SB1 Senate Education Committee Comm Sub Passed Out of Senate Ed 1 15 19

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WEST VIRGINIA LEGISLATURE

2019 REGULAR SESSION
®

Committee Substitute

for

Senate Bill 1

By SENATORS CaRMICiHAs

(Mk, Peesinent), S¥POLT,

CLINE, TakUBO, Bos

CLEMENTS, SwOPE, SutH,
IMLeN*ELO, BALDWIN, STOL.INGS, WELD, AND PLYMALE,
[Originating in the Committee on Education; reported

on January 16, 2019)
AGILL to amend and reenact §18-2-6 of the Cos

Bo it enacted by the Legislature

‘of West Viginia, 1861, a8 amended: to amend

said codo by adding thereto 2 new section, designited §18-26-1"; to amend and! reenact

§18-98.2 of sald code; arc to amend said

designated §180-9-1, §180-9-2, 618

24, §°80-94, 5120-95.

rolating generally to inereasing access to vareer education and workforce taining

weed Career Education (A

establishing Adv

certain indlviduale who have completed a secondary education program in. public,

etivate, or home sehocl shal be cors'Gered adults enolled in eqular secondary programs

for funding purposes: requiring c2mmunity and technical colleges establish partnersiips
with career technical education certers, county feards of education, or both that provide

for ACE programs. proving -equirernen's for ACE programs and pathways; requiring the

Board of Educaton and he West Virginia Cauncl for Community and Technical Collegs
Eaucation promulgate joint qudetines: requiring the Division of Vocational Education and
‘the council maina'n ang annually report certain information, providing that community and
technical colloges and career technical eduoation centers shall particinata inane or moro
ACE partnershipe in order to recov certain funding; establishing the WV Invests Grant
Program; defining tems; autnorizing the coundito award WV Invests Grants under certain

15 and conditions, requiring the council to report certain information o7 the WV Invests

Grant Program’ requiring the counel to propose lagisatve rules; providing eligsility and
renewal requirements for a WY Invests Grant, requiring applicants enter into certain

agreements; and estatlishing the WV Invests Fund.

West Virgin

CHAPTER 18. EDUCATION.

ARTICLE 2, STATE BOARD OF EDUCATION.

§18-246, Classification and standardization of schools: standards for degrees and
siplomas; cortficates of proficiency; establishment of altemative education

programs

{@) The state boars shall promulgate cules for the aocresitaton slassticeton, and
standardization of all schools in the state, except instiutions of higher education, and shal
determine the minirium standards for grantng diplomas, advanced cerfigatons, and certifcates
of proficiency by those schools,

{1) The certiicales of profeciency shall inlude spectic information regarding the
stacunte ells, competence and reasiness fer employment, or haners and advanced ecueation
nd shall be grantes, along wth the diploma, to ovary olgible hign school graduate

{2} The certificate of proficiency shall inclu the pragram of study maje* eemcleted by the:

student only for those students who have complstee t love

stired major courses, oF hal
courses, advanced placement courses, college courses. or otter more rigorous substitutes
related fo the major, ard the recommended electives

{91 Students that have completed a secondary education program in a public, private. a1

home schol and havo continued fo be enroleo ina progrer leading to an advanced certification

of an advanced carser_education program shall be considered adults emolled in veqular

‘sevondery prograrss in accordanra with §18-9A. ii) ofthis eade

(6) Aa insittion of less than collogste cr university status may not grant any sipioma or

‘rticate of proficiency on any basis of work or merit below the minimum standards preserbed
by the state boars.
(©) A charter or atner instrument containing the right to issue diplomas or eertticates of

proficioncy may net be granted by the State of est Virginia to any instluion or other associations

br organizations of less than colegiale or unversty status within the state untl the condition of

{granting or issuing the diplornas or other cartieates of proficiency has frst been approved in

ing by the state board

(d) The state board shell promulgete a rule far the approval of alternative educa
28 programs for sierustve students who are at risk of not sucoserting in the taetional sctool
26 structure

7 (1) Tais aule may provide for the waiver of cther poles of the state coard. the
28 eslabliahent and dolvary of @ nontadtional cuniculurn, the establshent of licensure
29 requirements for aiemative educat on s-agram teachers, and iho eslablshment of performance
30 moasures for scnasl accreditation.

3t (2) This tule shall eside uniform definitions of disruptive student vehavicr and uniform

22 standards igs or previding otter intorvontons

placement of studants ir altemativa

33 including refeals to local juvenile courts to correct student henavior so that they can return ta &

gular classroom without engaging in further cisruptive eehav or.
35 {e) the stete Soard shall establish us to five plot projscts at the slarantary or midcle
36 schoallove's, or both, that empley alternative schools o othe placements for disruptive studarts
37 to learn appropriate behaviors <0 they can retum te tre veguler classroom without fucker
38 disrupting the learning environment. The stats board shall report to the Legislative Oversight

‘Commission on Education Accountability by December 1, 2010, on ils progress in establishing

40 the pilot projects and by December 1 in each year after that forthe duration of the pilt projects

41 on the effect of the pravects on maintaining student discipline.

a2 (6) IF student attends an approved alternative edusation pragram ar the Mountain

43. Challengo Academy, which 's designated as a special alternative education crogram pursuant to
44 §15-18-24 of this cade, and the student gracuates or passes the General Equivalency
45 Development tests within five years of beginning rinth grade, thal student shail be censidered

48 graduated fer the pursoses of caluiating the hig schoo! praduation vate used for schoo!

‘ediation and schoo! system aporoval, subject to the folowing
48 (1) The studert shall be considered gracuated only to tho extent tha this is not in confict
49 with any provision of federal law celating te graduation rates

50 (ifthe state board cetarrines that ths isin confct with a provision of federal law relating
to graduation rates, the stata bosrd shail request a walver fran the United States Decartment af

Education; anc

(9) ihe waiveris granted, rotwithstanding the provisions of §18-2.6(() ofthis cose, the
student gracuating or caseing the General Educalional-avolopment igh sooo! equivalency
tests within ve years shall be considered gractated

ig) The state board shall pramulgate a ule to sucport the operation ofthe National Guard
Youth Challenge Program opeisiea by the Adlulant Goneral and known as the Mountaineer

Challenge Academy which 's designated as a special aiternative education program pursuant 0

§75-1B-24 of tis code for students who are at risk of nat succeeding in the “aditiona! schoo!

structure. The rule shall set forth cies and procedures applicable oniy to the Mountaineer

Challenge Academy that provide for, but are no! limited to, the following

(1) Implementation of provisions eat forth in §15.10-24 of tis code:

{2} Precadence of tne policies and procedures designated by the National Guard Bureau
{ar the opsration ofthe Mountaineer Chalerge Academy special alternative educotion program;

{2) Consideration of student partcipatingin he Mountaineer Challenge Academy scecal
erative education program at ful enrolmon: status inthe refering county fr the purposes of
funding and ealoulating attendance and graduation rates, subject tothe falwing

(A) The stucent ehall be considered at full enraliment status only for the purposes of
calulating attendance and greduation rates tothe extent that thie is not in confit with any
provision of foseral law relating Yo attendanes or graduation rates

(8) F the stato board aa

nines shat ins isin earls: with a erovision of fedoral law
relatig to attendance or graduation rates, the state board shall request a waver fim the United
States Department of Education;

{(C)ifthe waiver is granted, notuitnstanding the provisions ct §18-2-Si9)(){4) ef this cade,

the student shall b= considered af full enrol ment ststus inthe referring county or the purposes

of caleuiating attendance and graduation rates. and
96

“8

9
100
101
402

(D) Consceration of the student a ful enrollment status in tre rafering county for tho
purposes of funding arsi calculating allendance and graduation rates only Foreny other purpose,

2 student pantiojgatng inthe

;caddemy Is considerec! withdrawn from the public schoo! system:
(® Amticulation of the knowiedge, skis, an competencies gained through altsmnatwa
education so that students whe relun tb regular education may proceed foward attainment or

may attain the stanc

for gracuati

ithout plication
(5) Consiceraton ot elgibilty to ‘axe the Genaval Educational Development tests by
quafying within the extaorina’y circumstances provisicrs established by state boerd rule for @
student participating in the Mountaineer Challenge Academy special aternative education
picgram who does not meet any other teria for light, and
(6} Payment oftuiton by @ county boar! tothe Mountaineer Challenge Academy for each

student graduating from the academy with a high school diploma that resides in that county

board's school distil. Far purpos ution’ means an amount equal ta 7
pevoant of the ameurt alotted per pucl under the school aid formula.
(6) Nothing in this section or the cules promulgated under tris section compels the

Mo

inlaineer Challenge Academy to be coerated as a special alternative education pr
be subject lo any other laws goveming the publis schools except by is consent,

(i) The Legistaure makes the following findings regarding students at risk

(1) Defeated ano clscoursged lesmers, —
(8) Any chile! who is unlikely to graduate on schodul with both the skils and self-esteem

necessary to exerese meaningful oplions in the areas of work, leisure, cukure, civic atars, and

parsoral lationships may be defined # being an at-risk student;

(B) Problems associated with students a rsk often begin for ther in the early grades 2s

they gracually fall further behind inthe essertia skls of reading, wrting, and math:

(C) These presiems nay be accompanied ty such behavior pattems as post attendance

inattentiveness, nagative alludes, and acting outin class. These caltems are bath symptoms of
ard aided catalysts for students to beceine Increasingly deveatsd and discouraged leamers:

(D} By the micdle grades, students with growing skil tits usually Know they ara eehind

lack of

onfdenes ard

other stucents and have gocd reason Io feel sisrourages. A grow

‘seltwarth, limited optimism forthe fulure, avoidance of school and aduh

and a cimming view of

the relationship between effort and achievement are among the charasterstics of defeated ans

iseouraged learners:

(E) Public schools are expacies to address tho needs of all studerts, minimizing the

hood ihat thay will Become at risk and giving adltfona’ attention ta thase wha ss; however,

tna craumstances involved vith a child becoming at risk aflen are complex ard may include
influences both within and! culside ofthe school environment; and

{F) in fragile homes, a otic wha is a risk and is becoming a discouraged and defeated
lamer atin lacks adequate support an may develoo peer ralationshipe tht further exacerbate
the cticuty ofreengaging him arher in learing, school, and respons'be social Bohavior

(2) The Legislature further nds sha: the ublic eenoole should net be dered ‘rom

seeking and assisting with onroliment af stucents in an aiternative program thet helps remedy the

clscouragement, lessens skill deticts, and facitates a sucessful retur to public schoo,

For this purpose, subject to approval of tre county superintendent, a student enoied in
the public schools ofthe county may cortinue to he enrolled while also enlled in an alternative
program subject a the folowing eonditors

(1) The alternative program is apprsved ey the state board

(2) The student meets tha gensral description ofan at-rsk student snd ext bs behaviors
and craractristies associated witha discouraged and defeated learner

(©) The attentive program comple wth ail requests ef the county superintendent for
information on the educational program and progress of the student,

The

native program Includes a farlly involvement carmponent in ils program. This

sompanent shall inclide, but is not limited te, providing far student ana parent participaton in
activities that help adress the challenging issues that nave hinderee the student's engageman:
and pragress in learning
(8) The alternative pregram incudes an on-site bearding option for students;

(@) The altemative program providas an individualized education program: for students that

's designed te prepare them for a successful transition back inta the rublic schools: and

(F) The parents or legal guarsian of the student make application for envallment of the
tusent in the alternative program, agree to the fers and conuitions for encallment, and enrol

the

aden inte program,
ARTICLE 2€. HIGH QUALITY EDUCATIONAL PROGRAMS.
{$18-26-44, Advanced Career Education (ACE}

(a) The Leaistatsre hereby makes the folowing tndngs:

(1) Preparing West Virania stuiomts to ackiove cast-secordary career ecucation and to

excel in the workforce isa responsivity shared arreng all stale education agencies and

ingitulions, The state's education agencies snd institutions can full ih's responsibilty

ication and valuacle

establishing partnerships tnat arable students to attain sdvances career

workforce skis in a more efficient ans advantageaus manne

2} The formation of partnershios betweer public secondary schools and communty ang

technical colleges which esiablish advancad carocr esucation proorams would orsura that 9 ful

range of community and technical nallege sroqrams and services ate provided in all areas of the

stat:

1] Programe which create clear and efficient pathways tral besin during secondary

education and lead to obtaining advarced catficalions and assaciale deqrues willinc-ease the

urbe of students :nat ultimately obtain 8 post-secondsry credentil or depres: and

(2) Mast Viginia's economic prosperity is citectly ied to the level anc quality of ts

of Ibis stale with inewased acones to cater

workforce saree: education Providing the studo

‘education will not only improve the gersral welbheing ef i's lizens, but sreatly enhance the
‘sconomls pusperiy ofthe staie,

(©) The pursose of this section ang the Advanced Career Educstion (ACE) programs

aulhorized hersin is to connect secondary schools yh communty and tecmieal colenes to

accomplish the following

(1) Prepare secondary students for success in post-secondary education and the

workforce: ang

(21 Provide more opportunites for secondary students to wah post seconclary collage:

cradits. cevtiicalions. and associate degrees,

{oc} To effccluate the purposes set forth in §18-2-11(by of thie code. the community anc

technical colleges and ihe cares tochrigsl education centers, county boards of education, or batt

in this state shall establish partnerships ‘hat provice fer ACE programs which feature detined

oathwavs thet begin hen a siugert Is in secondary education and that ultimately lead to

_astociale degrees awarded by community and technical colleges ACE programs shall be anual
available to public nonpublic_ans homeschool students,

ss thal consist of a curiculum af courses leading

id) ACE sroarames shall include path

to.an associate degree that has boon deemed to salsty a woiklorce ness as determined by the

Department of Commerce The Department of Commerae anal, on oesasion, but at lesst

annually provige urttan notficaisa to the Stale Board of Education ars the West Virginia Council

jermrination of areas of work'arce need

for Community and Technical College Education 3

within the state

{) The State Sucerinterdent of Schools and the Chancel ofthe Council fo- Community

and Technical College Education. or their designose, shall faciitate the ACE programe. At 3

‘Minimum, an ACE prosram shall satisy the folloning objectives

1) Provide additional opsortunites to students in ths elale to stein college credentials
through ACE psthwevs:

(21 Inerease the number cf students in tus state that atfsin college cradnlials trrougn
43

48

45

at

2

AGE pathways

{5} Allow students inthis state to attain

lage cresientials through ACE pathways at litte

or no cost

{4 Ensure that ACE pathways provice a clear roadmap to the courses and requirements

recess to attain college cradenlials. and

iS} Ensure tha! course requirements within ACE patnways are not cuplicated

(f; The boars and counci shal jointly promuloate quidetines for the administration of ACE

1 by beth the board and the cours

programs and cathways which must be affirmatively adopt

ALa minimum, such quigelines shall provise fr the following

(11 That ACE program partnershios esiabiished beiween community and technical

colleces and career technicel education centers. county boards of educalian, or both shall ke

reduces to writen perirership asreements
(2) The information reauired to be contained within carnership agreements;

fs must mae! tho requirements ofthe accrediting ent

(2) That ADE programe and patty

forthe community and technica! cplage awarding the aseoriste degrees,

nt of

(2) That wasinershio agreements shall be approved by the State Superinte

00s and the Chancellor far the Council ‘or Community and Technica! Callogs Education: and

(5. Any other provisions necessary to effectuate the purposes ef this section

{g) The Division of Vocational Education and tre council shall maintain ara annually eport
to tre Governor and the Loaislaive Oversight Corvmission on Education Acsountabity the
following information about ACE prosrams

(21.The identity and numberof partrerehin agreements

(2) The ACE orocrsms and pathways that are bsing utlized by career technical education

centers county board of educations, and canmurily and technical colges, and

fons anardes to students sartcioatng

(3) The nature and nude’ of seerees and cert

/n AGE pragrarns by each community and :ectricalcolene and carcer technival education contar