SB603 H ED AM 3-1 #1
The Committee on Education moves to amend the bill on page
two, following the enacting clause, by striking the bill and
inserting in lieu thereof the following:
"That §18-2E-7 and §18-9A-10 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-7. Providing for high quality basic skills development and
remediation in all public schools.
(a) The Legislature finds that teachers must be provided the
support, assistance and teaching tools necessary to meet individual
student instructional needs on a daily basis in a classroom of
students who differ in learning styles, learning rates and in
motivation to learn. The Legislature further finds that attaining
a solid foundation in the basic skills of reading, composition and
arithmetic is essential for advancement in higher education,
occupational and avocational pursuits and that computers are an
effective tool for the teacher in corrective, remedial and
enrichment activities. Therefore, the state board shall ensure
that the resources to be used to provide services to students in
the earliest grade level and higher grade levels as resources
become available are included in the education technology strategic
plan required by article two-j of this chapter. The provision of
services to students shall be based on a plan developed by each individual school team.
Computer hardware and software shall be purchased in
accordance with the education technology strategic plan adopted
pursuant to article two-j of this chapter.
The state board shall develop and provide a program to ensure
adequate teacher training, continuous teacher support and updates.
The program shall be consistent with the education technology
strategic plan adopted pursuant to article two-j of this chapter.
To the extent practicable, the technology shall be used to
enhance student access to learning tools and resources outside of
the normal school day, such as: Before and after school; in the
evenings, on weekends and during vacations; and for student use for
homework, remedial work, independent learning, career planning and
adult basic education.
(b) The Legislature finds that the continued implementation of
computer use under this section for high quality basic skills
development and remediation in the middle schools, junior high
schools and high schools is necessary to meet the goal that high
school graduates will be prepared fully for college, other
post-secondary education or gainful employment. Further, the
implementation should provide a technology infrastructure at the
middle schools, junior high schools and high schools capable of
supporting multiple technology based learning strategies designed
to enable students to achieve at higher academic levels. The technology infrastructure should facilitate student development in
the following areas:
(1) Attaining basic computer skills such as word processing,
spreadsheets, data bases, internet usage, telecommunications and
graphic presentations;
(2) Learning critical thinking and decision-making skills;
(3) Applying academic knowledge in real life situations
through simulated workplace programs;
(4) Understanding the modern workplace environment,
particularly in remote areas of the state, by bringing the
workplace to the school;
(5) Making informed career decisions based upon information on
labor markets and the skills required for success in various
occupations;
(6) Gaining access to labor markets and job placement;
(7) Obtaining information and assistance about college and
other post-secondary education opportunities and financial aid; and
(8) Other uses for acquiring the necessary skills and
information to make a smooth transition from high school to
college, other post-secondary education or gainful employment.
Therefore, the state board also shall address the findings of
this subsection regarding the continued implementation of computer
hardware and software and technical planning support in the middle
schools, junior high schools and high schools of the state in the education technology strategic plan required by article two-j of
this chapter.
§18-2E-7. Providing for twenty-first century instruction and
learning in all public schools.
(a) The Legislature finds that:
(1) The knowledge and skills children need to succeed in the
twenty-first century are changing dramatically and that West
Virginia students must develop proficiency in twenty-first century
content, technology tools and learning skills to succeed and
prosper in life, in school and on the job;
(2) Students must be equipped to live in a multitasking,
multifaceted, technology-driven world;
(3) The provision of twenty-first century technologies and
software resources in grades pre-kindergarten through twelve is
necessary to meet the goal that high school graduates will be
prepared fully for college, other post-secondary education or
gainful employment;
(4) This goal reflects a fundamental belief that the youth of
the state exit the system equipped with the skills, competencies
and attributes necessary to succeed, to continue learning
throughout their lifetimes and to attain self-sufficiency;
(5) To promote twenty-first century learning, teachers must be
competent in twenty-first century content and learning skills and
must be equipped to fully integrate technology to transform instructional practice and to support twenty-first skills
acquisition;
(6) For students to learn twenty-first century skills,
students and teachers must have equitable access to high quality,
twenty-first century technology tools and resources;
(7) When aligned with standards and curriculum, technology-
based assessments can be a powerful tool for teachers; and
(8) Teachers must understand how to use technology to create
classroom assessments for accurate, timely measurements of student
proficiency in attainment of academic content and twenty-first
century skills.
(b) The state board shall ensure that the resources to be used
to provide technology services to students in grades pre-
kindergarten through twelve are included in a West Virginia 21st
Century Strategic Technology Learning Plan to be developed by the
Department of Education as an integral component of the county and
school electronic strategic improvement plans as required in
section five of this article. The provision of technologies and
services to students and teachers shall be based on a plan
developed by each individual school team and aligned with the goals
and objectives of the West Virginia 21st Century Strategic
Technology Learning Plan. This plan shall be an integral component
of the county and school electronic strategic improvement plans as
required in section five of this article. Funds shall be allocated equitably to county school systems following peer review of the
plans that includes providing necessary technical assistance prior
to submission and allows timely review and approval by the West
Virginia Department of Education. Technology tools, including
hardware, software, network cabling, network electronics and
related professional development, shall be purchased pursuant to
the provisions of article three, chapter five-a of this code in the
amount equal to anticipated revenues being appropriated and based
on the approved county and school plans. County allocations that
support this legislation shall adhere to state contract prices:
Provided, That contingent upon approval of the county technology
plan, counties that identify, within that plan, specific software
or peripheral equipment not listed on the state contract, but
necessary to support implementation of twenty-first century skills,
may request the West Virginia Department of Education to secure
state purchasing prices for those identified items. Total
expenditure to purchase these additional items may not exceed ten
percent of the annual county allocation. To the extent
practicable, the technology shall be used:
(1) To maximize student access to learning tools and resources
at all times including during regular school hours, before and
after school or class, in the evenings, on weekends and holidays
and for public education, noninstructional days and during
vacations; and
(2) For student use for homework, remedial work, independent
learning, career planning and adult basic education.
(c) The implementation of this section should provide a
technology infrastructure capable of supporting multiple
technology-based learning strategies designed to enable students to
achieve at higher academic levels. The technology infrastructure
should facilitate student development by addressing the following
areas:
(1) Mastery of rigorous core academic subjects in grades
prekindergarten through eight by providing software, other
technology resources or both aligned with state standards in
reading, mathematics, writing, science, social studies, twenty-
first century learning skills and twenty-first century learning
tools;
(2) Mastery of rigorous core academic subjects in grades nine
through twelve by providing appropriate twenty-first century
technology tools aligned with state standards for learning skills
and technology tools;
(3) Attainment of twenty-first century skills outcomes for all
students in the use of technology tools and learning skills;
(4) Proficiency in new, emerging twenty-first century content;
(5) Participation in relevant, contextual instruction that
uses dynamic, real-world contexts that are engaging and meaningful
for students, making learning relevant to life outside of school and bridging the gap between how students live and how they learn
in school;
(6) Ability to use digital and emerging technologies to manage
information, communicate effectively, think critically, solve
problems, work productively as an individual and collaboratively as
part of a team and demonstrate personal accountability and other
self-directional skills;
(7) Providing students with information on post-secondary
educational opportunities, financial aid and the skills and
credentials required in various occupations that will help them
better prepare for a successful transition following high school;
(8) Providing greater access to advanced and other curricular
offerings than could be provided efficiently through traditional
on-site delivery formats, including increasing student access to
quality distance learning curricula and online distance education
tools;
(9) Providing resources for teachers in differentiated
instructional strategies, technology integration, sample lesson
plans, curriculum resources and online staff development that
enhance student achievement; and
(10) Providing resources to support basic skills acquisition
and improvement at the above mastery and distinguished levels.
(d) Developed with input from appropriate stakeholder groups,
the West Virginia 21st Century Strategic Technology Learning Plan shall be an integral component of the electronic strategic county
and school improvement plans as required in section five of this
article. The West Virginia 21st Century Strategic Technology
Learning Plan shall be comprehensive and shall address, but not
necessarily be limited to, the following provisions:
(1) Allocation of adequate resources to provide students with
equitable access to twenty-first century technology tools,
including instructional offerings and appropriate curriculum,
assessment and technology integration resources aligned to both the
content and rigor of state content standards as well as to learning
skill and technology tools;
(2) Providing students and staff with equitable access to a
technology infrastructure that supports the acquisition of twenty-
first century skills, including the ability to access information,
solve problems, communicate clearly, make informed decisions,
acquire new knowledge, construct products, reports and systems, and
access online assessment systems;
(3) Inclusion of various technologies that enable and enhance
the attainment of twenty-first century skills outcomes for all
students;
(4) Collaboration with various partners, including parents,
community organization, higher education, schools of education in
colleges and universities, employers and content providers;
(5) Seeking of applicable federal government funds, philanthropic funds, other partnership funds or any combination of
those types of funds to augment state appropriations and
encouraging the pursuit of funding through grants, gifts, donations
or any other sources for uses related to education technology;
(6) Sufficient bandwidth to support teaching and learning and
to provide satisfactorily for instructional management needs;
(7) Protection of the integrity and security of the network,
as well as student and administrative workstations;
(8) Flexibility to adjust the plan based on developing
technology, federal and state requirements and changing local
school and county needs;
(9) Incorporation of findings based upon validation from
research-based evaluation findings from previous West Virginia-
based evaluation projects;
(10) Continuing study of emerging technologies for application
in a twenty-first century learning environment and inclusion in the
technology plan, as appropriate;
(11) An evaluation component to determine the effectiveness of
the program and make recommendations for ongoing implementation;
(12) A program of embedded, sustained professional development
for teachers that is strategically developed to support a twenty-
first century education for all students and that aligns with state
standards for technology, integrates twenty-first century skills
into educational practice and supports the implementation of twenty-first century software, technology and assessment resources
in the classroom;
(13) Providing for uniformity in technological hardware and
software standards and procedures;
(14) The strategy for ensuring that the capabilities and
capacities of the technology infrastructure is adequate for
acceptable performance of the technology being implemented in the
public schools;
(15) Providing for a comprehensive, statewide uniform,
integrated education management and information system for data
collection and reporting to the Department of Education, as
provided in section twenty-six, article two of this chapter and
commonly referred to as the West Virginia Education Information
System;
(16) Providing for an effective model for the distance
delivery, virtual delivery or both types of delivery of instruction
in subjects where there exists low student enrollment or a shortage
of certified teachers or where the delivery method substantially
improves the quality of an instructional program such as the West
Virginia Virtual School;
(17) Providing a strategy to implement, support and maintain
technology in the public schools;
(18) Providing a strategy to provide ongoing support and
assistance to teachers in integrating technology into twenty-first century instruction such as with technology integration
specialists;
(19) A method of allowing public education to take advantage
of appropriate bulk purchasing abilities and to purchase from
competitively bid contracts initiated through the southern regional
education board educational technology cooperative and the America
TelEdCommunications Alliance;
(20) Compliance with United States Department of Education
regulations and Federal Communications Commission requirements for
federal E-rate discounts; and
(21) Other provisions as considered appropriate, necessary or
both to align with applicable guidelines, policies, rules,
regulations and requirements of the West Virginia Legislature, the
Board of Education and the Department of Education.
(e) Any state code and budget references to the Basic
Skills/Computer Education Program and the SUCCESS Initiative will
be understood to refer to the statewide technology initiative
referenced in this section, commonly referred to as the 21st
Century Tools for 21st Century Schools Technology Initiative.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-10. Foundation allowance to improve instructional programs.
(a) For each school year, beginning on the first day of July,
one thousand nine hundred ninety-eight, and thereafter, the sum of
the allocations shall be the amount appropriated by the Legislature for those purposes: The total allowance to improve instructional
programs shall be the sum of the following:
(1) For instructional improvement in accordance with county
and school electronic strategic improvement plans required by
section five, article two-e of this chapter, an amount equal to
fifteen percent of the increase in the local share amount for the
next school year above any required allocation pursuant to section
six-b of this article shall be added to the amount of the
appropriation for this purpose for the immediately preceding school
year. The sum of these amounts shall be distributed to the
counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to
each county;
(2) (B) Distribution to the counties of the remainder of these
funds shall be made proportional to the average of each county's
average daily attendance for the preceding year and the county's
second month net enrollment. Moneys allocated by provision of this
section shall be used to improve instructional programs according
to a plan for instructional improvement which the affected county
board shall file with the state board by the first day of August of
each year, to be approved by the state board by the first day of
September of that year if the plan substantially complies with
standards to be adopted by the state board: the county and school
electronic strategic improvement plans required by section five, article two-e of this chapter and approved by the state board:
Provided, That notwithstanding any other provision of this code to
the contrary, moneys allocated by provision of this section may
also be used in the implementation and maintenance of the uniform
integrated regional computer information system.
(3) Up to twenty-five percent of this allocation may be used
to employ professional educators and service personnel in counties
after all applicable provisions of sections four, and five of this
article have been fully utilized.
Prior to the use of any funds from this section for personnel
costs, the county board must receive authorization from the state
superintendent of schools. The state superintendent shall require
the district county board to demonstrate: (1) The need for the
allocation; (2) efficiency and fiscal responsibility in staffing;
and (3) sharing of services with adjoining counties and the
regional educational service agency for that county in the use of
the total local district board budget; and (4) employment of
technology integration specialists to meet the needs for
implementation of the West Virginia 21st Century Strategic
Technology Learning Plan
. District County boards shall make
application for available funds for the next fiscal year by the
first day of May of each year. On or before the first day of June,
the state superintendent shall review all applications and notify
applying district county boards of the distribution of the allocation. The funds shall be distributed during the fiscal year
appropriate. The state superintendent shall require the county
board to demonstrate the need for an allocation for personnel based
upon the county's inability to meet the requirements of state law
or state board policy: Provided, That the funds available for
personnel under this section may not be used to increase the total
number of professional noninstructional personnel in the central
office beyond four. The instructional improvement plan shall be
made available for distribution to the public at the office of each
affected county board; plus
(2) For the purposes of the West Virginia 21st Century
Strategic Technology Learning Plan provided for in section seven,
article two-e of this chapter, an amount equal to fifteen percent
of the increase in the local share amount for the next school year
above any required allocation pursuant to section six-b of this
article shall be added to the amount of the appropriation for this
purpose for the immediately preceding school year.
For the two
thousand seven - two thousand eight school year, the amount of the
appropriation for this purpose for the immediately preceding school
year
means the amount of the appropriation to the department of
education's technology infrastructure network for fiscal year
two
thousand seven. The sum of these amounts shall be allocated to the
counties as provided in section seven, article two-e of this
chapter
to meet the objectives of the West Virginia 21st Century Strategic Technology Learning Plan; plus
(b) (3) An amount not less than the amount required to meet
debt service requirements on any revenue bonds issued prior to the
first day of January, one thousand nine hundred ninety-four, and
the debt service requirements on any revenue bonds issued for the
purpose of refunding revenue bonds issued prior to the first day of
January, one thousand nine hundred ninety-four, shall be paid into
the school building capital improvements fund created by section
six, article nine-d of this chapter, and shall be used solely for
the purposes of that article. The school building capital
improvements fund shall not be utilized to meet the debt services
requirement on any revenue bonds or revenue refunding bonds for
which moneys contained within the school building debt service fund
have been pledged for repayment pursuant to that section.
(b) When the school improvement bonds secured by funds from
the school building capital improvements fund mature, the state
board of education shall annually deposit an amount equal to
twenty-four million dollars from the funds allocated in this
section into the school construction fund created pursuant to the
provisions of section six, article nine-d, chapter eighteen of this
code to continue funding school facility construction and
improvements.
(c) Any project funded by the school building authority shall
be in accordance with a comprehensive educational facility plan which must be approved by the state board and the school building
authority."