H. B. 4438


(By Delegates Williams, Manuel, Hubbard,
Anderson, Osborne, Beach and Stemple)
[Introduced February 16, 1998; referred to the
Committee on Education then Finance.]



A BILL to amend article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-four, relating to county boards of education; and mandatory summer school, with rules and funding programs.

Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section forty-four, to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

 §18-5-44. Legislative findings; mandatory summer school; rules; funding programs.
(a) The Legislature hereby finds and acknowledges that if remediation is necessary, it should be provided when students are younger and before patterns of failure are established. The Legislature further acknowledges the people of West Virginia would be better served if the state acted to ensure that all public school students were able to read at or above grade level upon exiting grade three, that county boards of education are in the best position to determine if remediation is necessary for students in grades four and five and that the counties should have the option of providing summer school for students and requiring attendance to be eligible for promotion to the next grade.
The Legislature further finds that not all students are financially able to pay for summer school, nor do all county schools hold summer school. It is therefore the purpose of this section to allow the county boards of education of West Virginia to either individually or cooperatively provide free summer school and summer school transportation to those students in kindergarten through grade three who did not perform at grade level during the regular school year and to ensure that students in kindergarten through grade three who are identified as in danger of not being able to read at grade level by the end of the school year receive intensive reading instruction during their regularly scheduled reading time throughout the regular school year.
It is further the purpose of this section to allow the county boards of education of West Virginia to either individually or cooperatively provide free summer school and summer school transportation to students in grades four and five who did not perform at grade level during the regular school year.
(b) Each student in kindergarten through grade three who did not perform at grade level during the regular school year may attend summer school to be eligible for promotion to the next grade.
Students in kindergarten through grade three who are identified by the classroom teacher as in danger of not being able to read at grade level by the end of the school year should receive intensive reading instruction during their regularly scheduled reading time throughout the regular school year.
Any county board of education may require a student in grade four or five who did not perform at grade level to attend summer school to be eligible for promotion to the next grade.
(c) The state board of education shall promulgate rules for the implementation of this section.
(d) The state board of education may fund, from any funds available for such purposes, the programs required by this section for students in kindergarten through grade three and any programs required by state board of education rules such as, but not limited to, the following:
(1) Tutoring;
(2) Summer school educational services;
(3) Additional certified personnel to provide intensive instruction in reading throughout the school year;
(4) Staff development for teachers; and
(5) Hot meal programs.
(e) Any county board of education may apply to the state board of education for a waiver for use of in-school and summer school remediation funds.
(f) The savings from not providing free summer school and summer school transportation to students in grades four and five who did not perform at grade level during the regular school year should be expended in the intensive reading instruction program provided throughout the school year to students in kindergarten through grade three who are identified by the classroom teacher as in danger of not being able to read at grade level by the end of the school year.




NOTE: The purpose of this bill is to provide for mandatory summer school.

This section is new; therefore, strike-throughs and underscoring have been omitted.