ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 228
(By Senators Kessler (Acting President) and Hall,
By Request of the Executive)
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[Passed March 12, 2011; in effect from passage.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5B-11; and to
amend and reenact §18-8-3 and §18-8-6 of said code, all
relating to school attendance; creating the Local Solution
Dropout Prevention and Recovery Act; providing legislative
findings and purpose; requiring the state board to propose
legislative and emergency rules; defining terms; providing
application process, contents, factors to be considered in
evaluating the applications and standards for review for
designation of schools or school districts; exempting certain
persons from certification as attendance directors under
specific circumstances; requiring the state board to implement
a statewide electronic system through the uniform integrated
regional computer information system with early warning
indicators; creating special revenue fund in State Treasury entitled the Local Solution Dropout Prevention and Recovery
Fund.
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 §18-5B-11; and that
§18-8-3 and §18-8-6 of said code be amended and reenacted, all to
read as follows:
ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.
§18-5B-11. Local Solution Dropout Prevention and Recovery
Innovation Zone Act.
(a) Legislative findings, intent and purpose.
The Legislature finds that:
(1) High school graduation is an essential milestone for all
West Virginia students and impacts the future success of the
individual, community and state;
(2) There are significant correlations between educational
attainment and labor market outcomes, greater labor force
participation rate, increased employment rates, improved health,
and decreased levels of poverty and crime. The negative impact on
these linkages is most evident in the absence of high school
completion;
(3)Dropping out of school is a process, not an event, with
factors building and compounding over time;
(4)Students at risk of not completing high school can be
identified as early as sixth grade using the indicators of attendance, behavior and course failures. Therefore, a
comprehensive graduation plan must include a comprehensive systemic
approach that emphasizes early interventions;
(5) Research identifies a number of effective strategies for
engaging students that have the most positive impact on improving
high school graduation rates. Some of these strategies are
school-community collaboration, safe learning environments, family
engagement, early literacy development, mentoring and tutoring
services, service learning opportunities, alternative and
nontraditional schooling, offering multiple pathways and settings
for attaining high school diplomas, after-school opportunities,
individualized instruction and career and technical education;
(6) Schools cannot solve the dropout problem alone. Research
shows when educators, parents, elected officials, business leaders,
faith-based leaders, human service personnel, judicial personnel
and civic leaders collectively work together they are often able to
find innovative solutions to address school and community problems;
and
(7) Increasing high school graduation rates is an important
factor in preparing a college and career-ready citizenry. Higher
education institutions, including community and technical colleges,
are essential partners in creating local and statewide solutions.
(b) Therefore, the intent of the Legislature is to provide a
separate category of innovation zones designated "Local Solution
Dropout Prevention and Recovery Innovation Zones" intended to
achieve the following purposes:
(1) Provide for the establishment of Local Solution Dropout
Prevention and Recovery Innovation Zones to increase graduation
rates and reduce the number of dropouts from West Virginia schools;
(2) Provide schools and communities with opportunities for
greater collaboration to plan and implement systemic approaches
that include evidence-based solutions for increasing graduation
rates and reducing the number of dropouts;
(3) Provide a testing ground for innovative graduation
programs, incentives and approaches to reducing the number of
dropouts;
(4) Provide information regarding the effects of specific
innovations, collaborations and policies on graduation rates and
dropout prevention and recovery; and
(5) Document educational strategies that increase graduation
rates, prevent dropouts and enhance student success.
(c) Local Solution Dropout Prevention and Recovery Innovation
Zones.
A school, a group of schools or a school district may be
designated as a Local Solution Dropout Prevention and Recovery
Innovation Zone in accordance with the provisions of this article,
subject to the provisions of this section. The state board shall
propose rules for legislative promulgation, including an emergency
rule if necessary, in accordance with article three-b chapter
twenty-nine of this code to implement the provisions of this
section. All provisions of this article apply to Local Solution
Dropout Prevention and Recovery Innovation Zones, including but not limited to, the designation, application, approval, waiver of
statutes, policies, rule and interpretations, employee approval,
employee transfers, progress reviews, reports and revocations, and
job postings, subject to the following:
(1) For purposes of this section, a "school, a group of
schools or a school district" means a high school, a group of
schools comprised of a high school and any of the elementary and
middle schools whose students will attend the high school, or a
school district whose graduation rate in the year in which an
application is made is less than ninety percent based on the latest
available school year data published by the Department of
Education;
(2) The contents of the application for designation as a Local
Solution Dropout Prevention and Recovery Innovation Zone must
include a description of the dropout prevention and recovery
strategies and that the school, group of schools or school district
plans to implement if designated as a Local Solution Dropout
Prevention and Recovery Innovation Zone, and any other information
the state board requires. The application also shall include a
list of all county and state board rules, policies and
interpretations, and all statutes, if any, identified as
prohibiting or constraining the implementation of the plan,
including an explanation of the specific exceptions to the rules,
policies and interpretations and statutes required for plan
implementation. A school, a group of schools, or school district
may not request an exception nor may an exception be granted from any of the following:
(i) An assessment program administered by the West Virginia
Department of Education;
(ii) Any provision of law or policy required by the No Child
Left Behind Act of 2001, Public Law No. 107-110 or other federal
law; and
(iii) Section seven, article two and sections seven-a, seven-
b, eight and eight-b, article four, chapter eighteen-a of this
code, except as provided in section eight of this article;
(3) The factors to be considered by the state board when
evaluating an application shall include, but are not limited to,
the following:
(A) Evidence that other individuals or entities and community
organizations are involved as partners to collectively work with
t
he applicant to achieve the purposes as outlined in the dropout
prevention and recovery plan. These
individuals or entities and
community organizations
may include, but are not limited to,
individuals or entities and community organizations
such as
parents, local elected officials, business leaders, faith-based
leaders, human service personnel, judicial personnel, civic leaders
community and technical colleges
Higher education institutions;
(B) The level of commitment and support of staff, parents,
students, the county board of education, the local school
improvement council and the school's business partners as
determined in accordance with this article apply to become a Local
Solutions Dropout Prevention and Recovery Innovation Zone;
(C) The potential for an applicant to be successful in
building community awareness of the high school dropout problem and
developing and implementing its dropout prevention and recovery
plan; and
(D) Implementation of the statewide system of easily
identifiable early warning indicators of students at risk of not
completing high school developed by the state board in accordance
with section six, article eight of this chapter, known as The High
School Graduation Improvement Act, along with a plan of
interventions to increase the number of students earning a high
school diploma;
(4) The rule shall provide standards for the state board to
review applications for designation as a Local Solutions Dropout
Prevention and Recovery Innovation Zones;
(5) The application for designation as a Local Solutions
Dropout Prevention and Recovery Innovation Zone under this section
is subject to approval in accordance with sections five and six of
this article. In addition to those approval stages, the
application, if approved by the school employees, shall be
presented to the local school improvement council for approval
prior to submission to county superintendent and board. Approval
by the local school improvement council is obtain when at least
eighty percent of the local school improvement council members
present and voting after a quorum is established vote in favor of
the application; and
(6) Upon approval by the state board and state superintendent of the application,
all exceptions to county and state board rules,
policies and interpretations listed within the plan are granted.
T
he applicant school, group of schools or school district shall
proceed to implement the plan as set forth in the approved
application and no further plan submissions or approval are
required, except that
if an innovation zone plan, or a part
thereof, may not be implemented unless an exception to a statute is
granted by Act of the Legislature, the state board and state
superintendent may approve the plan, or the part thereof, only upon
the condition that the Legislature acts to grant the exception as
provided in this article.
(d) Local solutions dropout prevention and recovery fund.
There is hereby created in the State Treasury a special
revenue fund to be known as the "Local Solutions Dropout Prevention
and Recovery Fund." The fund shall consist of all moneys received
from whatever source to further the purpose of this article. The
fund shall be administered by the state board solely for the
purposes of this section. Any moneys remaining in the fund at the
close of a fiscal year shall be carried forward for use in the next
fiscal year. Fund balances shall be invested with the state's
consolidated investment fund and any and all interest earnings on
these investments shall be used solely for the purposes that moneys
deposited in the fund may be used pursuant to this section.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-3. Employment of county director of school attendance and assistants; qualifications; salary and traveling
expenses; removal.
(a) The county board of education of every county, not later
than August 1, of each year, shall employ the equivalent of a full-
time county director of school attendance if such county has a net
enrollment of more than four thousand pupils, at least a half-time
director of school attendance if such county has a net enrollment
equal to or less than four thousand pupils and such assistant
attendance directors as deemed necessary. All persons to be
employed as attendance directors shall have the written
recommendation of the county superintendent.
(b) The county board of education may establish special and
professional qualifications for attendance directors and assistants
as are deemed expedient and proper and are consistent with
regulations of the state Board of Education relating thereto:
Provided, That if the position of attendance director has been
posted and no fully certified applicant applies, the county may
employ a person who holds a professional administrative certificate
and meets the special and professional qualifications established
by the county board as attendance director and that person shall
not be required to obtain attendance director certification.
(c) The attendance director or assistant director shall be
paid a monthly salary as fixed by the county board. The attendance
director or assistant director shall prepare attendance reports,
and such other reports as the county superintendent may request.
(d) The county board of education shall reimburse the attendance directors or assistant directors for their necessary
traveling expenses upon presentation of a monthly, itemized, sworn
statement approved by the county superintendent.
§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;
(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; and
(41) Schools cannot solve the dropout problem alone. Research
shows when educators, parents, elected officials, business leaders,
faith-based leaders, human service personnel, judicial personnel
and civic leaders collectively work together they are often able to
find innovative solutions to address school and community problems.
(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;
(6) County boards will develop plans to demonstrate how they
will use available funds to implement the intent of this section;
and
(7) The state board shall develop a statewide system in
electronic format that will provide schools with easily
identifiable early warning indicators of students at risk of not
graduating from high school. The system shall be delivered through
the uniform integrated regional computer information system
(commonly known as the West Virginia Education Information System)
and shall at a minimum incorporate data on the attendance, academic
performance and disciplinary infractions of individual students.
The state board shall require implementation of the system in Local
Solution Dropout Prevention and Recovery Innovation Zones along
with a plan of interventions to increase the number of students
earning a high school diploma, and may utilize the zones as a pilot
test of the system.
(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.
(h) Some career and technical education programs only accept
students in certain upper high school grade levels due to lack of
capacity to accept the students in the lower high school grade
levels. This can be detrimental to efforts to keep students
identified as at risk of dropping out of school prior to graduation
in school. Therefore, those career and technical education
programs that limit enrollment to students in certain upper high
school grade levels may make exceptions for those at risk students
and enroll any of those at risk students who are in grades nine and
above.