Senate Bill No. 782

(By Senators Plymale, Edgell, Dempsey, Hunter, Oliverio, White, Boley, Guills, Harrison and Sprouse)

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[Originating in the Committee on Education;

reported February 24, 2006.]

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A BILL to amend and reenact §18-2E-3c of the Code of West Virginia, 1931, as amended, relating to the READS grant program; changing focus from providing remediation in grades kindergarten through four to providing intervention in grades kindergarten through three; adding before school and after school to the times in which reading intervention can occur under the grant program; providing for scientifically based instruction, student learning strategies, teaching strategies and school management strategies; adding additional requirements for program recipients; adding schools to the priorities for awarding grants; adding requirement for the grant program application; adding formative assessment as a method for identifying students in danger of failing; changing advisory board membership; eliminating the Department of Education employee limit for the grant review and selection panel; changing deadlines for grant application and providing grant awards; and allowing the state board to fund tutoring by highly qualified teachers or specifically trained individuals.

Be it enacted by the Legislature of West Virginia:
That §18-2E-3c of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-3c. READS grant program created; legislative findings and purpose of section.

(a) The Legislature hereby finds and acknowledges that if remediation intervention is necessary, it should be provided when students are younger and before patterns of failure are established. The Legislature further acknowledges that 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 four three, that county boards are in the best position to determine if remediation intervention is necessary for students in kindergarten through grade four three and that the counties should have the option of providing summer school extended learning opportunities for students and may consider student attendance as a factor in determining whether a child is eligible to be promoted to the next grade.
The Legislature further finds that not all students are financially able to pay for summer school extended reading learning opportunities, nor do all county schools hold summer school extended reading learning opportunities. It is, therefore, the purpose of this section to help the county boards to provide, either individually or cooperatively, free summer school and summer school extended learning reading intervention that may be before school, after school or summer school programs and transportation for those students in kindergarten through grade four three who did not perform at grade level during the regular school year who are not performing at grade level in the current assigned grade. It also is the purpose of this section to help students in kindergarten through grade four three who are identified as being in danger of failing to read at grade level by the end of the school year to receive intensive scientifically based reading instruction during their regularly scheduled reading time throughout the regular school year.
(b) Subject to appropriation by the Legislature therefor, the state board shall establish a competitive grant program as set forth in this section to provide scientifically based reading programs for students in kindergarten through grade four three who are not performing at grade level. The program shall be designated and known as the "Reading Excellence Accelerates Deserving Students" program and, along with such that designation, may be referred to as "West Virginia READS".
Priorities for awarding the grants shall include include, but are not limited to:
(1) Schools that have test scores below the third grade state reading standards standard; and
(2) Schools that receive federal funds for the improvement of reading; and
(3) Schools that exhibit high levels of child poverty.
A competitive grant applications must application may be submitted only by the county boards a county board, or by a community collaborative with the county board as a partner with leadership responsibility, and shall describe how the program will:
(1) Employ strategies and proven methods for student learning, teaching and school management that are based on reliable scientific research and effective practices and can be replicated in other schools to improve the reading skills of students;
(2) Contain measurable goals for the improvement of student reading skills and benchmarks for meeting those goals;
(3) Include a plan for the evaluation of student progress toward achieving the state's high standards mastery of the state's content standards and objectives;
(4) Identify how other federal, state, local and private resources, including volunteers human resources, will be utilized used to further the intent of this section;
(5) Link summer reading improvement programs extended reading instruction with reading instruction and remediation throughout the school year intervention provided during the regular school day;
(6) Determine feasibility of collaborating with colleges of education for the purpose of providing educational experiences for prospective teachers; and
(7) Accomplish other objectives as deemed considered necessary by the state board.
(c) Any county receiving a grant should encourage students in kindergarten through grade four three who did not perform or are not performing at grade level during the regular school year to attend summer school extended reading intervention opportunities and may consider summer school attendance as a factor in determining whether a child is eligible to be promoted to the next grade. The county board shall provide intensive reading instruction during regularly scheduled reading time throughout the regular school year day to students in kindergarten through grade four three who are identified by the formative assessment and the classroom teacher as being in danger of failing to read at grade level by the end of the school year. Additionally, any county receiving a grant shall establish programs that provide early intervention based on scientifically based reading research, incorporate essential components of reading instruction and provide screening, diagnostic and classroom-based instructional reading assessments all as defined by 20 U. S. C. §6368. The programs shall be offered by highly qualified teachers who shall deliver initial reading instruction and volunteers or tutors who shall provide additional student practice opportunities. The primary criteria for student participation shall be the use of a scientifically based reading formative assessment to determine students most in need of intervention. Nothing in this section shall prohibit county boards from permitting students to participate in reading programs on a student fee basis.
(d) The state board shall approve procedures for the implementation of this section. To assist the state board in developing procedures for the implementation of this section, including the grant application and the grant review and selection process, the state board shall appoint an advisory board consisting of the Title I federal programs director, and the title I reading coordinator/specialist, both from the state department of education, the Reading First director, the special education director or his or her designee, a representative from the Department of Education and the Arts, representing the library commission and the community schools initiative, a college or university professor of reading, two or more representatives from local school systems, the West Virginia coordinator of the read aloud program, the energy express project director, and a representative of mission West Virginia, a local school system representative, a representative of higher education, or representatives of like successor organizations should these named organizations cease to exist considered by the state board to have knowledge of scientifically based reading programs intervention models necessary to improve student reading. The procedures shall provide for:
(1) The appointment of a grant review and selection panel by the state board consisting of persons with expertise and practical experience in delivering scientifically based reading intervention programs to increase the reading skills of young students. not more than one half of whom may be employees of the state department of education, or the The state board may designate the advisory board as the grant review and selection panel;
(2) Notice to all schools that includes any combination of grades kindergarten through three of the grant competition and the availability of applications on or before the thirtieth day of September, in each fiscal year for which grant funds are available;
(3) A grant application deadline postmarked on or before the fifteenth first day of December, in each fiscal year for which grant funds are available;
(4) Notice of grant awards on or before the first day of March February, in each fiscal year for which grant funds are available; and
(5) Any other such requirements as deemed considered necessary by the state board.
(e) The state board may fund, from any other funds available for such those purposes, the programs required by this section for students in kindergarten through grade four three and any programs required by state board rules such as, but not limited to, the following:
(1) Tutoring by highly qualified teachers or specifically trained individuals;
(2) Summer school educational services Extended reading intervention opportunities;
(3) Additional certified personnel to provide scientific intensive reading instruction in reading throughout the school year;
(4) Staff development for teachers; and
(5) Hot meal programs.
(f) Nothing in this section shall supersede the individualized education program (IEP) of any student.
(g) Nothing in this section may be construed to require any specific level of funding by the Legislature.