H. B. 2819


(By Delegate Hubbard, Anderson, Gillespie, Leggett and Leach)
[Introduced March 28, 1997; referred to the
Committee on Education.]




A BILL to amend and reenact sections four, five and eight, article two-e, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to education and removing grades K, one and two from standardized testing.

Be it enacted by the Legislature of West Virginia:
That sections four, five and eight, article two-e, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
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 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) 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 3-12 in the various subjects measured pursuant to a uniform statewide assessment program adopted by the state board; school attendance rates; the percent of students not promoted to next grade; and the graduation rate;
(2) 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; percentage distribution of students by career cluster as indicated on the individualized student transition plan; 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, created pursuant to section two, article five-a of this chapter; and
(4) The name or names of the business partner or partners of the school.
In addition, every county board 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 county 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 county 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 county 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 education opportunity basis and that the high quality standards are being met. A system for the review of school district education plans, performance-based accreditation and periodic, random, unannounced on-site effectiveness reviews of district education systems, including individual schools within the districts, shall provide assurances that the high quality standards established in this section are being met.
(b) On or before the first day of November, one thousand nine hundred ninety- six, the state board shall, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, establish and adopt high quality education standards in the following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student and school performance;
(12) A code of conduct for students and employees; and
(13) Any other such areas as determined by the state board.
The standards shall assure that all graduates are prepared for gainful employment or for continuing postsecondary education and training and that schools and school districts are making progress in achieving the education goals of the state. Each school district shall submit an annual improvement plan designed around locally identified needs showing how the education 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 county board 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 September, one thousand nine hundred ninety-six, the state board 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 each school based on measures of student and school performance, including, but not limited to, the following:
(1) The acquisition of student proficiencies as indicated by student performance by grade level 3-12 measured, where possible, by a uniform statewide assessment program;
(2) School attendance rates;
(3) Student dropout rate;
(4) Percent of students promoted to next grade;
(5) Graduation rate;
(6) Average class size;
(7) Pupil-teacher ratio and number of exceptions to ratio requested by county boards and number granted;
(8) Number of split-grade classrooms;
(9) Percentage of graduates who enrolled in college; the percentage of graduates who enrolled in other postsecondary education; and the percentage of graduates who become fully employed within one year of high school graduation all as reported by the graduates on the assessment form attached to their individualized student transition plan, pursuant to section eight of this article and the percentage of graduates reporting;
(10) Pupil-administrator ratio;
(11) Parent involvement;
(12) Parent, teacher and student satisfaction;
(13) Operating expenditures per pupil;
(14) Percentage of graduates who attain 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 in which the minimum level of performance was met; and
(15) 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 of basic skills.
The state board annually shall review the information submitted for each school and shall issue to every school: (i) Full accreditation status; or (ii) 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 education standards are being met. Probationary accreditation status shall be given to a school when the measure of the school's performance is below such the level.
Whenever a school is given probationary accreditation status, the county 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 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 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 county board. 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 county board to: (1) Improve personnel management; (2) establish more efficient financial management practices; (3) improve instructional programs and rules; 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 shall issue one of the following accreditation levels to each county board: (1) Full approval; (2) conditional approval; (3) probationary approval; or (4) nonapproval.
Full approval shall be given to a county board whose education 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 county board whose education 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 may grant conditional approval without regard to the ninety percent based on the total quality of the county education program.
Probationary approval shall be given to a county board whose education 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 county 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 county board shall be automatically given nonapproval. In addition, nonapproval shall be given to a county board which fails to submit an annual program plan or fails to demonstrate a reasonable effort to meet the high quality standards. The state board 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.
(g) Whenever nonapproval status is given to a county, the state board 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 county superintendent and county board 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 rules and such any 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 county 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 education standards compliance review team to make unannounced on-site reviews of the education 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 education programs. The education standards compliance team shall report the findings of its on-site reviews to the state board for inclusion in the determination of a school's or district's accreditation or approval status as applicable. The state board 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-8. Creating jobs through education.
(a) Findings and intent. -- The Legislature finds that the governor, the Legislature, the state board 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 prepared fully for college, other postsecondary education or gainful employment and that the number of high school graduates entering postsecondary education will increase by fifty percent. The Legislature finds that this goal reflects a fundamental belief that the result of a thorough and efficient system of free schools is that the youth of the state exit the system equipped with the skills, competencies and attributes necessary 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 partnership with parents and people from business, labor, higher education, economic development and other organizations and entities in the community that have an interest in providing quality education. Therefore, the intent of this section is to establish a policy framework and strategy for the state board in fulfilling its responsibility for the general supervision of free schools in order to encourage and utilize actively involved partnerships in the formulation of rules and practices to achieve the goal that high school graduates will be prepared fully 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 workplace. The Legislature recognizes that many skilled jobs require education beyond the high school level, that the goals of West Virginia 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. Therefore, it is further the intent of this section to enhance the linkages between secondary and post- secondary education.
(b) Comprehensive goals for jobs through education. -- The Legislature hereby establishes the following goals to be accomplished by the year two thousand one for all students in all schools:
(1) The elimination of student grouping or tracking systems that result in high school students completing a general curriculum that does not prepare them fully for college, other postsecondary education or gainful employment;
(2) The replacement of the general curriculum, as stated in subdivision (1) of this subsection, with a system of career clusters and education majors that increases the academic expectations for all students, includes a system of career information and guidance and incorporates structured work-based learning;
(3) The requirement that every student, in consultation with his or her parents and school advisor, establish an individualized student transition plan covering grades nine through twelve and the first year beyond graduation from high school;
(4) The active involvement of partners at the state, regional and local levels in assuring the full preparation of graduates for college, other postsecondary education or gainful employment;
(5) The creation of a process through which qualified graduates will receive a portable credential that is recognized and valued by employers as an indicator of the skills, competence and readiness for employment of the graduates; and
(6) The implementation of continuous program assessment, program improvement and staff development.
(c) Increased academic expectations and career development for all students. -- The Legislature finds that there is a need to establish higher academic expectations and a system of career development for all students that contains the following elements:
(1) Assessment. -- The implementation of an assessment program that measures student performance by grade level and assesses student attainment of the basic academic foundation skills. Given the developmental characteristics and needs of children five to eight years of age, the statewide assessment program will not include paper and pencil multiple-choice, group administered, standardized tests at the K-2 level. The assessment component at these levels will consist of systematic reporting forms and checklists developed/chosen at the county and school level. The assessments will reflect sound early childhood practice and age-appropriate skills and objectives, and will be used to assess student progress and to identify individual instructional needs to improve instruction. Samples of each county's forms will be kept on file by the state department of education;
(2) Focus on basic skills in kindergarten through fourth grade. -- The strengthening and refocusing of kindergarten through fourth grade in order to assure that all students perform at grade level at the completion of the fourth grade by concentrating on teaching the basics of reading, writing, mathematics and computer skills;
(3) Development of rigorous curriculum. -- The development and implementation of a rigorous and relevant curriculum of basic academic requirements that lays a foundation for further learning and skill development. The proficiencies of the students shall be assessed at the end of the eighth grade and all students should attain the basic academic requirement levels by no later than the end of the tenth grade;
(4) Career exploration in grades five through eight. -- The exploration by students in the fifth through eighth grades of their interests and abilities in career clusters through accessing information about occupational skills and labor markets;
(5) Creation and initial implementation of individual student transition plan for grades nine and ten. -- The creation, by the end of the eighth grade, of the first two years of an individualized student transition plan that builds upon career awareness and exploration activities in the earlier grades and enables the student in consultation with his or her parents and school advisor to select a broad career cluster for further exploration in grades nine and ten;
(6) Choosing career majors for grades eleven through postsecondary. -- The creation of the second part of the individualized student transition plan by the end of the tenth grade. The second part of the individualized student transition plan shall establish a career major for the final years of high school and the first year after high school that will prepare the student for college, other postsecondary education or gainful employment;
(7) Implementation of career majors. -- The fulfillment of the secondary education component of the career major in grades eleven and twelve, including the successful completion of the necessary curriculum and participation in work-based learning experiences; and
(8) Completion of individualized student transition plan and assessment. -- The completion of the individualized student transition plan in the first year following graduation from high school by attending college, other postsecondary education or securing gainful employment. The state board shall provide an assessment form to be completed by the student and returned to the high school upon the completion of the individualized student transition plan. The form shall provide for the student to report his or her success in completing the plan and the strengths and weaknesses of his or her education preparation.
(d) Report of recommendations on comprehensive career development. -- To assist in the establishment of a comprehensive career development system, the state school-to-work steering committee shall report to the state board and the legislative oversight commission on education accountability by the first day of November, one thousand nine hundred ninety-six, the recommendations of the career guidance committee established pursuant to the state school-to-work implementation plan.
(e) Guidelines for increasing the ability of all students to meet higher academic expectations and become self-motivated learners. -- Practices that increase the academic expectations for all students and help them to succeed in achieving those higher expectations include, but are not limited to:
(1) Utilizing instructional methods that require the student to be a worker who is actively engaged in the learning process;
(2) Utilizing methodologies that require students to apply academic knowledge in practical situations and problem solving;
(3) Utilizing computers and other technologies to provide opportunities for creative instruction, both individually and in groups in all subjects;
(4) Providing structured opportunities for students to participate in credit and noncredit learning activities outside the school that are integrated with and are an extension of the school-based program of study for the student 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 education majors and school-based instructional programs;
(5) Integrating and interrelating academic and technical content throughout the curriculum and ensuring numerous opportunities for cross-disciplinary learning to emphasize the importance of reading, writing, speaking, listening and viewing; and
(6) Encouraging teachers to plan and work together and exercise their professional judgment in the classroom.
(f) Establishing partnerships. -- As soon as practicable following the effective date of this section, the governor shall appoint or designate a "Jobs Through Education Employer Panel", to assure the high quality preparation of our youth for college, other postsecondary education or gainful employment. The jobs through education employer panel shall advise and assist the state board, the higher education governing boards and institutions, other postsecondary education training programs and agencies and employers in assuring that graduates are prepared fully for further education and training or gainful employment and shall perform other functions as set forth in this section. In providing such advice and assistance and in the performance of such other functions, the jobs through employer panel shall solicit input from the county steering committees.
As soon as practicable, following the effective date of this section, county boards shall appoint a county steering committee that includes parents and people from business, labor, higher education, economic development, local school improvement councils, faculty senates and other organizations and entities in the community as valuable partners in developing and implementing a system within the county that meets the intent of this section and adheres to the rules of the state board. The membership of the county steering committee and participation in the community and technical college district consortia committee, as created by section three-a, article three, chapter eighteen-b of this code, shall be coordinated to the extent that it is practical.
(g) Guidelines for work-based learning. -- Work-based learning is a structured activity that correlates with and is mutually supportive of school-based learning for the student, and includes specific objectives to be mastered by the student as a result of the activity. It is central to the education preparation process to develop within the student 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 assist students to 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. Incorporating work- based learning as a central part of the education process and also as a final step in the formal education process includes, but is not limited to:
(1) Providing students in the early grades with activities such as field trips, career-oriented speakers in the classroom, courses such as junior achievement which are taught by volunteers in the classroom, job shadowing and other such activities to increase student awareness of the workplace; and
(2) Providing students in the later grades, including college and other postsecondary education, with activities such as structured community service, apprenticeships, internships, clinical experiences, cooperative education and other work-site placements, school-based enterprises, workplace simulations and entrepreneurial development, that provide students with more specific work experience in an occupational area associated with their education major.
To the extent possible, student work-based learning, and particularly workplace 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 work-based learning objectives of the student, and who has been trained in mentoring and assessing student performance.
(h) Special consideration for providing work-based learning in counties with few opportunities for employment. -- Providing work-based learning opportunities for all students in counties with few employers will be particularly difficult. While the following additional examples of ways to increase opportunities for work-based learning are applicable for all counties, they are most important in counties with few employers. Additional examples include, but are not limited to:
(1) Computer software that simulates workplace situations and problem solving;
(2) Interactive and other technology to bring an exposure to the workplace into the classroom;
(3) Community service;
(4) Partnerships with city, state and county government for work-based placements;
(5) Volunteer programs, such as junior achievement and other programs that utilize volunteers trained to deliver work-related instruction;
(6) Assumption of record keeping and other measures by the schools, or through the use of community-based organizations or other intermediaries, that make it easier for small businesses to participate in accepting students for workplace learning;
(7) Rural entrepreneurship through action learning programs;
(8) School-based enterprises;
(9) Projects through 4-H, scouts, junior ROTC and other school and nonschool student and civic organizations;
(10) Multiple partnerships with existing employers, such as hospitals that have multiple departments;
(11) Agricultural education, FFA projects and supervised work experience programs; and
(12) Programs at vocational-technical education centers.
The state board shall make recommendations to the Legislature by the first day of November, one thousand nine hundred ninety-six, on any further actions that may be appropriate to assist counties with few employers in providing work-based learning opportunities for all students.
(i) 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 shall develop an electronic portfolio which will be a permanent record for every student. The electronic portfolio shall be issued by the appropriate county board and shall include the accomplishments of the student during his or her education preparation. Upon request, students shall receive the contents of the electronic portfolio in written or computer readable form. The electronic portfolio shall be subject to the same confidentiality and disclosure laws and rules as any other student records. The electronic portfolio shall include, but not be limited to:
(1) Documentation of attendance, grades, accomplishments, education plans, education major interests, curriculum, special activities, honors and advanced education and other items appropriate for inclusion in the portfolio as determined by state board rule to present the accomplishments and achievements of the student;
(2) A separate area for the student to enter presentations, examples and other information on his or her special areas of interest and advanced achievement;
(3) Certification of student attainment of 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
(4) Certification of the 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 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 indicators relevant to the student's skills, competence and readiness for college, other postsecondary education or gainful employment.
(j) Guidelines for certification on the electronic portfolio of student skills, competencies and readiness for employment. -- The certification of student skills, competencies 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 programs, shall require the approval of an appropriate entity designated by the jobs through education employer panel. Local education agencies, institutions of higher education and other job training programs desiring to issue such the certification to meet local labor market or community needs and circumstances may apply to the panel for such the approval. To the extent possible, such the 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 ability of the student. The jobs through education employer panel shall consult other established skill standards for use in certifying proficiency in skills, competencies and readiness within specific industries and occupations. The intent of these provisions is to provide a formal mechanism for the ongoing alignment of the certification of student skills, competencies 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.
(k) Staff development. -- Meeting the intent and objectives of this section will require a continued focus on staff development to increase the ability of teachers and administrators to employ various methodologies for strengthening the rigor, content and relevance of the learning process and help all students achieve at higher levels. Teachers and administrators must know about workplace requirements to help students internalize the relationship between learning in school and success in the careers they envision for themselves in adult life. The use of student assessment and program evaluation information continually to check and improve the curriculum, instruction, school climate and school organization and management, is critical to maintaining high quality instruction that is relevant to changing workplace requirements. Staff development opportunities shall include, but not be limited to:
(1) Designation by the state board of exemplary counties and schools that have implemented comprehensive school-to-work systems as model demonstration sites to be visited and observed;
(2) Collaboration and utilization of the resources of the state department of education, institutions of higher education, the center for professional development and county staff development councils for both in-service and preservice preparation programs;
(3) Teacher and business exchange programs that enable teachers to gain exposure and experience in the workplace and business persons to gain exposure and experience in the schools; (4) Structured programs or institutes that take educators into the workplace to observe the work environment and skills necessary to perform work tasks; and
(5) Staff development activities which include joint participation by public school, college and other postsecondary faculty where appropriate.
(l) Study committee for staff development credits. -- There is hereby created a study committee to make recommendations on the feasibility of, and the possible process for, crediting staff development activities toward fulfilling the requirement for renewal of certificates, pursuant to section three, article three, chapter eighteen-a of this code, and the progression through the state minimum salary schedule, pursuant to section two, article four of said chapter. The committee shall consist of the chancellor of the university of West Virginia board of trustees, or a designee; the state superintendent, or a designee, who shall serve as chair of the committee; a member of the state board, to be selected by the state board; a representative of West Virginia University to be selected by the president of the university; a representative of Marshall University, to be selected by the president of the university; a representative of the West Virginia Graduate College, to be selected by the president of the college; four classroom teachers to be appointed by the governor within thirty days of the effective date of this section; and the director of the center for professional development or a designee. Such committee shall report its recommendations to the legislative oversight commission on education accountability by the first day of January, one thousand nine hundred ninety-seven.
(m) State board rule. -- On or before the first day of November, one thousand nine hundred ninety-six, the state board, with advice from the jobs through education employer panel, and in consultation with the higher education governing boards, shall adopt a rule in accordance with the provisions of article three- b, chapter twenty-nine-a of this code for the implementation of this section. The rule shall allow flexibility for local variation to meet local circumstances and shall establish a five-year plan for phased implementation. The proposed rule developed pursuant to this section shall contain a financial impact statement as well as a job impact statement.
(n) Any study groups or committees created by the state board to assist in development of policies or rules for the implementation of this section shall contain significant representation by classroom teachers as defined by section one, article one, chapter eighteen-a of this code. Further, the state board shall include in its annual budget request sufficient funds to implement programs, policies or rules adapted to meet the goals set out in this section: Provided, That nothing in this section shall be construed to require any specific level of funding by the Legislature.



NOTE: The purpose of this bill is to remove standardized testing for grades K, one and two, but to retain methods for student assessment.

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