Bill Text: WV HB2997 | 2018 | Regular Session | Introduced
Bill Title: Relating generally to applied associate of science degrees that target workforce needs
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-10 - To House Education [HB2997 Detail]
Download: West_Virginia-2018-HB2997-Introduced.html
WEST virginia Legislature
2017 regular session
By
[
to the Committee on Education
A BILL to amend and
reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating
generally to applied associate of science degrees that target workforce needs;
authorizing certain schools to grant applied associate of science degrees that
target workforce needs; requiring the West Virginia State Board of Education to
promulgate rules setting the minimum standards for granting applied associate
of science degrees that target workforce needs; and limiting the schools that
grant applied associate of science degrees that target workforce needs to
vocational technical schools which are accredited by the appropriate nationally
recognized accrediting agency or association approved by the United States
Department of Education.
Be it enacted by the
Legislature of West Virginia:
That §18-2-6 of the
Code of West Virginia, 1931, as amended, by amended and reenacted to read as
follows:
ARTICLE 2. STATE BOARD
OF EDUCATION.
§18-2-6. Classification
and standardization of schools; standards for degrees and diplomas;
certificates of proficiency; establishment of alternative education programs.
(a) The state board shall
promulgate rules for the accreditation, classification and standardization of
all schools in the state, except institutions of higher education, and shall
determine the minimum standards for granting diplomas, applied associate of
science degrees that target workforce needs, and certificates of
proficiency by those schools.
(1) The certificates of
proficiency shall include specific information regarding the graduate's skills,
competence and readiness for employment or honors and advanced education and
shall be granted, along with the diploma, to every eligible high school
graduate.
(2) The certificate of
proficiency shall include the program of study major completed by the student
only for those students who have completed the required major courses, or
higher level courses, advanced placement courses, college courses or other more
rigorous substitutes related to the major, and the recommended electives.
(3) The applied
associate of science degrees that target specific workforce needs shall only be
granted by vocational technical schools which are accredited by the appropriate
nationally recognized accrediting agency or association approved by the United
States Department of Education.
(b) An institution of less
than collegiate or university status may not grant any diploma or certificate
of proficiency on any basis of work or merit below the minimum standards
prescribed by the state board.
(c) A charter or other
instrument containing the right to issue diplomas or certificates of
proficiency may not be granted by the State of West Virginia to any institution
or other associations or organizations of less than collegiate or university
status within the state until the condition of granting or issuing the diplomas
or other certificates of proficiency has first been approved in writing by the
state board.
(d) The state board shall
promulgate a rule for the approval of alternative education programs for
disruptive students who are at risk of not succeeding in the traditional school
structure.
(1) This rule may provide
for the waiver of other policies of the state board, the establishment and
delivery of a nontraditional curriculum, the establishment of licensure
requirements for alternative education program teachers, and the establishment
of performance measures for school accreditation.
(2) This rule shall provide
uniform definitions of disruptive student behavior and uniform standards for
the placement of students in alternative settings or providing other interventions
including referrals to local juvenile courts to correct student behavior so
that they can return to a regular classroom without engaging in further
disruptive behavior.
(e) The state board shall
establish up to five pilot projects at the elementary or middle school levels,
or both, that employ alternative schools or other placements for disruptive
students to learn appropriate behaviors so they can return to the regular
classroom without further disrupting the learning environment. The state board
shall report to the Legislative Oversight Commission on Education
Accountability by December 1, 2010, on its progress in establishing the pilot
projects and by December 1 in each year after that for the duration of the
pilot projects on the effect of the projects on maintaining student discipline.
(f) If a student attends an
approved alternative education program or the Mountaineer Challenge Academy,
which is designated as a special alternative education program pursuant to
section twenty-four, article one-b, chapter fifteen of this code, and the
student graduates or passes the General Equivalency Development (GED) Tests
within five years of beginning ninth grade, that student shall be considered
graduated for the purposes of calculating the high school graduation rate used
for school accreditation and school system approval, subject to the following:
(1) The student shall be
considered graduated only to the extent that this is not in conflict with any
provision of federal law relating to graduation rates;
(2) If the state board
determines that this is in conflict with a provision of federal law relating to
graduation rates, the state board shall request a waiver from the United States
Department of Education; and
(3) If the waiver is
granted, notwithstanding the provisions of subdivision (1) of this subsection,
the student graduating or passing the General Educational Development (GED)
Tests within five years shall be considered graduated.
(g) The state board shall
promulgate a rule to support the operation of the National Guard Youth
Challenge Program operated by the Adjutant General and known as the Mountaineer
Challenge Academy which is designated as a special alternative education
program pursuant to section twenty-four, article one-b, chapter fifteen of this
code for students who are at risk of not succeeding in the traditional school
structure. The rule shall set forth policies and procedures applicable only to
the Mountaineer Challenge Academy that provide for, but are not limited to, the
following:
(1) Implementation of
provisions set forth in section twenty-four, article one-b, chapter fifteen of
this code;
(2) Precedence of the
policies and procedures designated by the National Guard Bureau for the
operation of the Mountaineer Challenge Academy special alternative education
program;
(3) Consideration of a
student participating in the Mountaineer Challenge Academy special alternative
education program at full enrollment status in the referring county for the
purposes of funding and calculating attendance and graduation rates, subject to
the following:
(A) The student shall be
considered at full enrollment status only for the purposes of calculating
attendance and graduation rates to the extent that this is not in conflict with
any provision of federal law relating to attendance or graduation rates;
(B) If the state board
determines that this is in conflict with a provision of federal law relating to
attendance or graduation rates, the state board shall request a waiver from the
United States Department of Education;
(C) If the waiver is
granted, notwithstanding the provisions of paragraph (A) of this subdivision,
the student shall be considered at full enrollment status in the referring
county for the purposes of calculating attendance and graduation rates; and
(D) Consideration of the
student at full enrollment status in the referring county is for the purposes
of funding and calculating attendance and graduation rates only. For any other
purpose, a student participating in the academy is considered withdrawn from
the public school system;
(4) Articulation of the
knowledge, skills and competencies gained through alternative education so that
students who return to regular education may proceed toward attainment or may
attain the standards for graduation without duplication;
(5) Consideration of
eligibility to take the General Educational Development (GED) Tests by
qualifying within the extraordinary circumstances provisions established by
state board rule for a student participating in the Mountaineer Challenge Academy
special alternative education program who does not meet any other criteria for
eligibility; and
(6) Payment of tuition by
a county board to the Mountaineer Challenge Academy for each student graduating
from the academy with a high school diploma that resides in that county board’s
school district. For purposes of this subdivision, “tuition” means an amount
equal to seventy-five percent of the amount allotted per pupil under the school
aid formula.
(h) Nothing in this section
or the rules promulgated under this section compels the Mountaineer Challenge
Academy to be operated as a special alternative education program or to be
subject to any other laws governing the public schools except by its consent.
(i) The Legislature makes
the following findings regarding students at risk:
(1) Defeated and discouraged learners. —
(A) Any child who is
unlikely to graduate on schedule with both the skills and self esteem necessary
to exercise meaningful options in the areas of work, leisure, culture, civic
affairs and personal relationships may be defined as being an at-risk student;
(B) Problems associated
with students at risk often begin for them in the early grades as they
gradually fall further behind in the essential skills of reading, writing and
math;
(C) These problems may be
accompanied by such behavior patterns as poor attendance, inattentiveness,
negative attitudes and acting out in class. These patterns are both symptoms of
and added catalysts for students to become increasingly defeated and
discouraged learners;
(D) By the middle grades,
students with growing skill deficits usually know they are behind other
students and have good reason to feel discouraged. A growing lack of self
confidence and self worth, limited optimism for the future, avoidance of school
and adults and a dimming view of the relationship between effort and
achievement are among the characteristics of defeated and discouraged learners;
(E) Public schools are
expected to address the needs of all students, minimizing the likelihood that
they will become at risk and giving additional attention to those who do;
however, the circumstances involved with a child becoming at risk often are
complex and may include influences both within and outside of the school
environment; and
(F) In fragile homes, a
child who is at risk and is becoming a discouraged and defeated learner often
lacks adequate support and may develop peer relationships that further
exacerbate the difficulty of reengaging him or her in learning, school and
responsible social behavior.
(2) The Legislature further
finds that the public schools should not be deterred from seeking and assisting
with enrollment of students in an alternative program that helps remedy the
discouragement, lessens skill deficits and facilitates a successful return to
public school.
For this purpose, subject to approval of the
county superintendent, a student enrolled in the public schools of the county
may continue to be enrolled while also enrolled in an alternative program
subject to the following conditions:
(1) The alternative program
is approved by the state board;
(2) The student meets the
general description of an at-risk student and exhibits behaviors and
characteristics associated with a discouraged and defeated learner;
(3) The alternative program
complies with all requests of the county superintendent for information on the
educational program and progress of the student;
(4) The alternative program
includes a family involvement component in its program. This component shall
include, but is not limited to, providing for student and parent participation
in activities that help address the challenging issues that have hindered the
student's engagement and progress in learning;
(5) The alternative program
includes an on-site boarding option for students;
(6) The alternative program
provides an individualized education program for students that is designed to
prepare them for a successful transition back into the public schools; and
(7) The parents or legal
guardian of the student make application for enrollment of the student in the
alternative program, agree to the terms and conditions for enrollment, and
enroll the student in the program.
NOTE: The purpose of this bill is
to authorize certain schools to grant applied associate of science degrees that
target workforce needs; require the West Virginia State Board of Education to
promulgate rules setting the minimum standards for granting applied associate
of science degrees that target workforce needs; and limit the schools that
grant applied associate of science degrees that target workforce needs to
vocational technical schools which are accredited by the appropriate nationally
recognized accrediting agency or association approved by the United States
Department of Education..
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.