WEST virginia legislature
2018 regular session
House Bill 4183
By Delegates Espinosa, R. Romine, Upson, Higginbotham, Rohrbach, Kelly, Cooper, Westfall and Dean
[Introduced January 18,
to the Committee on Education.]
A BILL to amend and reenact §18-28-3 of the Code of West Virginia, 1931, as amended, relating generally to standardized testing requirements for nonpublic schools; removing restrictions on specific forms of nationally normed achievement tests that must be administered; requiring standardized tests to be administered to nonpublic students at same grade levels and subject areas required in public schools; requiring standardized achievement test administered to be published or normed within ten years from the date of administration; allowing additional testing at sole discretion of school; limiting accountability for composite scores to grade levels and subject areas required in public schools; removing requirement that every child be tested; and requiring minimum student participation rate on test for composite score to be valid.
Be it enacted by the Legislature of West Virginia:
ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS, OR SCHOOLS OF A RELIGIOUS ORDER.
§18-28-3. Standardized testing requirements.
(a) Each private, parochial
or church school or school of a religious order or other nonpublic school
electing to operate under this statute in lieu of the approval requirements set
forth as part of §18-8-1(b) of this code,
exemption A shall
administer on an annual basis during each school year to every child
enrolled therein between the ages of seven and sixteen years either the
comprehensive test of basic skills, the California achievement test, the
Stanford achievement test or the Iowa tests of basic skills tests of
achievement and proficiency a
nationally normed standardized achievement test which test will shall be selected by
the chief administrative officer of each school. in the subjects of English,
grammar, reading, social studies, science and mathematics The test shall be administered to students at the same grade levels and in the same
subject areas as required in the public schools of the state for administration
of the state-wide summative assessment.
The selected test shall be the most recent published or normed version of the
shall be administered under standardized conditions as set forth by the
published instructions of the selected test. Provided, That
The student participation rate on the
standardized achievement test must be the same as that required in the public
schools for a composite score to be considered valid.
subsection (a) of this section,
any private, parochial, church
school, school of a religious order or other nonpublic school that exclusively
teaches special education students or children with learning disabilities shall
not be required to comply with this subsection or subsection (d) of this
section, but shall academically assess every child enrolled therein between the
ages of seven and sixteen years on an annual basis during each school year academically assess students by one or more of the following methods: (1) A
standardized group achievement test; (2) a standardized individual achievement
test; (3) a written narrative of an evaluation of a portfolio of samples of a
child's work; (4) an alternative academic assessment of the child's proficiency
as mutually agreed by the county superintendent, parent(s) or legal guardian(s)
and the school. The assessment shall
be made of students at the same
grade levels and in the same subject areas as required in the public schools of
the state for administration of the state-wide summative assessment,
(c) Nothing in this section prohibits a private parochial, church school, school of a religious order or other nonpublic school from administering standardized achievement tests in additional subject areas or at additional grade levels as they may choose at their sole discretion.
(b) (d) Each child's testing or assessment results
and the school composite test results shall be made available to such
the child's parents or legal guardians. Upon request of a duly
authorized representative of the West Virginia Department of Education, the school
school’s composite test results shall be furnished by the school
or by a parents organization composed of the parents or guardians of children
enrolled in said school to the State Superintendent of Schools. (c) (e) Each school to which this article applies
(1) Establish curriculum objectives, the attainment of which will enable students to develop the potential for becoming literate citizens.
(2) Provide an instructional program that will make possible the acquisition of competencies necessary to become a literate citizen.
(d) (f) If such school the school’s composite
test results for any single year for English, grammar, reading, social
studies, science and mathematics fall below the fortieth percentile on the
selected tests standardized
achievement test or a comparable
level established by the state board for assessment methods authorized pursuant
to subsection (b) of this section, the
school as herein described shall initiate a remedial program to foster
achievement above that level. If after two consecutive calendar years school
composite test results are not above the fortieth percentile or comparable
level, attendance at the school may does no longer satisfy the
compulsory school attendance requirement exemption of exemption K of
§18-8-1(k) of this code, until such time as the percentile
standards herein set forth are met.
NOTE: The purpose of this bill is to remove certain restrictions on achievement tests that must be administered to nonpublic students.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.