H. B. 2402
(By Delegates Mezzatesta, Beach, Wakim, Louisos and Tabb)
(Originating in the Committee on Education)
[January 17, 2003]
A BILL to amend and reenact sections eighteen and forty-four,
article five, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to
amend and reenact section fifteen, article nine-a of said
chapter, all relating to early childhood education programs;
removing early childhood programs as category of public
school kindergarten; stipulating that early childhood
education is not part of system of free schools; excluding
federal preschool handicapped from section; removing
compulsory school attendance requirement for early childhood
programs; making implementation a state goal; requiring
integration of public and private programs; providing for
other public and private program certification by county
boards with appeal to state superintendent; authorizing
county boards to assist and contract with other public and private programs; providing for separate appropriation for
early childhood programs and limiting use of funds;
providing standards for personnel and removing requirement
that early childhood teachers be certified; requiring
legislative approval of increase in total number of students
enrolled in programs; creating advisory council; and
excluding children below age five from allowance for
increased enrollment.
Be it enacted by the Legislature of West Virginia:
That sections eighteen and forty-four, article five, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that
section fifteen, article nine-a of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18. Kindergarten programs.
(a) County boards shall provide kindergarten programs for
all children who have attained the age of five prior to the first
day of September of the school year in which the pupil enters the
kindergarten program. and may, pursuant to the provisions of
section forty-four, article five, chapter eighteen of this code,
establish kindergarten programs designed for children below the
age of five. The programs for children who shall have attained
the age of five shall be full-day everyday programs.
(b) Persons employed as kindergarten teachers, as
distinguished from paraprofessional personnel, shall be required
to hold a certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board. The
state board shall establish and prescribe guidelines and criteria
setting forth the minimum requirements for all paraprofessional
personnel employed in kindergarten programs established pursuant
to the provisions of this section and no such paraprofessional
personnel shall be employed in any kindergarten program unless he
meets such minimum requirements.
(c) The state board with the advice of the state
superintendent shall establish and prescribe guidelines and
criteria relating to the establishment, operation and successful
completion of kindergarten programs in accordance with the other
provisions of this section. Guidelines and criteria so
established and prescribed also are intended to serve for the
establishment and operation of nonpublic kindergarten programs
and shall be used for the evaluation and approval of such
programs by the state superintendent, provided application for
such evaluation and approval is made in writing by proper
authorities in control of such programs. The state
superintendent, annually, shall publish a list of nonpublic
kindergarten programs, including Montessori kindergartens that
have been approved in accordance with the provisions of this section. Montessori kindergartens established and operated in
accordance with usual and customary practices for the use of the
Montessori method which have teachers who have training or
experience, regardless of additional certification, in the use of
the Montessori method of instruction for kindergartens shall be
considered to be approved.
(d) Pursuant to such guidelines and criteria, and only
pursuant to such guidelines and criteria, the county boards may
establish programs taking kindergarten to the homes of the
children involved, using educational television, paraprofessional
personnel in addition to and to supplement regularly certified
teachers, mobile or permanent classrooms and other means
developed to best carry kindergarten to the child in its home and
enlist the aid and involvement of its parent or parents in
presenting the program to the child; or may develop programs of
a more formal kindergarten type, in existing school buildings, or
both, as such county board may determine, taking into
consideration the cost, the terrain, the existing available
facilities, the distances each child may be required to travel,
the time each child may be required to be away from home, the
child's health, the involvement of parents and such other factors
as each county board may find pertinent. Such determinations by
any county board shall be final and conclusive.
§18-5-44. Early childhood education programs.
(a) For the purposes of this section, "early childhood
education" means programs for children who have attained the age
of four prior to the first day of September of the school year in
which the pupil enters the program created in this section.
(b) Findings. --
(1) Among other positive outcomes, quality early childhood
education programs have been determined to:
(A) Improve overall readiness when children enter school;
(B) Decrease behavioral problems;
(C) Improve student attendance;
(D) Increase scores on achievement tests;
(E) Decrease the percentage of students repeating a grade;
and
(F) Decrease the number of students placed in special
education programs.
(2) Quality early childhood education programs improve
school performance and low-quality early childhood education
programs may have negative effects, especially for at-risk
children;
(3) West Virginia has the lowest percentage of its adult
population with a college degree and the education level of
parents is a strong indicator of how their children will perform
in school;
(4) West Virginia currently ranks forty-fourth among the fifty states in the percentage of school children eligible for
free and reduced lunches and this percentage is a strong
indicator of how the children will perform in school;
(5) For the school year two thousand one--two thousand two,
six thousand eight hundred fifty-three students less than five
years of age were enrolled in the public schools, a number equal
to approximately thirty-three percent of the number of five-year-
old students enrolled in kindergarten;
(6) Projections indicate that total student enrollment in
West Virginia will decline by as much as eighteen percent, or by
approximately fifty thousand students, by the school year two
thousand twelve--two thousand thirteen;
(7) In part, because of the dynamics of the state aid
formula, county boards will continue to enroll four-year-old
students to offset the declining enrollments;
(8) West Virginia has a comprehensive kindergarten program
for five-year olds but the program was established in a manner
that resulted in unequal implementation among the counties which
helped create deficit financial situations for several county
school boards;
(9) Expansion of current efforts to implement a
comprehensive early childhood education program should avoid the
problems encountered in kindergarten implementation;
(10) Because of the dynamics of the state aid formula, counties experiencing growth are at a disadvantage in
implementing comprehensive early childhood education programs;
and
(11) West Virginia citizens will benefit from the
establishment of quality comprehensive early childhood education
programs.
(c) It is the goal of the state that beginning no later
than the school year two thousand twelve--two thousand thirteen,
and continuing thereafter, county boards shall provide early
childhood education programs for all children who have attained
the age of are four years of age prior to the first day of
September of the school year in which the pupil enters the shall
be encouraged to enroll in an early childhood education program
and shall have a program available to them. Early childhood
education programs are not part of the thorough and efficient
system of free schools pursuant to section one, article XII of
the Constitution of West Virginia. Nothing in this section shall
require any specific level of funding by the Legislature.
(d) The program shall meet the following criteria:
(1) It shall be voluntary; except, upon enrollment, the
provisions of section one, article eight of this chapter shall
apply to an enrolled student; and
(2) It may be for fewer than five days per week and may be
less than full day.
(e) Enrollment of students in head start, or in any other
program approved by the state superintendent as provided in
subsection (k) of this section, shall be counted toward
satisfying the requirement of subsection (c) of this section.
(f) For the purposes of implementation financing, all
counties are encouraged to make use of funds from existing
sources, including:
(1) Federal funds provided under the Elementary and
Secondary Education Act pursuant to 20 U.S.C. §6301, et seq.;
(2) Federal funds provided for head start pursuant to 42
U.S.C. §9831, et seq.;
(3) Federal funds for temporary assistance to needy
families pursuant to 42 U.S.C. §601, et seq.; and
(4) Funds provided by the school building authority
pursuant to article nine-d of this chapter;
(5) In the case of counties with declining enrollments,
funds from the state aid formula above the amount indicated for
the number of students actually enrolled in any school year; and
(6) (4) Any other public or private funds.
(g) Prior to the school year beginning two thousand three,
each county shall develop a needs assessment and preliminary plan
for implementing the program required by this section. The needs
assessment and preliminary plan shall include the following
elements:
(1) An analysis of the demographics of the county related
to early childhood education program implementation;
(2) An analysis of facility and personnel needs;
(3) Financial requirements for implementation and potential
sources of funding to assist implementation;
(4) Details of how the county board will cooperate and
collaborate with other early childhood education programs
including, but not limited to, head start, to maximize federal
and other sources of revenue;
(5) Specific time lines for implementation; and
(6) Such other items as the state board by policy may
require.
(h) Prior to the school year beginning two thousand three
four, a county board shall submit its final plan to the secretary
of the department of health and human resources. The secretary
shall approve the plan if the following conditions are met:
(1) The county has maximized the use of federal and other
available funds for early childhood programs;
(2) The county has provided in its plan for the maximum
implementation and integration of head start programs and other
public and private programs approved by the state superintendent
county board pursuant to the terms of subsection (k) of this
section in the provision of early childhood education; and
(3) If the secretary of the department of health and human resources finds that the county has not met one or more of the
requirements of this subsection, but that the county has acted in
good faith and the failure to comply was not the primary fault of
the county board, then the secretary shall approve the plan. Any
denial by the secretary may be appealed to the circuit court of
the county in which the county board is located.
(i) Prior to the school year beginning two thousand three
four, the county board shall submit its plan for approval to the
state board. The state board shall approve the plan if the
county board has complied substantially with the requirements of
subsection (g) of this section and has obtained the approval
required in subsection (h) of this section.
(j) Every county board shall submit its plan for reapproval
by the secretary of the department of health and human resources
and by the state board at least every two years after the initial
approval of the plan and until full implementation of the early
childhood education program in the county. As part of the
submission, the county board shall provide a detailed statement
of the progress made in implementing its plan and any requested
modifications. The standards and procedures provided for the
original approval of the plan apply to any reapproval.
(k) In accordance with guidelines and criteria established
by the state board, a county board shall approve head start and
other public and private early childhood education programs in the county which meet the standards established by state board
rule as certified early childhood education programs.
Subject to
the limitations of subsection (l) of this section, children
enrolled in these approved programs, except children whose
enrollment is the basis for funding from other public sources,
shall be counted as enrolled students for the purposes of
subsection (p) of this section. Nonapproval of a program by the
county board may be appealed to the state superintendent.
(k) (l) Commencing with the school year beginning on the
first day of July, two thousand four three, and thereafter, no
county board may increase the total number of students enrolled
in the county in an early childhood education program for state
funding under this section until: (1) Its program plan is
approved by the secretary of the department of health and human
resources and the state board has been granted and; (2) a
concurrent resolution has been adopted by the Legislature
authorizing an increase in the number of students enrolled in
early childhood programs.
(l) The state board annually may grant a county board a
waiver for total or partial implementation if the state board
finds that all of the following conditions exist:
(1) The county board is unable to comply either because:
(A) It does not have sufficient facilities available; or
(B) It does not and has not had available funds sufficient to implement the program;
(2) The county has not experienced a decline in enrollment
at least equal to the total number of students to be enrolled;
and
(3) Other agencies of government have not made sufficient
funds or facilities available to assist in implementation.
Any county seeking a waiver must apply with the supporting
data to meet the criteria for which they are eligible on or
before the twenty-fifth day of March for the following school
year. The state superintendent shall grant or deny the requested
waiver on or before the fifteenth day of April of that same year.
(m) The provisions of subsections (b), (c) and (d), section
eighteen of this article relating to kindergarten shall apply to
early childhood education programs in the same manner in which
they apply to kindergarten programs.
(n) On or before the first day of December, two thousand
four, and each year thereafter, the state board shall report to
the legislative oversight commission on education accountability
on the progress of implementation of this section.
(o) During or after the school year beginning in two
thousand four, and except as may be required by federal law or
regulation, no county shall enroll students who will be less than
four years of age prior to the first day of September for the
year they enter school.
(p) Money for the operation of early childhood education
programs under this section shall be subject to appropriation to
the department of education. Money appropriated pursuant to this
section shall be used only for the purposes of this section and
only to the extent that money is not available for the purposes
of this section from other sources. From money appropriated, the
department shall make allocations to the county boards for the
operation of early childhood education
programs. The allocations
shall be made on the basis of the number of students enrolled in
early childhood education programs under the county's approved
plan. Neither the state board nor the state department may
provide any funds to any county for the purpose of implementing
this section unless the county board has a plan approved pursuant
to subsections (h), (i) and (j) of this section and the plan's
programs meet the standards adopted by the state board. The
county board shall utilize the money allocated to it for the
purpose of providing early childhood education under the county
plan, including, to the extent provided in the county plan,
assisting other public and private programs approved by the
county and included in the county plan to provide early childhood
education programs which meet the standards established by the
state board. Such assistance may include, but is not limited to,
technical assistance, staff development, providing curricular
materials, teachers and supervisory personnel, and other appropriate assistance, and may contract with approved public and
private early childhood education programs under the county plan
to provide programs. Nothing in this section shall require any
specific level of appropriation by the Legislature. Nothing in
this section may be construed to apply to preschool handicapped
programs as required by federal law.
(q) The state board shall promulgate a rule in accordance
with the provisions of article three-b, chapter twenty-nine-a of
this code for the purposes of implementing the provisions of this
section. The state board shall consult with the secretary of the
department of health and human resources in the preparation of
the rule. The rule shall contain the following:
(1) Standards for curriculum;
(2) Standards for preparing students;
(3) Attendance requirements;
(4) Standards for personnel, including standards for early
childhood education teachers who are qualified to teach under the
general supervision of certified personnel employed by the county
board and are not required to meet state teacher certification
requirements; and
(5) A process for public and private providers of early
childhood education to appeal to the state superintendent for
approval of their programs; and
(5) (6) Such other terms as may be necessary to implement the provisions of this section.
(r) The rule shall include the following elements relating
to curriculum standards:
(1) A requirement that the curriculum be designed to
address the developmental needs of four-year-old children,
consistent with prevailing research on how children learn;
(2) A requirement that the curriculum be designed to
achieve long range goals for the social, emotional, physical and
academic development of young children;
(3) A method for including a broad range of content that is
relevant, engaging and meaningful to young children;
(4) A requirement that the curriculum incorporate a wide
variety of learning experiences, materials and equipment, and
instructional strategies to respond to differences in prior
experience, maturation rates and learning styles that young
children bring to the classroom;
(5) A requirement that the curriculum be designed to build
on what children already know in order to consolidate their
learning and foster their acquisition of new concepts and skills;
(6) A requirement that the curriculum meet the recognized
standards of the relevant subject matter disciplines;
(7) A requirement that the curriculum engage children
actively in the learning process and provide them with
opportunities to make meaningful choices;
(8) A requirement that the curriculum emphasize the
development of thinking, reasoning, decision-making and
problem-solving skills;
(9) A set of clear guidelines for communicating with
parents and involving them in decisions about the instructional
needs of their children; and
(10) A systematic plan for evaluating program success in
meeting the needs of young children and for helping them to be
ready to succeed in school.
(s) On or before the second day of January, two thousand
four five, the secretary and the state superintendent submit a
report to the legislative oversight commission on education
accountability and the joint committee on government and finance
which address, at a minimum, the following issues:
(1) A summary of the approved county plans for providing
the early childhood education programs pursuant to this section;
(2) An analysis of the total cost to the state and counties
of implementing the plans;
(3) A separate analysis of the impact of the plans on
counties with increasing enrollment; and
(4) An analysis of the effect of the programs on the
maximization of the use of federal funds for early childhood
programs.
The intent of this subsection is to enable the Legislature to proceed in a fiscally responsible manner and make any program
improvements as may be necessary based on reported information
prior to implementation of the early childhood education
programs.
(t) There shall be an advisory council known as the
"Partners Implementing Early Care and Education System Advisory
Council" which may be referred to as the "PIECES Advisory
Council". The advisory council shall advise, consult and assist
the state board and the secretary of the department of health and
human resources
with respect to the following matters and may
serve on or support ad hoc committees as requested by the board
and secretary to bring expertise from various disciplines to
assist with specific issues such as professional development and
curriculum
:
(1) Establishing a vision for early care and education in
West Virginia for children birth through five years of age;
(2) Developing a comprehensive plan of early care and
education which coordinates early care and education programs
including child care, head start, birth-to-three, public early
childhood education programs, and other programs serving families
with young children throughout the state;
(4) Creating guidelines for local collaborative groups to
use in building community capacity and redesigning services in
local communities to reduce duplication and maximize resources;
(5) Establishing rules for programs that participate in the
provision of early childhood education programs and services for
four year old children;
(6) Developing a process and guidelines for the department
of health and human resources and the department of education to
approve county plans for universal pre-kindergarten programs;
(7) Designing functional "one stop shops" capable of
providing referrals to all necessary services for children and
their families;
(8) Improving involvement and support of business in early
child care and education;
(9) Recommending legislation for comprehensive programs for
children of ages birth through five, as well as recommendations
for any additional funding;
(10) Providing information about advisory council meetings
and decisions to their constituencies, as applicable;
(11) Soliciting input from their constituencies and the
public on early childhood education issues; and
(12) Reporting to the legislative oversight commission on
education accountability at its December, two thousand three,
legislative interim meeting, on the plans for implementing this
section and when otherwise requested.
(u) The PIECES advisory council shall be composed of
twenty-one members as follows:
(1) President of the Senate, or a designee;
(2) Speaker of the House of Delegates, or a designee;
(3) Director of the division of early care and education of
the department of health and human resources;
(4) Director of early childhood education of the department
of education;
(5) Three county superintendents, or their designees,
appointed by the state superintendent of schools for three-year
terms, except that of the first three appointments one shall be
for a term of one year, one shall be for a term of
two years and
one shall be for a term of
three years
;
(6) Director of the birth to three program of the
department of health and human resources;
(7) Two community services managers of the department of
health and human resources designated by the secretary of the
department of health and human resources;
(8) Director of the community action directors association;
(9) Three representatives of head start appointed by the
governor for three-year terms, except that of the first three
appointments one shall be for a term of one year, one shall be
for a term of
two years and one shall be for a term of
three
years
;
(10) Director of Kids Count;
(11) Three citizens and residents of the state who by reason of their training, education or experience are qualified
to carry out the functions of the advisory council appointed by
the governor for three-year terms, except that of the first three
appointments one shall be for a term of one year, one shall be
for a term of
two years and one shall be for a term of
three
years
; and
(12) Three parents of children enrolled in early childhood
education programs appointed by the governor for three-year
terms, except that of the first three appointments one shall be
for a term of one year, one shall be for a term of
two years and
one shall be for a term of
three years
.
(v) In making appointments to the advisory council, the
governor and state superintendent shall consider geographic,
economic and urban and rural characteristics in selecting persons
who reflect diverse interests characteristic of the state. In
making the initial appointments, the governor and state
superintendent shall first consider for appointment the persons
serving on a council existing on the effective date of this
section which is meeting the general purposes and intent of the
advisory council. As soon as practical following appointment of
the advisory council, the secretary and the state superintendent
shall convene the first meeting of the council.
At its first
meeting, the advisory council shall elect a chairman from among
its members who shall preside over its meetings until the second Wednesday in May of the next year. Thereafter, the advisory
council shall elect a chairman on the second Wednesday in May of
each year. All members of the council shall be eligible for
reappointment. A member shall, unless sooner removed, continue
to serve until his or her term expires and a successor has been
appointed and has qualified. A vacancy caused by the death,
resignation or removal of a member prior to the expiration of his
or her term shall be filled only for the remainder of such term.
For the purpose of carrying out its functions under this section,
eleven members of the advisory council shall constitute a quorum.
The advisory council shall meet at least four times each year at
least two of which shall be held at a building in the state
capitol complex and at a time designated by the chairman.
Additional meetings may be held when called by the chairman or
when requested by eleven members of the advisory council. The
council is subject to open governmental proceedings. Members of
the council may not receive any compensation for their services
on the council. Members of the council who are not otherwise
entitled to reimbursement for actual expenses incurred by them in
carrying out their duties as council members may be reimbursed
from funds appropriated to the department of education.
The
department of health and human resources and the department of
education will provide staff support, including meeting minutes
for this advisory council.
(w) The PIECES advisory council shall consult with and
advise the secretary, the state board and the Legislature
concerning any problems presented to the council and shall submit
on or before the first day of January each year, an annual report
of its activities and suggestions to the secretary, the state
board and the Legislative Oversight Commission on Education
Accountability, including any findings and recommendations it
deems appropriate.
Before adopting final rules or significant
program changes, the department of health and human resources and
the department of education shall submit the proposed rules and
significant program changes to the PIECES advisory council and
shall consider any recommendations made by the council regarding
the proposed rules or significant program changes.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-15. Allowance for increased enrollment.
To provide for the support of increased net enrollments in
the counties in a school year over the net enrollments used in
the computation of total state aid for that year, there shall be
appropriated for that purpose from the general revenue fund an
amount equal to the average total state aid per net pupil
multiplied by the total of all of the increases in the net
enrollments of the counties made by comparing the most recent
reports of net enrollment for the second school month to the
immediately previous year's reports for the same school month.
Upon determination of the several increases in the
respective counties' net enrollments, as of the close of the
second school month, each county showing such increase shall be
allocated an amount equal to that county's average per net pupil
total state aid multiplied by the increase in that county's net
enrollment determined as provided heretofore. Such allocations
shall be distributed not later than the thirty-first day of
December of each year to the counties having increases in net
enrollment as heretofore provided. If the amount appropriated
for this purpose shall not be sufficient to provide payment in
full for the total of these several allocations, each county
allocation shall be reduced to an amount which is proportionate
to the appropriation compared to the total of the several
allocations, and the allocations as thus adjusted shall be
distributed to the counties as provided in this section:
Provided, That the governor shall request a supplemental
appropriation at the next legislative session for the reduced
amount.
No provision of this section shall be construed to in any
way affect the allocation of moneys for educational purposes to
a county under other provisions of law.
Except for those students who are enrolled in special
education programs, Students who have not attained the age of
five prior to the first day of September shall not be included for any purpose of this section.
Nothing in this section shall be construed to require any
specific level of funding by the Legislature.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.