Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
       2024 REGULAR SESSION
                ENGROSSED
          Committee Substitute for House Bill 5180
 By Delegates Crouse, Lucas, Petitto, Smith, Hornby,
              Adkins, and Burkhammer [Originating in the Committee on Education; Reported on February 19, 2024]
     Eng CS for HB 5180
  A BILL to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to
         home-schooled children; removing requirements to submit certain evidence on behalf of
         home-schooled children; and allowing a delay of transfer to home school from public
         schools in certain circumstances.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE                    8.        COMPULSORY                 SCHOOL             ATTENDANCE.
     §18-8-1. Compulsory school attendance; exemptions.
         (a) Exemption from the requirements of compulsory public-school attendance established
  in §18-8-1a of this code shall be made on behalf of any child for the causes or conditions set forth
  in this section. Each cause or condition set forth in this section is subject to confirmation by the
  attendance authority of the county. A child who is exempt from compulsory school attendance
  under this section is not subject to prosecution under §18-8-2 of this code, nor is such a child a
  status offender as defined by §49-1-202 of this code.
         (b) A child is exempt from the compulsory school attendance requirement set forth in §18-
  8-1a of this code if the requirements of this subsection, relating to instruction in a private,
  parochial, or other approved school, are met. The instruction shall be in a school approved by the
 county board and for a time equal to the instructional term set forth in §18-5-45 of this code. In all
 private, parochial, or other schools approved pursuant to this subsection, it is the duty of the
 principal or other person in control, upon the request of the county superintendent, to furnish to the
 county board such information and records as may be required with respect to attendance,
 instruction, and progress of students enrolled.
        (c) A child is exempt from the compulsory school attendance requirement set forth in §18-
 8-1a of this code if the requirements of either subdivision (1) or subdivision (2) of this subsection,
 both relating to home instruction, are met.
        (1) The instruction shall be in the home of the child or children or at some other place
 approved by the county board and for a time equal to the instructional term set forth in §18-5-45 of
                                                       1
     Eng CS for HB 5180
 this code: Provided, That the county board may not authorize a currently enrolled public school
 student to be instructed in the home if there is a pending child abuse or neglect investigation
 pursuant to §49-2-801 et seq. of this code, against a custodial parent or guardian with whom the
 child resides, or a person instructing the child, that is initiated by a schoolteacher or other school
 personnel within the child's school district pursuant to the mandatory reporting requirements of
 §49-2-803 of this code. The county superintendent shall develop and institute a policy, to ensure
 the county superintendent is contacted when a report of suspect abuse and neglect is made by a
 school teacher or other school personnel pursuant to the provisions of §49-2-803. Upon
 determination by the county superintendent that an investigation has been initiated, the
 superintendent shall request confirmation of case status from the Department of Human Services,
 which shall provide confirmation within 48 hours of receipt of the request. Unless another eligibility
 requirement prevents approval, if the complaint is not substantiated within 14 days of initiation, the
 superintendent shall authorize home instruction. If the request for home instruction is denied by
 the county board, good and reasonable justification for the denial shall be furnished in writing to
 the applicant by the county board. The instruction shall be conducted by a person or persons who,
 in the judgment of the county superintendent and county board, are qualified to give instruction in
 subjects required to be taught in public elementary schools in the state. The person or persons
 providing the instruction, upon request of the county superintendent, shall furnish to the county
 board information and records as may be required periodically with respect to attendance,
 instruction, and progress of students receiving the instruction. The state board shall develop
 guidelines for the home schooling of special education students including alternative assessment
 measures to assure that satisfactory academic progress is achieved.
        (2) The child meets the requirements set forth in this subdivision: Provided, That the county
 superintendent may, after a showing of probable cause, seek from the circuit court of the county an
 order denying home instruction of the child. The order may be granted upon a showing of clear and
                                                  1    2
     Eng CS for HB 5180
 convincing evidence that the child will suffer neglect in his or her education or that there are other
 compelling reasons to deny home instruction.
         (A) Upon commencing home instruction under this section the parent of a child receiving
 home instruction shall present to the county superintendent or county board a notice of intent to
 provide home instruction that includes the name, address, and age of any child of compulsory
 school age to be instructed and assurance that the child shall receive instruction in reading,
 language arts, mathematics, science, and social studies, and that the child shall be assessed
 annually in accordance with this subdivision. The person providing home instruction shall notify
 the county superintendent upon termination of home instruction for a child who is of compulsory
 attendance age. Upon establishing residence in a new county, the person providing home
 instruction shall notify the previous county superintendent and submit a new notice of intent to the
 superintendent of the new county of residence: Provided, That if a child is enrolled in a public
 school, notice of intent to provide home instruction shall be given on or before the date home
 instruction is to begin.
         (B) The person or persons providing home instruction shall submit satisfactory evidence of
 a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally
 accredited institution, or from an institution of higher education that has been authorized to confer
 a post-secondary degree or certificate in West Virginia by the West Virginia Council for Community
 and Technical College Education or by the West Virginia Higher Education Policy Commission.
         (C) Annually, the person or persons providing home instruction shall obtain an academic
 assessment of the child for the previous school year in one of the following ways:
         (i) The child receiving home instruction takes a nationally normed standardized
 achievement test published or normed not more than 10 years from the date of administration and
 administered under the conditions as set forth by the published instructions of the selected test
 and by a person qualified in accordance with the test’s published guidelines in the subjects of
 reading, language, mathematics, science, and social studies. The child is considered to have
                                                  1    3
     Eng CS for HB 5180
 made acceptable progress when the mean of the child's test results in the required subject areas
 for any single year is within or above the fourth stanine or, if below the fourth stanine, shows
 improvement from the previous year's results;
        (ii) The child participates in the testing program currently in use in the state's public
 schools. The test shall be administered to the child at a public school in the county of residence.
 Determination of acceptable progress shall be based on current guidelines of the state testing
 program;
        (iii) A portfolio of samples of the child’s work is reviewed by a certified teacher who
 determines whether the child’s academic progress for the year is in accordance with the child's
 abilities. The teacher shall provide a written narrative about the child's progress in the areas of
 reading, language, mathematics, science, and social studies and shall note any areas which, in
 the professional opinion of the reviewer, show need for improvement or remediation. If the
 narrative indicates that the child’s academic progress for the year is in accordance with the child's
 abilities, the child is considered to have made acceptable progress; or
        (iv) The child completes an alternative academic assessment of proficiency that is mutually
 agreed upon by the parent or legal guardian and the county superintendent.
         (D) A parent or legal guardian shall maintain copies of each student's Academic
 Assessment for three years. When the annual assessment fails to show acceptable progress, the
 person or persons providing home instruction shall initiate a remedial program to foster acceptable
 progress. The county board upon request shall notify the parents or legal guardian of the child, in
 writing, of the services available to assist in the assessment of the child’s eligibility for special
 education services. Identification of a disability does not preclude the continuation of home
 schooling. In the event that the child does not achieve acceptable progress for a second
 consecutive year, the person or persons providing instruction shall submit to the county
 superintendent additional evidence that appropriate instruction is being provided.
                                                  1   4
      Eng CS for HB 5180
          (E) The parent or legal guardian shall submit to the county superintendent the results of the
  academic assessment of the child at grade levels three, five, eight, and 11, as applicable, by June
  30 of the year in which the assessment was administered.
          (3) This subdivision applies to both home instruction exemptions set forth in subdivisions
 (1) and (2) of this subsection. The county superintendent or a designee shall offer such
 assistance, including textbooks, other teaching materials and available resources, all subject to
 availability, as may assist the person or persons providing home instruction. Any child receiving
 home instruction may shall upon approval of notice to the county board exercise the option to
 attend any class offered by the county board as the person or persons providing home instruction
 may consider appropriate subject to normal registration and attendance requirements.
         (d) A child is exempt from the compulsory school attendance requirement set forth in §18-
 8-1a of this code if the requirements of this subsection, relating to physical or mental incapacity,
 are met. Physical or mental incapacity consists of incapacity for school attendance and the
 performance of school work. In all cases of prolonged absence from school due to incapacity of
 the child to attend, the written statement of a licensed physician or authorized school nurse is
 required. Incapacity shall be narrowly defined and in any case the provisions of this article may not
 allow for the exclusion of the mentally, physically, emotionally, or behaviorally handicapped child
 otherwise entitled to a free appropriate education.
         (e) A child is exempt from the compulsory school attendance requirement set forth in §18-
 8-1a of this code if conditions rendering school attendance impossible or hazardous to the life,
 health, or safety of the child exist.
         (f) A child is exempt from the compulsory school attendance requirement set forth in §18-8-
 1a of this code upon regular graduation from a standard senior high school or alternate secondary
 program completion as determined by the state board.
         (g) A child is exempt from the compulsory school attendance requirement set forth in §18-
 8-1a of this code if the child is granted a work permit pursuant to the subsection. After due
                                                   1   5
      Eng CS for HB 5180
 investigation the county superintendent may grant work permits to youths under the termination
 age designated in §18-8-1a of this code, subject to state and federal labor laws and regulations. A
 work permit may not be granted on behalf of any youth who has not completed the eighth grade of
 school.
           (g) Exemption removed during the 2024 Regular Session of the West Virginia Legislature.
           (h) A child is exempt from the compulsory school attendance requirement set forth in §18-
 8-1a of this code if a serious illness or death in the immediate family of the child has occurred. It is
 expected that the county attendance director will ascertain the facts in all cases of such absences
 about which information is inadequate and report the facts to the county superintendent.
           (i) A child is exempt from the compulsory school attendance requirement set forth in §18-8-
 1a of this code if the requirements of this subsection, relating to destitution in the home, are met.
 Exemption based on a condition of extreme destitution in the home may be granted only upon the
 written recommendation of the county attendance director to the county superintendent following
 careful investigation of the case. A copy of the report confirming the condition and school
 exemption shall be placed with the county director of public assistance. This enactment
 contemplates every reasonable effort that may properly be taken on the part of both school and
 public assistance authorities for the relief of home conditions officially recognized as being so
 destitute as to deprive children of the privilege of school attendance. Exemption for this cause is
 not allowed when the destitution is relieved through public or private means.
           (j) A child is exempt from the compulsory school attendance requirement set forth in §18-8-
 1a of this code if the requirements of this subsection, relating to church ordinances and
 observances of regular church ordinances, are met. The county board may approve exemption for
 religious instruction upon written request of the person having legal or actual charge of a child or
 children. This exemption is subject to the rules prescribed by the county superintendent and
 approved by the county board.
                                                    1    6
      Eng CS for HB 5180
        (k) A child is exempt from the compulsory school attendance requirement set forth in §18-
 8-1a of this code if the requirements of this subsection, relating to alternative private, parochial,
 church, or religious school instruction, are met. Exemption shall be made for any child attending
 any private school, parochial school, church school, school operated by a religious order, or other
 nonpublic school which elects to comply with the provisions of §18-28-1 et seq. of this code.
        (l) Completion of the eighth grade does not exempt any child under the termination age
 designated in §18-8-1a of this code from the compulsory attendance provision of this article.
        (m) A child is exempt from the compulsory school attendance requirements set forth in
 §18-8-1a of this code if the child is an eligible recipient participating in the Hope Scholarship
 Program, as provided for in §18-31-1 et seq. of this code and provides a notice of intent to
 participate in the Hope Scholarship Program to the county superintendent. The county
 superintendent shall enter the following into the West Virginia Education Information System
 (WVEIS):
        (1) The filing of the notice of intent pursuant to this subsection;
        (2) In the case of a Hope Scholarship recipient who chooses an individualized instructional
 program, annually, the child's test results or determination that a student is making academic
 progress commensurate with his or her age and ability, as applicable, pursuant to §18-31-8(a)(4)
 of this code; and
        (3) In the case of an eligible recipient enrolling in a participating school, annually, the filing
 of a notice of enrollment pursuant to §18-31-11(a)(6) of this code.
        (n) A child is exempt from the compulsory school attendance requirement set forth in §18-
 8-1a of this code if the child participates in a learning pod or microschool pursuant to this
 subsection.
        (1) For the purposes of this subsection:
        (A) "Learning pod" means a voluntary association of parents choosing to group their
 children together to participate in their elementary or secondary academic studies as an
                                                    1    7
      Eng CS for HB 5180
 alternative to enrolling in a public school, private school, homeschool, or microschool, including
 participation in an activity or service provided to the children in exchange for payment; and
        (B) "Microschool" means a school initiated by one or more teachers or an entity created to
 operate a school that charges tuition for the students who enroll and is an alternative to enrolling in
 a public school, private school, homeschool, or learning pod.
        (2) Upon beginning participation in a learning pod or microschool pursuant to this
 subsection, the parent or legal guardian of the child participating shall present to the county
 superintendent or county board a notice of intent to participate in a learning pod or microschool
 that includes the name, address, and age of any child of compulsory school age participating and
 assurance that the child shall receive instruction in read