H. B. 2857
(By Delegate Gillespie)
[Introduced March 28, 1997; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section eight, article two-e, chapter eighteen, of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
background checks on jobs through education mentors; state board to pay costs of
checks.
Be it enacted by the Legislature of West Virginia:
That section eight, article two-e, chapter eighteen, of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-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 postsecondary
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;
(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.
(3) All individuals participating in a work-based learning
program who have contact with students, whether in a classroom,
at a workplace or other site, shall undergo the same background
check, including, but not limited to, the fingerprinting required
for the record request check through the state police, which is
required of board of education employees. The costs associated
with such background checks shall be paid by the state board of
education.
(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 recordkeeping 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 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
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 Uuniversity to be selected by the president of the
university; a representative of Marshall Uuniversity, 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, except those costs associated with
background checks as set forth in subsection (g) above.
NOTE: The purpose of this bill is to require that individuals
participating in the work-based learning programs who come into
contact with students have the same background checks, including
fingerprinting, required of any board of education employee. The
bill requires that the costs of such background checks be paid by
the state board of education.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.