupational area as a reliable
indicator of the student's ability. The jobs through education
employer panel shall consult other established skill standards
for use in certifying proficiency in skill, competence and
readiness within specific industries and occupations. The intent
of these provisions for the certification of a student's skill,
competence and readiness for college, other postsecondary
education or employment, by an appropriate entity recognized by
the jobs through education employer panel is to provide a formal
mechanism for the ongoing alignment of the certification of
student skill, competency and readiness with current minimum
requirements for success in the industry or occupational area for
which the student is preparing, including requirements which will
be met through additional education in college or other
postsecondary education.
(g) Staff development. -- Meeting the intent and
objectives of this section will require a continued focus on
staff development to increase the ability of teachers to employ various methodologies for strengthening the rigor, content and
relevance of the learning process to help all students achieve at
higher levels, to help students internalize the relationship
between learning in school and success in the careers they
envision for themselves in adult life, and to use student
assessment and program evaluation information to continually
check and improve the curriculum, instruction, school climate and
school organization and management. Therefore, in developing the
policies and practices as specified in this section the state
board shall establish a phased implementation of the program
improvements that includes appropriate staff development
activities. Such policies, practices and staff development
activities shall be developed and implemented in collaboration
with and utilizing the resources of the state department of
education, institutions of higher education, the professional
standards board, the center for professional development and
county staff development councils and shall include both
in-service and preservice preparation programs and provisions for
continuing education credit for structured nonacademic and work-
based learning experiences that help teachers increase the
relevancy of academic learning to success in the workplace. When programs of study are articulated with programs at the college or
other postsecondary level, staff development activities should be
designed to include participation by the appropriate college or
other postsecondary faculty.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-1e. Public education and higher education collaboration
for the preparation of students for college and
other postsecondary education.
The purpose of this section is to assist student planning
and preparation in the pursuit of educational major interests in
the public schools that entail further formal education in
college and other postsecondary education, and to assist student
attainment of the knowledge, skill and competency needed to
succeed in college and other postsecondary education.
The higher education governing boards in consultation with
the state board of education and the jobs through education
employer panel established pursuant to section eight, article
two-e, chapter eighteen of this code, shall define the minimum
expected level of knowledge, skill and competency a student must
possess to be fully prepared for college and other postsecondary
education at state institutions of higher education. The higher education governing boards and the state board of education shall
collaborate in the establishment of compatible policies and
practices within their separate systems to communicate this
minimum expected level of knowledge, skill and competency to
students, parents, educators and counselors in the public
schools, and admissions officers, advisors and faculty in the
higher education institutions. The higher education governing
boards shall also assure that the teacher preparation programs in
state institutions of higher education prepare educators to, at
a minimum, deliver instruction necessary to fully prepare
students for college and other postsecondary education, as
defined pursuant to this section.
These policies and practices shall be coordinated with and
further the accomplishment of such other policies and practices
for increased academic expectations for all students, career
development, work-based learning, defining and certifying student
proficiencies and staff development provided in section eight,
article two-e, chapter eighteen of this code and shall utilize,
as applicable, the technology infrastructure in middle schools,
junior high schools and high schools as set forth in section
seven, article two-e, chapter eighteen of this code. In developing these policies and practices, the higher education
governing boards and the state board of education shall also
consult the provisions of section five, article three-c of this
chapter for suggested practices established by the higher
education advocacy team through its town meetings.
To provide continuous feedback and program improvement in
the preparation of high school students for success in college or
other postsecondary education, the higher education governing
boards shall report to the state board of education by the first
day of December in each year, beginning in December, one thousand
nine hundred ninety-seven, or as soon thereafter as the
establishment of an electronic portfolio system permits, the
number of graduates from the public schools in the state by high
schools who were accepted in the last calendar year for
enrollment at each of the state institutions of higher education
within one year of graduation, whose electronic portfolio
indicated intended preparation for college or other postsecondary
education, and whose knowledge, skill and competency were below
the minimum expected levels for full preparation as defined by
the governing boards. The governing boards shall also report the
areas in which the student's knowledge, skill and competency were below the minimum expected level. The state board shall provide
information to each of the high schools of the state for
graduates from the high school.
NOTE: The purpose of this bill is to create a Jobs Through
Education Act that encourages stronger partnerships with the
private sector and other stakeholders to assure that all
graduates are fully prepared for college, other postsecondary
education and gainful employment. The bill provides for an
increased focus on achieving the Education Goals that were
established in 1990 by the Governor, the Legislature, the West
Virginia Board of Education and the people of West Virginia
through an Education Summit and series of town meetings.
Particular attention is given to Goal Five which states that
"High school graduates will be fully prepared for college, other
postsecondary education or gainful employment. The number of
high school graduates entering postsecondary education will
increase by fifty percent." A new section (§18-2E-8) entitled
the "Jobs Through Education Act" requires the State Board of
Education to include all stakeholders in the establishment of
policies and practices, and program delivery to: (1) Eliminate
and replace the general track with a system of career clusters
and educational majors that helps students learn about the
workplace, explore their interests and options, establish goals,
and plan for college, other postsecondary education or gainful
employment following graduation; (2) strengthen the rigor,
content and relevance of the learning process to help all
students become actively engaged in the learning process and
achieve at higher levels, use academic knowledge for practical
applications and problem solving, learn independently and become
life long learners, and gain real work-based learning experience;
(3) include employers, craft persons, trade associations,
postsecondary education and other persons who possess relevant
knowledge in a field, including national accreditation,
licensure, certification and other industry recognized
credentials in establishing certificates as a valuable and portable credential of student skill, competency and readiness
for college, other postsecondary education or employment; and (4)
providing increased staff development, preservice education and
continuing education relevant to meeting this goal for better
prepared graduates. The bill also provides guidelines for the
expansion of the basic skills computer program into middle,
junior and high schools as a multiapplication technology
infrastructure supportive of achieving this goal.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§18-2E-8 and §18B-1-1e are new; therefore, strike-throughs
and underscoring have been omitted.