Introduced Version
House Bill 4593 History
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H. B. 4593
(By
Delegates Stowers, Perry, M. Poling, Paxton
,
D. Walker and Duke)
(Originating in the House Committee on Education)
[February 19, 2010]
A BILL to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§18-8-6; to amend and
reenact §18-8-1, §18-8-1a and §18-8-4 of said code; to amend
and reenact
§18-9A-3a
and §18-9A-21 of said code; and to amend
and reenact §62-15-4 of said code, all relating to
relating to
improving student participation, success and high school
graduation rates; increasing the minimum age for ending
compulsory school attendance; reducing the number of days of
unexcused absences at which proceedings to enforce attendance
begin; establishing the "High School Graduation Improvement
Act";
establishing legislative findings and intent; requiring
county board of education plan for improving student retention
and increasing graduation rate; requiring state board of
education to develop, expand and assist certain programs;
increasing funding for alternative education programs; and
authorizing establishment of additional juvenile drug courts.
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 §18-8-6; that §18-8-1,
§18-8-1a and §18-8-4 of said code be amended and reenacted; that
§18-9A-3a
and §18-9A-21 of said code be amended and reenacted; and
that §62-15-4 of said code be amended and reenacted, all to read as
follows:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-1. Compulsory school attendance; exemptions.
(a) Compulsory school attendance shall begin with the school
year in which the sixth birthday is reached prior to September 1,
or upon enrolling in a publicly supported kindergarten program and
continue to the sixteenth birthday. Exemption from the foregoing
requirements of compulsory public school attendance established in
section one-a of this article shall be made on behalf of any child
for the causes or conditions set forth in this section. Each cause
or condition set forth in this section shall be is subject to
confirmation by the attendance authority of the county.
(b) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if the requirements of this
subsection, relating to instruction in a private, parochial or
other approved school, are met. The instruction shall be in a
school approved by the county board and for a time equal to the
instructional term set forth in section forty-five, article five of
this chapter. In all private, parochial or other schools approved
pursuant to this subsection it shall be is the duty of the principal or other person in control, upon the request of the
county superintendent, to furnish to the county board such
information and records as may be required with respect to
attendance, instruction and progress of pupils students enrolled.
between the entrance age and sixteen years
(c) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if the requirements of either
subdivision (1) of this subsection or subdivision (2) of this
subsection, both relating to home instruction, are met.
(1) The instruction shall be in the home of the child or
children or at some other place approved by the county board and
for a time equal to the instructional term set forth in section
forty-five, article five of this chapter. If the request for home
instruction is denied by the county board, good and reasonable
justification for the denial shall be furnished in writing to the
applicant by the county board. The instruction shall be conducted
by a person or persons who, in the judgment of the county
superintendent and county board, are qualified to give instruction
in subjects required to be taught in public elementary schools in
the state. The person or persons providing the instruction, upon
request of the county superintendent, shall furnish to the county
board information and records as may be required from time to time
periodically with respect to attendance, instruction and progress
of pupils enrolled between the entrance age and sixteen years
students receiving the instruction. The state board shall develop guidelines for the home schooling of special education students
including alternative assessment measures to assure that
satisfactory academic progress is achieved.
(2) The child meets the requirements set forth in this
subdivision: Provided, That the county superintendent may seek
from the circuit court of the county an order denying home
instruction of the child. The order may be granted upon a showing
of clear and convincing evidence that the child will suffer neglect
in the child's his or her education or that there are other
compelling reasons to deny home instruction.
(A) Annually, the person or persons providing home instruction
shall present to the county superintendent or county board a notice
of intent to provide home instruction and the name, address, age
and grade level of any child of compulsory school age to be
instructed: Provided, That if a child is enrolled in a public
school, notice of intent to provide home instruction shall be given
at least two weeks prior to withdrawing such the child from public
school;
(B) The person or persons providing home instruction shall
submit satisfactory evidence of a high school diploma or
equivalent;
(C) The person or persons providing home instruction shall
outline a plan of instruction for the ensuing school year; and
(D) On or before June 30 of each year annually, the person or
persons providing home instruction shall obtain an academic
assessment of the child for the previous school year and submit the results to the county superintendent. When the academic assessment
takes place outside of a public school, the parent or legal
guardian shall pay the cost. The requirement of an academic
assessment shall be is satisfied in one of the following ways:
(i) The child receiving home instruction takes a nationally
normed standardized achievement test to be administered under
standardized conditions as set forth by the published instructions
of the selected test in the subjects of reading, language,
mathematics, science and social studies. Provided, That in no
event may The child's parent or legal guardian may not administer
the test in any event. The publication date of the chosen test
shall may not be more than ten years from the date of the
administration of the test is administered. The child shall be is
considered to have made acceptable progress when the mean of the
child's test results in the required subject areas for any single
year meets or exceeds the fiftieth percentile or, if below the
fiftieth percentile, shows improvement from the previous year's
results;
(ii) The child participates in the testing program currently
in use in the state's public schools. The test shall be
administered to the child at a public school in the county of
residence. Determination of acceptable progress will shall be
based on current guidelines of the state testing program;
(iii) The county superintendent is provided with a written
narrative indicating that a portfolio of samples of the child's
work has been reviewed and that the child's academic progress for the year is in accordance with the child's abilities. If the
narrative indicates that the child's academic progress for the year
is in accordance with the child's abilities, the child shall be is
considered to have made acceptable progress. This narrative shall
be prepared by a certified teacher whose certification number shall
be provided. The narrative shall include a statement about the
child's progress in the areas of reading, language, mathematics,
science and social studies and shall note any areas which, in the
professional opinion of the reviewer, show need for improvement or
remediation; or
(iv) The child completes an alternative academic assessment of
proficiency that is mutually agreed upon by the parent or legal
guardian and the county superintendent. Criteria for acceptable
progress shall be mutually agreed upon by the same parties; and
(E) When the annual assessment fails to show acceptable
progress as defined under the appropriate assessment option set
forth in paragraph (D) of this subdivision, the person or persons
providing home instruction shall initiate a remedial program to
foster acceptable progress. and The county board shall notify the
parents or legal guardian of the child, in writing, of the services
available to assist in the assessment of the child's eligibility
for special education services Provided, That the Identification
of a disability shall does not preclude the continuation of home
schooling. In the event that the child does not achieve acceptable
progress as defined under the appropriate assessment option set
forth in paragraph (D) of this subdivision for a second consecutive year, the person or persons providing instruction shall submit to
the county superintendent additional evidence that appropriate
instruction is being provided.
(3) This subdivision applies to both home instruction
exemptions set forth in subdivisions (1) and (2) of this
subsection. The county superintendent or a designee shall offer
such assistance, including textbooks, other teaching materials and
available resources, all subject to availability, as may assist the
person or persons providing home instruction. subject to their
availability Any child receiving home instruction may upon
approval of the county board exercise the option to attend any
class offered by the county board as the person or persons
providing home instruction may consider appropriate subject to
normal registration and attendance requirements.
(d) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if the requirements of this
subsection, relating to physical or mental incapacity, are met.
Physical or mental incapacity consists of incapacity for school
attendance and the performance of school work. In all cases of
prolonged absence from school due to incapacity of the child to
attend, the written statement of a licensed physician or authorized
school nurse is required. shall be required under the provisions of
this article: Provided, That in all cases, Incapacity shall be
narrowly defined and in no any case shall the provisions of this
article may not allow for the exclusion of the mentally, physically, emotionally or behaviorally handicapped child otherwise
entitled to a free appropriate education.
(e) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if conditions rendering school
attendance impossible or hazardous to the life, health or safety of
the child exist.
(f) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article upon regular graduation from a
standard senior high school or alternate secondary program
completion as determined by the state board.
(g) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if the child is granted a work permit
pursuant to this subsection. After due investigation the county
superintendent may after due investigation grant work permits to
youths under sixteen years of age, subject to state and federal
labor laws and regulations. Provided, That A work permit may not
be granted on behalf of any youth who has not completed the eighth
grade of school.
(h) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if a serious illness or death in the
immediate family of the pupil child has occurred. It is expected
that the county attendance director will ascertain the facts in all cases of such absences about which information is inadequate and
report the facts to the county superintendent.
(i) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if the requirements of this
subsection, relating to destitution in the home, are met.
Exemption based on a condition of extreme destitution in the home
may be granted only upon the written recommendation of the county
attendance director to the county superintendent following careful
investigation of the case. A copy of the report confirming the
condition and school exemption shall be placed with the county
director of public assistance. This enactment contemplates every
reasonable effort that may properly be taken on the part of both
school and public assistance authorities for the relief of home
conditions officially recognized as being so destitute as to
deprive children of the privilege of school attendance. Exemption
for this cause shall not be is not allowed when the destitution is
relieved through public or private means.
(j) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if the requirements of this
subsection, relating to church ordinances and observances of
regular church ordinances, are met. The county board may approve
exemption for religious instruction upon written request of the
person having legal or actual charge of a child or children.
Provided, That the exemption shall be This exemption is subject to the rules prescribed by the county superintendent and approved by
the county board.
(k) A child shall be is exempt from the compulsory school
attendance requirement set forth in subsection (a) of this section
section one-a of this article if the requirements of this
subsection, relating to alternative private, parochial, church or
religious school instruction, are met. Exemption shall be made for
any child attending any private school, parochial school, church
school, school operated by a religious order or other nonpublic
school which elects to comply with the provisions of article twenty-
eight of this chapter.
(l) The Completion of the eighth grade shall does not exempt
any child under sixteen years of age the termination age designated
in section one-a of this article from the compulsory attendance
provision of this article.
§18-8-1a. Commencement and termination of compulsory school
attendance; public school entrance requirements;
exceptions.
(a) Notwithstanding the provisions of section one of this
article, compulsory school attendance shall begin begins with the
school year in which the sixth birthday is reached prior to
September 1 of such year or upon enrolling in a publicly supported
kindergarten program and continue to the sixteenth continues to the
seventeenth birthday or for as long as the student shall continue
continues to be enrolled in a school system after the sixteenth seventeenth birthday. Provided, That
(1) A child may be removed from such kindergarten program when
the principal, teacher and parent or guardian concur that the best
interest of the child would not be served by requiring further
attendance. Provided, however, That The principal shall make the
final determination with regard to compulsory school attendance in
a publicly supported kindergarten program. Provided further, That
(2) The compulsory school attendance provision of this article
shall be enforced against a person eighteen years of age or older
for as long as the person continues to be enrolled in a school
system, and shall may not be enforced against the parent, guardian,
or custodian of such the person.
(b) Attendance at a state-approved or Montessori kindergarten,
as provided in section eighteen, article five of this chapter, shall
be is deemed school attendance for purposes of this section. Prior
to entrance into the first grade in accordance with section five,
article two of this chapter, each child must have either:
(1) Successfully completed such publicly or privately
supported, state-approved kindergarten program or Montessori
kindergarten program; or
(2) Successfully completed an entrance test of basic readiness
skills approved by the county in which the school is located.
Provided, That such The test may be administered in lieu of
kindergarten attendance only under extraordinary circumstances to
be determined by the county board.
(c) Notwithstanding the provisions of this section and of section five, article two of this chapter and section eighteen,
article five of this chapter, a county board may provide for
advanced entrance or placement under policies adopted by said board
for any child who has demonstrated sufficient mental and physical
competency for such entrance or placement. Nothing herein shall
prevent
(d) This section does not prevent a student from another state
from enrolling in the same grade in a public school in West Virginia
in such grade as the student was enrolled at the school from which
the student transferred.
§18-8-4. Duties of attendance director and assistant directors;
complaints, warrants and hearings.
(a) The county attendance director and the assistants shall
diligently promote regular school attendance. They The director and
assistants shall:
(1) Ascertain reasons for inexcusable absences from school of
pupils students of compulsory school age and students who remain
enrolled beyond the sixteenth birthday the compulsory school age as
defined under section one-a of this article; and shall
(2) Take such steps as are, in their discretion, best
calculated to correct attitudes of parents and pupils students which
result in absences from school even though not clearly in violation
of law.
(b) In the case of five consecutive or ten total unexcused
absences of a child student during a school year, the attendance
director or assistant shall:
(1) Serve written notice to the parent, guardian or custodian
of such child the student that the attendance of such child the
student at school is required and that within ten days of receipt
of the notice the parent, guardian or custodian, accompanied by the
child student, shall report in person to the school the child
student attends for a conference with the principal or other
designated representative of the school in order to discuss and
correct the circumstances causing the inexcusable absences of the
child student; and if the parent, guardian or custodian does not
comply with the provisions of this article, then the attendance
director or assistant shall make complaint against the parent,
guardian or custodian before a magistrate of the county. If it
appears from the complaint that there is probable cause to believe
that an offense has been committed and that the accused has
committed it, a summons or a warrant for the arrest of the accused
shall issue to any officer authorized by law to serve the summons
or to arrest persons charged with offenses against the state. More
than one parent, guardian or custodian may be charged in a
complaint. Initial service of a summons or warrant issued pursuant
to the provisions of this section shall be attempted within ten
calendar days of receipt of the summons or warrant and subsequent
attempts at service shall continue until the summons or warrant is
executed or until the end of the school term during which the
complaint is made, whichever is later.
(c) The magistrate court clerk, or the clerk of the circuit
court performing the duties of the magistrate court as authorized in section eight, article one, chapter fifty of this code, shall
assign the case to a magistrate within ten days of execution of the
summons or warrant. The hearing shall be held within twenty days
of the assignment to the magistrate, subject to lawful continuance.
The magistrate shall provide to the accused at least ten days'
advance notice of the date, time and place of the hearing.
(d) When any doubt exists as to the age of a child student
absent from school, the attendance director shall have has authority
to require a properly attested birth certificate or an affidavit
from the parent, guardian or custodian of such child the student,
stating age of the child. The county attendance director or
assistant, shall have student. In the performance of his or her
duties, the county attendance director has authority to take without
warrant any child student absent from school in violation of the
provisions of this article and to place such child the student in
the school in which such child he or she is or should be enrolled.
(e) The county attendance director shall devote such time as
is required by section three of this article to the duties of
attendance director in accordance with this section during the
instructional term and at such other times as the duties of an
attendance director are required. All attendance directors hired
for more than two hundred days may be assigned other duties
determined by the superintendent during the period in excess of two
hundred days. The county attendance director shall be is
responsible under direction of the county superintendent for the
efficient administration of efficiently administering school attendance in the county.
(f) In addition to those duties directly relating to the
administration of attendance, the county attendance director and
assistant directors shall also perform the following duties:
(1) Assist in directing the taking of the school census to see
that it is taken at the time and in the manner provided by law;
(2) Confer with principals and teachers on the comparison of
school census and enrollment for the detection of possible
nonenrollees;
(3) Cooperate with existing state and federal agencies charged
with enforcement of enforcing child labor laws;
(4) Prepare a report for submission by the county
superintendent to the State Superintendent of Schools on school
attendance, at such times and in such detail as may be required.
The state board shall promulgate a legislative rule pursuant to
article three-b, chapter twenty-nine-a of this code that sets forth
student absences that shall be are excluded for accountability
purposes. The absences that shall be are excluded by the rule shall
include, but are not be limited to, excused student absences,
students not in attendance due to disciplinary measures and absent
students for whom the attendance director has pursued judicial
remedies to compel attendance to the extent of his or her authority.
The attendance director shall file with the county superintendent
and county board of education at the close of each month a report
showing activities of the school attendance office and the status
of attendance in the county at the time;
(5) Promote attendance in the county by the compilation of
compiling data for schools and by furnishing suggestions and
recommendations for publication through school bulletins and the
press, or in such manner as the county superintendent may direct;
(6) Participate in school teachers' conferences with parents
and students;
(7) Assist in such other ways as the county superintendent may
direct for improving school attendance;
(8) Make home visits of students who have excessive unexcused
absences, as provided above, or if requested by the chief
administrator, principal or assistant principal; and
(9) Serve as the liaison for homeless children and youth.
§18-8-6. The High School Graduation Improvement Act.
(a) This section is known and may be cited as "The High School
Graduation Improvement Act."
(b) The Legislature makes the following findings:
(1) West Virginia has a dire need to implement a comprehensive
approach to addressing the high school drop-out crisis, and to
develop policies and strategies that successfully assist at-risk
students to stay in school, earn a high school diploma, and
ultimately become productively contributing members of society;
(2) The current demands for a highly skilled workforce require
a high school diploma at the very minimum;
(3) The state has several dynamic programs that are capable of
actively engaging students in learning, providing students with a
sense of relevancy in academics, and motivating students to succeed in school and ultimately earn a high school diploma;
(4) Raising the compulsory school attendance age alone will
neither increase the graduation rate nor decrease the drop-out rate.
It is imperative that the state shift the focus from merely
compelling students to attend school to instead providing vibrant
and engaging programs that allow students to recognize the value of
a high school diploma or workforce credential and inspire students
to graduate from high school, especially those students who are at
risk of dropping out of school;
(5) Investing financially in this focus shift will result in
the need for fewer resources to be committed to enforcing compulsory
attendance laws and fewer incidents of disruptive student behavior;
(6) Absenteeism is proven to be the highest predictor of course
failure. Truant students face low self-confidence in their ability
to succeed in school because their absences cause them to fall
behind their classmates, and the students find dropping out easier
than catching up;
(7) There is a strong relationship between truancy and dropping
out of high school. Frequent absences are one of the most common
indicators that a student is disengaging from the learning process
and likely to drop out of school early. Intervention after fewer
absences is likely to have a positive impact on a student's
persistence to graduation;
(8) Students cite many reasons for dropping out of school, some
of which include engaging in drug culture, lack of positive
influence, role model or parental involvement, absence of boundaries and direction, lack of a positive home environment, peer pressure,
and poor community expectations;
(9) Dropping out of school has a profound negative impact on
an individual's future, resulting in limited job choices,
substantially lower wages and less earned over a life-time than high
school graduates, and a greater likelihood of depending on public
assistance and engaging in criminal activity;
(10) Career-technical education is a dynamic system in West
Virginia which offers numerous concentrations that provide students
with industry-recognized credentials, while also preparing them for
post-secondary education;
(11) All career-technical education students in the state have
an opportunity to earn free college credit through the Earn a
Degree-Graduate Early (EDGE) program;
(12) The current high school graduation rate for secondary
career-technical education completers is significantly higher than
the state graduation rate;
(13) Students involved in career-technical education learn a
marketable skill, are likely to find jobs, and become prepared for
post-secondary education;
(14) A significant number of students who could benefit from
participating in a career-technical program are denied access due
to a number of factors, such as dropping out of high school prior
to enrolling in career-technical education, requirements that
students repeat academic courses that they have failed, and
scheduling conflicts with the high schools;
(15) There has been a dramatic change over the years from
vocational education, which was very basic and lacked high level
skills, to the career-technical programs of today which are computer
based, require national tests and certification, and often result
in jobs with high salaries;
(16) West Virginia's employers and technical education job
placement rates show that the state needs graduates with technical
skills to compete in the current and future job markets;
(17) The job placement rate for students graduating from
career-technical programs statewide is greater than ninety-five
percent;
(18) Among the reasons students cite for dropping out of school
are feelings of hopelessness when they have failed classes and can
not recover credits in order to graduate;
(19) The state offers full-day programs consisting of credit
recovery, hands on experiences in career-technical programs and
basic education, which are valuable resources for re-engaging
students who have dropped out of school, or have a potential for or
are at risk of dropping out;
(20) A student is significantly more likely to graduate from
high school if he or she completes four units of training in
technical education;
(21) Learning is increased and retained at a higher level if
the content is taught through a relevant and applied experience, and
students who are able to experience academics through real life
projects have a higher probability of mastering the appropriate concepts;
(22) Programs such as "GED Option" and "Techademics" are
valuable resources for providing relevant and applied experience for
students;
(23) The Techademics programs administered by the department
of education has embedded math competencies in career-technical
program curricula whereby students simultaneously earn credit for
mastery of math competencies and career-technical courses;
(24) Students would greatly benefit if West Virginia were
designated as a "GED Option" state. Currently a student is
ineligible to take the General Educational Development (GED) exam
if he or she is enrolled in school, which requires the student to
drop out of high school in order to participate in a GED preparation
program or take the exam, even if the student desires to remain
enrolled;
(25) A GED Option state designation by the American Council on
Education would allow students in this state to remain enrolled in
school and continue acquiring academic and career-technical credits
while pursuing a GED diploma. The GED Option would be blended with
the West Virginia virtual schools or a career-technical education
pathway. Upon completion, rather than being a dropout, the student
would have a GED diploma and a certification in the chosen career-
technical or virtual school pathway;
(26) The Mountaineer Challenge Academy is a positive option for
students at risk of dropping out of school, as it provides students
with structure, stability, and a focus on positive change, all in an environment where negative influences and distractions can be
left behind;
(27) Students attending the Mountaineer Challenge Academy would
greatly benefit if the GED Option were implemented at the Academy;
(28) The Health Sciences and Technology Academy (HSTA) program
prepares rural, minority and economically disadvantaged students for
college and careers in the health sciences, and demonstrates
tremendous success in its high percentage of students who graduate
from high school and participate in post-secondary education.
(29) The West Virginia GEAR UP (Gaining Early Awareness and
Readiness for Undergraduate Programs) program is aimed at increasing
the academic performance and rigorous preparation of students,
increasing the number of high-poverty, at-risk students who are
prepared to enter and succeed in post-secondary education, and
increasing the high school graduation rate;
(30) The GEAR UP program successfully aids students in
planning, applying and paying for education and training beyond high
school;
(31) Each dropout involved in drugs or crime or dependent on
public assistance creates a huge fiscal burden on society;
(32) The intense treatment and individual monitoring provided
through the state's juvenile drug courts have proven to be highly
effective in treating drug addictions, and rehabilitating drug
addicted youth and improving their educational outcomes;
(33) Services provided by juvenile drug courts include
substance abuse treatment, intervention, assessment, juvenile and family counseling, heavy supervision by probation officers including
school-based probation officers who provide early intervention and
diversion services, and addressing some of the underlying reasons
why students are not successful in school;
(34) School participation and attendance are required for
students participating in juvenile drug courts, and along with
academic progress are closely monitored by the courts;
(35) Juvenile drug courts are an important strategy to improve
substance abuse treatment outcomes, and serve to save the state
significant cost on incarceration of the juveniles, along with the
future costs to society of individuals who remain substance abusers;
(36) Juvenile drug courts produce greater cost benefits than
other strategies that address criminal activity related to substance
abuse and addiction that bring individuals into the criminal justice
system;
(37) Funding for the increased number of students enrolled in
school during the 2010-2011 school year due to the compulsory school
attendance age increase established by this act will not be
reflected in the state aid formula allocation until the 2011-2012
school year, which will require additional funds to be provided to
county boards for the 2010-2011 school year to accommodate the
increased enrollment;
(38) The state will benefit both fiscally and through improved
quality of life if scarce state resources are targeted toward
programs that result in providing a competitive advantage as adults
for those students who are at risk of dropping out of school;
(39) Funds invested toward education and ensuring that students
complete high school pay tremendous dividends through the moneys
saved on incarceration, unemployment and underemployment as those
students reach adulthood; and
(40) Increasing the compulsory school attendance age will have
little effect in aiding students to complete high school if
additional resources, both fiscal and programmatic, are not
dedicated to supporting student achievement, providing real-life
relevancy in curriculum, and engaging students in learning,
particularly for those students who have become so disengaged from
school and learning that they are at risk of dropping out of school.
(c) The Legislature intends as follows:
(1) The state will continue to explore diverse instructional
delivery strategies to accommodate various learning styles and will
focus on a state-wide dropout intervention and prevention program
to provide support for students having academic difficulty;
(2) A general credit recovery program shall be implemented
statewide, including delivery through West Virginia virtual schools;
(3) The state board will continue to improve the way career-
technical education is offered, including expansion of the
Techademics program;
(4) Up to five additional juvenile drug courts shall be
established by January 1, 2012;
(5) The state will invest additional state funds and other
resources in strategies and programs that engage disconnected and
discouraged students in a positive learning environment as a critical first step to ensuring that students persist and graduate;
and
(6) County boards will develop plans to demonstrate how they
will use available funds to implement the intent of this section.
(d) Each county board shall include in its alternative
education program plan required by section six, article two, of this
chapter a plan to improve student retention and increase the
graduation rate in the county. The plan is subject to approval of
the state board, and shall include strategies the county board will
implement to achieve the following goals:
(1) Increasing the graduation rate for the county;
(2) Identifying at the earliest age possible those students who
are at risk of dropping out of school prior to graduation; and
(3) Providing additional options for delivering to at-risk
students academic credentials and career-technical training if
appropriate or desired by the student. The options may include such
programs as Techademics, Earn a Degree-Graduate Early (EDGE), Health
Sciences and Technology Academy (HSTA), Gaining Early Awareness and
Readiness for Undergraduate Programs (GEAR UP), truancy diversion,
early intervention, dropout prevention, prevention resource
officers, GED option, credit recovery, alternative learning
environments, or any other program or strategy approved by the state
board.
(e) As soon as is practicable the state superintendent or his
or her designee shall pursue designation of West Virginia as a "GED
Option" state by the American Council on Education. If so designated, the state board shall:
(1) Develop and implement a program whereby a student may
pursue a GED diploma while remaining enrolled in high school; and
(2) Ensure that the GED Option is offered to students attending
the Mountaineer Challenge Academy.
(f) The state board shall continue to expand:
(1) The Techademics program to include each major academic
subject and increase the academic credit available through the
program to students; and
(2) The Health Sciences and Technology Academy to ensure that
the program is available for any school containing any of the grade
levels of eligible students.
(g) The state board shall ensure that the dropout information
required by section twenty-four, article one-b, chapter fifteen of
this code is provided annually to the Mountaineer Challenge Academy.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-3a. Total state basic foundation program for fiscal years
2009 through 2013, only.
(a) Notwithstanding any other provisions of this article to the
contrary, and subject to the provisions of section twenty-one of
this article, the total basic foundation program for the state for
the fiscal year years 2009 through 2013 shall be the sum of the
amounts computed for each county in accordance with this section,
less the county's local share.
(1) For the fiscal year 2009, the Department of Education shall compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of one-fifth
above the amount computed for the county in accordance with the
provisions in effect for fiscal year 2008. The total basic
foundation program for the county is the greater of the two
computations.
(2) For the fiscal year 2010, the Department of Education shall
compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of two-fifths
above the amount computed for the county in accordance with the
provisions in effect for fiscal year 2008. The total basic
foundation program for the county is the greater of the two
computations.
(3) For the fiscal year 2011, the Department of Education shall
compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of three-fifths
above the amount computed for the county in accordance with the provisions in effect for fiscal year 2008, plus the additional total
amount computed pursuant to the increase in the per student amount
established in section twenty-one of this article which became
effective July 1, 2010. The total basic foundation program for the
county is the greater of the two computations.
(4) For the fiscal year 2012, the Department of Education shall
compute the total basic foundation program for each county in
accordance with the provisions of this article and in accordance
with the provisions of this article in effect for fiscal year 2008.
The total basic foundation program for each county computed in
accordance with this article is limited to a growth of four-fifths
above the amount computed for the county in accordance with the
provisions in effect for fiscal year 2008, plus the additional total
amount computed pursuant to the increase in the per student amount
established in section twenty-one of this article which became
effective July 1, 2010. The total basic foundation program for the
county is the greater of the two computations.
(5) For the fiscal year 2013 and each year thereafter, the
Department of Education shall compute the total basic foundation
program for each county in accordance with the provisions of this
article and in accordance with the provisions of this article in
effect for fiscal year 2008. For the fiscal year 2013 only, the
total basic foundation program for the county is the greater of the
two computations.
(b) When computing the basic foundation program for fiscal
years 2010 through 2013 only, the allowance for professional educators and the allowance for service personnel computed for each
school district in accordance with the provisions of this article
that became effective on July 1, 2008, shall be based on the number
of personnel that would be eligible based on the net enrollment of
the county notwithstanding the number employed for the second month
of the prior school term and notwithstanding the pro rata reduction
for failure to establish and maintain the minimum professional
instructional personnel ratios set forth in section four of this
article.
§18-9A-21. Funding for alternative education programs.
(a) An appropriation may be made to the state department to be
distributed to county boards for the operation of alternative
education and prevention programs established in accordance with
policies and procedures adopted by the state board under section
six, article two of this chapter. The appropriation shall be an
amount equal to twelve eighteen dollars per student in net
enrollment, subject to appropriation by the Legislature. The state
board shall distribute ninety-seven ninety-eight percent of the
total appropriation to the county boards proportionate to each
county's net enrollment. The remaining three two percent of the
appropriation shall be retained by the state department to support
the provision of services to the county boards in administering
programs established in accordance with policies and procedures
adopted by the state board under section six, article two of this
chapter. Provided, That
(b) Nothing in this section shall may be construed to require any specific level of funding by the Legislature.
ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-4. Court authorization and structure.
(a) Each judicial circuit or two or more adjoining judicial
circuits may establish a drug court or regional drug court program
under which drug offenders will be processed to address
appropriately, the identified substance abuse problem as a condition
of pretrial release, probation, incarceration, parole or other
release from a correctional facility.
(b) The structure, method, and operation of each drug court
program may differ and should be based upon the specific needs of
and resources available to the judicial circuit or circuits where
the drug court program is located.
(c) A drug court program may be preadjudication or post-
adjudication for an adult offender.
(d) Participation in drug court, with the consent of the
prosecution and the court, shall be pursuant to a written agreement.
(e) A drug court may grant reasonable incentives under the
written agreement if it finds that the drug offender:
(1) Is performing satisfactorily in drug court;
(2) Is benefitting from education, treatment and
rehabilitation;
(3) Has not engaged in criminal conduct; or
(4) Has not violated the terms and conditions of the agreement.
(f) A drug court may impose reasonable sanctions on the drug
offender, including incarceration for the underlying offense or expulsion from the program, pursuant to the written agreement, if
it finds that the drug offender:
(1) Is not performing satisfactorily in drug court;
(2) Is not benefitting from education, treatment or
rehabilitation;
(3) Has engaged in conduct rendering him or her unsuitable for
the program;
(4) Has otherwise violated the terms and conditions of the
agreement; or
(5) Is for any reason unable to participate.
(g) Upon successful completion of drug court, a drug offender's
case shall be disposed of by the judge in the manner prescribed by
the agreement and by the applicable policies and procedures adopted
by the drug court. This may include, but is not limited to,
withholding criminal charges, dismissal of charges, probation,
deferred sentencing, suspended sentencing, split sentencing, or a
reduced period of incarceration.
(h) Drug court shall include the Ten Key Components and the
drug court team shall act to ensure compliance with them.
(i) Nothing contained in this article shall confer confers a
right or an expectation of a right to participate in a drug court
nor does it obligate a drug court to accept every drug offender.
(j) Neither the establishment of a drug court nor anything
herein shall may be construed as limiting the discretion of the
jurisdiction's prosecutor to act on any criminal case which he or
she deems advisable to prosecute.
(k) Each drug court judge may establish rules and may make
special orders as necessary that do not conflict with rules and
orders promulgated by the Supreme Court of Appeals which has
administrative authority over the courts. The Supreme Court of
Appeals shall provide uniform referral, procedure and order forms
that shall be used in all drug courts in this state.
(l) In addition to the number of juvenile drug courts operating
on the effective date of this section, up to five additional
juvenile drug courts or regional juvenile drug court programs may
be established by January 1, 2012, as determined by the Supreme
Court of Appeals.
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