H. B. 4594


(By Delegates Hall, Mezzatesta, Manuel, Williams,

Anderson, Gillespie and Webb)


(Originating in the Committee on Education)


[February 26, 1998]


A BILL to amend and reenact section six, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article two-e of said chapter by adding thereto a new section, designated section eight-a; and to amend and reenact section one-e, article one, chapter eighteen-b of said code, all relating to voiding provisions for development of an electronic portfolio by the state board of education and their future effect.

Be it enacted by the Legislature of West Virginia:
That section six, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that article two-e of said chapter be amended by adding thereto a new section, designated section eight-a; and that section one-e, article one, chapter eighteen-b of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6. Classification and standardization of schools; standardsfor degrees and diploma; certificates of proficiency; establishment of alternative education programs.

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.
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.
Notwithstanding any other provisions of this section to the contrary, the requirement for granting certificates of proficiency shall be replaced by the requirement that information be 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 the appropriate county board: Provided, That the requirements for granting certificates of proficiency shall be continued until such time as the electronic portfolio system has been made available to the county boards.
The state board also may establish policies and procedures for the approval of alternative education programs for disruptive students who are at risk of not succeeding in the traditional school structure. These policies and procedures may provide for the waiver of other policies of the state board, the establishment and delivery of a nontraditional curriculum, establishment of licensure requirements for alternative education program teachers, and the establishment of performance measures for school accreditation.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-8a. Electronic portfolio repealed.
Notwithstanding the provisions of subsections (i) and (j), section eight of this article, information on student attainment of special skills, honors, advanced education, exceptional performance and other outstanding accomplishments shall be included on the certificate of proficiency granted to eligible high school graduates along with the diploma pursuant to section six, article two of this chapter. All provisions for development of an electronic portfolio by the state board are hereby null and void and without future effect.
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 post-secondary education.

(a) Purpose. -- The purpose of this section is as follows:
(1) To assist students in the planning and preparation for success in college and other post-secondary education if their education major interests require such formal education after high school;
(2) To establish the minimum expected level of knowledge, skill and competency a student must possess to be prepared fully for college and other post-secondary education at state institutions of higher education;
(3) To implement a method for communicating the minimum 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; and
(4) To assure that the teacher preparation programs in state institutions of higher education prepare educators to, at a minimum, deliver instruction necessary to prepare students fully for college and other post-secondary education or gainful employment consistent with the provisions of section eight, article two-e, chapter eighteen of this code.
(b) Joint rule. -- On or before the first day of October, one thousand nine hundred ninety-six, the higher education governing boards shall promulgate a joint rule to achieve the purposes of subsection (a) of this section. In the development of such rule, the governing boards shall consult with the state board and the jobs through education employer panel, established pursuant to section eight, article two-e, chapter eighteen of this code, and shall collaborate with the state board in the establishment of compatible practices within their separate systems.
(c) Assessment of student readiness. -- To provide continuous assessment and program improvement in the preparation of high school students for success in college or other post- secondary education, the higher education governing boards shall communicate to the state board and the legislative oversight commission on education accountability 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 readiness for college or other post-secondary 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 also shall report the areas in which the knowledge, skill and competency of the students 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 repeal provisions for the development of an electronic portfolio 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.

§18-2E-8a is new; therefore, strike-throughs and underscoring have been omitted.