(b) The state board shall establish a program for strengthening student learning ability that includes the following:
(1) A procedure for schools to apply for funds to implement programs to strengthen student learning ability in accordance with the provisions of this section;
(2) Specific factors for determining the need for each school applying for funds in accordance with subsection (e) of this section;
(3) A method for judging applications for funds on a competitive basis; and
(4) A determination of the maximum percentage of total funds appropriated for the purposes of this section which may be distributed for use in grades six through twelve so that the priority for program implementation is at the prekindergarten and elementary levels.
(c) Except as provided in subsection (d) of this section, a school is not eligible to receive an award of funds appropriated for the purposes of this section unless the proposed program includes the following:
(1) Assessment of the cognitive abilities of students;
(2) Physical screening that identifies barriers to a student's ability to learn;
(3) Development of a student-specific program to improve student learning ability based on the results of the assessment and physical screening;
(4) Administration of learning development exercises that strengthen the ability of students to learn; and
(5) An evaluation of the program's impact, including factors such as student test scores and other measures of student performance, the program's impact on special education referrals, program cost and other information considered important for judging the value of the program.
(d) A school is eligible to receive an award of funds appropriated for the purposes of this section for the implementation of an early childhood system to strengthen student learning abilities that includes cognitive/perceptual exercises for all children which are clearly based on the same intellectual premise, and are intended to address for all students the same developmental needs, as the more individual specific remedies required for programs under subsection (c) of this section. The programs shall include a method for evaluating program impact using appropriate measures of early childhood student development and progress.
(e) All the funds appropriated for the purposes of this section shall be distributed to schools based upon need as determined by the state board. In determining need, the state board may consider such things as the assessment test scores of the students, percentage of students who are enrolled in special education programs, dropout rates, attendance rates, the number of at-risk students, monetary and in-kind resources available from other sources that will be committed to the program and any other indicators the state board determines appropriate.
(f) The state board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code to implement the provisions of this section.
(g) Nothing in this section requires any specific level of funding by the Legislature.
Note: WV Code updated with legislation passed through the 2012 1st Special Session