Bill Text: WV SB711 | 2022 | Regular Session | Introduced
Bill Title: Establishing alternative educational opportunities for elective course credit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2022-03-12 - Deferred until foot of Misc. Business [SB711 Detail]
Download: West_Virginia-2022-SB711-Introduced.html
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
Senate Bill 711
By Senator Rucker
[Introduced February 21, 2022; referred
to the Committee on Education]
A BILL to amend and reenact §18-2-7f of the Code of West Virginia, 1931, as amended, relating to establishing alternative educational opportunities for elective course credit; requiring the state board to establish, develop, and maintain a program whereby students can earn elective course credit for extended learning opportunities; establishing eligibility requirements for extended learning opportunity programs; setting forth parameters for the implementation of the program by the state board; providing for an application, denial, and appeals process; allowing for the auditing of approved programs; and providing guidelines for student credit transfers and transportation.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. state board of education.
§18-2-7f. Alternative educational opportunities for elective course credit.
(a) The Legislature finds and declares that:
(1) Programs outside of the traditional classroom have educational value;
(2) Many entities, including, but not limited to, nonprofit organizations, afterschool programs, businesses, and trade associations, may have an interest in offering programs outside of the traditional classroom that are attractive to students and contain educational value;
(3) Learning opportunities that are designed to address the interests and aptitudes of the individual student will enable students to discover, develop, and apply their individual talents to realize their full potential;
(4) Policies that allow for educational opportunities outside of the traditional classroom exist in other states;
(5) Providing credit for alternative educational opportunities will enrich the learning environment of students and develop well-rounded individuals ready for a life of learning, productive work, and community involvement.
(b) The State Board of
Education shall promulgate a rule requiring county boards of education to
develop an alternative educational opportunities policy that provides students
involved in educational opportunities outside of the traditional classroom to
receive elective course credit.
(1) Provide for an
application process for entities to submit proposals for alternative
educational programs that will qualify for elective course credit;
(2) Define which
entities are eligible to submit applications for alternative educational
programs: Provided, That entities which are deemed eligible shall be broadly
defined and shall include, but not be limited to:
(B) Businesses with
established locations in the state;
(C) Trade associations;
(D) Parents of students
involved in programs that may otherwise qualify as an alternative educational
program;
(E) Teachers involved in
programs outside of the traditional classroom; and
(F) School personnel
involved in programs outside of the traditional classroom;
(3) Provide for the
criteria to be used to evaluate the alternative educational program;
(4) Describe any
communication and collaboration needed between the local school, county board,
or State Board of Education to implement alternative educational opportunities;
(5) Place requirements
on the entity, such as background checks for key personnel, and minimum
accountability standards; and
(6) Provide a process
for student credit transfer.
(d) The county boards of
education shall have the authority to approve or deny an application for an
alternative educational program: Provided, That if the application is denied,
the county board shall provide a detailed explanation of the reasons for its
denial and suggest ways to improve the application that will assist its more
favorable view by the county board.
(e) The county boards of
education shall have the authority to audit approved alternative educational
programs at any time. If the audit results in findings that an approved program
is not meeting the provisions of this section or the policy outlined in
subsection (c) of this section, then the county board may disqualify the
program immediately
(b) Program Established. – The State Board of Education shall establish, develop, and maintain a program whereby students can earn elective course credit for extended learning opportunities that take place outside of the traditional classroom setting. In accordance with the requirements of this section, the State Board of Education shall permit any high school student to receive up to six elective course credits towards graduation for participating and completing any approved extending learning opportunity program.
(c) Eligibility of Extended Learning Opportunity Programs. – Entities eligible to provide extended learning opportunity programs within a county shall be broadly defined and shall include, but are not limited to, the following:
(1) Nonprofit organizations;
(2) Businesses with established locations in the state;
(3) Trade associations;
(4) Parents of students involved in programs that may otherwise qualify as an alternative educational program;
(5) Teachers involved in programs outside of the traditional classroom; and
(6) School personnel involved in programs outside of the traditional classroom.
In order to be certified as an eligible extended learning opportunity program, an individual or entity shall successfully complete an application process as established by the State Board of Education pursuant to the requirements of this section.
(d) Application Process. – An extended learning opportunity program shall qualify for elective course credit if it has been approved by State Board of Education. Individuals or entities seeking program accreditation shall complete an application form promulgated by the board, which shall include the following application criteria:
(1) A general explanation of the program’s qualifications and benefits;
(2) An outline of the overall program, including its goals, competencies and expected student outcomes;
(3) An outline of specific instructional activities, materials and learning environments;
(4) Written content standards and objectives;
(5) A description of the facilities, if any, utilized by the program; and
(6) An explanation of how the program intends to monitor student progress and complete assessment and grading for participating students.
The State Board of Education shall consider a completed extended learning opportunity program application within 45 days of receipt. An approved extended learning opportunity provider shall comply with all applicable federal and state health and safety laws and regulations, as well as any standards and safeguards as provided by the State Board of Education. Background checks are required for all key personnel or instructional staff of an extended learning opportunity provider, and a program shall provide its background check policy to participating families. A participating program shall also have proof of insurance.
(e) Program Denial and Appeal Process. -- If an extended learning opportunity program application is denied, the State Board of Education shall provide a detailed explanation of the reasons for the denial as well as an explanation of ways in which the program may improve its application in order to obtain a more favorable review by the board. An extended learning opportunity provider may appeal any program application denial by the State Board of Education to the circuit court of Kanawha County or to the circuit court of the county in which the program is administered. Denial of an extended learning opportunity program application appeal may not prohibit a provider from submitting another application aimed at addressing the concerns or improvements originally suggested by the board.
(f) Program Evaluation. – An approved extended learning opportunity program shall be monitored and evaluated at the end of its first year by the State Board of Education, which may consider in its evaluation input from any participating school’s principal or guidance counselors. If an extended learning opportunity program continues to meet the requirements of this section, its approval may be extended by the board for a period of five years.
Thereafter, the extended learning opportunity program shall be inspected and monitored on an annual basis. The State Board of Education may evaluate an approved program at any time and may disqualify an approved program if the provider has violated the requirements of state law or State Board of Education policies. An extended learning opportunity program may appeal any disqualification to the circuit court of Kanawha County or to the circuit court of the county in which the program is administered.
(g) Program Implementation and Participation. – Approved extended learning opportunity programs shall be implemented and coordinated at the local school level. The county boards of education shall adopt an alternative educational opportunities policy that facilitates implementation and participation in accordance with this section. The policy shall:
(1) Provide for a designee within each school that shall have primary responsibility for ensuring implementation and coordination of the extended learning opportunity policy; and
(2) Provide for a student seeking elective course credit in an accredited extended learning opportunity program to work with his or her designated advisor or guidance counselor towards participation in the program.
Students under the age of 18 shall have approval from a parent or legal guardian to participate in an extended learning opportunity program.
(h) Student Credit Transfer. – Students transferring from other schools may request acceptance of elective course credits awarded for completed extended learning opportunity programs. If the transferring student has completed a program previously approved by the State Board of Education, the credits shall be accepted and applied toward the student’s transcript. Completion of nonapproved extended learning opportunity programs shall be evaluated in accordance with a county board of education’s adopted policy on alternative educational opportunities for purposes of awarding credit.
(i) Transportation. – Because extending learning opportunity programs take place outside of the traditional classroom, transportation to and from an approved program is the responsibility of a student and his or her parent or legal guardian: Provided, That a local school district may provide transportation at its discretion.
(j) Auditing of Approved Programs. – The State Board of Education may audit approved extended learning opportunity programs at any time. If the audit results in findings that an approved program is not meeting the provisions of this section, then the board may disqualify the program immediately.
(k) The Department of Education shall prepare a report with respect to the implementation of extended learning opportunity programs in accordance with the provisions of this section to the Legislative Oversight Commission on Education Accountability by no later than December 31, 2022.
NOTE: The purpose of this bill is to update W.Va. Code provisions with respect to establishing elective course credit for extended learning opportunities and to require the State Board of Education to establish, develop and maintain a program whereby students can earn elective course credit for extended learning opportunities that take place outside of the traditional classroom setting.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
