H. B. 4809


(By Delegates Beane, Pino, Talbott, Williams,
Beach, Paxton and Leggett)
[Introduced February 24, 2006; referred to the
Committee on Education.]



A BILL to amend and reenact §18-28-3 and §18-28-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-28-8, all relating to private, parochial and church schools generally; providing for the inclusion of certain proficiency tests; providing for the transfer of courses and grades between private, parochial and church schools to the public schools; and providing for the provision of kindergarten and pre- kindergarten classes by private, parochial and church schools.

Be it enacted by the Legislature of West Virginia:
That §18-28-3 and §18-28-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18-28-8, all to read as follows:
ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS, OR SCHOOLS OF A RELIGIOUS ORDER.

§18-28-3. Standardized testing requirements.
(a) Each private, parochial or church school or school of a religious order or other nonpublic school electing to operate under this statute in lieu of the approval requirements set forth as part of section one, article eight, chapter eighteen, exemption A shall administer on an annual basis during each school year to every child enrolled therein between the ages of seven and sixteen years either the comprehensive test of basic skills, the California achievement test, the Stanford achievement test or the Iowa tests of basic skills tests of achievement and proficiency, Westest or other tests adopted or approved by this state, which test will be selected by the chief administrative officer of each school in the subjects of English, grammar, reading, social studies, science and mathematics; and shall be administered under standardized conditions as set forth by the published instructions of the selected test: Provided, That any private, parochial, church school, school of a religious order or other nonpublic school that exclusively teaches special education students or children with learning disabilities shall not be required to comply with this subsection or subsection (d) of this section, but shall academically assess every child enrolled therein between the ages of seven and sixteen years on an annual basis during each school year by one or more of the following methods: (1) A standardized group achievement test; (2) a standardized individual achievement test; (3) a written narrative of an evaluation of a portfolio of samples of a child's work; (4) an alternative academic assessment of the child's proficiency as mutually agreed by the county superintendent, parent(s) or legal guardian(s) and the school.
(b) Each child's testing results and the school composite test results shall be made available to such child's parents or legal guardians. Upon request of a duly authorized representative of the West Virginia Department of Education, the school composite test results shall be furnished by the school or by a parents organization composed of the parents or guardians of children enrolled in said school to the State Superintendent of Schools.
(c) Each school to which this article applies shall:
(1) Establish curriculum objectives, the attainment of which will enable students to develop the potential for becoming literate citizens.
(2) Provide an instructional program that will make possible the acquisition of competencies necessary to become a literate citizen.
(d) If such school composite test results for any single year for English, grammar, reading, social studies, science and mathematics fall below the fortieth percentile on the selected tests, the school as herein described shall initiate a remedial program to foster achievement above that level. If after two consecutive calendar years school composite test results are not above the fortieth percentile level, attendance at the school may no longer satisfy the compulsory school attendance requirement exemption of exemption K, section one, article eight, chapter eighteen, until such time as the percentile standards herein set forth are met.
§18-28-7. Transfer of credit.

Grades and credits earned by students from any school complying with the provisions of this article may be transferred to and shall be accepted by public schools within this state on the same basis as grades and credits are transferred and accepted between public schools.
§18-28-8. Kindergarten and prekindergarten classes.
Any school complying with the provisions of this article may also operate school programs and classes for kindergarten and prekindergarten students.



NOTE: The purpose of this bill is to provide for the inclusion of certain proficiency tests as a part of the standardized testing required of private, parochial or church schools. Under the bill, courses and grades of students in private, parochial or church schools may be transferred to the public schools and private, parochial and church schools may provide kindergarten and pre- kindergarten classes.

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

§18-28-7 has been completely rewritten and §18-28-8 is new; therefore, strike-throughs and underscoring have been omitted.