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.