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Introduced Version Senate Bill 386 History

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Senate Bill No. 386

(By Senators Tomblin (Mr. President) and Caruth,

By Request of the Executive)

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[Introduced February 26, 2009; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4 and §18-2L-5, all relating generally to critical skills evaluations for students in grades three and eight; setting forth legislative findings; requiring the creation of critical skills instructional support programs for students in grades three and eight; specifying that a critical skills instructional support program may occur after regular school hours or outside of the instructional term of the annual school calendar; requiring the retention of students in grades three and eight who do not meet certain proficiency standards; requiring the Board of Education to develop a model for the establishment of critical skills instructional support programs; establishing the duties and powers of the State Superintendent of Schools; and authorizing the promulgation of legislative rules.

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 article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4 and §18-2L-5, all to read as follows:
ARTICLE 2L. CRITICAL SKILLS EVALUATIONS AND INSTRUCTIONAL SUPPORT PROGRAMS.

§18-2L-1. Legislative findings.

The Legislature finds that:

(1) Grades three and eight are critical transition points for student success;
(2) Students at these grade levels who do not demonstrate grade-level proficiency in reading, language arts and mathematics are less likely to succeed at higher grade levels;
(3) It is in the public interest to provide for the establishment of mandatory after-school or summer school programs designed to provide additional instruction and support to students in grades three and eight who do not demonstrate grade-level proficiency in reading, language arts and mathematics;
(4) Students in grades three and eight who do not demonstrate grade-level proficiency in reading, language arts and mathematics after enrolling in and completing a mandatory after-school or summer school program should not be promoted to the next grade level; and
(5) The State Board of Education, the State Superintendent of Schools and county boards of education should cooperate to form and establish critical skills instructional support programs.
§18-2L-2. Proficiency standards for students in grades three and eight; critical skills evaluations.

(a) The state board shall adopt, by rule, reading, language arts and mathematics proficiency standards for students in grades three and eight. Each public school student in grades three and eight shall be required to meet the proficiency standards established by the state board to be eligible for promotion to the next grade level.
(b) To assist schools in evaluating students' proficiency levels, the state board shall promulgate rules providing for critical skills evaluations. The rules shall provide for the evaluation of each public school student in grades three and eight to determine whether the student meets the proficiency standards established by the state board.
(c) Students who meet the proficiency standards established by the state board may be promoted to the next grade level.
(d) Students who do not meet the proficiency standards established by the state board shall be required to enroll in a critical skills instructional support program established in accordance with this article. A student who enrolls in a critical skills instructional support program may be promoted to the next grade level: Provided, That the student successfully completes the program by meeting the proficiency standards established by the state board.
(e) A student in grade three or eight who does not meet the proficiency standards established by the board and who does not successfully complete a critical skills instructional support program may not be promoted to the next grade level.
(f) The state board shall adopt placement standards for public school students retained pursuant to this section that may provide for the placement of such students in a classroom or with a teacher or teachers that differs from the student's previous school year placement.
(g) Nothing in this article shall be interpreted as requiring a student's promotion to the next grade level.
§18-2L-3. Critical skills instructional support programs.
(a) The state board shall provide for the establishment of mandatory critical skills instructional support programs for public school students in grades three and eight who do not meet the proficiency standards established by the state board.
(b) Critical skills instructional support programs shall be designed to provide additional instruction, after regular school hours or outside of the instructional term of the annual school calendar, for students in grades three and eight who do not meet the proficiency standards established by the state board under section two of this article.
(c) The state board shall adopt a basic model and curriculum for critical skills instructional support programs. County boards shall establish critical skills instructional support programs in accordance with the basic model and curriculum adopted by the state board. County boards shall seek to maximize parental involvement in the establishment of critical skills instructional support programs.
(d) County boards shall provide suitable educational facilities, equipment and services to support critical skills instructional support programs established pursuant to this section.
§18-2L-4. Powers and duties of the State Superintendent of Schools.

(a) In addition to other powers and authority of the State Superintendent of Schools as provided in this code, he or she shall be responsible for:
(1) Encouraging and assisting county boards in establishing and operating critical skills instructional support programs;
(2) Preparing the necessary rules, policies, reporting forms and procedures necessary to establish and to define educational and curriculum standards for critical skills instructional support programs;
(3) Creating a formula for the distribution of available appropriated moneys to county boards for the support of critical skills instructional support programs;
(4) Ensuring the employment of qualified teachers and support personnel to provide instruction to students enrolled in critical skills instructional support programs;
(5) Receiving from county boards such applications and annual reports as may be required by rule of the state board;
(6) Receiving claims for reimbursement from county boards for moneys that may be appropriated by the Legislature for the establishment and operation of critical skills instructional support programs;
(7) Auditing claims for reimbursement from county boards and preparing vouchers to reimburse county boards for the amounts reimbursable to them;
(8) Ensuring that students in grades three and eight who do not meet the proficiency standards established by the state board in accordance with section two of this article are enrolled in critical skills instructional support programs; and
(9) Maximizing parental involvement in the establishment and creation of critical skills instructional support programs.
(b) The State Superintendent shall have the authority to exercise any additional powers afforded him or her under this code and to perform any additional duties necessary to administer the programs created pursuant to this article.
§18-2L-5. Legislative rulemaking authority.
The state board shall, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, promulgate legislative rules, including emergency rules, as necessary to effectuate the provisions of this article.

NOTE: The purpose of this bill is to authorize the State Board of Education to adopt reading, language arts and mathematics proficiency standards for students in grades three and eight, to create critical skills instructional support programs for students who do not meet proficiency standards established by the state board, and to provide for the retention of students who do not meet the proficiency standards established by the state board and who do not successfully complete a critical skills instructional support program.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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