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Committee Substitute House Bill 2832 History

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COM SUB 2 LINES
COMMITTEE SUBSTITUTE

FOR

H. B. 2832

(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)

[By Request of the Executive]


(Originating in the Committee on Finance)

[March 27, 2009]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-10, relating to critical skills instruction programs for students in grades three and eight; setting forth legislative findings; providing for state board rules to effectuate section; establishing minimum provisions of rules; providing condition for promotion for certain students under certain circumstances; requiring suitable facilities by county boards; preserving teacher's judgment on student retention decisions; and preserving individualized education plans from effect of section.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-2E-10, to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-10. Critical skills instructional support programs for third and eighth graders.

(a) The Legislature finds that:

(1) In the early childhood through intermediate grade levels, ensuring that each student masters the content and skills needed for mastery at the next higher grade level is critically important for student success;
(2) Students who do not demonstrate grade-level mastery in reading, language arts and mathematics become increasingly less likely to succeed at each successively higher grade level;
(3) Every school is required to establish a student assistance team that reviews student academic needs that have persisted despite being addressed by instruction and intervention and schools must implement in an equitable manner programs during and after the instructional day at the appropriate instructional levels that contribute to the success of students; and
(4) Grades three and eight are critical transition points for additional intervention strategies that reinforce the preparation of students who are not prepared fully for success at the next grade level.
(b) The state board shall, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, promulgate legislative rules as necessary to effectuate the provisions of this section. The rules shall provide for at least the following: (1) Encouraging and assisting county boards in establishing and operating critical skills instructional support programs during and after the instructional day and during the summer for students in grades three and eight who in the judgment of the student assistance team are not mastering the content and skills in reading, language arts and mathematics adequately for success at the next grade level and who are recommended by the student assistance team for additional academic help through the programs;
(2) Maximizing parental involvement in supporting the critical skills development of their children in reading, language arts and mathematics through critical skills instructional support programs;
(3) Ensuring the employment of qualified teachers and support personnel to provide instruction to students enrolled in critical skills instructional support programs;
(4) Creating a formula or grant-based program for the distribution of funds appropriated specifically for the purposes of this section or otherwise available for the support of in-school, after-school and summer critical skills instructional support programs;
(5) Providing transportation and healthy foods for students required to attend after-school and summer critical skills instructional support programs, or supervision at the school that accommodates the typical work schedules of parents; and
(6) Receiving from county boards such applications and annual reports as may be required by rule of the state board.
(c) A student in grades three or eight who is recommended by the student assistance team for additional academic help in one or more of the subjects of reading, language arts and mathematics through a critical skills instructional support program may be required to attend a summer critical skills instructional support program as a condition for promotion if:
(1) The student has been provided additional academic help through an in-school or after-school critical instructional support program and, prior to the end of the school year, the student assistance team recommends that further additional academic help is needed for the student to be successful at the next grade level; and
(2) Adequate funding is provided by the State Board for the administration and operation of the program.
(d) County boards shall provide suitable educational facilities, equipment and services to support critical skills instructional support programs established pursuant to this section. Summer programs may be provided at a central location for third and eighth graders who qualify for the program.
(e) Nothing prohibits the grade level retention of a student based upon the sole judgement of the teacher of the students mastery of the subject matter and preparation for the subject matter at the next higher grade level.
(f) Nothing in this section may be construed to affect the individualized education plans of exceptional students.
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