Title 126 W. Va. C.S.R.

Education Education

Series 002 Individual School Accounting Procedures (1224.1)

W. Va. Code R. § 126-2-1 General

Scope. -- This legislative rule prescribes the accounting requirements and establishes the minimum system of accounting practices and procedures that are to be used by the public schools throughout the State of West Virginia. County boards of education are to develop local policies and regulations that supplement the provisions specified herein.

Authority. -- W. Va. Constitution, Article XII, § 2; and W. Va. Code §§18-2-5, 18-5-13(a)(1), 18‑9A-17 and 18-9B-1 et seq.

1.3. Filing Date. -- July 13, 2012.

Effective Date. – August 13, 2012.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR2, West Virginia Board of Education Policy 1224.1, “Accounting Procedures Manual for the Public Schools in the State of West Virginia,” filed July 15, 1996, and effective August 14, 1996.

W. Va. Code R. § 126-2-2 Incorporation by Reference

2.1. A copy of the Accounting Procedures Manual for the Public Schools in the State of West Virginia is attached and incorporated by reference. Copies may be obtained in the Office of Secretary of State and in the West Virginia Department of Education Division of Student Support Services.

2.2. Summary of the rules and regulations.

2.2.a. County boards of education, subject to the provisions of statute and the rules and regulations of the West Virginia Board of Education, have the authority and responsibility to require that records be kept of all receipts and disbursements of all funds collected or received by any principal, teacher, student, or other person connected with a school, and all programs, activities or other endeavors of any nature operated or carried on by or in the name of the school, or any organization or body directly connected with the school, to audit such funds, and to conserve such funds. All such funds so collected shall be deemed quasi-public moneys, and shall be expended for the benefit of the students of the school.

W. Va. Code R. § 126-2-3 Severability

3.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

ACCOUNTING PROCEDURES MANUAL

FOR THE PUBLIC SCHOOLS IN THE

STATE OF WEST VIRGINIA

Office of School Finance West Virginia Department of Education Accounting Procedures Manual for the Public Schools in the State of West Virginia Foreword This manual prescribes the basic accounting requirements that have been established by the State Board of Education for the public schools in West Virginia. It revises the previous version of this policy.

The manual has been updated to provide guidance for contemporary banking and electronic signatures. It also clarifies areas previously unaddressed in the preceding edition.

Principals, secretaries, teachers, volunteers, and members of school support organizations will find this manual invaluable in discharging their duties as it relates to the financial operation of their organization.

The procedures described in the manual were developed by the Office of School Finance in cooperation with the Accounting Procedures Committee comprised of representatives from the Chief Inspector Division of the State Auditors’ Office, RESA finance officers, and county Chief School Business Officials.

Jorea M. Marple, Ed. D.

State Superintendent of Schools TABLE OF CONTENTS Introduction 1

Chapter 1 – School Operations 2-28

1-1 Accounting System 3

1-2 Internal Control Structure 3

1-3 Separate Entity 3-4

1-4 Responsibility 4

1-5 Fund Accounting 4-5

1-6 Basis of Accounting 5

1-7 Accounting Records 5

1-8 Transaction Journal 5-6

1-9 Signatures 6

1-10 Bank Accounts 6-7

1-11 Investments 7

1-12 Collections 7-8

1-13 Accounts Receivable 8

1-14 Child Nutrition Accounts 8

1-15 Issuance of Receipts 8-9

1-16 Bank Deposits 9-10

1-17 Checks Returned by Bank for Insufficient Funds 11

1-18 Authorized Expenditures 11

1-19 Purchase Orders 12

1-20 Itemized Claim for Payment 12-13

1-21 Travel Expenses 13-14

1-22 Payment for Personal Services 14-15

1-23 Disbursement 15-16

1-24 Posting Disbursements 16

1-25 Tuition Remittance 16

1-26 Petty Cash 16-17

1-27 Stop Payments and Cancellation of Outstanding Checks 17

1-28 Reconciliation of Bank Statements 17-18

1-29 Event Receipts 18

1-30 Starting Cash 19

1-31 SSAC Tournaments 19

1-32 Uniforms, Equipment and Team Merchandise 19

1-33 Class Activity Accounts 19-20

1-34 Fund Raisers 20-21

1-35 Concession Sales 21

1-36 Vending Machine Sales 21-22

1-37 Faculty Senate Funds 22-24

1-38 Consumer Sales Tax on Sales 24-25

1-39 Consumer Sales Tax on Purchases 25

1-40 Business Registration Certificate 25-26

1-41 Monthly Financial Statements 26

1-42 Annual Financial Statements 26-27

1-43 Annual Examination 27-28

1-44 Records Retention 28 TABLE OF CONTENTS (cont’d)

Chapter 2 – Parent-Teacher Associations, Booster Groups and Other School Support Organizations 29-37

2-1 General 30

2-2 Organization 30-31

2-3 Transaction Journal 31

2-4 Bank Accounts 31-32

2-5 Collections 32

2-6 Disbursements 32-33

2-7 Posting Disbursements 33

2-8 Concession Sales 33

2-9 Fund Raisers 33-34

2-10 Event Receipts 34

2-11 Reconciliation of Bank Statements 34-35

2-12 Annual Financial Statements 35

2-13 Consumer Sales Tax on Purchases 35

2-14 Consumer Sales Tax on Sales 35-36

2-15 Business Registration Certificate 36

2-16 Review of Financial Records 37

2-17 Records Retention 37 Appendixes

Appendix A – Sample Forms 39-51 Bank Reconciliation 40 Employee Travel Expense Reimbursement Request 41 Faculty Senate Teacher Allotment Itemized Expenditure Schedule 42 Faculty Senate Budget 43 Fund Raiser Profit/(Loss) Statement 44 Teacher’s Cash Receipts Report 45 Ticket Log 46 Individual Ticket Seller’s Report 47 Composite Ticket Sales Report 48 Statement of Revenues, Expenditures, and Changes in Fund Balance 49 Balance Sheet 50

Appendix B – Sales Tax Information 51-61 ABC’s of Sales and Use Tax for Public Schools 52-54 Special Sales and Use Tax Rules for Nonprofit Organizations 55-57 Sales and Use Tax Exemptions 58-61

Appendix C – Authorized and Unauthorized Expenditures 62-64 Authorized and Unauthorized Expenditures 63-64

Appendix D – Employee or Independent Contractor 65-71 Control Factors Used in Determination 66 Factors that Suggest Employee Status 67 Factors that Suggest Independent Contractor Status 68 Independent Contractor Checklist 69 Attorney General’s Opinion on Game Officials (March 3, 1986) 70-71

Appendix E – School Financial Review Checklist 72-80 School Financial Review Checklist 73-80 Accounting Procedures Manual For the Public Schools in the State of West Virginia INTRODUCTION

Purpose: The purpose of this manual is to describe the minimum system of accounting practices and procedures that is to be followed by the public schools in the State of West Virginia. The manual is an integral part of West Virginia Board of Education Policy Number 1224.1, Individual School Accounting Policy. This manual revises the previous version of this policy.

Fiduciary Responsibility: Inherent in the governing process of this State, public officials and employees entrusted with public funds are expected to safeguard those funds and expend them in a manner that is efficient, economical and effective to achieve the purpose for which they were provided. Officials and employees who handle such funds must provide a full accounting of their activities to the public and to other levels of government.

County boards of education, subject to the provisions of statute and the rules and regulations of the State Board of Education, have the authority and responsibility to require that records be kept of all receipts and disbursements of all funds collected or received by any principal, teacher, student, or other person connected with the school, and all programs, activities or other endeavors of any nature operated or carried on by or in the name of the school, or by any organization or body directly connected with the school, to audit such funds, and to conserve such funds. All such funds so collected shall be deemed quasi-public moneys, and shall be expended for the benefit of the students of the school.

The accounting practices and procedures prescribed in this manual apply to every public school in the State, including multi-county vocational centers. County boards of education are encouraged to develop local policies and regulations that supplement the provisions specified herein.

SCHOOL OPERATIONS

Chapter 1 School Operations

CHAPTER 1

SCHOOL OPERATIONS 1-1. Accounting System:

An accounting system is comprised of the forms, records, procedures and controls used to process financial data and produce reliable reports. An accounting system includes three basic functions:

1. The recording of transactions.

2. The summarizing of transactions.

3. The reporting and interpreting of summary information. 1-2. Internal Control Structure:

An integral part of any effective accounting system is a well-designed internal control structure. A school’s control structure consists of the overall attitude, awareness and actions of the principal and other management personnel.

A good internal control structure is a key factor in the effective management of a school. Internal controls encompass both accounting and administrative control procedures.

The purpose of internal accounting and administrative controls is to provide a means for safeguarding a school’s assets, checking the reliability of its accounting records, promoting operational efficiency and encouraging adherence to prescribed accounting practices and procedures.

Some of the characteristics of a good internal control system include: $ Proper authorization of transactions and activities $ Adequate segregation of duties $ Adequate documentation and records $ Adequate safeguards over use and access $ Independent checks over performance 1-3. Separate Entity:

Each school is considered to be a separate and distinct financial accounting entity. As such, a complete set of accounting records must be maintained for each school in which is recorded all financial activities of the school. Separate monthly and annual financial statements are to be prepared by each school, including multi-county vocational centers.

Only financial activities of the school are to be recorded in the school’s accounting records; personal transactions of the staff, such as coffee or flower fund collections, are not to be entered in the school’s accounting records or mixed in with the revenues of the school.

Schools are not legal entities and school personnel, including principals, do not have the statutory authority to enter into contracts or obligate board funds. 1-4. Responsibility:

The school principal is responsible for the financial management of the school. The principal must ensure that all provisions of this manual and local board policies and procedures are complied with, that all accounting records are maintained accurately, and that all financial reports are prepared and submitted in a timely manner. 1-5. Fund Accounting:

A fund is a separate group of self-balancing accounts in which all cash, revenues, expenditures and residual balances are recorded and segregated for a specific purpose or objective. For an efficient system of operation, only the minimum numbers of funds necessary for sound financial management should be maintained.

Each county board of education shall establish by local policy the number of funds the schools within the county are authorized to maintain. In establishing such policy, the board should consider the size of the school, the benefits to be derived from maintaining separate funds, and the availability of adequate personnel at the school to perform the accounting tasks required in maintaining separate funds.

The different funds that may be maintained at a school are limited to the following:

General Fund - The fund used to account for the general operations of the school and all other financial resources of the school except those accounted for in another fund. Every school is required to maintain a General Fund.

Faculty Senate Fund - A fund used to account for the revenues and expenditures of the school’s faculty senate.

Athletic Fund - A fund used to account for the revenues and expenditures of the athletic programs at each school.

Note: Activities for Faculty Senate and Athletics may be recorded as sub-accounts of the General Fund rather than in separate funds.

A school may establish as many separate sub-accounts within each fund as is considered necessary to accurately account for the financial activity of the school. A sub-account is defined as a group or particular activity with a claim against the assets of the school without regard to the specific asset (checking, savings, certificate of deposit (C.D.), etc.) 1-6. Basis of Accounting:

Basis of accounting refers to when revenues and expenditures are recognized in the accounting records and reported in the financial statements. Specifically, it relates to the timing of the measurements made.

All schools are to maintain their accounting records on the cash basis of accounting, modified at year end to reflect any receivables or payables that may exist. Revenues are to be recognized when received and expenditures when checks are issued. 1-7. Accounting Records:

The following accounting records must be maintained for each fund:

Pre-numbered receipt forms Transaction (Receipts and disbursements) Journal Requisition and purchase orders Bank checkbook Bank deposit slips Monthly financial statements Annual financial statements 1-8. Transaction Journal:

A transaction (receipts and disbursements) journal is to be maintained for each fund established at a school to record all receipts and disbursements of the fund. It is recommended that all county boards require a standardized electronic accounting system for all schools within a county to use.

Regardless of whether a computerized or manual system is used, the following transactions must be posted to the transaction journal on a daily basis: all receipts; all disbursements; all voided receipts; all voided checks; all interest earned; all bank charges; all transfers between accounts within a fund; all transfers between different funds; and all transfers between depository and investment bank accounts.

Each posting must include the following: the date of the transaction; receipt or check number listed in numeric order, name of payor or payee; and individual account(s) for which the collection or disbursement was made.

A cash control/balance column must be maintained to reflect the cash balance available at any time in the fund.

The transaction journal for each fund is to be footed and cross-footed (added down and across) each month to ensure that errors have not been made. If errors are found to exist, they must be identified and corrected as soon as possible, using correcting journal entries. Do not write over or use correcting fluid to make corrections. Make the necessary journal entries and include a brief explanation of why the adjusting entries were made. 1-9. Signatures:

Signatures are generally required to be manual handwritten signatures; however, the use of electronic signatures is acceptable so long as the signature is password protected. Signature stamps or preprinted signatures do not satisfy the requirements in this manual.

Two signatures are required on every check issued by the school, regardless of the fund from which issued. Both signatures cannot be by the same individual. 1-10. Bank Accounts:

Every bank account in which school funds are deposited must be insured or the bank must provide adequate bond to cover the maximum amount that may be deposited at any one time. The account must contain the name of the county board of education, the name of the school, the name of the fund, and the county board’s Federal Employer Identification Number (FEIN). Any funds deposited in an account with the county board’s FEIN number must be accounted for in the school’s general ledger and must follow the procedures in this manual.

Bank signature cards for individuals that have signature authority on local bank accounts must be maintained current at all times. The school principal must have signature authority for every account in which school funds are deposited. In addition, the chief school business official of the county must also have signature authority on all accounts, including C.D. and investment accounts. This will ensure that the schools have access to school funds during circumstances in which the principal and his/her designee, if applicable, are absent unexpectedly or for an extended period of time. Signature stamps are not acceptable.

All checks must have pre-printed on them the name of the school, the fund, the school address, the check number and two blank spaces for signatures.

Only one (1) checking account per fund may be maintained. An exception to this is that the Vocational and Adult Education Centers are permitted to have a separate checking account for Pell Grants.

The total of all cash and investment accounts should be equal to the total of all activity sub-accounts. 1-11. Investments:

Good fiscal management dictates that all excess funds be invested to maximize the amount of funds available to a school. Each principal or designee should closely monitor the available cash balance of each fund for investment possibilities.

The types of investments that schools are permitted to make are:

Interest bearing checking accounts Savings accounts Certificates of deposit Money market certificates State Consolidated Investment Fund Every account in which school funds are deposited must be insured or the bank must provide bond to cover the maximum amount that may be invested at any one time. 1-12. Collections:

All moneys collected from school activities, including child nutrition, must be remitted daily to the school principal or to the individual designated by the principal to be responsible for the fund. In situations where the moneys are collected after normal school hours or on weekends, the funds are to be remitted the following school day.

The total amount of money remitted to the principal or designee must be reconciled to the detailed records that support the collections.

Any checks collected by the school must be made out to the school. Checks may not be made payable to an employee or school group representative. Checks may be made payable to an approved third party vendor providing a commission to the school in the form of cash or merchandise (ex: school pictures, scholastic, etc.).

Certain types of collections from students, such as for field trips and meals, will require the preparation of a detailed record in which is listed each student’s name and amount remitted.

Detailed records are also to be maintained for all fund raisers conducted in the name of the school. See Appendix A for sample copies of the forms to be used.

To decrease the risk of theft, each check received by a school is to be stamped on the back with a restrictive endorsement at the time of receipt. The endorsement stamp should state the following:

For deposit only The name of the school The name of the fund The account number 1-13. Accounts Receivable:

The school principal or designee is responsible for ensuring that all unpaid charges are collected. This includes not only recovering the actual amount due, but all court costs or other charges incurred by the school as a result of the collection effort. Local procedures should be established to provide guidance. When the funds are recovered, a receipt is to be issued for the total amount recovered and the total is to be deposited.

If accounts receivable are determined to be uncollectible, the school is to file an annual report with the chief school business official showing the names of the individuals from whom the bills are due and the total amount that has not been collected or provide a computer report with similar information. A file should be maintained for each individual to show the actions taken to collect the funds due. 1-14. Child Nutrition Accounts:

Prior to allowing charge privileges for meals provided by the child nutrition program, an approved county board policy must be in place regarding collections of outstanding balances for meal charges. If charge privileges are extended to employees, the county board approved collection policy must be enforced. 1-15. Issuance of Receipts:

A pre-numbered receipt must be issued for all collections at the time the funds are collected, regardless of whether the collections are in cash or by check. This includes, but is not limited to, all revenues collected from students and parents; vending machine sales, concession stand and cafeteria sales; gate receipts from competitive events; proceeds from carnivals, book fairs and other student activities; fund drive collections; donations; refunds from vendors; tuition payments; and reimbursements from the central board office. The total amount of receipts issued must equal the total amount of funds received.

Receipts are not to be issued for deposits that result from the transfer of funds from savings or investment account or for the initial re-deposit of personal checks that have been returned by the bank for insufficient funds. Receipts, however, are to be issued when the funds are recovered from re-deposited checks that are returned a second time for insufficient funds. See Section 1-17 for the proper accounting procedures to use for checks returned a second time.

Receipts are to be prepared in duplicate (for electronic receipts simply print two copies): the original is to be given to the individual from whom the funds were received at the time the moneys were remitted; the copy is to be retained in numeric order, either in the receipt book or in a file established for this purpose.

Every receipt issued must show the following information: the date, amount received, form of payment (cash or check), name of the individual from whom received, purpose of the collection and the fund and account for which the monies were received.

Every receipt must contain a valid signature. The use of electronic signatures is acceptable so long as the signature is password protected. Signature stamps or pre-printed signatures are not allowed.

In situations where classroom teachers, sponsors, or other individuals are originally collecting fees from a group of students for some student activity, the collections may be recorded on a single list rather than issuing a receipt to each student individually. The list must reflect the student’s name, amount being collected, date of collection, whether the collection was by check or cash, the purpose for the collection, and the name of the individual who collected the funds and is remitting the funds to the school. A copy of the list must be provided to the school principal or designee at the time the collections are remitted to the school to support the total amount being remitted. A sample copy of the form is illustrated in Appendix A. The list is to be retained in the receipt file.

If an error is made while preparing a receipt, void the receipt and issue another one. To void a receipt, write the word ”VOID” across the face of the receipt and retain the original along with the copy in the receipt file. Do not discard voided receipts.

All receipts written must be posted daily, and in numeric order, including those that were voided. Receipts should normally be posted individually but may be posted in a batch, if the funds received are from the same source and receipted on consecutively numbered receipts. The range of receipt numbers in the batch must be shown in the receipt journal. 1-16. Bank Deposits:

All funds collected must be deposited intact in a bank depository account. If more than one bank account is being maintained at a school, care must be exercised to be certain that collections are deposited in the correct bank account. No cash disbursements are to be made from collections and no personal checks are to be cashed.

To minimize the risk of loss or theft, it is recommended that bank deposits be made on a daily basis. However, a bank deposit must be made whenever total collections on hand exceed $500 or before any extended school holiday. Bank deposits must be made at least weekly, regardless of the amount of collections.

If bank deposits are not made on a daily basis, a bank deposit slip must be prepared on a daily basis, with the total collections for the day sealed in a deposit envelope and placed in a safe or otherwise safeguarded until the deposit is actually delivered to the bank. In this manner, daily collections can be easily reconciled to individual bank deposits on the bank statement.

Undeposited receipts must be safeguarded against theft, loss or unauthorized use. Undeposited receipts are the responsibility of the custodian of the funds and the principal.

Each bank deposit slip must contain the following information:

The name of the school The bank account number The date the deposit slip was completed The series of receipt numbers comprising the deposit The total amount of cash included in the deposit A list of the individual checks included in the deposit The total amount of the deposit Bank deposit slips are to be prepared in duplicate. The original is to be remitted to the bank with the funds being deposited the copy must be retained at the school to ensure that there is a detailed record of the deposit in the event that the deposit is altered or lost prior to being remitted to the bank.

All checks being deposited must be listed separately either on the deposit slip or on a separate schedule attached to the school’s copy of the deposit slip. The beginning and ending receipt numbers for the deposit must be listed on the deposit slip.

Non-sufficient fund checks that are being redeposited for the first time are to be clearly identified on the deposit slip or they are to be listed on a separate deposit slip. On all such redeposits, the original receipt number is to be clearly written on the bank deposit slip. 1-17. Checks Returned by the Bank for Insufficient Funds:

At times, checks received by the school for various activities may be returned by the bank for insufficient funds. Normally, banks allow such checks to be redeposited at least once, because in many cases, sufficient funds are available to pay the checks upon redeposit.

If the checks are returned for insufficient funds a second time, however, they should be considered worthless and steps must be taken to recover the funds. In addition, an adjusting entry must be posted to the transaction journal to reduce the amount of funds recorded as having been received.

The principal or designee is responsible for collecting all worthless checks. This includes not only recovering the face value of the check but all bank fees, court costs or other charges incurred by the school as a result of the check. Local procedures should be established to provide guidance. When the funds are recovered, a receipt is to be issued for the total amount recovered and the total is to be deposited in the school’s depository account.

If any checks are determined to be uncollectible, the school is to file an annual report with the chief school business official showing the names of the individuals from whom the checks were received and the total amount that has not been collected. A file should be maintained for each individual to show the actions taken to collect the funds due. 1-18. Authorized Expenditures:

All moneys received by a school are considered quasi-public funds and are to be expended for the benefit of the students at the school. See Appendix C for a listing of unallowable expenditures.

W. Va. Code §18-5-13 allows schools to expend funds for student, parent, teacher and community recognition programs using funds generated through a fund-raiser or donation-soliciting activity. Prior to commencing the activity, the school must publicize that the activity will be for this purpose and must designate the funds generated for this purpose. Any funds generated must be accounted for in a separate account in the General Fund and not co-mingled with other school funds.

Schools and school clubs may not make contributions to charitable or private non-profit organizations unless a fundraiser is conducted specifically for that purpose.

All monies received for the child nutrition program must be expended only for the operation of the child nutrition program. 1-19. Purchase Orders:

A purchase order system is to be maintained at each school whereby all purchases of materials, equipment, supplies and services are made through a pre-numbered purchase order approved in writing by the principal or designee before the purchase is made. Schools are required to follow the bid thresholds outlined in State Board Policy 8200, Purchasing Procedures for Local Educational Agencies.

Purchase orders, however, are not required for utilities, executed contracts, maintenance agreements, remittances to the central board office, refunds, reimbursement of travel expenses, payments to game officials, or the allocation of faculty senate funds to individual teachers and librarians. Purchase orders are required for the remaining faculty senate funds beyond the individual allocation required by state statute. If an individual other than the principal is designated to approve purchase orders, that individual cannot be the same one who initiated the requisition.

The purpose for maintaining a purchase order system at each school is to provide the principal with a means of maintaining control over purchases to ensure that: maximum value is obtained for each dollar spent; funds are available before the purchase is made; and unauthorized purchases are not made.

Purchase orders are to be prepared in duplicate with the original being provided to the vendor and a copy retained in a file by the school.

All purchase orders must be approved in writing by the school principal or his/her designee and approval can only be made when sufficient funds are available.

No purchases may be made from a fund in excess of the funds available within the current fiscal year as long as designated funds are not utilized. Purchases may not be made which will obligate the funds of a subsequent year.

Blanket purchase orders may be issued in situations where there is normally a large volume of small dollar purchases of a repetitive nature and it is difficult to determine in advance exactly which products are needed, such as in facility or vehicle maintenance activities. Whenever practical, blanket purchase orders should be issued, with consideration of the bidding requirements, on a periodic basis throughout the year, such as on a monthly or quarterly basis, to maintain budgetary controls.

The use of a credit card is permitted by State Board Policy 8200 and all requirements for use are outlined in the policy. 1-20. Itemized Claim for Payment:

Schools are not permitted to expend any funds unless an itemized claim (invoice) for payment is filed by the claimant. If the claim is for services rendered, the invoice must identify the kind of service, the date performed, the person performing the service, address and the amount due. If the claim is for materials, equipment or supplies, the invoice must identify in detail the vendor, address, phone number, the items provided, the quantity, the date provided, to whom provided and the amount due.

Schools are permitted to make “deposit” payments for items such as charter buses or destinations for field trips, vendors performing school plays, etc. Payment of such deposits shall require a written document with the vendor indicating the amount of the required deposit, and the terms for refunding the deposit.

All invoices must be verified for clerical and mathematical accuracy when received. Any errors noted should be brought to the vendor’s attention. Use of a stamp and initials certifying the invoice was verified is an acceptable way to prove that the required verification occurred.

All invoices must be approved for payment by the principal or designee prior to the payment being made. Invoices should be marked as paid at the time payment is made to prevent paying an invoice twice. A convenient way to accomplish this is to use a cancellation stamp with the following information imprinted:

Check Number __________ Date Paid __________ Amount Paid __________ Approved By __________ Verified By __________ Schools must pay all invoices in a timely manner to remain in good credit standing with the vendor and to avoid late payment fees or interest.

Schools must maintain a completed W-9 form for all vendors. If the county maintains a centralized vendor file, the W-9 forms may be maintained at the central office. Blank W-9 forms can be obtained from the IRS website at www.irs.gov. 1-21. Travel Expenses:

Schools may reimburse employees for all reasonable and necessary travel expenses actually incurred in the performance of their official duties upon presentation of an itemized statement signed by the employee and approved by the principal. Such reimbursements, however, are subject to the policies, procedures, and limitations prescribed by the county board of education. Any travel expenses submitted to the county level for reimbursement requires the signature of the principal to verify the reimbursement was not already made at the school level. Any travel by the principal must be approved at the county level even if the travel expenses will be paid by the school.

Schools may also pay all reasonable and necessary travel expenses actually incurred by students on trips authorized by the principal or designee. Such payments are to be supported by an itemized statement which lists the date and purpose of the trip, the names of all students and employees on the trip and the amounts paid.

If funds are paid to students in order that they may pay their own expenses, each student’s signature is to be obtained as verification of receipt of the funds. If payment is made directly to a vendor, such as to a motel or restaurant, receipts must be obtained to support the disbursement.

Each travel statement must be signed and dated by the staff member in charge of the trip. The statement and all supporting receipts are to be turned in to the school principal or designee as soon as possible upon return. See Appendix A for a sample copy of the form.

If cash is needed for a trip, it is to be provided by check made payable to the staff member in charge of the trip. Checks are not to be made payable to cash and pre-signed blank checks are not allowed. Upon return from the trip, any remaining cash is to be deposited into the school’s depository account. If a staff member uses the cash to purchase a prepaid credit card in lieu of carrying large amounts of cash on a school trip, all receipts and documentation must still be maintained and unused cash must be returned to the school.

If authorized by local board policy, schools may obtain credit cards in the name of the school to be used for the payment of official travel expenses. Such cards are to be safeguarded against theft or unauthorized use. All credit cards must comply with State Board Policy 8200, Purchasing Procedures for Local Educational Agencies. 1-22. Payment for Personal Services:

All payments made by a school to an individual for services rendered are to be considered wages and are to be paid through the normal payroll process at the central board office, unless it can be clearly shown that the individual is an independent contractor in accordance with the criteria established by the Internal Revenue Service. See Appendix D for a listing of the criteria to be used for making such a determination.

This includes payment for part-time or temporary help for office secretaries, library assistants, cafeteria helpers, concession stand workers, ticket takers, or other workers at athletic events, carnivals, or other activities, regardless of whether the individual is a full-time employee of the board or not.

The only exceptions are payments made to athletic officials, as permitted by the Internal Revenue Service (IRS) and a State Attorney General’s Opinion, dated March 3, 1986. See Appendix D.

County boards are to establish by local policy the procedures to be used by the individual schools in the county for the reporting and payment of wages to all individuals who perform services for the schools.

For all payments made to individuals who are determined to be independent contractors, schools are required to report such payments to the central business office on an annual basis so that a determination can be made of whether an IRS Form 1099 MISC. is to be filed for the individual. All independent contractors, including game officials, must complete a W-9 form. 1-23. Disbursements:

All disbursements must be made by check, except for those from petty cash. The check must be made payable to the individual or vendor to whom the payment is being made, not to another party that is subsequently making payment on behalf of the school. Every check and check stub must be completely filled out at the time the check is issued.

Checks are not to be made payable to cash. If starting cash is needed for an event from which to make change, the check must be made payable to the individual who will be cashing the check.

If an error is made while preparing a check, void the check and issue another one. Never write over an original entry to make a correction or use correcting fluid to cover a mistake on a check.

To void a check, write the word ”VOID“ across the face of the check and check stub. Retain the voided checks and check stubs.

Two signatures are required on every check issued by the school, regardless of the fund from which issued. Both signatures cannot be by the same individual.

One of the required signatures must be either that of the school principal or other individual(s) designated to act in the place of the principal in his/her absence. The second signature is to be that of an individual designated by the principal or by the faculty senate, if the disbursement involves the faculty senate fund in a separate checking account and fund. The second signature cannot be that of an individual who is the spouse, child, grandchild, parent or sibling of the school principal or chief school business official. The chief school business official of the county must also have signature authority on all accounts, including C.D. and investment accounts. This will ensure that the schools have access to school funds during circumstances in which the principal and his/her designee, if applicable, are absent unexpectedly or for an extended period of time. Blank checks are never to be pre-signed.

The following information must be imprinted on the check form:

Name of the school Name of the fund School address Check number Account number The check form must also provide spaces for two signatures. The memorandum line is not to be used as the second signature line. 1-24. Posting Disbursements:

All checks issued must be posted daily, to the general journal of the fund from which the disbursement is being made. The checks are to be posted individually to the journal in numeric order. Checks may not be posted in a batch.

The amount of the check must be classified to the account from which the disbursement is being made. Proper classification is based on the nature of the disbursement. Proper classification may require that a disbursement be posted to more than one account. The total amount posted to all accounts must equal the total disbursement. 1-25. Tuition Remittance:

For receipts written for tuition for adult students in secondary vocational programs, adult students in adult vocational programs, and students in community education classes, the funds must be remitted to the school board central business office on a monthly basis. Also, the school must prepare a reconciliation that compares the tuition money receipted to the course registration listing. A copy of the course registration listing must be provided to the school board central business office along with the tuition remittance.

Schools are permitted to issue student tuition refunds and then invoice the central business office for reimbursement of the refunds. Alternatively, schools may deduct any refunds issued to students from the next month’s tuition remittance to the central business office. 1-26. Petty Cash:

If authorized by county board policy, schools may establish a petty cash drawer to be used for the purchase of incidental items of nominal value. The maximum amount that may be authorized is $50. The cash and receipts in the petty cash drawer must always equal the amount established. Personal checks are not to be cashed from petty cash.

The petty cash drawer is to be replenished periodically by a check made payable to the school principal for the amount required. The itemized receipts and/or invoices obtained as a result of the purchases made from petty cash are to be used as supporting documentation for the check. 1-27. Stop Payments and Cancellation of Outstanding Checks:

At times it may become necessary to stop payment on a check that was issued by the school or cancel a check that has been outstanding for an extended period of time. In either situation, proper journal entries need to be posted to the transaction journal to accurately reflect the account balances.

If the check is canceled during the same fiscal year in which it was issued, a negative expenditure is to be posted to the proper account in the transaction journal to reduce total expenditures recorded and increase the cash balance.

If the check is canceled in a subsequent year from when it was issued, a receipt must be written for the amount of the canceled check and posted to the transaction journal to increase the cash balance to the correct amount. The receipt must indicate that it was written for a prior year check that was canceled. The canceled check is to be removed from the outstanding check list. If the school utilizes an electronic accounting system, this process may be accomplished through journal entries.

Any unclaimed property, including outstanding checks, must be reported to the Unclaimed Property Division of the State Treasurer’s Office 1-28. Reconciliation of Bank Statements:

For an effective system of internal accounting control, all bank statements are to be presented to the school principal unopened as soon as they are received through the mail. The principal is to open the envelope and review the bank statement and canceled checks for any possible irregularities, such as checks made payable to cash or unauthorized individuals, checks presented for payment without the proper signatures, or bank deposits not made in a timely fashion.

After this review, the bank statement must be signed and dated by the school principal and the bank statement and canceled checks are to be forwarded to the individuals who will be preparing the bank reconciliation. Every bank account must be reconciled monthly as soon as possible after the bank statement is received, including any CD and investment accounts. See Appendix A for a sample bank reconciliation form. The total of all cash and investment accounts must equal the total of all activities in the subaccounts.

Any differences noted between the balance reflected in the school’s financial records and the bank statement must be resolved immediately. After the bank reconciliations are completed, the bank reconciliations are to be signed and dated by both the individual who performed the reconciliation and the principal.

All bank statements are to be filed in chronological order. Canceled checks are to be filed either in numeric order with the monthly bank statements or in a separate canceled check file in numeric order by school year. In situations where a bank is providing only an image of the canceled checks to the school with the bank statements rather than returning the actual canceled checks, the bank must be able to provide an image of both the front and back of every check upon request.

Voided checks are to be retained and filed in the correct numeric sequence with the canceled checks. 1-29. Event Receipts:

Pre-numbered tickets are to be used at any event where an admission fee is charged or a donation accepted for admittance. Event examples include dances, sporting events, theater productions and show choir performances. Unused ticket stock should be kept in a secure location and issued to the ticket collectors immediately prior to the event. Whenever practical, separate individuals should be used to sell and collect the tickets and no individual should be used more than five times per year. As tickets are collected from fans, they should be torn in half; one half should be returned to the individual as a receipt and the other half should be retained.

Cash disbursements are not allowed from event collections. All proceeds from school sponsored events must be deposited intact into the school account.

A ticket reconciliation report must be prepared for each event to reconcile tickets sold to cash collected. The report must show the following: beginning cash balance; first and last numbers of each type of ticket sold (student, adult, other); total number of tickets sold by type; price of each type of ticket; total sales; ending cash balance; total cash in cash box; and differences, if any. In addition, total sales from tickets sold prior to the event must be shown. The reconciliation report must also show the activity and date, and must be signed by the preparer and the principal. See Appendix A for sample copies of the forms to be used.

A ticket log must be maintained by the school to account for all ticket stock used by the school The ticket log should be updated as tickets are distributed for each event. Each roll of tickets sold during the school year must be reconciled to the ticket log on an annual basis to ensure that all ticket numbers are accounted for. See Appendix A for a sample form. 1-30. Starting Cash:

If authorized by county board policy, schools may establish a change drawer to be used as starting cash for athletic events, concession stands or other school activities. The maximum amount that may be authorized is $500 per gate. Anything above this amount must be approved in writing by the county’s chief school business official.

The cash in the change drawer must equal the amount established at all times. Personal checks are not to be cashed from starting cash. The balance in the change drawer is to be deposited in the school’s depository account at times when it is not needed. Cash in the change drawer in excess of $500 must be deposited in the school’s depository account after each event. All start up cash must be deposited in the school’s depository account at the end of the school year. 1-31. SSAC Tournaments:

All schools that enter into an agreement to conduct tournaments (sectionals, regionals, or state) on behalf of the West Virginia Secondary School Activities Commission (WVSSAC) are to deposit all proceeds received from the tournament intact into a school depository account and pay all expenses associated with the event by check from that account. A separate sub-account must be established in the school’s transaction journal to account for all collections and expenditures made as a result of the tournament.

All payments made by a school to an individual for services rendered during the tournament are to be considered wages and are to be paid through the normal payroll process at the central board office, as discussed in Section 4-13, unless it can be clearly shown that the individual is an independent contractor in accordance with the criteria established by the Internal Revenue Service. See Appendix D for a listing of the criteria to be used for making such determination. 1-32. Uniforms, Equipment and Team Merchandise:

All uniforms, equipment or other team merchandise purchased with school funds belong to the school. An inventory is to be maintained of all such items. Uniforms provided to athletes and coaches are to be returned to the school at the end of the season. 1-33. Class Activity Accounts:

If a school has established separate sub-accounts within the General Fund to account for the activities of a particular class of students (ex: Class of 2020), one of the following procedures must be followed to account for the remaining balance in the sub-account when that class of students is no longer at the school:

The monies are transferred to a sub-account in the school’s General Fund for use in the general operations of the school.

The monies are transferred to a sub-account in the school’s General Fund for a specific purpose such as a public improvement to the school.

The monies are transferred to a sub-account for a subsequent class of students.

Under no circumstances should the monies in a sub-account of the General Fund be transferred to an entity or bank account outside of the school’s General Fund. 1-34. Fund Raisers:

If fund raising activities are conducted by a school, local procedures must be established to regulate such activities to ensure that they are conducted in a proper manner and that all proceeds are receipted and deposited correctly. Fund raising activity is defined as a school activity which will potentially generate a profit for the school or a specific school group or club. Typically a fundraiser involves purchasing and reselling some sort of inventory; however, some fundraisers (such as bake sales or car washes) might not require the purchase of inventories. Additional examples of fund raising activities include candy sales, sales of holiday items, and school pictures.

All proceeds from fund raisers conducted by a school are to be receipted and deposited intact into one of the school’s depository accounts. Merchandise purchased for resale is to be purchased by checks issued for that purpose. The purchase invoices are to be retained as supporting documentation for the disbursements.

A profit and loss statement must be prepared and made available for public inspection for each fund raising activity conducted by a school that shows gross proceeds, cost of goods sold and net proceeds. See Appendix A for a sample copy of the form to be used. Schools are allowed to use alternate forms, such as those generated by the school’s computer system, so long as the information contained is substantially the same as that in the sample form. All forms must be signed by both the preparer and the school principal.

In addition, certain fund raising activities are subject to the collection and remittance of consumers’ sales tax. See Appendix B for more information.

Fundraising activities must be covered by liability insurance. The school board’s Commercial General Liability Policy through the Board of Risk and Insurance Management (BRIM) generally includes elected or appointed officials, faculty members, employees, volunteers and student teachers acting within the scope of their duties, regardless of whether on school grounds. Volunteers must be acting on behalf of the school board and not a separate entity. Therefore, volunteers working for a school support organization with a separate FEIN number and/or IRS 501(c)3 status may not be covered by the school board’s policy but volunteers working for a school support organization that is not a separate legal entity and that runs all funds through the school are considered covered. 1-35. Concession Sales:

If concession stands are operated by a school, local procedures must be established to safeguard the inventory of goods sold to protect against pilferage or unauthorized use and to ensure that the sales proceeds are being receipted and deposited correctly.

All proceeds from concession sales operated by a school are to be receipted and deposited intact into the school’s General Fund. Merchandise purchased for resale is to be purchased by check issued for that purpose. The purchase invoices are to be retained as supporting documentation for the disbursements.

Periodically, a profit and loss statement is to be prepared to compare actual sales proceeds to the expected sales totals that should have been recognized from the amount of merchandise sold. At a minimum, the profit and loss statement must be prepared at the end of the semester or the end of the activity. See Appendix A for sample copies of the forms to be used. Schools are allowed to use alternate forms, such as those generated by the school’s computer system, so long as the information contained is substantially the same as that in the sample form. All forms must be signed by both the preparer and the school principal.

Schools may operate concession stands on their own or they may authorize booster organizations or other clubs to operate the concessions during school functions.

Regardless of which group operates the concession stand, a profit and loss statement must be prepared periodically. See section 2-8 for more information. 1-36. Vending Machine Sales:

If vending machines are maintained at a school, it is recommended that the vendors be required to stock the machines and remove all sales proceeds. In this manner, the school will not be responsible for purchasing, storing and safeguarding the inventory, removing and accounting for the sales proceeds or remitting the corresponding consumer sales tax.

Items included in vending machines must comply with State Board Policies and federal regulations governing nutritional guidelines.

If the school stocks the machine and removes the sales proceeds, local procedures must be established to ensure that the stock is safeguarded and that all proceeds are receipted and deposited into the appropriate school depository account(s).

According to W. Va. Code §18-2-6a, seventy-five percent (75%) of the profits from the sale of soft drinks and healthy beverages in high schools, regardless of the location of the machine, shall be allocated by a majority vote of the faculty senate of each school and twenty-five percent (25%) of the profits from the sale of soft drinks and healthy beverages shall be allocated to the purchase of necessary supplies by the principal of the school.

All proceeds from vending machine sales are to be receipted and deposited into the appropriate school fund and account. Merchandise purchased for resale is to be purchased by check issued for that purpose. The purchase invoices are to be retained as documentation for the disbursements.

Periodically, a profit and loss statement is to be prepared to compare actual sales proceeds to the expected sales totals that should have been recognized from the amount of merchandise sold. See Appendix A for sample copies of the forms to be used. Schools are allowed to use alternate forms, such as those generated from the school’s computer system, so long as the information contained is substantially the same as that in the sample form. All forms must be signed by both the preparer and the school principal. 1-37. Faculty Senate Funds:

A faculty senate is to be established at every public school operated by a board of education, including vocational and multi-county vocational centers (W. Va. Code §18-5A-5). Each faculty senate is to be comprised of all permanent, full-time professional educators employed at the school. Permanent, full-time professional educators should be considered to be those professional educators as defined in W. Va. Code §18A-1-1 who are employed on at least a 200 day contract, regardless of whether they are employed for a half day or a full day.

The professional educators who are assigned to more than one school should be considered to be a member of the faculty senate of their choice.

Faculty senates are to control the funds allocated to each school from the legislative appropriations of $200 per professional instructional personnel, funds from the proceeds of soft drink and healthy beverage sales, and funds donated to the faculty senate. County boards are required to distribute the faculty senate funds received from legislative appropriations to each faculty senate during the month of September each year.

Of the total allocation received by each faculty senate, $100 is to be allocated to each classroom teacher, counselor and librarian based on an FTE basis for expenditure during the instructional year for academic materials, supplies or equipment which in the judgment of the teacher, counselor or librarian will assist him or her in providing instruction in his or her assigned academic subjects. Nothing contained in W. Va. Code 18-5A-5 prohibits the funds from being used for programs and materials that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the problems of students-at-risk.

The remaining funds are to be expended only for academic materials, supplies or equipment in accordance with a budget approved by the faculty senate.

If the amount allotted to each classroom teacher, counselor and librarian is not expended during the instructional year, it is to be returned to the faculty senate at the end of the school year. If the faculty senate wishes to allow individual teacher balances to carry over from a prior year, a vote must be taken at the beginning of the new school year when the annual budget is prepared. The vote must be recorded in the minutes of the meeting, and the individual teacher balances may be reestablished.

Every faculty senate is to prepare an annual budget approved by the membership which reflects how the faculty senate funds are to be expended. The budget is to be made a part of the minutes. (See Appendix A for a sample form.)

Expenditures are to be made only in accordance with the budget. Revisions to the budget may be made as frequently as necessary. Revisions are to be approved by the membership in the same manner as the original budget. See Appendix A for a sample budget form.

The allotment to each classroom teacher, counselor and librarian may be made in one of several ways. Local procedures should be established by each county board. Two suggested methods are:

(1) A check could be issued to each classroom teacher, counselor and librarian at the beginning of the school year with the understanding that the individuals receiving the allotment are to submit receipts by the end of the school year to show how the funds were expended or refund any difference.

If this method is selected, recipients should be instructed that funds would have to be refunded: if the entire amount were not expended during the school year; if funds were expended for unauthorized purposes; or if itemized receipts were not submitted by the deadline established by the county.

(2) Require each individual to submit a request for reimbursement after the purchase is made. Individuals could be allowed to submit requests for reimbursements after each purchase or be required to wait until a certain dollar amount is reached.

If the reimbursement method is selected, an account balance would need to be maintained for each individual.

With either method, local forms should be developed for each individual to use to list the items purchased. This makes it easier to ascertain that the expenditures were for an authorized purpose. See Appendix A for a sample copy of the form to be used.

If the amount allotted to each classroom teacher and librarian is not expended during the instructional year, the unexpended amount is to be returned to the faculty senate. This also applies if a classroom teacher or librarian resigns or transfers to another school during the course of the school year.

Funds allocated to classroom teachers or librarians are to remain with the faculty senate to which the individual was originally assigned; the funds are not to be transferred among faculty senates.

Items purchased with faculty senate funds are the property of the school to which the faculty senate funds were originally allotted. Such items are not to follow an individual classroom teacher or librarian in the event that he/she transfers to another school. 1-38. Consumer Sales Tax on Sales:

Public schools are required to collect and remit consumers sales tax on all sales that are considered taxable. Unless there is a specific exemption in the tax law, all sales of goods and services are taxable, even sales by or through public schools.

The following sales of items other than food by public schools are exempt for sales tax:

(1) Sales of textbooks, workbooks instructional aids, and standardized test materials required by a school;

(2) Sales of school newspapers and yearbooks, compiled and edited by students of the school when sold to students or school employees;

(3) Rentals of locks, lockers, storage space, clothing and other materials and equipment owned by the school and furnished solely to students;

(4) Class dues and library fines;

(5) Sales of tickets for activities sponsored by the school;

(6) Casual and occasional sales by a parent-teacher association (PTA) or similar organization if the organization (1) has a current business registration certificate; (2) is exempt from federal income taxes under Internal Revenue Code 501(c)(3) or 501(c)(4); and (3) is an organization with no paid employees and whose gross income from fund raisers, less reasonable and necessary expenses, is donated to the school.

The following sales of food by public schools are exempt:

(1) Food sold by a school, school sponsored parent-teacher associations or school sponsored student organizations, to students enrolled in the school or to employees of the school during normal school hours;

(2) Food sold by a school sponsored student or parent-teacher association or similar organization at athletic, cultural, social or fund raising event when the proceeds of such sales, after payment of reasonable and necessary expenses, are donated to the school or used to purchase tangible personal property or services for the school.

The following sales by public schools are taxable:

(1) Sales of food through vending machines, regardless of where the machine is located, who owns the machine, or when the sale occurs;

(2) Sales of food to the general public during normal school hours unless such sales meet all of the conditions listed in Item (6) above.

See Appendix B for a more complete explanation of taxable and non-taxable sales. 1-39. Consumer Sales Tax on Purchases:

Public schools are statutorily exempt from the payment of consumer sales and use taxes on all purchases of goods and services (W. Va. Code §11-15-9(f)) as long as a properly completed exemption certificate (Form F0003) is issued to the vendor.

In order to be able to issue a tax exemption certificate, public schools must be registered with the Department of Tax and Revenue and have a current business registration certificate. See Section 1-34 for an explanation of how to apply for a business registration certificate.

All invoices should be reviewed at the time of receipt to ensure that consumer sales tax has not been charged on the purchase. If so, the vendor should be notified and the tax subtracted before payment is made. 1-40. Business Registration Certificate:

As discussed in Section 1-32 of this manual, in order for a public school to be able to issue a tax exemption certificate for purchases, the school must register with the West Virginia Department of Tax and Revenue and obtain a business registration certificate (W. Va. Code §11-12-3(d)). Schools, however, are exempt from payment of the registration fee.

In applying for a business registration certificate, it is recommended that every school in a county use the same basic Federal Employer Identification Number (FEIN) as the county board, but request that the State Department of Tax and Revenue assign a different three digit suffix. In this manner, each school will not need to apply for a separate FEIN number simply to register with the State Department of Tax and Revenue for a business registration certificate. 1-41. Monthly Financial Statements:

Monthly financial statements are to be prepared for each fund maintained by a school in a timely manner. All accounts maintained by the school within each fund are to be listed separately. The financial statements are to be signed and dated by the preparer and the school principal.

The principal is required to submit at least one signed copy of the financial statements for each fund to the county board’s chief school business official and make one copy available for review at the school by anyone who desires to do so. The principal is also required to submit a copy of the balance page of all bank, CD and investment account statements with the financial statements.

Multi-county vocational centers are to provide one signed copy of their monthly financial statements to their fiscal agent. The monthly financial statements are to include all financial activities of the school for the month for which the statements are prepared. 1-42. Annual Financial Statements:

Annual financial statements are to be prepared for each fund maintained by a school on forms provided by the State Department of Education. Schools are allowed to use alternate forms, such as those generated by the school’s computer system, so long as the information contained is substantially the same as that in the sample form. The annual financial statements are to be prepared on the fiscal year basis of July 1 through June 30 each year and are to include all financial activities of the school for the year for which prepared.

All accounts maintained by the school within each fund are to be listed separately. The financial statements are to be signed by the preparer and the school principal.

In addition to the annual financial statements, a list must be prepared of all outstanding purchase orders at year end, all invoices that have not been paid and all revenues, if any, that have been earned but not received.

The principal and each multi-county vocational director is required to submit two signed copies of the annual financial statements for each school fund to the county board’s chief school business official by the deadline established by the chief school business official and make one copy available for review at the school by anyone who desires to do so. 1-43. Annual Examination:

County boards of education are responsible for ensuring that an annual examination is conducted of the financial records of every school within the county. The examination is to include all funds maintained by the school and should be completed in accordance with applicable federal, state and local guidelines.

The governing boards of the multi-county vocational centers are responsible for ensuring that an annual examination is conducted of the school activity accounts of the multi-county vocational centers. The examination of the school activity accounts of multi-county vocational centers can be conducted as a separate examination or it can be incorporated into the audit of the general revenue funds of the multi-county vocational center conducted under the audit jurisdiction of the State Auditor’s Office.

A report is to be issued for each school individually in which is presented the financial statements of each fund maintained by the school and all instances of noncompliance and other reportable conditions noted during the examination.

The examination of every school must be completed and the individual reports issued within nine months after the end of the fiscal year, except that county boards that have twenty (20) or more schools and conduct the school examinations with their own personnel may have an additional three months in which to complete the examination of all schools and issue the individual reports. The examination may be conducted by the CSBO, or his/her staff under the supervision of the CSBO, by a certified public accountant, or by the State Auditor’s Office, Chief Inspector Division.

The financial records may be examined in accordance with agreed upon review procedures developed by the county board. Such procedures, however, must include a review of compliance with the provisions of this manual and policies and regulations of the county board and a review of the school’s internal control structure. See Appendix E for a checklist of items which must be included in a school’s annual review pursuant to this section.

Copies of the report are to be provided to the county board of education, to the superintendent and to the school principal. A copy of each school’s report is to be kept on file at the central board office and made available for public review.

If any reportable conditions are noted in the report for a particular school, the principal is to provide the board with a corrective action plan. All reportable conditions are to be corrected as soon as practical but not later than six months after receipt of the report.

Working papers supporting the examination are to be prepared and retained for at least three years. The working papers are to be made available to the auditor conducting the subsequent year’s examination.

The cost for the examination may be paid by the board of education or charged proportionally to each school in an equitable manner.

All transaction journals, bank statements, receipt books, checkbooks, canceled checks, invoices, purchase orders, and other related records which may be requested are to be available to the auditor for examination upon request.

In addition to an annual examination of each school, periodic reviews should be made of each school by the chief school business official or a member of that individuals staff to review internal control procedures, to ensure that transactions are being posted in a timely fashion and to provide assistance during the course of the year if needed. 1-44. Records Retention:

All financial records of the school belong to the county board of education and must be delivered or handed over to the superintendent or designee upon request. The books and records of the school are to be kept at the school in an organized manner and safeguarded at all times, unless directed to do otherwise by the superintendent or designee.

The school’s financial records must be retained in accordance with the Records Retention Schedule for the Financial Records of the Public Schools in the State of West Virginia published by the Office of School Finance.

SUPPORT ORGANIZATIONS

FACULTY SENATE FUNDS

Chapter 2 Parent-Teacher Associations, Booster Groups and Other School Support Organizations

CHAPTER 2

PARENT-TEACHER ASSOCIATIONS, BOOSTER GROUPS

AND OTHER SCHOOL SUPPORT ORGANIZATIONS 2-1. General:

It is recognized that parent-teacher associations, booster groups and many other school support organizations provide an essential function in the support and funding of various curricular and extra-curricular programs offered by the public schools throughout the State. Countless hours are devoted by teachers, parents and other school supporters in fund raising activities to provide the funds and donate the uniforms and equipment necessary for such programs. Without this support, many schools would not have the financial resources to provide many of the programs that are being provided to their students.

Fundraising activities must be covered by liability insurance. The school board’s Commercial General Liability Policy through the Board of Risk and Insurance Management (BRIM) generally includes elected or appointed officials, faculty members, employees, volunteers and student teachers acting within the scope of their duties, regardless of whether on school grounds. Volunteers must be acting on behalf of the school board when participating in fundraising activities in order to be covered by the school board’s liability insurance. The monies from fundraising activities undertaken on behalf of the school board must be deposited in to the depository account of the school. Therefore, volunteers working for a school support organization with a separate FEIN number and/or 501(c)3 status are not covered by the school board’s policy. It is the responsibility of the school support organization to ensure that adequate liability insurance is obtained for the organization’s fundraising activities.

In order for these outside organizations to be effective in their efforts to provide financial support, however, they must maintain the trust and support of the school community. To do this, it is essential that each school and all of the organizations that support the school maintain an accurate accounting of all funds collected and expended.

County boards of education can assist the school support organizations to develop and maintain the trust of the school communities throughout the county by establishing local policies by which such organizations are to operate. A list of all groups that will be collecting funds in the name of any school must be approved by the board in advance. Also, each school support organization must be approved annually by the school’s principal. It is strongly encouraged that student support organizations operate as a subaccount of the school’s general fund and follow all school accounting procedures. 2-2. Organization:

Every school support organization should be officially organized with a set of published by-laws and be governed by an elected board of directors consisting of at least a president, a vice president, a secretary and a treasurer. All school support organizations must be approved annually by the county board of education.

Written minutes are to be prepared of each meeting and such minutes are to be made available to anyone interested in them within a reasonable time after the meeting. At a minimum, the minutes should contain the following information:

The date, time and place of the meeting, The name of each member of the governing board present and absent;, All motions, proposals, and resolutions proposed, the name of the individual who made the proposal and their disposition, and The results of all votes. 2-3. Transaction Journal:

A transaction (receipts and disbursements) journal should be maintained to record all receipts and disbursements. Each posting should include the following: the date of the transaction; receipt or check number listed in numeric order, name of payor or payee; and individual account(s) for which the collection or disbursement was made.

The transaction journal should be footed and cross-footed each month to ensure that errors have not been made. The entries in each column are added to arrive at a total and the totals of each column are added across to arrive at the grand total for the month. If errors are found to exist, they must be identified and corrected as soon as possible, using correcting journal entries. Proper accounting procedures dictate that errors should not be written over or corrected with correcting fluid. The necessary journal entries should be made and should include a brief explanation of why the adjusting entries were made. 2-4. Bank Accounts:

Every bank account in which the organization funds are deposited should be insured or the bank should be required to provide adequate bond to cover the maximum amount that may be deposited at any one time. The account should contain the name of the organization and the organization’s Federal Employer Identification Number (FEIN). The account cannot use the school’s FEIN. If the organization does not obtain a separate FEIN, the organization must operate as a subaccount of the school’s funds and the organization’s monies must be deposited into the school’s bank account. In this case, all school accounting policies and procedures must be followed.

The bank signature cards must be maintained current at all times. Two signatures are required on every check issued by the organization. One of the signatures should be that of the organization’s president. Both signatures cannot be by the same individual.

All checks should have pre-printed on them the name of the organization, the organization’s address, the check number and two blank spaces for signatures. 2-5. Collections:

All moneys collected should be receipted and deposited intact daily into one of the organization’s depository accounts.

The total amount of money collected should be reconciled to the detailed records that support the collections.

To decrease the risk of theft, each check received by the organization should be stamped or marked on the back with a restrictive endorsement stating “for deposit only” at the time of receipt. 2-6. Disbursements:

All disbursements must be made by check, except for those from petty cash. The check must be made payable to the individual or vendor to whom the payment is being made, not to another party that is subsequently making payment on behalf of the organization. Every check and check stub must be completely filled out at the time the check is issued.

Checks are not to be made payable to cash. If starting cash is needed for an event from which to make change, the check must be made payable to the individual who will be cashing the check.

If an error is made while preparing a check, void the check and issue another one. Never write over an original entry to make a correction or use correcting fluid to cover a mistake on a check.

To void a check, write the word ”VOID“ across the face of the check and check stub. Retain the voided check and file in numeric order with all checks paid by the bank. Leave the check stub for the voided check in the checkbook. Never discard voided checks or check stubs.

The following information must be imprinted on the check form:

Name of the organization Organization address Check number Account number The check form must also provide spaces for two signatures. The memorandum line is not to be used as the second signature line. 2-7. Posting Disbursements:

All checks issued must be posted daily to the transaction journal. The checks are to be posted individually to the journal in numeric order. Checks may not be posted in a batch. 2-8. Concession Sales:

If concession stands are operated by a school organization, local procedures should be established to safeguard the inventory of goods sold to protect against pilferage or unauthorized use.

All proceeds from concession sales operated by a school support organization should be receipted and deposited intact and in a timely manner into one of the organizations depository accounts. Merchandise purchased for resale should be purchased by check issued for that purpose. In addition, the purchase invoices should be retained as documentation for the disbursements.

Periodically, a profit and loss statement must be prepared to compare actual sales proceeds to the expected sales totals that should have been recognized from the amount of merchandise sold. See Appendix A for sample copies of the forms to be used. 2-9. Fund Raisers:

All school support organizations must obtain prior approval of the school principal before conducting any fund raising activity in the name of a school. See Appendix A for a sample Fundraiser Approval form. Local procedures must be established to regulate all fund raising activities conducted by school organizations to ensure that they are conducted in a proper manner.

All proceeds from fund raisers conducted by a school organization must be receipted and deposited intact into one of the organization’s depository accounts. Merchandise purchased for resale should be purchased by checks issued for that purpose. In addition, all purchase invoices should be retained as documentation for the disbursements.

A profit and loss statement must be prepared for each fund raising activity conducted by a school support organization that shows gross proceeds, cost of goods sold and net proceeds. See Appendix A for a sample copy of a fund raiser profit and loss statement.

In addition, certain fund raising activities are subject to the collection and remittance of consumer’s sales tax. See Section 1-38 and Appendix B for more information.

Donations to school support organizations are only tax-exempt if the organization has obtained its own tax-exempt designation from the Internal Revenue Service or if the organization’s funds are maintained in the school’s account. Donors must be made aware of tax-exempt status at the time the donation is received. 2-10. Event Receipts:

If activities are sponsored by school support organizations on school property at which an admission fee is charged or a donation is accepted for admittance, pre-numbered tickets must be used. Whenever practical, separate individuals should be used to sell and collect the tickets. As tickets are collected from patrons, they should be torn in half; one half should be returned to the individual as a receipt and the other half should be retained.

A ticket reconciliation report must be prepared for each event to reconcile tickets sold to cash collected. The report should show the following: beginning cash balance; first and last numbers of each type of ticket sold (student, adult, other); total number of tickets sold by type; price of each type of ticket; total sales; ending cash balance; total cash in cash box; and differences, if any. In addition, total sales from tickets sold prior to the event should be shown.

The reconciliation report should also show the activity and date, and should be signed by the preparer and the individual in charge of the event. See Appendix A for sample copies of the forms to be used. 2-11. Reconciliation of Bank Statements:

Every bank account must be reconciled monthly as soon as possible after the bank statements are received, including any CD and investment accounts.

Any differences noted between the balance reflected in the organization’s financial records and the bank statement must be resolved immediately. After the bank reconciliations are completed, the bank reconciliations are to be signed and dated by the individual who performed the reconciliation.

All bank statements are to be filed in chronological order. Canceled checks are to be filed either in numeric order with the monthly bank statements or in a separate canceled check file in numeric order by fiscal year. In situations where a bank is providing only an image of the canceled checks with the bank statements rather than returning the actual canceled checks, the bank must be able to provide an image of both the front and back of every check upon request.

Voided checks are to be retained and filed in the correct numeric sequence with the canceled checks. 2-12. Annual Financial Statements:

Annual financial statements are to be prepared by each school support organization and a copy is to be provided to the school principal. They should be prepared on either a fiscal year basis of July 1 through June 30 or in accordance with the organization’s fiscal year, and are to include all financial activities of the organization for the year for which prepared.

At a minimum, the financial statements should list the organization’s cash balance at the beginning of the year, revenues collected during the year, expenditures paid during the year, and the cash balance at the end of the year. If any sub-accounts are maintained by the organization, they should be listed separately.

The financial statements are to be signed by the preparer and the organization’s president. See Appendix A for a sample copy of the form to be used.

In addition to the annual financial statements, a list should be prepared which lists all invoices that have not been paid at the end of the year and all revenues, if any, that have not been received. 2-13. Consumer Sales Tax on Purchases:

Private nonprofit organizations such as Parent Teacher Associations, booster groups and other school support organizations, are not exempt from paying the consumer sales and use tax by reason of their nonprofit status alone, but must meet very specific requirements contained in State tax laws and legislative regulations. See Appendix B for an explanation of these specific requirements.

One of the requirements is that the organization must be currently registered with the West Virginia Department of Tax and Revenue and have a business registration certificate. Each organization must have its own business registration certificate; private nonprofit organizations are not to use the school’s registration number. 2-14. Consumer Sales Tax on Sales:

Private nonprofit organizations that meet the requirements set forth in the preceding section for making tax exempt purchases may also make casual and occasional sales for fund raising purposes and not be required to collect and remit consumer sales tax on their sales.

For the purpose of this exemption, “casual and occasional sales” means fund raising events not conducted in a repeated manner or in the ordinary course of repetitive and successive transactions.

These fund-raising events are limited to six events (which last no more than eighty-four consecutive hours each) in any twelve month period. Any fund-raising event which lasts more than eighty-four hours will be considered as two or more events, depending upon the duration of the event.

If an organization holds more than six events during the course of a twelve month period, it must begin collecting and remitting consumer sales tax on all sales made at these succeeding events.

In addition to the exemption for “casual and occasional sales” discussed in the preceding paragraphs, certain other special exemptions may apply. For example, special exemptions apply to certain sales of food by school support organizations:

Sales of food on an occasional basis, such as a bake sale, by private nonprofit organizations are exempt if the purpose of the sale is to obtain revenue for the functions and activities of the organization and the revenue so obtained is actually expended for that purpose. No exemption certificate is necessary.

Sales of food by private nonprofit organizations on a recurring basis, such as through concession stands, if the purpose of the sales is to obtain revenue for the functions and activities of the organization and the revenues obtained from selling the fool are actually used for that purpose: provided that the food items purchased for resale are not purchased tax exempt. 2-15. Business Registration Certificate:

As discussed in Section 2-13 on a preceding page, in order for a private nonprofit organization to be able to issue a tax exemption certificate for purchases, the organization must register with the West Virginia Department of Tax and Revenue and obtain a business registration certificate (W. Va. Code 11-12-3). Private nonprofit organizations, however, are exempt from payment of the registration fee.

In applying for a business registration certificate, each organization must have its own business registration certificate and identification number; private nonprofit organizations are not to use the school’s registration number. 2-16. Review of Financial Records:

Boards of education have the authority, pursuant to the provisions of W. Va. Code 18-5-13(1), to examine the financial records of any parent teacher association, booster group or other school support organization collecting money in the name of a school, or to require the organization to provide the county board with financial statements that have been examined by an independent accountant. Such authority can be delegated to the Superintendent or Chief School Business Official.

The financial records may be examined in accordance with agreed upon review procedures developed by the county board. Such procedures, however, should include a review of compliance with the provisions of this manual and policies and regulations of the county board.

Copies of the report are to be provided to the county board of education, to the superintendent and to the school principal.

If any reportable conditions are noted in the report, the president of the organization is to provide the board with a corrective action plan. All reportable conditions are to be corrected as soon as practical but not later than six months after receipt of the report. 2-17. Records Retention:

All financial records, minute books and other documents maintained by or in the name of a school organization belong to the organization and must be delivered or handed over to the duly elected president of the organization, or to the county superintendent of schools, upon request.

Copies of the organization’s annual financial statements and minute books are to be retained permanently. The transaction journal, bank statements, and canceled checks are to be retained for at least five (5) years. All other financial records are to be retained for at least three (3) years.

APPENDIXES

APPENDIXES

APPENDIX A

APPENDIX A

EMPLOYEE TRAVEL EXPENSE REIMBURSEMENT REQUEST

Name:

School:

Purpose for travel:

Miles Mileage Other Destination Driven Amount Lodging Meals Expenses Totals Totals Less: Cash Advance Due School Due Employee Note: All required receipts must be attached to this request to fully support the travel expenses listed above. Also, the nature of any expenses listed under "Other Expenses" must be fully explained I certify that the expenses listed above were incurred in connection with my assigned duties, are true and accurate, and do not involve any expenses incurred by anyone else or reimbursed from any other source I certify that I have personally examined this request, the expenses listed were necessary and agree with reports of work performed.

Traveler Principal FACULTY SENATE TEACHER ALLOTMENT ITEMIZED EXPENDITURE SCHEDULE School Name: _________________________________________________________________ Employee Name: ______________________________________ Date: //_____ Current Account Balance: $ ______________ Vendor Item(s) Purchased Cost TOTAL Amount Approved $ ________________ New Account Balance: $ ______________ Note: This form must be accompanied by an original receipt supporting the request. To expedite processing, please highlight the items noted above on the receipt. No reimbursements will be made without a receipt. _________________________________ __________________________________ Employee Signature Date Approval Signature Date FUND RAISER PROFIT/(LOSS) STATEMENT For The Period //____ Through //____ SCHOOL NAME:

CLUB OR ORGANIZATION NAME:

PRODUCT TO BE SOLD:

VENDOR PURCHASED FROM:

VENDOR'S ADDRESS:

SCHOOL PO NUMBER:

INVOICE NUMBER:

INVOICE AMOUNT:

DATE PAID:

CHECK NO.

COST PER ITEM:

SUMMARY OF RECEIPTS AND DISBURSEMENTS

Cash Receipts:

Merchandise Sales Donations TOTAL Cash Receipts Cash Disbursements:

Cost of Goods/Merchandise Sold Cost of Prizes Awarded TOTAL Cash Disbursements ( )

GROSS MARGIN or BALANCE LESS: Sales Tax Collected (If applicable)

( )

NET PROFIT/(LOSS) ON THIS ACTIVITY

Preparer's Signature Principal's Signature Ticket Log Ticket Stock Description Ticket Stock Number Series Event Responsible Party Beginning Ticket Number Ending Ticket Number Sample Statement of Revenues, Expenditures, and Changes in Fund Balance For School Support Organizations School Support Organization School Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended Revenues:

Gifts & Contributions Investment Income Fundraising Other Revenues Total Revenue:

Expenditures:

Program Services Fundraising Filing Fees General Administration Other Expenditures Total Expenditures:

Excess (Deficiency) of Revenues over Expenditures Beginning Fund Balance: + Ending Fund Balance: = Prepared By Approved By

APPENDIX B

APPENDIX B

Publication TSD-312 (Rev. November 2011)

ABC's Of Sales And Use Tax For Public Schools In light of major changes to the West Virginia sales and use tax laws that affect elementary and secondary schools, each public elementary and secondary school must review its tax practices to assure proper compliance. Each individual school must register with the Department of Tax and Revenue to establish a sales tax account for remittance of taxes collected upon taxable sales. Schools that directly purchase also must register to claim exemption from tax upon their purchases. Registration forms and information may be obtained by contacting the Taxpayer Services Division as indicated at the end of this publication. This publication provides general information regarding typical transactions of public schools, and is not a substitute for sales and use tax laws or regulations. Publication TSD-312A discusses private elementary and secondary schools.

PURCHASES

All purchases of tangible personal property and services by public schools are exempt from sales tax if the school issues a properly completed Certificate of Exemption (Form F0003) to the vendor.

SALES, GENERALLY

Unlike purchases by public schools, sales by public schools are taxable in many instances. Unless there is a specific exemption in the sales tax law, all sales, leases and services in West Virginia are taxable, even sales by or through public schools. The burden of proving that a sale was exempt from tax is upon the seller. School officials should ensure that sales tax is imposed on all sales of items that are not specifically exempt.

Sales tax applies not only to sales by schools themselves, but to sales by school employees, school related organizations like the PTA, and businesses when the sales are made at or through the schools or school children. As a result of recent changes in the laws, retail sales by many out-of-state businesses (including mail order sales) in this state are now subject to use tax when the out-of-state retail business has agents or other physical presence in the State. When school officials and school personnel assist such businesses in making sales and receive benefits from such sales, they become agents of the businesses. The safest way to ensure that tax is imposed is for the school itself to collect and remit the tax whenever the school, students or other related persons are involved in a nonexempt sale.

The following discussion outlines some of the major sales tax exemptions applying to typical school-related transactions.

SALES OF ITEMS OTHER THAN FOOD

The following sales by public schools are exempt from sales tax:

(1) Sales of textbooks, workbooks, instructional aids, and standardized examination materials required in any public elementary or secondary school in this State are exempt per se, so no sales tax or use tax is collected upon such sales. However, sales of other school materials, school supplies and books that are not required textbooks are taxable, as are sales of jewelry, candy, clothing items, posters, magazines, greeting cards, and all other items not specifically exempt. The school must keep sufficient books and records to differentiate between taxable and exempt sales.

(2) School newspapers and yearbooks compiled and edited by students of the school are exempt when sold to students or school employees. However, such sales are taxable when sold to others. Sales of advertising space in school newspapers and yearbooks are exempt from sales tax.

(3) Rentals of locks, lockers, storage space, clothing and other materials and equipment owned by public schools and furnished solely to students of the school are exempt from sales tax.

(4) Class dues and library fines are exempt from sales tax.

(5) Sales of tickets for activities sponsored by elementary and secondary public schools located within this State are exempt from sales tax. This exemption applies only to sales of tickets to such activities; it does not apply to sales of anything else, such as sales of merchandise. Sales of tickets to athletic, cultural and social events, as well as fund raising events, would be exempt as long as they are sponsored by the school. But sales to such events would not be exempt if they are not sponsored by the school, even if the event occurs on school property. For an activity to be sponsored by ·a school, it should be an activity which is organized solely to benefit the school's students, and which would not otherwise occur. For example, sales of tickets for admission to a school carnival held by parents to raise money for such things as art supplies and air conditioners for classrooms are exempt as fund raising events if the carnival was held on the school grounds and the carnival was promoted as an activity to raise money for the school or for some school related purpose, such as a school sponsored class trip. On the other hand, sales of tickets to carnivals, concerts, circuses, ball games and other such events are subject to tax when conducted by businesses for profit, even if the school receives a share of the proceeds from the event.

(6) Casual and occasional sales by a parent-teacher association (PTA} or similar organization are exempt if the organization (1) has a current business registration certificate; and (2) is exempt from federal income taxes under Internal Revenue Code § 501(c)(3) or § 501(c)(4); and (3) is an organization with no paid employees and whose gross income from fund raisers, less reasonable and necessary expenses to raise such gross income (or the tangible personal property or services purchased with such net income), is donated to the public school. If any of the foregoing conditions are not met, casual and occasional sales are taxable. For example, sales of such items as class photographs, class rings and school jackets are taxable when sold by for-profit organizations and individuals, because for-profit organizations and individuals are not exempt from federal income taxes under Section 501(c)(3) or Section 501 (c)(4) of the Internal Revenue Code. To qualify as a casual and occasional sale, a fund raiser may last no longer than 84 consecutive hours (i.e., three and one half days) and no more than six such fundraisers may occur in any consecutive twelve months period. For more information, see Publication TSD-320, "Sales and Use Tax Considerations for Nonprofit Organizations."

ILLUSTRATION

Moe Doe, a professional photographer, takes class photographs for various schools as part of his photography business, which is subject to sales tax. Moe has a current business registration certificate and employs a secretary/receptionist. Sales tax must be charged on the sales price of the class photographs for each of the following reasons. First, since Moe is in the business of photography, his services are not casual and occasional sales. Second, Moe is not a PTA or similar organization. Third, because he is a professional photographer, Moe is not a qualified Section 501 (c)(3) or Section 501 (c)(4) organization. And fourth, because taking class photographs is part of his business, Moe does not donate all of his earnings from such activities to the schools. The fact that Moe's services are provided to public school students does not make his services exempt from sales tax. The school should either be sure that Moe is collecting sales tax, or the schoolitself should collect and remit the tax.

SALES OF FOOD

There are special exemption provisions for sales and purchases of food by public schools. Food sold by public schools, school sponsored parent-teacher associations or school sponsored student organizations, to students enrolled in the school or to employees of the school during normal school hours is exempt per se from sales tax.

Only two types of organizations may make such exempt sales of food during normal school hours:

Any public school which is subject to regulation by the West Virginia State Board of Education; or (2) Any parent-teacher association or student organization which is sponsored by a public school which is subject to regulation by the West Virginia State Board of Education.

The following sales of food during other than normal school hours are also exempt:

Sales of food by a school sponsored student or parent-teacher association or similar organization at athletic, cultural, social or fund raising events when the proceeds of such sales, after payment of reasonable expenses, are donated to the school or used to purchase tangible personal property or services for the school. Examples of such exempt sales are bake sales held by the school's band boosters to raise money for new uniforms, and concession sales of hot dogs, popcorn and soft drinks by parents at athletic events to raise money for athletic equipment.

The following sales of food are always subject to sales tax:

Sales of food through vending machines, regardless of where the machine is located, who owns the machine or when the sale occurs; and Sales of food to the general public during normal school hours unless such sales meet all of the conditions listed in Item (6) in the previous

section on "Sales of Items Other Than Food."

WHEN SALES ARE TAXABLE

One other aspect of taxable sales should be kept in mind. When a taxable sale occurs, the sales tax generally must be stated separately from the sales price. In some situations, however, such as nonexempt ticket sales, admission fees and food sold at school related events such as ball games, the sale price may include the sales tax. In the case of tickets, either the sales price and sales tax must be separately stated on the ticket, or the ticket or a sign posted in plain view must state that sales tax is included in the ticket price. With respect to admission charges where tickets are not used and sales of food at school related events, a sign may also be posted in plain view stating that sales tax is included in the sales price. When the sign method is used, the sign must be legible and visible to a person with normal vision from a distance of 20 feet. When the sales price includes the sales tax, the amount of sales tax which must be imposed on each sale is as follows:

Divide the total amount received by 1.06 and multiply that amount by .06, then round the resulting amount up to the next highest cent. This last figure is the amount owed to the State on the sale.

Compliance and Taxpayer Services Division P. O. Box 3784 Charleston, West Virginia 25337-3784 Telephone: (304) 558-3333 Toll free: 1-800-WVA-TAXS (1-800-982-8297)

Visit our website: http://www.wvtax.gov File online at https://MyTaxes.wvtax.gov TDD service for the hearing impaired: 1-800-2TAXTDD (1-800-282-9833)

Publication TSD-320 (Rev. November 2011)

Special Sales And Use Tax Rules For Nonprofit Organizations Major changes to the consumers sales and service tax and use tax laws affecting nonprofit organizations were enacted by the West Virginia Legislature in 1989. The purpose of this publication is to provide general information concerning these changes. It is not a substitute for tax laws or regulations.

NONPROFIT ORGANIZATIONS ARE NOT EXEMPT FROM THE SALES AND USE TAX BY REASON OF THEIR

NONPROFIT STATUS ALONE but must meet the very specific requirements contained in the sales and use tax laws and legislative regulations. Nonprofit organizations which do not meet these requirements are required to pay tax on their purchases and collect and remit tax on their sales (unless their purchases or sales are exempt under some other provision of the law). All sales and purchases are presumed to be taxable. It is the responsibility of both the person making a purchase and the person making a sale to prove that the purchase or sale is for an exempt purpose.

PURCHASES BY CERTAIN NONPROFIT ORGANIZATIONS

Certain nonprofit organizations purchasing tangible personal property or taxable services to be used or consumed in the organization's nonprofit activities are exempt from payment of the consumers sales tax or use tax on those purchases. To qualify for this exemption the organization must meet ALL FOUR of the following conditions:

The organization must have a current annual registration certificate with the West Virginia State Tax Department; AND The organization must be exempt from paying federal income tax under§ 501 (c)(3) or§ 501 (c)(4) of the Internal Revenue Code; AND The organization must be ONE of the following (A or B or C or D):

A. A church or a convention or association of churches as defined in section 170 of the Internal Revenue Code of 1986, as amended; OR B. An elementary or secondary school which maintains a regular faculty and curriculum and has a regularly enrolled body of pupils or students in attendance at the place in this state where its educational activities are regularly carried on; OR An organization which receives more than one-half of its support from any combination of gifts, grants, direct or indirect "charitable contributions" or "membership fees"; OR D. An organization which has no paid employees and its gross income from fund raisers, less reasonable and necessary expenses incurred to raise such gross income (or the tangible personal property or services purchases with such net income) is donated to an organization which is exempt from income taxes under§ 501 (c)(3) or§ 501 (c)(4) of the Internal Revenue Code; OR E. A youth organization, such as the Girl Scouts of the United States of America, the Boy Scouts of America, or the YMCA Indian Guide/Princess Program, and the local affiliates thereof, which is organized and operated exclusively for charitable purposes and has as its primary purpose the nonsectarian character development and citizenship training of its members; AND The items or services purchased by the organization will be used or consumed in the activities for which the organization qualifies for exemption from federal income taxes.

Some important points to remember about this limited exemption for certain purchases by nonprofit organizations follow: o This exemption does not apply to purchases of gasoline and special fuels. o This exemption does not apply to purchases of items or services used or consumed in generating unrelated business income by the nonprofit organization. o To qualify for this exemption, the organization must have a current business registration certificate. To obtain a registration application (BUS APP) contact the West Virginia State Tax Department. o If the nonprofit organization has received a determination from the Internal Revenue Service that the organization qualifies as a§ 501 (c)(3) or § 501 (c)(4) organization and the determination has not been revoked, withdrawn or nullified, the nonprofit organization need not apply to the Tax Commissioner for determination of whether the organization qualifies as a§ 50j (c)(3) or §501(c)(4)organization. If the nonprofit organization has not received a determination from the Internal Revenue Service, the organization must receive a prior written ruling from the Tax Commissioner regarding its qualification by filing a copy of its articles of incorporation, bylaws and a sworn statement by an officer of the organization setting forth reasons for qualification.

Examples of this exemption:

"The Cure" is an organization which raises funds for medical research. The organization has a current registration certificate from the Department of Tax and Revenue and has received a written ruling from the Tax Commissioner that it meets the requirements for qualification under section 501 (c)(3) of the Internal Revenue Code. All of its support comes from charitable contributions. This organization meets the requirements necessary to make tax exempt purchases and may purchase office supplies and equipment and fund raising materials tax free by presenting a properly completed exemption certificate to its vendors.

"Have Mercy Hospital" is a private nonprofit hospital which has a current registration certificate and has been qualified as a 501 (c)(3) organization by the Internal Revenue Service. "Have Mercy Hospital" is primarily funded by charges it makes to its patients for providing medical care. Thus, this hospital does not meet the requirements for making tax exempt purchases and must pay sales or use tax on all of the purchases it makes for use in providing medical care.

In addition to its normal activities a church conducts a community outreach program which provides information and counseling on drug abuse. The church also provides food and clothing to the needy. The church makes no charge for these services. The church may purchase exempt from tax office equipment and supplies, drug abuse literature, the services of a professional or nonprofessional drug abuse counselor, food and clothing which will be given free of charge and any other materials, supplies or equipment (except gasoline or special fuel) which will be directly used or consumed by the church in its normal church activities and in its community outreach program.

The church also operates a Day-Care Center for which it charges a fee of thirty dollars per week per child. The church will not collect sales tax from its customers on the fee because there is a specific exemption in the sales tax law for services provided by Day-Care Centers. The church must pay sales or use tax on all of its purchases for use in providing the daycare service. If the church uses the supplies, equipment, food or materials which were purchased tax free for use in its exempt activities in the nonexempt Day-Care Center, it must pay use tax on these items.

METHOD OF CLAIMING THE EXEMPTION

Persons claiming an exemption for sales or use tax must be registered with the West Virginia Department of Tax and Revenue. Registration is accomplished by completing an application for business license (WV/BUS APP). In an effort to promote efficiency and cost savings, the Department uses this form for all types of registration. Churches and nonprofit organizations are not considered to be "businesses" or engaged in business or subject to any other tax laws by the mere completion of this form .

Churches and nonprofit organizations that meet the requirements set forth above may claim the exemption from sales or use tax on their exempt purchases by providing the vendors from whom they make purchases with a properly completed Certificate of Exemption (Form F0003). When a vendor in good faith accepts a properly completed tax exemption certificate from his customer at the time of the sale, he is relieved of the responsibility of collecting the sales tax from the customer. The vendor must update his exemption certificate file each year and retain exemption certificates for at least three years. When a church or nonprofit organization uses a tax exemption certificate to make purchases, the burden of proof that the purchase was exempt is on the organization. Misuse of the tax exemption certificate is a serious offense and will subject the purchaser to penalties in addition to any tax, interest and additions to tax due on the purchase.

SALES BY CHURCHES AND NONPROFIT ORGANIZATIONS

Churches and nonprofit organizations that meet the requirements (set forth above) for making tax exempt purchases may also make casual and occasional sales for fund raising purposes and not be required to collect the sales tax from the persons to whom they sell. This exemption from the collection of sales tax is "per se" (in and of itself) and does not require any special documentation as proof of the exemption.

For the purpose of this exemption, "casual and occasional sales" means fund raising events not conducted in a repeated manner or in the ordinary course of repetitive and successive transactions. These fund raising events are limited to six events (which last no more than eighty-four consecutive hours each) in any twelve month period. Any fund raising event which lasts more than eighty-four hours will be considered as two or more events, depending upon the duration of the event.

If an organization holds more than six events it must begin to collect the sales tax on sales made at the seventh event and any others held thereafter.

Organizations that know at the outset that their fund raisers will exceed the six time/eighty-four hours limit or organizations which regularly and routinely make repetitive sales in the ordinary course of their activities do not qualify for this exemption and must collect sales tax on all of their sales.

In addition to the exemption for casual and occasional fund raisers by churches and nonprofit organizations, certain other special exemptions may apply. For example, the following special exemptions apply to certain sales of food even though in some cases sales may not meet the "casual and occasional" test:

1. Sales of food by a nonprofit organization or a governmental agency under a program funded by a state of the United States to low-income elderly persons at or below cost are exempt. No exemption certificate is necessary.

2. Sales of food in an occasional sale by a charitable or nonprofit organization, including volunteer fire departments and rescue squads, are exempt if the purpose of the sale is to obtain revenue for the functions and activities of the organization and the revenue so obtained is actually expended for that purpose. No exemption certificate is necessary.

3. Sales of food by any religious organization at a social or other gathering conducted by it or under its auspices are exempt if the purpose in selling the food is to obtain revenue for the functions and activities of the organization and revenue obtained from selling the food is actually used in carrying on such functions and activities: Provided, That purchases made by such organizations shall not be exempt as a purchase for resale.

4. Sales of food by little leagues, midget football leagues, youth football or soccer leagues and similar types of organizations including scouting groups and church youth groups if the purpose in selling the food is to obtain revenue for the functions and activities of the organization and the revenues obtained from selling the food are actually used in supporting or carrying on functions and activities of the groups:

Provided, that such purchases made by such organizations shall not be exempt as a purchase for resale.

Compliance and Taxpayer Services Division P.O. Box 3784 Charleston, West Virginia 25337-3784 Visit our website: http://www.wvtax.gov TDD Service for the hearing impaired: 1-800-2TAXTDD (1-800-282-9833)

Publication TSD-300 (Rev. January 2011)

Sales and Use Tax Exemptions The West Virginia sales and use tax laws contain many exemptions from the tax. This publication provides a brief, general description of sales and use tax exemptions. It does not discuss special rules regarding sales of gasoline and special fuels. It is not a substitute for tax laws or regulations.

When discussing sales/use tax exemptions it is important to consider the following general principles :

• All sales of tangible personal property or taxable services are presumed to be subject to tax.

• Tax must be collected unless a specific exemption applies to the transaction and proper documentation of the exempt status of the transaction is established by the purchaser and retained by the seller.

• Most individuals, businesses and organizations must pay tax on their purchases.

• The burden of proving that a transaction is exempt is on the person claiming the exemption and the vendor making the sale.

• Vendors who fail to collect and remit sales tax on taxable transactions or who fail to maintain proper records and documents with respect to such transactions will be held personally liable for payment of the amount of tax owed the State.

• Intentional disregard of the sales/use tax law or regulations is a serious matter and will result in monetary fines or criminal penalties.

There are several distinct types of exemptions and prescribed methods by which the exemptions must be claimed. Failure to follow the proper method in claiming an exemption may result in a transaction being taxable even though an exemption would exist if the proper method and documentation had been used.

"Per se" Exemptions The term "per se" means by, of or in itself. When used in the context of sales tax exemptions, it refers to exemptions that do not require a separate exemption document as proof of the exempt status. Generally the normal documentation of the transaction is sufficient proof of the "per se" exemption. Vendors who make sales which are "per se" exempt must maintain adequate records to substantiate the exemption.

The following sales and services are exempt "per se" from sales/use tax in West Virginia.

Advertising - Sales of radio or television broadcasting time, preprinted advertising circulars and outdoor advertising space, newspaper and magazine advertising space for the advertisement of goods or services are exempt from sales tax.

College Room and Board - Sales of room and board by public or private colleges or universities are exempt from sales tax when the sale thereof is for more than 30 consecutive days and is on a "contract basis" to students enrolled at the school.

Contracting - The construction, alteration, repair, improvement or decoration of real property is exempt from sales tax, but only when the work performed results in a "capital improvement" to the real property. All other construction trade activities are subject to the sales tax unless otherwise exempt. (See Publication TSD-310) Purchases made by contractors are generally taxable.

Day Care Centers - Sales of tangible personal property or services by day care centers are exempt from sales tax.

Purchases of property or services by day care centers are generally taxable.

Drugs, durable medical goods, mobility enhancing equipment and prosthetic devices dispensed upon prescription -The purchase by a health care provider of drugs, durable medical goods, mobility enhancing equipment and prosthetic devices to be dispensed upon prescription and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of injury or disease are exempt from sales tax. Purchases of non-prescription drugs and other over-the-counter healthcare items remain subject to sales tax just as such items are taxable when purchased by a consumer from a retailer. See Publication TSD-425 for additional information.

Educational Summer Camp Tuition - Tuition charges made for attending educational summer camps are exempt from sales tax. This exemption does not apply to sales of tangible personal property or food by the camps.

Employees --Services provided by an employee to his or her employer that are within the scope of the employment contract are exempt from sales tax. Services provided by an employee to his employer that are outside of the employment contract and services provided by an "independent contractor'' are taxable. A discussion of the employee/employer relationship can be found in Section 60 of the Department's Sales Tax Regulations.

Federal and State Law exempts certain organizations or activities from state sales taxes. These provisions are not found in our sales tax law or legislative rule, but are in the particular provisions of the law which deal with the specific organization or activity. A nonexclusive list of organizations that are exempt from sales tax by other sections of federal or state law are: federal or state chartered credit unions, regional transit authorities, county ambulance authorities, and non-profit public health care corporations.

These provisions of federal and state law may exempt the organization or activity from sales tax on the sale of goods and services or on purchases of goods and services or both. However, this exemption applies only to the activities or transactions specifically excluded from taxation by the applicable statue. For example, state law imposes a part-mutual wagering tax on racing tracks in lieu of other taxes on its operations; nevertheless sales of food, beverages, programs, souvenirs and other items by racing tracks are subject to the sales tax.

Food Stamps- Sales of food lawfully purchased with federal food stamps or with drafts issued by the West Virginia special supplemental food program for Women, Infants And Children (WIC) are exempt from sales tax.

Fraternities and Sororities - Room and board charges made by fraternities and sororities to their student members are exempt from tax.

Fund Raising Sales by Churches and Certain Non-Profit Organizations - This exemption only applies to organizations which meet special requirements. For a complete discussion of this exemption see Publication TSD-320.

Intangible Property- The sales tax is not imposed on sales of intangibles (copyrights, royalties, notes, bonds, etc.).

Isolated Transactions - Sales of tangible personal property or taxable services by persons who are not in the business of making such sales, such as an individual selling his personal belongings or a law office selling its used furniture, are exempt from sales tax.

Sales of tangible personal property may be made at yard sales without collecting sales tax provided such sales are held no more than 4 times per year and last no longer than 48 hours each. Persons who regularly and routinely sell goods at yard sales, flea markets or along the roadside are engaged in the business of selling. They must register with the State Tax Department and collect sales tax on such sales. Persons who are not engaged in the business of providing taxable services may also qualify for this exemption. For example, teenagers who occasionally mow lawns, baby sit or do odd jobs for their neighbors may be able to claim this exemption.

Lottery Tickets - Sales of West Virginia lottery tickets and materials by authorized lottery retailers, including sales of Lotto America tickets and materials, are exempt from sales tax.

Motor Vehicles- Contact the Division of Motor Vehicles by calling 304-558-3900 or visiting their website http://www.dmv.wv.gov.

Newspapers - Sales of newspapers are generally taxable. However, when they are delivered by route carriers they are exempt. Over the counter and vending machine sales are taxable.

Personal Services - Sales of services to the "person" of an individual, such as barbering, hairstyling, manicuring and massaging are exempt from tax. Generally this exemption does not apply to weight loss or physical fitness programs. Purchases of tangible personal property or taxable services made by personal service providers are generally taxable.

Prescriptions - Sales of drugs dispensed upon prescriptions issued by persons licensed to prescribe, and sales of insulin to consumers for medical purposes are exempt from tax. Sales of nonprescription medications are subject to the tax. Note, however, those purchases of prescription drugs and insulin by medical professionals for use in their medical services are taxable.

Professional Services And Certified Public Accountants - Sales of services recognized as "professional" under West Virginia law such as those provided by doctors, lawyers, engineers, architects and CPA's are not taxable. Purchases by professionals are taxable.

Public Services - Sales of services which are subject to the control of the West Virginia Public Service Commission, including sales of gas, steam and water delivered through pipes and mains and sales of electricity, most telephone services and services of regulated public or common carriers, bus and taxi services are exempt from tax. Mobile telephone and paging services that may not be regulated are subject to the tax. Sales of goods by regulated companies are generally not exempt.

Real Property - Sales tax is not imposed on the sale, lease or rental of real estate (land, houses, buildings and other structures attached to the land). Leases or rentals of real property to the same person or occupant for thirty or more consecutive days are exempt while rentals for less than thirty days are subject to the tax, such as daily parking rental.

School Activities- Sales of tickets for activities sponsored by elementary and secondary schools located within this State are exempt from sales tax. This exemption does not include activities sponsored by other organizations which merely occur on school property and are not sponsored by the school.

Textbooks - Sales of textbooks required to be used in any of the schools of the State, whether the books are sold directly to schools or students are exempt from tax. This exemption includes written course materials as well as audio and video materials so long as they are a required text of the school.

Transportation - Charges for transporting passengers in interstate commerce, such as airplane tickets or bus tickets, are exempt from tax when the trip begins or ends outside the State.

Exemptions The following is a list of tax exemptions that may be claimed by presenting a properly executed Certificate of Exemption (Form F0003) to the seller of the tangible personal property or taxable services. If a vendor fails to obtain a properly completed exemption certificate from the purchaser or if the purchaser refuses to provide a certificate, the vendor must collect the tax and the purchaser must pay the tax. You cannot typically claim these exemptions by using a direct pay permit unless you are otherwise eligible to hold a direct pay permit.

Purchase for Resale - Purchases of tangible personal property or taxable services intended for resale, or for use in performing taxable services when such property becomes a component part of the property upon which the services are performed and will be actually transferred to the purchaser, are exempt from sales tax.

Purchased By An Exempt Commercial Agricultural Producer - Purchases of tangible personal property or taxable services for use or consumption in the commercial production of an agricultural product and purchases of propane for use in heating poultry houses are exempt from sales tax, but not purchases for construction of or permanent improvement of real property.

Tax Exempt Organizations Government - Purchases by the United States government or the State of West Virginia, including their institutions or subdivisions and county and municipal governments of West Virginia are exempt from sales tax. Purchases by employees of such government agencies while on government business are not exempt from sales tax unless such purchases are directly billed to and paid for by the government agency. Purchases by another state, or by an out of state county or municipal government are not exempt unless the other state or government organization provides the same exemption to the State of West Virginia and its institutions and subdivisions. Private persons doing business with the government may not claim this exemption.

Certain Nonprofit Organizations- Purchases by a corporation or organization which has a current registration certificate and which is exempt from federal income taxes under section § 501 (c)(3) or (c)(4) of the Internal Revenue Code are exempt if the organization meets all of the requirements set forth in W. Va. Code§ 11-15-9(f). For information concerning these requirements refer to Publication TSD-320.

Schools - Purchases by a school that has its principal campus in this State, is approved by the State of West Virginia to award degrees, and is exempt from federal and state income taxes under section § 501 (c)(3) of the Internal Revenue Code are exempt from sales tax.

Churches - Purchases of services, equipment, supplies, food for meals and materials directly used or consumed by churches which make no charge whatsoever for the services they render are exempt from sales tax. These purchases must be paid for directly out of the church treasury.

Sales of Certain Specific Services Purchases of electronic data processing services and software related to such purchases are exempt from sales tax, but not purchases of data processing equipment, materials and supplies.

Purchases of services by one corporation, partnership or limited liability company from another corporation, partnership or limited liability company but only when both corporations are members of the same controlled group are exempt from sales tax.

Purchases of motion picture films, coin-operated video arcade machines and other video arcade games for any use upon which there will be a charge subject to sales tax.

Purchases by a licensed carrier of persons or property, or by a government entity, or aircraft repair, remodeling and maintenance services for an aircraft, engine or other component part of an aircraft, or purchases of tangible personal property that is permanently affixed as a component part of an aircraft as part of the repair, remodeling or maintenance of aircraft, aircraft engines or aircraft component parts, and purchases by a licensed carrier of persons or property, or by a government entity, of machinery, tools or equipment, directly used or consumed exclusively in the repair, remodeling or maintenance of aircraft, aircraft engines or aircraft component parts.

Refundable Exemptions/Direct Pay Permit The following exemptions must be claimed in one of the following ways. These exemptions may not be claimed by use of the tax exemption certificate.

Direct Pay Permit - Business entities that qualify for these exemptions may apply to the State Tax Department for issuance of a Direct Pay Permit. Only those organizations which qualify for one or more of these exemptions will be issued a Direct Pay Permit. Also, business entities which are delinquent in paying taxes to the Department will not be issued Direct Pay Permits. Direct Pay Permits may only be used to purchase exempt items and may not be used to purchase gasoline and special fuel.

Pay/Refund - Business entities that qualify for these exemptions but who have not been issued Direct Pay Permits must pay the sales tax to the vendor at the time of purchase and then apply to the Department for a refund or credit of the tax paid on their exempt purchases.

Refundable/Direct Pay Permit Exemptions Manufacturing Exemptions - Purchases of equipment, supplies, materials and services intended for direct use or consumption in the activity of manufacturing are exempt from sales tax. Purchases which are not intended for direct use or consumption but whose use or consumption is only incidental or convenient to the manufacturing activity are not exempt. For example, the purchase of an oven to process coal into coke and the purchase of coal to be processed into coke are exempt, whereas a furnace purchased to heat the office building of a coke manufacturer and the coal used to fire that furnace are subject to sales tax. For a complete discussion of the definition of "direct use" see Publication TSD-358.

Natural Resource Production - Purchases for direct use or consumption in the activity of producing natural resources are exempt from sales tax. This exemption applies only to persons engaged in natural resource production who are not subject to the severance tax, such as contract miners or drillers.

Transportation and Transmission Businesses - Purchases made for direct use or consumption in the activity of transportation are exempt from sales tax. Transportation and transmission businesses engage in the activity of hauling or delivering goods for others. Persons who haul or deliver their own goods may not claim this exemption. Purchases which are not for direct use or consumption or whose use or consumption will only be incidental or convenient to such transportation or transmission activity are taxable.

Communication Businesses- Purchases made for direct use or consumption in the activity of communication (telephone, telegraph, commercial broadcast radio and television, cable television, etc.) are exempt. Purchases which are not for direct use or consumption or whose use or consumption which will only be incidental or convenient to the communications activity are taxable.

Businesses Subject to the Business and Occupation Tax, Severance Tax or Telecommunications Tax - Businesses subject to these taxes may purchase exempt from the sales tax all equipment, supplies and materials that will be used in the business activities subject to those taxes. Purchases made for use in activities not subject to those taxes do not qualify for this exemption.

Other Organizations - Charitable organizations, volunteer fire departments and nationally chartered fraternal or social organizations may qualify for a refundable/direct pay permit exemption. If these organizations do not qualify for the specific exemption for non-profit (IRC §501 (c)(3) or § 501 (c)(4)) organizations, they may claim a limited refundable exemption.

However, if these organizations qualify for the non-profit exemption, they must claim their exemption by use of the tax exemption certificate and will not be eligible to receive a direct pay permit.

• Purchases by bona fide charitable organizations which make no charge whatsoever for the services they render are exempt.

• Purchases by volunteer fire departments of station house equipment, construction and automotive equipment are exempt.

Purchases by nationally chartered fraternal or social organizations for the sole purpose of free distribution in public welfare or relief work are exempt.

Compliance and Taxpayer Services Division P. O. Box 3784 Charleston, West Virginia 25337-3784 Telephone: (304) 558-3333 Toll free : 1-800-WVA-TAXS (1 -800-982-8297) or visit our website: http://www.wvtax.gov TDD service for the hearing impaired: 'b800-2TAXTDD (1 -800-282-9833)

APPENDIX C

APPENDIX C

AUTHORIZED AND UNAUTHORIZED EXPENDITURES

The following is a partial list of expenditures that are considered to be authorized or unauthorized by either the State Attorney General or the State Superintendent of Schools. The list includes only opinions of the Attorney General or interpretations of the State Superintendent of Schools issued since 1987.

Be aware in reviewing the list that applicable statutes and State Board policies may have changed since the views contained herein were expressed. Also, it is possible that the unique facts of a particular situation may distinguish it significantly from the circumstances that existed at the time these opinions and interpretations were rendered.

In addition, the opinions and interpretations included herein should be considered only as guidelines, since neither the State Attorney General nor the State Superintendent of Schools serve as statutory or appointed attorney for the county boards of education. The advice of the board’s attorney of record should be obtained on any questions concerning the legality of a particular expenditure.

Expenditures considered to be unauthorized by either the State Attorney General or the State Superintendent of Schools:

The payment of dues to become a member of a local Chamber of Commerce (Attorney General Opinion of May 7, 1987)

The expenditure of public or quasi-public funds for the purchase of food and drink for board of education meetings (Attorney General Opinion of May 7, 1987)

The expenditure of public or quasi-funds for the purchase of food and drink for meetings of school principals (Attorney General Opinion of May 7, 1987)

The expenditure of public or quasi-funds for the purchase of food and drink for meetings of the public (Attorney General Opinion of May 7, 1987)

The use of school moneys to buy coffee and doughnuts for the staff as a morale booster (State Superintendent Interpretation of November 16, 1992)

The use of funds from an individual school’s general accounts for the purchase of flowers, gifts, service awards, and other awards to recognize employees for outstanding services (State Superintendent Interpretation of October 6, 1992)

The use of gate receipts to repay a loan which was obtained by a coach and private supporters, without board knowledge or approval, to build a school athletic facility (State Superintendent Interpretation of August 31, 1992)

The use of gate receipts, vending machine profits, and other school funds to buy a table and chair for a teachers’ lounge (State Superintendent Interpretation of June 9, 1992)

The expenditure of quasi-public funds for meals which are solely for school officials, administrators, faculty and other personnel (State Superintendent Interpretation of July 17, 1992)

The use by principals of school general account funds (raised from snack machines, school sales, dances, etc.) to attend and pay expenses for state and national conferences (State Superintendent Interpretation of December 5, 1989)

The use of school general account funds (raised from snack machines, school sales, dances, etc.) to buy coffee, doughnuts, etc. for staff development meetings, staff meetings, etc. (State Superintendent Interpretation of December 5, 1989)

The payment from a school’s general fund the membership fee of an elementary principal in the West Virginia Elementary School Principals Association and the National Elementary School Principals Association (State Superintendent Interpretation of December 5, 1989)

Expenditures considered to be authorized by either the State Attorney General or the State Superintendent of Schools:

The use of gate receipts, vending machine profits, and other school funds to buy flowers and shrubs for the school lawn (State Superintendent Interpretation of June 9, 1992)

The use of quasi-public funds raised or accepted by a faculty senate to buy a table and chairs for a teachers’ lounge (State Superintendent Interpretation of June 9, 1992)

The purchase of a table and chairs for a teachers’ lounge with money granted to the school by the PTA or PTO for that purpose (State Superintendent Interpretation of June 9, 1992)

The use of a school’s athletic fund to reimburse a head coach for the expense of attending a sports rule clinic mandated by the West Virginia Secondary Schools Activities Commission (State Superintendent Interpretation of October 3, 1988)

The use of quasi-public funds to pay for student sports banquets, academic banquets, pizza parties (to reward high test scores), etc., subject to certain general limitations regarding the amount of money spent on different student groups (State Superintendent Interpretation of June 9, 1987)

The use of quasi-public school funds to purchase awards, trophies, etc., for students for academics and athletics, subject to certain limitations regarding gender equality, equality between athletic and academic programs, and students with disabilities. (State Superintendent Interpretation of June 9, 1987)

APPENDIX D

APPENDIX D

CONTROL FACTORS

USED TO DETERMINE WHETHER A WORKER IS AN

EMPLOYEE OR INDEPENDENT CONTRACTOR

Behavioral Control:

Instructions – If an individual receives instructions about when, where, and how to work, what tools or equipment to use, what assistants to hire to help with the work, or where to purchase supplies and services it suggests that the individual is an employee. Even if no instructions are given, the control factor is present if the employee has the right to control how the work results are achieved.

Training - Employees may be trained to work in a particular manner. Independent contractors ordinarily use their own methods and receive no training from the purchasers of their services.

Financial Control:

Significant Investment – If the individual has a significant investment in the work it suggests that the individual is an independent contractor. While there is no precise dollar test, the investment must have substance.

Expenses – If the individual is not reimbursed for some or all business expenses then it suggests that the individual is an independent contractor.

Opportunity for Profit or Loss – If the individual can realize a profit or incur a loss, it suggests that the individual is an independent contractor.

Relationship of the Parties:

Employee Benefits – If the individual receives benefits such as insurance, pension or paid leave it suggests that the individual is an employee. If the individual does not receive benefits, however, the individual could be either an employee or an independent contractor.

Written Contracts – A written contract may show what both the individual and the business intend. This may be significant if it is difficult to determine the status based on other facts.

FACTORS THAT SUGGEST

EMPLOYEE STATUS

Instructions by firm Firm trains worker Services performed are vital to the business Services must be rendered personally by the worker Continuing relationship between workers and firm Full time required Order or sequence of task set by firm Regular or written reports by worker or firm Firm pays business or travel expenses Firm provides tools, materials, or significant equipment Firm has right to discharge worker Worker has right to end relationship with firm at any time without liability Work done on firm’s premises Set hours of work FACTORS THAT SUGGEST INDEPENDENT CONTRACTOR STATUS Worker paid on a job-by-job or commission basis Worker invests in facilities used by the worker to perform services Worker can realize a profit or loss based on performance of services Worker provides services to more than one firm at a time Worker makes services available to the general public Worker hires, supervises, and fires own assistants Independent Contractor Checklist Name of Service Provider:­­­­­­­­­­­­­­­­­­­___________________________________________________ The purpose of this checklist is to assist in the determination of employee or independent contractor status. Federal and State law places the burden of proof on the employer to show that an independent contractor relationship exists.

Yes No Is the service provider an employee of the County Board of Education or has the service provider been employed by the County Board of Education within the past twelve (12) months?

Does the service provider perform the same type of work that is generally performed by regular employees?

Does the County Board of Education determine the means and methods by which the results are accomplished?

Does the County Board of Education provide supplies, equipment, software and/or tools necessary to perform the services?

Will the County Board of Education provide training, supervision, or instruction other than conveying the scope of the service or results desired?

Does the County Board of Education establish the individual’s work schedule?

Is the individual required to perform services on County Board of Education property on a regular and continuing basis?

Can the service provider be terminated by the County Board of Education or quit work at any time without incurring liability?

If one or more responses to the above questions are “Yes” the worker may be considered an employee under IRS guidelines. If employee status is determined, contact Human Resources to establish the individual as an employee and arrange for payment of his or her services through the County Board of Education payroll.

APPENDIX E

APPENDIX E

School Year Criteria Yes No N/A General:

1. Is a copy of the Accounting Procedures Manual for the Public Schools in the State of West Virginia maintained on file?

2. Is a copy of the county board's policy(s) related to school finances maintained on file?

3. Does the principal understand that he/she is responsible for the financial management of the school?

4. Does the principal understand the importance of a well designed internal accounting control structure?

5. Does the school have authorization from the county board to maintain the following funds:

General Fund?

Child Nutrition Fund?

Faculty Senate Fund?

Athletic Fund?

Financial Statements:

1. Are monthly and annual financial statements prepared and filed for each fund?

2. Are copies of the monthly and annual financial statements submitted to the chief school business official in a timely manner and made available for review at the school?

Bank Accounts:

1. Has a separate bank account been established for each fund?

2. Are all bank accounts located within the county?

3. Are all bank accounts maintained by the school (checking and savings) authorized by the county board?

4. Do all bank accounts contain the name and Federal Employer Identification Number (FEIN) of the county board?

5. Do all bank accounts contain the name of the school and the fund?

6. Do the principal and chief school business official have signature authority for every bank account maintained by the school?

7. Are all bank statements presented unopened to the school principal immediately upon their receipt at the school?

8. Does the principal open and review the bank statements and canceled checks for irregularities or unusual items?

9. Are reconciliations conducted of all bank accounts as soon as possible after the bank statements are received?

10. Are any differences noted between the school's checkbook balances and the bank statement balances resolved immediately?

11. Upon the completion of the bank reconciliations, are the reconciliation reports signed and dated by both the individual that performed the reconciliation(s) and the school principal?

12. Are all bank statements and canceled checks or images (including voided checks) retained and filed?

13. Are all bank accounts in which school funds are deposited insured or has the bank either provided a bond or pledged securities to cover the maximum amount that is on deposit?

14. Do all checks have pre-printed on them: the name of the school, the name of the fund, the school address, the check number, and the account number?

15. Do the check forms for all funds provide spaces for two signatures?

16. Are all funds in excess of the funds necessary to meet the schools current obligations invested?

Accounting Records:

1. Does the school maintain the following accounting records for each fund?

Pre-numbered receipt forms Transaction journal(s)

Purchase orders A bank checkbook or electronic equivalent Bank deposit slips Monthly financial statements Annual financial statements 2. Are all accounting records adequately safeguarded against theft, casualty loss or unauthorized use?

3. Are the following transactions posted in all transaction journals?

All receipts, including those that have been voided All disbursements, included all checks that have been voided All interest earned All bank charges All transfers between accounts within a fund All transfers between funds All transfers between depository and investment accounts 4. Are all transactions posted to the appropriate transaction journal at least weekly?

Tax Exempt Status/Consumer Sales Tax:

1. Has the school registered as a tax exempt organization with the West Virginia Department of Tax and Revenue?

2. Does the school have a current business registration certificate?

3. Is consumers sales tax collected on all taxable sales?

4. Are all sales tax collections remitted to the West Virginia Department of Tax and Revenue in a timely manner?

Annual Audit:

1. Has a plan of corrective action for all reportable conditions noted in the school's audit/review report been submitted to the county board?

2. Are all reportable conditions corrected as soon as practical and in all cases within six (6) months of receipt of the report?

Records Retention:

1. Are all school records maintained at the school and safeguarded at all times, unless otherwise directed by the county superintendent or his/her designee?

2. Are the following records maintained at the school and safeguarded at all times, unless otherwise directed by the county superintendent or his/her designee?

Transaction journals Bank Statements Canceled checks and deposit slips 3. Are all other financial records retained for at least three (3) years?

Collections:

1. Are all moneys collected from school activities remitted daily to the school principal or to the individual designated by the principal to be responsible for the funds?

2. Are all monies collected reconciled to the detailed records supporting the collections?

3. Are all checks received by the school stamped on the back with a restrictive endorsement at the time of receipt?

4. Are receipts written for all monies collected?

5. Are all receipts pre-numbered and used in sequential order?

6. Are receipts prepared in duplicate with the original provided to the individual from whom the monies were received?

7. Are the following items included on all receipts written?

The date remitted?

The amount received?

The name of the individual from whom the monies are received?

The purpose of the collection?

The fund and account for which the monies were received?

8. If detailed listings are used for collections from groups of students, are the lists provided to the principal or his/her designee at the time the monies are remitted?

9. Are all voided receipts clearly marked VOID and retained and filed?

10. Are all receipts written posted daily to the transaction journal in numeric order?

11. Are the making of cash disbursements and the cashing of personal checks considered unauthorized uses of cash collections?

Concession Stands/Vending Machines:

1. If a concession stand is operated by the school:

Have local procedures been established to ensure that items purchased for resale are adequately safeguarded from theft, casualty loss or unauthorized use and that proceeds are receipted and deposited properly?

Is a profit and loss statement prepared periodically?

Is an inventory reconciliation/sales form perpared periodically?

2. If vending machines are maintained at the school:

Does a vendor restock the machine(s) and remove the sales proceeds; or;

Have local procedures been established to safeguard the inventory of items purchased for resale and to ensure that all sales proceeds are receipted and deposited properly?

Is a profit and loss statement prepared periodically?

3. If soft drinks are sold at a high school, have procedures been established to ensure that 75% of the profits are allocated by a majority vote of the faculty senate?

Fund Raisers:

1. If fundraising activities are conducted by a school:

Does the principal approve all fundraising activities prior to the conducting of the activities?

Have local procedures been established to ensure that fundraising activities are conducted in a proper manner and that all proceeds are receipted and deposited into one of the schools depository accounts?

Are payments made to vendors for merchandise purchased for resale made only with a check issued for that purpose?

Is an activity report prepared for each fundraising activity conducted?

Is a profit and loss statement prepared for each fundraising activity?

Gate Receipts:

1. Are pre-numbered tickets used at school events in which an admission fee is charged or a donation accepted for admittance?

2. Are reports prepared for each event that reconciles the total number of tickets sold to the total cash collections?

3. Have local procedures been established to verify the consecutive use of tickets?

Deposits:

1. In accordance with county board policy, deposits are made:

Daily;or;?

When collections exceed $500;and;?

Before all extended school holidays;and;?

At least weekly?

2. Have procedures been established to safeguard undeposited cash receipts from theft, casualty loss or unauthorized use?

3. Do deposit slips contain:

The name of the school?

The bank account number?

The date the deposit slip was completed?

The series of receipt numbers comprising the deposit?

The total amount of cash included in the deposit?

A listing of the individual checks included in the deposit?

The total amount of the deposit?

4. Are deposit slips prepared in duplicate and the original remitted to the bank and the copy retained in the school's files?

5. Are all checks being deposited listed separately on either the deposit slip or on a separate schedule attached to the deposit?

6. Are the beginning and ending receipt numbers listed on all deposit slips?

Non-sufficient Fund Checks:

1. When deposited checks are returned for insufficient funds (NSF), are adjusting entries made in the transaction journal to reduce the amount of funds recorded as having been received?

2. Have procedures been established to provide guidance on the steps to be taken in recovering funds from NSF checks?

3. Are all checks deemed uncollectible reported annually to the chief school business official and a file maintained for each individual at the school?

Purchase Orders:

1. Are all purchases made in accordance with the purchasing procedures prescribed by the county board?

2. Are the purchases from the fund controlled in such a manner that unpaid bills and outstanding obligations never exceed the available resources of the fund?

3. Are pre-numbered purchase orders that require the signature of the school principal or his/her designee used by the school for all purchases?

4. Are fully executed purchase orders obtained prior to the ordering of goods or services?

5. Are purchase orders prepared in duplicate with the original forwarded to the vendor and the second copy maintained in the school's files?

6. Are purchase orders retained and filed in a systematic manner?

Disbursements:

1. Are all disbursements made for the educational benefit of the students?

2. School funds are never expended for flowers, gifts, banquets or service awards for school employees unless funds are raised or donated specifically for that purpose.

3. Are donations received from private sources accounted for in a separate account within the school's general fund?

4. Are all disbursements made by a check?

5. Are checks made payable only to the individual or vendor to whom the payment is being made?

6. Have procedures been established that ensure that all goods have been received and services rendered prior to the school making payment for those goods and services?

7. Checks are never made payable to cash.

8. Are all checks and check stubs fully completed at the time that the check is being issued?

9. Checks are never signed in advance.

10. When an error is made in preparing a check:

Is the word "VOID" written on the face of the voided check and a new check written for the disbursement?

Is the voided check and check stub retained and filed?

11. Are two signatures required on all checks issued; with one being that of the principal?

12. Do all checks contain:

The name of the school?

The name of the fund?

The school's address?

The check number?

The account number?

Two authorizing signature lines?

13. Is itemized documentation maintained that supports all disbursements of school funds?

14. Are disbursements made only from invoices and not monthly statements?

15. Have procedures been established that requires school personnel to verify the clerical and mathematical accuracy of all vendor invoices?

16. Are all invoices approved by the principal or his/her designee prior to payment being made?

17. After payment has been made, are all invoices stamped with the following information and filed in a systematic manner?

Check Number?

Date Paid?

Amount Paid?

Approved By?

18. Are all payments made by a school to individuals (other than those that can be clearly identified as an independent contractor) for services rendered paid through the county board office?

19. Are all payments made to independent contractors reported to the county board office so that a 1099-MISC determination can be made?

20. Are all checks issued posted in the transaction journal:

Individually?

In numeric order?

Daily?

21. Are all disbursements classified to the appropriate account(s) within the fund?

Stop Payments:

1. When a stop payment is made on a check that has been issued, are correcting journal entries posted in the transaction journal?

2. When a stop payment is made on a check issued during a previous year, is: a receipt in the amount of the check prepared and posted to the transaction journal? the canceled check removed from the outstanding check list?

Travel:

1. Is a copy of the county boards travel regulations maintained at the school?

2. Are travel expense reimbursements made to employees only upon their submission of an itemized statement signed by both the employee and the principal?

3. Are all payments for travel expenses of students supported by an itemized statement that includes:

The date and purpose of the trip?

The names of all students and chaperones on the trip?

The amounts paid?

4. When travel funds are paid directly to students, is a verification form obtained from the student certifying their receipt of the funds?

5. Are receipts obtained to support all travel disbursements made directly to vendors?

6. Are all travel statements signed and dated by the staff member in charge of the trip?

7. Are all travel statements and supporting documentation remitted to the school principal or his/her designee in a timely manner?

8. For trips in which cash advances are obtained, is the cash remaining at the conclusion of the trip remitted in a timely manner to the school principal and deposited immediately into one of the schools depository accounts?

Petty Cash Fund/Starting Cash Drawer:

1. If a petty cash fund not to exceed $50 has been authorized by the county board:

Is the fund adequately safeguarded from theft, casualty loss or unauthorized use?

Do the cash and receipts in the fund always equal to the total amount of the fund established?

Is the fund replenished only with a school check that is supported by itemized receipts and invoices and that is made payable to the principal?

Does someone independent of the custodian periodically count the fund and reconcile the contents to the established amount?

2. If a starting cash drawer not to exceed $500 has been authorized by the county board:

Is the drawer adequately safeguarded from theft, casualty loss or unauthorized use?

Is the amount in the drawer equal to the amount established at all times?

Is the starting cash drawer deposited into a school account at times when it is not needed and at the end of each school year?

Does someone independent of the custodian periodically count the drawer and reconcile the contents to the established amount?

Child Nutrition:

1. In accordance with county policy, the Child Nutrition Program is maintained:

As a separate sub-account within the school's general current expense fund?

As a separate fund and bank account?

Faculty Senate:

1. In accordance with county policy, Faculty Senate funds are maintained:

As a separate sub-account within the school's general current expense fund?

As a separate fund and bank account?

2. Does the Faculty Senate prepare and approve a budget annually that details how all faculty senate funds are to be expended?

3. Are budget revisions made only with the approval of the faculty senate?

4. Is the approval of the faculty senate budget and all revisions made a part of the minutes of the faculty senate meeting(s)?

5. Are expenditures made only in accordance with an approved faculty senate budget?

6. Does the Faculty Senate utilize the legislative appropriation as follows:

Make an allotment of $100 to each teacher, counselor and librarian for expenditure during the instructional year for academic materials, supplies or equipment which, in the judgement of the individual, will assist him/her in providing instruction?

Expend the remaining funds only for academic materials, supplies or equipment?

7. Are teachers, counselors and librarians required to submit receipts for all purchases made with the $100 allotment?

8. If the $100 allotment made to each teacher, counselor and librarian is not fully exhausted during the instructional year, are the funds returned to the faculty senate?

9. If faculty senate funds are maintained in the school general fund, are faculty senate records reconciled to the general fund records periodically?

Athletics:

1. In accordance with county policy, athletic funds are maintained:

As a separate sub-account within the school's general current expense fund?

As a separate fund and bank account?

WVSSAC Tournaments:

1. If the school enters into an agreement with the West Virginia Secondary Schools Athletic Commission to conduct tournaments on their behalf:

Has the school established a separate sub-account in the transaction journal to account for all collections and expenditures made as a result of the tournament?

Are all proceeds received from the tournament deposited intact into one of the schools depository accounts?

Are all expenses associated with the tournament paid by check from the appropriate account?

Are all individuals who render services during the tournament paid through the normal payroll process at the central board office unless it can be clearly shown that the individual is an independent contractor in accordance with the criteria established by the Internal Revenue Service?

Athletic Equipment:

1. Is an inventory maintained of all uniforms, equipment and other team merchandise?

2. Does the school require that all items provided to athletes and coaches be returned at the end of the season?

PTA's, Booster Groups and Other School Support Organizations:

1. Have procedures been established to ensure that all school support organizations are approved by the county board to conduct fundraising activities in the name of the school?

2. Are all school support organizations required to obtain approval from the principal prior to their conducting of a fundraising activity?

3. Does the principal receive 2 copies of the annual financial statements prepared by each school support organization?

Series 003 West Virginia Board of Education Notice and Conduct of Meetings (Policy 1241)

W. Va. Code R. § 126-3-1 General

1.1. Scope. -- This rule governs the procedure for meetings held by the West Virginia Board of Education (WVBE).

1.2. Authority. -- W. Va. Constitution, Article XII, Section 2, W. Va. Code §§18-2-3, 18-2-4, 18-2-5, and 6-9A-3.

1.3. Filing Date. -- August 14, 2024.

1.4. Effective Date. -- September 16, 2024.

1.5. Repeal of Former Rule. -- This rule amends W. Va. 126CSR3, Policy 1241, Notice and Conduct of Meetings, filed November 15, 2018, and effective December 17, 2018.

W. Va. Code R. § 126-3-2 Meetings

2.1. As required by W. Va. Code §18-2-3, the WVBE shall hold at least six meetings in every year at such times and places as it may prescribe. It may meet at such other times as may be necessary, such meetings to be held upon its own resolution or at the call of the president of the WVBE. Regular meetings will be held on the second Wednesday of each month unless the WVBE or its president choose to meet on an alternate day.

2.2. Special meetings may be held at such other times as may be necessary, as determined by the WVBE and/or its president.

2.3. Emergency meetings, as that term is defined by W. Va. Code §6-9A-2(2), may be held, as determined by the WVBE and/or its president.

2.4. At its first regular meeting at the beginning of every fiscal year the WVBE shall elect one of its members as president, who may serve an unlimited number of terms, but no more than two consecutive terms, and one as vice president who may serve an unlimited number of terms.

2.5. The WVBE shall appoint a secretary who shall keep a record of the proceedings of the WVBE and shall perform such other duties as it may prescribe.

2.6. The president shall preside at all WVBE meetings at which he or she is present and control debate and discussion. If the president is absent from a meeting, the vice-president shall preside. In the absence of the vice-president, another member may be designated by the president to preside over the meeting.

2.7. All members, including the president and vice president, may make and second motions on all matters before the WVBE at a meeting. Any motion not receiving a second shall die.

2.8. A majority of the WVBE shall constitute a quorum at any meeting for the transaction of business.

2.9. The secretary of the WVBE shall electronically file a notice of each of the WVBE’s regular and special meetings with the Secretary of State for publication on the Secretary of State’s website and shall place each notice on the West Virginia Department of Education’s (WVDE) website. Each notice shall contain the date, time, place, and purpose of the meeting and shall be filed or placed in a manner to allow each notice to appear on the Secretary of State’s website and the WVDE’s website at least five business days prior to the date of the meeting.

2.10. The secretary of the WVBE shall electronically file a notice of an emergency meeting with the Secretary of State and place a notice on the WVDE’s website as soon as practicable prior to the meeting. The emergency meeting notice shall state the date, time, place, and purpose of the meeting and the facts and circumstances of the emergency.

2.11. All meetings of the WVBE are open to the public except as otherwise provided in W. Va. Code §6-9A-4.

2.12. Upon a majority vote of the members present at any meeting, the WVBE may go into executive session and exclude the public to discuss any agenda item that fits within the exceptions provided in W. Va. Code §6-9A-4. Any action taken as a result of a discussion in executive session must be taken in open session except that the WVBE may vote in executive session to give its attorney settlement authority for threatened or pending claims against the WVBE. Provided that, pursuant to W. Va. Code §6‑9A‑4(b)(11), if a settlement is reached, then the terms of the settlement agreement shall be reported by the WVBE at an open meeting and entered into its meeting minutes within a reasonable time after the settlement is concluded.

2.13. Video and/or audio of open WVBE meetings shall be live-streamed, recorded, and posted to the WVDE’s website within five business days of the meeting. The recording shall remain available to the public for five years following the recording date. Directions for accessing the live stream shall be made available to the public on the WVDE’s website and on the WVBE’s agendas.

2.14. A member of the public who disrupts a WVBE meeting, to the extent that the orderly conduct of the meeting is compromised, may be removed from a meeting at the discretion of the WVBE and/or its president.

W. Va. Code R. § 126-3-3 Agendas

3.1. At least three business days prior to the date of regular meeting, an agenda for each regular and special meeting shall be made available in the WVBE’s office and on the WVDE’s website. An agenda which has been issued at least three days in advance of a meeting may be amended up to two days before the meeting. In calculating business days, the day of the meeting, as well as Saturdays, Sundays, and legal holidays are excluded.

3.2. The agenda for an emergency meeting shall be made available in the WVBE’s office and on the WVDE’s website as soon as practicable prior to the meeting.

3.3. Items listed on a meeting agenda shall be stated in a specific manner so as to make the public aware of the particular matters to be dealt with at the meeting.

3.4. Any discussion of an item of business that may ultimately lead to or result in official action at that meeting, or at some future meeting, shall appear on the agenda of the meeting at which the discussion is held.

3.5. In the discretion of the president, the order of items contained on a meeting agenda may be changed in the course of a meeting as circumstances require.

3.6. Any member of the WVBE or the public may request that an item be placed on the agenda of a WVBE meeting. Provided that, it shall be within the discretion of the president whether a requested agenda item is placed upon an agenda.

W. Va. Code R. § 126-3-4 Participation in Meetings Using Technology

4.1. Members of the WVBE may participate in meetings by telephone or other electronic conferencing. A speaker phone or other audio and/or video device shall be used at the meeting site to enable those present, including the public, to hear and/or see the members who are attending and participating by telephone or other electronic conferencing.

4.2. The WVBE may, at its discretion and in special circumstances with advanced approval, allow limited participation in meetings by persons who are scheduled to address the WVBE by telephone or other electronic conferencing. Requests to participate by telephone or other electronic conferencing as allowed under this section, shall be made to the WVBE at least three business days prior to the scheduled meeting.

W. Va. Code R. § 126-3-5 Meeting Materials

5.1. The WVBE’s secretary shall post WVBE meeting agendas on the WVDE’s website at least five business days prior to a meeting.

5.2. A member of the public may submit informational materials pertaining to an item on a WVBE meeting agenda to the WVBE’s secretary for distribution to and consideration by the WVBE. The WVBE or its president may establish a deadline for submission of such informational materials prior to a meeting. Any informational materials received after a deadline established by the WVBE or its president may not be considered by the WVBE.

W. Va. Code R. § 126-3-6 Public Comment

6.1. In the discretion of the president, the WVBE may have a public comment period to allow members of the public to address the WVBE during a meeting. Provided that, the president may choose to allow a member of the public to speak to coincide with a topic on the agenda, if the speaker’s comments pertain to an agenda item.

6.2. The WVBE may provide a sign-in sheet and electronic sign-in in advance of a meeting to allow members of the public to sign up to speak during a public comment period. Members of the public must sign up to speak no later than ten minutes prior to the start of a meeting.

6.3. The president may reasonably limit the amount of time that each member of the public has to provide public comment during a WVBE meeting.

6.4. The WVBE shall not deliberate and/or take action on any topic addressed by a member of the public that is not on the meeting agenda. The WVBE may, in its discretion, direct that any topic raised by a member of the public during a meeting be placed on the agenda for a future meeting to allow the WVBE to deliberate and/or take action on the topic.

W. Va. Code R. § 126-3-7 Media

7.1. Pursuant to W. Va. Code §6-9A-9, any radio or television station is entitled to broadcast all or any part of an open WVBE meeting. Provided that, the WVBE may regulate the placement of equipment necessary for broadcasting, photographing, filming or recording a meeting so as to prevent undue interference with the meeting. Provided further that, if the WVBE determines in good faith that the size of the meeting room is such that all of the members of the public present and the equipment and personnel necessary for broadcasting, photographing, filming and tape-recording the meeting cannot be accommodated in the meeting room without unduly interfering with the meeting and an adequate alternative meeting room is not readily available, then it may require pooling of equipment and the personnel operating it.

W. Va. Code R. § 126-3-8 Committees and Subcommittees

8.1. Any committee, subcommittee or other subunit formed or appointed by the WVBE to make decisions for or recommendations to the WVBE shall be subject to the requirements of the Open Governmental Proceedings Act, W. Va. Code §§6-9A-1 et seq.

W. Va. Code R. § 126-3-9 Minutes

9.1. The secretary of the WVBE shall prepare written minutes of all WVBE open meetings.

9.2. A copy of the minutes of open meetings shall be available to the public within a reasonable time after the meetings and shall include the following information:

9.2.a. The date, time, and place of the meeting;

9.2.b. The name of each WVBE member present or absent;

9.2.c. All motions, proposals, resolutions, orders, and measures proposed, the name of the person proposing the same and their disposition; and,

9.2.d. The results of all votes and, upon the request of a member, the vote of each member, by name.

W. Va. Code R. § 126-3-10 Severability

10.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 003A State Board of Education Policy Making Process (Policy 1242)

W. Va. Code R. § 126-3A-1 General

1.1. Scope. -- This rule establishes the procedure for rulemaking by the West Virginia Board of Education (WVBE) in accordance with its supervisory authority as set forth in Article XII, Section 2 of the Constitution of West Virginia and in compliance with W. Va. Code §§18-2-5, 18-2-5a, and 29A-3B-1, et seq.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2-5a, and 29A-3B-1, et seq.

1.3. Filing Date. -- December 9, 2021.

1.4. Effective Date. -- January 10, 2022.

1.5. Repeal of Former Rule. -- This procedural rule repeals and replaces W. Va. 126CSR3A, Policy 1242, State Board of Education Policy Making Process, filed January 10, 2002, and effective February 9, 2002.

W. Va. Code R. § 126-3A-2 Rationale

2.1. Every rule, including any amendment of a rule or repeal of a rule, shall be promulgated by the WVBE in accordance with W. Va. Code §§18-2-5, 18-2-5a, and 29A-3B-1, et seq. and in accordance with this rule. Rules promulgated by the WVBE are also known as policies. Any reference to policy or policies in any WVBE document shall have the same meaning as rule or rules as used herein.

W. Va. Code R. § 126-3A-3 Procedures

3.1. The WVBE shall provide the Legislative Oversight Commission on Education Accountability (LOCEA) with an annual forecast of policies it anticipates promulgating or revising and shall update the forecast monthly.

3.2. Each proposed policy shall be placed on public comment and review for a period of time that extends at least 30 days from the date the proposed policy is filed with the Secretary of State in the state register pursuant to W. Va. Code §29A-3B-4(a).

3.3. Each proposed policy shall be submitted to the LOCEA pursuant to W. Va. Code §18-2-5a and §29A-3B-9.

3.3.a. The LOCEA submission shall contain: 1) the full text of the policy as proposed by the WVBE and filed with the office of the Secretary of State, with new language underlined and with language to be deleted from any existing policy stricken through but clearly legible; 2) a brief summary of the content of the policy and a description and a copy of any existing policy that the WVBE proposes to amend or repeal; 3) a statement of the circumstances which require the policy; 4) a fiscal note containing all information included in a fiscal note for either house of the Legislature and a statement of the economic impact of the policy on the state or its residents; 5) a description of stakeholder involvement in the development of the policy; and 6) any other information which the LOCEA may request or which may be required by law.

3.3.b. The LOCEA may, at its discretion, hold public hearings regarding a proposed policy, may request additional information regarding any aspect of the proposed policy, and may appoint a sub-committee to meet with the State Superintendent or designee(s) to further review the proposed policy. The LOCEA review shall include, but not be limited to, a determination of: 1) whether the WVBE has exceeded the scope of its statutory authority in approving the proposed policy; 2) whether the proposed policy is in conformity with the legislative intent of the statute that the policy is intended to implement, extend, apply, interpret, or make specific; 3) whether the proposed policy conflicts with any other provision of W. Va. Code or with any other rule adopted by the same or a different agency; 4) whether the proposed policy is necessary to fully accomplish the objectives of the statute under which the proposed policy was promulgated; 5) whether the proposed policy is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it; 6) whether the proposed policy could be made less complex or more readily understandable by the general public; 7) whether the proposed policy was promulgated in compliance with the requirements of this article and in compliance with any requirements imposed by any other provision of W. Va. Code; and 8) any other matter relating to the proposed policy with which the LOCEA has concern.

3.3.c. After reviewing the proposed policy, the LOCEA may recommend to the WVBE any changes needed to comply with the legislative intent of the statute upon which the policy is based or otherwise to modify the activity subject to the policy, or may make any other recommendations to the WVBE as it considers appropriate.

3.4. Notification of proposed policies also will be sent to interested parties, inclusive of county board of education offices and media outlets at the time each policy is placed on public comment. Proposed policies and directions for submitting comments shall be maintained on the West Virginia Department of Education (WVDE) website.

3.5. All public comments received on a proposed policy will be reviewed by the WVBE and the WVDE prior to the proposed policy's final consideration. A log of all comments received along with a response to each comment shall be maintained by the WVBE and filed with the Secretary of State upon adoption of the policy.

3.6. Upon final adoption of a policy, the WVBE shall submit, to the LOCEA, the final policy along with any amendments.

3.7. All active policies shall be publicly available and maintained on the WVDE website.

3.8. The WVBE may suspend the comment and review period in the case of an emergency as per W. Va. Code §29A-3B-10.

W. Va. Code R. § 126-3A-4 Severability

4.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR3A

126CSR3A

Series 004 Rules of Procedure for Administrative Hearings and Appeals (Policy 1340)

W. Va. Code R. § 126-4-1 General

1.1. Scope. -- This rule specifies the procedure for hearings and appeals conducted before the State Superintendent of Schools (State Superintendent), the Professional Practice Panel, the Licensure Appeal Panel, the School Bus Operator Review Panel, or a person designated by the State Superintendent to conduct hearings and/or to determine matters subject to the terms and conditions of this rule.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18‑2-5, 18-3-4, 18A-3-2a, 18A-3-6, 18A‑4-8e, and 29A-5-1(a).

1.3. Filing Date. -- May 12, 2022.

1.4. Effective Date. -- June 13, 2022.

1.5. Repeal of Former Rule. -- This procedural rule repeals and replaces W. Va. 126CSR4, Policy 1340, Rules of Procedure for Administrative Hearings and Appeals, filed July 11, 2014, and effective August 11, 2014.

W. Va. Code R. § 126-4-2 Definitions

2.1. Automatic Revocation.

2.1.a. The immediate termination of all rights and privileges of teacher licensure or certification as provided for by W. Va. Code §18A-3-6(b) as a result of a conviction for the crimes of child abuse or sexual abuse under W. Va. Code §61-8D-3 or §61-8D-5, or a comparable statute or statutes in another state; any criminal offense that requires a teacher to register as a sex offender; any criminal offense which has an element of delivery or distribution of a controlled substance; or, a guilty plea or conviction for first or second degree murder under W. Va. Code §61-2-1, or a conviction under any law of the United States or any other state for an offense with the same elements as those offenses described in W. Va. Code §61‑2-1.

2.1.b. The immediate termination of all rights and privileges of school bus operator certification as provided for by W. Va. Code §18A-4-8e(j)(4)(C) as a result of a conviction for the crimes of child abuse or sexual abuse under W. Va. Code §61-8D-3 or §61-8D-5, or a comparable statute or statutes in another state; any criminal offense that requires a school bus operator to register as a sex offender; or, any criminal offense which has an element of delivery or distribution of a controlled substance.

2.2. Conflict Resolution Process for Citizens. Dispute resolution process set forth in W. Va. 126CSR188, Policy 7211, Conflict Resolution Process for Citizens.

2.3. Designee. A person designated by the State Superintendent to conduct hearings and/or to determine matters pursuant to the terms and conditions of this policy.

2.4. Grooming, as used in section 3.1 and section 7.11.e. Befriending and establishing an emotional connection with a student or minor, which may include the family of the student or minor, to lower the student’s or minor’s inhibitions with the objective of committing sexual abuse, child trafficking, child prostitution, the production of child pornography, or any other offense for which a teacher’s license may be revoked under W. Va. Code §18A-3-6(b).

2.5. Intercounty Student Transfer Appeal. The appeal process for denials of student transfer applications set forth in W. Va. 126CSR189, Policy 7212, Intercounty Student Transfer Appeal.

2.6. Licensure Appeal Panel. The seven individuals selected to hear and make recommendations to the State Superintendent, as set forth in W. Va. 126CSR154, Policy 5050, West Virginia Commission for Professional Teaching Standards (Policy 5050), regarding the denial for cause of a teacher’s license pursuant to W. Va. Code §18A-3-6.

2.7. Preponderance of the evidence. Evidence which is of a greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

2.8. Professional Practice Panel. The seven individuals selected to hear and make recommendations to the State Superintendent, as set forth in Policy 5050, regarding the revocation, suspension, imposition of limitations or conditions, admonishment, recall or reinstatement of a teacher’s license pursuant to W. Va. Code §18A-3-6 and W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications.

2.9. Revocation. The termination of all rights and privileges of licensure or certification as imposed by consent agreement or by a written decision issued after a hearing.

2.10. School Bus Operator. Any person certified by the State Superintendent pursuant to policy, rule, or regulation of the West Virginia Board of Education (WVBE) or pursuant to statute.

2.11. School Bus Operator Applicant. Any person on whose behalf a county board of education or other public institution has submitted a request for certification to operate a school bus to the State Superintendent pursuant to policy, rule, or regulation of the WVBE or pursuant to statute.

2.12. School Bus Operator Review Panel. The seven individuals selected to hear and make recommendations to the State Superintendent regarding the revocation, suspension, recall, or denial for cause of a school bus operator certificate pursuant to W. Va. Code §18A-4-8e(j)(4)(D) and W. Va. 126CSR92, Policy 4336, West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of Schools Buses (Policy 4336).

2.13. State Superintendent. The State Superintendent of Schools.

2.14. Suspension. A temporary cessation of all rights and privileges of licensure or certification for a specified period of time or until certain conditions are met which have been imposed by consent agreement or by a written decision issued after a hearing.

2.15. Teacher. Any person certified or otherwise professionally licensed by the State Superintendent pursuant to policy, rule, or regulation of the WVBE or pursuant to statute, including but not limited to administrators, professionals, paraprofessionals, coaches, and holders of service certificates.

2.16. Teacher Applicant. Any person applying for a teacher license issued by the State Superintendent pursuant to policy, rule, or regulation of the WVBE or pursuant to statute.

W. Va. Code R. § 126-4-3 Grounds for Discipline or Recall of a Teaching License or a School Bus Operator Certificate and Grounds for Denial of a License or Certificate for Cause

3.1. Pursuant to W. Va. Code §18A-3-6(a), the State Superintendent may, after ten days’ notice and upon proper evidence, revoke, suspend, impose limitations, and/or admonish the license of a teacher for intemperance; untruthfulness; cruelty; immorality; the conviction of a felony or a guilty plea or a plea of no contest to a felony charge; the conviction, guilty plea, or plea of no contest to any charge involving sexual misconduct with a minor or student; or for using fraudulent, unapproved, or insufficient credit to obtain the certificates. Further, pursuant to W. Va. Code §18A-3-6(c), following a hearing, any teacher found to have committed any act of sexual abuse of a student or minor or to have engaged in inappropriate sexual conduct with a student or minor; committed an act of cruelty to children or an act of child endangerment or solicited, encouraged, engaged in, or consummated an inappropriate relationship with any student, minor, or individual; exploited a student by engaging in any of the aforementioned illegal or inappropriate conduct which then escalated into a relationship with the exploited student within 12 months of that student’s graduation; or engaged in grooming a student or minor; shall have his or her license revoked for a period of time not less than five years.

3.2. Pursuant to W. Va. Code §18-3-6(e), if a teacher’s license or certificate has been granted through an error, oversight, or misinformation, the State Superintendent may recall the certificate and make corrections as will conform to the requirements of the law and the WVBE.

3.3. Pursuant to W. Va. Code §18A-4-8e(j)(4)(B) and section 21.1 of Policy 4336, the State Superintendent may, after ten days’ notice and upon proper evidence, suspend, revoke, or refuse to renew the certification, or impose any condition upon the certification of any school bus operator for intemperance, untruthfulness, cruelty, or immorality; conviction of a felony or a guilty plea or plea of no contest to a felony charge; conviction of or a guilty plea or plea of no contest to any charge involving sexual misconduct with a minor or student; using fraudulent, unapproved, or insufficient credit to obtain the certificate; or just and sufficient cause specified in section 21.1 of Policy 4336.

3.4. Pursuant to W. Va. Code §18A-4-8e(j)(4)(F), if a school bus operator’s certificate has been granted through an error, oversight, or misinformation, the State Superintendent may recall the certificate and make such corrections as will conform to the requirements of law and WVBE rules.

3.5. Pursuant to W. Va. Code §18A-3-1(i), the State Superintendent shall not issue a teaching certificate or license to any person who is not of good moral character and who is not physically, mentally, and emotionally qualified to perform the duties of a teacher.

3.6. Pursuant to section 17.3 of Policy 4336, the State Superintendent may refuse to issue certification to a school bus operator applicant who is not of good moral character and physically, mentally, and emotionally qualified to perform the duties of operator safely and efficiently, including just and sufficient cause set forth in section 15.3 of Policy 4336.

W. Va. Code R. § 126-4-4 Reporting Requirements

4.1. Pursuant to W. Va. Code §18A-3-6(d), any county superintendent, public school principal, or charter public school administrator who knows of any acts on the part of any teacher for which a certificate may be revoked or for which other action may be taken in accordance with W. Va. Code §18A‑3‑6, shall report this, together with all the facts and evidence, to the State Superintendent for such action as in the as in the State Superintendent’s judgment may be proper. In the case of a student teacher, the county superintendent must also send the report to the appropriate teacher preparation institution. Failure to report such information, if willful, may be grounds for revocation of the certificate of the county superintendent.

4.2. Pursuant to W. Va. Code §18A-4-8e(j)(4)(E), it is the duty of any county superintendent who knows of any acts on the part of a school bus operator for which a certificate may be revoked in accordance with W. Va. Code §18A-4-8e to report the same, together with all the facts and evidence, to the State Superintendent for such action as in the State Superintendent’s judgment may be proper.

W. Va. Code R. § 126-4-5 Investigations

5.1. Upon receipt of sufficient information that may give rise to proceedings involving the revocation, suspension, or recall of a teacher’s license or a school bus operator’s certificate, the State Superintendent shall cause to be issued a Notice of Investigation to the teacher or school bus operator. The notice may contain, as appropriate, a summary of the information received; any options for resolution; and, potential outcomes if the information is substantiated.

5.2. A teacher or school bus operator who receives a Notice of Investigation and seeks employment in any public school system during the investigation, must disclose the investigation to prospective employers at the time the teacher or school bus operator makes an application, regardless of whether the application or interview process calls for such disclosure.

W. Va. Code R. § 126-4-6 Denial for Cause Proceedings

6.1. Upon receipt of a notice of recommendation of denial for cause of a teaching application from the West Virginia Department of Education (WVDE) Certification Services or of a school bus operator application from the WVDE School Transportation Services, the applicant may submit a written request for an appeal hearing within 30 days of receipt of the written denial.

6.2. If no such hearing request is timely received, the application may be denied for cause by the State Superintendent. Such denial for cause shall be ordered in writing by the State Superintendent and served upon the applicant by personal service made by a person over 18 years of age or by registered or certified mail, return receipt requested.

6.3. If an appeal hearing request is timely received by a teacher applicant, then the matter will be scheduled for hearing before the Licensure Appeal Panel.

6.4. If an appeal hearing request is timely received by a school bus operator applicant, then the matter will be scheduled for hearing before the School Bus Operator Review Panel.

W. Va. Code R. § 126-4-7 Reinstatement Proceedings

7.1. Except in the case of permanent revocation, a teacher or school bus operator whose license or certificate has been suspended or revoked may apply for reinstatement upon the expiration of the suspension or upon the expiration of the time specified for reapplication after a period of revocation, and once any conditions for reinstatement imposed by the State Superintendent have been satisfied.

7.2. An application for reinstatement shall be considered an application for initial license under W. Va. Code §18A-3-10, and the applicant must therefore be fingerprinted for a criminal background check.

7.3. The WVDE shall conduct an investigation to determine whether the teacher or school bus operator has satisfied any and all requirements for reinstatement and can demonstrate a record of rehabilitation which supports that the teacher or school bus operator presently possesses the integrity, moral character and competence to resume the duties of a teacher or a school bus operator.

7.4. If, during the period of suspension or revocation, the requirements for the teacher’s or school bus operator’s certification have changed, the teacher or school bus operator must satisfy those requirements before reinstatement may be considered.

7.5. If the WVDE determines that all reinstatement requirements, including rehabilitation, have been met, the State Superintendent may reinstate a teacher’s or school bus operator’s certificate without a hearing.

7.6. If the WVDE determines that a question exists as to a teacher’s or a school bus operator’s fulfillment of all requirements, and therefore, a hearing is necessary, it shall submit a written report to the Professional Practice Panel or the School Bus Operator Review Panel, as appropriate.

7.7. After receipt of the WVDE’s written report, the Professional Practice Panel or the School Bus Operator Review Panel shall conduct a hearing and make a recommendation to the State Superintendent as to whether the teacher’s or school bus operator’s certificate should be reinstated and whether any conditions or restrictions should be placed upon the reinstated certificate. In determining whether the teacher or school bus operator has been rehabilitated, the Professional Practice Panel or the School Bus Operator Review Panel shall consider the seriousness of the conduct that formed the basis of the suspension or revocation.

W. Va. Code R. § 126-4-8 General Hearing Procedures

8.1. Quorum.

8.1.a. In any matter in which the Professional Practice Panel, Licensure Appeal Panel, or the School Bus Operator Review Panel convenes to hear and make a recommendation to the State Superintendent, a quorum, or majority, of the Panel members shall be required.

8.2. Open Hearings.

8.2.a. In cases involving the revocation, suspension, recall, denial for cause, or reinstatement of a teacher’s license or a school bus operator’s certificate, all hearings shall be open to the public, unless the teacher, teacher applicant, school bus operator, or school bus operator applicant requests that the hearing be closed.

8.2.b. In all hearings before the State Superintendent, designee, or a Panel, portions of a hearing may be closed to the public when evidence under the Family Education Rights and Privacy Act, 12 U.S.C. § 1232g, is presented.

8.2.c. In all hearings before the State Superintendent, designee, or a Panel, students shall be referred to by their initials, whenever possible.

8.3. Notice.

8.3.a. At least ten days prior to any hearing, the State Superintendent shall cause a written notice of hearing to be served upon a teacher, teacher applicant, school bus operator, school bus operator applicant, or any other person who is a party to the proceeding to which the hearing pertains.

8.3.b. Notice given under this section shall include:

8.3.b.1. a statement of the date, time, place, and nature of the hearing;

8.3.b.2. a statement of the legal authority and jurisdiction under which the hearing is to be held;

8.3.b.3. a reference to the statute, policy, rule, or regulation involved in the proceeding;

8.3.b.4. a short, plain description of any alleged conduct or alleged facts that have given rise to the hearing; and

8.3.b.5. the possible actions that may be taken after the hearing is concluded.

8.3.c. Service of the written notice shall be made upon a party by personal service or by registered or certified mail, return receipt requested.

8.3.d. Upon timely request by a party, a more definite statement of the issues and/or claims involved in the proceeding shall be provided.

8.3.e. After a hearing has begun, the State Superintendent, designee, or the Chair of the appropriate Panel, may adjourn the hearing from one day to another, or to another place, by announcing the date, time and place for reconvening the hearing.

8.3.f. In cases involving the revocation, suspension, recall, denial for cause, or reinstatement of a teacher’s license or a school bus operator’s certificate, if a party fails to appear and defend after proper notice, the State Superintendent, designee, or the appropriate Panel may deem the allegations and/or claims admitted and confessed by default.

8.4. Continuances.

8.4.a. Upon receipt of a notice of hearing, any party to the proceeding may request a continuance of the hearing.

8.4.b. The State Superintendent, designee, or the Chair of the appropriate Panel, may grant a continuance of the hearing for good cause shown.

8.4.c. A continuance may be ordered by the State Superintendent, designee, or the Chair of the appropriate Panel.

8.5. Subpoenas and Subpoenas Duces Tecum.

8.5.a. In cases involving the revocation, suspension, recall, denial for cause, or reinstatement of a teacher’s license or a school bus operator’s certificate, the State Superintendent may issue subpoenas to compel testimony or subpoenas duces tecum to compel the production of documents, books, records, papers, and other items.

8.5.b. Any party to a teacher licensure or school bus operator certification proceeding may request the issuance of subpoenas or subpoenas duces tecum to compel testimony or production of documents at a hearing. Such a request shall be in writing to the State Superintendent and shall contain the names and addresses of the witnesses and/or a description of the documents sought.

8.5.c. Any party who requests the issuance of subpoenas or subpoenas duces tecum for a hearing shall be responsible for proper service and payment of fees for the attendance and travel of witnesses in accordance with the requirements of the West Virginia Administrative Procedures Act, W. Va. Code §29A‑5-1(b). The written request for the issuance of subpoenas or subpoenas duces tecum shall contain a statement acknowledging that the requesting party agrees to pay such fees.

8.5.d. Every subpoena or subpoena duces tecum shall be served at least five days before the date of the hearing either by personal service made by a person over 18 years of age or by registered or certified mail. If served by registered or certified mail, a return acknowledgement or receipt signed by the person to whom the subpoena or subpoena duces tecum is directed shall be required to prove service.

8.5.e. In the case of disobedience or neglect of any subpoena or subpoena duces tecum served on any person, or the refusal of any witness to testify to any matter regarding which the witness may be lawfully interrogated, the State Superintendent may make application in the circuit court of the county in which the hearing is being held to compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena or subpoena duces tecum issued from a circuit court or a refusal to testify therein.

8.6. Evidence.

8.6.a. The formal rules of evidence as applied in civil cases shall be relaxed.

8.6.b. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

8.6.c. Hearsay evidence may be admitted if it is of a type that is commonly relied upon by reasonably prudent people.

8.6.d. The rules of privilege recognized by West Virginia law shall apply.

8.6.e. Revocation, suspension, or other action against a teacher’s license or a school bus operator’s certificate in another jurisdiction or refusal by another jurisdiction to issue a teacher’s license or a school bus operator certificate shall be prima facie evidence of grounds for revocation, suspension, denial for cause, or other action against the license or certificate in West Virginia.

8.6.f. The State Superintendent, designee, or any Panel authorized to conduct hearings and make recommendations to the State Superintendent shall have the authority to:

8.6.f.1. receive evidence;

8.6.f.2. determine the weight and credibility of any evidence and/or testimony;

8.6.f.3. determine the admissibility of evidence;

8.6.f.4. examine witnesses;

8.6.f.5. set reasonable times within which a party may present evidence and within which a witness may testify;

8.6.f.6. permit and limit oral argument;

8.6.f.7. require written arguments to be filed by the parties on a fixed date;

8.6.f.8. take administrative notice of any fact which may be judicially noticed by a court or any fact within the specialized expertise or knowledge of the State Superintendent, and allow any party a fair opportunity to refute a fact so noticed;

8.6.f.9. regulate the course of the hearing;

8.6.f.10. determine procedural matters;

8.6.f.11. take or cause depositions to be taken whenever fundamental fairness or other circumstances warrant; and

8.6.f.12. perform other duties or take other action necessary to a fair and proper hearing.

8.7. Oaths or Affirmations.

8.7.a. Each witness who provides testimony at a hearing shall be administered an oath or affirmation by the State Superintendent, a court reporter, or any other person authorized to administer oaths or affirmations.

8.8. Burden of Proof.

8.8.a. In cases involving the revocation, suspension, recall, or denial for cause of a teacher’s license or a school bus operator’s certificate, the State Superintendent has the burden of proof to show by a preponderance of the evidence that the claims set forth in the notice of hearing are true.

8.8.b In cases involving the reinstatement of a teacher’s license or a school bus operator’s certificate that has been suspended or revoked, the teacher or school bus operator applying for reinstatement has the burden of proof to show by a preponderance of the evidence that reinstatement is warranted.

8.8.c. In cases involving the discipline of a teacher’s license in which it is alleged that the teacher has engaged in conduct involving intemperance, cruelty, or immorality; or, using fraudulent, unapproved, or insufficient credit to obtain licensure, the State Superintendent must demonstrate a rational nexus between the conduct of the teacher and the teacher’s job performance.

8.8.d. In cases involving the discipline of a school bus operator’s certificate in which it is alleged that the school bus operator has engaged in conduct involving intemperance, untruthfulness, cruelty, or immorality; using fraudulent, unapproved, or insufficient credit to obtain certification; or, conduct constituting just and sufficient cause for discipline as specified by WVBE rule or policy, the State Superintendent must demonstrate a rational nexus between the conduct of the school bus operator and the school bus operator’s job performance.

8.9. Recording and Transcripts.

8.9.a. All hearings shall be recorded by electronic means or by a court reporter.

8.9.b. A transcript of the hearing may be produced, if necessary.

8.9.c. Where there is an available recording or transcript of proceedings before a county board of education, or before any court of record or other official or body concerning issues which form or support the basis for a hearing, any party may seek to have such recording or transcript considered as evidence in lieu of producing the witness or witnesses whose testimony is contained in the recording or transcript. Any party seeking to introduce such a recording or transcript shall provide copies of the same to all other parties and the person or Panel presiding over the hearing.

8.10. Representation.

8.10.a. Parties may represent themselves; may be represented by a lay representative; or, by an attorney licensed to practice law in the State of West Virginia.

8.10.b. Attorneys who are not licensed to practice law in the State of West Virginia, and who seek to represent a party in a proceeding subject to the terms and conditions of this policy, must comply with Rule 8.0, Admission Pro Hac Vice, of the West Virginia Rules for Admission to the Practice of Law promulgated by the West Virginia Supreme Court of Appeals, before representing any party.

8.11. Decisions.

8.11.a. At the conclusion of the hearing, if post-hearing written arguments are not to be submitted, the State Superintendent, designee, or a Panel may adjourn into closed session to deliberate upon a decision.

8.11.b. Upon completion of deliberations, the State Superintendent, designee, or a Panel may exit the closed session and orally announce a decision to the parties.

8.11.c. Whether or not a decision is orally announced to the parties, all decisions shall be reduced to writing and shall contain findings of fact, conclusions of law, and an appropriate resolution. If a hearing is conducted by a Panel or a designee, a written recommended decision containing proposed findings of fact, conclusion of law, and a recommended resolution shall be issued to the State Superintendent.

8.11.d. The following are the possible actions that may be recommended by a designee or Panel, or taken by the State Superintendent, after a hearing with regard to discipline of a teacher’s license or a school bus operator’s certificate:

8.11.d.1. revocation with the condition that the teacher or school bus operator may apply for reinstatement after the expiration of five years from the effective date of the revocation and with or without specified conditions that must be met for reinstatement;

8.11.d.2. permanent revocation with the condition that the teacher or school bus operator may not apply for reinstatement;

8.11.d.3. suspension for a fixed period of time with or without specified conditions that must be met upon application for reinstatement after the period of suspension;

8.11.d.4. recall, if a license or certificate was granted through error, oversight, or misinformation;

8.11.d.5. admonishment;

8.11.d.6. limitations or conditions upon a license or certificate; or

8.11.d.7. no action.

8.11.e. Notwithstanding the possible actions that may be recommended or taken as set forth in section 8.11.d, in cases where a teacher is found to have committed any act of sexual abuse of a student or minor or to have engaged in inappropriate sexual conduct with a student or minor; committed an act of cruelty to children or an act of child endangerment or solicited, encouraged, engaged in, or consummated an inappropriate relationship with any student, minor, or individual; exploited a student within 12 months of that student’s graduation; or engaged in grooming a student or minor, the teacher’s license shall be revoked for a period of not less than five years as required by W. Va. Code §18A‑3-6(c).

8.11.f. The following are the possible actions that may be recommended by a designee or Panel, or taken by the State Superintendent, after a hearing with regard to the denial for cause of an application for a teacher’s license of school bus operator’s certificate:

8.11.f.1. granting the application with or without specified conditions;

8.11.f.2. denying the application with the condition that the denial is permanent and the applicant may not re-apply at a later date;

8.11.f.3. denying the application with the condition that the applicant may reapply after a specified period of time and with or without specified conditions that must be met upon reapplication.

8.11.g. Upon receipt of a recommended decision, the State Superintendent shall review the same, along with the record, and issue a final order:

8.11.g.1. adopting or modifying the recommended decision, in whole or in part;

8.11.g.2. declining to adopt the recommended decision, in whole or in part;

8.11.g.3. remanding the proceeding to the Panel or designee with instructions for further proceedings; or

8.11.g.4. remanding the proceeding to the Panel or designee with instructions for further consideration without reopening the hearing.

8.11.h. If the State Superintendent modifies or declines to adopt a recommended decision of a Panel or designee, either in whole or in part, the State Superintendent shall issue a reasoned, articulate explanation and a recitation of the underlying evidence or other matters upon which the State Superintendent bases the decision and the particularized findings of fact and conclusions of law that support the decision.

8.11.i. Within 30 days following the State Superintendent’s receipt of a recommended decision of a Panel or designee, the State Superintendent shall issue a final order which shall be served upon the parties by personal service or by registered or certified mail, return receipt requested.

8.11.j. If a hearing is conducted by the State Superintendent, the State Superintendent shall issue a written decision containing findings of fact and conclusions of law within 30 days following the conclusion of the hearing. The written decision shall be served upon the parties by personal service by a person 18 years of age or by registered or certified mail, return receipt requested.

8.11.k. The State Superintendent has discretion to extend the 30 day period referred to in sections 8.11.i and 8.11.j by giving written notice to the parties.

8.12. Waiver of Rules.

8.12.a. A party to a proceeding subject to the terms and conditions of this policy may voluntarily waive any of the provisions of this policy relating to notice and the presentation of evidence.

W. Va. Code R. § 126-4-9 Appeal of State Superintendent’s Decision

9.1. Any party, other than the WVDE, adversely affected by a final decision entered by the State Superintendent may appeal the same within 30 days of receipt of the decision.

9.1.a. Final decisions entered by the State Superintendent before June 30, 2022, may be appealed to the Circuit Court of Kanawha County or the circuit court of the county in which the party resides or does business.

9.1.b. Final decisions entered by the State Superintendent after June 30, 2022, may be appealed to the West Virginia Intermediate Court of Appeals.

9.2. Upon the WVDE's receipt of a notice of an appeal, a transcript of the proceedings held in accordance with the provisions of this policy shall be made and forwarded to all named parties at the expense of the Department.

W. Va. Code R. § 126-4-10 Informal Disposition of Cases

10.1. The State Superintendent may accept the voluntary surrender of a teacher’s license or school bus operator’s certificate in resolution of any pending allegations against the teacher or school bus operator. If a voluntary surrender is accepted, the State Superintendent shall enter an appropriate order of revocation.

10.2. The State Superintendent may enter into consent agreements requiring specific training in order for a teacher to maintain a certificate.

W. Va. Code R. § 126-4-11 Automatic Revocation

11.1. Pursuant to W. Va. Code §18A-3-6(b) and W. Va. Code §18A-4-8e(j)(4)(C), the State Superintendent may, without notice and hearing, automatically revoke a teacher’s license or school bus operator’s certificate based upon the grounds specified in such code sections.

11.2. The State Superintendent shall enter an appropriate order upon automatically revoking a license or certificate and serve such order upon the teacher or school bus operator by personal service or registered or certified mail, return receipt requested.

W. Va. Code R. § 126-4-12 Reporting of Decisions

12.1. Pursuant to W. Va. Code §18A-3-6(f), the State Superintendent shall maintain a public database of individuals who have had adverse action taken against their teaching certificate issued by the State Superintendent. The database shall be located on the WVDE’s website. Individuals whose certificates have been suspended or revoked by the State Superintendent are not eligible to be employed by a county board of education or charter public school unless the certificate is subsequently reinstated by the State Superintendent.

12.2. All disciplinary actions taken against a teacher’s license and/or certificate shall be reported by the State Superintendent to the National Association of State Directors of Teacher Education and Certification (NASDTEC) Clearinghouse.

W. Va. Code R. § 126-4-13 Severability

13.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 007 Regulations for Adult Diversion and Transition Programs (Policy 1471)

W. Va. Code R. § 126-7-1 General

1.1. Scope. -- This legislative rule describes the rules and regulations for schools operated by the West Virginia Schools of Diversion and Transition (WVSDT) in providing educational programs and services for incarcerated juveniles ages 18-21 and adults in facilities operated by the West Virginia Division of Corrections and Rehabilitation (WVDCR). W. Va. Code §18-2-13f requires the West Virginia Board of Education to provide an adequate and appropriate education for school-aged institutionalized juveniles in the state’s correctional facilities, and W. Va. Code §18-20-5 requires that educational services be provided to adults in correctional institutions to the extent funds are provided by the Legislature.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2-13f et seq., and 18‑20‑5.

1.3. Filing Date. -- April 15, 2021.

1.4. Effective Date. -- July 1, 2021.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR7, Policy 1471, Education in the State’s Correctional Institutions: Mission and Goals, filed December 11, 2014, and effective January 12, 2015.

W. Va. Code R. § 126-7-2 Definitions

2.1. Adult Correctional Centers and Regional Jails. Facilities operated by the WVDCR.

2.2. Adult Education. Education provided to inmates in adult correctional centers. These classes include high school equivalency preparation and career preparation, basic academic skills, life skills, emotional intelligence training, and soft skills classes.

2.3. School-aged Student. Incarcerated students between 18-21 years of age who have not received a high school diploma.

2.4. Adult Learner. Incarcerated students age 18 and older who are not eligible to work toward or earn a high school diploma.

2.5. Career and Technical Education (CTE). Schools, institutions, and educational programs that specialize in the highly skilled trades, applied sciences, modern technologies, and career preparation for high demand jobs.

2.6. High School Equivalency (HSE). An alternative diploma earned by passage of the WVBE-approved high school equivalency examination.

2.7. West Virginia Division of Corrections and Rehabilitation (WVDCR). Host agency that owns and operates the physical grounds on which each WVSDT school is located.

2.8. West Virginia Schools of Diversion and Transition (WVSDT). Organization under the supervision of the WVBE and WVDE. WVSDT is responsible for the education of individuals in juvenile correctional centers, juvenile detention centers, residential treatment facilities, adult correctional centers and regional jails, and truancy diversion classrooms.

W. Va. Code R. § 126-7-3 Purpose

3.1. The mission of the WVDE in correctional facilities operated by the WVDCR is to provide educational programs designed to meet the diverse needs of incarcerated school-aged students and adults. WVSDT educational programs are subject to WVBE rules and applicable state and federal laws and regulations.

3.2. WVSDT provides a comprehensive education for incarcerated school-aged students in adult correctional centers and regional jails.

3.3. WVSDT provides adult education and CTE in adult correctional centers and regional jails provided that the funds are legislatively allocated.

3.3.a. Day-to-day operations shall be defined and described in the WVSDT Employee Handbook and WVSDT Operational Procedures.

W. Va. Code R. § 126-7-4 Educational Programming and Operations

4.1. The goals for development of correctional education programs include:

4.1.a. Opportunities. Incarcerated adults will have adequate and appropriate educational opportunities to the extent funds are provided by the Legislature. When a school-aged student is placed in an adult correctional center, the student shall be afforded the educational opportunities regarding graduation and special education as are afforded students in high school. The WVSDT shall:

4.1.a.1. provide a comprehensive assessment of each student’s academic and CTE needs and aptitudes;

4.1.a.2. ­develop individualized program plans for incarcerated students in accordance with their unique needs, abilities, plan of treatment, length of incarceration, and realistic career goals;

4.1.a.3. provide equal educational programs and services for male and female offenders;

4.1.a.4. provide modified educational opportunities for incarcerated individuals who are in segregated/special custody settings; and

4.1.a.5. develop programs which meet applicable WVBE policies and accreditation requirements (e.g., personnel qualifications, instructional time, textbooks).

4.1.b. Academic Performance. The WVSDT will provide educational programs designed to permit incarcerated students the opportunity to acquire knowledge and skills needed to succeed in a competitive, changing society and obtain gainful employment post-incarceration. The WVSDT shall:

4.1.b.1. provide academic instruction to incarcerated school-aged and adult students to facilitate reentry into an adult education program or lead to attainment of a HSE certificate;

4.1.b.2. provide special education and related services for incarcerated school‑aged students and adult exceptional students in accordance with applicable state and federal requirements;

4.1.b.3. provide social/functional living skills training to assist school-aged and adult students in making a successful transition into society;

4.1.b.4. provide remedial instruction to help incarcerated students overcome educational deficiencies;

4.1.b.5. provide instruction that will enable school-aged and adult students to obtain a HSE certificate or raise their functional literacy level to the highest level attainable;

4.1.b.6. provide instructional technology and alternative instructional strategies to address the unique learning needs of incarcerated school-aged and adult students;

4.1.b.7. provide career development and transitional services which facilitate the successful entry into the workplace, post-secondary programs, or other appropriate community or rehabilitative placements;

4.1.b.7.A. services shall include training in life skills, emotional intelligence, and soft skills;

4.1.b.8. provide curriculum and instruction based upon the WVBE’s content standards and objectives, and appropriate to the characteristics and needs of incarcerated school-aged and adult students; and

4.1.b.9. provide regular evaluation of student progress to document/certify the attainment of grades, credits, competencies, and certificates as applicable.

4.1.c. Community Involvement. Educational programs in state correctional institutions will enlist community support to enrich the quality of services for students and to assist them in making a successful transition into society. The WVSDT shall:

4.1.c.1. heighten community awareness of educational programs in correctional institutions; and

4.1.c.2. involve members of the community in the educational process.

4.1.d. Facilities. Education facilities in correctional institutions will be safe and adequate to meet the needs of students in an efficient and economic manner. The WVSDT shall:

4.1.d.1. assist the WVDCR in meeting its obligations under the Interagency Agreement via developing a partnership for improving school facilities for incarcerated school-aged and adult students by accessing available state and federal funding for construction and renovation.

4.1.e. Economic Development. CTE programs for the offender population will provide opportunities for incarcerated individuals to make positive contributions to society and the state’s economic development. The WVSDT shall:

4.1.e.1. provide career exploration/pre-vocational programs that introduce incarcerated school-aged and adult students to employment areas, the world of work and the work ethic;

4.1.e.2. provide CTE programs to incarcerated school-aged and adult students that lead to the acquisition of entry level job skills and attitudes; and

4.1.e.3. focus CTE and adult education programs on employability skills, technology literacy, and academic performance in basic skills.

4.1.f. Cooperation. The WVDE will maintain and foster a cooperative relationship with the WVDCR to facilitate the achievement of educational, treatment, and transitional (aftercare) goals for incarcerated school-aged and adult students.

W. Va. Code R. § 126-7-5 Implementation Procedures

5.1. The State Superintendent of Schools or designee is empowered to develop written implementation procedures to accomplish the WVBE’s mission and goals for education in the state’s correctional institutions. Sources of authority for implementation procedures shall include applicable WVBE policies, state statutes, federal laws and regulations, and directives from the State Superintendent of Schools and designated staff. Procedures which may impact the operation of the correctional institution or treatment program shall be developed in a collaborative manner with WVDCR’s personnel and are subject to the provisions of the interagency agreement between the WVDE and the WVDCR.

W. Va. Code R. § 126-7-6 Severability

6.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 008 Drug-Free Workplace (Policy 1461)

W. Va. Code R. § 126-8-1 General

1.1. Scope. -- This legislative rule applies to all employees of the West Virginia Board of Education (WVBE), West Virginia Department of Education (WVDE), county boards of education, and charter public schools in the State of West Virginia.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §16A-15-5(2), §18-2-5, and the Drug‑Free Workplace Act of 1988 (41 U.S.C. 81).

1.3. Filing Date. -- August 11, 2022.

1.4. Effective Date. -- September 12, 2022.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR8, Policy 1461, Drug‑Free Workplace, filed April 15, 2021, and effective May 17, 2021.

W. Va. Code R. § 126-8-2 Purpose

2.1. To provide for a drug-free workplace for all persons in the WVBE, WVDE, and public schools of West Virginia that are safe, healthful, productive, and secure.

2.2. To provide a template for county boards of education and charter public schools to use in developing local drug-free workplace policies.

W. Va. Code R. § 126-8-3 Definitions

3.1. Alcohol. Alcoholic beverages and any other intoxicating liquid which contains alcohol.

3.2. Contractor. Department, division, unit, or any person responsible for the performance of work under a contract.

3.3. Controlled Substance. Federally regulated substance listed in the Control Substances Act, (21 U.S.C. 812) and W. Va. Code §60A-2-201, et seq., which, when taken into the body, may impair one's mental faculties and/or physical performance.

3.4. Conviction. Finding of guilty, including a plea of nolo contendre, or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

3.5. Criminal Drug Statute. Criminal statute involving the manufacture, distribution, dispensation, use, or possession of any controlled substance.

3.6. Drug-Free Workplace. Worksite where work is performed in connection with the employee's employment. The workplace shall include facilities, property, buildings, offices, structures, automobiles, trucks, trailers, other vehicles, and parking areas, whether owned or leased by the agency or entity.

3.7. Employee. Person who works full-time, part-time, or under contract, including management or temporary staff.

3.8. Federal Agency. Agency as defined in 18 U.S.C. 6.

3.9. Grantee. Department, division, unit, or any person responsible for the performance of work under the provisions of a grant.

3.10. Illegal Drug. Drug which is not legally obtainable or a drug that and is being used in a manner or for a purpose other than as prescribed.

3.11. Legal Drug. Prescribed drugs and over-the-counter drugs which have been legally obtained and are being used solely for the purpose for which they were manufactured and as prescribed by a physician.

3.12. Medical Cannabis. Cannabis for certified medical use as set forth in the Medical Cannabis Act, W. Va. Code §§16A-1-1, et seq.

W. Va. Code R. § 126-8-4 Content

4.1. This policy ensures that workplaces are free of illegal drugs and controlled substances by prohibiting the unlawful manufacture, distribution, dispensation, possession, or use without medical authorization, of illegal or controlled substances and/or alcohol; the reporting to work under the influence of a non-medically prescribed controlled substance or alcohol; or possession of non-medically prescribed paraphernalia.

4.2. This policy is applicable while employees are engaged in any work-related activity which includes performance of agency business during regularly scheduled workdays, meal breaks, and/or occasions having an official connection with the job or the agency.

4.3. Possession and/or distribution of a controlled substance will be dealt with promptly in accordance with legal requirements and administrative disciplinary procedures.

4.3.a. Employees who are in violation of the provisions of the Drug-Free Workplace Act shall be subject to disciplinary action up to and including termination and/or may be required to satisfactorily participate in a drug rehabilitation or assistance program. Resources shall be provided in accordance with West Virginia Public Employees Insurance Agency guidelines.

4.3.b. The WVDE will take appropriate personnel action in accordance with the disciplinary procedure outlined in the WVDE Employee Handbook.

4.3.c. State or county agencies that are contractors or grantees are subject to suspension of payments and termination of the contract or grant for violations of any of the requirements of a drug-free workplace, if they make a false initial certification, or if the number of drug-related convictions of employees indicates that the employer has not made a good faith effort to maintain a drug-free workplace.

4.4. As a condition of employment with the WVDE, employees shall:

4.4.a. comply with the terms of this policy;

4.4.b. notify their supervisor of any criminal drug or alcohol violation occurring in the workplace or conviction outside of the workplace, no later than five days after such violation or conviction occurs; and

4.4.c. sign the Drug-Free Workplace Verification Statement.

4.5. Resources shall be made available to employees by the WVDE Office of Human Resources, according to the guidelines of the West Virginia Public Employees Insurance Agency.

4.6. Consistent with W. Va. Code §16A-15-4, an employee shall not be subject to discipline based solely upon the following:

4.6.a. the employee has been issued a medical cannabis identification card by the West Virginia Department of Health and Human Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W. Va. Code §§16A-1-1, et seq.; and/or

4.6.b. the employee has been issued a physician certification to use medical cannabis as part of the treatment of a serious medical condition as that term is defined by W. Va. Code §16A-2-1(a)(31); and/or

4.6.c. the employee has been issued a caregiver’s identification card issued by the West Virginia Department of Health and Human Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W. Va. Code §§16A-1-1, et seq.

4.7. Employees are prohibited from using, possessing, being under the influence of, and/or storing medical cannabis in the workplace.

4.7.a. This policy is not intended to prohibit the lawful use of medical cannabis by employees outside of the workplace, provided that when the employee returns to or is otherwise in the workplace, the employee is not under the influence of medical cannabis. An employee may be considered under the influence of medical cannabis when the employee manifests specific symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s position. Such symptoms may include, but are not limited to, impairment of speech, physical dexterity, agility, coordination, demeanor, and/or behavior.

4.8. Employees whose positions are subject to United States Department of Transportation drug testing requirements, such as school bus operators, are prohibited from using medical cannabis at any time inasmuch as applicable federal regulations do not authorize medical cannabis permitted under state law to be a valid medical explanation for an employee’s positive drug test result.

4.9. Because cannabis and/or marijuana is a controlled substance under federal law, any employee who carries, possesses, or transports a firearm or ammunition as authorized and while performing the duties of the employee’s position is prohibited from using medical cannabis at any time pursuant to federal gun law requirements.

W. Va. Code R. § 126-8-5 County Board of Education and Charter Public School Responsibility

5.1. County boards of education and charter public schools shall develop a policy containing the standards consistent with this policy and shall require every employee to sign a copy of a Drug-Free Workplace Verification Statement which states that the employee is aware of the policy and shall comply with the terms of the policy.

W. Va. Code R. § 126-8-6 Severability

6.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

West Virginia Department of Education DRUG-FREE WORKPLACE VERIFICATION STATEMENT NAME: __________________________________ EMPLOYEE IDENTIFICATION NUMBER: ___________________ ADDRESS: _______________________________ TELEPHONE NUMBER: ______________________ ________________________________ Date Employed by West Virginia Department of Education: _______________________ I, _________________________, certify that I have received a copy of West Virginia Board of Education Policy 1461, Drug‑Free Workplace.

As an employee of the West Virginia Department of Education, I agree to comply with Policy 1461 which states that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance and/or alcohol is prohibited in the workplace. Additionally, I shall not report for work while under the influence of alcohol and/or an illegal drug.

The workplace shall be defined as a worksite where work is performed in connection with the employee's West Virginia Department of Education employment. The workplace shall include but not be limited to facilities, property, buildings, offices, structures, automobiles, trucks, trailers, other vehicles, and parking areas, whether owned or leased by the agency or entity.

The policy is applicable while employees are engaged in any work-related activity which includes performance of agency business during regularly scheduled workdays, meal breaks, and/or occasions having an official connection with the job or the agency.

In addition, I understand that, as a condition of employment, I shall notify my supervisor of any criminal drug or alcohol violation occurring in the workplace or conviction outside of the workplace, no later than five days after such violation or conviction occurs. __________________________________ Employee Signature __________________________________ Date

Series 010 Freedom Of Informtion Requests (1230)

W. Va. Code R. § 126-10-1 General

1.1. Scope. B This legislative rule establishes a procedure for obtaining public records from the West Virginia Board of Education and/or the Department of Education under the Freedom of Information Act (W. Va. Code '29B-1-1 et seq).

1.2. Authority. B W. Va. Constitution, Article XII, '2; W. Va. Code ''18-2-5 and 29B-1-3(5).

1.3. Filing Date. -- June 12, 2000.

1.4. Effective Date. -- July 12, 2000.

1.5. Amendments -- None; this is a new policy.

W. Va. Code R. § 126-10-2 Purpose

2.1. The West Virginia Freedom of Information Act (W. Va. Code '29-1-1) provides that persons have a right to inspect or copy any public record of the State Board or Department of Education. W. Va. Code '29B-1-2 provides that a Apublic record includes any writing containing information related to the conduct of the public=s business, prepared, owned and retained by a public body.@ W. Va. Code '29B-1-3(5) provides that the State Board and/or Department A...may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of such records.@

W. Va. Code R. § 126-10-3 Availability of Public Record

3.1. Persons requesting to inspect or copy (a) public record(s) of the State Board or Department of Education under the Freedom of Information Act must do so in writing addressed to the state superintendent of schools. The request must state with reasonable specificity the information sought.

3.2. Neither the State Board nor the Department of Education are required to provide information pursuant to a FOIA request that is specifically exempted from disclosure under W. Va. Code '29B-1-4.

3.3. The state superintendent or designee will notify the person making a FOIA request of either: (a) the date, time and place where the requested information may be inspected; (b) the date, time and place where the requested information may be picked up if the requestor has asked that the state superintendent provide copies of the information requested; or (c) the denial of the request (in writing) with the reasons for the denial.

3.4. The state superintendent will provide reasonable facilities during regular business hours for making memoranda or abstracts from the public records. The state superintendent, if necessary to prevent undue interference with the regular discharge of the duties of the State Board and Department of Education, may, provided they neither violate the spirit and intent of the Freedom of Information Act nor prevent the requestor from obtaining the information requested, impose restrictions on employee time and agency resources that are reasonably necessary in order to allow the State Board and Department of Education to function normally.

W. Va. Code R. § 126-10-4 Fees

4.1. Persons seeking (a) public record(s) under the Freedom of Information Act (W. Va. Code '29B-1-1 et seq) and who request that the information contained in the public record(s) be reproduced in copy form, will be required to reimburse the Department of Education 40 cents per page payable prior to release of the requested copies.

126CSR10

Series 011 Educational Goals For WV (2100)

W. Va. Code R. § 126-011 Educational Goals For WV (2100)

TITLE 126

WEST VIRGINIA BOARD OF EDUCATION

SERIES 11

This rule was Repealed and Replaced by 126CSR42, Effective July 1, 1997.

126CSR11

Series 012 West Virginia Accountability System (Policy 2322)

W. Va. Code R. § 126-12-1 General

1.1. Scope. -- This rule provides an accountability system for all West Virginia public schools, including charter public schools, and counties that presents a coherent and aligned set of expectations necessary to transform schools and counties into outcome-focused, innovative, and accountable learning organizations that prepare all students for college and career. Additionally, this rule requires training of county board of education members (CBEM) and the development and operation of Local School Improvement Councils (LSICs) in West Virginia public schools.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2E-5, 18-2-14, 18‑5-1(c), 18-5-14(a), 18-5A-1-3a, 18-5A-2(i), 18-5A-3(c), 18-5A-3(d), and 18-5G, et seq.

1.3. Filing Date. -- June 12, 2024.

1.4. Effective Date. -- July 15, 2024.

1.5. Repeal of Former Rule. -- This rule amends W. Va. 126CSR12, Policy 2322, West Virginia System of Support and Accountability (Policy 2322), filed January 13, 2022, and effective February 14, 2022.

W. Va. Code R. § 126-12-2 Purpose

2.1. W. Va. Code §18-2E-5 provides requirements for a system of accountability for continuous improvement of all public schools and counties that shall build capacity and ensure the efficiency of schools and counties to meet rigorous outcomes that assure student performance and progress toward obtaining the knowledge and skills intrinsic to a high-quality education.

2.2. W. Va. Code §18-5A-2 provides the expectations for the school and county to ensure that parent, family, business, and community involvement is included in the school and county strategic improvement process.

2.3. This policy outlines the indicators of performance by which each county and school, including charter public schools, will be measured and establishes methods for the collection and annual reporting of data through the statewide school accountability system to inform parents/guardians, educators, stakeholders, and the public.

2.4. This policy promotes local responsibility and requires superintendents and county boards of education to monitor and be held accountable for continuous growth.

2.5. This policy sets forth the training requirements for county board of education members (CBEM).

2.6. These requirements assist in building capacity to ensure the efficiency of schools, counties, and local boards of education to meet rigorous outcomes that assure student performance and progress toward obtaining the knowledge and skills intrinsic to a high-quality education.

2.7. This policy serves as a framework for continuous school improvement that counties and all public schools can use as a guide for self-assessment, decision making, professional learning, and strategic planning in collaboration with the LSICs.

2.8. This policy facilitates and encourages the involvement of the school community in the operation of schools for improving educational quality and outlines processes to support local initiatives to improve student performance.

2.9. The LSIC shall help develop and promote the school’s and county’s vision for excellence by being catalysts for innovation and encouraging parent, family, business, and community involvement in the school and county strategic improvement process.

2.10. The West Virginia Department of Education (WVDE) is responsible for:

2.10.a. creating and distributing the electronic template, as approved by the West Virginia Board of Education (WVBE) through which the school and school system strategic plans are recorded;

2.10.b. establishing timelines and expectations for the submission of the school and school system strategic plans;

2.10.c. monitoring strategic plan submissions to ensure the plans include the core components outlined in WVBE policy and W. Va. Code;

2.10.d. providing leadership and technical assistance on effective continuous improvement and strategic planning processes;

2.10.f. providing input and feedback on the contents of strategic plans for those counties not achieving Full Approval status, or for any other county in which WVDE input is warranted;

2.10.g. ensuring that training in the role and governance of LSICs is provided to principals, county boards, and others the WVBE deems appropriate, upon employment and every three years thereafter; and

2.10.h. ensuring a document is produced and published explaining to parents and community leaders their role in LSICs.

W. Va. Code R. § 126-12-3 West Virginia Standards for Effective Schools

3.1. West Virginia Standards for Effective Schools describe the seven common standards expected of schools to ensure high-quality education in engaging learning environments. The research-based standards represent a coherent and aligned framework for continuous improvement which schools can use as a guide for self‑assessment, decision making, professional development, and strategic planning.

3.1.a. Clear and Focused Mission. The school’s purpose and approach to support learning for all. Key concepts are: 1) a culture of ownership for student success; 2) shared beliefs and values; and 3) commitment to a shared vision.

3.1.b. Instructional Leadership. Ensuring the effectiveness of instruction leads to student achievement. Key concepts are: 1) principal ensures implementation of high-yield instructional strategies; 2) staff lead and assume responsibility for overall academic success; and 3) students are engaged in age‑appropriate leadership opportunities.

3.1.c. High Expectations for Success. Purposefully providing a climate in which all students can learn and succeed. Key concepts are: 1) staff believe in and demonstrate their ability to successfully teach all students; 2) staff believe all students can and will obtain mastery; and 3) responses and adjustments occur to assure mastery when some students do not learn, or have already mastered the concept.

3.1.d. Positive and Safe Environment. Orderly, purposeful, and accommodating of all students’ needs. Key concepts are: 1) collaboration and cooperation are pervasive among staff and students; 2) appropriate behavior is expected and supported; and 3) student diversity is embraced and respected.

3.1.e. Equitable Opportunities to Learn and Effective Instruction. Sufficient time for meaningful learning is provided to all students. Key concepts are: 1) instructional time is utilized efficiently and effectively; 2) instructional activities are rigorous and aligned to student interest and state standards; and 3) feedback is timely, ongoing, and supports individual student growth.

3.1.f. Frequent Monitoring of Student Progress. A variety of data is used as the basis for adjusting the instructional approach. Key concepts are: 1) formative assessments are utilized to measure student performance; 2) student performance is used to guide instructional decisions; and 3) teachers monitor student progress toward established instructional goals.

3.1.g. Family and Community Partnerships. Purposeful relationships exist between families, community, and the school. Key concepts are: 1) the school community fosters shared responsibility for student success; 2) community understands and supports the school’s mission; and 3) partnerships exist between school and community to support academic, social-emotional, and physical needs.

W. Va. Code R. § 126-12-4 West Virginia Accountability System (WVAS)

4.1. WVAS Indicators.

4.1.a. The WVAS is a comprehensive system of measurements that defines school-specific expectations for continuous improvement using academic achievement, academic progress, cohort graduation rates, progress toward English language proficiency (ELP), and student success (attendance, behavior, and college/career credit earning) indicators to guide and focus improvement and technical assistance. The WVAS, as outlined below, meets all of the accountability requirements of Public Law 89‑10, Elementary and Secondary Education Act (ESEA) of 1965, as amended by Public Law 114-95, Every Student Succeeds Act (ESSA) of 2015.

4.1.a.1. Academic Achievement. The academic achievement component of the WVAS is based on summative assessment scores for all students in grades 3-8 and grade 11. Using student scores, performance points are assigned in a progressive manner corresponding to the four achievement levels reported on the West Virginia General Summative Assessment (WVGSA) and West Virginia Alternate Summative Assessment (WVASA) in English language arts (ELA) and mathematics as defined in W. Va. 126CSR14, Policy 2340, West Virginia Measures of Academic Progress.

4.1.a.2. Academic Progress Indicator. The Academic Progress Indicator for all public elementary and middle schools is based on a comparison of results on the WVGSA for student cohorts from one year to the next. The Does Not Meet Standard, Partially Meets Standard, and Meets Standard WVGSA performance levels will be subdivided into three increments. Progress is determined as the percentage of students who improve by one or more performance level increments between years, and the percentage of students demonstrating the highest level of performance (i.e., Exceeds Standard) in the previous year who remain at that level.

4.1.a.3. Graduation Rates. For high schools, the graduation rate component of the WVAS is the four-year cohort graduation rate and the five-year cohort graduation rate identified as two separate indicators.

4.1.a.4. Progress on ELP. The progress on ELP indicator is based on results of the ELP Assessment (ELPA21) for English learner (EL) students in grades K-12. The indicator examines the progress of EL students in reaching an annual target across each of the four ELPA21 domains of listening, reading, speaking, and writing.

4.1.a.5. Student Success. The student success indicators focus on attendance, behavior, and college- and career-readiness within programmatic levels.

4.1.a.5.A. Elementary and middle school student success indicators include:

4.1.a.5.A.1. Attendance. The attendance indicator measures the percentage of students attending 90 percent of the enrolled instructional days; and

4.1.a.5.A.2. Behavior. The behavior indicator measures the percentage of students who received zero out-of-school suspensions during the school year (excluding suspensions for Level 3 and Level 4 violations of W. Va. 126CSR99, Policy 4373, Expected Behaviors in Safe and Supportive Schools).

4.1.a.5.B. High school student success indicators include:

4.1.a.5.B.1. Attendance. The attendance indicator measures the percentage of students attending 90 percent of the enrolled instructional days;

4.1.a.5.B.2. On-track to Graduation. The on-track to graduation indicator measures the percentage of grade 10 students on-track to complete requirements for high school graduation by earning at least 12 credits cumulatively across their respective grade 9 and grade 10 years and earning at least two credits in each of the four primary content areas of ELA, mathematics, science, and social studies within their grade 9 and grade 10 years; and

4.1.a.5.B.3. Post-secondary Achievement. The Post-secondary Achievement indicator measures the percentage of grade 12 students successfully completing one or more college‑readiness benchmarks via the Advanced Placement (AP) or International Baccalaureate (IB) program exams; earning one or more college-credits by completing dual credit coursework; or completing the four required courses in a state-approved Career Technical Education (CTE) program of study as defined in W. Va. 126CSR44M, Policy 2520.13, West Virginia College- and Career-Readiness Programs of Study/Standards for Career Technical Education.

4.2. Inclusion Requirements. To ensure that the WVAS makes a fair, reliable, and valid assessment of all public schools, various system requirements determine which students are used in calculations for school accountability.

4.2.a. Full Academic Year. Students who are enrolled in a school for at least 135 days are considered to be present for a full academic year (FAY). Only FAY students are included in accountability calculations for academic achievement, academic progress, progress toward ELP, and student success indicators. FAY does not apply to the four- and five-year graduation measures as they are determined by using the verified cohort for schools meeting minimum cell size.

4.2.b. Minimum Cell Size. In the WVAS, if there are at least 20 FAY students in a particular subgroup enrolled in the school, their results are accountable.

4.3. School Programmatic Levels. Elementary, middle, or high school classification is determined by the highest grade level of accountability in a school, regardless of grade configuration.

4.4. Participation Rate. Participation rates ensure that all students are well represented when making school performance determinations. Each school will be required to meet a 95 percent participation rate for all FAY students and for each subgroup of students on the academic achievement, academic progress, and ELP accountability indicators. To reinforce this participation rate requirement, WVAS calculations for these indicators will utilize a denominator that represents 95 percent of enrolled FAY students, or the number of enrolled FAY students assessed, whichever is greater.

4.5. School Performance Levels. Through the WVAS, all public schools earn performance level designations for each individual indicator measure identified in section 5.1. The WVBE shall establish cut scores for the school performance level designations for each indicator and shall review and revise as necessary. School performance level designations will be presented in a balanced scorecard representing performance on each individual indicator. The performance levels are:

4.5.a. Exceeds Standards. Schools with distinctive student performance on a specific WVAS indicator measure.

4.5.b. Meets Standards. Schools with acceptable student performance on a specific WVAS indicator measure.

4.5.c. Partially Meets Standards. Schools with student performance approaching the acceptable standard on a specific WVAS indicator measure.

4.5.d. Does Not Meet Standards. Schools with unacceptable student performance on a specific WVAS indicator measure.

W. Va. Code R. § 126-12-5 Support and Accountability for Counties

5.1. To ensure that each county provides a thorough and efficient education for its students, the WVBE shall annually review information submitted for each county from WVDE Office of Accountability. County status shall be reviewed and determined based on multiple measures of student performance and county operational efficiency.

5.1.a. School accreditation shall be reviewed annually and determined in a balanced manner that gives fair credit to multiple measures affecting students and subgroups of students in the school. The accountability of all public schools shall be measured by the academic achievement, academic progress, and success indicators reported annually on the West Virginia Balanced Scorecard with each indicator designated by a performance level.

5.2. County Support and Accountability for Student Performance. The WVDE reports county performance annually based on an aggregate of each indicator identified in the WVAS. To improve school quality, provide technical assistance, and build capacity, counties shall be identified for varying levels of support.

CHART 1

Stages for County Support and Accountability Identification Phase Definition County Responsibilities WVDE Responsibilities Stage One: On Watch Identification One or more indicators do not meet standard.

Diagnose and build structures to facilitate countywide improvement for identified deficiencies.

Review the county strategic plan to ensure it addresses deficiencies.

Monitor progress toward goals.

Provide technical assistance at the request of county leadership.

Stage Two: Support Identification Any indicator that does not meet standards and does not show improvement for two consecutive years.

Adjust the district strategic plan to target deficiencies and lack of improvement in stage one.

Monitor progress.

Monitor progress Provide technical assistance as determined necessary by WVDE or at the request of county leadership.

Stage Three: Intensive Support Identification Any indicator that does not meet standard and does not show improvement for three consecutive years.

Adjust the strategic plan based on lack of improvement in stage two.

Monitor progress.

Report progress to WVDE Office of Accountability quarterly.

Provide technical assistance Monitor progress Make annual recommendations to the WVBE, including possible non-approval status based on lack of progress.

5.3. County Operational Effectiveness: Indicators of Efficiency. The indicators of efficiency are developed for use by the appropriate divisions within the WVDE to ensure efficient management and use of resources in counties and schools. A county’s operational effectiveness shall be reported annually to the WVBE based on 11 indicators of efficiency. The county’s performance under any given indicator, designated as meeting requirements or needing assistance, is the result of an evaluation of records, reports, and other documents regarding the quality of education and compliance with statutes, policies, and state-approved standards under each efficiency indicator. Indicators of efficiency are listed in Chart 2.

CHART 2

County Operational Effectiveness: Indicators of Efficiency Efficiency Standard Summary Career Technical Education The county implements programs of study within a Simulated Workplace environment on the approved curriculum list that provide access to a wide range of high-quality post-secondary.

Child Nutrition The county establishes, implements, and monitors policies and regulations that define requirements and criteria for a healthy school nutrition program. environment.

Facilities The county operates and maintains schools efficiently and economically, and the number and location of schools serve the student population adequately.

Federal Programs The county designs, implements, and monitors supplemental programs designed to improve student achievement that are consistent with federal laws and regulations.

Finance The county complies with various financial requirements to ensure that all funds are spent appropriately for allowable and fiscally responsible purposes.

Personnel The county ensures that its employees are credentialed with the appropriate certification/licensure so that students are provided with high-quality and highly effective educators and support personnel.

Special Education The county ensures that all eligible students with exceptionalities are provided with a free appropriate public education (FAPE) in accordance with state and federal regulations.

State Required Data Collections The county verifies that all required data are entered into WVEIS in a timely and efficient manner and certified or verified in accordance with expectations established by the WVDE.

Transportation The county evaluates the efficiency and effectiveness of the transportation services consistent with state laws and policies.

Universal Pre-K: School Readiness The county provides high quality universal pre-k to all four-year-olds and eligible three-year-olds that is consistent with state laws and policies.

CBEM

Effectiveness Each county board assesses its own performance annually, and no later than July 30, using a statutorily-required performance appraisal instrument, approved by the WVBE. The appraisal shall focus on collaboration with various constituency groups and the general public, strategies necessary to monitor and improve student achievement on a continuing basis, and effective utilization of policy to govern. At the conclusion of the appraisal, the CBEM shall make available to the public, no later than August 15, a summary of the evaluation, including areas in which the CBEM conclude improvement is warranted. CBEM shall fulfill the statutory training requirements as monitored and maintained by the WVBE County Board Member Training Standards Review Committee (TSRC) and the West Virginia School Board Association (WVSBA).

5.4. County Operational Effectiveness: Support and Accountability. Counties shall comply with state and federal requirements under each efficiency indicator. For counties identified as needing assistance and support, requirements are listed in Chart 3.

CHART 3

County Support and Accountability for Operational Effectiveness Corrective Action Identification. Any efficiency indicator identified as Needs Assistance in the annual county profile.

County leadership, with assistance from WVDE, develops an action plan.

County and WVDE monitor progress.

After plan implementation, WVDE makes recommendations to the WVBE based on the progress made by the county. These recommendations may include nonapproval status based on a lack of acceptable progress.

5.5. Extraordinary Circumstances: State of Emergency (W. Va. Code §18-2E-5). The WVBE may declare a State of Emergency in a county when extraordinary circumstances exist, but do not rise to the level of immediate intervention by the WVDE at the direction of the WVBE. (See Chart 4.)

CHART 4

County Support and Accountability for State of Emergency Extraordinary Circumstances include, but are not limited to:

Corrective Action misappropriation of funds or misuse of public funds; falsification of reports or failure to submit required reports; violation of W. Va. Code or WVBE policies that impact the provision of an appropriate educational program; unhealthy or unsafe conditions for students or employees; school(s’) failure to provide high quality and equal educational opportunities for students, as demonstrated by persistently low academic performance; deficiencies in leadership, such as demonstrating defiance of law or policy and/or willful neglect of duty; or evidence of CBEM governance and county superintendent operational relations which may divert CBEM or county superintendent efforts to focus on accountability for student achievement or which divert the CBEM from achieving its goals as identified in its Strategic Improvement Plan or such other considerations as the WVBE may determine; or failure of CBEM to fulfill the statutory training require- ments and any training prescribed by the WVBE or WVDE as described in section 6 of this policy.

The WVDE provides recommendations to the WVBE within 60 days to correct deficiencies.

The WVBE shall review and approve, as appropriate, the corrective action plan for the county.

Once approved, the county shall have six months to implement recommendations to correct circumstances.

A county’s lack of progress during the six-month period can lead to one or more of the following interventions by the WVBE: limit the authority of the CBEM, declare the office of the county superintendent is vacant, declare the positions of personnel who serve at the will and pleasure of the county superintendent vacant, fill the declared vacancies during the period of intervention, and take any direct action necessary to correct the extraordinary circumstance.

A county superintendent may remove the principal of a low performing school who exhibits deficiencies in leadership.

County Approval Status.

The WVBE may issue nonapproval status to a county until acceptable progress is demonstrated.

5.6. Extraordinary Circumstances: Immediate Intervention (W. Va. Code §18-2E-5). The WVBE may intervene immediately in the operation of a county when the determination is made that decisive action is required to improve conditions. (See Chart 5.)

CHART 5

County Support and Accountability for Immediate Intervention Conditions may include, but are not limited to:

Corrective Action a county fails to act on a statutory obligation which would interrupt the day-to- day operations of the county; the conditions precedent to intervention exist and delaying the intervention would not be in the best interest of the students; and/or the conditions precedent to intervention exist and the WVBE had previously intervened in the county and completed the intervention within the preceding five years.

WVBE shall determine the required corrective action of the county in accordance with W. Va. Code §18‑2E-5. Interventions may include, but are not limited to: limit the authority of CBEM, declare the office of the county superintendent vacant, declare the positions of personnel who serve at the will and pleasure of the county superintendent vacant, fill the declared vacancies during the period of intervention, and take any direct action necessary to correct the extraordinary circumstance.

County Approval Status.

The WVBE shall issue nonapproval status until acceptable progress is demonstrated.

Leadership Capacity.

1. When a county does not have the capacity to correct deficiencies, the WVBE shall: work with the county to develop and obtain the necessary resources in consultation with the Legislature and the Governor; or recommend to the appropriate body, including but not limited to, the Legislature, CBEM, schools, and community, methods for targeting resources to eliminate deficiencies.

2. To build the governance and leadership capacity of CBEM during an intervention in the operation of its county: the CBEM shall establish goals and an action plan, provided the authority of the local board has not been limited as a result of the intervention. Any such plan shall include: an analysis of the training and professional learning activities needed by the CBEM and county leadership; support identified training activities; and active involvement by the CBEM and county superintendent in the improvement process. the State Superintendent of Schools (State Superintendent) shall maintain oversight of the county on the development and implementation of the plan.

Period of Intervention.

Once per year.

The WVDE shall assess the readiness of the CBEM to accept return of control and sustain improvements.

The WVDE shall report any recommendations to the WVBE supported by evidence of the progress made on goals and action plans.

The WVBE may return any or every portion of control of the operations to the county.

At the end of five years.

WVBE shall determine if the CBEM is ready to accept return of control and sustain improvements. If not, the WVBE: shall hold a public hearing in the affected county, may continue intervention only after public hearing, and may require an additional revision of goals and action plan.

Beyond five years.

The WVBE must hold a public hearing after each annual assessment beyond the fifth year.

Termination of Intervention. Following termination, support from the WVDE and WVBE shall continue as needed for up to three years.

5.7. Special Circumstance Reviews. The WVDE shall conduct special circumstance reviews of counties and schools at the direction of the State Superintendent who will inform the WVBE of the circumstances that exist to warrant such reviews. The WVDE shall complete on-site reviews and manage processes according to the unique circumstances of each special review. Any discussion by the WVBE of counties and schools to be subject to a special circumstance review or date for which such reviews shall be conducted may be held in executive session and are not subject to the provision of W. Va. Code §6‑9A‑10 relating to open governmental meetings.

5.8. A county superintendent or local board of education, via board action at a public meeting, may request in writing to the State Superintendent and the WVBE that a special circumstance review be conducted. The request must include the specific circumstance that warrants such a review.

5.9. Process for Special Circumstance Reviews. A special on-site review is conducted by WVDE of a county or school for the purpose of making recommendations to the county and school, as appropriate, and to the WVBE on such measures as it considers necessary.

5.9.a. The on-site review may include, but is not limited to, the following:

5.9.a.1. verifying data reported by the county or school;

5.9.a.2. examining compliance with the laws and policies affecting student, school, and county performance and progress;

5.9.a.3. investigating official complaints submitted to the WVBE that allege serious impairments in the quality of education in counties or schools;

5.9.a.4. investigating official complaints submitted to the WVBE that allege a county or school is in violation of policies or laws; or

5.9.a.5. examining county intervention, support, and capacity building at the county and school when such local actions have failed to cause acceptable increases in student performance as measured by the WVAS.

5.9.b. Notification of On-site Review.

5.9.b.1. WVDE notifies the county superintendent of schools five days prior to commencing a special review of the county and notifies both the county superintendent and the principal five school days prior to the review of an individual school.

5.9.b.2. The WVBE may direct the WVDE to conduct an unannounced on-site review of a school or county if the WVBE believes circumstances warrant an unannounced on-site review.

5.9.c. Exit Conference. At the conclusion of a special on-site review of a county or a school, the WVDE will hold an exit conference. The purpose of an exit conference is to review the initial findings of the special circumstance review, clarify and correct any inaccuracies, and promote better understanding of the findings.

5.9.c.1. County Review. WVDE shall hold an exit conference with the superintendent and CBEM president or designee.

5.9.c.2. School Review. WVDE shall hold an exit review with the county superintendent, CBEM president or designee, principal, and other school and county personnel as directed by the superintendent.

5.9.d. Reporting. The WVDE shall report any findings and recommendations to the WVBE within 45 days of the on-site review. Final reports shall be provided to the county superintendent and CBEM president following report acceptance by the WVBE. A copy of the final report shall be provided to the principal when a school was part of the special circumstance review.

W. Va. Code R. § 126-12-6 County Board of Education Member (CBEM) Responsibilities and Processes

6.1. Beginning January 1, 2020, local board agendas and minutes shall be made public on the county webpage. Beginning September 1, 2024, video and/or audio of local board meetings shall be live‑streamed and recorded and posted to the county board’s webpage within five business days of the meeting. Directions for accessing the live stream will be made available to the public via the county webpage and local board agendas. Additionally, a minimum of once per month, in collaboration with county superintendents, county agendas shall include discussion addressing one or more of the following: school performance, student outcomes, or academics with local school board goals and actions to improve student achievement and well-being. If any county indicator is identified as Support or Intensive Support under the WVAS, the county leadership team shall present plans and progress for correcting deficits in the West Virginia Balanced Scorecard Indicators of Academic Achievement and Student Success, and County Operational Effectiveness Indicators of Efficiency.

6.1.a. At a minimum, CBEM shall annually assess their performance using statutorily-required CBEM performance appraisal, approved by the WVBE. This appraisal shall focus on collaborating with various constituency groups and the general public, implementing the strategies necessary to monitor and improve student achievement on a continuing basis, and effective policy governance. At the conclusion of the evaluation, the CBEM shall make available to the public a summary of the evaluation, including areas in which the CBEM concludes improvement is warranted. The summary of the evaluation shall be posted on the county’s web page and remain posted until the following year’s evaluation is completed.

6.1.a.1. The statutorily-required CBEM performance appraisal shall include review of school and county performance, student outcomes, county and school level leadership, and attainment of CBEM goals. Prior to developing CBEM goals, the CBEM shall review the county strategic plan and ensure CBEM goals support and amplify the county strategic plan goals to improve student achievement and assure student well-being. The appraisal shall serve as a preeminent prompt for specific CBEM training as deemed necessary by the WVBE. Specific training shall be designed to establish greater CBEM capacity and ensure CBEM accountability to advance student achievement. The WVBE’s decision shall be based on a number of criteria including, but not limited to, recommendations of the West Virginia School Board Association (WVSBA), findings from the WVAS, and/or specific reports the WVBE may receive as prepared by WVDE staff.

6.1.a.2. The WVBE, in consultation with the TSRC, may determine the CBEM shall receive concentrated training to develop the CBEM’s corporate capacity to address issues identified through review of the West Virginia Balanced Scorecard and County Operation Effectiveness Indicators of Efficiency. Additionally, the WVBE may address CBEM identified needs for specific services or resources which the CBEM lacks. Directed efforts will align CBEM goals with WVBE goals and actions, including development of effective CBEM/county superintendent leadership which promotes expected norms or roles for the CBEM and county superintendent.

6.1.a.3. If the WVBE requires a CBEM to receive concentrated training, such training shall be provided by the WVSBA in consultation with agencies or entities the WVSBA may determine. The WVBE shall be apprised of progress made in terms of the training or in terms of establishing the CBEM’s capacity to address issues identified which prompted the WVBE to require the CBEM to receive additional training.

6.1.b. CBEM shall meet at least annually with the LSIC of each school deemed to be low performing under the WVAS, in accordance with W. Va. Code §18-5-14. At any such meeting, the principal and the LSIC chair shall be prepared to address the dialogue at its meeting or meetings to give all stakeholders an opportunity to make specific suggestions to address issues which are seen to affect the school’s academic performance and any other matters that may be requested by the county board as specified in the meeting agenda provided to the council.

6.2. CBEM shall report details of their meetings with LSICs to the WVBE at the conclusion of the school year, but no later than the first day of September each year as per W. Va. Code §18‑5‑14(D)(2).

6.3. CBEM shall adopt and implement a policy that provides for parent, family, business, and community involvement in the schools.

6.3.a. Each county policy shall promote the involvement of parents, families, community, and business members in children’s education.

6.3.b. Each county policy shall meet the criteria for compliance with federal programs.

6.3.c. Each county policy shall be developed by a committee consisting of, but not limited to, classroom teachers, parents/family members of school-age children, community members, business members, principals, and other school personnel. The committee shall be representative of a variety of schools and shall include representation from early, middle, and adolescent levels.

6.3.d. Each county shall provide training for teachers, parents, and administrators, in cooperation with the WVBE/WVDE, to realize the objectives set forth in the county policy.

6.4. CBEM shall receive training in areas relating to boardsmanship, governance effectiveness, fiscal management, and school performance issues including, but not limited to, pertinent state and federal statutes as outlined in W. Va. Code §18-5-1a. Training shall be provided between the date of the election and the beginning of the member’s term of office. As requested by the State Superintendent, WVBE may require any CBEM to attend additional training they deem beneficial in assisting the CBEM in successfully fulfilling their duties. Failure to attend and complete the orientation training, annual training, or training required by the WVBE without good cause constitutes neglect of duty under W. Va. Code §6-6-7.

6.4.a. The following establish good cause that may prevent a member from attending and completing WVBE approved training to meet requirements of W. Va. Code §18-5-1a:

6.4.a.1. an incapacitating physical or mental condition of the member; or

6.4.a.2. a death in the immediate family of the member; or

6.4.a.2.A. For purposes of the policy, the phrase immediate family means the member's spouse, children, parents, or any other relative who resides in the member's household and is a dependent of the member.

6.4.a.3. an accident or illness in the immediate family of the member which requires the member's presence; or

6.4.a.4. any other cause which is beyond the control of the member.

W. Va. Code R. § 126-12-7 County Board of Education Staff (CBES) Responsibilities and Processes

7.1. CBES shall develop and implement an Electronic County Strategic Improvement Plan, referred to as the County Strategic Plan, which contains improvement procedures and activities to strengthen the county education program in order to increase student achievement and positively impact other student outcomes. The County Strategic Plan addresses the following areas: 1) core beliefs and mission, 2) improvement goals, 3) a plan that includes performance measures, strategies, action steps and professional learning, 4) a system for monitoring and supporting the implementation and effectiveness of activities, 5) an evaluation process, and 6) West Virginia Support for Improving Professional Practice (WVSIPP). The County Strategic Plan shall be for a period of no more than five years and shall include the mission and goals of the school or the county to improve student, school, or county performance and progress.

7.1.a. The County Strategic Plan shall be prepared through a collaborative process by the County Leadership Team; be facilitated by the superintendent or appointed designees; and be based on a comprehensive needs assessment, which includes relevant county-wide data. The plan shall incorporate information from School Strategic Plans and various stakeholders.

7.1.b. The County Strategic Plan shall be completed by July 1 of each year as part of annual revision, for the upcoming academic year, shall be monitored and adjusted throughout the academic year as needed, and shall be revised annually as indicated by changes in student performance data and other information such as monitoring reports, accreditation results, or changes in school conditions.

7.1.c. County Leadership Team. Each county shall have a County Leadership Team which is responsible for supporting the continuous improvement of all schools and for identifying targeted support and assistance to the schools falling below acceptable performance. The County Leadership Team members are appointed by the county superintendent, comprised of school and county staff who have the expertise to examine county-wide practices, analyze student performance data, and determine effective improvement strategies. The team may include such individuals as distinguished teachers, distinguished principals, special education professionals, Title I professionals, WVDE professional staff, curriculum and instruction professionals, technology integration specialists, and/or data analysis professionals. The County Leadership Team shall have the following responsibilities:

7.1.c.1. utilize county-wide student performance data to determine trends and priorities for improvement. This data may include local, state, and national summative and formative achievement data including attendance data, early warning indicators, graduation rates, discipline trends, and College- and Career-Readiness Progress measures;

7.1.c.1.A. To gauge student involvement in their school community, counties and all public schools are encouraged to collect data related to student participation in extra- and co-curricular activities, community service, capstone experiences, internships, and other opportunities.

7.1.c.2. make recommendations for county-wide improvement priorities and school-specific support, including assistance for schools falling below acceptable standards of performance as identified in needs assessment and strategic planning at the school level; and assurance that all school leaders’ annual evaluation goals are directly aligned to the strategic plan goals and weaknesses of schools’ West Virginia Balanced Scorecards and the WVAS. The superintendent or designee shall meet with each principal at least every 60 days to review data and monitor progress toward the established goals;

7.1.c.3. collaborate with parents, community stakeholders, school staff, CBES, and School Leadership Teams, in the formulation of the strategic plan, plan implementation, and continuous plan monitoring to address county-wide identified improvement needs and student learning needs;

7.1.c.4. utilize the West Virginia Standards for Effective Schools as a guide for self-assessment, decision-making, professional development, and strategic planning through conducting root cause analysis and needs assessment;

7.1.c.5. review agency monitoring reports relevant to improvement priorities such as diagnostic review reports, audits, Title I monitoring results, special education monitoring results, technology integration issues, and any other reports the County Leadership Team finds helpful to inform deliberation and decision-making; and

7.1.c.6. make additional recommendations concerning assistance needed by the county or individual schools.

W. Va. Code R. § 126-12-8 School Responsibilities and Processes

8.1. Every school shall develop and implement an Electronic School Strategic Improvement Plan, called the School Strategic Plan (W. Va. Code §18-2E-5). The School Strategic Plan outlines strategies and processes the school shall implement to improve student performance and address student needs. The School Strategic Plan adheres to the following criteria:

8.1.a. is developed through a collaborative process by a school leadership team, facilitated by the principal, a comprehensive needs assessment, which includes relevant school-wide data shall be created. The school leadership team includes members who have the expertise to examine school-wide and classroom practices, analyze student performance data, and determine effective improvement strategies. The school leadership team incorporates information from various stakeholders and other school committees, including the LSIC, and teams; and

8.1.b. includes a comprehensive needs assessment identifying: 1) core beliefs and mission; 2) data analysis of student performance indicators, etcetera; 3) improvement goals; 4) a work plan that includes performance measures, strategies, action steps and professional learning; and 5) a system for monitoring and supporting the implementation and effectiveness of activities, which includes generating educator professional evaluation goals that are directly aligned to the strategic plan goals and with strengths and weaknesses on the school’s West Virginia Balanced Scorecard.

8.1.b.1. The principal shall meet with existing teams on an ongoing basis to review school‑wide data and monitor progress toward the established goals. A school evaluation process completed prior to the closing of the preceding academic year should be monitored and adjusted throughout the school year as needed and be revised annually as indicated by changes in student performance and school quality data.

8.2. School Improvement Processes. The school leadership team shall utilize the following processes to develop the school’s strategic plan:

8.2.a. analyze student performance and school quality data to determine trends and priorities. This data may include local, state, and national summative and formative achievement data including attendance data, student grades, early warning indicators, graduation rates, discipline trends, and College- and Career-Readiness Progress measures;

8.2.b. utilize the West Virginia Standards for Effective Schools as a guide for self-assessment, decision-making, professional development, and strategic planning;

8.2.c. review monitoring reports relevant to school improvement priorities such as diagnostic review, audits, Title I monitoring results, special education monitoring results, and any other reports the School Leadership Team finds helpful to inform deliberation and decision-making;

8.2.d. collaborate with parents, LSIC, community stakeholders, school staff, county staff and the County Leadership Team;

8.2.e. make additional recommendations to the County Leadership Team concerning additional assistance needed for the school; and

8.2.f. request and receive technical assistance from the county based on the measures set forth in this policy.

W. Va. Code R. § 126-12-9 Faculty Senate Responsibilities and Processes

9.1. The faculty senate shall utilize the following processes to support continuous improvement:

9.1.a. provide input and approve the school strategic plan.

9.1.b. build school-wide input, involvement, and commitment to the school’s improvement priorities.

9.1.c. communicate the school leadership teams’ priorities, receive input, and build collective faculty support.

9.1.d. focus on school improvement with a standing agenda item to discuss progress, concerns, and adjustments to the school plan.

9.2. The faculty senate president serves as an official member of the school leadership team.

9.3. Each faculty senate shall elect three faculty representatives to the LSIC.

9.4. Each faculty senate may nominate a member for election to the county staff development council.

9.5. Faculty senate may meet for an unlimited block of time during noninstructional days to discuss and plan strategies to improve student instruction and overall school effectiveness.

9.6. A faculty senate meeting scheduled on a noninstructional day shall be considered as part of the purpose for which the noninstructional day is scheduled. This noninstructional time may be used and determined at the local school level and includes, but is not limited to, faculty senate meetings.

W. Va. Code R. § 126-12-10 LSIC Responsibilities and Processes

10.1. LSICs are designed to represent the voice of the community’s education stakeholders.

10.2. W. Va. Code §18-5A-2 defines the voting members of LSICs as follows:

10.2.a. the principal, who serves as an ex officio member and is entitled to vote;

10.2.b. three teachers elected by the faculty senate of the school;

10.2.c. two service persons elected by the service personnel employed at the school, one of whom may be a bus operator who transports students enrolled at the school;

10.2.d. three parents, guardians, or custodians of students enrolled at the school elected by the parents, guardians, or custodians of students enrolled at the school in such a manner as may be determined by the principal. Under no circumstances may a parent member of a school’s council be employed at that school in any capacity;

10.2.e. three at-large members appointed by the principal, at least one of whom resides in the school’s attendance area and at least one of whom represents business or industry, neither of whom is eligible for membership under any of the elected classes of members;

10.2.f. in the case of Career Technical Education (CTE) schools, comprehensive middle schools, and comprehensive high schools, the CTE director or principal, as applicable, shall appoint up to four additional members from any one or more of the following categories: employer, employer-sponsored training program, apprenticeship program, and/or post-secondary education; and

10.2.g. in the case of a school with students in grade seven or higher, the student body president or other student in grade seven or higher elected by the student body in those grades.

10.3. Parent(s), guardian(s) or custodian(s), teachers, and service personnel elected to the council shall serve a two-year term and elections shall be arranged in such a manner that no more than two teachers, no more than two parent(s), guardians(s), or custodian(s) and no more than one service person are elected each school year. All other members shall serve one-year terms.

10.4. Council members may be replaced upon death, resignation, failure to appear at three consecutive meetings of the council for which notice was given, or a change in personal circumstances so that the person is no longer representative of the class of members from which appointed. In the case of a vacancy in an elected position, the chair of the council shall appoint another qualified person to serve the unexpired term of the person being replaced, or, in the case of an appointed member of the council, the principal shall appoint a replacement as soon as practicable.

10.5. Nothing prohibits expanding the membership of LSICs to include non-voting members or to request other stakeholders to participate in meetings of the LSIC. Although assistant principals may attend LSIC meetings, they may not serve as a voting member or chair of the LSIC.

10.6. School principals have specific responsibilities regarding the organization and operation of the LSIC.

10.6.a. The school principal shall arrange for the election of members to the LSIC to be held prior to September 15 of each school year and shall give notice of the elections at least one week prior to the elections being held. To the extent practicable, all elections to select council members shall be held within the same week.

10.6.b. As soon as practicable after the election of council members, and no later than October 1 of each school year, the principal shall convene an organizational meeting of the LSIC, as per W. Va. Code §18-5A-2. The principal shall notify each member by written or electronic means at least five business days in advance of the organizational meeting. At this the first meeting, the LSIC elects from its membership a chair and two members to assist the chair in setting the agenda for each LSIC meeting. The chair shall serve a term of one year. If the chair’s position becomes vacant for any reason, the principal shall call a meeting of the council to elect another qualified person to serve the unexpired term. Once elected, the chair is responsible for notifying each member of the LSIC in writing five business days in advance of any council meeting. The principal of the school shall not serve as the LSIC chair.

10.6.b.1. At the organizational meeting, the principal shall provide each member with:

10.6.b.1.A. a copy of the current applicable sections of W. Va. Code §18-5A-2.

10.6.b.1.B. any WVBE rule or regulation promulgated pursuant to the operation of these councils; and

10.6.b.1.C. any information as may be developed by the WVDE on the operation and powers of LSICs and their important role in improving student and school performance and progress.

10.7. General Operational Procedures of the LSIC.

10.7.a. The LSIC shall meet at least once every nine weeks or equivalent grading period at the call of the chair or by petition of three-fourths of its members. The county superintendent shall monitor principals to ensure all LSIC meetings occur as outlined in this policy.

10.7.b. The LSIC annually shall conduct at least one meeting to engage parents, students, employees, business partners, and other interested parties in a positive and interactive dialogue regarding the school’s academic performance and standing as determined by measures adopted by the WVBE. The dialogue shall include an opportunity for attendees to make specific suggestions on how to address issues which are seen to affect the school’s academic performance which may include, but are not limited to: parent and community involvement, the learning environment, student engagement, attendance, behaviors, supports for at-risk students, curricular offerings, resources, and the capacity for school improvement. The council shall announce any such meeting ten business days in advance. The LSIC shall ensure that a report of concerns, suggestions, and points raised during this meeting is produced and made available on the school’s website and forwarded to CBEM and the WVDE. The county board shall also post this report on its website.

10.7.c. All meetings of the LSIC must be open and announced to the public in compliance with the provisions of the Open Governmental Proceedings Act (W. Va. Code §6-9A-2(6)).

10.7.d. The LSIC shall ensure that minutes are taken at every meeting and made available to the public on the school’s website and upon written request made to the school’s principal or council chair.

10.7.e. Each LSIC may adopt a set of bylaws or meeting procedures that are consistent with state and local policy and W. Va. Code. The WVDE provides resources and technical assistance for conducting effective LSIC meetings.

10.7.f. Each LSIC is vested with specific statutory and policy responsibilities and authorities that convey an expectation for high ethical behavior.

10.8. LSIC proposals of alternatives to the operation of the school.

10.8.a. Innovative initiatives that meet a school’s needs and circumstances may be proposed by the school, working through the LSIC.

10.8.b. A school-level initiative may propose alternatives to the operation of the school that will enable the school to better meet or exceed the West Virginia Standards for Effective Schools, increase administrative efficiency, enhance the delivery of instructional programs, promote student engagement in the learning process, promote business partnerships, promote parent and community involvement at the school, or improve the educational performance of the school generally.

10.8.c. In order to promote innovations and improvements in the environment for teaching and learning at the school, a LSIC shall receive cooperation from the school in implementing policies and programs it may adopt to:

10.8.c.1. encourage the involvement of parents, guardians, or custodians in their child’s educational process and in the school;

10.8.c.2. encourage businesses to provide time for their employees who are parents, guardians, or custodians to meet with teachers concerning their child’s education;

10.8.c.3. encourage advice and suggestions from the business community;

10.8.c.4. encourage school volunteer programs and mentorship programs;

10.8.c.5. foster utilization of the school facilities and grounds for public community activities;

10.8.c.6. encourage students to adopt safe and healthy lifestyles; and

10.8.c.7. communicate to students the common skills and attributes sought by employers in prospective employees.

10.8.d. In any and all matters which may fall within the scope of both the school improvement councils and the school curriculum teams authored in W. Va. Code §18-5A-5, the school curriculum teams have jurisdiction.

10.9. LSIC Processes for requesting waivers of rules, policies, interpretations, and statutes to implement alternatives.

10.9.a. A LSIC may submit to its CBEM proposed alternatives to the operation of the public school. If the CBEM approves the proposal, it may provide funding to support implementation of the proposal, if necessary.

10.9.b. An alternative proposed by a LSIC shall set forth:

10.9.b.1. the objective(s) to be accomplished under the proposal;

10.9.b.2. how the accomplishment of such objective(s) shall meet or exceed the standards established by the WVBE;

10.9.b.3. the indicators upon which the meeting of such standards should be judged;

10.9.b.4. a projection of any funds to be saved by the proposal and how such funds shall be reallocated within the school, or any costs associated with the proposal and proposed funding sources; and

10.9.b.5. any policies or rules promulgated by the WVBE or CBEM, any State Superintendent interpretations, and any state statutes for which a waiver shall be required for the proposed alternative to be implemented.

10.9.c. For an alternative to be proposed, at least two-thirds of the members of the LSIC must vote in favor of the proposal. If the alternative to be proposed includes the request for a waiver of policies or rules promulgated by the WVBE or CBEM, State Superintendent interpretations, or state statutes affecting employees, then prior to the proposal of the alternative, a majority of the affected employee group must agree.

10.9.d. A LSIC shall submit its proposed alternative to the CBEM. The CBEM shall acknowledge receipt of the proposal and promptly review the proposed alternative. The CBEM may request additional information and clarifications from the LSIC regarding the proposed alternative. The CBEM shall approve or disapprove the proposal and return it to the council with a statement of the reasons for the action taken, subject to the following:

10.9.d.1. if an alternative proposed by the LSIC requires the waiver of any policies or rules promulgated by the CBEM, approval of the proposal by the CBEM constitutes a grant of the waiver;

10.9.d.2. if an alternative proposed by the LSIC requires the waiver of any policies or rules promulgated by the WVBE and the CBEM approves the proposal except that a waiver by the WVBE is required, the CBEM shall forward the approved proposal to the WVBE for final determination. The WVBE shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the CBEM or its agents and, in its discretion, approve implementation of the alternative or reply to the CBEM and LSIC within a reasonable time as to its reasons for not approving the proposed alternative. Approval of the proposal by the WVBE constitutes a grant of the waiver;

10.9.d.3. if an alternative proposed by the LSIC requires the waiver of a State Superintendent’s interpretation and the CBEM approves the proposal except that a waiver by the State Superintendent is required, the CBEM shall forward the approved proposal to the State Superintendent for final determination. The State Superintendent shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the CBEM or its agents and, in their discretion, approve implementation of the alternative or reply to the CBEM and LSIC within a reasonable time as to its reasons for not approving the proposed alternative. Approval of the proposal by the State Superintendent constitutes a grant of the waiver;

10.9.d.4. if an alternative proposed by the LSIC requires the waiver of a state statute and the CBEM approves the proposal except that a waiver of the statute is required, the CBEM shall forward the approved proposal to the Legislative Oversight Commission on Education Accountability (LOCEA). LOCEA shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the CBEM or its agents and determine whether a recommendation should be made for an Act of the Legislature to waive the statute to permit implementation of the proposed alternative;

10.9.d.5. if an alternative that requires a waiver is proposed by more than one LSIC in the county and the CBEM approves, the CBEM may forward a consolidated proposal requesting the waiver to the appropriate bodies as provided in this subsection; and

10.9.d.6. when an alternative to the operation of a school is approved, the CBEM shall establish a process for evaluation of the operation of the alternative. Approval for the operation of the alternative may be continued or revoked at any time by the CBEM based on the results and findings of the evaluation.

10.9.e. Notwithstanding any other provisions of the law to the contrary, a LSIC is not prohibited from permitting off-site classrooms to be developed in conjunction with local businesses if those sites meet the requirements established by the CBEM for sites that are located off-campus.

10.9.f. The WVBE shall submit a report to the Legislative Oversight Commission on Education Accountability and the Governor on September 1 of each year summarizing the proposed alternatives received, approved, or rejected, continued or revoked during the preceding school year, and the results and findings of the evaluations. The report shall specifically identify all policy, rule, and interpretation waiver requests including those requests made to CBEM by LSICs received during the preceding year and the disposition of each.

10.10. LSICs shall be considered for the receipt of school of excellence awards and competitive grant awards and may receive and expend such grants for the purposes provided.

10.11. Any charter public school established pursuant to W. Va. Code §18-5G-1 may, at its discretion, abide by all or some of the LSIC requirements of this section and may modify any of the requirements it elects to follow to adapt them to be consistent with the operations of the school.

W. Va. Code R. § 126-12-11 County and School Recognition

11.1. West Virginia Exemplary Practice Schools.

11.1.a. West Virginia Exemplary Practice Schools are determined by examining accountability indicator measures. Approximately five percent of schools will be selected to apply each year for this prestigious designation. Qualifying schools will be chosen annually from each of the programmatic levels. These schools will be required to participate in a school visit by WVDE staff and submit additional information to showcase their excellence in at least one of the West Virginia Standards for Effective Schools. Exemplary Practice Schools will be eligible for consideration for the Exemplary Schools Continuing Improvement Grant to be awarded by the WVBE.

11.2. Other School Recognition Programs.

11.2.a. National Blue Ribbon Schools. The U.S. Department of Education (ED) National Blue Ribbon Schools Program recognizes public and private elementary, middle, and high schools based on their overall academic excellence or progress in closing achievement gaps among student subgroups. Every year the ED seeks out and celebrates great American schools, schools demonstrating that all students can achieve to high levels.

11.2.b. Title I Distinguished Schools. The National Title I Distinguished Schools Program recognizes superior Title I schools which demonstrate a wide array of strengths, including team approaches to teaching and learning, focused professional development opportunities for staff, individualized programs for student success, and strong partnerships between the school, parents, and the community. Schools are selected by the state and must qualify under one of the following categories:

11.2.b.1. Category 1: Exceptional student performance for two or more consecutive years;

11.2.b.2. Category 2: Closing the achievement gap between student groups; or

11.2.b.3. Category 3: Excellence in serving special populations of students (e.g., homeless, foster care, migrant, EL, etc.).

11.2.c. West Virginia Sustainable School. The West Virginia Sustainable School (WVSS) award program recognizes all public schools that exemplify a commitment to sustainable practices in the facilities and integrate those practices into the curriculum and community. The program recognizes schools where staff, students, officials, and communities work together to produce energy efficient, sustainable, and healthy school environments ensuring environmental literacy of graduates. Schools which receive the WVSS award may be nominated for consideration as an ED Green Ribbon School.

11.2.c.1. National Green Ribbon Schools. The ED Green Ribbon School program recognizes schools that save energy, reduce costs, feature environmentally sustainable learning spaces, protect health, foster wellness, and offer sustainability education to boost academic achievement and community engagement.

W. Va. Code R. § 126-12-12 Annual Reporting

12.1. State-level Reporting. The WVDE shall calculate and report displaying results for the state, county, and school level in an online format.

12.1.a. Each indicator listed in WVAS shall be reported through the West Virginia Schools Balanced Scorecard outlining performance of each indicator.

12.1.b. The WVDE shall provide an annual report on Education Accountability to the county, the WVBE, the Governor, and the LOCEA.

12.1.c. The WVDE shall provide reporting on the statewide school report card requirements outlined in W. Va. Code §18-2E-4, including:

12.1.c.1. student performance by grade level in the various subjects measured pursuant to the uniform statewide assessment program adopted by the state board;

12.1.c.2. school attendance rates;

12.1.c.3. percent of students not promoted to the next grade;

12.1.c.4. graduation rates;

12.1.c.5. enrollment;

12.1.c.6. average class size;

12.1.c.7. pupil-teacher ratio;

12.1.c.8. pupil-administrator ratio;

12.1.c.9. operating expenditure per pupil;

12.1.c.10. county expenditure by fund in graphic display; and

12.1.c.11. average degree classification and years of experience of the administrators and teachers at each school.

12.2. County-level Reporting. Each county shall publicly report annually in an online format:

12.2.a. county and school results of the West Virginia Schools Balanced Scorecard through electronic link to the WVDE reporting website;

12.2.b. county and school results of the statewide school report card requirements outlined in W. Va. Code §18-2E-4 through electronic link to the WVDE reporting website;

12.2.c. names of the members of the county board and the dates upon which their terms expire;

12.2.d. names of the county school superintendent and every assistant and associate superintendent and their area of school administration;

12.2.e. names of the members of each school’s LSIC; and

12.2.f. name or names of the business partner or partners of the school.

W. Va. Code R. § 126-12-13 Severability

13.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 013 A Process for Improving Education: Performance Based Accreditation System (2320)

W. Va. Code R. § 126-13-1 General

1.1. Scope. This rule establishes an accountability system for West Virginia public schools and an approval process for school systems based on (1) measures of student performance and (2) a system of reviews through which school and school system quality is examined and publicly reported. Accountability measures, and an accreditation process with a system of performance audits, shall assist the Governor, the Legislature, the West Virginia Board of Education, hereinafter WVBE, and county boards of education in ensuring that high quality educational standards and annual performance measures and progress are met by all schools and school systems, and that a thorough and efficient system of schools is provided. This rule further establishes the responsibility of all schools and school systems to implement processes of improvement that increase the quality of school and classroom conditions to impact student performance and well-being.

1.2. Authority. W. Va. Constitution, Article XII, §2; W. Va. Code §§18-1-4; 18-2-5; 18‑2‑7a; and 18‑2E‑5; and Public Law 1177, Every Student Succeeds Act 2015.

1.3. Filing Date. June 9, 2016.

1.4. Effective Date. July 11, 2016.

1.4.a. Unless specified otherwise within the policy.

1.5. Repeal of Former Rule. - This legislative rule amends W. Va. 126CSR13, WVBE Policy 2320, A Process for Improving Education: Performance Based Accreditation System, filed May 15, 2014, and effective July 1, 2014.

W. Va. Code R. § 126-13-2 Overview

2.1. The West Virginia Constitution charges the WVBE with the general supervision of public schools. This duty of general supervision is subject to many factors, including, but not limited to:

2.1.a. The resolution of the landmark case of Pauley vs. Bailey, wherein the WVBE, the West Virginia Legislature, the Governor, and the State Superintendent of Schools adopted “A Process for Improving Education,” the blueprint for a standards-based accountability system for West Virginia, hereinafter System.

2.1.b. The adoption by the Legislature of W. Va. Code §18-2E-5, intended to implement the provisions of the System; and

2.1.c. The adoption by the WVBE and approval by the United States Department of Education of a waiver to the terms of the “No Child Left Behind” Act of Congress, hereinafter Act. The Act and the waiver relate to many areas of the state education system, but for the purposes of this policy, the principal impact of the Act is on school accountability. The Act becomes void August 1, 2016 due to the reauthorization of the Elementary and Secondary Education Act (ESEA) defined as the Every Student Succeeds Act (ESSA). 2016-2017 will be a transition year and ESSA will become fully effective in the 2017-2018 school year.

2.2. The WVBE is charged with implementing the details of the entire standards-based accountability system, and in 2013, the Legislature amended W. Va. Code §18-2E-5 in part to provide the WVBE the flexibility it needs to administer the System within the mandates of both the State and Federal governments. Among the many things the WVBE must do to administer the standards-based accountability system are the following:

2.2.a. Establish high academic standards and high-quality process standards;

2.2.b. Adopt and administer assessments to measure achievement of the academic standards and compliance with the high-quality process standards;

2.2.c. Administer a program of accountability that recognizes the level of achievement of the academic standards and compliance with the high-quality process standards, through recognitions, sanctions, and rewards. The WVBE has determined to administer this program of accountability by assigning schools a grade of A, B, C, D, or F, hereinafter A-F, and granting county school systems an approval status of Full Approval, Temporary Approval, Conditional Approval, or Non-Approval; and

2.2.d. Use the standards-based accountability system to help determine capacity needs of schools and school systems and take steps to address those capacity needs.

2.3. In order to administer those parts of the standards-based accountability system related to school accreditation, school system approval, and capacity building, the WVBE promulgates this rule.

2.4 School Accountability and Accreditation.

2.4.a. Annual and Cyclical Review of High-Quality Process Standards.

2.4.a.1. Annually, each school will complete a School Monitoring Report calculated to assist the school in determining compliance with high-quality process standards principally found in those WVBE policies that affect student performance and school quality, especially W. Va. 126CSR12, WVBE Policy 2322: Standards for High Quality Schools, hereinafter Policy 2322. The Office of Education Performance Audits, hereinafter OEPA, will review the School Monitoring Report.

2.4.a.2. Over the period of school year 2014-2015 and school year 2015-2016, each school in the State will receive one on-site review by the OEPA to determine compliance with high-quality process standards.

2.4.a.3. Beginning with school year 2016-2017, the OEPA will conduct on-site reviews of each school in the State once every four years to determine the accuracy of the School Monitoring Report and compliance with the high-quality process standards.

2.4.a.4. Throughout the annual and cyclical review process, in addition to determining compliance with high-quality standards, the OEPA will seek examples of best practices that should be commended and replicated.

2.4.b. Annual Accreditation of Schools (A-F Accreditation).

2.4.b.1. Each year, the West Virginia Department of Education, hereinafter WVDE, will administer a program of accountability wherein it will calculate a grade for each school based on multiple measures of academic achievement and student success standards and will assign each school a grade of A-F.

2.4.b.2. The measures the WVDE will utilize in calculating, the OEPA will utilize in verifying, and the WVBE will utilize in determining and communicating grades will be developed jointly by the WVDE and OEPA in the form of a guidance document.

2.4.b.3. The OEPA will verify the grade calculated by the WVDE, and may recommend to the WVBE lowering the grade if school conditions, as determined in the annual and cyclical reviews, are found to be so adverse and so serious that the grade calculated by the WVDE would be a misrepresentation of the school’s overall quality.

2.4.b.4. The WVBE will make final determination of the grade to be assigned each school and that grade will be the annual accreditation for that school. The WVBE will communicate the grades as appropriate.

2.5. County School System Approval Status.

2.5.a. Each year the OEPA will assign each county school system an approval status of Full Approval, Temporary Approval, Conditional Approval, or Non-Approval.

2.5.b. The status awarded each school system will be based primarily on the A-F grade assigned to each of its schools and the measure of improvement by its lowest-performing schools.

2.5.c. Regardless of the accreditation status indicated by the grades awarded the schools within the county school system, the school system may be granted non-approval status if certain serious negative circumstances exist which merit non-approval.

2.6. Capacity Building.

2.6.a. Using the results of the standards-based accountability system, the WVBE will determine capacity needs of schools and school systems and will take steps necessary to address those capacity needs.

2.7. The WVBE finds that the nature and complexity of this administrative rule should make this overview helpful to the reader. This section is intended to serve as an informal overview of this administrative rule for the benefit of the reader and should not be considered the policy of the WVBE. The policy of the WVBE is found in the balance of this administrative rule.

W. Va. Code R. § 126-13-3 Premises and Purposes

3.1. Premises. There are core premises that guide the requirements and processes established by this policy. These premises are:

3.1.a. All children can learn. Background variables of socio-economic status, race, ethnicity, or gender are not determinants of progress or reaching proficiency.

3.1.b. The primary measure of an effective school is the quality and equity of student outcomes. The WVBE has the responsibility to define the outcomes by which quality and equity should be judged and hold schools and school systems accountable for those outcomes.

3.1.c. The level of quality and equity of each West Virginia school must be public knowledge. Communicating the level of school quality can leverage improvement when provided in language that is clear and easily understood.

3.1.d. The school is the unit of change. Local, regional, and state resources, policies, and procedures must focus on assisting the improvement of each West Virginia school and on differentiating supports according to need and level of performance.

3.1.e. The capacity for excellence resides in every school. Schools have the responsibility to create school-wide and classroom conditions that produce student success. Every school needs quality leadership and the flexibility and support to make the decisions that will lead to the achievement of all students.

3.2. Purposes. This policy establishes a process for the Governor, Legislature, WVBE, and county boards of education to develop and ensure the tenets of a thorough and efficient system of public education and address the constitutional responsibility of the WVBE to generally supervise schools and school systems through:

3.2.a. Establishing standards and performance measures that define the responsibilities of schools, school systems, and all school personnel to improve the level of student performance and well-being;

3.2.b. Holding schools and school systems accountable for performance outcomes and established processes of continuous improvement that have been determined to affect the quality of school and classroom learning conditions;

3.2.c. Implementing a system of public notification which communicates the level of quality of each West Virginia public school and each school system;

3.2.d. Evaluating educational progress of individual schools, school systems, and the entire state system based on performance and high quality standards;

3.2.e. Ensuring equity of opportunity as measured by school conditions, facilities, resources, capacity, and efficiencies;

3.2.f. Providing a mechanism for schools and school systems to take responsibility in assessing and determining continuous improvement efforts;

3.2.g. Defining a system of supports and consequences for schools and school systems falling below acceptable standards of performance;

3.2.h. Creating a recognition and reward process that incentivizes school improvement and rewards growth and performance; and

3.2.i. Aiding the Governor, Legislature, and WVBE in decision-making and resource allocation to improve school effectiveness and efficiencies.

W. Va. Code R. § 126-13-4 Glossary

4.1. Accelerated Improvement of the Lowest 25% of Students. The overall annual improvement in performance of the lowest 25% of students in a school as measured by the established metrics of the West Virginia Accountability System (WVAS).

4.2. Acceptable Annual Improvement. Overall school performance as measured by the WVAS with individual trajectories of improvement for all applicable schools.

4.3. Accountability Measures. Those specific areas of student performance used to determine school and school system quality. In West Virginia, school accountability measures are student proficiency in English/language arts, student proficiency in mathematics, observed student growth, adequate student growth, accelerated improvement of the lowest 25%, students 4-year graduation rates, students proficient in reading at 3rd grade, students proficient in math at 8th grade, at-risk subgroup reduction, attendance, college and career ready indicators

4.4. Accreditation. W. Va. Code §18-2E-5 and Policy 2320 requirement that establishes a process for monitoring the performance and conditions of schools and school systems to determine (1) verification of school performance grades, (2) compliance with policy and W. Va. Code, (3) school quality based on Policy 2322, (4) school and school system resource, facility, efficiencies, and capacity building needs, and (5) best practices.

4.5. Accreditation Final Report. The written report that communicates the observations and information found during the review of school and school system conditions as described in Glossary term 4.4. This final report culminates with a summary of best practices, recommendations and findings.

4.6. Adequate Growth. The measure which determines whether a student’s growth is enough to reach grade-level expectations, or growth to standards.

4.7. Alternate Assessment. Eligible students with disabilities who have been determined by an IEP team to be unable, even with extended learning opportunities and significant instructional accommodations, to meet state and county standard graduation requirements may receive a modified diploma. These students participate in West Virginia's Alternate Summative Assessment which is based on West Virginia's alternate academic achievement standards Next Generation Essential and Community Elements.

4.8. Annual Accreditation Review. The OEPA analysis of a school’s electronic submission of the School Monitoring Report to examine school quality, determine compliance with policy and W. Va. Code, and verify school performance grades.

4.9. Approval Level. The designations identified by W. Va. Code earned by a school system that communicate overall system level of quality, as determined by individual school performance and school and school system conditions.

4.10. Best Practices. Those school and classroom processes and strategies that positively impact the performance and well-being of students, as determined by the OEPA review, and are noted in the school and/or school system Final Report to the WVBE.

4.11. Capacity Building. An array of supports and processes, including professional development provided to schools or school systems to increase staff individual and collective skills, competencies and abilities to impact student performance and well-being.

4.12. Continuous Improvement. The on-going process of planning, determining, implementing, and refining improvement efforts in order to positively impact desired outcomes. In Policy 2320, continuous improvement includes the collective staff process of analyzing student performance data, studying current school and classroom practices, determining root causes, researching solutions, and implementing processes outlined in the strategic plan to improve student performance and well-being.

4.13. Corrective Action. Those strategies or processes which must be implemented by a school or school system to address findings identified during an OEPA annual or cyclical review.

4.14. Cyclical Review. The on-site review of a school or school system conducted at least every four years by a team of educators under the leadership of the OEPA. This review examines school quality; determines school and school system compliance with policy and Code; verifies school performance grades; examines resource, facility, efficiency, and capacity building needs; and identifies best practices.

4.15. Directive. Written instructions issued by the WVBE to a school or school system outlining expected actions, outcomes, and timelines for addressing accreditation review findings.

4.16. Exit Conference. The informal oral review of an accreditation team’s conclusions conducted at the end of an on-site review by the OEPA personnel with school and school system leadership and staff.

4.17. Extraordinary Circumstances. Extraordinary circumstances are circumstances defined by the WVBE under which the state board may intervene directly or indirectly in the operation of a school; or may issue nonapproval status to a school system.

4.18. Finding. Areas identified through accreditation review processes that must be corrected by the school or school system according to timelines established by the WVBE.

4.19. Four-Year Cohort Graduation Rate. The measurement of students receiving a high school diploma within the standard four-year period as calculated by established measurements and federal guidelines.

4.20 Full Academic Year (FAY). Students who are enrolled in a school for at least 135 days are considered to be present for a FAY.

4.21. Grade Verification. The process conducted by the OEPA on behalf of the WVBE to ensure that school performance grades are an accurate representation of the school’s overall quality.

4.22. High Quality Standards. School expectations that ensure a high quality education in an engaging learning environment for all students. As outlined in W. Va. Code §18-2E-5, High Quality Standards for West Virginia students, schools, and school systems are identified in the following areas: curriculum; workplace readiness skills; finance; transportation; special education; facilities; administrative practices; training of county board members and administrators; personnel qualifications; professional development and evaluation; student performance, progress, and attendance; professional personnel, including principals and central office administrators, and service personnel attendance; school and school system performance and progress; and a code of conduct for students and employees. High Quality Standards are monitored through the OEPA annual and cyclical review processes.

4.23. Intervention. The process of interceding in the operation of a school or school system when the determination is made that this is necessary to improve conditions and/or student performance.

4.24. Monitoring. The process of examining conditions and/or actions through observation and analysis to determine if expectations are being met and progress is being made. Monitoring is usually accompanied by feedback where information is provided for the purpose of guidance and improvement.

4.25. Observed Growth. The measure of the actual growth of students during a one-year period as measured by the statewide summative assessment instrument.

4.26. Participation Rate. The percentage of eligible students taking the annual summative assessment as defined within the WVAS.

4.27. Proficiency. The measurement of student performance on standardized summative assessments as defined by the cut scores established within the WVAS.

4.28. Recommendation. Feedback given to schools and school systems as a result of the accreditation review process that should be considered during future continuous improvement and strategic planning deliberations but is not a requirement for action.

4.29. Root Cause. The identification of educational behaviors, actions, inactions, or conditions that may be the underlying cause of ineffective or unacceptable outcomes. Defining root cause is an essential component of continuous improvement.

4.30. School Self-Assessment. A part of the school improvement process during which the school staff examines student performance evidence and school/classroom conditions in order to determine improvement priorities (also referred to as a self-study). Schools may choose various tools and processes to complete the self-assessment but must annually examine the results of the OEPA School Monitoring Report.

4.31. Special Circumstance Review. The interim on-site review of schools or school systems that occurs outside the regular cycle of reviews and is conducted at the specific direction of the WVBE upon its determination that circumstances exist that warrant such a review.

4.32. Standards for High Quality Schools. Those seven standards outlined in Policy 2322 that form the basis for examination of school quality in the accreditation process. The seven standards are (1) Positive Climate and Culture, (2) School Leadership, (3) Standards-Focused Curriculum, Instruction and Assessments, (4) Student Support Services and Family/Community Connections, (5) Educator Growth and Development, (6) Efficient and Effective Management, and (7) Continuous Improvement.

4.33. Strategic Planning. The systematic process of determining an educational vision and mission based on core beliefs about teaching and learning then translating this vision into goals, actions, and a sequence of steps to achieve them.

4.34. West Virginia Accountability System (WVAS). The comprehensive system of measurements that defines school-specific expectations for continuous improvement using multiple measures of academic achievement and student success standards to guide and focus improvement and technical assistance.

4.35. West Virginia Accountability System Methodology. The established measurement methods and calculations of school performance within the WVAS resulting in a school grade designation.

W. Va. Code R. § 126-13-5 West Virginia Accountability System (WVAS)

5.1. The WVAS identifies the WVBE expectations for student performance and defines the measurement system by which schools are accredited and school systems are approved. It is founded on the expectation that schools will exhibit sustained improvement over time and work toward rigorous but realistic goals. The WVAS is based on the following guiding principles:

5.1.a. Communicating rigorous expectations for students and schools;

5.1.b. Creating a system of support and recognition for all schools;

5.1.c. Valuing both performance and growth; and

5.1.d. Communicating student performance clearly through a means understood by all.

5.2. WVAS Overview.

5.2.a. Beginning with the 2015-2016 school year, the WVAS will assign all schools a rating of A-F, based on their overall performance score across multiple measures that include both student proficiency, student growth, and student success indicators. The points available to schools differ by programmatic level.

5.2.a.1. Elementary Schools. Elementary schools can earn up to 1200 points. Scores are comprised of proficiency rates, observed growth, adequate growth, the accelerated improvement of the lowest performing 25% of students in a school, students proficient in reading at 3rd grade, at-risk subgroup reduction, and attendance.

5.2.a.2. Middle Schools. Middle schools can earn up to 1200 points. Scores are comprised of proficiency rates, observed growth, adequate growth, the accelerated improvement of the lowest performing 25% of students in a school, students proficient in math at 8th grade, at-risk subgroup reduction, and attendance.

5.2.a.3. High Schools. High schools can earn up to 1500 points. Scores are comprised of proficiency rates, observed growth, adequate growth, the accelerated improvement of the lowest performing 25% of students in a school, college ready indicators, career ready indicators, attendance, at-risk sub-group reduction and 4-year graduation rates.

5.2.b. Measures. The WVAS A-F system includes the following components:

5.2.b.1. Proficiency Rates. The proficiency rate component of the WVAS includes proficiency for all students in grades 3-11 based on the state summative general and alternate assessments in mathematics and English/language arts. Elementary and middle schools may earn up to 175 points in mathematics and up to 175 points in English/language arts depending on student performance. High schools may earn up to 250 points in mathematics and up to 250 points in English/language arts depending on student performance.

5.2.b.2. Observed Growth. The observed growth component of the WVAS includes aggregate student growth for all students based on the assessments for which growth data are available. Observed growth measures the actual growth of each student. Schools at all levels may earn up to 100 points in mathematics and up to 100 points in English/language arts depending on student growth.

5.2.b.3. Adequate Growth. The adequate growth component of the WVAS includes aggregate student growth for all students based on the assessments for which adequate growth data are available. Adequate growth determines whether observed growth is enough for students to reach grade-level expectations, or growth to standard. Schools may earn up to 100 points in mathematics and up to 100 points in English/language arts depending on student growth to standard.

5.2.b.4. Accelerated Improvement of the Lowest 25%. Schools may earn up to 100 points in mathematics and up to 100 points in English/language arts depending on the improved performance rates of the lowest performing 25% of students in a school.

5.2.b.5. Graduation Rates. For high schools, the graduation rates component of the WVAS is the 4-year cohort graduation rate. Schools may earn up to 150 points for their 4-year cohort graduation rates.

5.2.b.6. College and Career Ready Indicators. For high schools, college and career ready indicators measure the percentage of 12th grade students attempting and completing one or more college readiness or credit bearing courses wherein students achieve college ready benchmarks or complete Career and Technical Education (CTE) concentrations during high school as defined in the guidance. High schools may earn up to 150 points for the combined college and career ready indicators metric.

5.2.b.7. Students Proficient in 3rd Grade Reading Rate. Students proficient in 3rd grade reading rate is used to indicate the extent to which elementary schools maximize the percentage of grade three students scoring at or above standard for reading. Elementary schools may earn up to 50 points for increasing the percentage of students scoring at or above standard in 3rd grade reading.

5.2.b.8. Students Proficient in 8th Grade Mathematics Rate. Students proficient in 8th grade mathematics rate is used to indicate the extent to which middle schools maximize the percentage of grade eight students scoring at or above standard for math concepts and procedures. Middle schools may earn up to 50 points for increasing the percentage of students scoring at or above standard in 8th grade math.

5.2.b.9. At-Risk Subgroup Reduction. At-risk subgroup reduction demonstrates the extent to which schools minimize the percentage of students identified as at risk for dropping out of school on the basis of academic, behavior, and attendance risk indicators. Elementary and Middle Schools may earn up to 100 points for at-risk reduction. High Schools may earn up to 50 points for at-risk reduction.

5.2.b.10. Attendance. Attendance is one measure of a student’s availability to receive instruction and participate in the educational process. Attendance will be calculated pursuant to the provisions of W. Va. 126CSR81, WVBE Policy 4110: Attendance, hereinafter Policy 4110. Elementary and Middle Schools may earn up to 100 points for attendance. High Schools may earn up to 50 points for attendance.

5.2.c. Inclusion Requirements. In order to ensure that the WVAS makes a fair, reliable, and valid assessment of schools in West Virginia, various system requirements are in place to include students in calculations for school grades.

5.2.c.1. Minimum Cell Size. A subgroup is included in the WVAS if there are at least 10 students across all grades.

5.2.c.2. Full Academic Year. Students who are enrolled in a school for at least 135 days are considered to be present for a full academic year, hereinafter FAY. Only FAY students are included in accountability calculations.

5.2.c.3. School Programmatic Levels. Elementary, middle, or high school classification is determined by the highest grade level of accountability (i.e., 4, 8, or 12) in a school, regardless of grade configuration. Schools terminating below grade 4 are considered elementary schools.

5.2.c.4. Participation Rate. Participation rates ensure that all students are well represented when calculating a school’s grade letter designation. Schools not meeting established participation rates will be subject to grade modification. Where ESSA mandates specific methodologies for calculating participation rates, those mandates will be incorporated into the guidance.

5.2.d. School Performance Levels. Through the WVAS, schools earn a performance designation ranging from A to F. The WVBE will establish cut scores for the school grade designations and will review annually and revise scores as necessary.

5.2.d.1. A Schools. Schools with distinctive student performance on the multiple measures as determined by WVAS metrics.

5.2.d.2. B Schools. Schools with commendable student performance on the multiple measures as determined by WVAS metrics.

5.2.d.3. C Schools. Schools with acceptable student performance on the multiple measures as determined by WVAS metrics.

5.2.d.4. D Schools. Schools with unacceptable student performance on the multiple measures as determined by WVAS metrics.

5.2.d.5. F Schools. Schools with lowest student performance on the multiple measures as determined by WVAS metrics.

W. Va. Code R. § 126-13-6 School Accreditation

6.1. Through the direction and oversight of the WVBE, the accreditation system provides:

6.1.a. The criteria and procedures for verifying a school’s A through F grade designation;

6.1.b. A process for assessing and reporting school adherence to Policy 2322, Policy 4110, W. Va. 126CSR99, WVBE Policy 4373: Expected Behaviors in Safe and Supportive Schools, hereinafter referred to as Policy 4373, and other appropriate policy and Code; and reporting school best practices, efficiencies, and resource, facility, and capacity building needs.

6.1.c. A process for identifying and reporting school and classroom conditions and non-compliances that may be impacting (1) student learning and well-being and (2) overall effective and efficient operation of the school;

6.1.d. A system of school self-study through which strengths and weaknesses can be determined and from which local school improvement decisions can be made;

6.1.e. A method of promoting continuous improvement by aligning local school improvement processes, strategic planning, and the annual and cyclical accreditation reviews; and

6.1.f. A basis for determining rewards, supports, technical assistance, and intervention.

6.2. Measures and Levels. School accreditation ratings are determined by the A-F grading system as described in Section 5 of this policy. This is based on the premise that student outcomes are the primary measure of an effective school. A school’s performance rating is calculated by the WVDE then transferred to the OEPA for verification through the accreditation process. Once verified, the performance level is approved by the WVBE and communicated to schools, school systems, and communities.

6.3. Principles and Processes.

6.3.a. Operating Principles. The school’s performance grade is verified by the OEPA through annual and cyclical review processes. These processes assure parents and the general public that school A-F grades are an accurate representation of the school’s overall quality. The verification processes are derived from W. Va. Code §18-2E-5 requirements that the accreditation system monitor high quality standards and promote continuous improvement of all West Virginia public schools. The verification processes reflect the premise that every West Virginia school has the obligation to improve and to create school and classroom conditions that lead to student success. The accreditation processes will operate according to the following principles:

6.3.a.1. Focus on Student Performance. The accreditation processes focus all schools on creating those school and classroom conditions reflected in Policy 2322, used in the accreditation process to positively impact student performance.

6.3.a.2. Transparency and Clarity. The accreditation processes are based on clear and transparent expectations communicated in advance to schools and school systems. These expectations are outlined in the central tool of the accreditation process, the School Monitoring Report. This Report summarizes school compliance with Policy 2322, and other policy and Code requirements. Responses on the School Monitoring Report will be reviewed and validated through the annual and cyclical review processes.

6.3.a.3. Vehicle for Local Decision-Making. The annual and cyclical accreditation processes are designed and implemented to support local decision-making on how to change school and classroom conditions in ways that improve student performance and well-being. By using the School Monitoring Report, school faculties and Local School Improvement Councils, hereinafter LSIC, have a valuable method for reflecting on current practice, reaching consensus on improvement priorities, guiding the contents of the school strategic plan, and addressing non-compliances with policy and Code.

6.3.b. Review Processes. All West Virginia schools participate in annual and cyclical reviews managed by the OEPA under the direction of the WVBE.

6.3.b.l. Purposes of the Review Process. These annual and cyclical reviews are designed to (1) verify the school’s annual performance grade, (2) provide feedback for local school improvement efforts, (3) verify compliance with core policy and Code, (4) document school best practices, and (5) identify efficiencies, resource, facility, and capacity building needs.

6.3.b.2. Annual Reviews. Each West Virginia school completes an annual on-line review using the School Monitoring Report. This report is used by the faculty to self-assess overall school quality as defined in Policy 2322 to document compliance with policy and Code, gather information on best practices, and identify school resource and capacity building needs. After review by the Faculty Senate and the LSIC and approval by the principal and local superintendent of schools, the report is submitted to the OEPA according to timelines established by the WVBE. The results submitted on the report regarding school quality and compliance with policy and Code is utilized by the OEPA to verify the school’s performance grade. After the initial submission, the school annually updates the School Monitoring Report and uses the report as a source for identifying school strengths and weaknesses, determining improvement priorities, addressing non-compliances, revising the school strategic plan, and tracking progress during the four-year accreditation cycle.

6.3.b.3. Cyclical Reviews. At least every four years, all schools participate in an on-site review by an external team of educational professionals managed through the OEPA. This external review process assures the West Virginia Legislature and the WVBE that all schools are accountable to a common set of high quality standards, are complying with core policy and Code, and are fulfilling their obligation to continuously improve. The on-site review team assesses the accuracy of the school’s electronic submission of the School Monitoring Report. The external team reviews the school strategic plan and supports local school improvement efforts by (1) examining school practices associated with Policy 2322 and providing feedback on school strengths and needs, (2) bringing public notice to school successes by documenting best practices, and (3) identifying any resource, facility, efficiency, and capacity building needs that may be impeding the school’s capacity to improve.

6.3.c. Conditions Affecting Grade Verification. The annual and cyclical review processes determine if a school’s A-F performance grade is an accurate representation of the school’s overall quality and should be approved by the WVBE. There are three conditions affecting approval:

6.3.c.1. Unreliability of Performance Measures. The auditing processes examine school procedures for (1) administering the state student assessments; (2) recording dropout data and other data related to student graduation rate; and (3) measuring and reporting any other measure in the WVAS. This review is based on information gained from electronic analysis of student response patterns and investigations conducted by the WVDE prior to the audit, as well as the on-site review of school processes and procedures. Scrutiny of these areas ensures performance measures used to determine a school’s accreditation grade are reliable. If it is determined that assessment results or graduation data have been significantly compromised, the OEPA recommends reducing the school’s performance grade according to Section 6.3.d of this policy.

6.3.c.2. School Conditions that Significantly Impair Student Academic Success and Well-Being. During the auditing processes based on examination of the School Monitoring Report and/or onsite review, it is the responsibility of the OEPA to identify any conditions that are significantly impairing, or may, if not addressed, significantly impair student academic success and/or well-being as outlined in Extraordinary Circumstances, Section 8.2.f.1. For these conditions to impact a school’s performance grade, the conditions must be pervasive and/or serious in nature.

6.3.c.3. Significant Policy and Code Violations. During the auditing processes, the OEPA identifies state policy and Code non-compliances and makes recommendations for corrective action. In cases where non-compliances are pervasive and/or deemed so serious in nature that they threaten the overall quality of school conditions and performance, it will be the responsibility of the OEPA to notify the WVBE and to make recommendations on school corrective action.

6.3.d. Circumstances for Modifying Grades. Modification of a school performance grade is considered only when there are school conditions so serious that the WVBE determines the existing performance grade would be a misrepresentation of the school’s overall quality. The WVBE intends that such circumstances be rare and occur only when there is evidence that one of the following three circumstances exist: (1) The school has failed to follow procedures outlined in Section 6.3.c.1 that guarantee accuracy of student performance assessments, graduation rates, and/or other measures in the WVAS. In this case, the school’s performance grade is designated an F rating, regardless of the grade established through the WVAS. (2) The OEPA finds conditions within the school outlined in Section 6.3.c.2. of this policy. These conditions are egregious and may require WVBE direct or indirect intervention in the operation of the school. In this case, the school’s performance grade is designated an F rating, regardless of the grade established from the WVAS. (3) If during the auditing processes, the OEPA finds circumstances outlined in Section 6.3.c.3. of this policy and the school does not take appropriate corrective action as directed by the WVBE and/or fails to meet the timelines established by the WVBE, then the WVBE modifies the grade accordingly and in no case will the grade be higher than a C.

6.4. School Responsibilities for Accreditation. In order for accreditation processes to fulfill purposes outlined in W. Va. Code §18-2E-5, to impact student performance levels and to improve school quality, each West Virginia school must determine productive and meaningful ways to integrate accreditation processes into continuous improvement efforts. To that end, the school is responsible for the following:

6.4.a. Develop Knowledge of Policy 2322. The accreditation process is built from standards derived from Policy 2322. All school faculty and members of the LSIC need sufficient knowledge of these standards in order to participate effectively in the school self-assessment process and in the annual and cyclical reviews. Methods for developing understanding of these standards are determined by the school.

6.4.b. Complete the School Monitoring Report. Results recorded on the Report are derived from staff and LSIC perceptions. The results are intended to be derived from meaningful discussions among the principal, staff and LSIC members. How time is scheduled for such discussions and the processes used for reaching consensus are determined locally through the leadership of the principal. The responses recorded on the Report are submitted to the OEPA as one basis for the annual and cyclical reviews and for school performance grade verification.

6.4.c. Develop the Strategic Plan. Development of the electronic strategic plan is a collective and collaborative process led by the principal. The staff (1) analyzes student performance data and determines priorities, (2) evaluates school and classroom quality through the School Monitoring Report and other locally determined tools and processes, (3) determines appropriate improvement strategies to impact student performance and well-being, and (4) outlines these strategies in the electronic school strategic plan.

6.4.d. Implement the Strategic Plan. The school implements improvement efforts using action steps and monitoring processes outlined within the school strategic plan. The school annually modifies and adjusts the Strategic Plan as new data and information dictate, including information gleaned from the School Monitoring Report. During the on-site review process, the development and implementation of the plan is examined.

6.4.e. Participate in the On-Site Review Process. The on-site review is a culminating activity designed to verify the school’s performance grade and verify the quality of school conditions as reported on the School Monitoring Report. The review process also provides feedback for future school improvement efforts and development of the school strategic plan. School responsibilities during the on-site review are:

6.4.e.1. Prepare for Review. Prior to the cyclical on-site review, the principal is responsible for preparing the staff for productive involvement in the review process with materials provided by the OEPA. One month prior to the scheduled review, the school staff updates the School Monitoring Report to document and summarize the school’s overall progress. The principal prepares the staff and stakeholders for the on-site review, including orientation to the logistics, responsibilities, and expectations associated with the process.

6.4.e.2. Participate in Review. During the on-site review process, the principal, school staff, and appropriate stakeholders participate in processes to authenticate the School Monitoring Report. This authentication occurs through (1) review and/or observation of school activities, functions, and materials, (2) interviews of staff, students, and stakeholders, and (3) scrutiny of existing data bases related to student performance and high quality learning conditions

6.4.e.3. Participate in Exit Conference. At the conclusion of the school on-site review, the principal participates in an exit report as part of the school system exit conference. As feasible, other school personnel may attend. (See Section 7.3.c.4. of this policy).

6.4.e.4. Address Review Findings. Once the on-site accreditation review report is finalized, the information and recommendations contained in the report become a part of the school self-study for the ensuing improvement cycle. The principal is responsible for sharing and discussing the report with the school staff and LSIC and for using the report in the development or revision of the school strategic plan. If findings are identified in the final report, the principal must work with staff to determine how the deficiencies are to be corrected according the timelines established by the WVBE.

6.5. County Board of Education Responsibilities for School Accreditation. It is intended that the accreditation process be a method for local boards of education to improve school quality and student performance. Thus, the county board of education through the county superintendent of schools must exercise leadership and provide appropriate support to accomplish this intent.

6.5.a. Implementation. It is the responsibility of the county board of education through the superintendent, to direct, support, and monitor school responsibilities for the accreditation process. The specific responsibilities are:

6.5.a.1. Develop Understanding of Accreditation Processes. The school system is responsible for implementing a professional development process by which principals, teachers, and appropriate stakeholders become knowledgeable of accountability and accreditation processes. The professional development must advance staff knowledge of accountability measures on which school grading is based, procedures for school accreditation, and effects of school and classroom conditions on student performance. Resources for the professional development include Policy 2320, Policy 2322 and the OEPA School Monitoring Report.

6.5.a.2. Establish Local Direction. It is the responsibility of the school system to develop and communicate (1) procedures for local implementation of the school accountability and accreditation processes and (2) expectations regarding the improvement of student performance and school quality.

6.5.a.3. Monitor School Responsibilities: It is the responsibility of the school system to monitor individual school implementation of accreditation processes including the following:

6.5.a.3.A. Completion of the annual School Monitoring Report according to requirements, including holding schools accountable for compiling the report in a collaborative process and basing responses on the perceptions of the school faculty and LSIC members.

6.5.a.3.B. Review and verify the accuracy of the School Monitoring Report.

6.5.a.3.C. Ensure school strategic planning processes consider the annual and cyclical feedback provided through the accreditation process.

6.5.a.3.D. Ensure that all audit review findings are sufficiently addressed according to the directives and timelines established by the WVBE.

6.5.b. Establish Supports and Expectations that Impact Student Performance. It is the responsibility of the county board of education to implement processes, provide supports, and develop expectations that ensure all schools achieve a C or above and all schools are improving. Those responsibilities are:

6.5.b.1. Develop instructional leadership skills of principals. Create expectations that all schools are student-centered and learning-focused.

6.5.b.2. Support school continuous improvement and strategic planning processes as outlined in Section 9 of this policy so each school has structures in place for collective self-assessment and goal setting that lead to improved performance.

6.5.b.3. Implement school-based professional development programs that address the unique needs of staff and students.

6.5.b.4. Differentiate support and resources to individual schools according to performance grades, ensuring that all students in the school system have equitable opportunities for success.

6.6. OEPA Responsibilities for School Accreditation. It is the responsibility of the OEPA to provide schools with the tools, information, and feedback necessary for effective participation in the annual and cyclical review process.

6.6.a. Tools. The OEPA will provide each school the tools necessary for participation in the accreditation process, including the electronic School Monitoring Report and orientation materials for participation in the on-site review.

6.6.b. Information. The OEPA will provide documents and offer supports that develop understanding of the accreditation process including: (1) informational brochures on the accreditation system, (2) local and/or regional professional development offerings, (3) regular electronic updates, and (4) guidance on accreditation processes and procedures.

6.6.c. Feedback. The OEPA will provide feedback to individual schools based on the annual and cyclical review processes. This will include: (1) strengths and weaknesses related to Policy 2322, compliance with policy and Code, recognition of best practices, and assessment of resource, facility, efficiency, and capacity building needs; (2) communication of any recommendations or findings resulting from annual or cyclical reviews; and (3) identification of circumstances that may impact modification of the school’s performance grade.

W. Va. Code R. § 126-13-7 School System Approval

7.1. Purposes. County board of education leadership, policies, management, and support provided through the superintendent and the school system staff impact student performance and school effectiveness in each school in the school system. The WVBE directs a school system approval process through the OEPA to improve school system quality. The approval process is designed to achieve three purposes:

7.1.a. provide a statewide mechanism for rating the overall quality of each school system based on the performance grades of each school within the school system;

7.1.b. implement a method of publicly reporting school system quality to parents and communities, the Governor, and the West Virginia Legislature; and

7.1.c. ensure that each school system fulfills its responsibility to provide a thorough and efficient system of education in each school within the school system.

7.2. Measures and Levels.

7.2.a. Levels. School systems can achieve one of four approval levels. The levels specified in W. Va. Code §18-2E-5 are Full Approval, Temporary Approval, Conditional Approval, and Nonapproval.

7.2.a.1. Full Approval. A school system with Full Approval has all schools within the system earning a C or above performance grade or for those below a C, each is demonstrating acceptable annual improvement according to the WVAS.

7.2.a.2. Temporary Approval. A school system with Temporary Approval has a school or schools falling below a C performance grade and one or more of those school(s) has not made acceptable annual improvement in student performance according to the WVAS. The school system must revise its strategic plan to address the deficiencies affecting performance of those schools and submit this plan for approval to the WVBE within 90 calendar days of Temporary Approval notification.

7.2.a.3. Conditional Approval. A school system with Conditional Approval has a school or schools falling below a C performance grade and one or more of those school(s) has not made acceptable annual improvement in student performance according to the WVAS. The school system has a revised strategic plan approved by the WVBE that addresses the deficiencies in schools having less than a C performance grade and is following the timelines established in that plan. The school system remains on Conditional Approval status until all schools in the system are at or above a C performance grade or those schools below a C performance grade are showing acceptable annual improvement as defined by the WVAS.

7.2.a.4. Nonapproval. A school system may receive Nonapproval status when schools within the system are persistently low performing and when other conditions exist as described in Section 8.3.b. of this policy.

7.3. Review Processes. Beginning school year 2016-2017, all West Virginia school systems participate in cyclical reviews under the direction of the WVBE and managed by the OEPA.

7.3.a. Purposes of Cyclical Reviews. The cyclical review of school systems achieves the following purposes:

7.3.a.1. verifies State Code and policy compliance within the central office of the school system and in each individual school;

7.3.a.2. provides the county board of education feedback on the overall quality of each school within the county as measured by Policy 2322;

7.3.a.3. analyzes resource, facility, and capacity building needs in each individual school and within the school system;

7.3.a.4. identifies prevailing school system strengths and weaknesses to inform system strategic planning; and

7.3.a.5. identifies school and/or school system best practices.

7.3.b. Cycle and Schedule. At least every four years, all West Virginia school systems and each school within the school system participate in a cyclical on-site review. The on-site review is conducted by an external team of educational professionals managed through the OEPA. The on-site reviews are scheduled according to RESA location, with all school systems within the RESA visited during the same cycle. Two Regional Educational Service Agencies, hereinafter referred to as RESAs will be visited each year during a regular four-year cycle. Schedules for conducting reviews are devised by the OEPA and approved by the WVBE. In addition to cyclical reviews the WVBE may conduct special circumstance reviews pursuant to Section 13.5.c. of this policy. The WVBE may at any time alter or adjust the cycle and schedule of on-site reviews.

7.3.c. Processes. The school system on-site review process operates according to the same tenets as those guiding individual school reviews: (1) focus on student performance, (2) transparent standards and policy expectations, and (3) support for local decision-making and strategic planning. The sequence of the review process includes the following:

7.3.c.1. Notification and Preparation. At least one month prior to the on-site review, the OEPA notifies the county superintendent of schools of the specific dates for the school system review. The county superintendent is provided an overview of the schedule, logistics, and expectations.

7.3.c.2. Pre-Meeting. Prior to the on-site review, the OEPA meets with the leadership of the school system. During this meeting, the school system provides an orientation regarding the school system mission, goals, improvement priorities, and needs. The OEPA provides a review of the final schedule, expectations, and procedures.

7.3.c.3. School System Review Protocol. The school system review is conducted by team members with expertise in school system operations, related policy, and Code. The OEPA team conducts interviews, reviews the system policy manual, examines core documents such as county board of education minutes and the school system strategic plan, and evaluates any other documents, reports, information or data that verify school system compliance with Code and policy.

7.3.c.4. Exit Conference, Preliminary Report, and Final Report. At the conclusion of the accreditation review, an exit conference is conducted with the county superintendent, county board of education president (or designee), school principals, and other school personnel, as feasible. During the conference, preliminary findings are reported. This report summarizes school system compliance with policy and Code and includes a profile of each school. The school profile reports include summaries of (1) school compliance with Policy 2322; (2) individual school compliance with policy and Code; (3) findings related to verification of school performance grades; (4) efficiencies, resource, facility, and capacity building needs; and (5) best practices. School and school system staff are provided opportunity to address any inaccuracies or omissions in the report. Within 30 days of the onsite review, the OEPA communicates the findings and recommendations to the county superintendent and county board of education. Recommendations are those areas that may be considered by the school or school system for future improvement action. Findings are those areas that must be addressed by the school or school system according to timelines established by the WVBE. Within a reasonable amount of time after the on-site audit, the WVBE reviews the OEPA report and (1) confirms or modifies performance grades of schools, (2) confirms or modifies the approval level of the school system, and (3) identifies findings with timelines that must be addressed by the school or school system with corrective action.

W. Va. Code R. § 126-13-8 School and School System Supports and Consequences

8.1. Purpose. All students in West Virginia schools deserve a quality educational program defined in the West Virginia Constitution as thorough and efficient. Any school with a performance grade below a C or any school system not operating at Full Approval is considered below standard and is subject to intervention, support, and/or consequences identified by the WVBE.

8.2. School Supports and Consequences.

8.2.a. Schools with a D Performance Grade. Any school with a D performance grade is operating below acceptable standard. Schools with this performance grade will receive additional supports and monitoring by the county board of education. If performance does not improve, other actions and consequences may ensue.

8.2.a.1. School System Support. The county board of education, through the county superintendent or designee, has the responsibility to work with all schools with a D performance grade to improve student performance. The county superintendent or designee must exercise the following:

8.2.a.1.A. Determine Root Causes. Work with the school principal and staff to analyze root causes of poor student performance, including analysis of relevant performance data, school and classroom conditions, and deficits in resources or capacity. The school system may consider school responses on the WVDE rubrics related to Policy 2322, the School Monitoring Report, or other tools or processes that diagnose causes of poor performance. The school system involves staff in analysis, discussion, and consensus on findings from such tools to determine root causes.

8.2.a.1.B. Determine Improvements, Professional Development, and Support. As a result of the analysis of conditions and determination of root causes, the school system works with the staff to identify changes in practice, resources, or capacity. Identified changes are grounded in research or best practices with an established record for improving student performance. The school system also works with the staff to establish a capacity for addressing student needs.

8.2.a.1.C. Modify the School Strategic Plan and Monitor Progress. The school system assists the staff in documenting identified improvement strategies by revising the school’s strategic plan. The school system monitors the implementation and effectiveness of the plan on a regular basis through observation of and interaction with the principal, staff, and students. The school system works with the school staff to adjust the plan when monitoring results so indicate.

8.2.a.1.D. Evaluate Results. The school system, working with the school staff, will determine if improvements are achieving the desired effect on student performance. This evaluation will use monitoring results, performance increases on the WVAS, and other formative data and information.

8.2.a.2. External Supports. External Supports to assist school and school system improvement efforts will be provided by the WVDE, RESAs, the West Virginia Center for Professional Development, and other sources having expertise in school improvement.

8.2.b. Schools with Two Consecutive D Performance Grades. Upon receipt of the second consecutive D grade, the school system must determine if existing school system supports and interventions, given more time, will be effective in improving student performance. If the school system determines that unacceptable improvement has occurred, then other interventions must ensue. The county superintendent or designee must identify external supports and/or target additional resources to the school. This process may involve utilizing external experts and/or resources (1) to evaluate why the practices and processes used by the school failed to affect results and (2) to determine how direct intervention will be used to improve performance.

8.2.c. Schools with Three Consecutive D Performance Grades. Upon receipt of the third consecutive D performance grade, the county board of education through the county superintendent will report a summary of actions, plans, and recommendations to the WVBE. The WVBE will determine one of the following: (1) extend the timeline if viable improvements in conditions and/or acceptable annual improvement in school performance have occurred, (2) declare extraordinary circumstances exist and intervene directly or indirectly in the operation of the school when decline or unacceptable annual improvement is evidenced, or (3) take other such actions appropriate to the unique circumstances of the school. In determining acceptable annual improvement in school performance, the WVBE will use metrics described in the WVAS. These metrics set a trajectory for improvement based on overall school performance.

8.2.d. Schools with an F Performance Grade. Any school with an F performance grade is operating at the lowest level of student performance. Schools with this level of performance must receive immediate, direct, and intensive intervention and support by the county board of education and/or technical assistance providers acting in cooperation with the county board of education. If performance does not improve, other actions and consequences may ensue. The county superintendent or designee must address the following:

8.2.d.1. Intervention and Support. Schools with the lowest level of performance must accelerate the change process and alter those conditions producing poor results. Thus, the school system has the responsibility to provide intensive support and/or necessary resources to alter the school’s performance trajectory or to work with external providers to provide such support. The school system must determine if (1) the existing staff has the capacity to improve the school through continuous improvement processes using county supports or (2) immediate external intervention and/or supports are necessary. If the school system believes the school has capacity to improve with county support, then the processes outlined in Section 8.2.a.1.A. through 8.2.a.1.D. of this policy are applied. If external intervention or additional resources are necessary for improvement, then the county superintendent or designee must identify those external supports and/or target additional resources to the school. This process should determine (1) why the practices and processes used by the school have failed to affect results and (2) how additional direct intervention and/or resources will be used to improve performance. In either case, the school has one year to demonstrate improved performance as measured by the WVAS.

8.2.e. Schools with Two Consecutive F Performance Grades. Upon receipt of the second consecutive F performance grade, if the school has made less than acceptable annual improvement in student performance as measured by the WVAS, other actions must ensue. After two consecutive F performance ratings, the county board of education through the county superintendent will report a summary of actions, plans, and recommendations to the WVBE. The WVBE will determine one of the following: (1) extend the timeline if viable improvements in conditions and/or acceptable annual improvement in school performance have occurred, (2) declare extraordinary circumstance exist and intervene directly or indirectly in the operation of the school when decline or unacceptable annual improvement is evidenced, or (3) take other such actions appropriate to the unique circumstances of the school. In determining acceptable annual improvement in school performance, the WVBE will use metrics described in the WVAS. These metrics set a trajectory for improvement based on overall school performance.

8.2.f. WVBE Intervention in Schools in Extraordinary Circumstances.

8.2.f.1. Definition. The WVBE intervenes in a school’s operation when extraordinary circumstances exist. School extraordinary circumstances are conditions that (1) result in consistently poor student performance as measured by the WVAS and/or (2) constitute major impediments to the provision of educational programs and services for students. Extraordinary circumstances that constitute major impediments to the provision of educational programs and services for students include, but are not limited to, the following conditions:

8.2.f.1.A. physical or other abuse of students;

8.2.f.1.B. inappropriate suspensions and/or expulsions;

8.2.f.1.C. misappropriation of funds; misuse of public funds;

8.2.f.1.D. falsification of reports and/or failure to submit required reports;

8.2.f.1.E. violation of W. Va. Code and WVBE policies that impact the provision of an appropriate educational program;

8.2.f.1.F. unhealthy or unsafe conditions for students and/or employees; or

8.2.f.1.G. failure to provide a high quality and equal educational opportunity for students which are directly attributed to deficiencies in leadership, school and classroom learning conditions, and the school’s resources in facilities, personnel, curriculum, and/or equipment and materials.

8.2.f.2. Intervention. The WVBE may exercise general supervisory responsibility and intervene through any of the following processes:

8.2.f.2.A. The WVBE may (1) appoint monitors and/or support teams to work with the principal and staff of the school where extraordinary circumstances exist or (2) appoint monitors to assist the school principal after intervention in the operation of a school is completed.

8.2.f.2.B. The WVBE may direct a county board of education to target resources to assist a school where extraordinary circumstances are found to exist.

8.2.f.2.C. The WVBE may intervene directly in the operation of a school and declare the position of principal vacant and assign a principal for the school who will serve at the will and pleasure of the WVBE. If the principal who was removed elects not to remain an employee of the county board of education, then the principal assigned by the WVBE shall be paid by the county board. If the principal who was removed elects to remain an employee of the county board of education, then the following procedure applies: (1) the principal assigned by the WVBE shall be paid by the WVBE until the next school term, at which time the principal assigned by the WVBE shall be paid by the county board of education; (2) the principal who was removed shall be eligible for all positions in the county including teaching positions, for which the principal is certified, by either being placed on the transfer list in accordance with W. Va. Code §18A-2-7, or by being placed on the preferred recall list in accordance with W. Va. Code §18A-4-7; and (3) the principal who was removed shall be paid by the county board of education and may be assigned to administrative duties, without the county board of education being required to post that position until the end of the school term; and (4) such other powers and actions the WVBE determines necessary to fulfill its duties of general supervision of the schools and school systems of West Virginia.

8.2.f.2.D. The county board of education may take no action nor refuse any action if the effect would be to further impair the school or the actions of the WVBE in the school where intervention has taken place.

8.3. School System Support and Consequences for Nonapproval Status.

8.3.a. School System Support. It is the responsibility of any school system with less than Full Approval status to seek support to improve performance. External support providers include the WVDE, RESAs, West Virginia Center for Professional Development, and other sources having expertise in school and school system improvement.

8.3.b. Conditions for Nonapproval. A school system may receive Nonapproval status under six conditions: (1) the school system fails to submit and gain approval of the electronic strategic improvement plan; (2) the school system has a Temporary Approval status and fails to submit and/or gain approval of the revised electronic strategic improvement plan according to guidelines of the WVBE; (3) the school system meets the definition of extraordinary circumstances as defined in Section 8.3.b.1. of this policy; (4) the school system fails to submit, gain approval, or follow the plan for correcting more than a casual deficit as defined in Section 8.3.b.2. of this policy; (5) the school system fails to cause acceptable increases in student performance in schools with a D or F designation as measured by the WVAS; or (6) the school system, while under state intervention, has failed to meet conditions established by the WVBE for regaining local control.

8.3.b.1. Extraordinary circumstances. School system extraordinary circumstances are (1) pervasive and consistent poor performance across the school system as measured by the WVAS and (2) conditions that threaten the health, safety, educational quality of students, or fiscal solvency within the school system. These conditions include:

8.3.b.1.A. misappropriation of funds; misuse of public funds;

8.3.b.1.B. falsification of reports and/or failure to submit required reports;

8.3.b.1.C. violation of W. Va. Code or West Virginia Board of Education policies that impact the provision of an appropriate educational program;

8.3.b.1.D. unhealthy or unsafe conditions for students and/or employees;

8.3.b.1.E. failure to provide a high quality and equal educational opportunity for students; and/or

8.3.b.1.F. deficiencies in leadership.

8.3.b.2. Addressing Deficits. Whenever a county board of education has more than a casual deficit, the county board of education shall submit a plan to the WVBE specifying strategies for eliminating the casual deficit. The WVBE shall either approve or reject the plan. Any county board of education that (1) fails to submit and gain approval for the plan before the end of the fiscal year after a deficit greater than a casual deficit occurred or (2) any county board of education which fails to comply with an approved plan may be designated as having nonapproval status.

8.3.c. WVBE Actions for Nonapproval Status. Whenever Nonapproval status is issued to a school system, the WVBE shall declare a state of emergency in the school system by written notification and shall appoint a team of improvement consultants to make recommendations within 60 days of appointment for correcting the emergency.

8.3.c.1. Upon approval of the recommendations by the WVBE, the recommendations shall be made in writing to the county board of education. If progress in correcting the emergency, as determined by the WVBE, is not made within six months of receipt of the recommendations, the WVBE shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to the following:

8.3.c.1.A. Limiting the authority of the county superintendent and county board of education as to the expenditure of funds, the employment and dismissal of personnel, the establishment and operation of the school calendar, the establishment of instructional programs and rules, and any other areas designated by the WVBE by rule, which may include delegating decision-making authority regarding these matters to the state superintendent of schools.

8.3.c.1.B. Declaring the office of the county superintendent vacant;

8.3.c.1.C. Delegating to the state superintendent of schools both the authority to conduct hearings on personnel matters and school closure or consolidation matters, and subsequently, to render the resulting decisions, and the authority to appoint a designee for the limited purpose of conducting hearings while reserving to the state superintendent of schools the authority to render the resulting decisions;

8.3.c.1.D. Functioning in lieu of the county board of education in a transfer, sale, purchase, or other transaction regarding real property; and

8.3.c.1.E. Taking any direct action necessary to correct the emergency including, but not limited to, the following: (1) delegating to the state superintendent of schools the authority to replace administrators and principals in low performing schools and to transfer them into alternate professional positions within the county at his or her discretion; and (2) delegating to the state superintendent of schools the authority to fill positions of administrators and principals with individuals determined by the state superintendent of schools to be the most qualified for the positions. Any authority related to intervention in the operation of a county board granted under this paragraph is not subject to the provisions of article four, chapter eighteen-a of the W. Va. Code §18A-4.

8.3.c.1.F. The WVBE may intervene immediately in the operation of a school system if the WVBE finds the following: (1) that the conditions precedent to intervention exist as provided in this section and that delaying intervention for any period of time would not be in the best interest of the students of the school system; or (2) that the conditions precedent to intervention exist as provided in this section and that the WVBE had previously intervened in the operation of the same school system and had concluded that intervention within the preceding five years.

W. Va. Code R. § 126-13-9 Continuous Improvement and Strategic Planning

9.1. Purpose. It is the responsibility of all school systems and individual schools, regardless of performance, to have viable structures and processes for improving the quality and equity of student performance. As specified in W. Va. Code §18-2E-5, continuous improvement shall be addressed as part of the accreditation processes.

9.2. School System Continuous Improvement. Every school system must model those quality improvement processes expected of schools. That includes having clear beliefs about teaching and learning that guide school system decisions, a focused mission that establishes a unified direction, and goals derived from an organized process of data analysis and study of programs and processes. Ultimately, the school system’s improvement process must determine how school system leadership, resources, services, supports, and policies can be best utilized to improve the school and classroom learning conditions that impact student performance. W. Va. 126CSR42, WVBE Policy 2510: Assuring the Quality of Education: Regulations for Education Programs, hereinafter Policy 2510, outlines specific requirements for managing the continuous improvement processes at the school system level. For school accreditation and accountability, the school system continuous improvement process must include the following:

9.2.a. Requirements.

9.2.a.1. Analysis of Accountability Data. As a basis for continuous improvement and strategic planning, every school system must conduct a thorough analysis of accountability data. This includes analysis of individual school data as well as composite data for the entire school system. Analysis processes address each area of the WVAS and are designed to determine both areas that must be addressed system-wide and areas that must be a priority for individual school support. In addition, school systems must analyze personnel evaluation data in order to target individualized professional learning at the school level.

9.2.a.2. Support for Schools earning a D or F Performance. Schools earning a D or F performance rating are operating below acceptable standards for a thorough and efficient system of public education. The school system is obligated to address the needs of these schools through school system continuous improvement processes and the system strategic plan.

9.2.a.3. Support for Schools with Accreditation Findings. During annual and cyclical review processes, schools with accreditation findings are expected to address these areas within timelines established by the WVBE. It is the responsibility of the school system to work with these schools to ensure that all deficiencies are addressed. In cases where deficiencies are widespread within the school system as noted in the OEPA exit review report, those areas must be addressed in the school system continuous improvement processes and in the school system strategic plan.

9.2.b. School System Strategic Planning.

9.2.b.1. Purposes. The school system strategic plan is the core document for identifying and communicating the school system’s priorities for improvement that lead to improved performance in all schools and assuring that no school has a performance designation of less than a C.

9.2.b.2 Development Process. The school system strategic plan is developed using an electronic format provided by the WVDE, as approved by the WVBE. The plan is guided and written by educational personnel and stakeholders in accordance with Policy 2510. Related to accreditation and accountability processes, the school system strategic plan includes (1) analysis of accountability data as outlined in the WVAS including personnel evaluation data in order to target individualized professional learning at the school level; (2) strategies to provide targeted support and technical assistance for schools with a D or F performance grade; (3) support for any schools with findings and directives from the WVBE resulting from an accreditation review; and (4) strategies for improving the overall performance of all schools.

9.2.b.3. Contents. The contents of the school system strategic plan are determined by the school system under the direction of the county superintendent. At a minimum, the plan includes core beliefs, mission, goals, measurement evidence, action steps, professional development and technical assistance.

9.2.b.4. Revision. Revisions to the strategic plan are made annually as new data and information indicate and in circumstances when there are directives of the WVBE as outlined in this policy.

9.2.b.5. Approval of the county board of education. As the core document for school system direction, the school system strategic plan is approved through formal action of the county board of education.

9.2.b.6. Approval of the WVBE. The school system strategic plan, once approved by the county board of education, is electronically submitted to the WVDE for review and presented to the WVBE for approval.

9.3. School Continuous Improvement. Each school is accountable for implementing continuous improvement and strategic planning as outlined in Policy 2510 and to work toward achieving high levels of student performance as specified below:

9.3.a. Create a Structure and Process for Continuous Improvement. Each school must create a process and structure for managing improvement that is appropriate to the needs and size of the school. This process should include: (1) a designated team or committee(s) who orchestrate the school’s improvement efforts; (2) a process of using data and information to determine needs; and (3) on-going professional development and research on how to best improve school and classroom processes and strategies. The improvement process is facilitated by the principal but involves teachers, staff, and stakeholders in decision-making and leadership roles. The principal makes improvement a focus by developing staff collective knowledge of needs and by developing an understanding of and commitment to the school’s improvement priorities.

9.3.b. Analyze Student Performance Data. School improvement priorities are grounded in analysis of student performance data. Analysis is guided by the school system but must include in-depth review of school accountability data and other data sources appropriate to the programmatic level of the school.

9.3.c. Assess School and Classroom Learning Conditions. To improve student performance, the school staff and stakeholders must determine how to modify existing school and classroom learning conditions (as defined in Policy 2322 and other WVBE policies) through thoughtful self-study, meaningful conversations, and a facilitated decision-making process. It is recommended that each school use information and data provided by the school system, RESAs, the WVDE, or other entities to complete the self-study. Ultimately, the self-study must assist staff in determining the root causes of student performance deficits and help determine changes needed in school and classroom practice. At a minimum, every school staff must utilize (1) the School Monitoring Report (which in part is based on classroom learning conditions defined in Policy 2322) and (2) summary employee evaluation data and professional development needs to guide improvement priorities.

9.3.d. Develop and Implement the Strategic Plan. The school electronic strategic improvement plan is the culmination of a school’s self-study of student performance data and school and classroom learning conditions. The strategic plan format is determined by the WVDE, as approved by the WVBE. The school plan is developed according to the following:

9.3.d.1. The plan must include the school’s core beliefs, mission, goals, measurement evidence, action plan, and professional development needs.

9.3.d.2. The plan is developed under the direction of the principal with collective involvement and input from the staff and the LSIC.

9.3.d.3. The strategies and action plan incorporated into the plan are based on examination of best practices and innovative approaches to improving student performance and addressing student needs.

9.3.d.4. All members of the school staff are responsible for implementing the plan.

9.3.d.5. The principal is responsible for monitoring the implementation of the plan and for communicating progress to staff and stakeholders.

9.3.d.6. The plan is updated and revised as data and information dictate based on the tenets of continuous improvement. Annual updates to the plan must consider the OEPA School Monitoring Report when this report identifies deficits in quality or compliance.

9.3.e. School System Responsibilities for School Continuous Improvement. The school system has the following responsibilities:

9.3.e.1. Ensure each school is led by a principal who is knowledgeable of continuous improvement processes and capable of leading effective improvement efforts. Principal must understand the value of fair and accurate personnel performance evaluations as an effective, continuous improvement effort to drive professional learning at the school level;

9.3.e.2. Build school capacity for improvement through supporting effective school improvement teams, self-study processes, and school-based professional development;

9.3.e.3. Assist schools in creating schedules and allocating time for staff to work on school improvement efforts;

9.3.e.4. Establish direction and expectations through school system goal-setting grounded in analysis of student performance data;

9.3.e.5. Review and approve school strategic plans and monitor implementation of the plans including providing direction on data to be analyzed, information to be reviewed, local priorities to be addressed, and outcomes to be achieved;

9.3.e.6. Ensure school strategic plans are developed and implemented through collaborative processes that build staff knowledge, understanding, and commitment to the school’s improvement priorities;

9.3.e.7. Differentiate school system supports and assistance according to school needs in order for each school to improve and for each school to meet a C or higher level of student performance; and

9.3.e.8. Verify to the WVDE that all school plans have been submitted, reviewed, and approved by the county superintendent or designee.

9.4. WVBE Responsibilities for School and School System Continuous Improvement. The WVBE is responsible for creating processes to support and monitor continuous improvement through the following entities:

9.4.a. The WVDE. The WVDE is responsible for:

9.4.a.1. Creating and distributing the electronic template, as approved by the WVBE, through which the school and school system strategic plan is recorded;

9.4.a.2. Establishing timelines for the submission of the school and school system strategic plans;

9.4.a.3. Monitoring school system plan submissions to ensure that plans include the core components outlined in WVBE Policy and W. Va. Code;

9.4.a.4. Providing leadership and technical assistance on effective continuous improvement and strategic planning processes;

9.4.a.5. Providing data, tools, and resources that support effective continuous improvement and strategic planning processes; and

9.4.a.6. Providing input and feedback on the contents of school system strategic plans for those school systems that have not achieved Full Approval status, or for any other school system where the WVDE believes appropriate.

9.4.b. The OEPA. The OEPA is responsible for monitoring and reporting the submission of school and school system plan revisions when such plan revisions result from WVBE directives and accreditation findings.

9.4.c. The WVDE, RESAs, and the West Virginia Center for Professional Development. These agencies are responsible for responding to regional and statewide school and school system professional development needs as identified in the school and school system strategic plans and from reports compiled as a result of the OEPA accreditation reviews.

W. Va. Code R. § 126-13-10 Rewards and Recognition

10.1. Purposes. The purposes of the WVBE rewards and recognition program are (1) to focus public attention on the quality efforts of West Virginia educators through a prestigious and public process of recognition and (2) to reward schools that exhibit the highest levels of school quality and/or improvement in student performance and school quality as determined through the school accreditation process.

10.1.a. Recognitions. Recognition is awarded to schools achieving: (1) the highest level of accreditation as reflected in student performance and other multiple measure in the WVAS or (2) improvement in student performance and other multiple measures resulting in grade level increase.

10.1.b. Criteria. During accreditation process, all performance grades will be verified by the OEPA. This verified status will form the basis of the West Virginia reward and incentive system. The criteria for recognition follow:

10.1.b.1. Award for Highest Performance. The award is given to any school earning the A performance grade as determined by the WVAS and verified by the OEPA;

10.1.b.2. Award for Progress. The award is given to any school achieving a one grade level performance improvement from one year to the next as determined by the WVAS and verified by the OEPA. To be eligible for the Progress award, a school must achieve at least a C performance level.

10.1.c. Rewards/Recognition. Schools earning awards for either high performance or progress will be recognized through a public recognition program, and by such other method or means authorized by the Legislature or WVBE.

W. Va. Code R. § 126-13-11 Needs Analysis, Capacity Building, and Efficiencies

11.1. Purpose. W. Va. Code §18-2E-5 requires the WVBE to provide a method for assessing school and school system needs including resources, facilities, capacity building, and efficiencies. This requirement is derived from the requirement for and definition of a thorough and efficient system of public education and based on the assurance that resources are targeted strategically to improve student performance.

11.2. Elements. Capacity Building and Resources.

11.2.a. Capacity building. To ensure efficiency, capacity building determinations must be made with respect to the best use of existing human resources to improve teaching and learning. The accreditation process will monitor the school system’s (1) efforts to attract and retain high quality personnel, (2) processes and supports put in place to advance the individual and collective skills of staff through professional growth, (3) processes for developing and placing high quality leaders in each school, and (4) processes for developing continuous improvement that enables the principal and staff to collectively assess and improve the quality of school and/or classroom practices.

11.2.b. Resources. A thorough and efficient system of schools requires the provision of an adequate level of appropriately managed resources. The WVBE requires the OEPA to include resource evaluation as a part of the accreditation and evaluation process. This process exists to meaningfully evaluate the needs for facilities, transportation, personnel, curriculum, equipment, and materials in each of the county’s schools and how those resources impact programs and student performance. The WVBE hereby recognizes that W. Va. Code §18-2E-5 adopts resource evaluation as one of the necessary steps to make determinations for needed capacity building to improve efficiency and establish priorities for additional resource needs when the educational program of a school or school system fails to meet the performance and process standards.

11.3. Reporting Process.

11.3.a. The WVBE shall recommend to the appropriate body including, but not limited to, the Legislature, county boards, schools, and communities methods for targeting resources strategically to eliminate deficiencies identified in the assessment and accountability processes, including but not limited to the following methods:

11.3.a.1. Examining reports and electronic strategic improvement plans regarding the performance and progress of students, schools, and school systems relative to the standards and identifying the areas in which improvement is needed;

11.3.a.2. Determining the areas of weakness and of ineffectiveness that appear to have contributed to the substandard performance of students or the deficiencies of the school or school system;

11.3.a.3. Determining the areas of strength that appear to have contributed to exceptional student, school, and school system performance and progress, and promoting their emulation throughout the system;

11.3.a.4. Requesting technical assistance from the School Building Authority in assessing or designing comprehensive educational facilities plans;

11.3.a.5. Recommending priority funding from the School Building Authority based on identified needs;

11.3.a.6. Requesting special staff development programs from the Center for Professional Development, the Principals’ Academy, higher education, RESAs, and county boards of education based on identified needs;

11.3.a.7. Submitting requests to the Legislature for appropriations to meet the identified needs for improving education;

11.3.a.8. Directing county boards to target their funds strategically toward alleviating deficiencies;

11.3.a.9. Ensuring that the need for facilities in counties with increased enrollment is appropriately reflected and recommended for funding;

11.3.a.10. Ensuring that the appropriate person or entity is held accountable for eliminating deficiencies; and

11.3.a.11. Ensuring that the needed capacity is available from the state and local level to assist the school or school system in achieving the standards and alleviating the deficiencies.

11.3.b. Resource evaluation is a part of the education performance audit and will lead to recommendations identifying areas in which additional capacity is needed by the school system or school. Corrective measures to be taken in response to any identified resource deficiencies will be subject to the feasibility of modifying existing facilities, availability of funding, and prioritization of educational needs.

11.3.c. Facilities and equipment specified in W.Va. 126CSR172, Policy 6200, Handbook on Planning School Facilities, hereinafter Policy 6200, Chapters 1 through 14, are available in all schools, classrooms, and other required areas. A determination will be made by using the Process for Improving Education (W. Va. Code §18-2E-5) whether any identified deficiencies adversely impact and impair the delivery of a high quality educational program due to inadequacies or inappropriate management in the areas of facilities, equipment, and materials. The OEPA teams shall utilize an assessment instrument for the evaluation of school facilities which generally follows the requirements of Policy 6200. Corrective measures to be taken in response to any identified resource deficiency will, of necessity, be subject to the feasibility of modifying existing facilities, consideration of alternative methods of instructional delivery, availability of funding, and prioritization of educational needs through the Ten-Year Comprehensive Educational Facilities Plan and the School Building Authority. This policy does not change the authority, judgment, or priorities of the School Building Authority which is statutorily responsible for prioritizing “Need” for the purpose of funding school improvements or school construction in the State of West Virginia or the prerogative of the Legislature in providing resources. (Policy 6200 and Tomblin v. Gainer)

W. Va. Code R. § 126-13-12 Communication of Performance Grades and Approval Levels

12.1. Purpose. Implement a system of public notification which clearly communicates the level of quality of each West Virginia school and school system to parents, the public, and the educational community.

12.2. Process and Responsibilities. The WVBE, the OEPA, school systems, and schools are responsible for communicating the performance levels of schools using the A-F grading system.

12.2.a. The WVBE. The WVBE approves school performance grades and school system approval levels based on the OEPA verification processes. Once approved, all grades will be communicated to schools and school systems, released to all appropriate media, and posted on the WVDE website in a prominent place accessible to the public.

12.2.b. The OEPA. The OEPA will publish all school performance grades and school system approval levels in an electronic Annual Report of West Virginia School and School System Ratings. This report of ratings will be used as a composite examination of school quality and will be reported to the Legislature, the WVBE, and the public. The report of ratings will be released to all appropriate media and will be posted in a prominent place accessible to the public on the OEPA website.

12.2.c. School System. The county superintendent of schools will report school performance level grades and the school system approval rating to the county board of education during a county board of education meeting within 60 days of WVBE action regarding status. This report will include an explanation of the accreditation levels and the potential implications for school system planning. The school and school system ratings will be posted in a prominent place accessible to the public.

12.2.d. Schools. The principal will communicate the school performance level designation to the school faculty senate and LSIC, including applicable parent organizations, during the next regular meeting of each entity after WVBE approval of the rating. This report will include an explanation of the performance level rating and the potential implications for school strategic planning. The school accreditation level will be posted in a prominent place accessible to the public.

W. Va. Code R. § 126-13-13 Operation of the OEPA

13.1. Purpose and Scope. The OEPA is one agency through which the WVBE fulfills its responsibility to generally supervise West Virginia public schools and school systems. This is carried out through reviewing the processes and procedures associated with annual, cyclical, and special circumstance reviews.

13.2. Supervision. The OEPA operates under the direct supervision of the WVBE, independent of the functions and supervision of the WVDE and state superintendent of schools. The OEPA reports directly to the WVBE in carrying out its duties.

13.3. Operations. The OEPA is headed by a director appointed by the WVBE who serves at the will and pleasure of the WVBE. The WVBE organizes and sufficiently staffs the office to fulfill the duties assigned to it by law and by the WVBE. Employees of the WVDE who are transferred to the OEPA shall retain their benefits and seniority status with the WVDE. The OEPA operates within a budget stipulated by the WVBE and supervised by the executive director of the OEPA. The WVDE acts as the fiscal agent for the OEPA; all allocation of and approval of the expenditure of funds rests under the authority of the director of the OEPA. Under the direction of the WVBE, the OEPA receives support provided by the WVDE information systems staff on research and data analysis of student, school, and school system performance and progress. Further, the OEPA receives assistance, as determined by the WVBE, from the WVDE, RESAs, Center for Professional Development, Principals’ Academy, and School Building Authority to carry out the duties assigned to the office.

13.4. Duties. In addition to other duties which may be assigned to it by the WVBE, statute, W. Va. Code §18-2E-5 identifies the following duties of the OEPA:

13.4.a. Assures that all statewide assessments of student performance used as annual performance measures are secure as required in Code and policy;

13.4.b. Administers all accountability measures as assigned by the WVBE, including, but not limited to processes for the accreditation of schools, the approval of school systems and recommendations to the WVBE;

13.4.c. Determines, in conjunction with the assessment and accountability processes, what capacity may be needed by schools and school systems to meet the standards established by the WVBE and recommend to the WVBE plans to establish those needed capacities;

13.4.d. Determines, in conjunction with the assessment and accountability processes, whether statewide system deficiencies exist in the capacity of schools and school systems to meet the standards established by the WVBE, including the identification of trends and the need for continuing improvements in education, and report those deficiencies and trends to the WVBE;

13.4.e. Determines, in conjunction with the assessment and accountability processes, staff development needs of schools and school systems to meet the standards established by the WVBE and make recommendations to the WVBE, the Center for Professional Development, the RESAs, the West Virginia Higher-Education Policy Commission and the county boards;

13.4.f. Identifies, in conjunction with the assessment and accountability processes, school and school system best practices that improve student, school, and school system performance and make recommendations to the WVBE for recognizing and rewarding schools and school systems and promoting the use of best practices. The WVBE provides information on best practices to school systems and uses information identified through the assessment and accountability processes to select schools for recognition; and

13.4.g. Jointly with the WVDE develops the West Virginia Accountability System Methodology guidance document WVDE will utilize in calculating, the OEPA will utilize in verifying, and the WVBE will utilize in determining and communicating grades as specified in Section 2.4.b.2. of this policy.

13.5. Responsibilities.

13.5.a. Conduct annual electronic reviews of all schools. These reviews verify the schools’ performance grades and gather information on policy and Code compliance; adherence to Policy 2322; resource, facility, capacity building needs; and school best practices. The OEPA manages all aspects of this process including preparation of tools, communication to schools, and internal facilitation of the electronic review process.

13.5.b. Conduct cyclical on-site reviews of all schools and school systems. These reviews investigate the accuracy of annual school electronic reviews and evaluate school system compliance with policy and Code. The OEPA will manage all aspects of this process including selection of team members, professional development of team members, recommendation of schedules to the WVBE, development of review tools and processes, and advance communication to schools and school systems,

13.5.b.1. Review Team Membership. On-site review team members are selected based on expertise in school high quality learning conditions and knowledge of school and county policy and Code. The size of the team is commensurate with the size of schools and school systems being reviewed. All teams include members with experience in the programmatic area of the schools to be visited and such professionals as teachers, principals, counselors, central office staff, WVDE, and other personnel unless specifically precluded by WVBE policy and/or Code.

13.5.b.2. Review Team Professional Development. Except in emergencies, all team members serving on on-site reviews are required to successfully participate in a comprehensive audit training program. Annual accreditation training programs are held to develop (1) an understanding of the goals, premises, and tenets on which accreditation processes are based; (2) team member knowledge of the Policy 2322 and the indicators and evidence appropriate for judging verification; (3) understanding core policy and Code requirements and the appropriate evidence to determine compliance; and (4) the process skills of interviewing, information gathering, and consensus building that allow the team to fairly and accurately provide feedback to the school and school system.

13.5.c. Conduct special circumstance reviews. The OEPA conducts interim on-site reviews of schools and school systems at the specific direction of the WVBE upon its determination that circumstances exist that warrant such reviews. The OEPA will complete these reviews and manage processes according to the unique circumstance of each special review. Any discussion by the WVBE of schools or school systems to be subject to an on-site review or dates for which on-site reviews will be conducted may be held in executive session and are not subject to the provisions of W. Va. Code §6-9a-1, et seq. relating to open governmental proceedings.

13.5.c.1. Process for special circumstance reviews. A special on-site review is conducted by the OEPA of a school or school system for the purpose of making recommendations to the school and school system, as appropriate, and to the WVBE on such measures as it considers necessary. The on-site review may include, but is not limited to, the following: (1) verifying data reported by the school or school system; (2) examining compliance with the laws and policies affecting student, school and school system performance and progress; (3) evaluating the effectiveness and implementation status of school and school system electronic strategic improvement plans; (4) investigating official complaints submitted to the WVBE that allege serious impairments in the quality of education in schools or school systems; (5) investigating official complaints submitted to the WVBE that allege that a school or county board of education is in violation of policies or laws under which schools and county boards of education operate; (6) determining and reporting whether required reviews and inspections have been conducted by the appropriate agencies, including, but not limited to, the State Fire Marshal, the Local Health Department, the School Building Authority, and the responsible divisions within the WVDE, and whether noted deficiencies have been or are in the process of being corrected; and (7) examining county board of education intervention, support and capacity building in schools with a D or F designation when such local actions have failed to cause acceptable increases in student performance as measured by the WVAS. The Director of the OEPA notifies the county superintendent of schools five school days prior to commencing a special on-site review of the school system and notifies both the county superintendent and the principal five school days before commencing an on-site review of an individual school: provided, that the WVBE may direct the OEPA to conduct an unannounced on-site review of a school or school system if the WVBE believes circumstances warrant an unannounced on-site review.

13.5.c.2. Reporting. At the conclusion of a special on-site review of a school system, the OEPA holds an exit conference with the superintendent and shall provide an opportunity for principals to be present for at least the portion of the conference pertaining to their respective schools. In the case of an on-site review of a school, the exit conference is held with the principal and other school personnel as feasible and the superintendent is provided the opportunity to be present. The purpose of the exit conference is to review the initial findings of the on-site review, clarify and correct any inaccuracies, and allow the opportunity for dialogue between the reviewers and the school or school system to promote a better understanding of the findings. The OEPA reports the findings of an on-site review to the county superintendent and the principals whose schools were reviewed within 30 days following the conclusion of the review. The OEPA reports the findings of the on-site review to the WVBE within a reasonable amount of time after the conclusion of the on-site review.

13.5.d. Utilize an early detection system. As part of the annual school review process, the OEPA utilizes an early detection system as specified in W. Va. Code §18-2E-5. This system uses information provided by the WVDE on such areas as student performance, pupil safety and well-being, personnel, finance, and other areas that may signify cause for early intervention by the WVBE or for support by such entities as the WVDE, RESAs, the Center for Professional Development, or the school system central office.

13.5.e. Prepare reports and recommendations resulting from annual, cyclical, and special reviews. These documents organize data and information in formats from which the WVBE can make decisions, issue appropriate directives, and communicate important trends or findings to educators, stakeholders, and policy makers.

W. Va. Code R. § 126-13-14 General Appeals Procedure

14.1. General rules. The following procedure prescribed by the WVBE and implemented by the Director of the OEPA governs the disposition of administrative proceedings, the hearing of appeals, controversies, and disputes arising from the school accreditation status, and the school system approval status. The appeals procedure is promulgated to assure procedural due process and expeditious processing and resolution of school accreditation status and school system approval status appeals.

14.1.a. Parameters. The appeals procedure governs school accreditation status and/or school system approval status. The appeal may address inaccuracy in findings relative to performance ratings, compliance with policy and Code, performance grade certification of schools, and other areas outlined in the final report issued by the OEPA as determined from data and/or on-site review.

14.1.b. Appeal Levels. A school system has five days upon receipt of the impending designation to appeal to the OPEA. The school system must use the designated appeals forms provided from the OEPA.

14.1.b.1. Level I. Upon receipt of the written appeal, the Director of the OEPA, or designee, will review the appeal. A written decision will be rendered and sent to the school system within five working days of receipt of the appeal.

14.1.b.2. Level II. If the school or school system is dissatisfied with the decision at Level I, it may request (within five working days of receipt of the Level I decision) a hearing before the Director of the OEPA, or designee with a written decision rendered within five working days of the hearing.

14.1.b.3. Level III. If the school or school system is dissatisfied with the decision at Level II, it may submit an appeal (within five working days of receipt of the Level II decision) to the WVBE to be considered within 60 days. The WVBE’s review and decision is based on the record of Levels I and Level II of the appeals process and is final.

14.1.c. Reporting. The WVBE reports all appeals received through the preceding school year to the West Virginia Legislative Oversight Commission of Education Accountability during its annual July meeting.

W. Va. Code R. § 126-13-15 Severability

15.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 013A Standards For Educational Quality (2320)

W. Va. Code R. § 126-13A-1 General

1.1. Purpose. -- In adopting this policy, the state board believes that most county boards of education now are providing quality education programs and thus are worthy of full approval status. This policy provides the framework to enhance quality education, primarily through improvements based upon locally identified needs and priorities.

Educational standards are established in twelve (12) areas: curriculum, educational personnel development, facilities and equipment, finance, food services, instruction, organization and administration, personnel management, planning and evaluation, school and community relations, students, and transportation. Using the accreditation process described in this policy, the county will determine its compliance with these high quality standards. This benchmark information will be used as the foundation upon which to develop an annual county plan for educational excel- Ience. The county plan reflects excellence because the county also will include improvements which address locally identified needs and priorities above the high quality standards.

1.2. Authority. -- W. Va. Code §18-9A-22

1.3. Filing Date. -- May 1, 1987

1.4. Effective Date. -- July 1, 1987

W. Va. Code R. § 126-13A-2 County Accreditation Process

2.1. The implementation of a county accreditation process requires new assessment, planning, and developmental efforts by county boards of education, plus an increased commitment to evaluation, planning, and technical assistance by the West Virginia Board of Education. Therefore, the state board assures counties that the state department of education will provide technical assistance on an individual, county, regional, or statewide basis as needed, desired, and available.

W. Va. Code R. § 126-13A-3 County-Wide Assessment Program

3.1. Each county board of education, through its superintendent and staff, will conduct county-wide assessments to determine local needs and priorities upon which the county plan for educational excellence will be based. These assessments will determine compliance with the standards of educational quality and also will be used to establish local needs and priorities.

3.2. To determine compliance with the standards, each county will annually use indicators of attainment checklists) which are approved by the West Virginia Board of Education and are based on law or state board policy. In order to comply with a standard, the county must provide a positive response to each indicator of attainment for that standard. A positive response may be given if one (1) of the following conditions is met:

a. the indicator is complied with as stated, or b. the indicator is complied with through alternatives, with an explanation provided as to how the intent of the indicator is met, or c. the indicator is not fully met; however, it will be attained within one (1) year as described in a reasonable plan of action.

3.3. The county board of education will use information available from school assessments, countywide assessments, student evaluation programs, classification of schools, and other sources to determine its local needs and priorities as related to the criteria of excellence.

W. Va. Code R. § 126-13A-4 County Plan for Educational Excellence

4.1. A four (4) year county plan for educational excellence, amended and renewed annually, will be prepared by the county superintendent and staff. Upon approval by the county board of education, it will be submitted to the state department of education by July 1, each year. =-

4.2. The county plan first will address standards which have not been met by describing how and when compliance is expected to be attained. Secondly, the plan will include improvement components which address locally identified needs and priorities and which describe efforts to meet the criteria of excellence.

Improvement components must be consistent with locally identified needs and priorities. It is not necessary to include an improvement component for each standards. vj4.3. The format of the county plan for education excellence will be in accord with directions provided by the state superintendent of schools. The county plan will incorporate plans required for instructional improvement required by §18-9A-10 and will include a summary of the plans required for Chapters 1 and 2 of the Education Consolidation and Improvement Act of 1982, Assessment, Improvement and Monitoring Systems (AIMS), continuing education, vocational education, and special education.

4.4. School advisory councils or active parentteacher organizations shall review and advise the principals on the schools' improvement priorities, which then are submitted to the county superintendent for consideration in the development of the county plan. The county educational advisory council will review the plan prior to the plan's adoption by the county board of education. .

W. Va. Code R. § 126-13A-5 Review of Plans

Each county plan for educational excellence will be reviewed by the West Virginia Department of Education to (a) verify compliance with standards and (b) verify that the improvement components address locally identified needs and priorities. In reviewing the plan, the department may request additional information and, for just cause, request modification to the plan. An opportunity for the county to reconcile any differences will be provided by the department prior to consideration of the plan by the state board.

W. Va. Code R. § 126-13A-6 On-Site Review

6.1. A comprehensive on-site review of each county's educational program will be conducted every four (4) years. The selection of counties for on-site reviews will be made by the state superintendent of schools.

6.2. Review teams shall consist of department of education personnel who have been involved in the county's review process, and persons with expertise in each of the twelve (12) standard areas and shall include the following: county board of education members, county administrators, principals, teachers, special educators, vocational educators, school service employees, parents, lay citizens, regional education service agency staff and higher education staff. None of these persons, other than state department of educational personnel, will be from or closely associated with the county to be reviewed. It is recommended that review team members employed by county boards of education be granted paid leave for this activity.

6.3. The state superintendent of schools will appoint review team members. All team members will receive training to insure adequate preparation and objective reviews. All allowable travel expenses for review team members will be paid by by the West Virginia Department of Education.

6.4. The purpose of the on-site review will be to (a) verify compliance with standards, (b) verify that the improvement components address locally identified needs and priorities, (c) verify progress in meeting the criteria of excellence and (d) make recommendations for improving county-wide assessments and educational programs.

6.5. If during an on-site review a county is found to be in noncompliance with one (1) or more indicators, the county shall have the opportunity to provide a written plan for compliance within thirty (30) days of receipt of the draft written report. If an acceptable plan is presented to the West Virginia Department of Education, the county will receive a rating of "3" for that indicator and shall have twelve (12) calendar months to implement the improvement plan. During that time, a county may request that appropriate department staff return to the county to verify its completion of the plan(s) for compliance. If compliance is verified, a recommendation can be made to the West Virginia Board of Education, through the state superintendent of schools, to change the recognition status of the county.

6.6. Required monitoring and/or evaluation of

Chapter(s) 1 and 2 of the Education Consolidation and Improvement Act of 1981, school classification, continuing education, school food services, special education, and vocational education programs will be conducted simultaneously with the county's on-site review. --

W. Va. Code R. § 126-13A-7 Recognition Status

7.1. A recognition status for each standard will be determined by the West Virginia Board of Education and will be based upon the findings of the state superintendent's review of the county's plan for educational excellence. However, when an on-site review is conducted, a recognition status for each standard will be based primarily upon the recommendation of the onsite review team. Under both procedures there will be a reconciliation process through which the county board of education will be notified of its pending recognition statuses and will be provided an opportunity to request reconsideration and/or an appearance before the state board. Recommendations to the state board regarding recognition statuses will be through the state superintendent of schools.

7.2. The state board of education will issue a recognition status of full approval, substantial full approval, probationary or nonapproval for each standard to each county board of education. The state superintendent of schools will annually provide a report to the West Virginia Legislature specifying the recognition statuses of the respective counties, improvements made the previous year, identified fiscal needs, and request for priority funding.

7.3. A recognition status for each standard will be determined according to the following criteria.

7.3.1. Full approval status. A county board of education will receive full approval status for a standard if the following conditions have been met:

a. the county has submitted a plan for educational excellence which demonstrates full compliance with all of the indicators of attainment in the respective standard, and b. an on-site review has been conducted with the results verifying compliance with the indicators of attainment in the respective standard.

Counties may receive full approval status for a standard for a period not to exceed four (4) years. If, during the approved period, there is reasonable cause to believe that the county has not met all the indicators of attainment in the respective standard, the state board may review the county's status.

A county board of education may receive full approval with commendation for a standard upon recommendation of the on-site review team and the state superintendent of schools.

7.3.2. Substantial full approval status. A county board of education will receive substantial full approval status for a standard if:

a. all conditions identified under full approval, with the exception of an on-site review, have been satisfied, or b. all conditions identified under full approval have been satisfied except that one (1) or more of the indicators of attainment have not been fully met but will be attained within one (1) year, as described in a reasonable plan of action.

7.3.3. Probationary status. The county board of education will receive probationary status for a standard if:

a. the county is not in compliance with all of the indicators of attainment in the respective standard, or b. the county had received substantial full compliance status the previous year and did not meet its plan(s) to fully comply with the designated indicator(s) of attainment.

7.3.4. Nonapproval status. A county board of education will receive nonapproval status for a standard if:

a. the county has not submitted a plan, or b. the county has submitted a plan which has no improvement components, or c. the county has submitted a plan that does not describe how and when compliance with the indicators of attainment in the respective standard will be attained, or d. the county has not demonstrated reasonable effort to meet the indicators of attainment in the respective standard. =

W. Va. Code R. § 126-13A-8 Implementation

8.1. This policy will be effective July 1, 1983.

Pursuant to §18-9A-22, the West Virginia Board of Education hereby adopts educational standards in the following areas: curriculum, educational personnel development, facilities and equipment, finance, food services, instruction, organization and administration, personnel management, planning and evaluation, school and community relations, students, and transportation. Standards for special education and textbooks which are specified in §18-9A-22 are included in one (1) or more of these areas. Although these high quality standards address all operations of the public schools, specific regulations of the state board of education will be considered on an independent basis. Changes in such regulations subsequently will be reflected in the standards and the assessment thereof.

8.2. Policy §2320, Standards for Educational Quality, adopted by the West Virginia Board of Education, provides that the standards are measured by indicators of attainment approved by the state board. The twelve (12) standards and components (1.1, 1.2, 2.1, etc.) are provided along with the respective indicators of attainment (1.1a, 1.2a, 2.1a, etc.).

Indicators of attainment are based on law or the policies of the West Virginia Board of Education. As law or policies change, the indicators will be updated to reflect such changes.

W. Va. Code R. § 126-13A-9 Standards

Pursuant to §18-9A-22, the West Virginia Board of Education hereby adopts educational standards in the following areas: curriculum, educational personnel development, facilities and equipment, finance, food services, instruction, organization and administration, personnel management, planning and evaluation, school and community relations, students, and transportation. Standards for special education and textbooks which are specified in §18-9A-22 are included in one (1) or more of these areas. Although these high quality standards address all operations of the public schools, specific regulations of the state board of education will be considered on an independent basis. Changes in such regulations subsequently will be reflected in the standards and the assessment thereof.

Curriculum

9.1. The county board of education shall establish a curriculum of planned learning experiences based on the academic needs of students at the early, middle, adolescent, and adult levels of education.

9.1.1. The county has a written philosophy regarding curriculum, conducts a curricular needs assessment which is used for making curricular decisions, and bases its educational program on the early, middle, adolescent and adult stages of development.

9.1.2. The county curriculum addresses the Educational Goals for West Virginia.

9.1.3. The county curriculum includes programs of study and learning outcomes required by state statute and state board of education policy.

9.1.4. An individualized education program (IEP) is in effect for every exceptional student receiving special education and related services.

9.1.5. The county curriculum includes vocational and technical education programs that meet the identified occupational training needs at the adolescent and adult levels of education.

9.1.6. The county curriculum provides adult basic and community education programs subject to need and available resources.

Educational Personnel Development

9.2. The county board of education shall promote the continuous professional growth, certification, and licensure of its professional and service personnel.

9.2.1. The county develops and implements jobrelated training programs for professional and service personnel.

9.2.2. Public school training of students enrolled in teacher preparation programs is governed by county policy and regulations.

Facilities and Equipment

9.3. The county board of education shall provide, furnish, and maintain buildings, grounds, and equipment sufficient to carry out its educational program.

9.3.1. Buildings, grounds, furnishings, and equipment provide a healthy and safe environment.

9.3.2. Renovations, additions, and new construction conform to the county's comprehensive educational facilities plan and the Handbook on Planning School Facilities.

9.3.3. Buildings, grounds, furnishings, and equipment support the educational program.

Finance

9.4. The county board of education shall establish an efficient system of fiscal management.

9.4.1. The county board of education has a system of fiscal management which provides for accrual accounting and responsible purchasing, payroll, fiscal control, and investment practices.

9.4.2. Utilizing public input, the county board of education prepares an annual budget which reflects its planned educational improvements within reyenue available.

Food Services

9.5. The county board of education shall provide food services designed to meet the nutritional needs of students.

9.5.1. Food service programs meet applicable state and federal nutrition standards.

9.5.2. Foods available for sale to students during the school day comply with established state standards of nutritional quality.

Instruction

9.6. To the extent resources allow, the county board of education shall provide an instructional program based upon its curriculum, student needs, and the nature of the subject matter being taught.

9.6.1. Administrative practices are implemented in accordance with state and local priorities to deliver high quality educational programs.

9.6.2. Instructional practices are implemented in accordance with successful educational practices, research and development findings, and local policies and procedures.

9.6.3. Learning activities are designed to accomplish the educational goals for each program of study.

9.6.4. Instructional resources are up-to-date and aligned with the learning outcomes withing approved programs of study.

9.6.5. Adequate time is provided during classroom periods, the instructional day, and the instructional term for teaching and learning to occur. Student-teacher ratios comply with state law.

9.6.6. Instructional programs accommodate the individual differences of exceptional students.

Organization and Administration

9.7. Each county school district shall be under the supervision and control of an elected county board of education. The board, through the county superintendent of schools, shall be responsible for organizing and administering the county's educational program.

9.7.1. County board of education members are duly elected, with the board holding its meetings pursuant to state law.

9.7.2. The board maintains proper records of all board activities in a safe, secure place. Official records of the board are available to the public upon proper request.

9.7.3. Policies of the county board of education are in writing and are available to all school personnel and the general public. Policies include, but are not limited to, curriculum, instruction, finance, organization and administration, personnel, schoolcommunity relations, students, and transportation.

9.7.4. Required reports are filed at designated times with the state superintendent of schools, state tax commissioner, and other officials.

Personnel Management

9.8. The county board of education shall employ and assign qualified personnel, evaluating their performance on a regular basis. Employees shall be accorded applicable due process rights.

9.8.1. Personnel decisions are made without regard to sex, race, color, national origin, age, handicap, religion, or political affiliation. Employment vacancies are announced pursuant to county policy.

9.8.2. Probationary personnel and personnel on continuing contracts are evaluated in accordance with state board policy. - -

9.8.3. Applicable due process is accorded to personnel. --

9.8.4. Professional personnel meet the licensure/certific requirements for the positions they hold or for the subjects they teach. Service personnel are qualified for the positions they hold and are properly classified according to the duties they perform.

9.8.5. Personnel records are accurately maintained and secured.

9.8.6. Personnel have written contracts and receive the state minimum salary, plus any county salary supplement and employment benefit for which they are eligible.

Planning and Evaluation

9.9. The county board of education periodically will evaluated its educational program using that information for planning purposes.

9.9.1. The county board of education has a student evaluation program.

9.9.2. Schools are classified according to state board policy. = =

9.9.3. The board uses information from its student evaluation program, the classification of schools, county- wide assessments and school assessments to meet standards and the criteria of excellence, and other sources such as dropout studies, graduate follow-up studies, vocational placement, and facility studies for program planning.

School-Community Relations

9.10. The county board of education shall maintain a school-community relations program.

9.10.1. Meetings of the county board of education are open to the public. _

9.10.2. The board of education has established procedures for receiving information from and disseminating information to the community.

9.10.3. The county board of education communicates with school personnel.

9.10.4. The county provides students with information regarding their rights and responsibilities

9.10.5. The county provides parents of exceptional children with notification and information regarding the special education process.

Students

9.11. The county board of education shall provide services and procedural safeguards which foster the well-being of students.

9.11.1. The county has policies which govern student attendance, behavior, confidentiality of record, due process rights, nondiscrimination, promotion, and substance abuse.

9.11.2. Counseling and guidance, library/media, attendance, dropout prevention, health, and other support services are provided for the development of students.

9.11.3. Extracurricular activities provided by the county are available on a nondiscriminatory basis and are under control and supervision of the county board of education.

Transportation

9.12. The county board of education shall provide safe and efficient transportation for eligible students

9.12.1. A safe transportation system is provided eligible students.

9.12.2. School buses are maintained to operate safely and efficiently. aDE West Virginia Department of Education Capitol Complex, Charleston 25305 Henry R. Marockie, State Superintendent of Schools October 20, 1989 OFFER RF SLC CY 1903 OCT FILED The Honorable Ken Hechler MENE :11:

Secretary of State AM Capitol Complex VFG.I STATE NI:

Building 1, Room 157 Charleston, West Virginia 25305 Dear Mr. Hechler:

West Virginia Board of Education Regulation Series Number 13A (Policy 2320)

Standards for Educational Quality is being rescinded as a separate regulation policy because West Virginia Code §18-2E-5 requires only one classification system and that classification is included as part of Regulation Series Number 13 (Policy 2320)

Performance Based Accreditation. Three copies of this policy are attached.

Sincerely, 3 March Henry Marockie State Superintendent of Schools HM:ta/1310a Attachment

Series 013B Indicators Of Attainment For Standards For Educational Quality (2321)

W. Va. Code R. § 126-13B-1 General

1.1. Scope. -- Policy §2321 measures a school systems compliance/noncompliance with standards in §2320. The twelve (12) standards and components (1.1, 1.2, 2.1, etc.) are provided below along with the respective indicators of attainment (1.1a, 1.2a. 2.1a, etc.).

Indicators of attainment are based on law or the policies of the West Virginia Board of Education. As law or policies changes, the indicators will be updated to reflect such changes.

1.2. Authority. -- W. Va. Code §18-9A-22

1.3. Filing Date. -- May 1, 1987

1.4. Effective Date. -- July 1, 1987

W. Va. Code R. § 126-13B-2 Curriculum

2.1. The county board of education shall establish a curriculum of planned learning experiences based on the academic needs of students at the early, middle, adolescent, and adult levels of education.

2.2. The county has a written philosophy regarding curriculum, conducts a curricular needs assessment which is used for making curricular decisions, and bases its educational program on the early, middle, adolescent and adult stages of development.

a. The county has a written philosophy regarding curriculum at the early, middle, adolescent, and adult levels of education. (§2442.2; §2320)

b. The county's educational programs are based on the early, middle, adolescent, and adult stages of development. (§2510; §2100)

c. A professional staff member is assigned the responsibility of collecting and processing curriculum development data. (§2442.2; §2320)

d. The results of a curricular needs assessment, including results of an evaluation of the effectiveness of special education services, are used for making curricular decisions. (§2442.2; §2320; §2510; §2419)

2.3. The county curriculum addresses the Educational Goals for West Virginia.

a. Written educational goals of the county board of education address the Educational Goals for West Virginia and county needs. (§2100; §2419; §2442.2)

b. The county curriculum gives priority to the mastery of skills needed for reading, writing, speaking, reasoning, listening and using mathematics. (§18- 2-7; §2100; §2510)

2.4. The county curriculum includes programs of study and learning outcomes required by state statute and state board of education policy.

a. Required in grades K-4 in Phase 1 are: art, health, language, arts, mathematics, music, physical education, reading, bus/school safety, science, and social studies. (§18-2- 9; §2422.91; §4335; §4336; §2413; §2510)

b. Required in grades 5-8 in Phase 1 are: art, health, language, arts, mathematics, music, physical education, reading, science, social studies, library/ media, and developmental guidance. (§18-2-9; §2422.91; §2413; §2510)

c. Required in grades 9-12 in Phase 1 are: health (1 unit), English - language arts (4 units) (or English (3 1/2 units) and speech (1/2 unit), mathematics (2 units), physical education (1 unit), biology (1 unit), and social studies (3 units). (§2444.01; §2422.91; §18-2-6; §2510) = d. In Phase I choral music and instrumental music are available as electives during grades 6-8. If the county chooses to start choral music or instrumental music prior to grade 6, then those offerings must be sequential and continuous. (§18-2-9; §2510) e .. The following electives are available in grades 9-12 in Phase 1: art (2 offerings), driver education (1/2 unit), one (1) foreign language (levels 1 and 2), language arts (4 offerings), mathematics (algebra 1 & 2, geometry, trigonometry, general mathematics, and applied mathematics (one offering)), music (instrumental (winds and percussion) and choral), science (general/physical science, chemistry and physics), social studies (one offering), and typing (one offering). (§2444.01; §18-6-1, 2; §18-2-6; §2510)

Policies and written procedures are implemented to assure that general education programs of study in Phase(s) 2 and 3 of Policy §2510 are used to establish annual county priorities. Priorities are based on recommendations from program and school improvement processes and the availability of local and state funds. Priorities are identified in the county's annual plan for educational excellence. The county reports its progress toward implementing Phase(s) 2 and 3. (§2510) progress toward implementing Phase 2 and Phase 3 of the Master Plan for Public Education. This assessment will not affect a county's recognition status.

g. Written county educational goals are established for each required program of study. (§2442.2; §2320)

h. Curricula are based upon the West Virginia Board of Education's approved programs of study and specified learning outcomes. (§2442.2; §2510)

i. Students entering the first grade must either have successfully completed a public or privately-supported state- approved kindergarten or Montessori kindergarten program or have successfully completed an entrance test of basic readiness skills approved by the county board of education. (§18-2-5; §18-5-18; §18-8- 1A)

2.5. An individualized education program (IEP) is in effect for every exceptional student receiving special education and related services.

a. An individualized education program (IEP) is in effect for each exceptional student receiving special education servies. (Public Law 94-142; §18-20- 1; §2419; §2510)

b. An IEP has been developed for exceptional students placed by the county in private schools or other facilities, (Public Law 94-142; §18-20-1; §2419; §2510)

c. The following are available in grades K-12 in Phase 1: intellectually gifted instruction and instruction for other categories of exceptionality, as are determined by individualized education programs (IEPs). (§2419; §2510)

d. Special education students have available to them the variety of educational programs and services available to nonhandicapped students. (§2419)

Policies and written procedures are implemented to assure that special education programs of study in Phase(s) 2 and 3 of Policy §2510 are used to establish annual county priorities. Priorities are based on recommendations from program and school improvement processes and the availability of local and state funds. Priorities are identified in the county's annual plan for educational excellence. The county reports its progress toward implementing Phase(s) 2 and 3.

(§2510) progress toward implementing Phase 2 and Phase 3 of the Master plan for Public Education. This assessment will not affect a county's recognition status.

2.6. The county curriculum includes vocational and technical education programs that meet the identified occupational training needs at the adolescent and adult levels of education.

a. Vocational curricular offerings are available to adolescents and adults, including exceptional students. (Public Law 94-482)

b. Vocational and technical curricular offerings are based on identified occupational training needs.

(Public Law 94-482, Title 1, Section 101; §2320)

c. The following electives are available in vocational education in grades 9-12 in Phase 1: consumer ard homemaking (Surviving Today's Experiences ard Problems Successfully, Adult Roles and Functions) and offerings from four (4) service areas. (§18-2- 9; §2510)

Policies and written procedures are implemented to assure that vocational education programs of study in Phase(s) 2 and 3 of Policy §2510 are used to establish annual county priorities are based on recommendations from program and school improvement processes and the availability of local and state fu'ids. Priorities are identified in the county's annual plan for educational excellence. The county reports its progress toward implementing Phase(s) 2 and 3.

(§2510) progress toward implementing Phase 2 and 3 of the Master Plan for Public Education. This assessment will not affect a county's recognition status.

2.7. The county curriculum provides adult basic and community education programs subject to need and available resources.

a. Adult basic education classes are offered in general education development and literacy training, subject to need and available resources. (Public Law 95-561; §2310)

b. Community education programs are offered in health, education, and recreation, subject to need and available resources. (§18-2D-3; §2320) §1.26-13B-3. Educational Personnel Development.

3.1. The county board of education shall promote the continuous professional growth, certification, and licensure of its professional and service personnel.

3.2. The county develops and implements job-related training programs for professional and service personnel.

"a. The county provides continuing education for professional personnel and job-related training programs for service personnel. (§18-2-6; §5113; §5114; §5 \40; §4335; §2320; §2510; §5500)

b. All personnel are annually provided the opportunity to study multi-cultural education. (§18-5- 15a; §5500.1)

c. The county conducts orientation meetings for all teachers who will be using new materials when the county adopts new textbooks/programs. (§2320; §2510)

d. The county conducts a job-related training program for new teachers beginning with an orientation in their assigned areas of study at the beginning of the school year and continuing through the first year of employment. (§2510)

e. Staff development recommendations from the program and school improvement processes are considered by the county in the development of its annual training programs. (§2510)

3.3. Public school training of students enrolled in teacher preparation programs is governed by county policy and regulations.

a. The county has a policy regarding the county's role in the public school training of students enrolled in teacher education programs and has letters of agreement with institutions of higher education and teacher education centers and regional education service agencies regarding the training of students enrolled in teacher education programs. (§18- 2- 6; §18-2-26; §2320)

W. Va. Code R. § 126-13B-4 Facilities and Equipment

4.1. The county board of education shall provide, furnish, and maintain buildings, grounds, and equipment sufficient to carry out its educational program.

4.2. Buildings, grounds, furnishings, and equipment provide a healthy and safe environment.

a. Buildings, grounds, furnishings, and equipment are clean and free from debris. (§18-5-9; §2320)

b. Buildings, grounds, furnishings, and equipment are free from observable safety hazards. (§18-5- 9; §2320)

c. Buildings, grounds, furnishings, and equipment are maintained efficiently and promote personal health and hygiene. (§6200)

d. To the extent necessary, buildings, grounds, furnishings, and equipment are free of barriers to handicapped students. (§18-10F-3; Section 504, Rehabilitation Act)

e. The board of education has a policy providing for the eradication and/or containment of asbestos in public school facilities. (§6200)

f. The county board of education has reviewed the most recent reports of state regulatory agencies and has a plan for corrective action. (§29-3-5; §18- 10F-1 to 5; §18-3-9a) g: The county board of education has a policy on the efficient use of energy. (§6100; §2320)

4.3. Renovations, additions, and new construction conform to the county's comprehensive educational facilities plan and the Handbook on Planning School Facilities. = a. The county has on file with the state department of education a comprehensive educational facilities plan. (§18-5-10; §6200)

b. The county's comprehensive educational facilities plan is properly amended before any renovation, addition, or new construction, is started. (§6200; §2320)

c. Renovations, additions, and new construction are completed in accordance with the Handbook on Planning School Facilities. (§18-5-10; §6200)

4.4. Buildings, grounds, furnishings, and equipment support the educational program.

a. The county provides a resource center for professional development which contains professional literature, supportive materials, equipment, and supplies for materials production. (Counties may be served by multicounty resource centers.) (§2510)

b. The county provides a station for each teacher's personal effects, desk work, preparation of lesson materials, instructional aids, and lockable storage. (§2510)

c. The county provides and maintains in good condition the following equipment: video equipment, filmstrip projectors, slide projectors, previewers, audiovisual carts, cassette recorders, overhead projectors, 16 mm projectors, photo copiers, ditto machines, laminators, paper cutters, typewriters, and microcomputers and appropriate peripherals. (§251

W. Va. Code R. § 126-13B-5 Finance

5.1. The county board of education shall establish an efficient system of fiscal management.

5.2. The county board of education has a system of fiscal management which provides for accrual accounting and responsible purchasing, payroll, fiscal control, and investment practices.

a. The county board of education has a fiscal policy which provides for accrual accounting and includes purchasing, payroll, fiscal control, investment practices and individual school accounting. (§8-9B-9; §1224.1; §8352; §8353; §2320)

b. Individual school accounts are audited annually. (§1224.1)

c. If the county board of education has appointed a person other than the sheriff as its treasurer, board policy specifies the treasurer's duties and responsibilities. (§8352)

d. The county board of education authorizes the expenditure of funds and incurs obligations only in accordance with its budget. (§18-9B-10, 11)

e. Transfers between budget line items and supplemental budget appropriations are made only with the prior approval of the state board of education. (§18-9B-10, 11)

f. Personnel receive the state minimum salary and any applicable county salary supplement for the position they hold. (§18A-4-1 to 8A)

g. The superintendent, as secretary of the board, keeps a record of the payee, purpose, and amount of each check issued. (§18-5-25; §18-4-10)

h. County office fiscal and individual school accounting practices are consistent with county policy and with state policy and procedures. (§1224.1; §8100, §8352; §8353; §2320)

5.3. Utilizing public input, the county board of education prepares an annual budget which reflects its planned educational improvements within revenue available.

a. The county holds a hearing on its preliminary operating budget, making the document available to the general public at least ten (10) days in advance. (§18-5-4; §18-9B-6)

b. Subject to available revenue, the county board of education budget reflects the educational improvements identified in the county's annual plan for educational excellence. (§2320)

c. Following publication of the levy estimate, the county board of education reconvenes on the third Tuesday in April to hear objections, make any adjustments, enter the levy and adopt the budget. (§11-8- 10a, 12, 12a) =

W. Va. Code R. § 126-13B-6 Food Services

6.1. The county board of education shall provide food services designed to meet the nutritional needs of students.

6.2. Food service programs meet applicable state and federal nutrition standards.

a. All schools participating in federally supported school breakfast and/or lunch programs have approved applications on file with the county board of education. (Public Law 95-166; Public Law 96-499; §4321.1) -b. Meals served under federally supported food service programs contain components and quantities which meet or exceed state standards and applicable federal regulations. (Public Law 95-166; §18-5-37; §4321.1)

c. A nutritious breakfast is made available to all students except when a waiver has been granted the school by the state superintendent of schools. (§18- 5-37; §4321.12)

6.3. Foods available for sale to students during the school day comply with established state standards of nutritional quality.

a. Candy, soft drinks, chewing gum, or flavored ice bars are not offered for sale to students during the school day. (§4321.1)

b. The only foods available for sale in the school lunchroom or dining area during the meal periods are those approved as part of a school lunch or breakfast program. (Public Law 95-166; §4321.1)

W. Va. Code R. § 126-13B-7 Instruction

7.1. To the extent resources allow, the county board of education shall provide an instructional program based upon its curriculum, student needs, and the nature of the subject matter being taught.

7.2. Administrative practices are implemented in accordance with state and local policies to deliver high quality educational programs.

a. Each school has written policies and procedures for maintaining a climate conducive to learning and for addressing student behavior, student achievement and student homework. (§2510)

b. Each school has a continuing record of student progress for student, parent, and teacher information. (§2510)

Each school has a system for monitoring and assessing pupil performance related to learning outcomes. (effective 1988-89) (§2510) progress toward implementing Phase 2 and 3 of the Master Plan for Public Education. This assessment will not affect a county's recognition status.

7.3. Instructional practices are implemented in accordance with successful educational practices, research and development findings, and local policies and procedures.

a. The county shall provide for an instructional management system and a classroom management system that are implemented at the classroom level.

(§2510)

7.4. Learning activities are designed to accomplish the educational goals for each program of study.

a. Teachers have lesson plans which include activities designed to accomplish educational goals.

(§2442.2; §2320)

b. Classroom learning activities are consistent with the growth and developmental levels of students.

(§2442.2; §2320; §2510)

Teachers have a system for providing information to students regarding their progress toward meeting approved learning outcomes. (effective 1988- 89) (§2442.2; §2510) progress toward implementing Phase 2 and 3 of the Master Plan for Public Education. This assessment will not affect a county's recognition status.

7.5. Instructional resources are up-to-date and aligned with the learning outcomes withing approved programs of study. ---a. The county complies with state textbook adoption policies by selecting basal textbooks from state approved textbook adoption lists. Schools use the textbooks the county has adopted. (§18-2A-1 to 9; §2445.40; §2445.51)

b. Textbooks are appropriate for the instructional level of the class. (§2445.40; §2445.44)

c. If the county provides free textbooks for all students, textbooks for state required courses, including electives required by the state, are available for each student. (§2320)

d. Free textbooks are provided for needy students. (§2445.4)

e. The county establishes procedures to assure that supplemental resources are selected on the basis of their alignment with learning outcomes within approved programs of study. (§2510) .

f. The county develops program guides which include learning outcomes, materials, supplies, equipment lists and evaluation methods and provides a copy of each appropriate program guide to each teacher and to the public upon request. (§2510)

g. An inventory list of instructional materials at the county and school levels is available. (§2510)

h. The county provides specialized laboratory materials and resources. (§2510)

7.6. Adequate time is provided during classroom periods, the instructional day, and the instructional term for teaching and learning to occur. Studentteacher ratios comply with state law.

a. The ratio of pupils per classroom teacher for grade levels 1-6 does not exceed 25:1 and for kindergarten 20:1, except as approved by the state superintendent of schools. (§18-5-18a)

b. An instructional aide is assigned to every kindergarten with more than ten (10) pupils. (§2412)

c. Instructional time allocations (one hundred fifty- eight (158) minutes, one hundred eighty (180)

days) are provided for kindergarten to meet or exceed the following: intellectual learning outcomes, 20- 25%; physical/motor learning outcomes 20-25%; social/emotional learning outcomes, 20- 25%; discretionary instructional time, 25-40%. (§2510; §2310)

d. Instructional time allocations (three hundred fifteen (315) minutes, one hundred eighty (180) days) are provided for grades 1-4 to meet or exceed the following: art, 3- 5%; health and science, 5-7%; language arts and reading, 35- 50%; mathematics, 16- 19%; music, 3-5%; physical education, 3-5%; social studies, 5-7%; discretionary instructional time, 2- 30%. (§2510)

e. Instructional time allocations (three hundred thirty (330) minutes, one hundred eighty (180) days) area provided for grades 5-8 to meet or exceed the following: language arts and reading, 25% for grades 5- 6 and 13-25% for grades 708; mathematics, 13-14%; social studies, 11-14%; science, 11- 15%; physical education, 3-5%; art, 3-5%; music, 3-5%; health, 3-5%; consumer and homemaking, 3-5%; industrial arts, 3- 5%; discretionary instructional time, 3-34%. (Consumer and homemaking, 3-5%, and industrial arts, 3- 5%, are required in Phase 3.) (§2510)

f. Instructional time allocations (three hundred forty- five (345) minutes, one hundred eighty (180)

days) are provided for grades 9-12 to meet or exceed the following: language arts, 14-17% (4 units); social studies, 10-13% (3 units); mathematics, 7-8% (2 1 5% (1 unit); health, 4-5% (1 unit); electives 26- 32% (8 units); discretionary instructional time, 15- 31% (12- 28% for freshmen in 1985-86 and thereafter). (§2510)

g. One (1) year of study of West Virginia history is offered prior to the ninth grade. (§18-2-9)

h. One (1) semester of American government is offered in the eighth grade. (§2422.91)

7.7. Instructional programs accommodate the individual differences of exceptional students.

a. Instructional programs for exceptional students are consistent with their individualized education programs (IEPs). (Public Law 94-142; §18-20-1; §2419; §94-482)

b. The county has adopted procedures which provide for the placement of exceptional children in the least restrictive environment. (Public Law 94- 142; §18-20-1; §2419)

c. Each student placed in a program removed from the regular education environment is provided with opportunities for integration with non-exceptional students in accordance with the individualized education program (IEP). (§2419)

W. Va. Code R. § 126-13B-8 Organization and Administration

8.1. Each county school district shall be under the supervision and control of an elected county board of education. The board, through the county superintendent of schools, shall be responsible for organizing and administering the county's educational program.

8.2. County board of education members are duly elected, with the board holdings its meetings pursuant to state law.

a. Regular meeting dates of the board are established by county board policy. (§18-5-4; §2320)

b. Special meetings of the board are held only when called by the president or any three (3) members, and the only business transacted is that which is specified in the call. (§18-5-4)

c. Official board business is transacted only when a majority of the member is present. (§18-5-4)

8.3. The board maintains proper records of all board activities in a safe, secure place. Official records of the board are available to the public upon proper request.

a. The superintendent, as secretary of the board, maintains the official board minutes and other papers and documents pertaining to the board's business. (§18-5-25).

b. The official minutes of the board contain all pertinent information and are available to the public upon request. (§6-9A-5; §29B-1-3)

8.4. Policies of the county board of education are in writing and are available to all school personnel and the general public. Policies include, but are not limited to, curriculum, instruction, finance, organization and administration, personnel, school-community relations, students, and transportation.

a. The county board has written policies for curriculum, instruction, finance, organization and administration, personnel, school-community relations, students, and transportation. (§5300; §2320; §2510)

b. A document containing the policies of the county board is maintained in each school and at the board office, where it is available to the public upon request. (§29B-1-3; §2320)

8.5. Required reports are filed at designated times with the state superintendent of schools, state tax commissioner, and other officials.

a. The county superintendent makes reports as are required by the state superintendent of schools.

(§18-4-11)

b. The board submits its proposed budget and supporting schedules and its levy estimate on or before the day fixed by the budget calendar. (§18-9B-6)

W. Va. Code R. § 126-13B-9 Personnel Management

9.1. The county board of education shall employ and assign qualified personnel, evaluating their performance on a regular basis. Employees shall be accorded applicable due process rights.

9.2. Personnel decisions are made without regard to sex, race, color, national origin, age, handicap, religion, or political affiliation. Employment vacancies are announced pursuant to county policy.

a. The county board announces employment vacancies in accordance with state statutes and policy. (§18A-4-8b; §18A-4-15; §2320)

b. The county board implements a policy assuring compliance with nondiscrimination laws. (§5-11-1 to 17)

c. Employment applications doe not require information related to sex, race, color, national origin, age, handicap, religion, or political affiliation.

(§5-11-2; §2320)

9.3. Probationary personnel and personnel on continuing contracts are evaluated in accordance with state board policy.

a. The county board of education has a written policy regarding employee evaluation. (§2320; §5300; §5310)

b. Probationary personnel are evaluated in accordance with state board policy and a copy of the evaluation is in the employee's personnel file. (§2320; §5310)

c. Personnel on continuing contracts are evaluated in accordance with state board policy and a copy of the evaluation is in the employee's personnel file.

(§2320; §5310)

9.4. Applicable due process is accorded to personnel.

a. Employees are accorded their procedural due process rights in matters of transfer, suspension, termination or non-renewal of contract, dismissal or grievance. (§18A-2-8a; §18A-2-11; §5300; §5301; §2320;

§18-29-1 to 9)

b. Upon proper request, an eligible employee is provided a hearing before the county board of education. (§18A-2-11; §18-29-4c; §5301)

9.5. Professional personnel meet the licensure/certific requirements for the positions they hold or for the subjects they teach. Service personnel are qualified for the positions they hold and are properly classified according to the duties they perform.

a. The county board has on file for professional educators required certificates, permits, or out-offield authorizations for the subjects they teach or the positions they hold. (§18A-3-1)

b. An individual is assigned the responsibility of providing advice and assistance to professional personnel holding authorizations, permits, or temporary certificates. (§18-2-6; §5113; §5114; §2320)

c. Each person holding less than a professional certificate has a plan for attaining full certification on file in the county office. (§18A-3-1; §5113)

d. Service personnel meet minimum qualifications for their classification. (§18A-4-8)

e. Service personnel are properly classified according to job responsibilities. (§18A-4-8)

f. Professional and service personnel meet health requirements for the positions they hold. (§16- 3-4a; §18-4-2; §4334)

9.6. Personnel records are accurately maintained and secured.

a. Personnel records are maintained in a centralized place and are safeguarded against loss or damage. (§2320)

b. Personnel records are accessible only to authorized persons as established by board policy.

(§29B-1-4; §2320)

9.7. Personnel have written contracts and receive the state minimum salary, plus any county salary supplement and employment benefit for which they are eligible.

a. Contracts of employment for professional educators and service personnel are kept in the employee's personnel file. (§18A-2-2; §18A-2-5; §2320)

b. A written agreement is on file at the county office or the school for county personnel who have been assigned extracurricular duties. (§18A-4-16)

c. Teachers who are employed for a period of time more than one half (1/2) of the class periods of the regular school day receive a duty-free daily lunch recess and a planning period of not less than thirty (30) consecutive minutes unless there has been a mutual written agreement to exchange the lunch recess or planning period for any compensation or benefit.

(§18A-4-14)

d. Service personnel whose employment is for a period of more than three and one-half (3 1/2) hours per day and whose salary is at least the amount indicated in the state minimum pay scale receive a dutyfree lunch recess of not less than thirty (30) consecutive minutes unless there has been a mutual written agreement to exchange the lunch recess for any compensation or benefit. (§18A-4-14)

W. Va. Code R. § 126-13B-10 Planning and Evaluation

10.1. The county board of education periodically will evaluate its educational program using that information for planning purposes. --

10.2. The county board of education has a student evaluation program.

a. All students listed on a teacher's register as

part of the third, sixth, ninth or eleventh grade enrollment, except special education students who may be excused by county discretion, shall be included in the State-County Testing Program. (§2340)

b. Procedures for the identification and assessment of children who may require special education servicesare implemented .. (Public Law 94-142; §2419)

10.3. Schools are classified according to state board policy.

a. Schools are classified according to requirements in the classification Document for Schools with and Grades K- 12. (§18-2-6; §18-3-11)

10.4. The board uses information from its student evaluation program, the classification of schools, county-wide assessments and school assessments to meet standards and the criteria of excellence, and other sources such as dropout studies, graduate follow-up studies, vocational placement, and facility studies for program planning.

a. One (1) or more professional staff members are assigned the responsibility for using information from the county's student evaluation programs, classification of schools, county-wide assessments and school assessments to meet standards and the criteria ofexcellence, and other sources for program planning.

(§2320)

b. The county has plans for educational excel- Ience to address the 1990 Targets for Public Education (§2320). =

W. Va. Code R. § 126-13B-11 School-Community Relations

11.1. The county board of education shall maintain a school-community relations program.

11.2. Meetings of the county board of education are open to the public.

a. Meetings of the county board are open to the public, except during executive sessions. (§18-5-3)

b. Executive sessions are held only for reasons designated by law. (§6-9A-4)

c. Regular meeting dates of the board are announced in advance to the public and the news media.

(§6-9A-3; §2320)

d. The time, place, and purpose of each special meeting are announced in advance to the public and to the news media, except in the event of an emergency requiring immediate official action. (§6-9A-3)

11.3. The board of education has established procedures for receiving information from and disseminating information to the community.

a. The county board of education receives information from and disseminates information to the community. (§2320; §2510)

b. A county educational advisory council, comprised of parents and other citizens with sections for general, vocational, exceptional, support programs, and community relations, reviews the county plan for educational excellence. (§2510)

c. School advisory councils or active parentteacher organizations, a majority of which are comprised of parents and other citizens, review and advise the principal on the school's improvement priorities, which are then submitted to the county superintendent for consideration in the development of the county plan for educational excellence. (§2510)

d. The county implements a policy which provides public access to public records of the board.

(§29B-1-3, 4)

e. Copies of the Appeals Procedure for Citizens are available at the county board of education office and at each public school. (§7211)

f. Parents are provided information about the operation of their child's school. (§2320)

11.4. The county board of education communicates with school personnel.

a. School employees are provided opportunities to make recommendations through appropriate channels to the board. (§5300; §2320)

b. The county provides employees with information about the operation of the schools. (§5300; §2320)

11.5. The county provides students with information regarding their rights and responsibilities.

a. A copy of the Students Rights and Responsibilities Handbook is available to students. (§4371)

b. Students are provided information about the operation of the schools. (§2320)

11.6. The county provides parents of exceptional children with notification and information regarding the special education process.

a. Parents are provided written notification prior to assessment and placement advisory committee/individual education program meetings.

(§2419)

b. The county uses other methods, such as telephone calls, additional written notices and home visits, to encourage parent participation in placement advisory committee/individual education program meetings. (§2419)

c. Parents of exceptional children are informed of the due process rights and procedural safeguards afforded to them and their children. (§2419)

W. Va. Code R. § 126-13B-12 Students

12.1. The county board of education shall provide services and procedural safeguards which foster the well-being of students.

12.2. The county has policies which govern stu -. dent attendance, behavior, confidentiality of records, due process rights, nondiscrimination, promotion, and substance abuse.

a. The county attendance director, subject to the county superintendent's recommendation, is appointed by the county board of education and coordinates the implementation of the county's student attendance policy, which addresses absences and tardiness. The equivalent of one (1) full-time attendance director should be appointed in counties with more than four thousand (4,000) students and counties with less than four thousand (4,000) students should employ the equivalent of a half-time school attendance director. (§18-8-3, 4; §2320; §2510)

b. The county implements a policy governing disciplinary procedures, policies governing student due process rights and nondiscrimination, and an approved substance abuse policy. (§18-8-8; §18A-5-1, 1a; §4370; §4371; §2320; §2422.5)

c. Student records are collected, maintained and disclosed only as prescribed by state and county policies. (Public Law 93-380; Public Law 94-142; §2419; §4350)

d. Promotion of students is in accord with county policy. (§2320)

12.3. Counseling and guidance, library/media, attendance, dropout prevention, health, and other support services are provided for the development of students.

a. The county provides counseling services for each pupil enrolled in the public schools of the county.

(§18-5-18b)

b. Student support services are available to all students. (§2320)

c. All children entering school for the first time in West Virginia have received the required immunizations and tuberculin tests. (§16-3-4, 4a)

d. Hearing, vision and speech screening is conducted for students entering school for the first time in West Virginia. (§18-5-17)

e. The county uses the approved health record form or an approved alternative. (§4322)

f. The county has monthly reports showing activities of the school attendance office and the status of student attendance in the county. (§18-8-4)

g. Each school has a system for monitoring dropout rates and, when appropriate, plans are implemented to reduce the student dropout rate by (1) providing instructional opportunities to meet student needs and to satisfy high school graduation requirements, (2) identifying potential dropouts and attempting to prevent them from leaving school, and (3) implementing instructional programs for dropouts to continue their education. (§2510)

h. The county board of education develops a comprehensive dropout prevention program utilizing the expertise of school counselors and other appropriate resources available. (§18-5-18c)

i. The county board of education establishes programs for the prevention of child abuse and neglect and child assault to the extent funds are provided. (§18-5-15c)

j. The county provides at least one (1) certified school nurse regardless of enrollment. If K-7 enrollment is greater than one thousand five hundred (1,500) students, an additional nurse must be employed for every one thousand five hundred (1,500) K- 7 students or major portion thereof. A county may contract with a local board of health for equivalent services. (§18-5-22).

12.4. Extracurricular activities provided by the county are available on a nondiscriminatory basis and are under the control and supervision of the county board of education.

a. Students have the opportunity to participate in extracurricular activities without regard to race, color, religion, national origin, sex, handicapping condition, marital status, parenthood, or pregnancy.

(Title 9; Public Law 93- 380; Public Law 94-142; §2436.11; §4371) -b. The county board of education controls, supervises, and regulates extracurricular activities.

(§18-2-25)

c. Middle, junior and senior high schools sponsoring interscholastic football teams have a certified athletic trainer available for practices and games.

(§5112)

d. Students who participate in extracurricular activities meet state board requirements for eligibility. (§2436.10)

W. Va. Code R. § 126-13B-13 Transportation

13.1. The county board of education shall provide safe and efficient transportation for eligible students

13.2. A safe transportation system is provided eligible students.

a. School buses purchased by the county meet West Virginia Minimum Standards for design and equipment of school buses. (§17C-14-12; §4335)

b. Students transported in school buses participate in emergency evacuation drills at least twice a year. (US DOT NHTSA Std. 17; §4335; §4336)

c. The number of passengers transported regularly on any bus at any one time does not exceed the number that can be safely seated. (US DOT NHTSA Std. 17; §4335; §4336)

d. Transportation for handicapped students is provided as specified in the individualized education programs (IEPs). (§2419)

13.3. School buses are maintained to operate safely and efficiently. -a. All vehicles used to transport students are regularly scheduled for preventive maintenance.

(§4334; §4335)

b. Maintenance records for each bus are maintained. (§4334; §4335)

c. School bus operators conduct appropriate pretrip inspections. (DOT NHTSA Std. 17; §4334; §4335)

d. School buses are inspected and approved by state inspectors. (§4334)

OVDE

HOE ANEST VIRGINIA

West Virginia Department of Education Capitol Complex, Charleston 25305 Henry R. Marockie, State Superintendent of Schools Stilisti IS(3 OCT October 20, 1989 FILED aMne M HI:

The Honorable Ken Hechler Secretary of State Capitol Complex Building 1, Room 157 Charleston, West Virginia 25305 Dear Mr. Hechler:

West Virginia Board of Education Regulation Series Number 13B (Policy 2321)

Indicators of Attainment for Standards for Educational Quality is being rescinded as a separate regulation policy because West Virginia Code §18-2E-5 requires only one classification system and that classification is included as part of Regulation Series Number 13 (Policy 2320) Performance Based Accreditation. Three copies of this policy are attached.

Sincerely, Marachun Henry Marockie State Superintendent of Schools HM:ta/1310a Attachment

Series 013C Non-public School Accreditation (Policy 2330)

W. Va. Code R. § 126-13C-1 General

1.1. Scope. -- This legislative rule establishes the procedure for the accreditation of non-public schools. 1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2-6(d), 18‑2E‑5, 18-3-11, and 18-5‑18.

1.3. Filing Date. -- July 14, 2021.

1.4. Effective Date. -- August 16, 2021.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR13, Policy 2330, Non‑public School Accreditation, filed May 10, 2013, and effective June 10, 2013.

W. Va. Code R. § 126-13C-2 Purpose

2.1. This policy establishes the procedure for non-public schools to obtain accreditation. Accreditation is defined as the process by which a non‑public school [W. Va. Code §18-8-1(b) (exemption b)] and W. Va. Code §18-8-1(k) (exemption k) assesses its educational program, seeks independent confirmation through an approved accrediting organization that it has substantially achieved its goals and objectives, and demonstrates quality teaching and learning as evidenced by student achievement.

2.2. Accreditation for non-public schools is voluntary and is not a condition for continuing exemption b or exemption k status.

2.3. A non-public school which has been accredited through a national or regional accreditation agency, approved by the West Virginia Board of Education (WVBE), shall be accepted to meet the criteria for West Virginia non-public school accreditation. The State Superintendent of Schools and West Virginia Department of Education (WVDE) shall maintain a list of approved accrediting organizations.

2.4. Accreditation in this manner shall assure the transfer of grade level and/or course credits from an accredited West Virginia non-public school to a West Virginia public schools.

W. Va. Code R. § 126-13C-3 General Responsibilities

3.1. The responsibility for the accrediting of non-public schools is shared as follows:.

3.1.a. Responsibility of the WVBE. The WVBE has the responsibility of approving accrediting organizations for the purpose of this policy.

3.1.a.1. The procedures for approving accrediting organizations shall be communicated to local boards of education, exemption b schools, and exemption k schools.

3.1.a.2. At a minimum, the approved accrediting organization must include the following components as part of the accreditation process and review:

3.1.a.2.A. professionally qualified faculty members and administrators,

3.1.a.2.B. curriculum, instruction, and assessment,

3.1.a.2.C. student attendance and achievement,

3.1.a.2.D. library/media and technology resources and support,

3.1.a.2.E. leadership and continuous improvement,

3.1.a.2.F. parent/community outreach and communication,

3.1.a.2.G. health, safety, facilities, and transportation, and

3.1.a.2.H. on-site evaluation, in-person or virtual, by the accrediting organization.

3.1.b. Responsibility of the WVDE. The WVDE has the primary responsibility for:

3.1.b.1. maintaining the list of the WVBE-approved accrediting organizations;

3.1.b.2. verifying continued accreditation status for applicable schools; and

3.1.b.3. publishing an annual list of all registered non-public schools, including the identification of those accredited by WVBE-approved organizations.

3.1.b.3.A. Schools may be added to the published list as they achieve accreditation.

3.1.b.3.B. Schools may be removed from the published list in the event the accreditation organization revokes the accreditation status.

3.1.c. Responsibility of the Non-public School. The applicable exemption b or exemption k school has the primary responsibility for:

3.1.c.1. notifying the WVDE when it has completed the accreditation process through one of the WVBE-approved accrediting organizations and communicating the result of that process by providing an electronic copy of the original letter stating the school has achieved full status and the period it is active. When the school accreditation is in question, the WVDE may request a copy of the full accreditation report;

3.1.c.2. providing notification to the WVDE when an approved accrediting organization has revoked or suspended the full accreditation status of the school; and

3.1.c.3. providing, at minimum, an academic record documenting course of study with evidence of student's level of progress to facilitate the efficient and successful transition of non-public school students into the public school as outline in section 2.4.

W. Va. Code R. § 126-13C-4 Severability

4.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of applications of this policy.

Series 014 West Virginia Measures of Academic Progress (Policy 2340)

W. Va. Code R. § 126-14-1 General

1.1. Scope. -- This legislative rule establishes the regulations governing the administration and operation of the West Virginia Measures of Academic Progress (WV-MAP).

1.1.a. County/Counties. For purposes of this rule, county includes county boards of education, schools and facilities under the supervision of the West Virginia Board of Education (WVBE), and charter public schools.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §§18-2E-1, 18-2E-1a, 18‑2E-2, 18‑2‑5, 18-2E-8(c)(1), 18A-3-6; and Public Law 114-95, Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA) 2015.

1.3. Filing Date. -- June 9, 2022.

1.4. Effective Date. -- July 11, 2022.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR14, Policy 2340, West Virginia Measures of Academic Progress (WV‑MAP) (Policy 2340), filed June 15, 2018, and effective July 16, 2018.

W. Va. Code R. § 126-14-2 Purpose

2.1. The purpose of this policy is to provide an operational framework to administer an effective and efficient statewide assessment program, provide procedures to protect the integrity of test data, and support the use of assessment data to improve instruction.

W. Va. Code R. § 126-14-3 Definitions

3.1. Accommodations. Changes in testing materials or procedures that allow students with documented disabilities or English learner students to show their knowledge and skills. Accommodation refers to a change in testing materials or procedures that does not change what is being measured.

3.2. Aide. A person who meets or exceeds the qualifications of Aide II pursuant to W. Va. Code §18A‑4‑8i(9) and is hired to work with students with disabilities in an instructional setting.

3.3. Alternative Education Program. As defined by W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), a temporarily authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structure and in adult life without positive interventions.

3.4. Career Technical Education (CTE) Technical Assessment. As defined in W. Va. 126CSR44M, Policy 2520.13, West Virginia College- and Career-readiness Programs of Study/Standards for Career Technical Education, a business/industry-designed assessment given to measure the attainment of career-related technical skills as it relates to their program of study.

3.4.a. Each CTE director shall designate an individual to serve as the school test coordinator for any center or school that houses a state-approved CTE program of study to oversee all aspects of implementing the CTE technical assessment.

3.5. Charter Public School or Charter School. See W. Va. 126CSR79, Policy 3300, Charter Public School (Policy 3300), Definitions.

3.5.a. Virtual Charter School. See Policy 3300, Definitions.

3.5.b. Student (Charter Public School). See Policy 3300, Definitions.

3.6. Cheating. A willful or intentional act of dishonesty by an administrator, teacher, examiner, or student that has an impact on and/or jeopardizes the integrity and/or validity of the test or the accuracy of the test results. Cheating may occur at any point before, during, or after the testing process and may include, but is not limited to, altering records or student responses, providing inappropriate assistance to students, or using unauthorized resources or electronic devices. Cheating will result in the invalidation of test scores and tests as per the recommendation of the investigative team and the determination of the WVDE. Cheating by an administrator, teacher, or examiner may result in a loss of licensure/ certification/permit for employees as per section 8.8.

3.7. Clinical Teacher of Record Program. An intensively supervised and mentored program for prospective teachers during their senior year that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools (W. Va. Code §18A‑3-1(e)(2).)

3.8. Computer Adaptive Test (CAT). An interactive test that adapts to the student’s ability level and selects questions based on the student’s response to previous questions.

3.9. Copyright Infringement. The retention, reproduction, or paraphrasing in any manner of secure test material in paper or electronic format, including test booklets, answer sheets, or online submissions. Copyright infringement may result in a loss of licensure/certification/permit as per section 8.8.

3.10. Criterion-Referenced Test (CRT). An assessment that measures a student's achievement of a specified set of criteria.

3.11. County. Any entity recognized by the WVBE as a local education agency (LEA) (e.g., county, charter public school, West Virginia Schools for the Deaf and the Blind, West Virginia Schools of Diversion and Transition).

3.12. County Personnel. Any person employed in any manner by a county, including all public school personnel.

3.13. County Test Coordinator. The individual within a county who manages the WV-MAP assessment program for that county and who has completed training in administering the testing instruments used in this program.

3.14. Elementary and Secondary Education Act (ESEA) Public Law 114-95, as amended by ESSA (2015). The federal law that outlines requirements, including assessments, states must follow to ensure counties are accountable for teaching children in order for those counties to continue receiving federal funds.

3.15. English Language Proficiency (ELP) Assessment. An assessment of language proficiency for EL students. For more information, refer to W. Va. 126CSR15, Policy 2417, Regulations and English Language Proficiency Standards for English Learners and Alternate English Language Proficiency Standards for English Learners with Significant Cognitive Disabilities (Policy 2417) and the Participation Guidelines found on the Assessment Services webpage on the WVDE’s website.

3.16. English Learner (EL) Committee. A school-level committee that includes English as a Second Language (ESL) and classroom educators and parent(s)/guardian(s) who meet annually to address issues affecting student instruction and assessment on an individual basis for EL students.

3.17. English Learner (EL) Plan. A plan that outlines appropriate assessment and classroom accommodations for EL students. The plan is written by EL educators, classroom teachers, and administrators and updated annually in the West Virginia Education Information System (WVEIS).

3.17.a. English Learner (EL) Assessment Participation Forms. The documents that outline the accessibility supports and accommodations required by the EL student for each state assessment. The EL Assessment Participation Forms are found in the appendix in the Participation Guidelines.

3.18. English Learner (EL) Student. A student meeting the federal government definition as described in ESEA and Policy 2417.

3.19. Examiner. The person who administers the test and who meets the requirements outlined in section 5.3.c.

3.20. Family Educational Rights and Privacy Act (20 U.S.C. §1232g; 34 CFR Part 99) (FERPA). A federal law that protects the privacy of student education records. It is implemented through W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance, and Disclosure of Student Data (Policy 4350).

3.21. Fixed Form Test. A static test where every student receiving that form receives the same questions. A fixed form test can be delivered on paper or computer.

3.22. Foreign Exchange Student. A public school student for the year the student attends an assigned public school. A foreign exchange student may participate in the state assessments. If tested, the foreign exchange student is not included in accountability measures.

3.23. Formative Assessment Process. A process used by teachers to guide daily instruction and personalize learning to improve students’ achievement of intended learning outcomes.

3.24. Grade Level. The class designation in which the student is enrolled as indicated on the student WVEIS record for public school students. Grade level for home school students is the class designation as provided on the transcript or academic record provided by the parent. Grade level for nonpublic school students is the class designation in which the student is enrolled in the nonpublic school.

3.25. Home School Students. Those students defined under W. Va. Code §18-8-1, Exemption C, who are not enrolled in a public or nonpublic school within the LEA and who are instructed by a person(s) providing home instruction. Home school students may be enrolled in a course in the public school system.

3.26. Homebound Students. Those students enrolled in a public school who, for any reason as certified in writing by a licensed physician or as determined by the LEA, are temporarily confined to home/hospital for a period that has lasted or will last more than three consecutive weeks and who meet the eligibility criteria in W. Va. 126CSR42, WVBE Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), for home/hospital instruction.

3.27. Individualized Education Program (IEP). A written plan, developed by a team as defined in W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419), describing the specially designed instruction and appropriate accommodations, if any, needed for an eligible student with an exceptionality to master the state-approved content standards and/or be prepared for the workplace.

3.28. Interim Assessments. Assessments that can be administered throughout the school year by counties and schools to help monitor students’ progress toward mastery of the state-approved standards.

3.29. International Assessments. Assessments administered to a randomly selected sample of students in the United States (U.S.) by the National Center for Education Statistics (NCES) under the governing bodies of the International Association for the Evaluation of Educational Achievement (IEA) and Organization for Economic Cooperation and Development (OCED). These assessments include, but are not limited to, the following: Progress in International Reading Literacy Study (PIRLS), Program for International Student Assessment (PISA), Trends in International Mathematics and Science Study (TIMSS), Teaching and Learning International Survey (TALIS), International Computer Information Literacy Study (ICILS), and International Early Learning Study (IELS).

3.30. Local Education Agency (LEA). As defined in ESEA, a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

3.31. Locked and Secured Location(s). Any location within a county, school, or approved testing facility that can be locked and secured with access limited only to the principal and/or school test coordinator.

3.32. Medical Emergency. A situation in which a student is suffering from a terminal illness or physical or psychological emergency that may prevent the student from testing. These students may qualify for a participation rate exemption. Information about requesting a participation rate exemption because of a medical emergency is available in the Participation Guidelines.

3.33. Minimum Number of Students. The number of students tested who receive results in a specific group. For reporting/accountability purposes, the minimum number of students must be large enough so students in that group cannot be individually identified. The “minimum number of students” is established by the WVDE and approved by the U.S. Department of Education for calculating and reporting school performance determinations in accordance with the W. Va. 126CSR12, Policy 2322, West Virginia System of Support and Accountability.

3.34. Mountaineer ChalleNGe Academies (MCA). Special alternative education programs pursuant to W. Va. Code §15-1B-24 and §18-2-6 for students who are at risk of not succeeding in the traditional school structure (W. Va. 126CSR38, Policy 2446, Public Support for the Mountaineer ChalleNGe Academy). Students who attend MCA are not required to test during their enrollment in MCA.

3.35. National Assessment of Educational Progress (NAEP). A national assessment of a representative sampling of U.S. students in grades 4, 8, and 12. NAEP measures what U.S. students know and can do in various subject areas. Assessments are conducted periodically in reading, mathematics, science, writing, U.S. history, civics, geography, the arts, and other subjects. As defined in ESEA, the administration of NAEP reading and mathematics assessments is required for a sample of students in grades 4 and 8. W. Va. Code §18-2E-2 states NAEP shall be administered in academic areas at various grades designated by NAEP officials.

3.36. National Assessment Governing Board (Governing Board). A board of elected and appointed officials overseeing the content and operation of the NAEP.

3.37. National Center for Education Statistics (NCES). An agency charged with collecting, analyzing, and making available data related to education in the U.S. and other nations.

3.38. Nonpublic Schools. An elementary, middle, or high school that is not established or maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code §18-9A-3 and §18-9A-12. If nonpublic schools choose to participate in state-administered summative assessments, it is understood the nonpublic school staff must adhere to policy requirements.

3.38.a. Nonpublic School Student. A student enrolled in an elementary, middle, or high school that is not established or maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code §18-9A-3 and §18-9A-12.

3.39. Norm-Referenced Test (NRT). An assessment that compares a student’s performance to the performances of other similar test takers.

3.40. Out-of-State Placements. Students placed in out-of-state schools/facilities through court-based placement by the West Virginia Department of Health and Human Resources (WVDHHR) or county placement by IEP Teams.

3.40.a. Court-based Placement. Students placed in out-of-state schools/facilities by WVDHHR because of special education needs and related services. These placements are non-IEP decisions based on factors other than disability status. However, some students in out-of-state placements may have IEPs. Regardless of whether students placed in out-of-state schools/facilities because of court-based placement have IEPs or do not have IEPS, these students are not instructed using the state-approved content standards, are not assessed using the West Virginia General Summative Assessment (WVGSA), the West Virginia college- and career-readiness assessment, or the West Virginia Alternate Summative Assessment (WVASA) and are not included in West Virginia Accountability System (WVAS) indicators. The schools of record will provide documentation to the county test coordinators explaining why these students were not tested and are to be excluded from accountability calculations. A copy of the court‑based placement is sufficient documentation and should be kept on file at the county level.

3.40.b. County Placement. Students placed in out-of-state schools/facilities by counties as determined by IEP teams because of special education needs and related services. These students are instructed using the state-approved content standards, are assessed using the WVGSA, the West Virginia college- and career readiness assessment, or the WVASA, and are included in WVAS indicators if they are enrolled as students in WVEIS.

3.41. Participation Guidelines for West Virginia State Assessments (Participation Guidelines). A document that outlines requirements for all students being assessed, including students with IEPs, Section 504 Plans, or EL Plans. The accommodations outlined in this document are nationally recognized accommodations and have been approved by a national technical assistance team and the federal government.

3.42. Personal Health Management Device. An electronic device (e.g., phone, etc.) that allows a student to monitor a health condition as outlined in the Participation Guidelines.

3.43. Public School. An elementary, middle, or high school established and maintained at public expense through the total basic foundation program/state aid formula outline in W. Va. Code §18-9A-3 and §18-9A-12.

3.43.a. Public School Student. A student enrolled in an elementary, middle, or high school established and maintained at public expense through the total basic foundation program/state aid formula outlined in W. Va. Code §18-9A-3 and §18-9A-12.

3.44. Revocation/Suspension. The removal of licensure/certification by the State Superintendent of Schools (State Superintendent) pursuant to W. Va. Code §18A-3-6.

3.45. School Test Coordinator. The principal or an individual designated by the principal who oversees the administration of any assessments included in the WV-MAP and meets the requirements outlined in section 5.2.b.

3.46. Scribe. A trained examiner who transcribes/enters student responses using the students’ exact words onto answer sheets, test books, or an online test delivery system. Responses may come from:

3.46.a. oral/signed/handwritten student responses,

3.46.b. large print/braille test books, or

3.46.c. damaged test books/answer sheets.

3.47. Section 504 Committee. A committee established in accordance with county procedures that meets periodically to address issues that affect instruction and assessment for students who have been determined to have a disability as defined by Public Law 93-112, Section 504 of The Rehabilitation Act of 1973 (Section 504).

3.48. Section 504 Plan. A document, reviewed periodically, outlining the accommodations, aids, or services a student with disabilities needs to be educated in the least restrictive environment. The accommodations are usually minor adjustments in the general education classroom such as, but not limited to, seating arrangements, assignments, and lesson presentations. A school-based team determines if a student qualifies for a Section 504 Plan based on Section 504 of the Rehabilitation Act of 1973.

3.49. Security Breach. The failure to observe/follow the documented procedures established in the Testing Code of Ethics (Appendix A), the tests’ procedures agreements, and/or the testing manuals by any person administering or assisting with the administration of an assessment included in the WV‑MAP and pilot tests and field tests sanctioned by the WVDE. These procedures are designed to protect, maintain, and implement the testing process. See section 8 for the protocol to use in reporting an alleged breach.

3.50. Special Education: Out-of-School Environment. An IEP placement option in which an eligible student with a disability temporarily receives specially designed instruction and related services in a non‑school environment as defined in Policy 2419.

3.51. Standard Conditions. The prescribed procedures to be followed during the administration of a specific assessment.

3.52. State Education Agency (SEA). The WVDE is the SEA for West Virginia.

3.53. Student Data Accessibility, Transparency, and Accountability (DATA) Act. The state law, found in W. Va. Code §18-2-5h, that delineates state, county, and school responsibilities for data security and inventory; provides for a data governance officer; and establishes parental rights regarding access to information.

3.54. Students with Disabilities. Students who are eligible, in accordance with the definitions, eligibility criteria, procedures, and safeguards contained in Policy 2419, and who meet the definition of disability under Section 504 of the Rehabilitation Act of 1973.

3.55. Technology Specialist. An individual employed by or contracted through the county or school responsible for maintaining, processing, and troubleshooting computer systems/operations.

3.56. Testing Administration Breach. Any failure to follow the documented test administration procedures that could alter the results or testing environment of the assessment for one or more students (e.g., timing an untimed test, not implementing required accommodations, etc.) See section 8 for the protocol to use in reporting an alleged breach.

3.57. Testing Code of Ethics – Testing Code of Ethics (Appendix A). The ethical and principled practices regarding test security, test administration, test notification, training, and handling of secure assessment materials.

3.58. Testing Irregularity. Any unexpected event that significantly disrupts the testing environment (e.g., sounding of the fire alarm or a power outage).

3.59. Testing Window. The specific calendar dates during which assessments under the WV-MAP shall be administered in accordance with W. Va. Code §18-5-45(g) and this policy.

3.60. Virtual learning. Digital learning offered through the West Virginia Virtual School (WVVS) or a county virtual instruction program (Policy 2510, section 6.4.g.).

3.61. West Virginia Accountability System (WVAS). The comprehensive system of measurements that defines school-specific expectations for continuous improvement using academic achievement, academic progress, four-year and five-year cohort graduation rates, progress toward English language proficiency (ELP), and student success indicators to guide and focus improvement and technical assistance.

3.62. West Virginia Alternate Summative Assessment (WVASA). A test specifically designed for students with the most significant cognitive disabilities. These students are assessed in the same content areas and at the same grade levels as students who take the WVGSA. Students who are administered the WVASA must be instructed using the appropriate grade-level Alternate Academic Achievement Standards as per their IEPs.

3.63. West Virginia College- and Career-Readiness Assessment. A standardized college- and career‑readiness assessment administered in grade 11 to measure student performance in mathematics, ELA, and science, and used for both state and federal accountability, as well as college entrance and placement.

3.64. West Virginia Content Standards. Statements of the knowledge and skills that students are expected to acquire and that were adopted by the West Virginia Board of Education.

3.65. West Virginia Data Access and Management Guidance. The document developed by the WVDE data governance committees, vetted by WVDE leadership, and approved by the WVBE. It outlines the roles and responsibilities of the WVDE, and the processes put into place to protect the confidentiality and security of student data at the state level.

3.66. West Virginia Education Information System (WVEIS). The comprehensive data management system that manages student and employee data, payroll, and accounting for West Virginia public PK‑12 education.

3.67. West Virginia General Summative Assessment (WVGSA). A customized test consisting of selected criterion-referenced response items used to measure a student's level of achievement of the state-approved content standards in mathematics and English language arts (ELA) in grades 3-8 and science in grades 5 and 8.

3.68. West Virginia Measures of Academic Progress (WV-MAP). The comprehensive assessment system that measures student performance. Summative assessments that are part of WV-MAP include the WVGSA, the West Virginia college- and career-readiness assessment, the WVASA, NAEP, international assessments, the ELP Assessment, CTE technical assessments, and pilot tests and field tests sanctioned by the WVDE.

W. Va. Code R. § 126-14-4 Program Regulations

4.1. To meet state and federal requirements, all public school students enrolled in grades 3-8 and 11 shall be assessed using the appropriate state-administered summative assessment, either general or alternate, at the grade level in which they are enrolled in the spring of each year.

4.1.a. The WVGSA assesses the content areas of ELA and mathematics in grades 3‑8 and science in grades 5 and 8.

4.1.b. The West Virginia college- and career-readiness assessment assesses the content areas of ELA, mathematics, and science in grade 11.

4.1.c. The WVASA assesses the content areas of ELA and mathematics in grades 3-8 and 11 and science in grades 5, 8, and 11.

4.1.c.1. ESSA requires that for each assessed subject, the total number of students participating in the alternate assessment does not exceed one percent of the total number of all students in the state who are assessed in a given subject. ESSA has placed a one-percent participation rate cap at the state level only. This cap is not applicable at the county or school level.

4.2. All EL students shall participate in the appropriate state-administered summative assessments in the grade level in which they are enrolled. The EL Committee will determine the language supports, if any, using the appropriate EL Assessment Participation Form, located in the Participation Guidelines.

4.2.a. All EL students eligible to participate in the ELP Assessment or the Alternate ELP Assessment shall do so with accommodations as determined by their respective EL Committees, IEP Teams, or Section 504 Committees. The documentation procedure for ensuring accommodations are provided on the ELP Assessment is outlined in the Participation Guidelines.

4.2.b. When an EL student is also identified as a student with a disability under Policy 2419, the IEP Team, which should include an English language specialist, will determine the appropriate assessment and accommodations. The IEP will address the specific accommodations relevant to the identified disabilities in the IEP. The EL Assessment Participation Form will address language supports relevant to the EL status of a student.

4.2.c. When an EL student is also identified as a student with a disability under Section 504, the Section 504 Committee, which should include an English language specialist, will determine the student's appropriate accommodations. The Section 504 Plan will address the specific accommodations relevant to the identified disabilities in the Section 504 Plan. The EL Assessment Participation Form will address language supports relevant to the EL status of a student.

4.2.d. Former EL students’ scores on the WVGSA, West Virginia college- and career-readiness assessment, or WVASA will be included in the EL subgroup for two years after these students have attained English proficiency.

4.3. All public school students with disabilities who are eligible for services as defined in Policy 2419 shall participate in the WVGSA, the West Virginia college- and career-readiness assessment, or the WVASA at the grade level in which they are enrolled with appropriate accommodations as determined by their IEP Team. The process for ensuring IEP accommodations is provided in the Participation Guidelines.

4.3.a. All public school students with the most significant cognitive disabilities and who meet the criteria for participation in the WVASA as determined by their IEP Teams shall participate in the WVASA.

4.3.b. All public school students with disabilities as defined by Section 504 shall participate in the WVGSA or the West Virginia college- and career-readiness assessment in the grade level in which they are enrolled. Appropriate accommodations, if any, must be determined by the student's Section 504 Committee and documented in the student's Section 504 Plan and incorporated into WVEIS.

4.3.c. All public school eligible students with disabilities under Policy 2419 whose IEP placement is special education: out-of-school environment are to be assessed at the schools in which the students are enrolled or an alternate testing site approved by the county test coordinator. All participating educators and students shall be required to follow all testing guidelines and security procedures set forth in this policy.

4.4. All public school students enrolled in grades 4, 8, and 12 who are part of the NAEP state sample shall participate in the NAEP, a component of the WV-MAP. Principals or their designee shall complete the required school questionnaires. Teachers of the sampled students shall complete the teacher questionnaire for the assessed target. The participants of this test will be determined by a random sample at the national level. All students on the school roster shall be given the opportunity for selection. Students participating in the WVASA and students with IEPs, Section 504 Plans, or EL Plans whose accommodations are not allowed by NAEP may be excluded from participation or assessed and not scored after having been randomly selected. Any student being considered for exclusion should be reported to the WVDE.

4.5. All public school students enrolled in the grade sample selected to participate in an international assessment shall participate in the assessment. Principals or their designee shall complete the required school questionnaires. Teachers sampled shall complete the teacher questionnaire. The participants of this test will be determined by a random sample at the national level. All students on the school roster shall be given the opportunity for selection. Students participating in the WVASA and students with IEPs, Section 504 Plans, or EL Plans who cannot be accommodated may be excluded.

4.6. All homebound public school students are to be assessed at the schools in which the students are enrolled or at alternate testing sites meeting requirements in test administration manuals and approved by the county test coordinators. All participating educators and students shall be required to follow all testing guidelines and security procedures set forth in this policy.

4.7. All public school students enrolled in alternative education programs shall participate in the WV-MAP. The test scores for these students shall be counted in the results of the referral school (Policy 4373).

4.8. Pursuant to W. Va. Code §18-5G-3(c)(6), charter public schools shall administer the same student assessments required of non-charter public schools, including the NAEP if sampled, using the same protocols as non-charter public schools (Policy 3300, section 4.6.b and section 10.2.d). All requirements specified for non-charter public schools and/or non-charter public school students also apply to charter public schools and charter public school students.

4.8.a. Charter public school students will be tested in person at their school or at an off-site location approved by the WVDE.

4.8.b. The charter school application seeking to establish a virtual charter public school must include the process for administering WV-MAP assessments, including, but not limited to, the physical facility to be used for testing (Policy 3300, section 4.5.b).

4.9. Public school students participating in virtual learning through either the WVVS or county virtual instruction must participate in WV-MAP assessments in person at their school of record or at an appropriate location to be determined by the county. The test scores for these students shall be aggregated in the results of the school and county where the students are enrolled.

4.10. Home school students may participate in the state-administered summative assessments under standard conditions administered in the public schools of the county in which they reside.

4.10.a. Each academic year, the county shall notify home school students in their county of the opportunity to participate in state-administered summative assessments. Students in grades 3-8 may participate in the WVGSA and students in grade 11 may participate in the West Virginia college- and career-readiness assessment provided that the home instructor notifies the county test coordinator of the intention to participate by a date to be determined by the WVDE.

4.10.b. Home school students will be assigned: 1) a location for testing with an approved educator who has completed the required training as an examiner/scribe and signed the Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement (Appendix F), and 2) test dates by the county test coordinator during the county’s testing window.

4.10.c. All home school educators and home school students participating in the assessments of the WV-MAP shall be required to follow all testing guidelines and procedures set forth in this policy. Violations of this policy shall result in the loss of testing privileges. Home school students who choose to participate in state assessments are not included in accountability measures.

4.10.d. Home school students who are enrolled part-time in public schools are considered home school students for assessment and accountability.

4.11. All nonpublic school students may participate in the state-administered summative assessments.

4.11.a. Each academic year, the nonpublic school administrator must submit a Participation Form and a Verification of Certification Form to the WVDE and to the county test coordinator in the county where the nonpublic school is located by a date to be determined by the WVDE.

4.11.b. Nonpublic schools that choose not to participate in state-administered summative assessments after submitting the Participation Form must notify both the WVDE and the county test coordinator in the county where the nonpublic school is located by a date to be determined by the WVDE that they no longer intend to participate. Nonpublic schools that fail to provide notification are not eligible to participate in state-administered summative assessments for one year.

4.11.c. For the WVGSA, the county test coordinator, not the nonpublic school, will receive all testing material and release the testing materials to the nonpublic principal/assigned school test coordinator upon completion of the required training and receipt of the annually signed Principal and/or School Test Coordinator Secure Materials and Test Procedures Agreement (Appendix D or Appendix E).

4.11.d. For the West Virginia college- and career-readiness assessment, the nonpublic school will receive all testing materials, but the nonpublic principal/assigned school test coordinator must complete all required training and sign the Principal and/or School Test Coordinator Secure Materials and Test Procedures Agreement (Appendix D or Appendix E) before receiving materials.

4.11.e. All nonpublic educators and nonpublic school students participating in the assessments of the WV-MAP shall be required to follow all testing guidelines and procedures outlined in this policy.

4.11.f. All nonpublic educators who have access to secure test materials must be trained annually. The county test coordinator, in conjunction with the principal/school test coordinator at the participating nonpublic school, will determine training dates.

4.11.g. Violations of this policy shall result in the loss of testing privileges.

4.11.h. Nonpublic students who participate in state assessments are not included in accountability measures.

4.12. Each county shall establish a process to analyze the assessment results; evaluate student, school, and county assessment performance; and use the data to increase student learning and improve school achievement.

W. Va. Code R. § 126-14-5 Administration Regulations

5.1. The WV-MAP assessments shall be administered according to the schedule published by the WVDE. A reasonable effort shall be made to provide each student with a makeup test during the scheduled testing window.

5.1.a. All school systems must establish a county testing window that falls within the WVDE-established testing window. Once established, no county’s testing window may be changed without WVDE approval.

5.2. The WV-MAP assessment program shall be managed by a county test coordinator who has completed training in administering the testing instruments used in this program. The county test coordinator/alternate county test coordinator or a WVDE-trained designee shall be available either in person or by telephone during the testing windows to address any questions/concerns.

5.2.a. Counties shall ensure that all appropriate county office staff are trained on test security and school personnel are adequately trained in the administration and security of WV-MAP assessments and the interpretation and use of test data.

5.2.b. Counties shall ensure that principals and school test coordinators, when designated by the principal, must deliver adequate training and professional development to all educators who administer WV-MAP assessments.

5.2.b.1. The principal must be a currently employed educator who holds a valid West Virginia teaching license or certification granted by the WVDE and has signed the Principal’s Secure Materials and Test Procedures Agreement (Appendix D).

5.2.b.2. The school test coordinator must be a currently employed educator who holds a valid West Virginia teaching license or certification granted by WVDE and has signed the School Test Coordinator’s Secure Materials and Test Procedures Agreement (Appendix E).

5.2.b.2.A. A principal may serve as the school test coordinator or designate someone else at the school to be the school test coordinator.

5.2.b.2.B. A principal may designate an assistant school test coordinator(s) to assist the school test coordinator.

5.2.b.3. Any person identified as a school test coordinator and/or an assistant school test coordinator, or any person designated to fulfill any other required test administration role, must complete all training required by the WVDE and/or the testing vendor. Failure to complete training may result in the school being prohibited from administering WV-MAP assessments.

5.2.c. Each county test coordinator shall develop and implement procedures regarding the administration of WV-MAP assessments and shall collaborate with county office staff and school personnel to develop and implement procedures for the analysis and application of test results.

5.2.d. Each county shall monitor test administration in its schools to ensure that appropriate assessments, with or without appropriate accommodations, are selected for students with disabilities under IDEA, students covered by Section 504, and EL students so that they are appropriately included in assessments.

5.3. Public/nonpublic school educators who meet the definition of examiner shall administer any portion of the WV-MAP to students as assigned by the principal or school test coordinator.

5.3.a. All requirements stipulated in the appendices of this policy must be adhered to in all test administrations, including pilot tests and field tests sanctioned by the WVDE.

5.3.b. Any West Virginia public/nonpublic school employee involved in any phase of the testing program shall be trained annually in test security and assessment administration procedures as defined in this policy.

5.3.c. Examiner. An examiner:

5.3.c.1. must be 1) a currently employed educator and/or an approved employee of the state or county, or 2) a currently employed educator of a nonpublic school;

5.3.c.1.A. All nonpublic school educators serving as examiners must be approved by the WVDE.

5.3.c.2. must hold a valid West Virginia teaching license, certification, or permit granted by the WVDE.

5.3.c.3. must have been trained and must have on file a signed Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement (Appendix F) for the purpose of administering or assisting with the administration of an assessment included in the WV-MAP, including pilot tests and field tests sanctioned by the WVDE;

5.3.c.4. may be a substitute teacher;

5.3.c.5. may be an aide serving as an examiner for students with disabilities when instructionally assigned;

5.3.c.5.A. All aides must be providing services to the student during instruction and be approved by the WVDE.

5.3.c.6. may not be a student teacher, unless the student is participating in a clinical teacher of record program; and

5.3.c.7. may not administer WV-MAP assessments to family members or individuals living in the same household.

5.3.c.7.A. Decisions regarding potential conflicts of interest involving test administration will be the responsibility of the county test coordinator.

5.3.d. Counties shall ensure that all principals and school test coordinators, as well as all other appropriate county office and school-level professional staff and personnel, are adequately trained in test administration, interpretation of test results, and use of test data. All irregularities that represent cheating, security breaches, testing administration breaches, or copyright infringements shall be reported according to guidelines outlined in this policy.

5.3.e. Principals/school test coordinators at nonpublic schools that administer any portion of the WV-MAP are required to have a valid West Virginia teaching license/certification as do public school principals and school test coordinators.

5.4. Any West Virginia nonpublic school employee involved in any component of the testing program shall be trained in test security and assessment administration procedures. Test administrators must hold a valid West Virginia teaching license/certification and must be approved by the WVDE.

5.5. Any person who transcribes student responses on WV-MAP assessments must: 1) be a trained examiner as defined by this policy; 2) transcribe the student’s response into the appropriate platform according to the vendor’s protocols; 3) complete and sign the Scribe Verification Form included in the Participation Guidelines after the transcription; and 4) send the form to the principal or school test coordinator upon completion.

5.6. All allowable testing accommodations identified on the student’s current school year, finalized online IEP, Section 504 Plan, or EL Plan must be provided during the administration of WV-MAP assessments, as established in the student’s plan. Students needing accommodations will be identified by the principal or school test coordinator, and the designated accommodations shall be implemented by the examiner or through technology.

5.6.a. Schools and counties shall monitor and report the implementation of accommodations as defined in the Participation Guidelines to ensure accommodations are:

5.6.a.1. consistent with the state’s policies for accommodations;

5.6.a.2. appropriate for addressing a student’s disability or language needs for each assessment administered;

5.6.a.3. consistent with accommodations provided to students during instruction and/or practice;

5.6.a.4. consistent with the assessment accommodations identified by a student’s IEP Team or Section 504 Team for students with disabilities, or another process for an EL student; and

5.6.a.5. administered with fidelity to test administration procedures.

5.7. The examiner must report testing irregularities on the provided testing irregularities form to the principal or county test coordinator, as appropriate.

5.8. All irregularities of student misconduct that represent student cheating, security breaches, testing administration breaches, or copyright infringements shall be reported according to guidelines outlined in this policy.

W. Va. Code R. § 126-14-6 Reporting Regulations

6.1. All students who participate in the WV-MAP and their parents/guardians must be provided the individual student assessment results, except for NAEP, in a timely manner by the county according to guidelines established by the WVDE. Individual and school results are not reported for NAEP. The explanation and interpretation of assessment results shall be provided by professional staff at each school under the direction of the principal or school test coordinator.

6.1.a. The WVDE is required to publicly report scores for the WVGSA, the West Virginia college- and career-readiness assessment, and the WVASA, as per ESEA.

6.1.b. West Virginia NAEP assessment results for grades 4, 8, and 12 are aggregated by state and are not available for individual students, schools, or counties. The release of NAEP results is determined by the Governing Board and announced by the State Superintendent or designee. Explanation and interpretation of NAEP results in the context of state, regional, and national results are available on the NCES website.

6.2. The WVDE shall release student, school, and county assessment results, in accordance with state and federal requirements.

6.2.a. The WVDE shall release to the public only those results that do not identify a student or small group of students in accordance with FERPA, the Student DATA Act, Policy 4350, and the WVDE Data Access and Management Guidance. In accordance with these regulations, results for groups not meeting the minimum number set by the state will not be reported to protect personally identifiable student data.

6.2.b. Secure test materials and test items will not be released, except for the West Virginia college- and career-readiness assessment forms released according to the testing vendor’s policies and procedures.

6.3. To facilitate instruction and school improvement, the professional staff, under the direction of the principal, shall be provided assessment data (except NAEP) by individual, grade level, and subgroup for the students in their schools and/or classrooms.

6.4. Upon receipt of individual student results, the school will release in a timely manner the results to parents/guardians and to the teachers to whom the students are assigned.

6.4.a. Each public school principal/designee will confirm to the county superintendent that the individual student results for the ESEA assessments were sent to the parent(s)/guardian(s) of the student(s). The county superintendent will confirm to the State Superintendent that the individual student results were sent by each of the public schools in the county. All confirmations will be available at school and county level for federal and state monitoring.

6.5. State, county, and school results from the WVGSA, the West Virginia college- and career-readiness assessment, and the WVASA shall be disaggregated and reported by the WVDE as required by ESEA.

6.5.a. Performance on the WVGSA, the West Virginia college- and career-readiness assessment, and the WVASA shall be reported by state, county, and school in terms of the percentage of students who achieved at each achievement level in each grade by subgroup in all state-approved content areas.

6.5.a.1. Performance on the WVGSA and the West Virginia college- and career-readiness assessment shall be reported by achievement levels based upon cut scores for each state-approved content area. Cut scores are published in each assessment’s technical report.

6.5.a.2. Performance on the WVASA shall be reported by achievement levels based upon cut scores for each state-approved content area. Cut scores are published in the assessment’s technical report.

6.5.b. School performance on the WVGSA, the West Virginia college- and career-readiness assessment, and the WVASA shall be reported in terms of the percentage of students who achieved a minimum level of proficiency.

6.6. The WVDE reporting requirements may be met by any or all the following: hardcopy, web-based, or other digital media.

6.7. The answer analysis report disaggregated by school, by grade, by content, and by examiner, and provided by the vendor will be reviewed by the WVDE. A determination will be made by the WVDE as to whether the data warrant additional investigation.

6.8. Individual student-level assessment data are maintained securely to protect student confidentiality as per FERPA, the Student DATA Act, Policy 4350, and the WVDE Data Access and Management Guidance.

W. Va. Code R. § 126-14-7 Test Security

7.1. The Testing Code of Ethics (Appendix A) is incorporated by reference into this policy.

7.2. Only secure test materials shall be used in conjunction with the WV-MAP assessments and international assessments, as well as pilot tests and field tests sanctioned by the WVDE. Apart from the scheduled test administration to students, it is unacceptable and unethical to use, retain, reproduce, paraphrase, or discuss in any manner secure test materials (paper and electronic), including test books, answer sheets, online tests or submissions, or excerpts from the tests. A county test coordinator, principal, school test coordinator, or county/school personnel found to have inappropriately used test materials in this manner will be subject to penalties, including but not limited to, revocation of professional license/certification/permit, as outlined in this policy.

7.3. Test security training must be incorporated as part of the required training for each WV-MAP assessment, as well as pilot tests and field tests sanctioned by the WVDE, as verified on the Verification of Training for Principals, School Test Coordinators, County/School Personnel (Examiners/Scribes/Other School Personnel) (Appendix I).

7.4. The county test coordinator shall complete the required training before each assessment each school year and shall acknowledge that all WV-MAP assessments and international assessments, as well as pilot tests and field tests sanctioned by the WVDE, are secure tests by reviewing, signing, and returning the County Test Coordinator’s Secure Materials and Test Procedures Agreement (Appendix B) to the WVDE before access to secure test materials is provided.

7.4.a. Apart from the scheduled test administration, the county test coordinator shall ensure that secure test materials are stored in a locked and secured location(s) by the county test coordinator consistent with test security procedures outlined in the Testing Code of Ethics (Appendix A).

7.5. The county technology coordinator shall complete the required training before each assessment each school year and shall acknowledge that all WV-MAP assessments and international assessments, as well as any pilot tests and field tests sanctioned by the WVDE, are secure tests by reviewing, signing, and returning the County Technology Coordinator or Technology Vendor Secure Materials and Test Procedures Agreement (Appendix C) to the WVDE before access to secure test materials is provided.

7.5.a. The county technology coordinator shall ensure that all secure content and security features have been installed and/or updated on all devices to be used for administering statewide assessments and shall ensure the school’s wireless connections are secure for testing.

7.6. The principal shall complete required training for each assessment each school year and shall acknowledge that all WV-MAP assessments and international assessments, as well as any pilot tests and field tests sanctioned by the WVDE, are secure tests by reviewing, signing, and returning the Principal’s Secure Materials and Test Procedures Agreement (Appendix D) to the county test coordinator. This security agreement must be on file with the county test coordinator and the required training for each assessment each school year must be completed before any test administration materials will be released to the principal.

7.7. The school test coordinator, if applicable, shall complete required training for each assessment each school year and shall acknowledge that all WV-MAP assessments and international assessments, as well as any pilot tests and field tests sanctioned by the WVDE, are secure tests by reviewing, signing, and returning the School Test Coordinator’s Secure Materials and Test Procedures Agreement (Appendix E) to the county test coordinator. This agreement must be on file with the county test coordinator and the required training for each assessment must be completed before any test administration materials will be released to the school test coordinator.

7.7.a. Test materials must be stored in a locked and secured location(s) before and following each daily testing session. Test materials are to be stored in a school in accordance with the administration guidelines of each assessment. Access to secure test booklets and answer sheets, as well as any secure online content, by all persons other than the county test coordinator, principal, and school test coordinator shall be restricted to the scheduled dates of test administration as outlined in the Testing Code of Ethics (Appendix A).

7.7.b. School test coordinators will store the secure materials from NAEP and the international assessments in the provided storage envelopes and destroy the storage envelopes after the NAEP assessment and all international assessments as directed by the administration team for the assessment.

7.8. Individual student test data must be stored in a locked and secured area. All personally identifiable student test data must be maintained under conditions consistent with the requirements of FERPA, the Student DATA Act, Policy 4350, and WVDE Data Access and Management Guidance.

7.8.a. The test administration area must be maintained in a secure manner accessible only to those students to whom the assessment is being administered, the examiners, the principal and/or the school test coordinator(s), and authorized county/school personnel.

7.9. Electronic devices, including, but not limited to cell phones, tablets, mp3 players, e-readers, smart watches, or any devices capable of taking pictures or providing access to unauthorized resources, must be turned off and stored out of view during all test administrations. This applies to any county or school staff, students, or other individuals present during testing, except in the following instances:

7.9.a. Accommodations may be made for students requiring personal health management devices to monitor health conditions as outlined in the Participation Guidelines.

7.9.b. Accommodations may be made for students requiring the use of a non-embedded program or app to provide translation services as an assessment accommodation if a human translator from their home language is unavailable.

7.9.b.1. Students may use a non-embedded program or app for translation services only in a one-on-one setting under the direct supervision of an examiner according to procedures outlined in the Participation Guidelines.

7.9.c. If necessary, examiners may use electronic devices, such as cell phones or computer-based messaging, during test administration only to communicate directly with the principal and/or school test coordinator to address any immediate issues (e.g., technology issues, medical emergencies, testing disruptions, etc.) that might arise during testing.

7.9.d. Electronic devices can be used by WVDE staff or other individuals with WVDE approval as part of the test administration monitoring process or to address technology issues.

7.9.e. All other uses of electronic devices during test administration are strictly prohibited and could result in an investigation (see section 8).

7.9.f. Electronic devices used in alleged cheating cases will be confiscated until the county, in consultation with local legal counsel, has determined the device contains no secure testing information.

7.9.f.1. A student’s electronic device used in alleged cheating cases will be released to the parent/guardian after the county, in consultation with local legal counsel and the parent/guardian, has determined the device contains no secure testing information.

7.10. The examiners and technology specialists shall complete the required training for each assessment each school year no later than five instructional days before the beginning of testing and shall acknowledge that all assessments within the WV‑MAP, as well as any pilot tests and field tests sanctioned by the WVDE, are secure tests by reviewing, signing, and returning the Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement (Appendix F) or the WVDE/County/School Technology Personnel Secure Materials and Test Procedures Agreement (Appendix H) to the appropriate test administrator. This signed agreement, along with the Verification of Training for Principals, School Test Coordinators, County/School Personnel (Examiners/Scribes/Other School Personnel) (Appendix I), must be kept on file at the school by the principal/school test coordinator.

7.10.a. The examiners and technology specialists shall not review any specific information from secure tests with students or use the information to create review worksheets or any other test item-related aids that would improve students' test scores.

7.10.b. The examiners and technology specialists shall not review or examine in any manner a student’s test booklet, answer sheet, and/or online entries throughout the test administration.

7.11. The WVDE will routinely review counties, schools, classrooms, and testing labs to identify irregularities in testing security procedures, modifications of test answer sheets, or other alleged unethical practices. The repercussions for testing security violations and/or copyright infringements are outlined in this policy.

7.12. All allegations of cheating, security breach, testing administration breach, or copyright infringement shall be reported according to the following protocol.

7.12.a. All allegations that occur in the school shall be reported to the principal.

7.12.b. The principal shall report all allegations to the county test coordinator.

7.12.c. The county test coordinator shall report all allegations to the county superintendent and the WVDE.

7.13. The WVDE shall report allegations that compromised the administration or the integrity of a WV-MAP assessment to the State Superintendent.

7.13.a. The WVDE holds the authority to determine whether to invalidate a test and whether a retake will be administered.

7.14. When the circumstances of reporting an alleged breach directly to an administrator may place an informant in jeopardy, the alleged breach may be reported directly to the WVDE.

W. Va. Code R. § 126-14-8 Investigation of Alleged Cheating/Security Breach/Testing Administration Breach/Copyright Infringement

8.1. Any written complaint and/or oral report alleging cheating, security breach, testing administration breach, or copyright infringement shall be reported immediately, according to the protocol in this policy, to the principal and county test coordinator with a copy to the county superintendent (or organization) where the allegations occurred. The county test coordinator shall immediately contact the WVDE, which will advise the county about the procedures to follow regarding any investigation.

8.1.a. All complaints, whether reported by a named individual or anonymously, or initiated by the WVDE based on analysis of test data, will be reviewed by the WVDE, and a decision will be made as to whether an investigation will be conducted.

8.2. An investigation must occur in a timely and efficient manner and shall be jointly conducted by the designated staff of the WVDE in consultation with the county superintendent (or designated staff) where the allegation(s) occurred unless the WVDE identifies an alternate investigative plan.

8.3. The county shall maintain confidentiality and shall not conduct investigations at the county level before receiving authorization to proceed from the WVDE.

8.3.a. The investigation must, at a minimum, consist of personal interviews with the reporter, if known; the individual(s) against whom the allegation(s) is/are filed; and any other individual who may have knowledge of the allegations.

8.3.b. The investigative team must take immediate steps to protect the confidentiality of the complainant, students, teachers, administrators, and other personnel, including the individual(s) against whom the allegation(s) is/are made, pending the completion of an investigation of cheating, a security breach, a testing administration breach, or copyright infringement.

8.3.c. The investigation may consist of any other methods and review of the circumstances deemed pertinent by the investigators within the bounds of the law.

8.4. Upon completion of the investigation, a report consisting of written findings and final recommendations based on all the facts and surrounding circumstances must be submitted for the county to the State Superintendent in a timely manner and shall include a determination of whether misconduct did or did not occur or whether misconduct could not be determined.

8.4.a. If it is determined a violation occurred, one or more of the following recommendations shall be made:

8.4.a.1. invalidating the test scores of students/classes/schools/county;

8.4.a.2. if the testing window has not closed, retesting of students will be considered with the county (or school if requested by county) assuming the cost of both purchasing and scoring of the forms;

8.4.a.3. re-aggregating the test data for valid test results for students/schools/ counties/state;

8.4.a.4. retraining of administrator/examiner/technology specialist involved in the investigation;

8.4.a.5. banning administrator/examiner/technology specialist from handling of or administering WV-MAP secure materials for any determined misconduct; and

8.4.a.6. action from county superintendent as per section 8.7.a or county board as per section 8.7.b.

8.5. Upon acceptance of the report by the State Superintendent, a copy of the report, along with the State Superintendent’s letter of acceptance of the report, will be sent to the county superintendent.

8.6. Upon receipt of the investigative team’s report, the county superintendent may request in writing any recorded conversations, written statements, and/or other documents or materials obtained during the investigation. The requested materials shall be mailed to the county superintendent via certified mail with proof of receipt.

8.7. Within 60 days of receipt of the letter from the State Superintendent accepting the recommendations of the investigative team, the county superintendent shall report in writing to the State Superintendent the status of further proceedings and any action taken. This report shall include the following:

8.7.a. action taken by the county superintendent:

8.7.a.1. no action;

8.7.a.2. written reprimand;

8.7.a.3. improvement plan; or

8.7.a.4. other, including ongoing investigation(s).

8.7.b. action taken by the county board:

8.7.b.1. no action;

8.7.b.2. suspension;

8.7.b.3. termination; or

8.7.b.4. other.

8.8. Within 90 days of the receipt of a report detailing the county’s final action taken, the State Superintendent will review the action taken by the county to determine whether to close the case or to initiate licensure/certification/permit suspension or revocation. The county superintendent and individual(s) against whom the complaint was filed will be notified of the decision within this timeframe.

8.8.a. The State Superintendent may: 1) revoke the teaching license/certification/ permit pursuant to W. Va. Code §18A-3-6, or 2) decline to grant a license or a license renewal pursuant to W. Va. Code §18A-3-2a for any person who knowingly and willfully acted in a manner that may compromise the integrity of assessments in this policy and pilot tests and field tests sanctioned by the WVDE. Behavior giving rise to such action by the State Superintendent includes but is not limited to:

8.8.a.1. giving unauthorized access to secure test questions and/or answer keys or infringement of copyrighted materials;

8.8.a.2. retaining, reproducing, paraphrasing, or discussing all or any portion of a secure test;

8.8.a.3. prompting or assisting examinees during testing or altering or creating examinees’ responses in any way;

8.8.a.4. providing a false certification on any Secure Materials and Test Procedures Agreement or County/School Personnel Secure Materials Agreement (Appendix G);

8.8.a.5. manipulating the test administration, demographic data, or the students’ answers or data; and

8.8.a.6. participating in, directing, aiding or abetting, or assisting in any of the acts prohibited in this policy and W. Va. Code §18-2E-1a.

8.8.b. The WVBE, in conjunction with the State Superintendent, shall have the authority to enforce copyright laws to ensure the integrity of the assessments in this policy, and maintain security as outlined in W. Va. Code §18-2E-1a(8).

8.9. WVDE/ county/school personnel shall not engage in any action that may compromise the certification, accreditation, or accountability designation of a school or school program.

W. Va. Code R. § 126-14-9 Severability

9.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Appendix A Testing Code of Ethics The Testing Code of Ethics addresses special concerns regarding appropriate professional practices within the WV-MAP, as well as appropriate professional conduct. The Testing Code of Ethics supplements the practices and procedures set forth by Policy 2340.

ETHICAL TESTING PRACTICES

Test Security County school personnel shall establish and implement procedures to ensure maximum test security and limit access of secure materials to applicable county/school personnel.

Apart from the scheduled test administration to students, secure test materials shall be stored in a locked and secured location by the county test coordinator in accordance with the test administration guidelines of each assessment.

The county test coordinator shall be responsible for the test booklets/answer sheets received by the county and shall maintain a record of the booklets sent to each school in accordance with the test administration guidelines of each assessment.

Before each test administration, materials must be distributed and stored according to instructions provided with the test. Tests must be secured at all times during test administration, including all breaks in the testing sequence. All test booklets (used and unused) and answer sheets, if applicable, must be counted, reconciled, and returned to a locked and secured area immediately upon the completion of each daily testing session.

Secure test materials in a school must be stored in a locked and secured location(s) before and after each daily testing session. Secure test materials are to be stored in the building before and after testing in accordance with the test administration guidelines of each assessment. Testing, including makeups, must occur during the testing window. Access to test booklets and answer sheets shall be restricted to the scheduled dates of test administration.

Any allegations of cheating, security breach, testing administration breach, copyright infringement, loss of materials, or other deviation from acceptable and ethical security procedures shall be reported immediately to the principal, county test coordinator, county superintendent, and the WVDE. The WVDE shall report allegations to the State Superintendent according to the protocol outlined in this policy.

No secure test materials, test questions, or student responses/answer sheets shall be reviewed, retained, reproduced, paraphrased, or discussed in any manner. Additionally, teachers and/or students may not alert examinees to the correct answer choice by any means, including but not limited to, pointing to the correct answer, eliminating answer choices, or mouthing the correct answer.

Personnel responsible for the testing program shall participate in the training for each assessment’s appropriate test administration procedures as outlined in Appendices B-H.

Each county test coordinator shall complete each required WVDE assessment training and sign a County Test Coordinator’s Secure Materials and Test Procedures Agreement (Appendix B). The agreements shall be filed at the WVDE before access to secure test materials is provided.

Each county technology coordinator shall complete each required WVDE assessment training and sign a WVDE/County/School Technology Personnel Secure Materials and Test Procedures Agreement (Appendix H). The agreement shall be on file with the county test coordinator before access to secure test materials is provided.

Principals shall complete each required county test coordinator’s assessment training and sign a Principal’s/Secure Materials and Test Procedures Agreement (Appendix D). The agreement shall be on file with the county test coordinator before access to secure test materials is provided.

School test coordinators shall complete each required county test coordinator’s training and sign School Test Coordinator’s Security Agreement and Test Procedures (Appendix E). The agreement shall be on file with the county test coordinator before access to secure test materials is provided.

Any individual who administers, handles, or has access to secure test materials at the county or school shall complete each required assessment’s training and sign the appropriate training verification form to remain on file in the appropriate office each year.

No one shall compromise test security or the accuracy of the test data and results by manipulating the test administration, test equipment, demographic data, or the students' answers or data.

Student test scores or test performance shall not be disclosed to unauthorized persons as per the FERPA, the Student DATA Act, Policy 4350, the WVDE Data Access and Management Guidance, and Policy 2340.

Test Administration Tests shall be administered only during the testing window established by the WVBE, except when requested, in writing, by the county superintendent and county test coordinator and subsequently approved by the WVDE.

Examiners of standardized tests shall rigorously follow the appropriate administrative procedures as directed in the test's administration manual(s).

All examiners shall strive to create a positive testing environment.

Students shall not have access to secure test content and materials.

Examiners shall limit assistance to students to only those issues concerning the mechanical aspects of selecting answers, clarifying directions, and finding the right place on answer sheets or electronic display. Examiners shall not indicate answers, point out the rationale of an item, or prompt students in any manner.

Students, examiners, and technology specialists shall be monitored to ensure that appropriate test-taking procedures and test security measures are followed.

Specific instructional information, as specified in the test manuals, shall not be displayed in the room during test administration.

Only references or tools specifically designated in test manuals are provided to students.

Accommodations, as appropriate, for students with IEPs, Section 504 Plans, or EL Plans shall be provided as established by their respective plans.

An examiner shall not administer tests to family members or individuals living in the same household.

Appropriate test preparation is recommended and may include the use of diagnostic and interim assessments, the formative assessment process, standards-focused instruction, and the development of study skills and test-taking strategies.

Test Notification Students and parents/guardians shall be: given notification before testing; provided information on the purposes and descriptions of the test and uses of the test results; and encouraged to follow test preparation procedures.

Appendix B West Virginia Board of Education Policy 2340, West Virginia Measures of Academic Progress West Virginia Constitution, Article XII, §2; W. Va. Code §18-2E-1a(8), requires that the West Virginia Board of Education “ensure that all statewide assessments of student performance are secure.”

County Test Coordinator's Secure Materials and Test Procedures Agreement I acknowledge that I will have access to secure assessments in the WV-MAP. I also acknowledge that I have read, understand, and agree to adhere to Policy 2340, including the Testing Code of Ethics (Appendix A), for all assessments within this policy. I understand that these materials are secure, and it is my professional responsibility to protect their security. I agree to complete each assessment’s required training.

I will not retain, copy, reproduce, paraphrase, distribute, or review/discuss secure test items or student responses.

I will implement procedures to ensure maximum test security. Access to secure materials, including methods of authentication, will be restricted to the test administration period designated by the state-mandated testing window.

I am responsible for the distribution of secure testing materials, including counting, reconciling, and returning all test booklets/answer sheets (used and unused) according to the instructions provided with the test, before and after each test administration. A record of the number of booklets and other identifying characteristics sent to and returned from each school shall be kept.

I am responsible for the shipment of the test booklets/answer sheets to the schools no earlier than five instructional days before the testing window and returned to me by the schools on the date determined by the county. I will ensure that test materials are securely stored in the buildings according to the instructions provided with the test and that all testing must occur during the testing window.

I will immediately report any loss of materials, cheating, security breach, testing administration breach, copyright infringement, or other deviation from acceptable security procedures to the county superintendent and the WVDE.

I will properly instruct the principals and school test coordinators in appropriate test security and test administration procedures, including the Testing Code of Ethics (Appendix A).

I will collect and retain the signed Principal’s Secure Materials and Test Procedures Agreement (Appendix D) and School Test Coordinator’s Secure Materials and Test Procedures Agreement (Appendix E) if applicable, for each school in the county by September 30.

I will not release secure test administration materials to a school without the signed Principal’s Secure Materials and Test Procedures Agreement (Appendix D) and verification of training of all other applicable school personnel.

I will not disclose individual student test scores or test performance data to unauthorized persons as outlined in FERPA, the Student DATA Act, Policy 4350, the WVDE Data Access and Management Guidance, and Policy 2340.

I will not violate test security or the accuracy of the test data or score results by manipulating the test administration, demographic data, or the students’ answers or data.

I will not share my method of authentication, including, but not limited to, my username and password to access any testing platform or student data/results.

I will not give students access to test questions or answer keys.

If serving as an examiner for an online assessment, I will not offer technical assistance (e.g., accessing the dictionary, grammar checks, formatting functions, etc.) that might alter the accuracy of student responses in the web-based assessment before, during, or after the administration of the test.

I understand that if a breach of test security or copyright infringement occurs as a direct result of my actions, my license/certification may be suspended or revoked, or I may be suspended, terminated, or have other action taken.

Please print your name, sign, and return the County Test Coordinator’s Secure Materials and Test Procedures Agreement to the WVDE before access to secure test materials is provided.

Print Name: _______________________________________________________ Date: ____________________________________________________________ Signed copies of this form should be kept on file at the county office.

If this form is not on file, it will be considered a breach of security by the county and WVBE.

This agreement is valid for the academic year of the signatory date and shall be signed before

Appendix C West Virginia Board of Education Policy 2340, West Virginia Measures of Academic Progress West Virginia Constitution, Article XII, §2; W. Va. Code §18-2E-1a(8), requires that the West Virginia Board of Education “ensure that all statewide assessments of student performance are secure.”

County Technology Coordinator or Technology Vendor Secure Materials and Test Procedures Agreement I acknowledge that I will have access to secure assessments in the WV-MAP. I also acknowledge that I have read, understand, and agree to adhere to Policy 2340, including the Testing Code of Ethics (Appendix A), for all assessments within this policy. I understand that these materials are secure, and it is my professional responsibility to protect their security.

I will not retain, copy, reproduce, paraphrase, distribute, or review/discuss secure test items, testing materials, or student responses.

I will implement or follow (as my position requires) procedures to ensure maximum test security. Access to secure materials, including methods of authentication, will be restricted to the test administration period designated by the state-mandated testing window.

I will immediately report any loss of materials, cheating, security breach, testing administration breach, copyright infringement, or other deviation from acceptable security procedures to the county superintendent and the WVDE.

I will not release or upload secure test administration materials, questions, answer keys, or other testing materials to a school before having signed this security agreement.

I will not disclose individual student test scores or test performance data to unauthorized persons as outlined in FERPA, the Student DATA Act, Policy 4350, the WVDE Data Access and Management Guidance, and Policy 2340.

I will not violate test security or the accuracy of the test data and results by manipulating the test administration, demographic data, or the students’ answers or data.

I will not share my method of authentication, including, but not limited to, my username and password to access any testing platform or student data/results.

I will not provide access to test items or answer keys.

If serving as an examiner for an online assessment, I will not offer technical assistance (e.g., accessing the dictionary, grammar checks, formatting functions, etc.) that might alter the accuracy of student responses in the web-based assessment before, during, or after the administration of the test.

I understand that, if I am a county employee, and if a breach of test security or copyright infringement occurs as a direct result of my actions, my license/certification may be suspended or revoked, or I may be suspended, terminated, or have other action taken.

I understand that, if I am a vendor or employed by a vendor, and if a breach of test security or copyright infringement occurs as a direct result of my actions, the vendor contract may be revoked and other action may be taken.

Please print your name, sign, and return the County Technology Coordinator or Technology Vendor Secure Materials and Test Procedures Agreement to the WVDE before access to secure test materials is provided.

Print Name: _______________________________________________________ Date: ____________________________________________________________ Signed copies of this form should be kept on file at the county office.

If this form is not on file, it will be considered a breach of security by the county and WVBE.

This agreement is valid for the academic year of the signatory date and shall be signed before

Appendix D West Virginia Board of Education Policy 2340, West Virginia Measures of Academic Progress West Virginia Constitution, Article XII, §2; W. Va. Code §18-2E-1a(8), requires that the West Virginia Board of Education “ensure that all statewide assessments of student performance are secure.”

Principal's Secure Materials and Test Procedures Agreement I acknowledge that I will have access to secure assessments in the WV-MAP Progress. I also acknowledge that I have read, understand, and agree to adhere to Policy 2340, including the Testing Code of Ethics (Appendix A), for all assessments within this policy. I understand that these materials are secure, and it is my professional responsibility to protect their security. I agree to complete each assessment’s required training.

I will not keep, copy, reproduce, paraphrase, distribute, or review/discuss secure test items or student responses.

I will implement procedures to ensure maximum test security. Access to secure materials, including methods of authentication, will be restricted to the test administration period designated by the state-mandated testing window.

I am responsible for the distribution of secure testing materials, including counting, reconciling, and returning all test booklets/answer sheets (used and unused) according to the instructions provided with the test, before and after each test administration. A record of the number of booklets and other identifying characteristics sent to and returned from my assigned school shall be kept.

I am responsible for the test booklets/answer sheets shipped to and returned from my school and will ensure that test materials are securely stored in a locked and secure central location(s) before and immediately following each daily testing session.

I will immediately report any loss of materials, cheating, security breach, testing administration breach, copyright infringement, or other deviation from acceptable security procedures to the county test coordinator.

I will ensure all applicable personnel receive the proper instruction in appropriate test security and test administration procedures, including the Testing Code of Ethics (Appendix A).

I will collect and retain the signed Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement (Appendix F) and County/School Personnel Secure Materials Agreement (Appendix G) for all applicable personnel in the building no later than five instructional days before the first day of testing. Verification of all trained school personnel with a signed Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement (Appendix F) and County/School/Personnel Secure Materials Agreement (Appendix G) will be on file with the county test coordinator no later than five instructional days before the first day of testing.

I will not disclose individual student test scores or test performance data to unauthorized persons as outlined in FERPA, the Student DATA Act, Policy 4350, the WVDE Data Access and Management Guidance, and Policy 2340.

I will not violate test security or the accuracy of the test data score results by manipulating the test administration, demographic data, or the students’ answers or data.

I will not share my method of authentication, including, but not limited to, my username and password to access any testing platform or student data/results.

I will not give students access to test questions or answer keys.

I will monitor examiners and students to ensure that only references or tools specifically designated in test manuals or by accommodations are provided.

I will check testing rooms before the beginning of test administration to ensure that all specific information, as specified by the test manual, is not displayed in the room during the test administration.

I will ensure that examiners comply with the appropriate accommodations for students with IEPs, Section 504 Plans, and EL Plans when so designated in the test manual.

I am responsible for monitoring and verifying that the school test coordinator(s), if applicable, has/have fulfilled the assigned duties.

If serving as an examiner for an online assessment, I will not offer technical assistance (e.g., accessing dictionary, grammar checks, formatting functions, etc.) that might alter the accuracy of student responses in the web-based assessment before, during, or after the administration of the test.

I understand that if a breach of test security or copyright infringement occurs as a direct result of my actions, my license/certification may be suspended or revoked, or I may be suspended, terminated, or have other action taken.

Please print your name, sign, and return the Principal’s Secure Materials and Test Procedures Agreement to the county test coordinator before access to secure test materials is provided.

Signature: __________________________________________________________ Print Name: _________________________________________________________ School: __________________________________ Date: _____________________ Signed copies of this form should be kept on file at the school and the county office.

If this form is not on file, it will be considered a breach of security by the county and WVBE.

This agreement is valid for the academic year of the signatory date and shall be signed before

Appendix E West Virginia Board of Education Policy 2340, West Virginia Measures of Academic Progress West Virginia Constitution, Article XII, §2; W. Va. Code §18-2E-1a(8), requires that the West Virginia Board of Education “ensure that all statewide assessments of student performance are secure.”

School Test Coordinator's Secure Materials and Test Procedures Agreement (Other than Principal)

I acknowledge that I will have access to secure assessments in the WV-MAP. I also acknowledge that I have read, understand, and agree to adhere to Policy 2340, including the Testing Code of Ethics (Appendix A), for all assessments within the WV-MAP. I understand that these materials are secure, and it is my professional responsibility to protect their security. I agree to complete each assessment’s required training.

I will not keep, copy, reproduce, paraphrase, distribute, or review/discuss secure test materials and/or test items or student responses.

I will implement procedures to ensure maximum test security. Access to secure materials, including methods of authentication, will be restricted to the test administration period designated by the state-mandated testing window.

I will distribute the secure testing materials, including counting, reconciling, and returning all test booklets/answer sheets (used and unused) according to the instructions provided with the test, before and after each test administration. A record of the number of booklets and other identifying characteristics sent to and returned to my school shall be given to and kept by the principal.

I am responsible, to the principal, for the test booklets/answer sheets shipped to and returned from my school and will ensure that test materials are securely stored in a locked and secure location(s) before and immediately following each daily testing session.

I will immediately report any loss of materials, cheating, security breach, testing administration breach, copyright infringement, or other deviation from acceptable security procedures to the principal.

I will ensure all applicable personnel receive the proper instruction in appropriate test security and test administration procedures, including the Testing Code of Ethics (Appendix A), if assigned by the principal to do so.

I will collect, if assigned to do so, and give to the principal, the signed Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement (Appendix F) and County/School Personnel Secure Materials Agreement (Appendix G) for all applicable personnel in the building no later than five instructional days before the first day of testing. Verification of all trained school personnel with a signed Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement (Appendix F) and County/School Personnel Secure Materials Agreement (Appendix G) will be given to the principal no later than five instructional days before the first day of testing.

I will not disclose individual student test scores or test performance data to unauthorized persons as outlined in FERPA, the Student DATA Act, Policy 4350, the WVDE Data Access and Management Guidance, and Policy 2340.

I will not violate test security or the accuracy of the test data score results by manipulating the test administration, demographic data, or the students’ answers or data.

I will not share my method of authentication, including, but not limited to, my username and password to access any testing platform or student data/results.

I will not give students access to test questions or answer keys.

I will monitor examiners and students to ensure that only references or tools specifically designated in test manuals or by accommodations are provided.

I will check testing rooms before the beginning of test administration to ensure that all specific information, as specified by the test manual, is not displayed in the room during the test administration.

I will ensure that examiners comply with the appropriate accommodations for students with IEPs, Section 504 Plans, and EL Plans when so designated in the test manual.

If serving as an examiner for online assessment, I will not offer technical assistance (e.g., accessing the dictionary, grammar checks, formatting functions, etc.) that might alter the accuracy of student responses in the web-based assessment before, during, or after the administration of the test.

I understand that if a breach of test security or copyright infringement occurs as a direct result of my actions, my license/certification may be suspended or revoked, or I may be suspended, terminated, or have other action taken.

Please print your name, sign, and return the School Test Coordinator’s Secure Materials and Test Procedures Agreement to the county test coordinator before access to secure test materials is provided.

Signature: _________________________________________________________ Print Name: _______________________________________________________ School: ____________________________________ Date: _________________ Signed copies of this form should be kept on file at the school and the county office.

If this form is not on file, it will be considered a breach of security by the county and WVBE.

This agreement is valid for the academic year of the signatory date and shall be signed before

Appendix F West Virginia Board of Education Policy 2340, West Virginia Measures of Academic Progress West Virginia Constitution, Article XII, §2; W. Va. Code §18-2E-1a(8), requires that the West Virginia Board of Education “ensure that all statewide assessments of student performance are secure.”

Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement I acknowledge that I will have access to secure assessments in the WV-MAP. I also acknowledge that I have read, understand, and agree to adhere to Policy 2340, including the Testing Code of Ethics (Appendix A), for all assessments within this policy. I understand that these materials are secure, and it is my professional responsibility to protect their security. I agree to complete each assessment’s required training.

I will not keep, copy, reproduce, paraphrase, distribute, or review/discuss secure test materials and/or test items.

I will not use test items, test booklets/answer sheets, or any of the information contained in an assessment to review/prepare students for a test.

I will not allow access to the test materials or answer keys to any student or any other person not so authorized by the principal.

I will not alter students’ responses in any manner (indicate answers, point out the rationale, prompt, etc.).

I will not share my method of authentication, including, but not limited to, my username and password to access any testing platform or student data/results.

I will not disclose individual student test scores or test performance data to unauthorized persons as outlined in FERPA, the Student DATA Act, Policy 4350, the WVDE Data Access and Management Guidance, and Policy 2340.

If serving as an examiner for the alternate assessment, I will adhere to the prompting hierarchies and document all applicable assistive technology to ensure the accuracy of student responses.

If serving as an examiner for students with IEPs, Section 504 Plans, or EL Plans, I will adhere to the accommodations listed therein and monitor using the appropriate process as identified by the WVDE.

If serving as an examiner for an online assessment, I will not offer technical assistance (e.g., accessing the dictionary, grammar checks, formatting functions, etc.) that might alter the accuracy of student responses in the web-based assessment before, during, or after the administration of the test.

I understand that I can only use an electronic device, such as a cell phone, during test administration only to communicate directly with the principal and/or school test coordinator to address any immediate issues (e.g., technology issues, medical emergencies, testing disruptions, etc.) that might arise during testing.

I understand that electronic devices used in alleged cheating cases will be confiscated until the county, in consultation with local legal counsel, has determined the device contains no secure testing information.

I have read and understand Policy 2340.

I understand that if a breach of test security or copyright infringement occurs as a direct result of my actions, my license/certification/permit may be suspended or revoked, or I may be suspended, terminated, or have other action taken.

Please print your name, sign, and return the Examiner’s/Scribe’s Secure Materials and Test Procedures Agreement to the appropriate test administrator five instructional days before administering any assessment.

Print Name: _______________________________________________________ Position: __________________________________________________________ School: __________________Date: Signed copies of this form should be kept on file at the school and the county office.

If this form is not on file, it will be considered a breach of security by the county and WVBE.

This agreement is valid for the academic year of the signatory date and shall be signed before

Appendix G West Virginia Board of Education Policy 2340, West Virginia Measures of Academic Progress West Virginia Constitution, Article XII, §2; W. Va. Code §18-2E-1a(8), requires that the West Virginia Board of Education “ensure that all statewide assessments of student performance are secure.”

County/School Personnel Secure Materials Agreement (For all personnel with access to secure materials who will not administer or transcribe an assessment.)

I acknowledge that I will have access to secure assessments in the WV-MAP. I also acknowledge that I have read, understand, and agree to adhere to Policy 2340, including the Testing Code of Ethics (Appendix A), for all assessments within this policy. I understand that these materials are secure, and it is my professional responsibility to protect their security.

I will not keep, copy, reproduce, paraphrase, distribute, or review/discuss secure test materials and/or test items.

I will not allow access to the test materials or answer keys to any person unless authorized to do so by the county test coordinator or principal.

I will not alter students’ responses in any manner.

I will not share my method of authentication, including, but not limited to, my username and password to access any testing platform or student data/results.

I will immediately report any loss of materials, damages, or other deviations from acceptable security procedures to either the county test coordinator or principal.

I will not offer technical assistance (e.g., accessing the dictionary, grammar checks, formatting functions, etc.) that might alter the accuracy of student responses in the web-based assessment, before, during, or after the administration of the test.

I understand that if a breach of test security or copyright infringement occurs as a direct result of my action(s), my license/certification, if applicable, may be suspended or revoked, or I may be suspended, terminated, or have other action taken.

Please print your name, sign, and return the County/School Personnel Secure Materials Agreement to the county test coordinator or principal before access to secure test materials is provided.

Print Name: ______________________________________________________ Position: __________________________________________________________ School/Department: _______________________________ Date: ____________ Signed copies of this form should be kept on file at the school and the county office.

If this form is not on file, it will be considered a breach of security by the county and WVBE.

This agreement is valid for the academic year of the signatory date and shall be signed before

Appendix H West Virginia Board of Education Policy 2340, West Virginia Measures of Academic Progress West Virginia Constitution, Article XII, §2; W. Va. Code §18-2E-1a(8), requires that the West Virginia Board of Education “ensure that all statewide assessments of student performance are secure.”

WVDE/County/School Technology Personnel Secure Materials and Test Procedures Agreement (For all technology personnel with access to online testing systems.)

I acknowledge that I will have access to secure assessments in the WV-MAP. I also acknowledge that I have read, understand, and agree to adhere to Policy 2340, including the Testing Code of Ethics (Appendix A), for all assessments within this policy, including pilot tests and field tests sanctioned by WVDE. I understand that these materials are secure, and it is my professional responsibility to protect their security.

I will implement procedures to ensure maximum test security. Access to secure materials, including methods of authentication, will be restricted to the test administration period designated by the state-mandated testing window.

I will ensure that all secure content and security features have been installed and/or updated on all devices to be used for administering statewide assessments and shall ensure the school’s wireless connections are secure for testing.

I will not access operational test materials or answer keys.

I will not provide access to test items or answer keys.

I will not keep, copy, reproduce, paraphrase, distribute, or review/discuss secure test materials and/or test items.

I will not answer any items on the operational test as a student or with a fictitious name.

I will not share my method of authentication, including, but not limited to, my username and password to access any testing platform or student data/results.

I will immediately report any loss of materials, damages, or other deviations from acceptable security procedures to either the county test coordinator or principal.

I understand that if a breach of test security or copyright infringement occurs as a direct result of my action(s), my license/certification, if applicable, may be suspended or revoked, or I may be suspended, terminated, or have other action taken.

Please print your name, sign, and return the WVDE/County/School Technology Secure Materials Agreement to the county test coordinator or principal before access to secure test materials is provided.

Print Name: ______________________________________________________ Position: __________________________________________________________ School/Department: _______________________________ Date: ____________ Signed copies of this form should be kept on file at the school and the county office.

If this form is not on file, it will be considered a breach of security by the county and WVBE.

This agreement is valid for the academic year of the signatory date and shall be signed before

Appendix I Training Session _____ of _____ Page _____ of _____ State of West Virginia West Virginia Board of Education County of ___________________________ Policy 2340, West Virginia Measures of Academic Progress School _____________________________ Verification of Training for Principals, School Test Coordinators, County/School Personnel (Examiners/Scribes/Other School Personnel)

By signing my name below, I acknowledge that I have received training in secure materials, test procedures, test administration, and Policy 2340 for the assessment indicated by a √.

Check ☐ College- and Career-Readiness Assessment ☐ WVGSA ☐ WVASA ☐ Pilot/Field Test ______________________ ☐ Policy 2340 ☐ CTE Technical Assessment ☐ ELP Assessment Date of Training Printed Name Signature Position By signing below, I verify I have trained the above personnel in secure materials, test procedures, and test administration for the indicated assessment. _____________________________________________ __________________________________________ ____________________________ Signature of Trainer Printed Name of Trainer Date County administrator/principal/school test coordinator must have signed copies of Appendix I on file five instructional days before each testing window.

Series 015 Regulations and English Language Proficiency Standards for English Learners (Policy 2417)

W. Va. Code R. § 126-15-1 General

Scope. -- This legislative rule defines the expectations for programs of study for improving the English language proficiency of English learners (ELs) including those ELs with signification cognitive disabilities.

Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §18-2-5 and §18-9A-22; and Public Law 114-95 Elementary and Secondary Act (ESEA) of 1965, as amended by Every Student Succeeds Act of 2015.

Filing Date. -- April 14, 2022.

1.4. Effective Date. -- May 16, 2022.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR15, Policy 2417, Regulations and English Language Proficiency Standards for English Learners (Policy 2417), filed June 15, 2017, and effective July 17, 2017.

W. Va. Code R. § 126-15-2 Definitions

2.1. A student who is an English Learner (EL) in the State of West Virginia is classified according to the federal government definition as described in the ESEA. An EL is classified as one:

2.1.a. who is aged 3 through 21; and

2.1.b. who is enrolled or preparing to enroll in an elementary school or secondary school; or

2.1.c. who was not born in the United States or whose native language is a language other than English; or

2.1.c.1. who is a Native American or Alaska Native, or a native resident of outlying areas; and

2.1.c.2. who comes from an environment where a language other than English has had a significant impact on the individual’s level of English Language Proficiency (ELP); or

2.1.c.3. who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

2.1.d. whose difficulties speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:

2.1.d.1. the ability to meet the challenging state academic standards;

2.1.d.2. the ability to successfully achieve in classrooms where the language of instruction is English; or

2.1.d.3. the opportunity to participate fully in society.

2.2. EL with significant cognitive disabilities (ELSCD) are individuals who have one or more disabilities that significantly limit their intellectual functioning and adaptive behavior as documented in their Individualized Education Programs (IEP), and who are progressing toward ELP in speaking, reading, writing, and understanding. To be eligible for the Alternate ELP (ALT ELP) Assessment, students must meet the criteria for significant cognitive disability. For further information on the criteria for significant cognitive disabilities, refer to W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419).

2.3. ELP. The criteria for ELP (exit EL status) are:

2.3.a. student no longer meets the definition of an EL; and

2.3.b. student no longer participates in language assistance programs nor receives monitoring services as a former EL; and

2.3.c. student scores proficient on the West Virginia ELP Assessment or scores proficient on the ALT ELP Assessment.

W. Va. Code R. § 126-15-3 Regulations

3.1. Each county shall provide a parent or guardian with notification, detailing federally-defined criteria, that outlines the child’s identification as an EL no later than 30 days after the beginning of the school year or within the first two weeks of placement for those children who have not been identified as ELs prior to the beginning of the school year but are identified an EL during such school year.

3.2. Each county shall use the ELP Standards or the ALT ELP Standards as a framework for providing an effective Language Instruction Educational Program (LIEP). LIEP shall be developed by the EL Committee. The purpose of the LIEP is to facilitate the student’s achievement of English proficiency and the academic content standards as set forth in W. Va. 126CSR44A through 44U, Policy 2520 series, West Virginia College- and Career-Readiness Standards.

3.2.a. EL Committee is defined in 126CSR14, Policy 2340, West Virginia Measures of Academic Progress (WVMAP) (Policy 2340).

Each county shall provide effective teachers who meet West Virginia licensing requirements for teaching EL to deliver the LIEP and shall provide on-going, sustained, annual opportunities for professional development.

3.4. Each county shall annually address classroom and assessment EL accommodations through an EL Committee for each EL participating in the LIEP.

3.5. All public school students identified as ELs and ELSCDs shall participate in the WVMAP as set forth in Policy 2340 as determined by the EL Committee. Using the EL Assessment Participation Form, the EL Committee will annually determine the appropriate EL accommodations.

3.5.a. When the EL is a student with an exceptionality, as identified under Policy 2419 and/or Public Law 93‑112, Section 504 of The Rehabilitation Act of 1973 (Section 504), the respective IEP Team/EL Committee or Section 504 Committee/EL Committee shall determine the student’s appropriate WVMAP assessment participation as set forth in Policy 2340.

3.6. Each county shall conduct an annual assessment of EL’s ELP using the West Virginia ELP Assessment or an annual assessment of ELSCD’s ELP using the West Virginia Alternate Assessment during the testing window established by the West Virginia Department of Education (WVDE).

3.7. Each county Title III director shall be responsible for the collection and maintenance of EL student data using the West Virginia Education Information System (WVEIS).

3.8. Each county shall promote the engagement of parents of ELs in the educational program of their children.

3.9. Each county shall exit ELs from the LIEP based on criteria established by the WVDE and available through the WVDE Office of Federal Programs and Support.

W. Va. Code R. § 126-15-4 Incorporation by Reference

4.1. A copy of the Regulations and English Language Proficiency Standards for English Learners and Alternate English Language Proficiency Standards for English Learners with Significant Cognitive Disabilities is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the WVDE Office of Federal Programs and Support.

W. Va. Code R. § 126-15-5 Summary of the Standards

5.1. The WVBE has the responsibility for establishing high quality standards pertaining K-12 education programs (W. Va. Code §18-9A-22). The performance standards and objectives provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. The performance standards document includes performance standards for ELP and ALT ELP, an explanation of terms, and objectives that reflect a rigorous and challenging curriculum.

W. Va. Code R. § 126-15-6 Severability

6.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Regulations and English Language Proficiency (ELP) Standards for English Learners (ELs) and Alternate English Language Proficiency (ALT ELP) Standards for English Learners with Significant Cognitive Disabilities (ELSCDs) (Policy 2417)

Introduction The ELP Standards, developed for Kindergarten, grade 1, and grade bands 2-3, 4-5, 6-8, and 9-12, highlight and amplify the critical language, knowledge about language, and skills using language that are in college and career-readiness standards and that are necessary for ELs to be successful in schools and in life. The ten ELP Standards highlight a strategic set of language functions (what students do with language to accomplish content‑specific tasks) and language forms (vocabulary, grammar, and discourse specific to a particular content area or discipline) which are needed by ELs as they develop competence in the practices associated with English language arts (ELA) and literacy, mathematics, and science. The five ELP levels for each of the ELP Standards address what an EL’s language use looks like at each ELP level as a student progresses toward independent participation in grade-appropriate activities.

The ALT ELP Standards, for ELSCDs, were developed for Kindergarten, grade 1, and grade bands 2‑3, 4-5, 6-8, and 9-12. ELSCDs are students who have been identified by IEP Teams as having significant cognitive disabilities and by an ELP screening instrument as needing English development services. ELSCDs are a diverse group of students who, for the purposes of developing the ALT ELP Standards are defined as students who are progressing and who have one or more disabilities that significantly affect their cognitive functioning and adaptive behavior.

Guiding Principles Potential ELs have the same potential as native speakers of English to engage in cognitively complex tasks. Regardless of ELP level, all ELs need access to challenging, grade-appropriate curriculum, instruction, and assessment and benefit from activities requiring them to create linguistic output. Even though ELs will produce language that includes features that distinguish them from their native-English-speaking peers, it is possible for ELs to achieve the standards for college- and career‑readiness.

ELSCDs have the same potential to communicate in everyday school, community, and home environments and engage in a range of social and academic tasks as their peers who have significant cognitive disabilities but who are not ELs. Like non-EL peers, English language development (ELD) for ELSCDs must be specific to the individual child.

Funds of Knowledge ELs’ and ELSCDs’ primary languages and other social, cultural, and linguistic background knowledge and resources (i.e., their funds of knowledge) are useful tools to help them navigate back and forth among their schools and their communities’ valuable resources as they develop the social, cultural, and linguistic competencies required for effective communication in English. In particular, an awareness of culture should be embedded within curriculum, instruction, and assessment provided to ELs and ELSCDs since the more one knows about the other language and culture, the greater the chances of creating the appropriate cultural interpretation of a written or spoken text. Awareness of and sensitivity to students’ funds of knowledge should be reflected in curriculum, instruction, and assessment because funds of knowledge affect students’ interpretation of spoken and written texts, their interactions, and their use of language.

Diversity in EL Progress in Acquiring English Language Proficiency A student’s ability to demonstrate proficiency at a particular ELP level will depend on context, content-area focus, a student’s level of development, and unique communication needs as they relate to different abilities. Thus, a student’s designated ELP level represents a typical current performance level, not a fixed status. An ELP level does not identify a student (e.g., Level 1 student), but rather identifies what a student knows and can do at a particular stage of ELD, for example, a student at Level 1 or a student whose listening performance is at Level 1. Progress in acquiring English may vary depending upon program type (e.g., based on the student’s IEP or LIEP), age at which entered program, initial English proficiency level, native language literacy, and other factors. Within these ELP Standards, we assume parallel development of language and content-area knowledge, skills, and abilities. ELs do not need to wait until their ELP is sufficiently developed to participate in content area instruction and assessment. Research has shown that ELs can develop literacy in English even as their oral proficiency in English develops.

Proficiency levels and progress toward proficiency will likely vary across domains (listening, speaking, reading, writing) due to differences in communication modes. Some students will demonstrate proficiency in a domain through related skills (e.g., a deaf student demonstrating receptive language skills through sign language and reading, and a hearing student demonstrating receptive language skills through listening and reading). There also are cultural aspects to communication, including nonverbal communication, that account for variability in acquiring ELP among ELSCDs.

Scaffolding ELs at all levels of ELP should be provided with scaffolding in order to reach the next reasonable proficiency level as they develop grade-appropriate language capacities, particularly those that involve content-specific vocabulary and registers. The type and intensity of the scaffolding provided will depend on each student’s ability to undertake the particular task independently while continuing to uphold appropriate complexity for the student.

Simultaneous Development of Language and Content Knowledge ELSCDs can develop English language and content-area knowledge, skills, and abilities simultaneously. That said, while content-area knowledge, skills, and abilities are integrated with these standards, the focus of the standards for ELSCDs is on the development of English language proficiency to engage and participate in instruction in classrooms where English is the language of instruction as well as to communicate in everyday school, community, and home environments.

Students with Limited or Interrupted Formal Education ELs and ELSCDs with limited or interrupted formal education must be provided access to targeted supports that allow them to develop foundational literacy skills in an accelerated timeframe.

Special Needs of ELSCDs ELSCDs have both ELD and disability-related needs. These students can benefit from ELD services that are specific to the individual child. Students may take slightly different paths toward ELP. Additionally, these students may access information and demonstrate ELP knowledge and skills differently. Consideration of ALT ELP Standards for ELSCDs should be part of the planning, discussion, collaboration, and documentation of the student’s IEP. The EL teacher of record should be a member of the IEP Team for the ELSCD.

Access Supports and Accommodations Based on their individual needs, all ELs, including ELs with disabilities, should be provided access supports and accommodations for assessments, so that their assessment results are valid and reflect what they know and can do. Educators should be aware that these access supports and accommodations can be used in classroom instruction and assessment to ensure that students have access to instruction and assessment based on the ELP Standards. When identifying the access supports and accommodations that should be considered for ELs and ELs with IEPs or Section 504 Plans during classroom instruction and assessment, it is particularly useful to consider EL needs in relation to receptive and productive modalities.

ELSCDs, like all students with disabilities, have the right to receive instruction in the least restrictive environment with access to supports and accommodations as determined by the IEP Team. Educators should receive training to implement supports and accommodations as part of individualized, small, and whole group instruction (e.g., use of a scribe, if allowed: familiar test administrator) to ensure that they have access to instruction and assessment based on the ELP Standards. When identifying the access supports and accommodations that should be considered for these students, the IEP process should be used to consider communication needs in relation to receptive and productive modalities. The nature of the prompting and supports provided (e.g., type, intensity, duration) will depend on each student’s language and disability needs.

Multimedia, Technology, and New Literacies Multimedia technology should be considered in the design of curriculum, instruction, and assessment processes for ELs and ELSCDs. New understandings of literacy (e.g., visual and digital literacies) have emerged around use of information and communication. Relevant, strategic, and appropriate multimedia tools and technology, aligned to the ELP Standards and consistent with the learning and instructional experiences of the students, should be integrated into the design of curriculum, instruction, and assessment for ELs and ELSCDs.

Collaboration Supporting EL and ELSCDs’ communicative success requires collaboration to set high, realistic expectations. These standards are designed for collaborative use by English as a second language/ELD, special education, and content area educators in both ELD and content-area instruction. Explicit recognition that language acquisition takes place across the content areas fosters collaboration among educators and parents/guardians/caregivers to improve students’ learning experiences.

OVERVIEW

Program of Study Policy 2417 sets forth the expectations for ELP for all West Virginia ELs, including ELSCDs, in K-12 schools. The curriculum is designed to address the needs of all ELs and ELSCDs studying to acquire English language proficiency regardless of their native language or the grade level or proficiency level at which they study.

Organization of the ELP Standards and ALT ELP Standards For the purposes of clarity, the ten ELP Standards are organized according to a schema that represents each standard’s importance to ELs’ participation in the practices called for by college and -career-readiness ELA and Literacy, mathematics, and science standards.

The ELP Standards for ELs and the ALT ELP Standards for ELSCDs are organized as shown below.

ELP Standards are specified for each of six grade levels/grade bands: Kindergarten; grade 1; and grade bands 2-3, 4-5, 6-8, and 9-12.

Ten ELP Standards are common across the grade levels/grade bands. The standards reflect the language necessary for ELs to engage in the central content-specific practices associated with ELA and literacy, mathematics, and science, as well as linguistic features that function in support the language necessary to engage in such content-specific practices.

The levels 1–5 descriptors for each of the ten ELP Standards describe targets for EL performance by the end of each ELP level at a particular point in time. However, students may demonstrate a range of abilities within each ELP level. By describing the end of each ELP level for each ELP Standard, the levels 1–5 descriptors reflect a linear progression across the proficiency levels of an aligned set of knowledge, skills, and abilities. This is done for purposes of presentation and understanding; actual second language acquisition does not necessarily occur in a linear fashion within or across proficiency levels.

Three ELP levels for each ALT ELP Standard at each grade level/grade band address the question, “What might the language use look like at each ELP level as an ELSCD progresses toward full participation in grade-appropriate activities?” The three levels are: low, mid, and high.

The descriptions for each of the three ELP levels reflect targets of performance by the end of each ELP level in that grade or grade band. However, students may demonstrate a range of abilities within each ELP level. By describing the end of each ELP level for each standard, the three ELP level descriptors reflect a linear progression across the proficiency levels of an aligned set of knowledge, skills, and abilities.

Each of the ten original ELP standards was examined for its appropriateness for ELSCDs. All original standards were believed to be appropriate for ELSCDs except Standard 4. The essence of Standard 4 was kept, but the requirement to support oral and written claims with reasoning and evidence was deleted.

Table 1. Organization of the ELP Standards and ALT ELP Standards in Relation to Participation in Content-Area Practices ELP Standards and ALT ELP Standards Construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

Participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

Speak and write about grade-appropriate literary and informational texts and topics.

Construct grade-appropriate oral and written claims and support them with reasoning and evidence. (NOTE: Bolded section is not included in ALT ELP Standards.)

Conduct research and evaluate and communicate findings to answer questions or solve problems.

Analyze and critique the arguments of others orally and in writing.

Adapt language choices to purpose, task, and audience when speaking and writing.

Determine the meaning of words and phrases in oral presentations and literary and informational text.

Create clear and coherent grade-appropriate speech and text.

Make accurate use of standard English to communicate in grade-appropriate speech and writing.

Standards 1 through 7 involve the language necessary for Els and ELSCDs to engage in the central content-specific practices associated with ELA and literacy, mathematics, and science. They begin with a focus on extraction of meaning and then progress to engagement in these practices.

Standards 8 through 10 concentrate on some of the more micro-level linguistic features that are undoubtedly important to focus on, but only in the service of the other seven standards.

Organization of the ELP Standards by Modalities The ELP and ALT ELP Standards can be framed in relation to narrower domains of listening, speaking, reading, and writing and also in relation to broader receptive, productive, and interactive modalities. The interactive modalities category allows for emphasis on the need for ELs and ELSCDs to meaningfully engage with their native English-speaking peers during content area instruction. Standards 9 and 10 address the linguistic structures of English and are framed in relation to the college- and career-readiness standards for the ELA domain.

Modalities Domains Standard Receptive modalities: This mode refers to the learner as a reader or listener/viewer working with text whose author or deliverer is not present or accessible. It presumes that the interaction is with authentic written or oral documents where language input is meaningful and content laden. The learner brings background knowledge, experience, and appropriate interpretive strategies to the task to promote understanding of language and content in order to develop a personal reaction. listening and reading construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing determine the meaning of words and phrases in oral presentations and literary and informational text Productive modalities: The mode places the learner as speaker and writer for a distant audience, one with whom interaction is limited or is not possible. The communication is set for a specified audience, has purpose, and generally abides by rules of genre or style. It is a planned or formalized speech act or written document, and the learner has an opportunity to draft, get feedback, and revise, before publication or broadcast. speaking and writing speak and write about grade-appropriate complex literary and informational texts and topics construct grade-appropriate oral and written claims and support them with reasoning and evidence adapt language choices to purpose, task, and audience when speaking and writing Interactive modalities: Collaborative use of receptive and productive modalities. This mode refers to the learner as a speaker/listener and reader/writer, requiring two-way interactive communication where negotiation of meaning may be observed. The exchange will provide evidence of awareness of the socio-cultural aspects of communication as language proficiency develops. listening, speaking, reading, and writing participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions conduct research and evaluate and communicate findings to answer questions or solve problems analyze and critique the arguments of others orally and in writing Kindergarten ELP and ALT ELP Standards Standard 1 By the end of each English language proficiency level, an EL is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ELP.K.1

With prompting and support (including context and visual aids), use a very limited set of strategies to identify a few key words in read-alouds and oral presentations (information or stories presented orally).

With prompting and support (including context and visual aids), use an emerging set of strategies to identify some key words and phrases in read-alouds and oral presentations.

With prompting and support (including context and visual aids), use a developing set of strategies to identify main topics in read-alouds and oral presentations, and ask and answer questions about key details.

With prompting and support (including context and visual aids), use an increasing range of strategies to identify main topics, answer questions about key details or parts of stories from read-alouds, picture books, and oral presentations, and retell events from stories.

With prompting and support (including context and visual aids), use a wide range of strategies to identify main topics, answer questions about key details in read-alouds, picture books, oral presentations, and retell familiar stories.

By the end of each English language proficiency level, an ELSCD is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ALT ELP.K.1

With prompting and support, use a very limited set of strategies to identify a few keywords from read-alouds, oral presentations, and picture books.

Limited set of strategies refers to one or two different strategies the student successfully uses regularly (e.g., matching, point, nodding, yes or no responses).

With prompting and support, use an emerging set of strategies to identify some key words and main topics from read-alouds, oral presentations, and picture books.

Emerging set of strategies refers to one or two different strategies to show understanding of meaning (e.g., select multiple choice, put pictures in order, answer verbally with a sentence starter). answer questions about key details. retell basic information from read-alouds, oral presentations, and picture books.

Kindergarten ELP and ALT ELP Standards Standard 2 By the end of each English language proficiency level, an EL is able to participate in grade- appropriate oral and written exchanges of information, ideas, and analyses, and respond to peer, audience, or reader comments and questions.

ELP.K.2

Listen with limited participation in short conversations about familiar topics and respond to simple questions and some who, what, when, where (wh-) questions.

Participate in short conversations about familiar topics and respond to simple questions and wh- questions.

Participate in short conversations about familiar topics, follow some rules for discussion, and respond to simple questions and wh- questions.

Participate in conversations and discussions about a variety of topics, follow increasing number of rules for discussion, and ask and answer simple questions.

Participate in conversations and discussions about a variety of topics, follow rules for discussion, and ask and answer questions.

By the end of each English language proficiency level, an ELSCD is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, and respond to peer, audience, or reader comments and questions.

ALT ELP.K.2 listen with limited participation in short conversation. respond to simple yes/no questions about familiar topics.

Limited participation includes eyes on speaker or text with teacher prompting and proximity for redirection. Limited participation also refers to being able to add something to the conversation through whatever modality the student is most comfortable using, even if this means the student is repeating sounds or words. listen with some participation in short conversations. respond to simple yes/no and wh- questions. follow simple rules for discussion about familiar topics. respond to more complex yes/no and wh- questions. follow some rules for discussion about familiar topics.

Kindergarten ELP and ALT ELP Standards Standard 3 By the end of each English language proficiency level, an EL is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ELP.K.3

Communicate simple information or feelings about familiar topics or experiences.

Communicate simple information or feelings about familiar topics, experiences, events, or objects in the environment.

Communicate information or feelings about familiar topics, experiences, or events.

Tell or dictate simple messages about a variety of topics or experiences.

Make simple oral presentations and compose short written texts about a variety of topics, experiences, or events.

By the end of each English language proficiency level, an ELSCD is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ALT ELP.K.3

With prompting and support, communicate simple information or feelings about familiar topics or experiences.

With prompting and support, communicate simple information or feelings about familiar topics, experiences, or events.

With prompting and support, tell or dictate simple information about familiar topics, experiences, or events.

Kindergarten ELP and ALT ELP Standards Standard 4 By the end of each English language proficiency level, an EL is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ELP.K.4

Express a feeling or opinion about a familiar topic.

Express an opinion or preference about a familiar topic.

Express an opinion or preference about a familiar topic or story.

Express an opinion or preference about a variety of topics or stories.

Express an opinion or preference about a variety of topics or stories.

By the end of each English language proficiency level, an ELSCD is able to construct grade-appropriate oral and written claims.

ALT ELP.K.4

With prompting and support, indicate a feeling or opinion about a familiar topic showing limited control.

With prompting and support, identify a feeling or opinion about a familiar topic showing emerging control.

With prompting and support, express an opinion or preference about a familiar topic showing increasing control.

Kindergarten ELP and ALT ELP Standards Standard 5 By the end of each English language proficiency level, an EL is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ELP.K.5

With prompting and support, recall information from experience or from a provided source.

With prompting and support, recall information from experience or use information from a provided source to answer a question.

With prompting and support, recall information from experience or use information from provided sources to answer a question.

With prompting and support, recall information from experience or use information from provided sources to answer a question.

With prompting and support, recall information from experience or use information from provided sources to answer a question.

By the end of each English language proficiency level, an ELSCD is able to conduct research, evaluate, and communicate findings to answer questions or solve problems.

ALT ELP.K.5

With prompting and support, recognize information from experience or from a provided source.

With prompting and support, recall information from experience or from a provided source to answer a question showing developing English language proficiency.

With prompting and support, identify information from experience or from a provided source to answer a question showing increasing English language proficiency.

Kindergarten ELP and ALT ELP Standards Standard 6 By the end of each English language proficiency level, an EL is able to analyze and critique the arguments of others orally and in writing.

ELP.K.6

With prompting and support, identify a reason an author or speaker gives to support a point.

With prompting and support, identify appropriate reasons an author or speaker gives to support main points.

By the end of each English language proficiency level, an ELSCD is able to analyze and critique the arguments of others orally and in writing.

ALT ELP.K.6

Kindergarten ELP and ALT ELP Standards Standard 7 By the end of each English language proficiency level, an EL is able to adapt language choices to purpose, task, and audience when speaking and writing.

ELP.K.7

Show a developing awareness of the difference between appropriate language for the playground and language for the classroom.

Show awareness of differences between informal, ‘playground speech,’ and language appropriate to the classroom; use some words learned through conversations, reading, and being read to.

By the end of each English language proficiency level, an ELSCD is able to adapt language choices to purpose, task and audience when speaking and writing.

ALT ELP.K.7

With prompting and support, indicate the appropriate audience or task from a field of options when presented with familiar phrases and simple sentences.

With prompting and support, show a developing awareness of the difference between appropriate language for the playground and language for the classroom.

Kindergarten ELP and ALT ELP Standards Standard 8 By the end of each English language proficiency level, an EL is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ELP.K.8

With prompting and support (including context and visual aids), recognize the meaning of a few frequently occurring words in simple oral presentations and read-alouds about familiar topics, experiences, or events.

With prompting and support (including context and visual aids), recognize the meaning of some frequently occurring words and phrases in simple oral presentations and read-alouds about familiar topics, experiences, or events.

With prompting and support (including context and visual aids), answer questions to help determine the meaning of some words and phrases in simple oral presentations and read-alouds about familiar topics, experiences, or events With prompting and support (including context and visual aids), answer and sometimes ask questions about the meaning of words and phrases in simple oral presentations and read-alouds about a variety of topics, experiences, or events.

With prompting and support (including context and visual aids), answer and ask questions about the meaning of words and phrases in simple oral presentations and read-alouds about a variety of topics, experiences, or events.

By the end of each English language proficiency level, an ELSCD is able to determine the meaning of words and phrases in oral presentations, literary, and informational text.

ALT ELP.K.8

With prompting and support, recognize the meaning of a few frequently occurring words in simple oral presentations and read-alouds about familiar topics, experiences, or events.

With prompting and support, recognize the meaning of some frequently occurring words in simple oral presentations and read-alouds about familiar topics, experiences, or events.

With prompting and support, answer simple questions to help determine the meaning of some frequently occurring words and phrases in simple oral presentation and read-alouds about familiar topics, experiences, or events.

Kindergarten ELP and ALT ELP Standards Standard 9 By the end of each English language proficiency level, an EL is able to create clear and coherent grade-appropriate speech and text.

ELP.K.9 [Standard introduced at Level 3.] [Standard introduced at Level 3.]

Retell several events from experience or a familiar story, with support (including visual aids, context), with developing control of some frequently occurring linking words (e.g., and, then).

Retell a simple sequence of events from experience or a familiar story, with support (including visual aids, context), with increasingly independent control of frequently occurring linking words.

Retell a short sequence of events from experience or a familiar story, with a beginning, middle, and end, with support (including visual aids), using frequently occurring linking words.

By the end of each English language proficiency level, an ELSCD is able to create clear and coherent grade-appropriate speech and text.

ALT ELP.K.9

With prompting and support, retell a few events from experience or from a familiar story with developing control of some frequently occurring linking words (e.g., and, then).

With prompting and support, retell a simple sequence of events from experience or from a familiar story with increasing control of frequently occurring linking words.

Kindergarten ELP and ALT ELP Standards Standard 10 By the end of each English language proficiency level, an EL is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ELP.K.10

Recognize and use a small number of frequently occurring nouns and verbs, and understand and respond to simple questions, with support (including context and visual aids).

Recognize and use frequently occurring nouns and verbs and short phrases; respond to yes/no and wh- questions; and produce a few simple sentences in shared language activities, with support (including context, visual aids).

Recognize and use frequently occurring regular plural nouns (‑s, ‑es), verbs, and prepositions; use and respond to question words; and produce simple sentences in shared language activities, with support (including context, visual aids).

Recognize and use frequently occurring regular plural nouns, verbs, and prepositions; use and respond to question words; and produce and expand simple sentences in shared language activities, with support (context, visual aids).

Use frequently occurring regular plural nouns, verbs, prepositions, and question words; ask and answer questions using interrogatives; and produce and expand simple sentences, in shared language activities and with increasing independence.

By the end of each English language proficiency level, an ELSCD is able to make accurate use of standard English to communicate in grade-appropriate and writing.

ALT ELP.K.10 recognize and use a small number of frequently occurring nouns and verbs. respond to simple questions (e.g., yes/no) in shared language activities (e.g., conversation, read aloud, interaction). recognize and use a small number of frequently occurring nouns, verbs, and short phrases. repeat simple sentences on familiar topics in shared language activities. recognize and use frequently occurring nouns, verbs, and prepositions. use and respond to question words. produce simple and some compound sentences on familiar topics in shared language activities.

Grade 1 ELP and ALT ELP Standards Standard 1 By the end of each English language proficiency level, an EL is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ELP.1.1

With prompting and support (including context and visual aids), use a very limited set of strategies to identify a few key words in read-alouds, picture books, and oral presentations.

Use an emerging set of strategies to identify key words and phrases in read-alouds, simple written texts, and oral presentations.

Use a developing set of strategies to identify main topics, answer questions about key details from read-aloud texts, simple written texts, and oral presentations, and retell some key details or events from stories.

Use an increasing range of strategies to identify main topics; ask and answer questions about an increasing number of key details in read-alouds, written texts, and oral presentations; and retell familiar stories or episodes of stories.

Use a wide range of strategies to identify main topics; ask and answer questions about key details in read-alouds, written texts, and oral presentations; and retell stories, including key details.

By the end of each English language proficiency level, an ELSCD is able to construct meaning from oral presentations and literary and informational texts through grade-appropriate listening, reading, and viewing.

ALT ELP.1.1

With prompting and support, use a very limited set of strategies to identify a few keywords from read-alouds, oral presentations, and picture books.

Limited set of strategies may include matching identical pictures, making a choice between two pictures, choosing the real item (realia).

With prompting and support, use an emerging set of strategies to identify some key words and main topics from read-alouds, oral presentations and simple written texts.

Emerging set of strategies may include using word phrases, sentence frames, pictorial sentence frames. answer questions about key details. retell basic information from read-alouds, oral presentations, and simple written texts.

Grade 1 ELP and ALT ELP Standards Standard 2 By the end of each English language proficiency level, an EL is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ELP.1.2

Participate by listening to short conversations about familiar topics and respond to simple yes/no and some wh- questions.

Participate in short conversations about familiar topics, take turns, and respond to simple and wh- questions.

Participate in short discussions, conversations, and short written exchanges about familiar topics; follow rules for discussion; and ask and answer simple questions about the topic.

Participate in discussions, conversations, and written exchanges about a variety of topics and texts; follow rules for discussion; respond to the comments of others and make comments of the student’s own; and ask and answer questions.

Participate in extended discussions, conversations, and written exchanges about a variety of topics and texts; follow rules for discussion; build on and contribute to the comments of others; and ask and answer questions.

By the end of each English language proficiency level, an ELSCD is able to participate in grade appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ALT ELP.1.2 listen with limited participation in short conversations. respond to simple yes/no questions about familiar topics. listen with some participation in short conversations. respond to simple yes/no questions and wh- questions. follow simple rules for discussion about familiar topics. respond to simple yes/no questions and wh-questions. follow some rules for discussion about familiar topics.

Grade 1 ELP and ALT ELP Standards Standard 3 By the end of each English language proficiency level, an EL is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ELP.1.3

Communicate simple information or feelings about familiar topics or experiences.

Communicate simple messages about familiar topics, experiences, events, or objects in the environment.

Deliver short simple oral presentations and compose short written texts about familiar topics, stories, experiences, or events.

Deliver short simple oral presentations and compose written texts about a variety of texts, topics, experiences, or events, using simple sentences and drawings or illustrations.

Deliver oral presentations and compose written texts which include a few descriptive details about a variety of texts, topics, experiences, or events.

By the end of each English language proficiency level, an ELSCD is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ALT ELP.1.3

With prompting and support, communicate simple information or feelings about familiar topics or experiences.

With prompting and support, communicate simple messages about familiar topics, experiences, or events.

With prompting and support, tell or dictate simple information about familiar topics, stories, experiences, or events.

Grade 1 ELP and ALT ELP Standards Standard 4 By the end of each English language proficiency level, an EL is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ELP.1.4

Express a preference or opinion about a familiar topic.

Express an opinion about a familiar topic.

Express an opinion about a familiar topic or story and give a reason for the opinion.

Express opinions about a variety of texts and topics and give a reason for the opinion.

Express opinions about a variety of texts and topics, introducing the topic and giving a reason for the opinion, and providing a sense of closure.

By the end of each English language proficiency level, an ELSCD is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ALT ELP.1.4

With prompting and support, indicate a feeling or opinion about familiar topics or experiences.

With prompting and support, indicate a feeling or opinion about familiar topics, experiences, or events.

With prompting and support, express an opinion or preference about familiar topics, stories, experiences, or events.

Grade 1 ELP and ALT ELP Standards Standard 5 By the end of each English language proficiency level, an EL is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ELP.1.5

With prompting and support, participate in shared research projects, gathering information from provided sources and labeling information.

With prompting and support, participate in shared research projects, gathering information from provided sources and summarizing some key information.

With prompting and support, participate in shared research projects, gathering information from provided sources and summarizing information.

With prompting and support, participate in shared research projects, gathering information from provided sources and answering a question or summarizing information.

With prompting and support, participate in shared research projects, gathering information from provided sources and answering a question and/or summarizing information.

By the end of each English language proficiency level, an ELSCD is able to conduct research, evaluate, and communicate findings to answer questions or solve problems.

ALT ELP.1.5 label information from provided sources showing limited control. retell key information from provided sources showing emerging control. answer a question from provided sources showing increasing control.

Grade 1 ELP and ALT ELP Standards Standard 6 By the end of each English language proficiency level, an EL is able to analyze and critique the arguments of others orally and in writing.

ELP.1.6 [Standard introduced at Level 2.]

With prompting and support identify a reason an author or a speaker gives to support a point.

Identify one or two reasons an author or a speaker gives to support the main point.

Identify reasons an author or a speaker gives to support the main point.

Identify appropriate reasons an author or a speaker gives to support the main point.

By the end of each English language proficiency level, an ELSCD is able to analyze and critique the arguments of others orally and in writing.

ALT ELP.1.6

With prompting and support, identify the main idea of a simple presentation of a familiar topic.

With prompting and support, identify a key detail that supports the main idea of a simple presentation of a familiar topic.

With prompting and support, identify key details that support the main idea of a simple presentation of a familiar topic.

Grade 1 ELP and ALT ELP Standards Standard 7 By the end of each English language proficiency level, an EL is able to adapt language choices to purpose, task, and audience when speaking and writing.

ELP.1.7 [Standard introduced at Level 3.] [Standard introduced at Level 3.]

Show a developing awareness of the difference between appropriate language for the playground and language for the classroom.

Show awareness of differences between informal, ‘playground speech’ and language appropriate to the classroom; use some words learned through conversations, reading, and being read to.

Shift appropriately between informal, ‘playground speech’ and language appropriate to the classroom most of the time; use words learned through conversations, reading, and being read to.

By the end of each English language proficiency level, an ELSCD is able to adapt language choices to purpose, task, and audience when speaking and writing.

ALT ELP.1.7 indicate the appropriate audience or task from a field of options when presented with familiar phrases and simple sentences. indicate awareness of the appropriate language for the playground and for the classroom.

With prompting and support, show a developing awareness of the difference between appropriate language for the playground and language for the classroom.

With prompting and support, show awareness of the difference between appropriate language for the playground and language for the classroom.

Grade 1 ELP and ALT ELP Standards Standard 8 By the end of each English language proficiency level, an EL is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ELP.1.8

With prompting and support (including context and visual aids), recognize the meaning of a few frequently occurring words and phrases in simple oral presentations and read-alouds about familiar topics, experiences, or events.

With prompting and support (including context and visual aids), answer and sometimes ask simple questions to help determine the meaning of frequently occurring words and phrases in simple oral presentations and read-alouds about familiar topics, experiences, or events.

Answer and sometimes ask questions to help determine the meaning of some less frequently occurring words and phrases in oral presentations, read-alouds, and simple texts about familiar topics, experiences, or events, using sentence-level context and visual aids.

Answer and ask questions to help determine the meaning of less common words, phrases, and simple idiomatic expressions in oral presentations and written texts about a variety of topics, experiences, or events, using sentence context, visual aids, and some knowledge of frequently occurring root words and their inflectional forms.

Answer and ask questions to help determine or clarify the meaning of words, phrases, and idiomatic expressions in oral presentations and written texts about a variety of topics, experiences, or events, using context, some visual aids, and knowledge of morphology (e.g., simple inflectional endings such as -ed, -ing, and some common prefixes).

By the end of each English language proficiency level, an ELSCD is able to determine the meaning of words and phrases in oral presentations, literary, and informational text.

ALT ELP.1.8

With prompting and support, recognize the meaning of a few frequently occurring words in simple oral presentations and read-alouds about familiar topics, experiences, or events.

With prompting and support, answer simple questions to help determine the meaning of some frequently occurring words and phrases in simple oral presentations, read-alouds, and simple texts about familiar topics, experiences, or events.

With prompting and support, answer and sometimes ask simple questions to help determine the meaning of some less-frequently occurring words and phrases in simple oral presentations, read-alouds, and simple texts about familiar topics, experiences, or events.

Grade 1 ELP and ALT ELP Standards Standard 9 By the end of each English language proficiency level, an EL is able to create clear and coherent grade-appropriate speech and text.

ELP.1.9 [Standard introduced at Level 2.]

With support (including visual aids, modeled sentences), retell an event and present simple information, using, with emerging control, some frequently occurring linking words.

With support (including modeled sentences), retell (in speech or writing) a simple sequence of events in the correct order, and present simple information, using, with developing control, some frequently occurring linking words (e.g., and, so) and temporal words (e.g., first, then).

Recount two or three events in sequence, and present simple information about a topic, using, with increasingly independent control, some temporal words (e.g., next, after) to signal event order and some frequently occurring linking words (and, so) to connect ideas.

Recount a more complex sequence of events in the correct order, using temporal words to signal the event order, and introduce a topic and provide some facts about it, using frequently occurring conjunctions and connecting words.

By the end of each English language proficiency level, an ELSCD is able to create clear and coherent grade-appropriate speech and text.

ALT ELP.1.9 communicate a familiar event or simple information about a familiar topic. with emerging control of some frequently occurring linking words. retell a simple sequence of events. communicate simple information about a familiar topic with developing control of some frequently occurring linking words. retell two or three events in sequence of events. communicate simple information about a familiar topic with increasing control of some temporal words (e.g., next after) and some frequently occurring linking words.

Grade 1 ELP and ALT ELP Standards Standard 10 By the end of each English language proficiency level, an EL is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ELP.1.10

With support (including context and visual aids), understand and use a small number of frequently occurring nouns and verbs, and very simple sentences; and respond to simple questions.

With support (including visual aids and sentences), recognize and use frequently occurring nouns, verbs, prepositions, and conjunctions (e.g., and, but, or), and produce simple sentences.

With support (including modeled sentences), use some singular and plural nouns, verbs in the present and past tenses, frequently occurring prepositions and conjunctions, and produce and expand simple sentences in response to prompts.

Use an increasing number of singular and plural nouns with matching verbs, verb tenses (e.g., present, past), and frequently occurring prepositions and conjunctions, and produce and expand simple and some compound sentences in response to prompts.

Use singular and plural nouns with matching verbs, verb tenses (e.g., present, past, future) and frequently occurring prepositions and conjunctions, and produce and expand simple and compound sentences in response to prompts.

By the end of each English language proficiency level, an ELSCD is able to make accurate use of standard English to communicate in grade-appropriate and writing.

ALT ELP.1.10 recognize and use a small number of frequently occurring nouns and verbs. recognize and use a small number of frequently occurring nouns, verbs, prepositions, and conjunctions. produce simple sentences on a familiar topic. recognize and use an increasing number of nouns, verbs, prepositions, and conjunctions. produce simple and compound sentences on familiar topics.

Grade 2-3 ELP and ALT ELP Standards Standard 1 By the end of each English language proficiency level, an EL is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ELP.2-3.1

Use a very limited set of strategies to identify a few key words and phrases in read-alouds, simple written texts, and oral presentations.

Use an emerging set of strategies to identify the main topic or message/lesson (of a story) and some key words and phrases in read-alouds, simple written texts, and oral presentations.

Use a developing set of strategies to identify the main topic or message, answer questions about and retell some key details in read-alouds, simple written texts, and oral presentations.

Use an increasing range of strategies to determine the main idea or message and identify or answer questions about some key details that support the main idea/message in read-alouds, written texts, and oral presentations; and retell a variety of stories.

Use a wide range of strategies to determine the main idea or message and tell how key details support the main idea in read-alouds, written texts, and oral communications; and retell a variety of stories.

By the end of each English language proficiency level, an ELSCD is able to construct meaning from oral presentations and literary and informational texts through grade-appropriate listening, reading, and viewing.

ALT ELP.2-3.1

With prompting and support, use a very limited set of strategies to, identify a few key words and phrases from read-alouds, simple written texts, and oral presentations.

With prompting and support, use an emerging set of strategies to: identify the main topic or characters. sequence information from read-alouds, simple written texts, and oral presentations. answer questions about key details. retell parts of a story from read-alouds, simple written texts, and oral presentations.

Grade 2-3 ELP and ALT ELP Standards Standard 2 By the end of each English language proficiency level, an EL is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ELP.2-3.2

Listen to and occasionally participate in short conversations about familiar topics and respond to simple yes/no and some wh- questions.

Participate in short conversations, discussions, and written exchanges about familiar topics; take turns; and respond to simple and wh- questions.

Participate in short discussions and written exchanges about familiar topics and texts; follow the rules for discussion; respond and contribute to the comments of others; and ask questions to gain information or clarify understanding.

Participate in discussions, conversations, and written exchanges about a variety of topics and texts; follow the rules for discussion; build on the ideas of others and contribute own ideas; and ask and answer questions about the topic or text.

Participate in extended discussions, conversations, and written exchanges about a variety of texts and topics; follow the rules for discussion; build on the ideas of others, and express personal thoughts; and ask and answer questions about the topic or text.

By the end of each English language proficiency level, an ELSCD is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ALT ELP.2-3.2 listen with occasional participation in short conversations. respond to simple yes/no questions about familiar topics. listen to and participate in short conversations. respond to simple yes/no and wh- questions. follow simple rules for discussion about familiar topics. ask and answer simple questions to exchange ideas or information, or to clarify for understanding. follow some rules for discussion about familiar topics.

Grade 2-3 ELP and ALT ELP Standards Standard 3 By the end of each English language proficiency level, an EL is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ELP.2-3.3

Communicate simple information about familiar texts, topics, experiences, or events.

Deliver simple oral presentations and compose written texts about familiar texts, topics, experiences, or events.

Deliver short oral and compose written narratives or informational texts about familiar texts, topics, experiences, or events.

Deliver short oral and compose written narratives and informational texts about a variety of texts, topics, experiences, or events.

Deliver oral and compose written narratives and informational texts, with some details, about a variety of texts, topics, experiences, or events.

By the end of each English language proficiency level, an ELSCD is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ALT ELP.2-3.3

With prompting and support, communicate simple information about familiar texts, topics, experiences, or events. communicate simple information. compose simple written text about familiar texts, topics, experiences, or events. deliver short presentations or information. compose written text about familiar texts, topics, experiences, or events.

Grade 2-3 ELP and ALT ELP Standards Standard 4 By the end of each English language proficiency level, an EL is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ELP.2-3.4

Express an opinion about a familiar topic.

Express an opinion about a familiar topic or story.

Express an opinion about a familiar topic or story, giving one or more reasons for the opinion.

Express opinions about a variety of topics, introducing the topic and giving several reasons for the opinion.

Express opinions about a variety of topics, introducing the topic, giving several reasons for the opinion, and providing a concluding statement.

By the end of each English language proficiency level, an ELSCD is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ALT ELP.2-3.4

With prompting and support, express a preference about a familiar topic. express a preference. provide one reason for the preference about a familiar topic or story. express a preference. provide more than one reason for the preference about a familiar topic or story.

Grade 2-3 ELP and ALT ELP Standards Standard 5 By the end of each English language proficiency level, an EL is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ELP.2-3.5

With prompting and support at Grade 2 and without prompting and support at Grade 3, carry out short individual or shared research projects, gathering information from provided sources and labeling information.

With prompting and support at Grade 2 and without prompting and support at Grade 3, carry out short individual or shared research projects, recalling information from experience or gathering information from provided sources, and recording some information/observations in simple notes.

With prompting and support at Grade 2 and without prompting and support at Grade 3, carry out short individual or shared research projects, recalling information from experience or gathering information from provided sources, and recording information/observations in orderly notes.

With prompting and support at Grade 2 and without prompting and support at Grade 3, carry out short individual or shared research projects, recalling information from experience or gathering information from multiple sources.

With prompting and support at Grade 2 and without prompting and support at Grade 3, carry out short individual or shared research projects, recalling information from experience and/or gathering information from multiple sources.

By the end of each English language proficiency level, an ELSCD is able to conduct research, evaluate, and communicate findings to answer questions or solve problems.

ALT ELP.2-3.5 label information from provided sources. recall information from experience. record key information from provided sources. recall information from experience. sort information from provided sources into categories.

Grade 2-3 ELP and ALT ELP Standards Standard 6 By the end of each English language proficiency level, an EL is able to analyze and critique the arguments of others orally and in writing.

ELP.2-3.6

With prompting and support (at Grade 2), identify a point an author or a speaker makes, using a few frequently occurring words and phrases.

With prompting and support (at Grade 2), identify a reason an author or a speaker gives to support the main point.

Tell how one or two reasons support the main point an author or a speaker makes.

Tell how one or two reasons support the specific points an author or a speaker makes.

Describe how reasons support the specific points an author or a speaker makes.

By the end of each English language proficiency level, an ELSCD is able to analyze and critique the arguments of others orally and in writing.

ALT ELP.2-3.6

With prompting and support, analyze and critique the arguments of others orally and in writing.

With prompting and support, identify a reason an author or speaker gives to support the main point of a familiar topic.

With prompting and support, tell how one or two reasons support the specific points an author or a speaker makes on a familiar topic.

Grade 2-3 ELP and ALT ELP Standards Standard 7 By the end of each English language proficiency level, an EL is able to adapt language choices to purpose, task, and audience when speaking and writing.

ELP.2-3.7

Recognize the meaning of some words learned through conversations, reading, and being read to.

Show increasing awareness of differences between informal, ‘playground speech’ and language appropriate to the classroom; use some words learned through conversations, reading, and being read to.

Compare examples of the formal and informal use of English, and (at Grade 3) use an increasing number of general academic and content-specific words in conversations and discussions.

Adapt language choices, as appropriate, to formal and informal contexts, and (at Grade 3) use a wider range of general academic and content-specific words in conversations and discussions.

Adapt language choices, as appropriate, to formal and informal contexts, and (at Grade 3), use a wide variety of general and content-specific academic words and phrases in conversations or in short written texts.

By the end of each English language proficiency level, an ELSCD is able to adapt language choices to purpose, task and audience when speaking and writing.

ALT ELP.2-3.7

With prompting and support, recognize the meaning of some words learned through conversations, reading, and being read to.

With prompting and support, use some learned words, sounds, expressions, and gestures, appropriate for social and academic contexts (e.g., playground, classroom) showing developing control.

With prompting and support, use an increasing number of learned words, sounds, expressions and gestures appropriate for social and academic contexts. (e.g., playground, classroom) showing increasing control.

Grade 2-3 ELP and ALT ELP Standards Standard 8 By the end of each English language proficiency level, an EL is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ELP.2-3.8

Recognize the meaning of a few frequently occurring words, simple phrases, and formulaic expressions in simple oral discourse, read-alouds, and written texts about familiar topics, experiences, or events, relying heavily on visual aids, context, and knowledge of morphology in the student’s native language.

Ask and answer questions about the meaning of frequently occurring words, phrases, and expressions in simple oral discourse, read-alouds, and written texts about familiar topics, experiences, or events, using context, visual aids, and knowledge of morphology in the student’s native language.

Determine the meaning of less-frequently occurring words and phrases, content-specific words, and some idiomatic expressions in oral discourse, read-alouds, and written texts about familiar topics, experiences, or events, using context, some visual aids, reference materials, and a developing knowledge of English morphology.

Determine the meaning of less-frequently occurring words and phrases, some idiomatic expressions, and (at Grade 3) some general academic and content-specific vocabulary in oral discourse, read-alouds, and written texts about a variety of topics, experiences, or events, using context, some visual aids, reference materials, and an increasing knowledge of morphology (root words, some prefixes).

Determine the meaning of less-frequently occurring words, phrases, some idiomatic expressions, and (at Grade 3) some general academic and content-specific vocabulary in oral presentations and written texts about a variety of topics, experiences, or events, using context, reference materials, and morphology (e.g., root words, simple inflectional endings such as ‑ed, ‑ing, and some common prefixes).

By the end of each English language proficiency level, an ELSCD is able to determine the meaning of words and phrases in oral presentations, literary, and informational text.

ALT ELP.2-3.8

With prompting and support, recognize the meaning of a few frequently occurring words in simple oral discourse, read-alouds and simple written texts about familiar topics, experiences, or events.

With prompting and support, answer simple questions to help determine the meaning of some frequently occurring words and phrases in simple written texts about familiar topics, experiences, or events.

With prompting and support, determine the meaning of some less-frequently occurring words and phrases, some content-specific words, and some idiomatic expressions in simple oral discourse, read-alouds and simple written texts about familiar topics, experiences, or events.

Grade 2-3 ELP and ALT ELP Standards Standard 9 By the end of each English language proficiency level, an EL is able to create clear and coherent grade-appropriate speech and text.

ELP.2-3.9

Communicate simple information about an event or topic, with support (including context and visual aids), using non-verbal communication and, with limited control, a narrow range of vocabulary and syntactically simple sentences.

Recount two events in sequence, and communicate simple information about a topic, with support (including visual aids and modeled sentences), using, with emerging control, frequently occurring linking words (e.g., and, then).

Recount a short sequence of events, and present a few pieces of information about a topic, with support (including modeled sentences), using, with developing control, common linking words (e.g., and, but, next, after) to connect ideas or events.

Recount a sequence of events, using temporal words (before, after, soon), and introduce an informational topic and present facts about it, using, with increasingly independent control, linking words (e.g., because, and, also) to connect ideas or events.

Recount a coherent sequence of events, using temporal words to signal event order clearly, and introduce an informational topic and present facts about it using linking words (e.g., because, and, also) to connect ideas and provide a concluding statement.

By the end of each English language proficiency level, an ELSCD is able to create clear and coherent grade-appropriate speech and text.

ALT ELP.2-3.9 use a narrow range of frequently occurring vocabulary and simple sentences with limited control. retell two events in sequence. use some frequently occurring linking words with emerging control. communicate a few pieces of information about a familiar topic. retell a short sequence of events. use some temporal words and common linking words with increasing control.

Grade 2-3 ELP and ALT ELP Standards Standard 10 By the end of each English language proficiency level, an EL is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ELP.2-3.1

With support (including context and visual aids), understand and use a small number of frequently occurring nouns and verbs, and respond to simple questions.

With support (including visual aids and modeled sentences), recognize and use some frequently occurring collective nouns (e.g., group), verbs, adjectives, adverbs, and conjunctions, and produce simple sentences in response to prompts.

With support (including modeled sentences), use some collective nouns, frequently occurring adjectives, adverbs, and conjunctions, and the past tense of some frequently occurring irregular verbs, and produce and expand simple and some compound sentences.

Use collective nouns, an increasing number of adjectives, adverbs, and conjunctions, and the past tense of frequently occurring irregular verbs, and produce and expand simple, compound, and (at Grade 3) a few complex sentences.

Use collective and commonly occurring abstract nouns (e.g., childhood), the past tense of frequently occurring irregular verbs, coordinating and commonly used subordinating conjunctions, adjectives, and adverbs, and produce and expand simple, compound, and (at Grade 3) some complex sentences.

By the end of each English language proficiency level, an ELSCD is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ALT ELP.2-3.10 recognize and use a small number of frequently occurring nouns and verbs. recognize and use a small number of frequently occurring nouns, verbs, adjectives, adverbs, and conjunctions. produce simple sentences on a familiar topic. recognize and use an increasing number of nouns, verbs, adjectives, adverbs, and conjunctions. produce simple and compound sentences (and at Grade 3, some complex sentences) on familiar topics.

Grade 4-5 ELP and ALT ELP Standards Standard 1 By the end of each English language proficiency level, an EL is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ELP.4-5.1

Use a very limited set of strategies to identify a few key words and phrases in read-alouds, simple written texts, and oral presentations.

Use an emerging set of strategies to identify the main topic and retell a few key details of read-alouds, simple written texts, and oral presentations.

Use a developing set of strategies to determine the main idea or theme, and retell a few key details of read-alouds, simple written texts, and oral presentations; and retell familiar stories.

Use an increasing range of strategies to determine the main idea or theme and explain how some key details support the main idea or theme in read-alouds, written texts, and oral presentations; and summarize part of a text.

Use a wide range of strategies to determine two or more main ideas or themes and explain how key details support them in read-alouds, written texts, and oral presentations; and summarize a text.

By the end of each English language proficiency level, an ELSCD is able to construct meaning from oral presentations and literary and informational texts through grade-appropriate listening, reading, and viewing.

ALT ELP.4-5.1

From read-alouds, simple written texts, and oral presentations, with prompting and support, use a very limited set of strategies to identify a few keywords and phrases.

From read-alouds, simple written texts, and oral presentations, with prompting and support, use an emerging set of strategies to: identify the main topic or characters. sequence information.

From read-alouds, simple written texts, and oral presentations, with prompting and support, use an increasing range of strategies to: determine the main idea or theme. identify some details that support the main idea or theme. retell parts of the story.

Grade 4-5 ELP and ALT ELP Standards Standard 2 By the end of each English language proficiency level, an EL is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ELP.4-5.2

Participate in short conversational and written exchanges about familiar topics, actively listening to others and respond to simple questions and some wh- questions.

Participate in short conversational and written exchanges about familiar topics, actively listening to others and respond to simple questions and wh- questions.

Participate in short conversations, discussions, and written exchanges about familiar topics and texts, responding to others’ comments and adding some comments of the student’s own, and asking and answering questions about the topic or text.

Participate in conversations, discussions, and written exchanges about a variety of topics and texts, building on the ideas of others and expressing the student’s own, asking and answering relevant questions, and adding relevant information and evidence.

Participate in extended conversations, discussions, and written exchanges about a variety of topics and texts, building on the ideas of others and expressing the student’s own ideas clearly, posing and responding to relevant questions, adding relevant and detailed information, using evidence, and summarizing the key ideas expressed.

By the end of each English language proficiency level, an ELSCD is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ALT ELP.4-5.22 participate in short written exchanges about familiar topics. respond to simple questions about familiar topics and texts. respond to others’ comments or ideas about familiar topics and texts.

Grade 4-5 ELP and ALT ELP Standards Standard 3 By the end of each English language proficiency level, an EL is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ELP.4-5.3

Communicate simple information about familiar texts, topics, events, or objects in the environment.

Deliver short oral and compose written texts about familiar texts, topics, and experiences.

Deliver short oral and compose written narratives or informational texts about familiar texts, topics, and experiences, including a few details.

Deliver short oral and compose written narratives or informational texts about a variety of texts, topics, and experiences, including some details.

Deliver oral and compose written narrative or informational texts about a variety of texts, topics, and experiences, developing the topic with details and examples.

By the end of each English language proficiency level, an ELSCD is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ALT ELP.4-5.3

With prompting and support, communicate simple information about familiar texts, topics, events, or objects in the environment. communicate simple information. compose simple written text about familiar texts, topics and experiences. deliver short presentations or information. compose written text about familiar texts, topics and experiences.

Grade 4-5 ELP and ALT ELP Standards Standard 4 By the end of each English language proficiency level, an EL is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ELP.4-5.4

Express an opinion about a familiar topic.

Construct a simple claim about a familiar topic and give a reason to support the claim.

Construct a claim about familiar topics, introducing the topic and providing a few reasons or facts to support the claim.

Construct a claim about a variety of topics: introduce the topic, provide several reasons or facts to support the claim, and provide a concluding statement.

Construct a claim about a variety of topics: introduce the topic, provide logically ordered reasons or facts to support the claim, and provide a concluding statement.

By the end of each English language proficiency level, an ELSCD is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ALT ELP.4-5.4

With prompting and support, express an opinion about a familiar topic. express an opinion. provide one or two reasons or facts to support the opinion about a familiar topic. express an opinion. provide a few reasons or facts to support the opinion about a familiar topic.

Grade 4-5 ELP and ALT ELP Standards Standard 5 By the end of each English language proficiency level, an EL is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ELP.4-5.5

Recall information from experience and/or gather information from a few provided sources and label some key information.

Recall information from experience and/or gather information from provided sources and record some information.

Recall information from experience and/or gather information from print and digital sources to answer a question; and identify key information in orderly notes.

Recall information from experience and/or gather information from print and digital sources to answer a question; record information in organized notes, with charts, tables, or other graphics, as appropriate; and provide a list of sources.

Recall information from experience and/or gather information from print and digital sources; summarize key ideas and information in detailed and orderly notes, with graphics as appropriate; and provide a list of sources.

By the end of each English language proficiency level, an ELSCD is able to conduct research, evaluate, and communicate findings to answer questions or solve problems.

ALT ELP.4-5.5 label information from provided sources. recall information from experience. record some information from provided sources. recall information from experience. retell key ideas and information from provided sources.

Grade 4-5 ELP and ALT ELP Standards Standard 6 By the end of each English language proficiency level, an EL is able to analyze and critique the arguments of others orally and in writing.

ELP.4-5.6

Identify a point an author or speaker makes.

Identify a reason an author or speaker gives to support a main point and agree or disagree.

Tell how one or two reasons support the specific points an author or speaker makes or fails to make.

Describe how reasons support the specific points an author or speaker makes or fails to make.

Explain how an author or speaker uses reasons and evidence to support or fail to support particular points, (and at grade 5) identify which reasons and evidence support which points.

By the end of each English language proficiency level, an ELSCD is able to analyze and critique the arguments of others orally and in writing.

ALT ELP.4-5.6

With prompting and support, identify a point an author or speaker makes. identify a reason an author or speaker gives to support a main idea. agree or disagree with the author or speaker.

With prompting and support, tell how one or two reasons support the specific points an author or a speaker makes on a familiar topic.

Grade 4-5 ELP and ALT ELP Standards Standard 7 By the end of each English language proficiency level, an EL is able to adapt language choices to purpose, task, and audience when speaking and writing.

ELP.4-5.7

Recognize the meaning of some words learned through conversations, reading, and being read to.

With emerging control, adapt language choices to different social and academic contents and use some words learned through conversations, reading, and being read to.

With developing control, adapt language choices according to purpose, task, and audience and use an increasing number of general academic and content-specific words, phrases, and expressions in conversation, discussions, and short written text.

With increasing ease, adapt language choices and style (includes register) according to purpose, task, and audience and use a wider range of general academic and content-specific words and phrases in speech and writing.

Adapt language choices and style according to purpose, task, and audience, and use a wide variety of general academic and content-specific words and phrases in speech and writing.

By the end of each English language proficiency level, an ELSCD is able to adapt language choices to purpose, task and audience when speaking and writing.

ALT ELP.4-5.7

With prompting and support, recognize the meaning of some words learned through conversations, reading, and being read to.

With prompting and support, use some learned words, sounds, expressions, and gestures, appropriate for social and academic contexts (e.g., playground, classroom) showing developing control.

With prompting and support, use an increasing number of learned words, sounds, expressions, and gestures appropriate for social and academic contexts (e.g., playground, classroom) showing increasing control in speech and writing.

Grade 4-5 ELP and ALT ELP Standards Standard 8 By the end of each English language proficiency level, an EL is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ELP.4-5.8

Recognize the meaning of a few frequently occurring words, phrases, and formulaic expressions in simple oral discourse, read-alouds, and written texts about familiar topics, experiences, or events, relying heavily on context, visual aids, and knowledge of morphology in the student’s native language.

Determine the meaning of some frequently occurring words, phrases, and expressions in simple oral discourse, read-alouds, and written texts about familiar topics, experiences, or events, using context, some visual aids, reference materials, and knowledge of morphology in the student’s native language.

Determine the meaning of frequently occurring words and phrases and some idiomatic expressions in texts about familiar topics, experiences, or events, using context, visual aids, reference materials, and a developing knowledge of English morphology (e.g., affixes, roots, and base words).

Determine the meaning of general academic and content-specific words, phrases, and a growing number of idiomatic expressions in texts about a variety of topics, experiences, or events, using context, reference materials, and an increasing knowledge of morphology.

Determine the meaning of general academic and content-specific words and phrases and figurative language (e.g., metaphors, similes, adages, and proverbs) in texts about a variety of topics, experiences, or events, using context, reference materials, and knowledge of morphology.

By the end of each English language proficiency level, an ELSCD is able to determine the meaning of words and phrases in oral presentations, literary, and informational text.

ALT ELP.4-5.8

With prompting and support relying heavily on context, visual aids, and communicative experience, recognize the meaning of a few frequently occurring words, phrases, and expressions in simple oral discourse, read-alouds and simple written texts about familiar topics, experiences, or events.

With prompting and support relying heavily on context, visual aids, and communicative experience, determine the meaning of some frequently occurring words, phrases, and expressions in simple oral discourse, read-alouds and simple written texts about familiar topics, experiences, or events.

With prompting and support and using context, visual aids, reference materials, and knowledge of English, determine the meaning of frequently occurring words and phrases, general academic and content-specific words, and an increasing number of expressions in texts about familiar topics, experiences, or events.

Grade 4-5 ELP and ALT ELP Standards Standard 9 By the end of each English language proficiency level, an EL is able to create clear and coherent grade-appropriate speech and text.

ELP.4-5.9

Communicate simple information about an event or topic, with support (including context and visual aids), using non-verbal communication and, with limited control, a narrow range of vocabulary and syntactically simple sentences.

Recount a simple sequence of events in order, and communicate simple information about a topic, with support (including visual aids and modeled sentences), using, with emerging control, frequently occurring linking words (e.g., and, then).

Recount a short sequence of events in order, and introduce an informational topic, present one or two facts about it, and provide a concluding statement, with support (including modeled sentences), using, with developing control, an increasing range of temporal and other linking words (e.g., next, because, and, also).

Recount a more detailed sequence of events, with a beginning, middle, and an end, and introduce and develop an informational topic with facts and details, and provide a conclusion, using, with increasingly independent control, transitional words and phrases to connect events, ideas and opinions (e.g., after a while, for example, in order to, as a result).

Recount a more detailed sequence of events, with a beginning, middle, and an end, and introduce an informational topic, develop it with facts and details, and provide a concluding statement or section, using a variety of linking words and phrases to connect ideas, information, or events.

By the end of each English language proficiency level, an ELSCD is able to create clear and coherent grade-appropriate speech and text.

ALT ELP.4-5.9 use a narrow range of frequently occurring vocabulary and simple sentences with limited control. retell two events in sequence. use some frequently occurring linking words with emerging control. communicate a few pieces of information about a familiar topic. retell a short sequence of events. use an increasing range of temporal words, linking words, and some transitional words and phrases with increasing control.

Grade 4-5 ELP and ALT ELP Standards Standard 10 By the end of each English language proficiency level, an EL is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ELP.4-5.10

With support (including context and visual aids), recognize and use a small number of frequently occurring nouns, noun phrases, and verbs; and understand and respond to simple questions.

With support (including visual aids and modeled sentences), recognize and use some frequently occurring nouns, pronouns, verbs, prepositions, adjectives, adverbs, and conjunction; and produce simple sentences in response to prompts.

With support (including modeled sentences), use some relative pronouns (e.g., who, whom, which, that), relative adverbs (e.g., where, when, why), and prepositional phrases; produce and expand simple and compound sentences, Use relative pronouns (e.g., who, whom, which, that), relative adverbs (e.g., where, when, why), subordinating conjunctions, and prepositional phrases; and produce and expand simple, compound, and a few complex sentences.

Use relative pronouns (e.g., who, whom, which, that), relative adverbs (e.g., where, when, why), prepositional phrases, subordinating conjunctions, and the progressive and perfect verb tenses; and produce and expand simple, compound, and complex sentences.

By the end of each English language proficiency level, an ELSCD is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ALT ELP.4-5.10 recognize and use a small number of frequently occurring nouns and verbs. respond to simple questions (e.g., yes/no) in shared language activities. recognize and use a small number of frequently occurring nouns, pronouns, verbs, prepositions, adjectives, adverbs, and conjunctions. produce simple sentences on a familiar topic. recognize and use an increasing number of frequently occurring nouns, pronouns, verbs, preposition, adjectives, adverbs, and conjunctions. produce simple and compound sentences and a few complex sentences on familiar topics.

Grades 6-8 ELP and ALT ELP Standards Standard 1 By the end of each English language proficiency level, an EL is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ELP.6-8.1

Use a very limited set of strategies to identify a few key words and phrases in oral communications and simple written texts.

Use an emerging set of strategies to identify the main topic and retell a few key details in oral communications and simple written texts.

Use a developing set of strategies to determine the central idea or theme in simple oral presentations or written text, and explain how it is supported by specific details, and summarize part of the text.

Use an increasing range of strategies to determine two or more central ideas or themes in oral presentations or written text and explain how they are supported by specific textual details and summarize a simple text.

Use a wide range of strategies to determine central ideas or themes in oral presentations or written text and explain how they are developed by supporting ideas or evidence and summarize a text.

By the end of each English language proficiency level, an ELSCD is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ALT ELP.6-8.1

With prompting and support, use a limited set of strategies to identify a few key words and phrases in oral communications and simple written texts.

With prompting and support, use an emerging set of strategies to identify the main topic in and retell a few key details from oral communications and simple written texts. summarize information from oral communications or simple written texts. identify two or more central ideas or themes in oral presentations or simple written texts. identify supporting details and how they support central ideas or themes in oral presentations or simple written texts.

Grades 6-8 ELP and ALT ELP Standards Standard 2 By the end of each English language proficiency level, an EL is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ELP.6-8.1

Participate in short conversational and written exchanges on familiar topics, presenting simple information and responding to simple questions and some wh- questions.

Participate in short conversational and written exchanges on familiar topics and texts, presenting information and ideas and responding to simple questions and wh- questions.

Participate in conversations, discussions, and written exchanges on familiar topics and texts; building on the ideas of others and express the student’s own; asking and answering relevant questions; and adding relevant information.

Participate in conversations, discussions, and written exchanges about a variety of topics, texts, and issues; building on the ideas of others and expressing the student’s own; asking and answering relevant questions; adding relevant information and evidence; and paraphrasing the key ideas expressed.

Participate in extended conversations, discussions, and written exchanges about a variety of topics, texts, and issues; building on the ideas of others and expressing the student’s own clearly; posing and responding to relevant questions; adding relevant and specific evidence; and summarizing and reflecting on the key ideas expressed.

By the end of each English language proficiency level, an ELSCD is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ALT ELP.6-8.2 respond to simple questions about familiar topics and texts. respond to simple questions and some wh- questions about familiar topics and texts. respond to the ideas of others or express one’s own ideas about familiar topics and texts.

Grades 6-8 ELP and ALT ELP Standards Standard 3 By the end of each English language proficiency level, an EL is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ELP.6-8.3

Communicate simple information about familiar texts, topics, and experiences.

Deliver short oral and compose written narratives or informational texts about familiar texts, topics, experiences, or events.

Deliver short oral and compose written narratives or informational texts about familiar texts, topics, and experiences, developed with some details.

Deliver oral and compose written narratives or informational texts about a variety of texts, topics, and experiences, developed with some specific details.

Deliver oral and compose written narratives or informational texts about a variety of texts, topics, and experiences, developed with relevant details, ideas, or information.

By the end of each English language proficiency level, an ELSCD is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ALT ELP.6-8.3

With prompting and support, communicate simple information about familiar texts, topics, and experiences. communicate simple information. compose simple written text about familiar texts, topics, and experiences. deliver short presentations or information. compose written text about familiar texts, topics, and experiences.

Grades 6-8 ELP and ALT ELP Standards Standard 4 By the end of each English language proficiency level, an EL is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ELP.6-8.4

Express an opinion about familiar topics.

Construct a claim about familiar topics and give a reason to support the claim.

Construct a claim about a familiar topic: introduce the topic and provide several supporting reasons or facts in a logical order and provide a concluding statement.

Construct a claim about a familiar topic: introduce the topic and provide several supporting reasons or facts in a logical order and provide a concluding statement.

Construct a claim about a familiar topic: introduce the topic and provide several supporting reasons or facts in a logical order and provide a concluding statement.

By the end of each English language proficiency level, an ELSCD is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ALT ELP.6-8.4

With prompting and support, express an opinion about a familiar topic. provide information about a familiar topic. provide one or two reasons or facts to support the information about a familiar topic. provide information about a familiar topic. provide a few reasons or facts to support the information about a familiar topic.

Grades 6-8 ELP and ALT ELP Standards Standard 5 By the end of each English language proficiency level, an EL is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ELP.6-8.5

Gather information from a few provided sources and label collected information.

Gather information from provided sources and record some data and information.

Gather information from multiple provided print and digital sources and summarize or paraphrase observations, ideas, and information, with labeled illustrations, diagrams, or other graphics, as appropriate, and cite sources.

Gather information from multiple print and digital sources, using search terms effectively; quote or paraphrase the data and conclusions of others, using charts, diagrams, or other graphics, as appropriate; and cite sources, using a standard format for citation.

Gather information from multiple print and digital sources, using search terms effectively; and (at Grade 8) evaluate the credibility of each source; quote or paraphrase the data and conclusions of others, using charts, diagrams, or other graphics, as appropriate; and cite sources, using a standard format for citation.

By the end of each English language proficiency level, an ELSCD is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ALT ELP.6-8.5 gather information from a few provided sources. label information from provided source. gather information from some provided sources. record some information from provided sources. retell information, using labeled illustrations, diagrams, or other graphics, as appropriate. gather information from several provided sources. retell information from provided sources.

Grades 6-8 ELP and ALT ELP Standards Standard 6 By the end of each English language proficiency level, an EL is able to analyze and critique the arguments of others orally and in writing.

ELP.6-8.6

Identify a point an author or a speaker makes.

Identify the main argument and one reason an author or a speaker gives to support the argument.

Explain the argument an author or a speaker makes and distinguish between claims that are supported by reasons and evidence from those that are not.

Analyze the argument and specific claims in texts or speech, determining whether the evidence is sufficient to support the claims, and cite textual evidence to support the analysis.

Analyze and evaluate the argument and specific claims in texts or speech/presentations, determining whether the reasoning is sound and the evidence is relevant and sufficient to support the claims; and cite textual evidence to support the analysis.

By the end of each English language proficiency level, an ELSCD is able to analyze and critique the arguments of others orally and in writing.

ALT ELP.6-8.6

With prompting and support, identify a point an author or speaker makes. identify a main point an author or speaker makes. identify a reason an author or speaker gives to support a main idea. retell the main point an author or speaker makes. indicate whether author or speaker’s main point is supported or not.

Grades 6-8 ELP and ALT ELP Standards Standard 7 By the end of each English language proficiency level, an EL is able to adapt language choices to purpose, task, and audience when speaking and writing.

ELP.6-8.7

Recognize the meaning of some words learned through conversations, reading, and being read to.

Adapt language choices according to task and audience with emerging control and begin to use frequently occurring general academic and content-specific words and phrases in conversations and discussions.

Adapt language choices and style according to purpose, task, and audience, with developing ease; use an increasing number of general academic and content-specific words and phrases in speech and short written texts and show developing control of style and tone in oral or written text.

Adapt language choices and style according to purpose, task, and audience, with increasing ease; use a wider range of general academic and content-specific academic words and phrases and maintain consistency in style and tone throughout most of oral or written text.

Adapt language choices and style according to purpose, task, and audience, with ease; use a wide variety of complex general academic and content-specific academic words to express ideas precisely and maintain an appropriate and consistent style and tone throughout an oral or written text.

By the end of each English language proficiency level, an ELSCD is able to adapt language choices to purpose, task, and audience when speaking and writing.

ALT ELP.6-8.7

With prompting and support, recognize the meaning of some words learned through conversations, reading, and being read to. use language appropriate for a task and audience. use some frequently occurring general academic and content-specific words and phrases showing developing control in speech and writing. use language appropriate for a purpose, task, and audience. use an increasing number of general academic and content-specific words and phrases showing increasing control in speech and writing.

Grades 6-8 ELP and ALT ELP Standards Standard 8 By the end of each English language proficiency level, an EL is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ELP.6-8.8

Recognize the meaning of a few frequently occurring words and simple phrases in texts about familiar topics, experiences, or events, relying heavily on context, visual aids, and knowledge of morphology in their native language.

Determine the meaning of frequently occurring words, phrases, and expressions in texts about familiar topics, experiences, or events, using context, visual aids, reference materials, and knowledge of morphology in their native language.

Determine the meaning of general academic and content-specific words and phrases and frequently occurring expressions in texts about familiar topics, experiences, or events, using context, visual aids, reference materials, and a developing knowledge of English morphology (e.g., affixes, roots, base words).

Determine the meaning of general academic and content-specific words and phrases, and a growing number of idiomatic expressions in texts about a variety of topics, experiences, or events, using context, reference materials, and an increasing knowledge of morphology.

Determine the meaning (including the figurative and connotative meanings) of general academic and content-specific words and phrases, idiomatic expressions, and figurative language (e.g., metaphor, personification) in texts about a variety of topics, experiences, or events, using context, reference materials, and knowledge of morphology.

By the end of each English language proficiency level, an ELSCD is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ALT ELP.6-8.8

With prompting and support and relying heavily on context, visual aids, and communicative experience, recognize the meaning of a few frequently occurring words, phrases, and expressions in texts about familiar topics, experiences, or events.

With prompting and support and relying some on context, visual aids, reference materials, and communicative experience, determine the meaning of general academic and content-specific words and frequently occurring expressions in texts about familiar topics, experiences, or events.

With prompting and support and using context, visual aids, reference materials, and knowledge of English, determine the meaning of general academic and content-specific words and a growing number of expressions in texts about a variety of topics, experiences, or events.

Grades 6-8 ELP and ALT ELP Standards Standard 9 By the end of each English language proficiency level, an EL is able to create clear and coherent grade-appropriate speech and text.

ELP.6-8.9

Communicate simple information about an event or topic, with support (including context and visual aids) using non-verbal communication and, with limited control, a narrow range of vocabulary and syntactically simple sentences.

Recount a brief sequence of events in order, and introduce an informational topic, present one or two facts about it, and provide a concluding statement, with support (including sentences), using, with emerging control, some commonly occurring linking words (e.g., next, because, and, also).

Recount a short sequence of events, with a beginning, middle, and an end, and introduce and develop an informational topic with a few facts and details, and provide a conclusion, using, with developing control, common transitional words and phrases to connect events, ideas, and opinions (e.g., after a while, for example, in order to, as a result).

Recount a more detailed sequence of events or steps in a process, with a beginning, middle, and an end, and introduce and develop an informational topic with facts and details, and provide a concluding section or statement, using, with increasingly independent control, a variety of transitional words and phrases to connect events, ideas, and opinions (e.g., however, on the other hand, from that moment on).

Recount a complex sequence of events or steps in a process, with a beginning, middle, and an end, and introduce and effectively develop an informational topic with facts and details, and provide a concluding section or statement, using a wide variety of transitional words and phrases to show logical relationships between events and ideas.

By the end of each English language proficiency level, an ELSCD is able to create clear and coherent grade-appropriate speech and text.

ALT ELP.6-8.9 use a narrow range of frequently occurring vocabulary and simple sentences with limited control. retell a short sequence of events. connect phrases or simple statements using some frequently occurring linking and temporal words and some common transitional words with emerging control. communicate a few pieces of information about a familiar topic. retell a sequence of events or steps in a process. use an increasing range of linking and temporal words and common transitional words and phrases with increasing control.

Grades 6-8 ELP and ALT ELP Standards Standard 10 By the end of each English language proficiency level, an EL is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ELP.6-8.10

Recognize and use a small number of frequently occurring nouns, noun phrases, and verbs, and understand and respond to simple questions.

Use nouns, pronouns, verbs, prepositions, adjectives, adverbs, conjunctions, and prepositional phrases, and produce simple and compound sentences, with support (including visual aids and sentences).

Use relative pronouns (e.g., who, whom, which, that), relative adverbs (e.g., where, when, why), subordinating conjunctions, and prepositional phrases, and produce and expand simple, compound, and a few complex sentences, with support (including modeled sentences).

Use an increasing number of intensive pronouns (e.g., myself, ourselves) and verbs in the active and passive voices; place phrases and clauses within a sentence, recognizing and correcting most misplaced and dangling modifiers; and produce and expand simple, compound, and complex sentences.

Use intensive pronouns and verbs in the active and passive voices; place phrases and clauses within a sentence, recognizing and correcting misplaced and dangling modifiers; and produce and expand simple, compound, and complex sentences.

By the end of each English language proficiency level, an ELSCD is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ALT ELP.6-8.10 recognize and use a small number of frequently occurring nouns, noun phrases, and verbs. recognize and use a small number of nouns, pronouns, verbs, prepositions, adjectives, adverbs, conjunctions, and prepositional phrases. produce simple and compound sentences on familiar topics. recognize and use an increasing number of nouns, pronouns, verbs, prepositions, adjectives, adverbs, conjunctions, and prepositional phrases. produce simple, compound, and complex sentences on familiar topics.

Grades 9-12 ELP and ALT ELP Standards Standard 1 By the end of each English language proficiency level, an EL is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ELP.9-12.1

Use a very limited set of strategies to identify a few key words and phrases in oral communications and simple oral and written texts.

Use an emerging set of strategies to identify the main topic and retell a few key details in oral presentations and simple oral and written texts.

Use a developing set of strategies to determine the central idea or theme in oral presentations and written texts and explain how it is developed by specific details in the texts; and summarize part of the text.

Use an increasing range of strategies to determine two central ideas or themes and analyze their development in oral presentations and written texts, citing specific details and evidence from the texts to support the analysis; and summarize a simple text.

Use a wide range of strategies to determine central ideas or themes in presentations and written texts, and analyze their development, citing specific details and evidence from the texts to support the analysis; and summarize a text.

By the end of each English language proficiency level, an ELSCD is able to construct meaning from oral presentations and literary and informational text through grade-appropriate listening, reading, and viewing.

ALT ELP.9-12.1

With prompting and support, use a very limited set of strategies to identify a few key words and phrases in oral communications and simple written texts.

With prompting and support, use an emerging set of strategies to: identify the main topic in oral presentations and simple written texts. retell a few key details from oral presentations and simple written texts. summarize information from oral presentations or simple written texts. identify two or more central ideas or themes in oral presentations or simple written texts. identify supporting details and how they support central ideas or themes in oral presentations or simple written texts.

Grades 9-12 ELP and ALT ELP Standards Standard 2 By the end of each English language proficiency level, an EL is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ELP.9-12.1

Participate in short conversational and written exchanges on familiar topics, presenting information and responding to simple yes/no questions and some wh- questions.

Participate in short conversational and written exchanges on familiar topics and texts, presenting information and ideas, and responding to simple questions and wh- questions.

Participate in conversations, discussions, and written exchanges on familiar topics, texts, and issues: building on the ideas of others and expressing the student’s own; asking and answering relevant questions; adding relevant information and evidence; and restate some of the key ideas expressed.

Participate in conversations, discussions, and written exchanges on a range of topics, texts, and issues: build on the ideas of others and express the student’s own clearly, supporting points with specific and relevant evidence; ask and answer questions to clarify ideas and conclusions; and summarize the key points expressed.

Participate in extended conversations, discussions, and written exchanges on a range of substantive topics, texts, and issues: build on the ideas of others and express the student’s own clearly and persuasively, referring to specific and relevant evidence from texts or research to support the student’s ideas; ask and answer questions that probe reasoning and claims; and summarize the key points and evidence discussed.

By the end of each English language proficiency level, an ELSCD is able to participate in grade-appropriate oral and written exchanges of information, ideas, and analyses, with response to peers or reader comments and questions.

ALT ELP.9-12.1 respond to simple questions and some wh- questions about familiar topics and texts. respond to questions and wh- questions about familiar topics and texts. participate in short conversations, written exchanges, and answer simple questions. respond to the ideas of others or express one’s own ideas about familiar topics and texts.

Grades 9-12 ELP and ALT ELP Standards Standard 3 By the end of each English language proficiency level, an EL is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ELP.9-12.3

Communicate information about familiar texts, topics, and experiences.

Deliver short oral and compose written narratives or informational texts about familiar texts, topics, experiences, or events.

With support (including modeled sentences), deliver short oral and compose written informational texts about familiar texts, topics, or events, developing the topic with a few details Deliver oral and compose written informational texts about a variety of texts, topics, or events; developing the topic with some relevant details, concepts, examples, and information, integrating graphics or multimedia when useful.

Deliver oral and compose written informational texts about a variety of texts, topics, or events; fully developing the topic with relevant details, concepts, examples, and information, integrating graphics or multimedia when useful.

By the end of each English language proficiency level, an ELSCD is able to speak and write about grade-appropriate complex literary and informational texts and topics.

ALT ELP.9-12.3

With prompting and support, communicate information about familiar texts, topics, and experiences. communicate information. compose written text about familiar texts, topics, experiences, or events. with prompting and support: deliver presentations or information. compose written text about familiar texts, topics, experiences, or events.

Grades 9-12 ELP and ALT ELP Standards Standard 4 By the end of each English language proficiency level, an EL is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ELP.9-12.4

Express an opinion about a familiar topic.

Construct a claim about familiar topics: introduce the topic and give a reason to support the claim and provide a concluding statement.

Construct a claim about familiar topics: introduce the topic, provide sufficient reasons or facts to support the claim, and provide a concluding statement.

Construct a claim about a variety of topics: introduce the topic, provide logically ordered reasons or facts that effectively support the claim, and provide a concluding statement Construct a substantive claim about a variety of topics: introduce the claim and distinguish it from a counter-claim, provide logically ordered and relevant reasons and evidence to support the claim and to refute the counter-claim, and provide a conclusion that summarizes the argument presented.

By the end of each English language proficiency level, an ELSCD is able to construct grade-appropriate oral and written claims and support them with reasoning and evidence.

ALT ELP.9-12.4

With prompting and support, express an opinion about a familiar topic. provide information. provide one or two reasons or facts to support the information about a familiar topic. provide information. provide a few reasons or facts to support the information about a familiar topic.

Grades 9-12 ELP and ALT ELP Standards Standard 5 By the end of each English language proficiency level, an EL is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ELP.9-12.5

Gather information from a few provided print and digital sources, and label collected information, experiences, or events.

Gather information from provided print and digital sources and summarize data and information.

Carry out short research projects to answer a question; gather information from multiple provided print and digital sources and evaluate the reliability of each source; paraphrase key information in a short written or oral report, using illustrations, diagrams, or other graphics; and provide a list of sources.

Carry out both short and more sustained research projects to answer a question; gather and synthesize information from multiple print and digital sources, using search terms effectively; evaluate the reliability of each source and integrate information into an organized oral or written report, citing sources appropriately.

Carry out both short and more sustained research projects to answer a question or solve a problem; gather and synthesize information from multiple print and digital sources, using advanced search terms effectively; evaluate the reliability of each source, and analyze and integrate information into a clearly organized oral or written text, citing sources appropriately.

By the end of each English language proficiency level, an ELSCD is able to conduct research and evaluate and communicate findings to answer questions or solve problems.

ALT ELP.9-12.5 gather information from a few provided sources. label information from provided sources. gather information from some provided sources. retell information, using illustrations, diagrams, or other graphics. gather information from several provided sources paraphrase information in a short written or oral report.

Grades 9-12 ELP and ALT ELP Standards Standard 6 By the end of each English language proficiency level, an EL is able to analyze and critique the arguments of others orally and in writing.

ELP.9-12.6

Identify a point an author or a speaker makes.

Identify the main argument and one reason an author or a speaker gives to support the argument.

Explain the reasons an author or a speaker gives to support a claim and cite textual evidence to support the analysis.

Analyze the reasoning and use of rhetoric in persuasive texts or speeches, including documents of historical and literary significance, determining whether the evidence is sufficient to support the claim, and cite textual evidence to support the analysis.

Analyze and evaluate the reasoning and use of rhetoric in persuasive texts, including documents of historical and literary significance, and cite specific textual evidence to thoroughly support the analysis.

By the end of each English language proficiency level, an ELSCD is able to analyze and critique the arguments of others orally and in writing.

ALT ELP.9-12.6

With prompting and support, identify a point an author or speaker makes. identify a main point an author or speaker makes. identify a reason an author or speaker gives to support a main idea. retell the main point an author or speaker makes. indicate whether author or speaker’s main point is supported or not.

Grades 9-12 ELP and ALT ELP Standards Standard 7 By the end of each English language proficiency level, an EL is able to adapt language choices to purpose, task, and audience when speaking and writing.

ELP.9-12.7

Recognize the meaning of some words learned through conversations, reading, and being read to.

Adapt language choices to task and audience with emerging control and use some frequently occurring general academic and content-specific words in conversation and discussion.

Adapt language choices and style according to purpose, task, and audience, with developing ease, use an increasing number of general academic and content-specific words and expressions in speech and written text, and show developing control of style and tone in oral or written text.

Adapt language choices and style according to purpose, task, and audience, use a wider range of complex general academic and content-specific words and phrases, and adopt and maintain a formal style in speech and writing, as appropriate.

Adapt language choices and style according to purpose, task, and audience with ease, use a wide variety of complex general academic and content-specific words and phrases, and employ both formal and more informal styles effectively, as appropriate.

By the end of each English language proficiency level, an ELSCD is able to adapt language choices to purpose, task, and audience when speaking and writing.

ALT ELP.9-12.7

With prompting and support, recognize the meaning of some words learned through conversations, reading, and being read to. use language appropriate for a task and audience. use some frequently occurring general academic and content-specific words and phrases showing developing control in speech and writing. use language appropriate for a purpose, task, and audience. use an increasing number of general academic and content-specific words and phrases showing increasing control in speech and writing.

Grades 9-12 ELP and ALT ELP Standards Standard 8 By the end of each English language proficiency level, an EL is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ELP.9-12.8

Recognize the meaning of a few frequently occurring words, simple phrases, and formulaic expressions in texts about familiar topics, experiences, or events, relying heavily on context, visual aids, and knowledge of morphology in the student’s native language.

Determine the meaning of frequently occurring words, phrases, and expressions in texts about familiar topics, experiences, or events, using context, visual aids, reference materials, and knowledge of morphology in the student’s native language.

Determine the meaning of general academic and content-specific words and phrases and frequently occurring expressions in texts about familiar topics, experiences, or events, using context, some visual aids, reference materials, and a developing knowledge of English morphology (e.g., affixes, roots, and base words).

Determine the meaning of general academic and content-specific words and phrases, figurative language, and a growing number of idiomatic expressions in texts about a variety of topics, experiences, or events, using context, increasingly complex visual aids, reference materials, and an increasing knowledge of morphology.

Determine the meaning (including the figurative and connotative meanings) of general academic and content-specific words and phrases, figurative language (e.g., irony, hyperbole), and idiomatic expressions in texts about a variety of topics, experiences, or events, using context, complex visual aids, reference materials, and consistent knowledge of morphology.

By the end of each English language proficiency level, an ELSCD is able to determine the meaning of words and phrases in oral presentations and literary and informational text.

ALT ELP.9-12.8

With prompting and support and relying heavily on context, visual aids, and communicative experience, recognize the meaning of a few frequently occurring words, phrases, and expressions in texts about familiar topics, experiences, or events.

With prompting and support and using context, visual aids, reference materials, and knowledge of English, determine the meaning of general academic and content-specific words and frequently occurring expressions in texts about familiar topics, experiences, or events.

With prompting and support and using context, increasingly complex visual aids, reference materials, and knowledge of English, determine the meaning of general academic and content-specific words and a growing number of expressions in texts about a variety of topics, experiences, or events.

Grades 9-12 ELP and ALT ELP Standards Standard 9 By the end of each English language proficiency level, an EL is able to create clear and coherent grade-appropriate speech and text.

ELP.9-12.9

Communicate basic information about an event or topic, with support (including context and visual aids) using non-verbal communication and, with limited control, a narrow range of vocabulary and syntactically simple sentences.

Recount a short sequence of events in order and introduce an informational topic and provide one or two facts about it, with support (including modeled sentences), using, with emerging control, common linking words to connect events and ideas (e.g., first, next, because).

Recount a sequence of events, with a beginning, middle, and an end, and introduce and develop an informational topic with facts and details, and provide a conclusion, using, with developing control, common transitional words and phrases to connect events, ideas, and opinions (e.g., after a while, for example, as a result).

Recount a longer, more detailed sequence of events or steps in a process, with a clear sequential or chronological structure, and introduce and develop an informational topic with facts, details, and evidence, and provide a concluding section or statement, using, with increasingly independent control, a variety of more complex transitions to link the major sections of text and speech and to clarify relationships among events and ideas.

Recount a complex and detailed sequence of events or steps in a process, with an effective sequential or chronological order, and introduce and effectively develop an informational topic with facts, details, and evidence, and provide a concluding section or statement, using complex and varied transitions to link the major sections of text and speech and to clarify relationships among events and ideas.

By the end of each English language proficiency level, an ELSCD is able to create clear and coherent grade-appropriate speech and text.

ALT ELP.9-12.9 use a narrow range of frequently occurring vocabulary and simple sentences with limited control. retell a short sequence of events. use some frequently occurring linking and temporal words and some common transitional words with emerging control. communicate a few pieces of information about a familiar topic. retell a sequence of events or steps in a process. use an increasing range of linking and temporal words and common transitional words and phrases with increasing control.

Grades 9-12 ELP and ALT ELP Standards Standard 10 By the end of each English language proficiency level, an EL is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ELP.9-12.10

Recognize and use a small number of frequently occurring nouns, noun phrases, verbs, conjunctions (but, or, and), and prepositions, and understand and respond to simple questions.

With support (including modeled sentences), use frequently occurring verbs, nouns, adjectives, adverbs, prepositions, and conjunctions, and produce simple and compound sentences.

With support (including modeled sentences), use simple phrases (e.g., noun, verb, adjectival, adverbial, prepositional) and clauses (e.g., independent, dependent, relative, adverbial), and produce and expand simple compound and a few complex sentences.

Use increasingly complex phrases (e.g., noun, verb, adjectival, adverbial and participial, prepositional, absolute) and clauses, and produce and expand simple, compound, and complex sentences.

Use complex phrases and clauses, and produce and expand simple, compound, and complex sentences.

By the end of each English language proficiency level, an ELSCD is able to make accurate use of standard English to communicate in grade-appropriate speech and writing.

ALT ELP.9-12.10 recognize and use a small number of frequently occurring nouns, noun phrases, verbs, conjunctions, and prepositions.

With prompting and support, recognize and use frequently occurring nouns, verbs, adjectives, adverbs, prepositions, and conjunctions produce simple and compound sentences. recognize and use simple phrases (e.g., noun, verb, adjective, adverbial, prepositional). recognize and use simple clauses (e.g., independent, dependent, relative, adverbial). produce simple, compound, and complex sentences.

Series 016 Regulations for the Education of Students with Exceptionalities (Policy 2419)

W. Va. Code R. § 126-16-1 General

1.1. Scope. -- This legislative rule applies to preschool, early childhood, middle childhood, adolescent, and adult students whose educational programs require special education and related services. This rule further applies to three-year-olds, as of the student’s third birth date, through five‑year-olds with disabilities, students with disabilities ages five through 21, all exceptional gifted students in grades nine through 12, and to all gifted students in grades one through eight as specified. This policy and procedures manual apply to students enrolled in public schools, including charter public schools, and private schools where students are placed at the expense of the State of West Virginia. Rights under this rule cease to apply at the end of the school year in which the student turns 21 years of age, that is, the year in which the student is 21 years of age prior to July 1 or the student has met graduation requirements for a regular high school diploma.

1.1.a. Local educational agency (LEA). For purposes of this rule LEA includes county boards of education, schools and facilities under the supervision of the West Virginia Board of Education (WVBE), and charter public schools.

1.1.b. Parent. A natural, adoptive, or foster parent of a child; a guardian (but not the state if the child is a ward of the state); an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives; or an individual assigned to be a surrogate parent.

1.1.c. Adult Student. A student who has reached age 18, the age of majority in West Virginia, and for whom all rights accorded to parents under Part B of Public Law 108‑446, Individuals with Disabilities Education Improvement Act of 2004 (IDEA), have transferred to the student.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §18-20-1, et seq., and Public Law 108‑446, Individuals with Disabilities Education Improvement Act of 2004.

1.3. Filing Date. -- February 9, 2023.

1.4. Effective Date. -- March 13, 2023.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities, filed October 12, 2022, and effective November 14, 2022.

W. Va. Code R. § 126-16-2 Purpose

2.1. IDEA and the IDEA regulations (34 CFR Part 300) require that states set forth policies and procedures to demonstrate that the state has established a goal providing full educational opportunity to all students with disabilities who are residents of West Virginia, aged birth through 21 years of age and a detailed timetable for accomplishing that goal. West Virginia affirms the goal to provide full educational opportunities for all students with disabilities, aged birth through 21 years of age, residing within its jurisdiction. West Virginia works toward the realization of this goal through the implementation of, and compliance with, IDEA and any subsequent reauthorization, state policies and procedures, and the implementation of the West Virginia Results and Compliance System Procedures (RCSP).

2.2. West Virginia's mandatory special education statute legislates a child identification effort by county boards of education (W. Va. Code §18-20-2, et seq.). The mandated target group for the state Child Find requirements includes individuals with disabilities residing in West Virginia from birth through 21 years of age, gifted students from first through eighth grades, and exceptional gifted in grades nine through 12. Part C of IDEA requires interagency collaboration in Child Find activities targeting children from birth through five years of age. Part C services for children birth to three years old are administered through the West Virginia Department of Health and Human Resources (WVDHHR).

2.2.a. The intent of the federal and state legislative Child Find mandates is to require an active search by the state and LEAs for individuals with disabilities ages birth through 21, gifted individuals from first through eighth grades, and exceptional gifted individuals in grades nine through 12, including students with disabilities who are homeless or are wards of the state and students with disabilities attending private schools, regardless of the severity of the student’s disability, who need special education and related services. Mandated Child Find activities include the identification of students who are residents of other states who are attending public and private schools in West Virginia.

2.3. W. Va. Code §18-20-1, et seq., the state's mandatory special education statutes, and IDEA affirm that education is a right extended to all individuals with exceptionalities and not a privilege. These mandates assure that all individuals with disabilities ages three through 21 years of age, including students with disabilities who have been suspended or expelled from school, all gifted students in grades one through eight, and all exceptional gifted students in grades nine through 12, have available a free appropriate public education (FAPE) which includes special education and related services in the least restrictive environment (LRE) to meet the student’s unique special educational needs. This mandate applies to all public agencies that provide special education and related services to students with exceptionalities.

W. Va. Code R. § 126-16-3 Incorporation by Reference

3.1. The West Virginia Procedures Manual for the Education of Students with Exceptionalities is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education (WVDE).

W. Va. Code R. § 126-16-4 Summary

4.1. Federal statute and W. Va. Code provide requirements for identifying students with exceptionalities whose learning needs are adversely impacted by the student’s disability or giftedness and need special education services and support. Therefore, the term exceptionality in this policy and procedures manual refers to eligible students with disabilities and eligible students who are gifted. These policies and procedures outline the responsibilities of the state and LEA in meeting these requirements.

W. Va. Code R. § 126-16-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

TABLE OF CONTENTS

LEGISLATIVE RULE 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities 1 Acronyms and Abbreviations 9 Definitions 11 West Virginia Procedures Manual for the Education of Students with Exceptionalities 31

Chapter 1 - FREE APPROPRIATE PUBLIC EDUCATION 32

Section 1. Definition of a Free Appropriate Public Education (FAPE) 32

Section 2. FAPE Consideration 32 A. LEA Obligation 32 B. Applicability to Detained Youth 33 C. Using Private and Public Insurance Funds to Provide FAPE 33 D. Extended School Year 35 E. Nonacademic Services 35

Section 3. Exceptions to FAPE 35

Chapter 2 - CHILD FIND 36

Section 1. LEA Responsibility 36

Section 2. Locating Students 36 A. Coordination 36 B. Public Awareness 37

Section 3. Referrals 37 A. Referral Sources 37 B. The Screening Process 37 C. Student Assistance Team (SAT) Membership and Responsibilities 38 D. Procedures for Written Referrals for Special Education Evaluation 38

Chapter 3 - EVALUATION/REEVALUATION 40

Section 1. Evaluation Team 40

Section 2. Planning, Conducting and Timelines for a Multidisciplinary Evaluation 40 A. Initial Evaluation 40 B. Reevaluation 41 C. Additional Evaluations Requested by an EC or IEP Team 42 D. Parental Request for Additional Evaluation 43

Section 3. Written Notice and Consent for Evaluation 43 A. Written Notice Requirement 43 B. Consent Requirements 44 C. When Written Notice and Consent Are Not Required 44 D. Information from Other Agencies or LEAs 45

Section 4. Evaluation Procedures 45 A. Areas to Evaluate 45 B. Evaluation Procedures and Instruments 46 C. Qualifications and Responsibilities of Evaluators 46

Chapter 4 - ELIGIBILITY 48

Section 1. Eligibility Determination 48

Section 2. Eligibility Report 49

Section 3. State Eligibility Criteria 50 A. Autism 51 B. Blindness and Low Vision 52 C. Deafblindness 53 D. Deafness 53 E. Developmental Delay 54 F. Emotional Disturbance 55 G. Gifted 56 H. Hard of Hearing 57 I. Intellectual Disability 58 J. Orthopedic Impairment 58 K. Other Health Impairment 59 L. Specific Learning Disability 59 M. Speech or Language Impairment 64 N. Traumatic Brain Injury 71

Chapter 5 - INDIVIDUALIZED EDUCATION PROGRAMS (IEP) 72

Section 1. IEP Initiation 72 A. Purpose of Meeting 72 B. Team Decision Making 73 C. Scheduling IEP Meetings 73 D. IEP Team Membership 73 E. The General Educator’s Role in IEP Development 75 F. Invitation to IEP Team Meetings 75

Section 2. IEP Development 76 A. Student Information 76 B. Documentation of Attendance 76 C. Considerations 76 D. Present Levels of Academic Achievement and Functional Performance (PLEP) 77 E. Goals and/or Objectives 78 F. Secondary Transition Services and Summary of Performance 78 G. Statement of Special Education and Related Services 79 H. Extended School Year (ESY) Services 82 I. Statewide and LEA-wide Achievement Testing 83 J. Least Restrictive Environment Considerations and Placement Decisions 84 K. Consent for Initial Placement and Revoking Consent 88 L. Parent or Adult Student Disagreement 88 M. Following the Meeting 89

Section 3. IEP Reviews 89 A. Annual Reviews 89 B. IEP Amendments 89 C. Other IEP Reviews 90

Section 4. IEPs for Transfer Students 90 A. Transfer from a West Virginia School 90 B. Transfer from an Out-of-State 90 C. Transmittal of Records 91

Section 5. IEPs for Children from the WV Birth to Three Program 91 A. Transition Planning for Children from WV Birth to Three 91 B. IEP Required 91 C. Consent and Notice Requirements 91 D. Part C to B Transition Timelines Considerations 92 E. Child’s Status During Due Process Hearing Proceedings 92 F. Procedural Safeguards Notice 92

Section 6. Students with Disabilities in Adult Prisons 92

Chapter 6 - ADMINISTRATION OF SERVICES 94

Section 1. Initiation of Services 94

Section 2. Provision of IEP Information 94

Section 3. Provision of Services 95

Section 4. Provision of Staff 95 A. Personnel 95 B. Adequate Staff 96

Chapter 7 - DISCIPLINE 102

Section 1. LEA Actions When Removals Are Not Considered a Change of Placement 104

Section 2. LEA Actions When Considering a Disciplinary Change of Placement 104 LEA Actions When Conduct is Determined to Be a Manifestation of the Student’s Disability 104 LEA Actions When Conduct is Determined Not to Be a Manifestation of the Student’s Disability 105 C. LEA Actions When a Behavior Violation Involves Weapons, Illegal Drugs or Serious Bodily Injury 105 D. FAPE Requirements in an Interim Alternate Educational Setting (IAES) 106

Section 3. Additional Disciplinary Considerations 106 A. Requesting an Expedited Hearing 106 B. Requesting an Evaluation for a Disciplined Student 106 C. Referrals to and Action by Law Enforcement and Judicial Authorities 107 D. Transfer of Discipline Records 108

Chapter 8 - PRIVATE SCHOOL STUDENTS 109

Section 1. Definitions of Private School Placements 109 A. Definition of Voluntary Enrollment by a Parent 109 B. Definition of LEA Placement 109 C. Definition of Unilateral Placement by a Parent 109

Section 2. Students Voluntarily Enrolled by a Parent 109 A. Child Find 109 B. Annual Count of Eligible Students 110 C. Consultation 110 D. Determining the Proportionate Funding for Private School Students 111 E. Expenditure Requirements 111 F. Determination of Services 112 G. Provision of Services 112 H. Content of a Service Plan 113 I. Dispute Resolution 113

Section 3. Students Placed by the LEA 113

Section 4. Unilateral Placement by a Parent 114 A. General Provisions for Reimbursement 114 B. Denial or Reduction of Reimbursement 115

Chapter 9 - GENERAL SUPERVISION AND ACCOUNTABILITY FOR PERFORMANCE AND COMPLIANCE 116

Section 1. General Supervision 116 A. Responsibilities of the West Virginia Board of Education (WVBE) 116 B. Responsibilities of the West Virginia Department of Education (WVDE) 116 C. Responsibilities of the LEAs 120

Section 2. State Performance Plan 120 A. Performance Goals and Indicators 120 B. State Monitoring and Determinations 122 C. Statewide and LEA Assessment Reporting 122 D. Suspension and Expulsion Rates 123 E. Disproportionality 123

Section 3. Personnel 124 A. Professional 124 B. Paraprofessionals, Assistants and Aides 126

Chapter 10 - PROCEDURAL SAFEGUARDS 127

Section 1. Notice Requirements 127

Section 2. Procedural Safeguards Notice 127 A. Procedural Safeguards Notice Contents 127 B. When the Procedural Safeguards Notice Is Provided 128

Section 3. Prior Written Notice (PWN) 128 A. Content of Prior Written Notice 128 B. Timeline for the Provision of Prior Written Notice 129

Section 4. Notice of Meetings 129

Section 5. Parental Participation 130

Section 6. Informed Consent 130 A. Informed Consent Required 130 B. Informed Consent Not Required 131 C. Refusal to Give Consent 131 D. Failure to Respond to a Request for Consent Regarding Reevaluation 132 E. Revoking Consent 132

Section 7. Independent Educational Evaluations (IEE) 132 A. Right to an IEE 132 B. Procedures for Requesting an IEE 132 C. LEA Responsibilities Following Independent Educational Evaluation Requests 133 D. Considerations of the IEE Results 133

Section 8. Surrogate Parents 134 A. Referral for a Surrogate Parent 134 B. Criteria for Serving as a Surrogate Parent 134

Section 9. Adult Students and the Transfer of Rights 135 A. Discussion of the Transfer of Rights 135 B. Notice of Transfer of Parental Right at Age 18 135 C. Written Notice and IEP Team Participation 135

Section 10. Confidentiality and Access to Records 135

Chapter 11 - DISPUTE RESOLUTION 136

Section 1. Facilitated IEP Team Meeting 136 A. Responsibilities of an Individual/LEA Requesting a Facilitated IEP 136 B. Responsibilities of the WVDE 136

Section 2. State Complaint Procedures 137 A. Responsibilities of an Individual/Organization Filing a State Complaint 137 B. Responsibilities of the WVDE 138 C. State Complaints and Due Process Complaints 138 D. Early Resolution to State Complaints 139

Section 3. Mediation 139 A. Responsibilities of an Individual/ LEA Requesting Mediation 139 B. Responsibilities of the WVDE 140 C. Meeting to Encourage Mediation 141

Section 4. Due Process Complaints 141 A. Filing a Due Process Complaint 141 B. Due Process Complaint Components 142 C. Sufficiency of a Due Process Complaint 142 D Responding to a Due Process Complaint 143 E. Resolution Process 143 F. Responsibilities of the WVDE 144 G. Qualifications of Due Process Hearing Officers 145 H. Selection of Due Process Hearing Officers 145 I. Due Process Hearing Rights 146 J. Student’s Status During Proceedings 147 K. Timelines and Convenience of Hearings 147 L. Expedited Due Process Complaint 147 M. Due Process Hearing 147 N. Civil Action 148 O. Attorneys’ Fees 148 Discipline Flow Chart 150 Manifestation Determination Review Flow Chart 151 Severity Levels for Adaptive Functioning 152 ACRONYMS AND ABBREVIATIONS ADHD Attention Deficit Hyperactivity Disorder APRN Advanced Practice Registered Nurse BIP Behavior Intervention Plan CIC Clean Intermittent Catheterization DARF Disciplinary Action Review Form EC Eligibility Committee ECCAT Early Childhood Classroom Assistant Teacher EDEN Education Data Exchange Network ELA English language arts ESSA Every Student Succeeds Act ESY Extended School Year FAPE Free Appropriate Public Education FBA Functional Behavior Assessment FERPA Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99)

GEE General Education Environment GEFT General Education: Full-Time GFPT General Education: Part-Time IAES Interim Alternative Educational Setting IDEA Individuals with Disabilities Education Improvement Act of 2004 IEE Independent Educational Evaluation IEP Individualized Education Program IFSP Individual Family Service Plan LEA Local Educational Agency LRE Least Restrictive Environment MTSS Multi-Tiered System of Supports NIMAS National Instructional Materials Accessibility Standard PEP Personalized Education Plan PA Physician’s Assistant PBIS Positive Behavioral Interventions and Supports PWN Prior Written Notice SAT Student Assistance Team SLD Specific Learning Disability SLP Speech-Language Pathologist SLPA Speech-Language Pathology Assistant SPP State Performance Plan UDL Universal Design for Learning WVBE West Virginia Board of Education WVDE West Virginia Department of Education WVDHHR West Virginia Department of Health and Human Resources WVEIS West Virginia Education Information System WV-MAP W. Va. 126CSR14, Policy 2340, West Virginia Measures of Academic Progress West Virginia Board of Education policies may be found at: http://wvde.state.wv.us/policies/.

DEFINITIONS

Acceleration. Moving through a prescribed course of study at a faster or earlier rate. Acceleration includes but is not limited to: compacted classes/schedules, testing out, advanced placement, fast-paced curriculum, and high school credit for college classes.

Accommodation. An effort to alter the representation, presentation, or the student’s engagement with the curriculum to enhance access and progress. Accommodations are changes in assessment or curriculum that do not alter the validity, reliability, or security of the test or curriculum. An accommodation does not alter what the student is expected to know. Accommodations do not change the content and are not considered interventions.

Adaptive Physical Education. General physical education, which has been modified or adapted, so that a student with disability can participate in the general physical education program. Modifications may include, but are not limited to, instructional adaptations and/or modified or specialized equipment.

Adaptive Skills. Those skills necessary to function adequately within a person's present environment; skill areas include: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work.

Adult Education. The educational program that addresses the intellectual, physical, social/emotional, and occupational needs of persons 16 years old and older who presently are not enrolled in a public school.

Adult Student. A student who has reached age 18, the age of majority in West Virginia, and for whom all rights accorded to parents under Part B of Public Law 108‑446, Individuals with Disabilities Education Improvement Act of 2004 (IDEA), have transferred to the student.

Adversely Affects. Interferes with the student's educational performance to the extent that the student is unable to achieve in the general education program within the range of functioning of the student's chronological age peers without disabilities.

Age-Appropriate. Applies to peers of similar chronological ages or settings in which peers of similar chronological ages without exceptionalities are served.

Alternate Diploma (State-defined). Diploma awarded to eligible students with disabilities who have been determined by an IEP Team to be unable, even with extended learning opportunities and significant instructional accommodations, to meet state and county standard graduation requirements. These students participate in the alternate assessment based on alternate academic achievement standards. The state-defined alternate diploma must be standards-based, be aligned with state requirements for the regular high school diploma and be obtained within the time period for which the state ensures the availability of a FAPE.

Annual Goal. Measurable statements developed from the present levels of educational performance that project what a student with an exceptionality can reasonably be expected to accomplish within a 12‑month period. For students with exceptionalities, annual goals must relate to helping students be involved in and progress in the general curriculum. For students with disabilities, annual goals will also address other educational needs that arise due to the student's disability and help them participate in extracurricular and nonacademic activities.

Assistive Technology Device. Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of students with disabilities. The term does not include a medical device that is surgically implanted, or the replacement of such a device.

Assistive Technology Service. Any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device. The term includes: the evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment; purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities; selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; training or technical assistance for a student with a disability or, if appropriate, that student's family; and training or technical assistance for professionals, (including individuals providing education or rehabilitation services) employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the student with a disability.

Audiological Services. Services provided by a qualified audiologist include: identification of students with hearing loss; determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; creation and administration of programs for prevention of hearing loss; counseling and guidance of pupils, parents, and teachers regarding hearing loss; and appropriate aid and evaluating the effectiveness of amplification.

Behavior Intervention Plan (BIP). Written, purposeful, and individualized plan based upon a student's individualized needs, ideally assessed through a functional behavioral assessment (FBA). The BIP describes the positive behavioral interventions, strategies and supports required to successfully implement, in specific settings, the student's IEP goals and objectives in the areas of social, emotional, and/or behavioral development to remediate or replace target behaviors. The BIP may include, but is not limited to: environmental modifications that may reduce the occurrence of the target behavior(s); guidance, structured opportunities, and/or instruction in the use of new skills as a replacement for problem behaviors; consequences to promote positive change and diminish problem behavior; a crisis management plan, if appropriate; and procedures for monitoring, evaluating, and reassessing the plan as necessary.

Business Day. Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of business day.

Career Technical Education. Organized educational programs that are directly related to the preparation of individuals for employment.

Case Management. The additional duties a special education teacher can be assigned for a group of students including primary responsibility in performing the administrative functions of the IEP process including but not limited to: setting up meetings; ensuring appropriate forms are completed; ensuring timelines are met; and notifying participants of the times and dates of meetings.

Class List. The list of students for whom a special education teacher has responsibility for direct instruction per instructional period.

Close Adult Supervision. The provision of staff to address the behavioral, academic, medical, health, safety, or other needs of a student to enable them to make progress toward the goals of the student’s IEP and be educated in the LRE.

Collaboration. A style of interaction in which two or more professionals work together toward a common goal.

Communication. The active process of exchanging information and ideas. Communication involves both understanding and expression. Forms of expression may include personalized movements, gestures, objects, vocalizations, verbalizations, signs, pictures, symbols, printed words, and output from augmentative and alternative communication (AAC) devices.

Community Settings. Community environment(s) in which the student will be expected to use/apply the skills or behaviors that are being learned.

Community Use. The appropriate use of community resources. This includes traveling in the community, shopping for groceries and other items, purchasing or obtaining services from community businesses (e.g., gas stations, repair shops, medical offices), attending places of worship, using public transportation, and using public facilities (e.g., schools, parks, libraries, recreational centers, streets, sidewalks, theaters). Related skills include appropriate behavior in the community, indicating choices and needs, social interaction, and the application of functional academics.

Confidentiality. The protection of all personally identifiable data, information and records collected or maintained by any agency or institution under the general supervision of the WVBE.

Consent. As defined by IDEA, parental consent or informed written consent. Parent/adult student is fully informed regarding the actions by the LEA for which consent is being requested.

Continuum of Services/Placements. A range of settings in which eligible students with exceptionalities receive special education and related services.

Controlled Substance. A drug or other substance identified under schedules I, II, III, IV, or V in Section 202(c) of the Controlled Substances Act (21 U.S.C. 812 (c)).

Core Academic Subjects. English language arts (ELA)/reading, mathematics, science, and social studies.

Co-teaching. Two or more educators delivering instruction designed to support an academically diverse or blended group of students in a single physical space; when a special and general educator share instructional responsibilities for a group of students with diverse needs in the same general education classroom.

Counseling Services. Services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

Critical Skills. The cognitive, physical, communication, and/or social/emotional abilities needed for the student to maintain current levels of performance.

Dangerous Weapon. A weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does NOT include a pocketknife with a blade of less than three and one-half inches in length (W. Va. Code §61‑7-2).

Day. Day means calendar day unless otherwise indicated as school day or business day.

Direct Services. Instruction, therapy, or interventions provided one-on-one or in groups to an eligible student with an exceptionality in school, home, or community settings.

Disability. As defined by IDEA, a student with intellectual disability, hearing impairment, speech or language impairment, visual impairment, serious emotional disturbance, orthopedic impairment, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services.

Disciplinary Removal. Any instance in which a child is removed from an educational placement for disciplinary purposes, including in-school suspension, out‑of-school suspension, expulsion, removal by school personnel to an interim alternative educational setting for drug or weapon offenses or serious bodily injury, and removal by hearing officer for likely injury to self or others.

Drug Offenses. The use, possession, sale, manufacture, solicitation, or the intent to manufacture or deliver a controlled substance as identified in 21 U.S.C. Section 812(c). These offenses do not include use, possession, sale, or solicitation of alcohol or tobacco.

Early Identification and Assessment. The implementation of a formal plan for identifying a disability as early as possible in a child's life.

Early Learning Programs. The early and elementary learning programs that address the holistic needs of all students in grades Pre-K through five. Early and elementary learning programming is defined in W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510).

Economically Disadvantaged. A student whose family income meets the federal guidelines for reduced or free school lunch.

Education Records. Those records which are directly related to a student and are collected, maintained, or disclosed by an educational agency or institution or by a party acting for the agency or institution.

Educational Sign Language Interpreter. A paraprofessional meeting the requirements of W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classification (Policy 5202), who provides related services using sign language/communication systems and spoken languages in public school settings for purposes of providing access to the general curriculum, classroom dynamics, extracurricular activities and social interactions for students who are deaf and hard of hearing.

Educational Performance. A student's functioning or performance relative to age/grade performance in programs of study, basic communication skills, social interaction, and emotional development within the school and/or community environments.

Eligible Students with Exceptionalities. Those individuals who, in accordance with the definitions, eligibility criteria, procedures, and safeguards contained in this document, have been identified as having one of the following exceptionalities as defined in Chapter 3: autism, emotional disorder, blindness and low vision, speech/language impairment, deafblindness, deaf and hard of hearing, gifted, exceptional gifted (grades nine through 12), intellectual disability, orthopedic impairment, other health impairment, developmental delay, specific learning disability, traumatic brain injury; and need special education.

Eligible Students with Disabilities. Those individuals who, in accordance with the definitions, eligibility criteria, procedures and safeguards contained in this document, have been identified as having one of the following disabilities as defined in Chapter 3 but does not include Gifted or Exceptional Gifted: autism, emotional disturbance, blindness and low vision, speech/language impairment, deafblindness, deaf and hard of hearing, intellectual disability, orthopedic impairment, other health impairment, developmental delay, specific learning disability, traumatic brain injury; and need special education.

Equipment. Machinery, utilities, and built-in equipment and any necessary enclosures or structures to house the machinery, utilities, or equipment; and all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.

Evaluation. Procedures used in accordance with the protection in evaluation requirements of IDEA to determine whether a student is exceptional and the nature and extent of the special education and related services that the student needs. The term means procedures used selectively with an individual student, and do not include basic tests administered to or procedures used with all students in a school, grade, or class.

Exceptionality. Category of disability and/or giftedness of a student.

Executive Skills. Those functions which enable a person to plan, sequence and self-monitor multi-step activities and engage in organized, purposeful behavior.

Expulsion. An action taken by the LEA removing a student from the student’s regular school for disciplinary purposes for the remainder of the school year or longer, in accordance with LEA policy, W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), and W. Va. Code §18A-5-1a.

Extended School Year Services. Special education and related services that are provided to a student with a disability beyond the normal school year of the LEA, in accordance with the student's IEP, and at no cost to the parents of the student; and that meet the standards of the state educational agency.

Firearm. Any weapon which will expel a projectile by action of an explosion.

Formative Assessment. An on-going classroom-based assessment of student progress within an instructional program, which provides feedback to the student and information for the teacher to use in making necessary instructional adjustments, such as reteaching, alternative approaches, or more opportunities for practice.

Free Appropriate Public Education (FAPE). Special education and related services that:

1. are provided at public expense, under public supervision and direction, and without charge to the parent;

2. meet the standards of the state education agency, including the requirements of these regulations;

3. include preschool, elementary school, or secondary school education in the state, and 4. are provided in conformity with an IEP.

Functional Behavioral Assessment (FBA). A sequential, multi-step, team evaluation process that helps to determine the purpose and the effect of the problem behavior(s) so that IEP goals and objectives can be identified, and interventions and modifications can be developed and implemented, specifically through a student's Behavioral Intervention Plan. An FBA requires that both school personnel and the parents evaluate the behaviors of concern within the broader perspective of the student's home and school environments.

Functional Listening Evaluation (FLE). Assessment of how a student’s listening abilities are affected by noise, distance, and visual input in the student’s natural listening environment.

Functional Vision Assessment (FVA). An assessment to determine what students with visual impairment can see, how the students use their vision (including sustainability of use), and under what conditions the students can see. Its focus is on accessing the wide range of educational materials available across all environments. A comprehensive FVA is needed to identify adverse impact and determine the specially designed instruction necessary. After the initial comprehensive FVA, updates are recommended annually or if there is a change in vision, environments, or educational materials; it is a rolling assessment. It is typically not done with students who are totally blind or have light perception only. For students with cortical vision impairment(s), the FVA encompasses the 10 characteristic behaviors associated with cortical visual impairment. This assessment is conducted by a teacher of the visually impaired (TVI).

General Curriculum. Grade-level and/or course-specific instruction designed and delivered by teachers to ensure student mastery of the West Virginia College- and Career-Readiness Standards.

General Education. An educational program designed to meet the needs of all students in Pre-K, early childhood, middle childhood, adolescent, or adult education. Instruction in the general curriculum with any necessary accommodation may include co-taught classrooms, community-based instruction, or vocational instruction.

General Education: Full-Time (GEFT). One school-age option of the LRE continuum of services. The student’s specially designed instruction and related services are delivered inside the general education classes or integrated community settings for 80 percent or more of the school day.

General Education: Part-Time (GEPT). One school-age option of the LRE continuum of services. The student’s specially designed instruction and related services are delivered inside the general education classes or integrated community settings for no less than 40 percent of the school day.

General Intellectual Functioning. Acquired learning and learning potential as measured by a systematic evaluation with one or more of the individually administered general intelligence tests or procedures.

Health and Safety. Maintaining one's own well-being including: appropriate diet; illness identification, treatment, and prevention; basic first aid; sexuality; physical fitness; basic safety (e.g., following rules and laws, using seat belts, crossing streets, interacting with strangers, seeking assistance); regular physical and dental check-ups; and daily habits. Related skills include protecting oneself from criminal behavior, indicating choices and needs, interacting socially, and applying functional academics.

High Cost/High Acuity. A child with a disability with an IEP is defined as a high-cost child or child with high acuity needs if the cost of providing an education to the child is greater than three times the average per pupil expenditure (as defined in section 9101 of the Elementary and Secondary Education Act) in West Virginia.

Historically Under-represented Gifted Population. Those students whose giftedness may not be apparent due to low socioeconomic status, a disability in accordance with this policy, or a background that is linguistically or culturally different.

Home Living. Daily functioning within a home including: housekeeping, clothing care, property maintenance, food preparation, planning and budgeting for shopping, home safety and daily scheduling. Related skills include orientation, behavior in the home and neighborhood, communication of choices and needs, social interaction, and application of functional academics in the home.

Homeless Children and Youths. Defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. §§11431 through 11435).

Individuals with Disabilities Education Improvement Act of 2004 (IDEA). Federal law that makes available a FAPE to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

Illegal Drug. A controlled substance; the definition does not include such a substance that is legally possessed or used under the supervision of a licensed health-care professional, or that is legally possessed or used under any other authority under the Controlled Substances Act or under any other provision of federal law.

Independent Educational Evaluation. An evaluation conducted by a qualified evaluator who is not employed by the LEA responsible for the education of the student in question, and who is selected by the party seeking the independent evaluation.

Indirect Services. Services provided by a special education teacher or provider to the student’s teacher(s), aide(s), or another adult to directly benefit the student. In the case of assistive technology services, the indirect service may include collaboration with the individuals responsible for the provision of services described in the IEP to directly benefit the student. Indirect services include, but are not limited to, selecting or designing materials and/or activities, monitoring behavior management plans, programming assistive technology devices, or evaluating student progress on short-term objectives.

Individualized Education Program (IEP). A written plan for an eligible student with an exceptionality that is developed, reviewed, and revised in accordance with Policy 2419 and IDEA.

Individualized Education Program Team or IEP Team.

A group of individuals described in regulations that is responsible for developing, reviewing, or revising an IEP for an eligible student with an exceptionality.

In-school Suspension. Instances in which a child is temporarily removed from a classroom(s) for disciplinary purposes but remains under the direct supervision of school personnel. Direct supervision means school personnel are physically in the same location as students under the school personnel’s supervision.

Intervener. A specially trained person who works consistently one-to-one with a student who is deafblind. The intervener facilitates access to the environmental information that is usually gained through vision and hearing, but which is incomplete to the child who is deafblind. The intervener helps the student gather information, learn concepts and skills, and develop communication and language.

Instructional Day. Time allocated within the school day for the teaching and mastery of content standards as specified in Policy 2510.

Interim Alternative Educational Setting (IAES). An appropriate setting determined by the student’s IEP Team in which the student is placed for no more than 45 school days. This setting enables the student to continue to receive educational services and participate in the general education curriculum, although in another setting, and to progress toward meeting the goals established in the IEP. As appropriate, a functional behavioral assessment (FBA) and behavioral intervention services and modifications shall be conducted and implemented to address the behavior violation so that it does not recur.

Interpreting Services. With respect to students with deafness or who are hard of hearing: includes oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell.

Least Restrictive Environment (LRE). The educational placement which provides the services/conditions necessary to meet the unique educational and behavioral needs of the student, while providing the student with integration to the maximum extent appropriate with peers without exceptionalities.

Leisure. A variety of leisure and recreational interests that reflect personal preferences and choices. Public activities should reflect age and cultural norms. Skills include choosing and initiating activities, using and enjoying home and community leisure and recreational activities alone and with others, playing socially with others, taking turns, choosing not to participate in leisure activities, participating longer and expanding one's awareness and repertoire of interests and skills. Related skills include behavior in the leisure and recreation setting, indicating choices and needs, social interaction, and application of functional academics and mobility.

Local Educational Agency (LEA). West Virginia county boards of education, schools and facilities under the supervision of the WVBE, and charter public schools acting as their own LEA or under the supervision of an LEA. These agencies are legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, LEA, or other political subdivision of a state, or for a combination of school LEAs or counties as are recognized in a state as an administrative agency for its public elementary or secondary schools.

Manifestation Determination. The process by which the LEA, the parent, and relevant members of the child’s IEP Team, as determined by the parent and the LEA, determine whether the child’s behavior that led to the disciplinary removal is related to the child’s disability.

Mediation. An informal, non-adversarial, and voluntary process in which the parties involved in a dispute are given an opportunity through an impartial third party, called a mediator, to resolve differences and find a solution satisfactory to the parties involved.

Medical Services. Services provided by a licensed physician, advanced practice registered nurse (APRN), or physician’s assistant (PA) to determine a student's medically related disability that results in the student's need for special education and related services.

Meeting. Includes but not limited to:

EC meetings to determine if a student is eligible for special education services. An EC meeting can be:

a. initial, b. transfer, or c. reevaluation.

IEP meetings to develop, review, or make changes to a students IEP. IEPs can be:

a. initial, b. annual, c. review, or d. targeted.

A meeting does not include informal or unscheduled conversations involving LEA personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if these issues are not addressed in the student's IEP. A meeting also does not include preparatory activities that LEA personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

Middle Level Programs. The educational program that addresses the intellectual, physical, and social/ emotional needs of learners across all programs in areas of study in grades six through eight.

Modification. Substantive changes in an assessment or academic curriculum that change the rigor or expectation. Modifications are generally made for students with significant intellectual or physical disabilities. A modification does alter content knowledge expectations.

Multidisciplinary Evaluation. Comprehensive procedures used to determine whether a student is exceptional and the nature and extent of the student’s needs. The term means procedures that are conducted by a team of individuals representing a variety of disciplines. These procedures are used selectively with an individual student and do not include basic tests administered to or procedures used with all students in a school, grade, or class.

Multidisciplinary Evaluation Team. A group of qualified personnel representing a variety of disciplines which determines the areas to be evaluated and conducts the multidisciplinary evaluation.

Multi-Tiered System of Supports (MTSS). A tiered framework that promotes a well-integrated system connecting general, supplemental, gifted, and special education to provide high quality standards‑based instruction, interventions and challenges that are matched to students’ academic, social‑emotional, and behavioral needs.

Native Language.

If used with reference to an individual of limited English proficiency, the language normally used by that individual, or, in the case of a student, the language normally used by the parents of the student;

In all direct contact with a student (including evaluation of the child), the language normally used by the student in the home or learning environment; or For an individual with deafness or blindness, or for an individual with no written language, the mode of communication normally used by the student (such as sign language, braille, or oral communication).

Non-academic Services. Non-academic and extracurricular services and activities provided by the LEA in addition to the required and elective programs of study. The term includes counseling, athletics, transportation, health services, recreational activities, special interest clubs or groups sponsored by the LEA, and referrals to agencies which provide assistance and employment to students, including both employment by the LEA and assistance in making outside employment available.

Non-aversive Behavioral Strategies. Strategies employed to change or maintain behavior without the application of a noxious or painful stimulus or the use of a strategy that results in severe physical/emotional stress/discomfort or the prolonged depravation of movement or basic biological needs.

Normal Rate or Level of Development. Average rate or level of developmental functioning as exhibited by students of the same chronological age. Rates or levels of development are indicated by age‑equivalency measures such as developmental age, mental age, developmental quotient, intelligence quotient, standard scores, and percentile, and are dependent upon the type of evaluation instrument used.

Objective Criteria. Standards established to determine whether a student is learning or has achieved a skill and if instruction is effective.

Objectives. Measurable, intermediate steps between a student's present levels of academic achievement and functional performance and the annual goals. Objectives are based on a logical breakdown of the major components of the annual goals.

Occupational Therapy. Services provided by a qualified occupational therapist, which include: improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function.

Orientation and Mobility. Services provided to students with blindness or have low vision by qualified personnel to enable those students to attain systematic orientation to and safe movement within the student’s environments in school, home, and community, including: teaching students spatial and environmental concepts and use of information received by the senses (such as sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (for example, using sound at a traffic light to cross the street); teaching students to use the long cane, as appropriate, to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; teaching students to understand and use remaining vision and distance low vision aids, as appropriate; and other concepts, techniques, and tools, as determined appropriate.

Out-of-School Suspension. Instances in which a child is temporarily removed from the child’s school for disciplinary purposes to another setting (e.g., home, behavior center). This includes both removals in which no IEP services are provided because the removal is 10 days or less, as well as removals in which the child continues to receive services according to the child’s IEP.

Out-of-State Placement. Placement of a student with a disability in a school/facility located outside of the state for special education and related services.

Parent.

A biological or adoptive parent;

A guardian, generally a person authorized to act as the parent or authorized to make educational decisions for the child;

An individual acting in the place of a biological or adoptive parent (e.g., grandparent, stepparent or other relative) with whom the child lives, or an individual who is legally responsible for a child's welfare;

A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent; or A surrogate parent who has been appointed in accordance with state and federal requirements.

The term parent does not include the state if a child is a ward of the state. State law may provide that a foster parent qualifies as a parent under IDEA and this policy if: the natural parents' authority to make educational decisions on the child's behalf has been extinguished under state law; the foster parent has an ongoing, long-term parental relationship with the child; the foster parent is willing to participate in making educational decisions on the child's behalf; and the foster parent has no interest that would conflict with the interests of the child.

When more than one party is qualified to act as a parent, the biological or adoptive parent must be presumed to be the parent unless this individual does not have the legal authority to make educational decisions for the child. If a judicial decree or order identifies a specific person or persons to act as the parent of a child or to make educational decisions on behalf of the child, then such person or persons must be determined to be the parent for purposes of implementing IDEA and Policy 2419.

Parent Counseling and Training. Assisting parents in understanding the special needs of the child, providing parents with information about child development and helping parents to acquire the necessary skills that will allow them to support the implementation of the child's IEP.

Parent Training. Activities to improve the parents' understanding of child development, the specific educational needs of the parents’ exceptional child, procedural safeguards, and surrogate responsibilities. The term includes the training of parents in specific skills relating to the management or education of the child while at home.

Parental Consent. See Consent.

Part B of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). Requires that states ensure students with disabilities aged three through 21 are provided a free appropriate public education (FAPE). Part B services are overs by the WVDE and implemented by the LEAs. Educational services under Part B are designed and provided through the Individualized Education Program (IEP) process.

Part C of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). Requires that states have a statewide comprehensive coordinated interagency system of services for infants and toddlers with disabilities from birth through age two. Under Part C, the governor designates a lead agency to implement Part C in the state. In West Virginia, the lead agency is the West Virginia Department of Health and Human Resources (WVDHHR). Services under Part C are designed and delivered through an Individualized Family Service Plan.

Participating Agency. A state or local agency, other than the public agency responsible for a student's education, that is financially and legally responsible for providing services to the student.

Pattern of Strengths and Weaknesses (PSW). An approach used to identify students with specific learning disabilities. This approach is used to identify whether a child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards, or intellectual development that is determined by the Eligibility Committee (EC) to be relevant to the identification of a specific learning disability, using appropriate assessments.

Personalized Education Plan (PEP) A plan developed to guide students and parents to thoughtfully explore individual interests and aptitudes in relation to academic and career planning. Each student’s course selections are based on individual career aspirations and post-secondary plans.

Personally Identifiable. Information that includes: the name of the student, the student's parent, or other family member; the address of the student; a personal identifier, such as the student's social security number or student number; or a list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

Personnel. A person who has met state educational agency-approved or recognized certification, licensing, registration, or other comparable requirements, which apply to the area in which special education or related services are provided.

Physical Education. The development of: physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports, including intramural and lifetime sports.

Physical education includes special physical education, adaptive physical education, movement education, and motor development.

Physical Therapy. Services provided by a qualified physical therapist.

Placement. The setting in which the eligible exceptional student receives special education and related services. Each placement option is described in Chapter 5, Section J.

Positive Behavioral Interventions and Supports (PBIS). A broad term that describes a comprehensive, research-based, proactive approach to behavioral support aimed at producing comprehensive change for students with challenging behavior. PBIS encompasses multiple approaches: changing systems, altering environments, teaching skills, and appreciating positive behavior. The goal of PBIS is not to eliminate the behavior but to understand the behavior's purpose (based upon information from the student's functional behavioral assessment if appropriate) so that the student can replace it with new, pro-social behaviors that achieve the same purpose. PBIS strategies may include, but are not limited to: altering the classroom environment; increasing predictability and scheduling; increasing choice making; making curricular adaptations; appreciating positive behaviors; and/or teaching replacement skills.

Pre-Employment Transition Services (Pre-ETS). May include services provided by schools and by the West Virginia Division of Rehabilitation Services that include: job exploration; work-based learning; counseling for transition and post-secondary programs; workplace readiness training; and/or self-advocacy training.

Present Levels of Academic Achievement and Functional Performance (PLEPs). Specific statements that describe the student’s current levels of achievement and the effect of the student's exceptionality on the student’s educational performance, including how the student's exceptionality affects the student's involvement and progress in the general education curriculum; or for preschool children, how the exceptionality affects the child's participation in age-relevant developmental activities. These statements are written in objective measurable terms, to the extent possible, using relevant information such as recent evaluation reports, statewide testing results, current progress data, and parent information.

Prior Written Notice (PWN). A written notice to inform a parent/adult student of the LEA’s proposal or refusal to initiate or change the student’s identification, evaluation, educational placement, or provision of a FAPE. The notice must be provided to the parent/adult student within a reasonable amount of time prior to implementing the proposed action/refusal, deemed to be five days in West Virginia.

Private/Religious School. An educational facility operated by a non-public agency or organization.

Procedural Safeguards. The due process protections afforded in the implementation of the West Virginia special education process.

Procedure. Any written course of action set forth to implement federal, state, and local policy which includes: a description of the actions to be undertaken; the criteria or standards to be used when decisions are required; the agency or entity responsible for such actions, and the timelines for completion.

Written procedures must describe actions in terms which are both measurable and operational.

Program of Study. A Pre-K through grade 12 curricular sequence that constitutes the subject matter to be offered in the public schools of West Virginia (e.g., ELA, science, mathematics, social studies, career technical education, business education).

Psychological Adjustment Disorder. Significant emotional or behavioral symptoms that adversely affect a student's educational performance documented by a comprehensive psychological evaluation.

Psychological Services. Includes: administering psychological and educational tests, and other assessment procedures; interpreting assessment results; obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; consulting with other staff members in planning school programs to meet the special needs of students as indicated by psychological tests; planning and managing a program of psychological counseling for students and parents; and assisting in developing positive behavioral intervention strategies.

Public Agency. State educational agency, LEA, and any other entity responsible for providing education to students with exceptionalities.

Public Expense. The public agency either pays for the full cost of the service or ensures that the service is otherwise provided at no cost to the parent.

Recreation. Includes: assessment of leisure function; therapeutic recreation services; recreation programs in schools and community agencies; and leisure education.

Regression/Recoupment. The loss of acquired skills and the inability to relearn those skills in a specified amount of time.

Rehabilitation Counseling Services. Services provided by a qualified rehabilitation counseling professional, in individual or group sessions, that focus specifically on career development, employment preparation, achieving independence and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to students with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended.

Related Services. Transportation and such developmental, corrective and other supportive services as are required to assist an eligible student with an exceptionality to benefit from special education. The term includes, but is not limited to, assistive technology, audiology, interpreting services, speech and language pathology, psychological services, physical and occupational therapy, clean intermittent catheterization (CIC), recreation, including therapeutic recreation, counseling services, including rehabilitation counseling, orientation and mobility services, social work services in schools, school health services and school nurse services, early identification and evaluation of disabling conditions in students, medical services for diagnostic or evaluative purposes only and parent counseling and training. Related services do not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device.

Removal by a Hearing Officer. Those instances in which an impartial hearing officer orders the removal of a student with a disability from the student’s current educational placement to an appropriate alternative educational setting for not more than 45 school days based on the hearing officer’s determination that maintaining the student’s current placement is substantially likely to result in injury to the student or others. The IEP Team is responsible for determining the alternative educational setting.

Resource Room. A setting separate from the general education environment where a special education program is delivered to students with disabilities, either individually or in a small group, for a portion of the school day. The amount of time spent in a resource room is determined by an IEP team’s consideration of each student’s individual need for specially designed instruction and support, and the determination of the student’s least restrictive environment. A resource room is distinct from a self-contained classroom in which students with more significant disabilities spend at least 60 percent of their school day.

School Day. Any day, including a partial day, in which students attend school for instructional purposes, in-person or remotely. A school day is the time inclusive of homeroom, class changes, breaks/recess, lunch, and other non-instructional activities from the first designated assembly of the student body in groups (homeroom or first period) to the dismissal of the student body. The term school day has the same meaning for all students in school, including students with and without exceptionalities.

School Health Services. Health services that are designed to enable a child with a disability to receive FAPE as described in the child’s IEP. Services are coordinated through the certified school nurse (defined as a Registered Professional Nurse) to provide early identification of educational deficits and communicable disease, daily support, and care for students with specialized health care needs during the school day with linkage and follow-up care to services as required in W. Va. 126CSR25A, Policy 2422.7, Standards for Basic and Specialized Health Care Procedures, and W. Va. 126CSR51, Policy 2423, Health Promotion and Disease Prevention.

Secondary Education Programs. The educational program that addresses the intellectual, physical, social/emotional and transition needs of learners for special education across all programs and areas of study in grades nine through 12.

Secondary School. A nonprofit institutional day or residential school that provides secondary education, as determined under state law, except that it does not include any education beyond grade 12.

Self-Care. Skills involving eating, dressing, grooming, toileting, and hygiene.

Self-Direction. Making choices. Self-direction includes learning and following a schedule; initiating appropriate activities consistent with one's personal interests; completing necessary or required tasks; seeking assistance when needed; resolving problems in familiar and new situations; and demonstrating appropriate assertiveness and self-advocacy.

Self-contained Special Education Classroom. A classroom where students with the most significant disabilities with similar needs receive instruction in all academic subjects for a least 60 percent of the student’s time.

Serious Bodily Injury. A bodily injury that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or faculty (18 U.S.C. Section 1365(3)(h)).

Serious Misconduct. Any activity for which suspension or expulsion is a punishment for students unless, for a student with a disability, the behavior is a manifestation of that disability. These activities are level three and four behaviors outlined in Policy 4373 and include: assault/battery on school employees (W. Va. Code §61-2-15); possession of a deadly weapon (W. Va. Code §61-7-11a); selling a narcotic drug on the premises of an educational facility, at a school sponsored function or on a school bus (W. Va. Code §60A-1-101); committing an act or engaging in conduct that would constitute a felony under the laws of this state if committed by an adult W. Va. Code 18A-5-1a(b)(I); unlawfully possessing on the premises of an educational facility or at a school sponsored function, a controlled substance governed by the Uniformed Controlled Substance Act; threatening to injure, or in any manner injuring, a pupil, teacher, administrator or other school personnel W. Va. Code §18A-5-1a(c); willfully disobeying a teacher W. Va. Code §18A-5-1a(c); possessing alcohol in an educational facility, on school grounds, a school bus or at any schoolsponsored function W. Va. Code §18A-5-1a(c); using profane language directed at a school employee or pupil W. Va. Code §18A-5-1a(c); intentionally defacing any school property W. Va. Code §18A-5-1a(c); participating in any physical altercation with another person while under the authority of school personnel W. Va. Code §18A-5-1a(c); or habitually violating school rules or policies W. Va. Code §18A‑5-1a(c).

Service Plan. A written statement that describes the special education and related services to be provided by the LEA to a parentally placed student with disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with Chapter 8. The service plan is developed and implemented in accordance with Chapter 5.

Shared Instructional Models. Include an array of service delivery options provided by general education, Title I and/or special education teachers, related services and support personnel and others that encompass consultative and co-teaching models and are undertaken for the purpose of maximizing results for all students.

Sign Support Specialist. A person employed to provide sign supported speech assistance to students (W. Va. Code §18A-4-8(i)(15)). Sign support specialists provide signed communication support to a student who is able to access environments through audition (i.e., hearing). The sign support specialist may be assigned to a student who is deaf or hard of hearing, in lieu of an interpreter only if an educational sign language interpreter I or II is unavailable, and the sign support specialist is executing a professional learning plan while actively seeking certification as an educational sign language interpreter I or II. After two years, the sign support specialist may remain in the assignment only if an educational sign language interpreter I or II remains unavailable, and with an approved waiver by the WVDE. (W. Va. Code §18‑20‑2(e))

Significant Cognitive Disability. Students with the most significant cognitive disabilities (moderate to severe intellectual disability) have general intellectual functioning more than three standard deviations below the mean, in consideration of 1.0 standard error of measurement as determined by a qualified psychologist, using an individually administered intelligence test; and the student exhibits concurrent deficits in adaptive functioning expected for the student’s age across multiple environments based on clinical and standardized assessment in at least one of the following domains: conceptual, social or practical.

Social Skills. Appropriate and inappropriate social behavior. Appropriate social behavior includes behaviors such as making friends, showing appreciation, smiling, taking turns, cooperating with others, demonstrating honesty, trustworthiness, and appropriate play, showing concern for others, displaying empathy and being fair. Inappropriate behavior includes behaviors such as tantrums, jealousy, fighting others, overstaying a welcome, being overly demanding, constantly needing reassurance and being non‑assertive.

Social Work Services in Schools. Services that include: preparing a social or developmental history on a student with a disability; group and individual counseling with the student and family;

Working with those problems in a student's living situation (home, school, and community) that affect the student's adjustment in school; and mobilizing school and community resources to enable the student to learn as effectively as possible in the student’s educational program and assisting in developing positive behavior intervention strategies.

Socially Maladjusted. Students who are socially maladjusted (i.e., Oppositional Defiant or Conduct Disordered) typically display a persistent pattern of willful refusal to meet even minimum standards of conduct. The student’s behavior and values are often in conflict with society’s standards. They exhibit a consistent pattern of antisocial behavior without genuine signs of guilt, remorse, or concern for the feelings of others.

Special Education Services. Specially designed instruction, at no cost to parents, to meet the unique educational needs of an eligible student with an exceptionality, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings. The term includes speech‑language pathology services, vocational education, and travel training if it consists of specially designed instruction, at no cost to the parents, to meet the unique needs of a student with an exceptionality.

Special Transportation. Modifications made in regular school transportation to assure accessibility of special education and other related services for students with disabilities. Special transportation includes special equipment (such as special or adaptive buses, lifts, and ramps), and special care (such as need for health and safety maintenance, assistance of aide, medication in transit and/or positioning), if required to provide school transportation for a student with a disability.

Specially Designed Instruction. Adapting content, methodology or delivery of instruction: to address the unique needs of an eligible student that result from the student's exceptionality; and to ensure access of the student to the general curriculum, so that the student can meet the educational standards that apply to all students.

Speech-Language Pathologist (SLP). Experts in communication disorders, including speech sound disorders, language, social communication disorders, voice, fluency, cognitive communication, feeding and swallowing, literacy, and augmentative and alternative communication.

Speech-Language Pathology Assistant (SLPA). Individuals who may provide services to students with communication disorders under the guidance and direction of a certified SLP. The requirements for the issuance of an authorization for speech assistants, identified as SLPA in Policy 2419, are defined in Policy 5202.

A SLPA must hold a minimum of a bachelor's degree in speech pathology or communication disorders from an accredited institution or have taken courses that meet the WVDE waiver; be employed by a West Virginia LEA; and receive the recommendation of the LEA superintendent verifying that the applicant is the most qualified candidate for the position and that no fully certified SLP has applied for the available position. Authorization must be renewed annually.

Speech-Language Pathology Services. Provided by a qualified SLP include, but are not limited to: identification of students with speech or language impairments; diagnosis and appraisal of specific speech or language impairments; referral for medical or other professional attention necessary for the habilitation of speech or language impairments; provision of speech and language services for the habilitation or prevention of communicative impairments; and counseling and guidance of parents, students, and teachers regarding speech and language impairments.

Standard Deviation. A statistic used to express the distance on the average of scores from the mean of the distribution. The standard deviation shows the variability of a series or group of scores or numbers.

Standard Error of Measurement. An indicator that allows a student's performance to be reported as a range of scores where it is highly probable the true score lies.

Standards-Based Individualized Education Program (SB-IEP). An individualized plan reasonably calculated to result in educational benefit and a FAPE. A SB-IEP includes grade-level expectations, student’s strengths and weaknesses, and how the student’s exceptionality affects involvement/progression in the general education curriculum. The plan’s annual goals are developed based on standards-focused content aligned with the general curriculum and alternate curriculum standards.

Student Assistance Team (SAT). A school-based team consisting of at least three persons, including a school administrator or designee to serve as the chairperson, a current teacher(s), and other appropriate staff, who have specialized training in procedures for multidisciplinary evaluations, multi-tiered systems of support (MTSS), alternate education placements, disciplinary procedures, and other school processes. This team meets regularly to conduct the problem-solving process for an individual student whose academic, mental health, or behavior struggles are impeding their success in the school environment.

Supplementary Aids and Services. Aids, services, and other supports that are provided in general education classes, other education-related settings and in extracurricular and nonacademic settings, to enable students with exceptionalities to be educated with students without exceptionalities to the maximum extent appropriate. Supplementary aids include any material/curricular resource or assistance, beyond what is normally afforded students without exceptionalities, provided to support a student with an exceptionality's placement, such as large print books, assistive technology devices, auditory trainers, curriculum adaptations and classroom modifications or aids, services, and other supports. Supplementary services include any human resource or assistance, beyond what is normally afforded students without exceptionalities, provided to support a student with an exceptionality’s placement, such as direct instruction, peer tutoring or note taking.

Supported Decision-Making (SDM). A less restrictive alternative to guardianship. The National Resource Center for Supported Decision Making describes this as a process where people use trusted friends, family members, and professionals to help them understand the situation and choices they face, so they may make their own decisions; it is a means for encouraging and empowering people to make their own decisions to the maximum extent possible. It is not a specific program, but a formal or informal process that keeps the person with a disability in control of their own lives.

Supported Employment. Paid work in the regular community work environment where persons without disabilities are employed. Individuals with disabilities are included in the work setting and receive initial training and on-going support services in the natural community work environment.

Targeted IEP Review. May be conducted when only a portion of an IEP requires review or modification (example: reviewing only the behavior present levels of educational performance (PLEPs)/goals/behavior plans of an IEP that also addresses academic areas). Conducting a Targeted IEP meeting does not change the Annual Review meeting date.

Transition Services. A coordinated set of activities and supports necessary for a student with a disability to achieve a seamless transition from a school to post-school environment. Transition activities and supports are based on data obtained from age-appropriate transition assessments and focus on improving academic and functional outcomes for the student necessary to achieve the student’s post-school goals. IEP teams must consider secondary transition activities and supports related to post-secondary education, vocational education, integrated employment including supported employment, continuing and adult education, adult services, independent living and/or community participation. These activities and supports must be based on the individual student's needs, preferences, and interests. These activities and supports include explicit skill instruction, related services, community experiences, development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and/or a provision of functional vocational evaluation.

Transportation. Includes: travel to and from school and between schools; travel in and around school buildings; and specialized equipment (such as special or adapted buses, lifts, and ramps), if required, to provide special transportation for a student with a disability.

Travel Training. Providing instruction, as appropriate, to students with significant cognitive disabilities, and any other students with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, the home, and the community).

Underachievement. Academic achievement and or classroom performance that is significantly discrepant with the student's intellectual ability documented by the student's educational record.

Unilateral Removal. Instances in which school personnel (not the IEP Team) order the removal of students with disabilities from the student’s current educational placement to an appropriate interim alternative educational setting for not more than 45 school days. The IEP Team is responsible for determining the interim alternative educational setting. Unilateral removals do not include decisions by the IEP Team to change a student’s placement.

Universal Design for Learning (UDL). An education framework based on research in learning sciences, which guides development and management of flexible learning environments that can accommodate individual learning differences, for ALL learners. A UDL environment provides multiple means of representation, action and expression, and engagement.

Ward of the State. A child who, as determined by the state where the child resides, is: a foster child; a ward of the state; or in the custody of a public child welfare agency.

Ward of state does not include a foster child who has a foster parent who meets the definition of a parent.

Work. Holding a part- or full-time job (supported or non-supported) or participating in a voluntary activity in the community. Related skills include specific job competencies, appropriate social behavior, appropriate work skills (e.g., completion of tasks, awareness of schedules, ability to seek assistance, take criticism), money management, the application of other functional academic skills, and skills related to going to and from work, preparing for work, managing oneself at work and interacting appropriately.

INTRODUCTION

West Virginia Procedures Manual for the Education of Students with Exceptionalities The West Virginia Procedures Manual for the Education of Students with Exceptionalities outlines the policies and procedures local educational agencies (LEAs) must follow in meeting the requirements of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), and W. Va. Code §18-20-1, et seq.

To receive federal funds available under IDEA, LEAs must adopt and implement appropriate special education policies and procedures. These policies and procedures must be consistent with federal and state laws, rules, regulations, and legal requirements and must be approved by the West Virginia Board of Education (WVBE). This manual is provided to each LEA as WVBE approved policies and procedures to be adopted by the LEA. Any changes to procedures outlined in the manual must have WVBE approval.

Chapter 1 FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

A free appropriate public education (FAPE) must be available to all public school students residing and/or enrolled in the state between the ages of three through 21, inclusive, who are eligible for special education services, including students enrolled in charter public schools and private schools where students are placed at the expense of the State of West Virginia. FAPE is individually determined for each student. FAPE must include special education services in the least restrictive environment (LRE) and may include related services, transition services, supplementary aids and services, and/or assistive technology devices and services. A definition of each of these terms may be found in the glossary. LEAs must also ensure that students have available to them the variety of education programs and services available to students without exceptionalities including the art, music, career exploration, and career technical education.

Section 1. Definition of a Free Appropriate Public Education (FAPE)

The definition of FAPE under the IDEA means special education and related services that:

1. are provided without charge at public expense;

2. are provided in conformity with an appropriate individualized education program (IEP) developed in compliance with the procedures outlined in this manual and reasonably calculated to enable the student to receive educational benefit to make progress appropriate in light of the student’s circumstances;

3. are provided under public supervision and direction; and 4. include an appropriate preschool, elementary, and secondary education that meets the education standards, regulations, and administrative policies and procedures issued by the WVBE, including the requirements of IDEA.

Section 2. FAPE Considerations A. LEA Obligation The LEA is required to ensure that FAPE is available to students residing in the LEA who are eligible for special education services, including students with disabilities who have been suspended or expelled from school as provided for in Chapter 7. This includes students who reside in group, personal care, or foster homes, as well as state-operated facilities, and students who are migratory or homeless.

The LEA is obligated to make FAPE available to each eligible student in the LEA as follows: students who are at least three years old and are eligible for special education services unless the parent/adult student has refused special education services;

2. students who have not yet turned 21 years of age prior to July 1 and have not graduated with a regular high school diploma. As specified in W. Va. Code §18-20-1, et seq. students with disabilities whose IEPs provide for an alternate diploma must be allowed to participate in graduation ceremonies with the student’s same grade classmates when requested by the parent/adult student in writing and must be allowed to continue to receive services until 21 years of age, or until the requirements for a regular diploma are met, whichever occurs first;

3. students with disabilities whose suspension(s) or expulsion(s) results in a change of placement; or 4. students determined in need of special education and related services, even though the student has not failed or been retained in a course or grade and is advancing grade-to-grade.

Special education programs and services may be provided by any one or more of the following:

1. a single LEA;

2. two or more LEAs cooperatively; and/or 3. contract(s) for services from other public or private agencies or individuals.

If placement in a public or private residential program is necessary, the program must be at no cost to the parent/adult student.

The LEA’s requirement to provide special education services does not relieve an insurer or similar third party from a valid obligation to provide or pay for services for an eligible student. In cases where the payment source for services is being determined, the LEA must ensure there is no delay in implementing the student’s IEP consistent with Chapter 5.

Students with exceptionalities will be provided an instructional day, a school day, and school calendar at least equivalent to that established for students without exceptionalities of the same chronological age in the same setting.

B. Applicability to Detained Youth Eligible students with disabilities who are in state correctional facilities are afforded special education and related services that are in accordance with applicable state and federal laws and regulations. This includes students who had received services in accordance with an IEP, but who had left school prior to the student’s incarceration, as well as students who did not have an IEP in the student’s last educational setting, but who had been identified as a student with a disability for Part B services.

C. Using Private and Public Insurance Funds to Provide FAPE Private Insurance Funds If a student is covered by a parent’s private insurance, the LEA may access this insurance only if the parent provides informed consent. Each time the LEA proposes to access the private insurance, the LEA must obtain written parental consent and inform the parent that the parent’s refusal to permit the LEA to access the private insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost.

Public Insurance Funds The financial responsibility of public agencies, including Medicaid and other public insurers obligated under federal or state law or assigned responsibility under state policy, must precede financial responsibility of the LEA. However, if the public agency other than the educational agency fails to provide or pay for special education or related services, the LEA responsible for developing the student’s IEP must provide or pay for these services to the student in a timely manner. Students with disabilities who are covered by public benefits or insurance may not be disqualified from an eligible service for Medicaid reimbursement because that service is provided in a school context.

The public agency is required to provide written notification to the child’s parents prior to accessing a child’s public benefits or insurance for the first time and annually thereafter. The notice must inform the child’s parents of the following: prior written parental consent will be requested to release personal information from a child’s education records or information about the services that may be provided for the purpose of billing Medicaid or another specific agency for IEP services. the consent form will state the student’s personal education records and information that will be disclosed, the purpose of the disclosure (e.g., Medicaid billing), and the agency to which the records will be released. By consenting, parents will state they understand and agree that the parent’s or the child’s public benefits or insurance will be accessed to reimburse the cost of services. parents cannot be required to sign up for or enroll in public benefits or insurance programs for the parent’s child to receive a FAPE, that is, IEP services. parents are not required to pay out-of-pocket expenses such as a deductible or co-pay amount resulting from filing a claim but may pay the cost that otherwise would be paid by parents.

e. parents must be informed that the parent’s public insurance (e.g., Medicaid) will not be billed if it would:

1. result in a decrease in lifetime benefits;

2. result in the child’s parents paying for services that would otherwise be covered and that are needed for the child outside of the time the child is in school;

3. result in an increase in premiums or discontinuation of public benefits or insurance; or 4) risk loss of eligibility for home and community-based waivers based on the total (aggregated) health-related expenditures for the child or the child’s parents.

To access a student’s public insurance (e.g., Medicaid reimbursement), the LEA must obtain and maintain documentation of parent/adult student annual prior consent specifying: the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to the child/adult student); the purpose of the disclosure of educational records; the agency to which the disclosure may be made (e.g., Medicaid); and specifies that the parent understands and agrees that the public agency may access the parent’s or the child’s public benefits or insurance to pay for services.

3. If a child moves to a new public agency, the new public agency must obtain a new annual prior consent consistent with the services the new public agency is providing to the child.

4. At any time a parent withdraws consent to disclose the child’s personal information for billing purposes, the withdrawal must be submitted in writing, and the public agency may no longer bill the child’s public insurance.

If unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the parents would incur a cost for a service specified on the child’s IEP, the LEA may use IDEA, Part B funds to pay for services to ensure a FAPE. To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parent would incur a cost, the LEA may use its Part B funds to pay the cost the parents otherwise would have to pay to use the parents’ benefits or insurance (e.g., the deductible or co-pay amounts).

Proceeds from public or private insurance will not be treated as program income for purposes of 34 CFR §80.25. If an LEA spends reimbursements from federal funds (e.g., Medicaid) for services under this part, those funds will not be considered state or local funds for the purpose of the maintenance of effort provisions of Part B of IDEA.

D. Extended School Year The LEA must ensure that extended school year (ESY) services are available as necessary to provide a FAPE as determined by the IEP Team for all students with disabilities including children aged three through five.

E. Nonacademic Services The LEA must ensure that students with disabilities are afforded an equal opportunity to participate in nonacademic and extracurricular services and activities by providing the supplementary aids and services determined appropriate and necessary by the student’s IEP Team.

In addition, physical education services, specially designed if necessary, must be made available to every student receiving FAPE in accordance with West Virginia Board of Education (WVBE) policies.

Section 3. Exceptions to FAPE The obligation to provide FAPE does not apply to:

1. students ages 18 through 21 who, in the last educational placement prior to the student’s incarceration in an adult correctional facility, were not actually identified as being a student with a disability and did not have an IEP. This exception does not apply to a student who had been identified as a student with a disability and had received services in accordance with an IEP but left school prior to incarceration or did not have an IEP in the student’s last educational setting but who had actually been identified as a student with a disability;

2. students who have graduated high school with a regular high school diploma;

3. students removed from school for disciplinary reasons for less than 11 cumulative school days in a school year; or 4. students who are home schooled.

A high school diploma is awarded to students who meet graduation requirements aligned with the Policy 2520 series (W. Va. 126CSR44AA through 126CSR44U), West Virginia College- and Career-Readiness Standards, or W. Va. 126CSR44P, Policy 2520.16, West Virginia Alternate Academic Achievement Standards, unless the student pursues an alternate means to earn high school credit through Option Pathway and receives a high school diploma in accordance with W. Va. 126CSR32, Policy 2444.4, Issuance of the State of West Virginia High School Equivalency Diploma and Option Pathway.

Chapter 2 CHILD FIND The Child Find system involves three basic steps leading to the determination of whether a student requires special education. The steps are location, identification, and evaluation. This chapter describes location and identification activities. The evaluation step is covered in Chapter 3. There are no exemptions from Child Find responsibilities during national emergencies or health crises.

Section 1. LEA Responsibility The LEA is responsible for establishing and implementing an ongoing Child Find system to locate, identify, and evaluate students with disabilities residing in the LEA, between the ages of three and 21, inclusive, regardless of the severity of the disability, gifted students from first through eighth grades, and exceptional gifted students in grades nine through 12 who may need special education. The LEA is also responsible for coordinating with the West Virginia Department of Health and Human Resources (WVDHHR) regarding the Child Find system for children ages birth to three years.

The Child Find system must include all students suspected of needing special education and related services within the LEA’s geographic boundaries who are:

1. enrolled in one of the LEA’s public schools;

2. home schooled;

3. enrolled in private schools, including religious schools, located in the LEA;

4. not enrolled in school, including children ages birth through five;

5. highly mobile students including migrant students;

6. homeless students;

7. wards of the state; or 8. suspected of having a disability as defined in Chapter 4 even though the student has not failed or been retained in a course or grade and is advancing from grade-to-grade.

Note: Charter public schools, acting as their own LEA, are responsible for Child Find within their own schools.

Section 2. Locating Students Locating students who may need special education services involves coordinating with other agencies and promoting public awareness.

A. Coordination The WVDHHR’s WV Birth to Three is responsible for the Child Find system for infants and toddlers, birth to three years of age. Although lead agency responsibility for WV Birth to Three has been designated to the WVDHHR, state and local interagency agreements provide for collaboration and coordination of services. The LEA should develop local interagency agreements and procedures to maximize resources and services for students and families and ensure a smooth and effective transition to the LEA prior to the student’s third birthday.

B. Public Awareness Annually, the LEA must take the necessary ongoing steps to ensure that parents, LEA staff, private school representatives, and the public are informed of the following:

1. the characteristics of students with exceptionalities;

2. the availability of special education and related services;

3. a student’s right to a FAPE;

4. confidentiality protections; and 5. the referral process, including the person to contact for initiating a referral.

This information may be provided through a variety of methods such as distributing brochures or flyers, including providing information in school or LEA publications, disseminating articles and announcements to newspapers, and/or arranging for radio and television messages and presentations.

Section 3. Referrals Referral Sources A parent, teacher, or any other interested person or agency may refer a student who is suspected of needing special education and related services. Referrals received from an outside source are forwarded to the student assistance team (SAT) at the student’s school for consideration. The LEA must receive and process these written referrals in accordance with the SAT process described in Section 3.D. for school‑aged students. A member of the SAT must provide written assistance to parents who may need additional help to complete the request in writing. For preschool age children or home-schooled students, the referral is received and processed directly by the special education director or designee.

Each LEA must locate, identify, and evaluate all students suspected of needing special education services who are enrolled by the student’s parents in private, including religious, elementary and secondary schools located within the LEA in accordance with Chapter 8. Referrals for private school students are received and processed directly by the special education director or designee. Charter public schools are responsible for this location, identification, and evaluation process for students enrolled in their schools.

B. The Screening Process As specified in W. Va. Code §18-5-17, developmental screening is the general education process conducted to determine whether there are problems or potential problems in the areas of vision, hearing, speech, and language. Screening must be conducted annually for:

1. all students entering kindergarten or preschool who have not passed a relevant screening previously; and 2. all students entering West Virginia public and private schools for the first time.

Additionally, LEAs must conduct developmental screening for children under compulsory school attendance age upon the request of a parent of a child residing in the LEA or attending a private school within the LEA. This developmental screening must be conducted within 30 school days of the written request. The LEA is not required to provide such screening to the same child more than once in any one school year. Children identified through the screening process should be referred for further evaluation.

At least 10 calendar days prior to initiation of screening activities, LEAs must provide public notice of the screening program. Information released through media sources should include the purpose, types, and dates of screenings and the means for the parent to request the child not participate.

C. Student Assistance Team (SAT) Membership and Responsibilities Each public school must establish an SAT that consists of at least three persons, including a school administrator or designee, who must serve as the chairperson, a current teacher(s), and other appropriate professional staff.

The SAT is required to:

1. receive annual training in referral procedures for multidisciplinary evaluations, multi-tiered system of support (MTSS), alternative education placements, disciplinary procedures, and other school processes as appropriate for ensuring student progress and maintenance of a safe school environment;

2. collect and maintain data on the activities of the team, including dates of meetings and the results of its recommendations;

3. conduct the problem-solving process that includes designing and monitoring implementation of interventions and/or reviewing interventions designed by other school teams;

4. review at least once per grading period individual students’ needs that have persisted despite being addressed through academic, social-emotional, and/or behavioral interventions;

5. when appropriate, solicit parent input to develop recommendations regarding the child’s education;

6. receive and process written referrals from outside sources suspecting a student may need special education, including referrals and requests for initial evaluations made by parents; and 7. initiate initial evaluation for special education and related services for students, when warranted based on the outcome of interventions.

D. Procedures for Written Referrals for Special Education Evaluation As noted previously, the SAT may receive referrals for a variety of purposes. When the referral specifically is a written referral for special education multidisciplinary evaluation, or a written parental request for initial evaluation, the following procedures are required.

1. Within five school days of receipt of a written SAT referral for a multidisciplinary evaluation, appropriate persons must be notified of the date, time, location, and specific information needed for the meeting.

2. Within 10 school days of receipt of the written SAT referral, the SAT must conduct a review of the area(s) of concern, collect and analyze available educational data, including previous interventions, and make a determination regarding further action.

a. The SAT has the following three options:

1. conduct the SAT problem-solving process:

i) initiate, continue, or modify interventions within a timeline established for the student by the SAT;

ii) review the effectiveness of the SAT’s recommendations within the timeline established for the student, but in no case may the review take place beyond 45 school days;

iii) ensure problem-solving activities of the SAT are not used to delay processing a request for initial evaluation where immediate action is warranted; and iv) conclude the problem-solving process when appropriate based on student outcome data by either closing the case, or referring the student for further evaluation, if warranted; or 2) request an initial evaluation, in cases where warranted, for example, a sensory impairment or other significant disability requiring immediate attention or when presented evidence and documentation of previous interventions sufficient to make a decision; or 3) when a written request for initial evaluation has been initiated by the parent, determine whether the evaluation will be conducted, and provide prior written notice (PWN) of the decision and a copy of the procedural safeguards to the parent.

3. The SAT must invite parents to review recommendations made by the SAT regarding the student’s education and to provide feedback to the team about those recommendations.

4. Within five days of the SAT decision to request an initial multidisciplinary evaluation, or to conduct an evaluation requested by the parent, PWN and a copy of the procedural safeguards are provided to the parent, and informed parental consent is requested for conducting the evaluation. The request for parent consent is completed by the multidisciplinary evaluation team (MDET) at the direction of the special education director or designee. The SAT may serve as the MDET to determine the evaluations to be requested, provided it has the required membership for MDET.

5. The principal, classroom teacher, or other designated individual is responsible for documenting the date written parental consent for initial evaluation is received and immediately forwarding this request to the special education director or designee.

6. Within five days of an SAT decision to refuse a written parental request for initial evaluation, PWN and a copy of the procedural safeguards are provided to the parent.

Refer to Chapter 3, Section 3, and Chapter 10, Section 3, for a definition of PWN and the required content of the notice.

Chapter 3 EVALUATION/REEVALUATION Several phases are involved in establishing student eligibility for special education. Chapter 2 discussed procedures to locate and identify students with suspected exceptionalities. This chapter outlines the requirements for evaluations/reevaluations and assessments.

Section 1. Evaluation Team The evaluation team is a group of people with the responsibility to make decisions regarding evaluation and assessments. This team includes the same membership as the IEP Team (although not necessarily the same individuals) and other qualified professionals as appropriate. The parent/adult student is a member of the evaluation team and must be provided an opportunity to provide input and participate in making team decisions including what additional data, if any, are needed to fulfill the purposes of an initial evaluation/reevaluation. The evaluation team may conduct its business with or without holding a meeting. However, if requested by the parent/adult student, a team meeting will be held. The SAT (Chapter 2, Section 3.D.) is one forum or option for addressing the decisions to be reached by the evaluation team.

Section 2. Planning, Conducting, and Timelines for a Multidisciplinary Evaluation Evaluation means procedures used in accordance with the protection in evaluation requirements of IDEA and W. Va. Code §18-20-1, et seq. to determine whether a student has a disability or is gifted, and the nature and extent of the special education and related services the student needs. Evaluation includes procedures used selectively with an individual student and does not include basic tests administered to or procedures used with all students in a school, grade, or class. Screening of a student by a teacher or specialist to determine the appropriate instructional strategies for curriculum implementation (e.g., universal benchmark assessments, continuous progress monitoring) is not considered to be an evaluation for eligibility for special education and related services and does not require parental consent. However, the evaluation team may consider the results of such screenings to assist in determining areas to evaluate.

A. Initial Evaluation The principal, classroom teacher, or other designated individual is responsible for documenting the date written parental consent for initial evaluation is received and immediately forwarding this request to the special education director or designee. Within 80 calendar days of the documented date, the LEA must conduct a full, individual initial evaluation and convene an eligibility committee (EC) to determine the student’s eligibility for special education before providing special education and related services to a student with an exceptionality. The purpose of an initial evaluation is to gather information to determine:

1. whether the student has a disability or is gifted;

2. the educational needs of the student, including present levels of academic achievement and related developmental needs of the student;

3. the effects of the exceptionality on educational and functional performance;

4. if the student needs specially designed instruction; and 5. the nature and extent of the special education needed by the student.

The 80-day timeline does not apply to an LEA if:

1. the parent repeatedly fails or refuses to produce the student for evaluation [34 CFR §300.301(d)].

2. the student changes LEA of enrollment during evaluation process [34 CFR §300.301(d)]. The exception only applies if the subsequent LEA is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent LEA agree to a specific time when the evaluation will be completed [34 CFR §300.301(e)]. Written documentation of the agreed upon timeline between parent and LEA is to be developed.

3. LEAs are closed due to circumstances resulting in a state of emergency determined by the Governor of West Virginia. The timeline will be extended directly proportional to the duration of the state of emergency.

4. LEAs are closed due to weather conditions determined by the county superintendent, and no remote options are required. The timeline will be extended directly proportional to the duration of the weather conditions. Days missed must be clearly documented in the student’s file to accurately record the interruption. If an LEA is closed due to weather conditions with remote learning options, this timeline is not extended.

5. summer break.

As part of an initial evaluation, if appropriate, the evaluation team will review existing evaluation data on the student including:

1. evaluations and information provided by the parent/adult student;

2. data regarding the student’s response to evidence-based and/or research-based interventions using:

a. current classroom-based assessments and classroom-based observations;

b. observations by teachers and related service providers;

c. results from statewide and LEA-wide testing; and/or 3. current evaluations received or on file in the LEA that are less than three years old for a student who was formerly entitled to special education services, exited public school due to home schooling, and is re-enrolling in the LEA. In this case, a review of existing evaluation data should expedite the eligibility determination.

Based on that review, and input from the parent/adult student, the evaluation team will decide what additional data, if any, are needed to fulfill the purposes of an initial evaluation. If the evaluation team determines that no additional data are needed, the LEA must notify the parent/adult student of that determination and the reasons for the determination and the right of the parent/adult student to request an assessment.

B. Reevaluation Within three years of the date of the last determination of eligibility, or more frequently if the parent or teacher requests or conditions warrant (e.g., if the LEA determines that the educational or related services needs, including improved academic achievement and functional performance, warrant a reevaluation), the LEA must conduct, as appropriate, an individual multidisciplinary reevaluation. The purpose of this reevaluation is to determine a student’s educational needs and continued eligibility for special education and related services and whether any additions or modifications to the student’s special education and related services are needed to enable the student to meet the student’s measurable annual IEP goals and to participate, to the extent appropriate, in the general education curriculum. As part of the reevaluation, the IEP Team, and other qualified professionals, as appropriate, must review existing evaluation data on the student, including:

1. the current IEP and the student’s progress toward meeting the annual goals;

2. evaluations and information provided by the parent of the student;

3. current classroom-based, local, or state assessments and classroom-based observations; and 4. observations by teachers and related service providers.

This multidisciplinary evaluation team (MDET) may conduct its review with or without holding a meeting but must document its decisions on the Reevaluation Determination form.

If the MDET determines that additional evaluations are needed, the MDET will obtain consent as described in Section 3.B, Consent Requirements. This evaluation must be conducted prior to the established triennial review date. For students with giftedness, a reevaluation must be conducted during the eighth-grade year to determine eligibility for exceptional gifted.

If the MDET determines that no additional assessments are needed to determine the educational needs of the student and whether the student continues to need special education services, the LEA must provide PWN to the parent/adult student of that determination and the reasons for the determination and of the right to request an assessment for this purpose. If the student’s parent, teacher, or the adult student requests a reevaluation, this evaluation must be conducted prior to the established triennial review date.

The LEA must also reevaluate a student with a disability before determining that the student is no longer eligible for special education, unless:

1. the student has graduated with a regular or alternate high school diploma; or 2. the student has reached the age of 21.

PWN must be provided to the parent/adult student if the student is exiting special education due to graduation with a high school diploma. For a student whose eligibility terminates under circumstances described above, the LEA must provide the child with a summary of the child’s academic achievement and functional performance, including recommendations on how to assist the student in meeting the student’s postsecondary goals (see Chapter 5, Section 2.F., on transition and summary of performance).

While reevaluation procedures must be provided at no cost to the parent/adult student, reevaluations may not occur more than once a year without LEA and parent agreement.

C. Additional Evaluations Requested by an Eligibility Committee (EC) or IEP Team Additional evaluations requested by the EC or IEP Team must be completed and an EC or IEP Team meeting held within 60 days from receipt of parental consent for the identified evaluations. Request for parental consent for additional evaluations must be sent within five school days of the EC or IEP Team meeting generating the request for evaluation. The 60-day timeline will be extended for an LEA over summer break. The timeline will stop on the last day of instruction for the school year and resume on the first instructional day the following school year.

If the EC or IEP team determines that a comprehensive multidisciplinary evaluation is required to determine whether a student meets the criteria for a different exceptionality, the LEA must conduct the evaluation within 80 days of the documented date of receipt of parental consent.

In those instances when an additional evaluation to be completed by an outside agency has not been completed within 60 days, the LEA is required to document its reasonable efforts to obtain the additional evaluation within 60 days. An LEA that has documented reasonable efforts to obtain the evaluation within 60 days is not considered to be in violation of the 60-day timeline.

D. Parental Request for Additional Evaluation Upon receipt of a written parental request for an additional evaluation, the IEP Team considers the request, with or without holding a meeting, and within five days of receipt provides PWN of its response. If the evaluation is conducted, the 60-day timeline applies. If the parent/adult student requests an additional assessment for reasons other than the determination of educational needs or eligibility, such as admission to college, the LEA is not obligated to conduct the evaluation but must consider the request and provide PWN of the LEA’s response to the request.

Section 3. Written Notice and Consent for Evaluation A. Written Notice Requirements Within five days of the LEA’s decision to evaluate or reevaluate, written notice requesting consent for evaluation or reevaluation must be provided to the parent/adult student. Written notice must be in language understandable to the general public. It must be provided in the native language or other mode of communication normally used by the parent/adult student unless it is clearly not feasible to do so. If the native language or other mode of communication is not a written language, the LEA must take steps to ensure the parent/adult student understands the content of the notice. Any non-written notice should be documented with written evidence that the requirements of this section have been met.

The written notice must include the following PWN requirements:

1. a description of the evaluation or reevaluation proposed or refused by the LEA;

2. an explanation of why the LEA proposes to evaluate or reevaluate the student;

3. a description of other options the LEA considered and the reasons why those options were rejected;

4. a description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused evaluation or reevaluation;

5. a description of any other factors relevant to the evaluation or reevaluation;

6. a statement that the parent/adult student has protection under the procedural safeguards, and a description of how to obtain a copy of the Procedural Safeguards Notice; and 7. sources to contact to obtain assistance in understanding the Procedural Safeguards Notice.

In addition to PWN, the Notice of Individual Evaluation/Reevaluation Request form is provided. The date of receipt by the school/LEA of the signed parental consent form must be documented in the student’s individual West Virginia Education Information System (WVEIS) student record under Student Special Education Information, Student Special Education Referral/Reevaluation Detail.

B. Consent Requirements 1. Definition of Consent: Consent means that the parent/adult student:

a. has been fully informed in the parent/adult student’s native language or other mode of communication of all information relevant to the evaluation for which consent is sought;

b. understands and agrees in writing (as indicated by signature) to the carrying out of the activity;

c. has been given enough information to make informed decisions about the LEA’s request to conduct an evaluation. Information must be provided on the various types of assessments for which consent is sought; and d. understands that the granting of consent is voluntary on the part of the parent/adult student and may be revoked at any time.

If consent is revoked, the revocation is not retroactive, i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked. Consent for evaluation must not be construed as consent for the initial provision of special education and related services.

2. Consent for Evaluation/Reevaluation a. Written consent must be sought from the parent/adult student for evaluation and reevaluation. Based on recommendations from the evaluation team, the LEA will seek consent to administer the needed assessments within five days of the decision to evaluate/reevaluate. If the parent/adult student fails to respond within 10 school days of the initial request for consent, the LEA must mail or hand-deliver a second notice. If the parent/adult student once again fails to respond, the LEA must document reasonable measures taken to obtain consent, which may include:

1. a record of telephone calls made or attempted and the results of those calls;

2. copies of correspondence sent to the parent/adult student and any response received; and/or 3) detailed records of visits made to the parent’s/adult student’s home or place of employment and the results of those visits.

If the parent/adult student fails to respond after the LEA has taken reasonable measures to obtain consent for assessments and after the passage of 30 school days from the initial request for consent, the LEA may:

1. as part of a reevaluation, provide PWN that the LEA will conduct the reevaluation; or 2) as part of an initial evaluation, pursue the evaluation by using mediation or filing a due process complaint.

If the parent/adult student refuses consent, the LEA may use mediation or due process hearing procedures if the student is enrolled in or seeking enrollment in a public school. However, the LEA cannot pursue the evaluation if the student is in a private parental placement or is home schooled.

C. When Written Notice and Consent Are Not Required Neither written notice nor consent is required for:

1. the review of existing data as part of an evaluation or reevaluation;

2. the administration of a test or other assessment that is administered to all students unless consent is required of the parents of all the students;

3. screening, including monitoring of progress by a teacher or specialist, to determine the appropriate instructional strategies for curriculum implementation; and 4. initial evaluations, when the student is a ward of the state and is not residing with the student’s parent, if:

a. despite reasonable efforts, the LEA cannot discover the whereabouts of the parents;

b. the rights of the parents have been terminated under state law; or c. the rights of the parents to make educational decisions have been subrogated by a judge in accordance with state law and consent has been provided for the initial evaluation by an individual appointed by the judge to represent the child.

D. Information from Other Agencies or LEAs W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance, and Disclosure of Student Information (Policy 4350), and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) do not require the consent of the parent/adult student for the LEA to:

1. request information from other public school LEAs that the student has attended; or 2. send information to other public school LEAs, including schools maintained by the West Virginia Schools of Diversion and Transition or the West Virginia Schools for the Deaf and the Blind, in which the student enrolls or intends to enroll.

Parental consent is required prior to the sharing of information between the LEA of residence and the LEA where a private school is located if a student has been parentally-placed in the private school.

Before the LEA seeks to obtain relevant information about a student from other agencies, consent must be obtained from the parents. A copy of the signed consent form for release of information must be included with the letter(s) requesting the information. A copy of the signed consent form for release of information must be maintained in the student’s confidential file.

Section 4. Evaluation Procedures A. Areas to Evaluate For an initial evaluation, the student must be evaluated in all areas related to the suspected exceptionality including, if appropriate, health, vision, hearing, social and emotional status, adaptive skills, behavioral performance, general intelligence, academic performance, communicative status, motor abilities, assistive technology services and/or devices, post-secondary interests/preferences, and vocational aptitudes. The evaluation must be sufficiently comprehensive to identify all of the student’s special education and related service needs, whether or not commonly linked to the suspected exceptionality.

For a child who is deaf or hard of hearing, a comprehensive language assessment in the child’s language and communication mode must be included in the comprehensive evaluation.

B. Evaluation Procedures and Instruments The LEA must ensure, at a minimum, that the evaluation or reevaluation meets the following requirements.

1. A variety of assessment tools and strategies must be used to gather relevant, functional, developmental, and academic information about the student, including information provided by the parent/adult student. This information must be used to determine:

a. whether the student is a student with an exceptionality; and b. the content of the student’s IEP, including information related to enabling the student to be involved in and progress in the general education curriculum (or, for a preschooler, to participate in appropriate activities), should the student be determined to require special education and related services.

2. No single measure or evaluation may be used as the sole criterion for determining whether a student is a student with an exceptionality and for determining an appropriate educational program for the student.

3. The LEA must use technically sound instruments to assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

4. Assessments and other evaluation materials must be:

a. selected and administered so as not to be discriminatory on a racial or cultural basis;

b. provided and administered in the student’s native language and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally unless it is not feasible to do so. Attempts to provide a qualified examiner in the student’s native language or mode of communication must be documented;

c. used for purposes for which they are valid and reliable; and d. administered in accordance with any instructions provided by the producer of the assessments.

5. Tests and other assessment materials must include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

6. Tests must be selected and administered to best ensure that the results of tests administered to a student with impaired sensory, manual, or speaking skills, accurately reflect the student’s aptitude or achievement level or other factors the test purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills (unless those are the factors that the test purports to measure). This includes the provision of accommodations, such as assistive technology, braille, and interpreters.

7. Assessments of students with exceptionalities who transfer from one LEA to another LEA in the same academic year are coordinated with the student’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

8. The LEA must provide and use assessment tools and strategies that produce relevant information that directly assists in determining the educational needs of the student.

9. All services and assessments must be provided at no expense to the parent/adult student.

10. For a child who is deaf or hard of hearing, a comprehensive language assessment in the child’s language and communication mode must be included in the comprehensive evaluation.

C. Qualifications and Responsibilities of Evaluators Individuals conducting evaluations must be:

1. appropriately certified, licensed, or otherwise qualified to administer the evaluations for which they are responsible;

2. trained in the use of the specific evaluation instruments or techniques for which they are responsible;

3. knowledgeable in the area of concern; and 4. knowledgeable in the applicable state and federal regulations.

Each evaluator, including classroom teachers, must write, sign, and date an individual evaluation report. Prior to the reevaluation date, or within 80 days of initial consent for evaluation, each evaluator must make the written report available to the EC and parent/adult student.

Chapter 4 ELIGIBILITY Several phases are involved in establishing student eligibility for special education. Chapter 3 discussed the requirements for evaluations and assessments. This chapter will outline eligibility requirements, definitions, and eligibility criteria.

Section 1. Eligibility Determination Within 80 days of receipt of consent for an initial evaluation or after the completion of a reevaluation and prior to the established reevaluation date, the LEA must convene an Eligibility Committee (EC) meeting to determine whether a student is or continues to be a student in need of special education services. EC members should be selected in consideration of the presented evaluation information and must consist of the parent and/or adult student and qualified professionals as follows:

1. LEA administrator of special education, principal, or designee;

2. members of the multidisciplinary evaluation team;

3. general and/or special educator;

4. additional individuals with specific expertise related to the student and the area(s) of concern;

5. for initial eligibility determination, the referring teacher; and 6. for students suspected of having a specific learning disability (SLD), the student’s general education teacher and at least one person qualified to conduct individual diagnostic examinations of students such as a school psychologist, speech-language pathologist (SLP), or reading specialist.

The LEA must provide written notice to the parent and/or adult student and other EC members of the meeting time, date, place, purpose and invited members no less than eight days prior to the scheduled meeting date. If the parent is unable to attend, the LEA must offer other methods to ensure participation such as videoconferences and conference calls.

The EC will draw upon information from a variety of sources, including, as appropriate, but not limited to, formative assessments, aptitude and achievement tests, parent/adult student input, teacher observations, health, social or cultural background, adaptive behavior, and functional assessments. The EC must ensure that information obtained from all these sources is documented and carefully considered. The EC will consider these evaluation or reevaluation findings and determine whether the student meets or continues to meet eligibility criteria.

Results of the multidisciplinary evaluation must be utilized by the EC as the primary source of information to determine the student’s educational needs and whether the student meets the following three prongs as described in Section 3. State Eligibility Criteria:

1. meets the eligibility criteria in one of the designated exceptionalities;

2. experiences an adverse effect on educational performance; and 3. needs special education.

A student cannot be identified as a student in need of special education services if the primary reason for such a decision is:

1. a lack of appropriate instruction in English language arts (ELA) College- and Career-Readiness Standards (CCRS), including the essential components of Reading Foundations-Fluency, Phonics and Word Recognition, Phonological Awareness and Print Concepts;

2. a lack of appropriate instruction in mathematics; or 3. limited English proficiency.

Using the results of the multidisciplinary evaluation, the EC must determine the primary exceptionality when the student meets the criteria for more than one exceptionality. The committee must discuss how each exceptionality affects the student’s educational and functional performance and determine and document which has the most adverse impact on the student’s participation and progress in the general curriculum.

If consensus upon the primary exceptionality cannot be reached, the LEA administrator or designee must make the decision and provide the parent/adult student with PWN of the decision.

Section 2. Eligibility Report Upon completing the review of the student’s multidisciplinary evaluation or reevaluation, the EC must prepare an EC Report and provide a copy of the report to the parent/adult student. The parent/adult student and other EC participants must have all the information they need to participate meaningfully in the EC meeting. Copies of the evaluation reports and documentation of eligibility determination must be provided at no cost to the parent/adult student.

Eligibility Committee (EC) Report for Evaluation/Reevaluation The EC Report includes:

1. signatures with dates and positions of all EC members;

2. all data on the student as required in the State Eligibility Criteria for the area of suspected exceptionality (see Section 3 of this chapter);

3. the specific exceptionality determined for state and federal reporting purposes;

4. information about how the exceptionality affects the student’s educational performance;

5. the committee’s decision regarding whether the student needs special education services;

6. recommendations for those students deemed ineligible for special education to be considered by the SAT or the instruction and intervention team; and 7. the date of the eligibility determination.

The EC is required to write an EC Report detailing how the student meets eligibility requirements even if no new assessments were conducted. The report must address each required eligibility component and include results of previous assessments if they are being used to determine eligibility.

For students suspected of having a specific learning disability (SLD), the committee must also complete an SLD Team Report (see Section 3.L.). For students who are being evaluated for gifted or exceptional gifted, the EC Report is required to document compliance with reevaluation timelines.

If a student meets the criteria for blindness, low vision, deafness, hard of hearing, or deafblindness on the Eligibility Report, the parent/adult student must be provided information pertaining to the West Virginia Schools for the Deaf and the Blind so the parent/adult student is aware of the options available and may make an informed decision regarding educational services and programming for the student.

Section 3. State Eligibility Criteria The LEA must use the eligibility criteria and assessment procedures set forth by the WVDE when determining eligibility for special education. These criteria and assessment procedures are listed under items A through N in this section. Listed under each exceptionality definition are the eligibility criteria that must be used to determine whether an individual qualifies as a student with an exceptionality in need of special education. To demonstrate eligibility for special education services, a three-pronged test of eligibility must be met.

Three-Prong Test of Eligibility Requirements of the three-prong test of eligibility are:

1. Meets State Eligibility Requirements: The state eligibility requirements for specific exceptionalities are listed in this chapter.

2. Experiences Adverse Effect on Educational Performance: The term adverse effect on educational performance is broad in scope. An adverse effect is a harmful or unfavorable influence of the disability on the student’s performance. Educational performance includes both academic areas (reading, mathematics, communication, etc.) and nonacademic areas (daily life activities, mobility, pre-vocational and vocational skills, social adaptation, self-help skills, etc.). Consideration of all facets of the student’s condition that adversely affect educational performance involves determining any harmful or unfavorable influences that the disability has on the student’s academic or daily life activities. Adverse effect is not solely measured by scores on individual testing but may also be determined through consideration of other data such as classroom performance and retention history. For students who are gifted, the EC is not required to document an adverse effect; rather, the impact of giftedness on the student’s educational performance must be documented.

3. Needs Special Education: Special education is specially designed instruction, at no cost to the parents, to meet the unique needs of the student with an exceptionality. Specially designed instruction means the content, methodology, or delivery of instruction is adapted, as appropriate, to address the unique needs of the student that result from the student’s exceptionality and to ensure access of the student to the general curriculum so that the student can meet the educational standards that apply to all students.

A student is not eligible for special education unless all three of the above components are satisfied and documented. A student who only needs a related service and not special education is not eligible.

Use of Reevaluation Data in Determining Continuing Eligibility LEAs must carefully consider the reevaluation of students initially found eligible for special education. LEAs must consider the effect of exiting a student from special education who has received special education for many years and how the removal of such supports will affect the student’s educational progress, particularly for a student who is in the final year(s) of high school.

Definitions and Eligibility Criteria A. Autism Definition: Autism, also referred to as Autism Spectrum Disorder (ASD), is a developmental disability, generally evident before age three, significantly affecting verbal and nonverbal communication and social interaction and adversely affecting educational performance. A student who manifests the characteristics of autism after age three could be diagnosed as having autism if the criteria in this section are satisfied. Other characteristics often associated with autism include, but are not limited to, engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

Eligibility Criteria for Autism An EC will determine that a student is eligible for special education services as a student with autism when all the following American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-5) criteria (1 through 5) are met.

1. Documentation will assure that the student meets all of a and at least two from b (below).

a. Persistent deficits in social communication and social interaction across multiple contexts, as manifested by the following, currently or by history:

1. deficits in social-emotional reciprocity, ranging, for example, from abnormal social approach and failure of normal back-and-forth conversation; to reduced sharing of interests, emotions, or affect; to failure to initiate or respond to social interactions;

2. deficits in nonverbal communicative behaviors used for social interaction, ranging, for example, from poorly integrated verbal and nonverbal communication; to abnormalities in eye contact and body language or deficits in understanding and use of gestures; to a total lack of facial expressions and nonverbal communication; and 3) deficits in developing, maintaining, and understanding relationships, ranging, for example, from difficulties adjusting behavior to suit various social contexts; to difficulties in sharing imaginative play or in making friends; to absence of interest in peers.

b. Restricted repetitive and stereotyped patterns of behavior, interests, and activities, as manifested by at least two of the following:

1. stereotyped or repetitive motor movements, use of objects, or speech (e.g., simple motor stereotypes, lining up toys or flipping objects, echolalia, idiosyncratic phrases);

2. insistence on sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior (e.g., extreme distress at small changes, difficulties with transitions, rigid thinking patterns, greeting rituals, need to take same route or eat same food every day);

3. highly restricted, fixated interests that are abnormal in intensity or focus (e.g., strong attachment to or preoccupation with unusual objects, excessively circumscribed or perseverative interest); and/or 4) hyper- or hypo-reactivity to sensory input or unusual interests in sensory aspects of the environment (e.g., apparent indifference to pain/temperature, adverse response to specific sounds or textures, excessive smelling or touching of objects, visual fascination with lights or movement).

c. Symptoms must be present in the early developmental period but may not become fully manifested until social demands exceed limited capacities or may be masked by learned strategies in later life.

d. Symptoms cause clinically significant impairment in social, occupational, or other important areas of current functioning.

e. These disturbances are not better explained by intellectual disability (intellectual developmental disorder) or global developmental delay. Intellectual disability and autism spectrum disorder frequently co-occur; to make comorbid diagnoses of autism spectrum disorder and intellectual disability, social communication should be below that expected for general developmental level.

2. The student is diagnosed as having autism by a psychiatrist, physician, advanced practice registered nurse (APRN), physician assistant (PA), licensed psychologist, or school psychologist.

3. The student’s condition adversely affects educational performance.

4. The student needs special education.

5. The student’s educational performance is not adversely affected primarily because the student has an emotional disturbance.

Note: Individuals with a well-established DSM-IV diagnosis of autism disorder, Asperger’s disorder, or pervasive developmental disorder not otherwise specified should be given the diagnosis of autism spectrum disorder. Individuals who have marked deficits in social communication, but whose symptoms do not otherwise meet criteria for autism spectrum disorder, should be evaluated for social communication disorder.

B. Blindness and Low Vision Definition: Blindness and low vision refers to an impairment in vision that, even with correction, adversely affects a student’s educational performance. Blindness and low vision includes both partial sight and blindness.

Eligibility Criteria for Blindness and Low Vision An EC will determine that a student is eligible for special education services as a student with blindness and low vision when any criteria of 1 and both criteria 2 and 3 are met.

1. Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness. The student has a documented visual impairment, as determined by an optometrist, ophthalmologist, or neurologist including, but not limited to, the following examples:

a. decreased visual acuity even with correction;

b. a visual field restriction;

c. a deteriorating eye condition which will result in loss of visual efficiency (e.g., glaucoma, retinitis pigmentosa, or macular degeneration);

d. a visual loss caused by a disturbance of the posterior visual pathway and/or cortex with the characteristic behaviors associated with cortical visual impairment; and/or e. a functional vision evaluation conducted by a certified teacher of the visually impaired determines the student:

1. has limited ability in visually accessing program-appropriate educational media and materials including but not limited to textbooks, photocopies, chalkboards, computers or environmental signs without modification;

2. has limited ability to visually access the full range of program-appropriate educational media and materials without accommodations including but not limited to changes in posture, body movement focal distance or squinting;

3. demonstrates variable visual ability due to environmental factors including but not limited to contrast, weather, color or movement, that cannot be controlled; or 4) experiences reduced or variable visual ability due to visual fatigue or factors common to the eye condition.

2. The student’s physical eye condition, even with correction, adversely affects educational performance.

3. The student needs special education.

C. Deafblindness Definition: Deafblindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that cannot be accommodated in special education programs designed solely for students with deafness or blindness or for students who are hard of hearing or partially sighted.

Eligibility Criteria for Deafblindness An EC will determine that a student is eligible for special education services as a student with deafblindness when all the following criteria are met.

1. The student is diagnosed by an optometrist, ophthalmologist, or neurologist for vision loss and by an otologist, otolaryngologist, or audiologist for hearing loss.

2. The student’s condition adversely affects educational performance.

3. The student needs special education.

Deafblindness should be the primary eligibility for a student who meets the above criteria. In addition, a student meeting the above criteria and who also has additional impairments contributing to the student’s severe educational needs may be determined eligible for deafblindness.

D. Deafness Definition: Deafness is a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, which adversely affects a student’s educational performance.

Eligibility Criteria for Deafness An EC will determine that a student is eligible for special education services as a student who is deaf when all the following criteria are met.

1. The student exhibits characteristics consistent with the definition and relies primarily on vision to access spoken communication.

2. The student has been diagnosed by an otologist, otolaryngologist, or audiologist as having a hearing loss.

3. The student’s condition adversely affects educational performance.

4. The student needs special education.

E. Developmental Delay Definition: Developmental delays occur in students, ages three through five, who are functioning at, or lower than, 75 percent of the normal rate of development, or who perform 1.5 standard deviations or more below the mean in consideration of 1.0 standard error of measurement on a standardized evaluation instrument, in two or more of the following areas:

1. cognition;

2. physical development including gross motor and/or fine motor skills;

3. communication;

4. social/emotional/affective development; and/or 5. self-help skills.

Effective July 1, 2023, the age range defined for developmental delay will be extended to include ages three through six.

Effective July 1, 2024, the age range defined for developmental delay will be extended to include ages three through seven.

Eligibility Criteria for Developmental Delay An EC will determine that a student is eligible for special education services as a student with developmental delay when all the following criteria are met.

1. The student exhibits characteristics consistent with the definition.

2. The student needs special education.

Special Considerations 1. Special education and related services for the eligible student with a developmental delay will be provided as of the student's third birthday when eligibility is determined prior to the third birthday.

2. Each LEA will participate in transition planning conferences arranged by the designated lead agency for Part C.

3. For a student transitioning from a Part C early intervention program, an interagency transition plan must be developed to assure that by the time a student turns three years of age an IEP has been developed and implemented by the LEA.

4. For a student who turns three years old in the spring/summer, the LEA is responsible for implementation of the IEP services for students as of the third birthday.

5. If appropriate, a student who turns three years old in the fall may begin Part B services under the LEA at the beginning of the school year preceding the third birthday.

6. If the developmental delay is the result of a vision and/or hearing loss, including deafblindness, eligibility must be determined under that exceptionality if the student meets the eligibility criteria, rather than under the developmental delay exceptionality.

7. At the end of the school year during which the student reaches age six (which will change to age seven beginning July 1, 2023, and will change to age eight beginning July 1, 2024), or in cases where the student reaches age six (which will change to age seven beginning July 1, 2023, and will change to age eight beginning July 1, 2024) during the following summer, the student no longer meets the eligibility criteria for developmental delay; therefore, the IEP Team must follow procedures for reevaluation and reconvene the EC prior to the start of the following school year during which the student would begin at age six (which will change to age seven beginning July 1, 2023, and will change to age eight beginning July 1, 2024) to determine if the student meets eligibility under another exceptionality or will no longer be eligible for special education services.

8. Initial eligibility under the category of developmental delay must be determined before the student’s sixth birthday.

9. Other disability categories should be considered if the EC can make a clear and conclusive determination under another category besides developmental delay.

10. As is the case for all students with disabilities, students served under developmental delay are entitled to benefit from intervention and supports provided through an MTSS framework in addition to special education and related services, particularly if eligibility under SLD may be considered in the future; tiered intervention, intervention documentation, and frequent progress monitoring are critical for the determination of SLD.

F. Emotional Disturbance Definition: An emotional disturbance means a condition in which a student exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance.

1. An inability to learn that cannot be explained by intellectual, sensory, or health factors;

2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

3. Inappropriate types of behavior or feelings under normal circumstances;

4. A general pervasive mood of unhappiness or depression;

5. A tendency to develop physical symptoms or fears associated with personal or school problems; or 6. Schizophrenia.

Emotional disturbance does not include students who are socially maladjusted unless it is determined they have an emotional disturbance.

Eligibility Criteria for Emotional Disturbance An EC will determine that a student is eligible for special education services as a student with an emotional disturbance when all the following criteria are met.

1. The student continues to exhibit an emotional disturbance consistent with the definition after targeted and intensive interventions have been implemented within a Multitiered System of Support (MTSS) framework.

2. The student has been observed exhibiting one or more of the characteristics listed in the definition of emotional disturbance and the characteristics have been observed and documented:

a. for a long period of time;

b. by more than one knowledgeable observer trained in data gathering;

c. in more than one setting; and d. at a level of frequency, duration, and/or intensity that is significantly different from the student’s peers in the same or similar circumstances.

3. The student’s condition adversely affects educational performance in academics, peer and/or teacher interaction, and/or participation in class/school activities.

4. The student exhibits behavior(s) that is not primarily the result of physical, sensory, or intellectual deficits.

5. The student needs special education.

G. Gifted Definition: Giftedness is exceptional intellectual abilities and potential for achievement that requires specially designed instruction and/or services beyond those normally provided in the general classroom instruction.

Eligibility Criteria for Gifted, Grades One through Eight:

An EC will determine that a student is eligible for special education services as a gifted student in grades one through eight when the following criteria are met.

1. General intellectual ability score at the 97th percentile rank or higher on a comprehensive test of intellectual ability in consideration of 1.0 standard error of measurement;

2. At least one of the four core curriculum areas of academic achievement at the 90th percentile rank or higher as measured by an individual standardized achievement test, or at least one of the four core curriculum areas of classroom performance demonstrating exceptional functioning as determined during the multidisciplinary evaluation; and 3. The need for specially designed, differentiated instruction, and/or services beyond those normally provided in the general classroom. Differentiated instruction for gifted students may include, but is not limited to, enrichment of the content emphasizing the development of higher-level thinking, including critical thinking, creative thinking, and problem-solving skills and/or acceleration of content while the student remains in the chronologically appropriate grade. Related services may include, but are not limited to, guidance and counseling, independent study, and distance learning.

Special Considerations:

1. Intellectual Ability: If the student’s general intellectual ability score is unduly affected by performance in one or more composite scores, the evaluator may use, for purposes of eligibility, an alternate general ability index or an individual composite measure as permitted in the test manual or other technical reports. The evaluator must include a statement in the report indicating which score is the better indicator of the student’s intellectual abilities and the supporting reasons for this determination.

2. Historically Under-represented Gifted Population: Historically Under-represented Gifted Populations are those students whose giftedness may not be apparent due to low socioeconomic status, a disability in accordance with this policy, or a background that is linguistically or culturally different. If it is determined that the eligibility criteria and/or assessment instruments discriminate against a student because the student belongs to a historically under-represented gifted population, eligibility for gifted services must be based upon criteria that complement the definition and eligibility for gifted as described in this policy. To determine whether a student demonstrates the potential for intellectual giftedness when the student does not meet the eligibility criteria as described in this policy, the EC must consider all data gathered by the multidisciplinary evaluation team. These data include, but are not limited to, individual achievement, group achievement, classroom performance, teacher input, inventories, scales, checklists, student product(s), and parent information. Procedures that the EC may use in determining eligibility of a student who belongs to historically under‑represented populations include, but are not limited to:

a. using an alternative assessment to identify giftedness;

b. using a matrix to get a total picture; and/or c. using parent, student, and teacher rating scales to give added information.

3. There are students who may have exceptional intellectual ability and be disabled. If a student meets the eligibility criteria for both gifted or exceptional gifted and a disability, the disability must be the primary exceptionality.

Eligibility Criteria for Exceptional Gifted, Grades Nine through 12 Before the end of the eighth-grade year, the IEP Team will:

1. Conduct a reevaluation determination to review existing evaluation data which includes the following:

a. evaluations and information provided by the parents of the student;

b. current classroom-based assessments and observations; and c. observations by teachers and related service providers.

2. On the basis of that review, identify what additional data, if any, are needed to determine that a student is eligible for special education services as an exceptional gifted student in grades nine through 12 using one or more of the following criteria:

a. the eligibility criteria for one or more of the disabilities as defined in this section;

b. the definition for economically disadvantaged;

c. the definition for underachievement, which takes into consideration the student's ability level, educational performance, and achievement levels; and/or d. the definition for psychological adjustment disorder as documented by a comprehensive psychological evaluation.

3. If the student is eligible as exceptional gifted, the LEA must develop an IEP. If the student is not eligible as exceptional gifted, the IEP Team must review and adjust in consultation with the student’s advisor the Personalized Education Plan (PEP) to include courses through the senior year. Courses classified as Honors, Dual Credit, Advanced Placement (AP), and/or International Baccalaureate (IB) classes are to be indicated on the PEP. The implementation and annual review of this plan are required of the LEA.

H. Hard of Hearing Definition: Hard of hearing is an impairment in hearing, whether permanent or fluctuating, that adversely affects a student’s educational performance but that is not included under the definition of deafness.

Eligibility Criteria for Hard of Hearing An EC will determine that a student is eligible for special education services as a student who is hard of hearing when all the following criteria are met.

1. The student exhibits characteristics consistent with the definition and relies primarily on hearing to access spoken communication.

2. The student has been diagnosed by an otologist, otolaryngologist, or audiologist as having a hearing loss.

3. The student’s condition adversely affects educational performance.

4. The student needs special education.

I. Intellectual Disability Definition: Intellectual disability is defined as significantly subaverage intellectual functioning that exists concurrently with deficits in adaptive skill areas. These deficits are manifested during the developmental period and adversely affect the student’s educational performance.

Eligibility Criteria for Intellectual Disability An EC will determine that a student is eligible for special education services as a student with an intellectual disability when all the following criteria are met.

1. General intellectual functioning:

a. the student with mild to moderate intellectual disability has general intellectual functioning ranging from two to three standard deviations below the mean, in consideration of 1.0 standard error of measurement as determined by a qualified psychologist, using an individually administered intelligence test; or b. the student with the most significant cognitive disabilities (moderate to severe intellectual disability) has general intellectual functioning more than three standard deviations below the mean, in consideration of 1.0 standard error of measurement as determined by a qualified psychologist, using an individually administered intelligence test.

2. The student exhibits concurrent deficits in adaptive functioning expected for the student’s age across multiple environments based on clinical and standardized assessments in at least one of the following domains: conceptual, social, or practical; and if intellectual functioning and adaptive functioning are inconsistent in severity (see Severity Levels for Adaptive Functioning), an observation must be completed to determine the level of supports required.

3. The age of onset is 18 or below.

4. The student’s condition adversely affects educational performance.

5. The student needs special education.

Caution is advised when assessing students with cultural and language issues to prevent inappropriate identification of these students as having a cognitive impairment. When determining eligibility, tests measuring intellectual ability must be used with care; that is, only those tests designed and normed for the population being tested may be used. Tests measuring intellectual ability that are translated into another language by the examiner or an interpreter yield invalid test results and must not be used as the basis of the eligibility determination. Evaluation teams must consider using nonverbal tests of intellectual ability when the student is culturally or linguistically diverse.

J. Orthopedic Impairment Definition: Orthopedic impairment means a severe physical limitation that adversely affects a student’s educational performance. The term includes impairments caused by congenital anomaly (e.g., spina bifida, congenital amputation, osteogenesis imperfecta), an impairment caused by disease (e.g., poliomyelitis, bone tuberculosis), or an impairment from other causes (e.g., cerebral palsy, amputations, fractures or burns that cause contracture).

Eligibility Criteria for Orthopedic Impairment An EC will determine that a student is eligible for special education services as a student with an orthopedic impairment when documentation of all the following criteria exists.

1. The student exhibits characteristics consistent with the definition.

2. The student has an orthopedic impairment diagnosed and described by a licensed physician, APRN, or PA.

3. The existence of educational needs as a result of the orthopedic impairment.

4. The student’s condition adversely affects educational performance.

5. The student needs special education.

K. Other Health Impairment Definition: Other health impairment means having limited strength, vitality, or alertness, including heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that is due to chronic or acute health problems. These health problems may include, but are not limited to, asthma, attention deficit hyperactivity disorder (ADHD), cancer, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, Tourette syndrome, or stroke to such a degree that the student’s educational performance is adversely affected.

Eligibility Criteria for Other Health Impairment An EC will determine that a student is eligible for special education services as a student with another health impairment when documentation of all the following criteria exists.

1. The student exhibits characteristics consistent with the definition.

2. The student has a chronic or acute medical or health condition as diagnosed and described by a licensed physician, APRN, or PA; with the exception of ADHD which can also be diagnosed by a school psychologist or licensed psychologist.

3. The existence of educational needs as a result of the medical or health condition.

4. The student’s condition adversely affects educational performance.

5. The student needs special education.

L. Specific Learning Disability (SLD)

Definition: Specific learning disability (SLD) means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculation, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. As specified in W. Va. Code §18-20-10:

1. dyslexia is an alternative term used to refer to a pattern of learning difficulties characterized by problems with accurate or fluent word recognition, poor decoding, and poor spelling abilities.

2. dyscalculia is an alternative term used to refer to a pattern of learning difficulties characterized by problems with numerical information, learning arithmetic facts, and performing accurate or fluent calculations.

Disorders/Conditions Not Included:

SLD does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional/behavioral disorder, or environmental, cultural, or economic disadvantage.

A student must not be determined to have an SLD if the determinant factor is any of the following:

1. lack of appropriate instruction in reading, including the Reading Foundations - Fluency, Phonics and Word Recognition, Phonological Awareness, and Print Concepts;

2. lack of appropriate instruction in mathematics; or 3. limited English proficiency.

Eligibility Committee (EC) Membership for SLD Determination:

The determination of whether a student manifests an SLD must be made by the EC, which includes the student’s parent(s) and a team of qualified professionals specified below:

1. the student’s general education teacher; or if the student does not have a general education teacher, a general education classroom teacher qualified to teach a student of the student’s age; and 2. at least one person qualified to conduct individual diagnostic examinations of the student, such as a school psychologist, speech-language pathologist, or reading specialist.

ECs must draw upon information from a variety of assessment tools and strategies and as specified in W. Va. Code §18-20-10 to ensure all students receive necessary and appropriate screenings and early assessments for specific learning disabilities. The EC may not rely on any single procedure for determining eligibility for special education and related services.

Examples of data sources to consider include formative and summative assessments, ongoing progress monitoring, aptitude and achievement tests, cognitive assessments, parent input, teacher recommendations, and information about the student’s physical condition, social or cultural background, and adaptive behavior. The EC must also ensure that information obtained from all these sources is documented and carefully considered.

ELIGIBILITY DETERMINATION: MULTI-TIERED SYSTEM OF SUPPORT (MTSS)

Definition. Multi-Tiered System of Support (MTSS) is a framework of multiple supports for all students and includes the process referred to as response to intervention (RTI). The process includes: 1) providing high-quality instruction matched to student needs; 2) screening all students for academic, behavior, and mental health concerns; 3) continuous monitoring of student performance; and 4) using learning rate over time and level of performance to make important educational decisions. It is a systematic multi-level approach for supporting the diverse needs of students in academic, behavioral, and mental health domains through the use of universal design for learning (UDL), differentiated instruction, and targeted and intensive interventions based on ongoing assessments of student performance. This process is characterized by procedures aligned with the steps of problem solving and documents a student’s response or non-response to general education instruction and the student’s academic performance in comparison to grade-level standards. The determination of eligibility for SLD services should be made using an MTSS framework.

Parent Notice Requirements When a student participates in an MTSS process such as the current West Virginia Tiered System of Support (WVTSS) and receives targeted and/or intensive supports, the LEA must notify the student’s parents, and maintain documentation that the student’s parents were notified, about the following:

1. the state’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

2. strategies for increasing the student’s rate of learning;

3. information and education to parents regarding specific learning disabilities including dyslexia and dyscalculia and the services available to students as specified in W. Va. Code §18-20-10; and 4. the parent’s right to request an evaluation at any time throughout the MTSS process.

Eligibility Standards Using an MTSS process and comprehensive assessment, the EC determines eligibility for specific learning disability based on the following standards for comparison. Each standard must be discussed at the EC meeting and corresponding documentation must be on file for each student.

Standard 1 - Level of Learning The first element in identifying a student with a specific learning disability is whether the student does not achieve adequately for the student’s age or does not meet state-approved grade level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the student’s age or state-approved grade-level standards:

1. oral expression;

2. listening comprehension;

3. written expression;

4. basic reading skills;

5. reading fluency skills;

6. reading comprehension;

7. mathematics calculation; and/or 8. mathematics problem-solving.

The performance measure used to verify this standard must be both representative of the student’s curriculum and useful for instructional planning. The student’s response to customized instruction must be documented.

Documentation includes one or more of the following:

1. results of formative assessments administered pre- and post-instruction;

2. cumulative record reviews;

3. student class work samples;

4. anecdotal teacher records; and/or 5. standardized assessments.

Standard 2 - Rate of Learning or Pattern of Strengths and Weaknesses The second element in identifying a student with a specific learning disability may be met by determining an insufficient rate of learning or a pattern of strengths and weaknesses in cognitive and academic abilities.

Rate of Learning The data gathered through ongoing progress monitoring of the student’s performance during an intervention period is used to determine if the rate of learning has been met.

This standard is met when the student’s learning rate or growth toward target skills is substantially below grade-level peers and, based on progress monitoring data (i.e., charting), a reasonable rate of progress cannot be projected even when the student is provided supplemental intervention instruction of reasonable intensity and duration.

Documentation includes:

1. progress monitoring data collected before, during and after the provision of targeted instruction and intensive instruction (suggested minimum nine-week period of each); and 2. records indicating specific instruction provided, including frequency and duration.

Pattern of Strengths and Weaknesses In addition to not achieving adequately on age or state-approved grade level achievement standards, a specific learning disability may be confirmed if the student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards, or intellectual development, that is determined by the EC to be relevant to the identification of a specific learning disability, using appropriate assessments.

Documentation includes:

1. formal educational, cognitive, and/or medical evaluation reports;

2. formative assessments and progress monitoring data; and 3. functional academic and/or behavioral assessments.

Standard 3 - Exclusion Factors The final standard by which the EC may determine SLD eligibility is the assurance that the student’s underachievement is not primarily the result of any of the following:

1. a visual, hearing, or motor disability;

2. intellectual disability;

3. emotional disorder;

4. cultural factors;

5. environmental or economic disadvantage; and/or 6. limited English proficiency.

Documentation includes:

1. formal educational, cognitive and/or medical evaluation reports;

2. formative assessments and progress monitoring data; and 3. functional academic and/or behavioral assessments.

Validating Underachievement As in determining all other areas of disability, the EC must ensure that the underachievement of a student suspected of having a specific learning disability is not due to lack of appropriate instruction in ELA, written expression or mathematics, and the team must consider, as part of the evaluation described in Chapter 3, Section 4, the following factors:

1. data that demonstrate that prior to or as part of the referral process, the student was provided appropriate instruction in general education settings; and 2. data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction (i.e., formative and progress monitoring data) which was provided to the student’s parents.

Observation Requirement The student suspected of having a specific learning disability (SLD) must be observed in the learning environment, including the general classroom setting, to document the student’s academic performance and behavior in the areas of difficulty. The EC must decide to:

1. use information from an observation in routine classroom instruction and monitoring of the student’s performance that was done before the student was referred for evaluation; or 2. have at least one member of the evaluation team conduct an observation of the student’s academic performance in the general classroom after the student has been referred for an evaluation and parental consent is obtained.

In the case of a student in an out-of-school placement, a member of the evaluation team must observe the student in an environment appropriate for a student of that age. The purpose of the observation is to document how the academic concern impacts the student’s academic performance. The observation must also document the name and title of the observer and the site, date, and duration of the observation.

Documentation of Student Response to Multi-tiered Instruction A thorough review of the following types of documentation will assist the EC in its eligibility determination. Most of this information is gathered and recorded throughout the natural course of a student’s instruction and intervention and does not necessarily constitute additional paperwork requirements.

1. A chronology of the student’s educational history (i.e., preschool participation, grade retention, special education services, cumulative attendance).

2. Formative/classroom and progress monitoring data.

3. Specific documentation of the nature and intensity of general classroom instruction that evidences high quality instruction in reading/ELA and mathematics (e.g., lesson plans).

4. Comprehensive documentation of the nature (i.e., group size), frequency and duration of customized instruction results (e.g., instruction plans).

5. Additional achievement/performance data (e.g., results of informal classroom assessments, teacher observations, grades, behavior data).

6. Formal evaluation reports (e.g., standardized psychological and academic assessments).

Written Report Requirements: SLD Team Report The SLD Team Report must contain a statement of:

1. whether the student has a specific learning disability (SLD);

2. the basis for making the determination, including an assurance that the determination has been made in accordance with required evaluation procedures specified in Chapter 3, Section 4;

3. the relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student’s academic functioning; and 4. the educationally relevant medical findings, if any;

4. whether:

a. the student does not achieve adequately for the student’s age or to meet state-approved grade‑level standards; and b. the student does not make sufficient progress to meet age or state-approved grade-level standards; or c. the student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards or intellectual development;

6. the determination of the group concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional/behavioral disorder; cultural factors, environmental or economic disadvantage; or limited English proficiency on the student’s achievement level;

7. if the student has been provided instruction using a multi-tiered system of support (MTSS) (scientific, research-based instruction):

a. the instructional strategies used, and the student-centered data collected; and b. the documentation that the student’s parents were notified about;

8. the state’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

9. strategies for increasing the student’s rate of learning; and 10. the parent’s right to request an evaluation at any time throughout the MTSS process.

Dissenting Opinions:

This report must be dated, and evaluation team members must certify in writing whether the report reflects each team member’s conclusions. If the report does not reflect an individual team member’s conclusion, that team member must submit a separate statement presenting the member’s conclusions.

M. Speech or Language Impairment Definition: The IDEA defines a speech or language impairment as a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a child's educational performance. Communication disorders are also defined in the Diagnostic and Statistical Manual of Mental Disorders Fifth Edition (DSM-5) as follows:

1. language includes the form, function, and content of a conventional system of symbols (i.e., spoken words, sign language, written words, pictures) in a rule-governed manner for communication.

2. speech is the expressive production of sounds and includes an individual’s articulation, fluency, voice, and resonance quality.

3. communication includes any verbal or nonverbal behavior that influences the behavior, ideas, or attitude of another individual.

4. assessments of speech-language and communication abilities must consider the individual‘s cultural and language context, particularly for individuals growing up in bilingual environments.

5. standardized measures of language development and of nonverbal intellectual capacity must be relevant for the cultural and linguistic group (i.e., tests developed and standardized for one group do not provide appropriate norms for a different group.)

Language Disorder: Diagnostic Criteria 1. Persistent difficulties in the acquisition and use of language across modalities (i.e., spoken, written, sign language, or other) due to deficits in comprehension or production that include one or more of the following:

a. reduced vocabulary (word knowledge and use - content);

b. limited sentence structure (ability to put words and word endings together to form sentences based on the rules of syntax and morphology - form); and/or c. impairment of the understanding of the social aspects of spoken language, including conversational exchanges (function).

2. Onset of symptoms may be evident in the early developmental period or when academic language demands in the classroom increase.

Eligibility Criteria for Language Disorder Following consideration of the child’s age, culture, language background, or dialect, an EC will determine that a student is eligible for special education and/or related services as a student who has a language disorder when the following criteria are met.

1. Three or more speech-language probes or standardized speech-language assessments as listed below are performed as part of the comprehensive language evaluation process. For students who cannot participate in the assessment process, consider the use of the Functional Communication Assessment Summary (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022). A student with a language disorder exhibits at least three of the following characteristics of a through e:

a. assessment on a composite norm-referenced test of both receptive and expressive language with a diagnostic accuracy (sensitivity/specificity) of 80 percent or higher yields one or more composite scores that align with those who have a language disorder based on the test publisher’s recommended cut score. Note: Only composite test scores may be used. Individual subtest scores may not be considered;

b. language sample analysis results in a score of at least 1.5 standard deviations or more below similar-aged peers (e.g., +/- 6 months) at least two measures of productivity and/or complexity;

c. dynamic assessment (test-teach-retest) that demonstrates limited or very limited improvement (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022);

d. in conjunction with item a (above), norm-referenced test(s) for specific components or processes of language which do not meet the 80 percent diagnostic accuracy, or development scale(s), or criterion-based assessment(s) indicate that the student’s language skills are lower than expected for their age; and/or e. case history, observation, parent and teacher interviews, and informal assessment(s) indicate the student has difficulty understanding or expressing ideas or concepts to such a degree that it significantly interferes with social interaction or educational progress, except for preschool, which is a socio-communicative impact.

2. The student’s disability adversely affects educational or vocational performance, or social-communicative performance in the case of preschoolers, as shown by a review of the educational activities and LEA-wide assessments. (See Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022).

3. The student needs special education. (Language disorder can be a primary special education or related service.)

a. language disorder is not considered the primary disability when the symptoms are attributable to hearing or other impairments that are more appropriately defined under another eligibility category.

b. A language disorder is considered a related service when services are required to assist an eligible student with a disability to benefit from special education.

Speech Sound Disorder: Diagnostic Criteria 1. Persistent difficulty with speech sound production that interferes with speech intelligibility or prevents verbal communication of messages.

2. The difficulties cause limitations in effective communication that interfere with social participation, academic achievement, or occupational performance, individually or in any combination.

3. Onset of symptoms may occur in the early developmental period or after an acquired brain injury.

Eligibility Criteria for Speech Sound Disorder (Articulation/Phonology Disorder)

An EC will determine that a student is eligible for special education and/or related services as a student who has a speech sound disorder when the following criteria are met.

1. Three or more speech probes or standardized speech assessments listed below and application of developmental norms (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022) are performed as part of the comprehensive speech sound evaluation process. For students who cannot participate in the assessment process, consider using the Functional Communication Assessment Summary (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022). The student with a speech sound disorder exhibits three of the following characteristics in a through e:

a. a standardized speech assessment demonstrates three or more phonemic errors not expected at the student’s current age or developmental level are observed during direct testing and/or conversational speech;

b. one or more phonological processes designated on the Speech Production Assessment Summary (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022) as a moderate to substantial are observed during direct testing and/or in conversational speech;

c. the student is less than 59 percent stimulable for age-appropriate phonemic errors as listed on the Speech Production Assessment Summary (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022);

d. the student’s speech intelligibility is below the expected range and not due to influences of a second language or dialect. Intelligibility ratings as documented by school staff or caregivers indicate an impact across environments (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022); or e. percentage of Consonants Correct is 84 percent or below.

2. The student’s disability adversely affects educational or vocational performance, or social-communicative performance in the case of preschoolers, as shown by a review of educational activities and LEA-wide assessments.

3. The student needs special education. (Speech sound disorder therapy can be a primary special education or related service.)

a. A speech sound disorder is not considered the primary disability when the symptoms are attributable to hearing or other impairments that are more appropriately defined under another eligibility category.

b. A speech sound disorder is considered a related service when services are required to assist an eligible student with a disability to benefit from special education.

Childhood-Onset Fluency Disorder (Stuttering and Cluttering) Diagnostic Criteria:

Fluency refers to continuity, smoothness, rate, and effort of speech production. There are two types of fluency disorders: stuttering and cluttering.

Stuttering is a speech disorder characterized by repetition of sounds, syllables, or words; prolongation of sounds; and interruptions in speech known as blocks. These speech disruptions may be accompanied by struggle behaviors such as rapid eye blinks or tremors of the lips. Stuttering is the most prevalent childhood onset fluency disorder.

Cluttering involves speech that sounds rapid, unclear, and disorganized. The listener may hear excessive breaks in the normal flow of speech that sound like disorganized speech planning, talking too fast or in spurts, or simply unsure of what one wants to say. Cluttering is the less frequent type of childhood fluency disorder.

Diagnostic Criteria for Stuttering 1. Disturbances in the normal fluency and time patterning of speech that are inappropriate for the individual’s age and language skills, persist over time, and are characterized by frequent and marked occurrences of one or more of the following:

a. sound and syllable repetitions;

b. sound prolongations of consonants as well as vowels;

c. broken words (e.g., pauses within a word);

d. audible or silent blocking (filled or unfilled pauses in speech);

e. circumlocutions (word substitutions to avoid problematic words);

f. words produced with an excess of physical tension; and/or g. monosyllabic whole-word repetitions.

2. The disorder causes anxiety about speaking or limitations in effective communication, social participation, or academic or occupational performance, individually or in any combination.

3. The onset of symptoms is in the early developmental period.

Diagnostic Criteria for Cluttering 1. Syndrome characterized by abnormally fast or irregular rate. The student fails to maintain normally expected speech sound, syllable, phrase, and pausing patterns. Some students also display more incidents of disfluency which is unlike the normal stuttering disfluencies, characterized by frequent or marked occurrences of one or more of the following:

a. rapid or irregular rate;

b. pausing at the wrong times;

c. repeating phrases or words;

d. leaving off word endings;

e. frequent topic shifting;

f. omitting words; and/or g. excessive interjections.

2. The disorder causes issues with pragmatics and awareness of moments of conversation disruption.

3. The age of onset is typically during the early developmental period, although it may not be diagnosed until age eight and up.

Eligibility Criteria for Childhood-Onset Fluency Disorder:

Following considerations of the child’s age, culture, socio-economic status, language background, and dialect, an EC will determine that an individual is eligible for special education and/or related services as a student who has a fluency disorder when all the following criteria are met.

1. The student has a fluency rating of moderate to severe based on fluency assessments, both formal and informal, and parent, teacher, or other provider information.

2. The student’s disability adversely affects educational performance including classroom participation, social Interaction, and occupational performance as shown by a review of educational activities. (See Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022.)

3. The student needs special education. (Fluency therapy can be a primary special education or a related service.)

a. A fluency disorder is not considered the primary disability when the symptoms are attributable to hearing or other impairments that are more appropriately defined under another eligibility category.

b. A fluency disorder is considered a related service when services are required to assist an eligible student with a disability to benefit from special education.

Social Communication Disorder: Diagnostic Criteria Social communication disorder encompasses language use in social situations, communication that occurs between at least two individuals, an understanding of social schemes and expected socially appropriate behavior and consequences of inappropriate behavior, and internal generation and understanding of language.

1. Persistent difficulties in the social use of verbal and nonverbal communication as manifested by all the following:

a. deficits in using communication for social purposes, such as greeting and sharing information, in a manner that is appropriate for social context;

b. impairment of the ability to change communication to match context or the needs of the listener, such as speaking differently in a classroom than on a playground, talking differently to a child than to an adult, and avoiding use of overly formal language;

c. difficulties following rules for conversation and storytelling, such as taking turns in conversation, rephrasing when misunderstood, and knowing how to use verbal and nonverbal signals to regulate interaction; and d. difficulties understanding what is not explicitly stated (e.g., making inferences) and nonliteral or ambiguous meaning of language (e.g., idioms, humor, metaphors, multiple meanings that depend on the context for interpretation).

2. The onset of symptoms may occur in the early developmental period, but deficits may not fully manifest until social communication demands exceed limited capacities.

3. The symptoms are not attributable to another medical or neurological condition or to low abilities in the domains of word structure and grammar, and are not better explained by autism disorders, intellectual disability (intellectual developmental disorder), global developmental delay, or another mental disorder.

Eligibility Criteria for Social Communication Disorder Following considerations of the child’s age, culture, socio-economic status, language background, and dialect, an EC will determine that a student is eligible for special education and/or related services as a student who has a social communication disorder when all of the following are met.

Multiple speech probes and standardized speech-language assessments listed below, targeted observations, and interviews are performed as part of a comprehensive evaluation. (See Speech‑Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022.) The student with a social communication disorder exhibits all of the following characteristics:

a. assessment measures that include norm-referenced tests, multiple observations, checklists, and structured tasks indicate a moderate to significant impact on social skills;

b. assessment procedures that are contextually based and involve multiple settings and communication partners represent a global deficit;

c. assessment results indicate deficits and functional limitations in effective communication, social participation, social relationships, academic achievement and/or occupational performance, individually or in combination; and d. social communication disorder cannot be diagnosed in the presence of restricted repetitive behaviors, interests, and other activities related to the diagnosis of Autism.

The student’s disability adversely affects educational performance.

The student needs special education. (Social language disorder therapy is a primary special education service.)

A social communication disorder is a primary special education service because a student cannot receive this eligibility in the presence of autism, a neurological or medical condition, an intellectual disability, global developmental delay, or other mental disorder. A student who exhibits pragmatic issues in the presence of the above listed conditions may qualify for pragmatic therapy under Language Eligibility as a related service.

Voice Disorder: Diagnostic Criteria:

Voice disorders cause the abnormal production of voice quality, pitch, intensity, or resonance. Voice disorders may be the result of a functional or an organic condition.

A voice disorder exists when the vocal characteristics of quality, pitch, intensity, or resonance:

1. interfere with communication;

2. draw unfavorable attention to the speaker;

3. adversely affect the speaker or listener; or 4. are inappropriate to the age, gender, cultural background, or geographic location of the speaker.

A voice disorder does not exist when the vocal characteristics of quality, pitch, intensity, or resonance:

1. are the result of temporary physical factors such as allergies, colds, or abnormal tonsils, or adenoids;

2. are the result of regional dialectic or cultural differences or economic disadvantage; or 3. do not interfere with educational, vocational, or socio-communicative performance.

Eligibility Criteria for Voice Disorder:

Following considerations of the child’s age, culture, socio-economic status, language background, and dialect, an EC will determine that a student is eligible for special education and/or related services as a student who has a voice disorder (speech impairment) when all the following criteria are met.

1. Speech probes and standardized assessments listed below indicate that the student meets the criteria for a moderate to substantial impact on the Voice Assessment Summary (see Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022).

a. A voice production rating of moderate or severe on an age-appropriate voice rating scale.

b. Consistent problem with voice quality, resonance, loudness, or pitch that is noticeable to all listeners.

c. The existence or absence of a structural or functional pathology is verified by an otolaryngologist.

2. The student’s disability adversely affects educational, vocational, or socio-communicative performance as shown by a review of the educational activities. See Speech-Language Pathology Services in West Virginia Schools: Guidance for West Virginia Schools and Districts, 2022, for the Voice Assessment Summary.

3. The student needs special education. Voice disorder therapy can be a primary special education or related service.

a. A voice disorder is not considered the primary disability when the symptoms are attributable to hearing or other impairments that are more appropriately defined under another eligibility category.

b. A voice disorder is considered a related service when services are required to assist an eligible student with a disability to benefit from special education.

Special Considerations:

1. Cognitive referencing refers to the practice of finding students not eligible for services when their language skills are deemed to be commensurate with their cognitive abilities. IDEA does not require a significant discrepancy between intellectual ability and achievement for a student to be deemed eligible for speech-language services. Lack of discrepancy between cognitive level (i.e., mental age) and communication performance (i.e., language age) must not be the sole factor when determining eligibility for a severely speech and language disordered student. Other factors that must be considered are informal evaluation results, physical ability, and educational and therapy history.

2. A student’s eligibility for speech and language services cannot be determined on the basis of having a primary language other than English or a language difference. Appropriate evaluations must verify the presence of an impairment in the primary and/or all languages spoken. The use of dynamic assessment is recommended as a way to gather diagnostic information to determine language difference versus language disorder.

3. When verbal communication is not an effective means of communication for the student, the student must receive an Augmentative/Alternative Communication Evaluation to determine the need for an alternative means of communication. All available means of communicating within the student’s ability level must be considered. This may include verbal, manual, pictorial, or electronic modes of communication.

N. Traumatic Brain Injury Definition: Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, and speech. The term does not apply to congenital or degenerative brain injuries or to brain injuries induced by birth trauma.

Eligibility Criteria for Traumatic Brain Injury An EC will determine that a student is eligible for special education services as a student who has a traumatic brain injury when all the following criteria are met.

1. The student has an acquired injury to the brain caused by an external physical force resulting in a total or partial functional disability or psychosocial impairment, or both as diagnosed by a licensed physician, APRN, or PA.

2. The student’s condition adversely affects educational performance.

3. The student needs special education.

Chapter 5 INDIVIDUALIZED EDUCATION PROGRAMS (IEP)

Special education is defined as specially designed instruction, at no cost to the parent, based on peer‑reviewed research to the extent practicable, to meet the unique needs of a student with a disability or giftedness including instruction in the classroom, the home, hospitals, institutions, and other settings. The definition of special education also includes instruction in physical education, speech-language therapy, transition services, travel training, assistive technology services, and vocational education. Specially designed instruction means adapting the content, methodology, or delivery of instruction to:

1. address the unique needs of the student that result from the student’s disability or giftedness; and 2. ensure access to the general education curriculum so that the student with disabilities can meet the education standards that apply to all students.

The Standards-Based Individualized Education Program (SB-IEP) is a product of collaboration between a parent or adult student and educators who, through full and equal participation, identify the unique needs of a student with a disability or giftedness and plan the special education and related services to meet those needs. It sets forth in writing a commitment of resources necessary to enable the student to receive needed special education and related services. In addition, the IEP is a management tool that is used to ensure that each eligible student is provided special education and related services appropriate to the student’s special learning needs. It serves as an evaluation device for use in determining the extent of the student’s progress toward meeting the projected outcomes. The IEP is a compliance/monitoring document that may be used by authorized monitoring personnel from each governmental level to determine whether an eligible student is receiving the FAPE agreed to by the parents and the school.

The IDEA, in conjunction with the Endrew F. v. Douglas County School District decision in 2017 by the Supreme Court of the United States, requires that students be provided an educational program that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. The IDEA and the Endrew F. decision require schools to create IEPs that are appropriately ambitious, thus allowing every student the opportunity to achieve challenging goals such as those set for non-disabled peers, readying them for post-secondary life based on a student’s unique needs.

Section 1. IEP Initiation A. Purpose of Meeting The primary purpose of an IEP Team meeting is to design an IEP that will meet the unique needs of an eligible student. The IEP Team plans the special education and related services designed to provide access to and progress in the general curriculum. The parent or adult student, LEA personnel, and other IEP Team members should come prepared to participate in an open discussion regarding the student’s individual needs and how those needs affect the student’s mastery of the content standards and objectives. Placement decisions must be considered after the special education services are determined.

Informal or unscheduled conversations involving LEA personnel on various issues (e.g., teaching methodology, lesson plans, or coordination of service provisions) are not considered a meeting as long as no decisions are made regarding issues addressed on the student’s IEP. A meeting does not include preparatory activities that LEA personnel engage in to develop a proposal or a response to a parent or adult student proposal that will be discussed at a later meeting.

B. Team Decision Making The IEP meeting serves as a communication vehicle between the parent or adult student and LEA personnel that enables them, as equal participants, to make joint, informed decisions regarding the student’s special education services. All members of the IEP Team are expected to work toward consensus regarding the content of the IEP to ensure that the student receives a FAPE. Consensus means that all members are in general agreement regarding the IEP content.

If the parent or adult student and other IEP Team members cannot reach consensus regarding an IEP decision, then the LEA representative on the IEP Team must make the decision and provide PWN of the decision to the parent/adult student at the conclusion of the meeting and prior to implementing the IEP. The parent or adult student may exercise the right to mediation or a due process hearing regarding the decision (Refer to Chapter 11).

W. Va. Code makes a provision that any teacher or other service provider who disagrees with the IEP Team’s decision shall file a written explanation with the LEA special education director outlining the disagreement or recommendations (W. Va. Code §18-20-1c(2)).

C. Scheduling IEP Meetings An IEP meeting must be convened:

1. to develop an IEP within 30 days of the initial eligibility determination and prior to the initiation of services;

2. to review the IEP periodically, but no longer than 365 days from the date of development of the current IEP. An IEP must be in effect at the beginning of each school year;

3. when another agency fails to deliver transition or other services outlined in the IEP; the IEP Team must reconvene to identify alternative strategies to meet the transition objectives for the child set out in the IEP;

4. within 21 days of a written request by any member of the IEP Team including the parent or adult student. However, if the LEA refuses a parent’s or adult student’s request to convene a meeting, it must respond to the parent/adult student within five days of receipt of the request, including provision of PWN;

5. within 21 days of receipt of written request by a general education teacher who has responsibility for implementing the IEP in accordance with W. Va. Code §18-20-1c; and 6. within 10 school days of any disciplinary removal resulting in a change of placement, the IEP Team must conduct a manifestation determination and, if appropriate, complete a functional behavioral assessment and/or develop or review a behavioral intervention plan.

D. IEP Team Membership The following are required members of the IEP Team.

1. Parent(s) - Parent means a natural, adoptive, or foster parent of a child; a guardian (but not the state if the child is a ward of the state); an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives; or an individual assigned to be a surrogate parent.

2. Not less than one general education teacher of the student must participate, if the student is or may be participating in general education environment (including universal pre-K programs, Head Start). A general education teacher of the student is required to participate in developing the IEP of a student who is, or may be, participating in the general education environment. For preschool-aged students, the general education teacher may be the kindergarten teacher or another appropriate designee. Other designees at the preschool level may include a care provider, Head Start teacher, or community preschool teacher who meets state and/or national licensing standards. W. Va. Code requires the receiving and referring teachers to participate in the development of the student’s IEP (W. Va. Code §18-20-1c(2)). Participation of additional general education teachers may be through attendance at the IEP meeting or by the provision of a classroom teacher report to the IEP Team.

3. Not less than one special education teacher of the student or, when appropriate, special education service provider (e.g., speech-language pathologist). Generally, this individual will be the student’s special education teacher or provider who has primary responsibility for implementing the student’s IEP.

4. A representative of the LEA who is qualified to provide or supervise the provision of special education, knowledgeable about the general education curriculum, and knowledgeable about the availability of resources of the LEA and has the authority to allocate resources (one of the other members may be so designated if they meet these requirements). Examples include the county administrator of special education, principal, assistant principal, or professional special education personnel. For speech only IEP Team members, the speech-language pathologist may serve as the LEA representative, if the criteria are met.

5. An individual who can interpret the instructional implications of evaluation results (who may be one of the other members). Examples include special education specialist, audiologist, special educator, speech-language pathologist, related service provider, or school psychologist.

6. At parent or LEA discretion, others with knowledge or special expertise regarding the child, including related services personnel as appropriate. The determination of having knowledge and expertise regarding the student will be made by the parent or adult student or LEA personnel who invited the individual to be a member of the IEP Team.

7. The student when appropriate but required when the purpose of the meeting is consideration of the postsecondary goals and transition services needed for reaching those goals.

8. To the extent appropriate and with parent or adult student consent, a representative of any participating agency that is likely to be responsible for providing or paying for transition services. If a representative does not attend, steps must be taken to obtain participation from the agency in transition planning.

9. For a child previously served under WV Birth to Three, at the request of the parent, the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.

10. For a student being considered for or currently in a private school placement made by the IEP Team, a representative of the private school or facility through attendance at the meeting, or other methods such as conference telephone calls.

The role(s) filled by each IEP Team member will be designated on the IEP form.

A member of the IEP Team is not required to attend an IEP meeting, in whole or in part, if the parent of a student with a disability and the LEA agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.

Members of the IEP Team may be excused from an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:

1. the parent or adult student and LEA consent to this in writing; or 2. the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

School personnel must contact the parent to discuss excusal(s), obtain parent consent, and provide IEP Team Member In-Lieu-of Attendance Report forms to the identified team member(s). Excused team members must submit the In-Lieu of Attendance Report form to parents and the IEP Team chair between receipt of parent consent for the excusal and the IEP Team meeting.

E. The General Educator’s Role in IEP Development If a student is or may be participating in the general education curriculum or environment, at least one of the student’s general education teachers who is, or may be, responsible for implementing any portion of the IEP must participate in developing the IEP.

The general education teacher’s role in the development, review, and revision of the IEP includes:

1. discussion of the student’s involvement and progress in the general education curriculum;

2. determination of appropriate positive behavioral interventions and strategies for the student; and 3. determination of supplementary aids and services, program accommodations, modifications, and supports for school personnel.

F. Invitation to IEP Team Meetings To the extent possible, the LEA should encourage the consolidation of all IEP Team activities to reduce the number of meetings necessary for an individual student, including meetings that may involve eligibility, reevaluation, and IEP development.

The LEA must:

1. schedule and notify the parent/adult student of the meeting at a place and time mutually agreed on by the parent or adult student and the LEA.

2. take steps to ensure one or both parents attend or have the opportunity to participate.

3. no less than eight days prior to the meeting unless waived by the parent, provide the parent/adult student written notice of the meeting using the Notice of EC/IEP Team Meeting form, which includes:

a. the purpose, time, and location of the meeting;

b. who will attend the meeting; and c. information regarding the parent’s or adult student’s right to bring other people who have knowledge or special expertise regarding the student to the meeting. For students who were participating in Part C services, this would include the right to invite the Part C coordinator or representative to attend the first IEP meeting.

4. beginning not later than the first IEP to be in effect when the student turns 14 years old, or younger if determined appropriate by the IEP Team, the notice also must:

a. indicate that the purpose of the meeting will be consideration of the post-secondary goals and transition services for the student;

b. indicate that the LEA will invite the student; and c. identify any other agency that will be invited to send a representative with the consent of the parent/adult student.

5. invite the student, if appropriate or required, to attend and participate in the IEP Team meeting. If a purpose of the meeting is to consider transition, and the student does not attend, the LEA must take other steps to ensure that the student’s preferences and interests are considered.

6. take whatever action is necessary to ensure that a parent or adult student understands the proceedings at an IEP Team meeting, including arranging for an interpreter for a parent or adult student who has a hearing impairment or whose native language is other than English.

7. document attempts to arrange a mutually agreed upon time and place for the meeting. Documentation could include records of telephone calls or conversations, copies of correspondence sent to the parent or adult student and any responses received, and detailed records of any visits made to the parent or adult student.

8. if neither parent can attend, provide alternatives to physical meetings such as video and telephone conferencing in the place of physical IEP meetings if the parent or adult student and LEA agree.

9. if the parent refuses to attend or the LEA cannot convince the parent to attend, conduct the IEP Team meeting and provide PWN of the decisions made.

Section 2. IEP Development The WVDE provides IEP and special education process forms/templates, including the online IEP, to ensure that all IEPs are developed in compliance with federal and state regulations. Therefore, LEAs are required to use the WVDE Online IEP in the development of a student’s IEP. The IEP requirements are listed below.

A. Student Information All IEPs must include the required demographic components.

B. Documentation of Attendance The LEA must ensure the attendance and participation of the IEP Team members at the IEP meeting. Signatures and positions of team members document attendance. Team members participating through an alternate method, such as by telephone or virtually, may be documented without signature in the appropriate section.

Team member signatures, including parent or adult student, do not reflect agreement or disagreement with the IEP, but only indicate attendance.

C. Considerations In developing each student’s IEP, the IEP Team must consider:

1. strengths of the student;

2. concerns of the parents for enhancing the education of the child;

3. results of the initial evaluation or most recent evaluation of the student; and 4. academic, developmental, and functional needs of the student.

The IEP Team must consider the following special factors as applicable and document its consideration in the IEP:

1. for students with giftedness, the IEP Team will consider if acceleration is a focus of gifted service, and if so, its effect on the child’s social development and on high school graduation;

2. consider whether the student needs assistive technology devices and services, the type of device and provision for home use, if any;

3. consider the communication needs of the student;

4. if the student’s behavior impedes the student’s learning or that of others, the IEP Team will consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

5. if the student has blindness or low vision, the IEP Team will provide for instruction in braille and the use of braille unless the IEP Team determines that braille is not appropriate for the student. This determination can only be made after an evaluation of the student’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the student’s future needs for instruction in braille or the use of braille);

6. in the case of the student who is deaf or hard of hearing, the IEP Team will consider the language and communication needs of the student, opportunities for direct communication with peers and professional personnel in the student’s language and communication mode, the student’s academic level and the student’s full range of needs including opportunities for direct instruction in the student’s language and communication mode;

7. if the student has limited English proficiency, the IEP Team will consider the language needs of the student as those needs relate to the IEP;

8. written consent must be obtained to invite agency representative to discuss transition services; and 9. consider the transition needs of the student.

Accessible Educational Materials Guidance - If the student understands instructional content at grade level, but is unable to read with sufficient accuracy and fluency to support comprehension at the same rate as the student’s peers, or cannot physically manipulate the print medium; or due to blindness/low vision cannot see standard print materials, please refer to the Accessible Educational Materials guidance documents on the WVDE website.

D. Present Levels of Academic Achievement and Functional Performance (PLEP)

Using the information considered in Section 2.C. the IEP Team identifies and develops statements of present levels of academic achievement and functional performance and measurable annual goals that enable school personnel to track the effectiveness of services and to accurately report progress toward goals.

Statements of present levels of academic achievement and functional performance must document how a school-age or Pre-K student’s exceptionality affects the student’s involvement and progress in the general education curriculum, i.e., the same curriculum used by students without disabilities.

Although the content of present levels of academic achievement and functional performance statements is different for each student, each statement must:

1. be written in objective, measurable terms and easy-to-understand non-technical language;

2. establish a basis for the other components of the IEP;

3. provide a starting point for annual goal development; and 4. articulate the gaps between the student’s grade level expectations (CCRS) and the student’s demonstrated performance.

E. Goals and/or Objectives Measurable academic and functional annual goals must be related to the needs described in the present levels of academic achievement and performance statements and be developed in conjunction with the parent/adult student and considerate of the unique needs of each student. Specifically, annual goals must be written to:

1. include an appropriately ambitious and measurable statement that describes what a student is reasonably expected to accomplish from the special education program within the time period covered by the IEP, generally one year;

2. enable the student to be involved in and make progress in the general education curriculum and to meet other educational needs that result from the disability or giftedness; and 3. include the timeframe, condition, behavior, and the evaluation procedure with performance criteria.

If the student who is deaf or hard of hearing does not demonstrate progress in expressive or receptive language skills as measured through an appropriate assessment tool, the IEP Team must explain the reasons for the lack of progress in meeting the language milestones or progressing towards them and recommend specific strategies, services, and programs that will track the child’s success towards English literacy.

For students receiving academic instruction based on the West Virginia Alternate Academic Achievement Standards, each goal must have at least two objectives. Objectives must include a statement of how far the student is expected to progress toward the annual goal and by what date.

The IEP Team has the discretion to use objectives for any student eligible for IEP services.

For purposes of determining the need for extended school year services, for each student with a disability, the IEP Team must identify at least one critical skill area that is needed for the student to maintain levels of performance. A critical skill is denoted by marking an annual goal or short-term objective with an asterisk.

The IEP must include a statement describing how the student’s progress toward IEP goals will be measured and when the parent or adult student will be informed of the student’s progress toward meeting the annual goals, such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards.

F. Secondary Transition Services and Summary of Performance Secondary transition services are defined as a coordinated set of activities and supports necessary for a student with a disability to achieve a seamless transition from a school to post-school environment. Transition activities and supports are based on data obtained from age-appropriate transition assessments and focus on improving academic and functional outcomes for the student necessary to achieve the student’s post-school goals. IEP teams must consider secondary transition activities and supports related to post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living and/or community participation. These activities and supports must be based on the individual student's needs, preferences, and interests. These activities and supports include explicit skill instruction, related services, community experiences, development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and/or a provision of functional vocational evaluation.

Beginning with the first IEP to be in effect when a student is 14 years old (or sooner at the discretion of the IEP Team), the IEP must include:

1. appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education and employment, and where appropriate, independent living skills;

2. transition services (including courses of study) needed to assist the student in reaching the postsecondary goals identified on the IEP;

3. evidence that the goals and transition services are updated annually; and 4. pre-employment transition services (Pre-ETS) which may include services provided by schools and/or by the West Virginia Division of Rehabilitation Services that include:

a. job exploration;

b. work-based learning;

c. counseling for transition and post-secondary programs;

d. workplace readiness training; and e. self-advocacy training.

In addition, and not later than the student’s 17th birthday, the IEP must include a statement that the parent and the student have been informed that special education rights will transfer to the student on the student’s 18th birthday. Special education rights will automatically transfer from the parent to the student when the student turns 18 years old unless the parent has obtained legal guardianship. IEP Teams should review alternatives to guardianship, such as supported decision-making, with the parents on an individualized basis when appropriate.

For a student who graduates with a high school diploma, or reaches the 21st birthday, the LEA must provide the student with a summary of performance that includes: the student’s academic achievement and functional performance, with recommendations on how to assist the student in meeting postsecondary goals. An exit meeting to review summary of performance must be conducted no earlier than 45 days, and no later than seven days, prior to graduation or reaching the end of the school year following the student’s 21st birthday.

G. Statement of Special Education and Related Services Each student’s IEP must describe the special education and related services, supplementary aids, and services, based on peer-reviewed research to the extent practicable, and program modifications or supports for school personnel that will be provided to or on behalf of the student to enable the student to:

1. advance appropriately toward attaining the annual goals;

2. be involved in and make progress in the general education curriculum, including career technical education coursework offered outside of the school of record;

3. have an equitable opportunity to participate in extracurricular and other nonacademic activities; and 4. be educated and participate with other students with and without disabilities.

The description of services in the IEP must identify:

1. supplementary aids and services means aids, services, and other supports, that are provided in general education classes or other education-related settings to enable students in need of special education services to be educated with students without disabilities to the maximum extent appropriate in accordance with LRE requirements. These services must be considered prior to removing a student from the general education classroom.

2. the determination of which supplementary aids and services are appropriate for a particular student must be made on an individual basis. Supplementary aids and services are any material/curricular/human resource or assistance, beyond what is normally afforded students without exceptionalities, provided to support a student with an exceptionality’s placement. Supplementary aids may include, but are not limited to, large print and/or audio books, positive behavioral interventions, assistive technology devices, hearing assistive technology (HATS) systems, curriculum accommodations, services, and other supports that are provided in general education classes or other education-related settings to enable students in need of special education services to be educated with students without disabilities to the maximum extent appropriate. Supplementary services may include, but are not limited to, extended time, reduction of test response items, and note taking.

a. An accommodation can be a device, practice, intervention, or procedure provided to a student with a disability that affords equal access to instruction or assessment. Accommodations do not change the content of the general education curriculum, nor reduce learning or achievement expectations, but allow students with disabilities access to the curriculum through technology, universal design for learning (UDL), differentiated instruction (DI), cognitive strategies instruction, and scaffolding.

b. Modifications are changes in educational expectations for the student. These include actual changes in the general education curriculum and instruction or the use of an alternative or supplemental curriculum. Examples include mastery of essential concepts, acceleration, different test questions, and material at a different reading level.

c. Supports for school personnel may include, but are not limited to, additional training in the use of assistive technology, specific instructional strategies, or the use of technology; other professional learning activities such as mentoring or coaching; and assistance in planning lessons using differentiated instruction.

3. Special Education Services - Special education services include specially designed instruction to meet the unique needs of the student. Special education services are those necessary to enable the student to achieve the annual goals, make progress in the general education curriculum, and participate in extracurricular and other non-academic activities. Special education services document the goal area requiring specially designed instruction, e.g., English language arts (ELA), mathematics, behavior, fine motor skills, etc. Special education services are either direct or indirect. Direct services are instruction, therapies, or interventions provided one-on-one or in groups to an eligible student in the general education classroom or in a special education school environment, home, or community. Indirect services are services provided by a special education teacher or provider to the student’s teacher(s), aide(s), or another adult to directly benefit the student. In the case of assistive technology services, the indirect service may include collaboration with the individuals responsible for the provision of services described in the IEP to directly benefit the student. Indirect services include, but are not limited to selecting or designing materials and/or activities, monitoring behavior management plans, programming assistive technology devices, or evaluating student progress on short-term objectives.

4. Related Services - Related services refers to transportation and such developmental, corrective, and other supportive services required to assist an eligible student to benefit from special education as described in the IEP. These services include, but are not limited to:

a) assistive technology;

b) audiology;

c) speech-language therapy;

d) interpreting services;

d) psychological services;

f) physical therapy;

g) occupational therapy;

h) therapeutic recreation;

i) counseling services;

j) early identification and assessment of students’ exceptionalities;

k) rehabilitation counseling services;

l) orientation and mobility services;

m) medical services for diagnostic or evaluative purposes;

n) school nurse services;

o) social work services in school;

p) supports for school staff;

q) parent counseling and training. Parent counseling and training includes helping a parents understand child development and the special needs of the child and acquire skills to support the implementation of the child’s IEP; and/or r) transportation.

This list of related services is not exhaustive and may include other developmental, corrective, and supportive or transition services. EXCEPTION: related services does not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device or the replacement of such device or devices such as, but not limited to, blood glucose or seizure monitoring devices.

Although services may be of benefit to a student with an exceptionality, all the services listed above may not be required for each individual student. Related services are the responsibility of the LEA only if the IEP Team determines they are required to assist the student to benefit from special education. Further, the student is not entitled to related services if:

1. the student does not need special education, or 2. the parent or adult student does not consent to special education services.

Location, Extent/Frequency, and Duration For each service identified, the IEP must:

1. state the location where services and modifications will be provided. For supplementary aids, services or modifications, state the specific location, e.g., mathematics classroom, community, etc. For special education and related services, indicate the location as special education environment (SEE) or general education environment (GEE).

2. list the anticipated extent/frequency. A specific quantitative amount of time (e.g., minutes per week or month) or a specific description of the instructional/environmental circumstances (e.g., accelerated learning or pre-teaching provided prior to the introduction of new content) is required. Specifying a range is only acceptable if the IEP Team determines that it is necessary to meet the unique needs of the student. A range may not be used because of personnel shortages or uncertainty regarding the availability of staff or services.

3. state the date services will be initiated, in consideration of PWN requirements, and the expected duration of the services and modifications.

H. Extended School Year (ESY) Services Determination of Services For students with disabilities, the IEP Team must annually determine and document a student’s need for extended school year (ESY) services. Students entitled to ESY services are those who require special education and related services in excess of the regular school year to maintain identified critical skills as described in the current IEP. The IEP Team in making its determination of a student’s need for ESY must review documentation that the student exhibits or may exhibit:

1. significant regression during an interruption in educational programming;

2. a limited ability to recoup or relearn skills once programming has resumed;

3. regression/recoupment problem(s) that interfere with the maintenance of identified critical skills as described in the current IEP; and 4. other factors that interfere with the maintenance of identified critical skills as described in the current IEP, including, but not limited to, predictive data, degree of progress, emerging skills and breakthrough opportunities, interfering behaviors, nature and/or severity of the disability, and special circumstances.

The lack of clear evidence of such factors may not be used to deny a student ESY services if the IEP Team determines the need for such services and includes ESY in the IEP.

Documentation of Services The type and length of the services the student requires is determined on an individual basis by the IEP Team. ESY services must consist of activities developed to maintain critical skills identified on the IEP developed for the academic year. The IEP Team must document the duration, number of hours per week, and physical location of the special education and related services to be delivered.

Services ESY services may not be limited to a particular category of disability or be unilaterally limited in the type, amount, or duration of those services and must be provided at no cost to the parent. The LEA must annually inform parents of students with disabilities of the availability of ESY services and of procedures and criteria for determining a student’s need for ESY services, and of the student’s right to refuse ESY services.

I. Statewide and LEA-wide Achievement Testing Students with disabilities participate at the grade level at which they are enrolled in all components of the W. Va. 126CSR14, Policy 2340, West Virginia Measures of Academic Progress (WV-MAP) under standard conditions or with accommodations based upon the criteria in either regular or alternate accountability assessments. These have been designed to allow a variety of test administration options in presentation, response, setting or timing/scheduling within Standard Conditions for All Students. The allowable testing accommodations are defined in the Participation Guidelines for West Virginia State Assessments and the test administration manuals.

Role of the Individualized Education Program (IEP) Team The IEP Team determines how the student participates in WV-MAP, including whether the student takes the General Summative Assessment or meets the criteria for participation in the WV Alternate Assessment and whether the student needs allowable accommodations to be assessed appropriately. The testing conditions and accommodations, as appropriate, are documented in the student’s IEP and WVEIS Special Education Student Information Record.

The parent, and the student if appropriate, must be involved in and informed of decisions regarding assessment participation. The implications of the decisions must be carefully explained to the parent and the student.

The IEP must specify under which of the following circumstances the student will participate in applicable statewide and LEA-wide assessments:

1. standard conditions for all students; or 2. with accommodations - specific and acceptable accommodations as defined in the Participation Guidelines for West Virginia State Assessments if needed for appropriate assessment of the student, must be listed in the IEP and the test/subtest to which each applies; or 3. West Virginia Alternate Assessment for students who cannot participate in the general summative assessment.

When the student participates in the regular accountability assessment the student will also participate in the other components of the WV-MAP. Accommodations needed for any statewide standardized accountability assessment or LEA assessment tests must be specified on the IEP and be acceptable accommodations. Accommodations indicated in the IEP must be provided and documented during test administration to verify appropriate assessment accommodations were implemented. Accommodation needs for statewide testing must align with documented and justified accommodations in the supplementary aids, services, and program accommodations, modifications and supports section and/or in the PLEPs section of the IEP and must be part of the daily instructional and assessment routines in the classroom.

J. Least Restrictive Environment (LRE) Considerations and Placement Decisions Least Restrictive Environment (LRE)

An eligible student must be educated with general education students in the general education classroom to the maximum extent appropriate. Removal from the general education environment occurs only when the nature or severity of the exceptionality is such that education in general classes and other settings with general education students cannot be achieved satisfactorily even with the use of supplementary aids and services. This requirement is known as the LRE. An appropriate LRE is one that enables the student to receive IEP services and make reasonable and appropriate gains toward goals identified in an IEP while supporting each student’s unique needs.

In determining an appropriate placement in the LRE, the IEP Team begins with the general education environment with supplementary aids and services. If the student’s IEP cannot be implemented in that environment with an expectation of reasonable and appropriate progress on and achievement of IEP goals, a placement on the continuum of placement options providing less education with students without disabilities may be considered. An eligible student is not to be removed from age-appropriate general education classrooms solely because of needed accommodations and modifications to the general education curriculum.

The IEP must explain the extent, if any, to which the student will not participate in the general education classroom, the general education curriculum, or extracurricular or other nonacademic activities and indicate the percentage of time in general and special education.

Participation in Nonacademic and Extracurricular Services and Activities: The IEP Team determines the supplementary aids and services appropriate and necessary for the student to participate with students without disabilities in nonacademic and extracurricular services and activities to the maximum extent appropriate. These services and activities may include, but are not limited to, meals, recess, field trips, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the LEA, referrals to community agencies, career development, and assistance in making outside employment available.

The IEP Team must consider the following when determining the LRE in which the IEP can be implemented.

1. LRE: A student receiving special education services is to be educated with age-appropriate non-exceptional peers to the maximum extent appropriate based on the IEP. The LRE decision focuses on with whom the student is educated rather than where the student is educated. This provision includes students placed in public or private institutions or other care facilities.

2. Basis of Placement: Placement decisions are made individually for each student. The services and placement needed by each student must be based on the student’s unique needs that result from the student’s disability or giftedness, not on the student’s category of exceptionality or the availability of placement options, services, staff, or space.

3. When to Make and Review Placement Decisions a. Placement decisions for a student are made after all previous sections of the IEP have been completed.

b. Placement is determined at least annually by the IEP Team.

4. Neighborhood School: A student with a disability must be enrolled in the school the student would attend if not disabled unless the IEP requires another location. If the student cannot be educated in the neighborhood school, the student must be provided an educational program as close to the student’s home as possible.

5. Similar-age Peers: In considering a setting outside the general education environment, the IEP Team must determine placement in environments, including classrooms and schools, with similar-age peers.

6. Harmful Effects of Placement: Consideration must be given to any potentially harmful effects of the placement on the student or on the quality of services.

7. Array of Services and a Continuum of Placement Options: The IEP Team must consider an array of services and a continuum of placement options to meet the individual needs of each student. The continuum of placement options includes those options listed in this section for students ages six through 21 and students ages three through five.

Placement Decisions In determining an appropriate placement for a student with an exceptionality in the LRE, the IEP Team must consider the student’s needs and the services required to meet those needs. The continuum of services for school-age and preschool students is described below. Regardless of placement, the student must be given access to the general education curriculum unless the IEP Team determines it to be inappropriate.

Placement Options for Students Ages Six Through 21 and Five-Year-Old Students in Kindergarten Educational time spent in age-appropriate community-based settings that include individuals with and without disabilities, such as college campuses or vocational sites, should be counted as time spent inside the general education classroom.

General Education: Full-Time (GEFT) - The student's specially designed instruction and related services are delivered inside the general education classes or integrated community settings for 80 percent or more of the school day. This may include students placed in:

1. general education class with special education/related services provided within the general education class;

2. general education class with instruction within the general education class and with special education/related services provided outside the general education class; or 3. general education class with special education services provided in a resource room.

General Education: Part-Time (GEPT) - The student's specially designed instruction and related services are delivered inside the general education classes or integrated community settings for no more than 79 percent of the school day and no less than 40 percent of the school day. This may include students placed in:

1. resource rooms with special education/related services provided within the resource room; or 2. resource rooms with part-time instruction in a general education class.

Special Education: Separate Class - The student's specially designed instruction and related services are delivered inside the general education classes or integrated community settings for less than 40 percent of the school day. This may include students placed in:

1. separate special classrooms with part-time instruction in a general education class; or 2. separate special classrooms with full-time special education instruction on a regular school campus.

For the purposes of compliance with W. Va. Code §18-20-11, video cameras are required in certain special education classrooms. A self-contained Special Education Classroom is defined as a classroom where students with the most significant disabilities with similar needs receive instruction in all academic subjects for at least 60 percent of the student’s time.

Special Education: Special School - The student's specially designed instruction and related services are delivered in public or private separate day school facilities. This includes students receiving special education and related services, at public expense, for greater than 50 percent of the school day in public or private separate schools. This may include students placed in:

1. public and private day schools for students with disabilities;

2. public and private day schools for students with disabilities for a portion of the school day (greater than 50 percent) and in regular school buildings for the remainder of the school day; or 3. public and private residential facilities if the student does not live at the facility.

Special Education: Out-of-School Environment - The student's specially designed instruction and related services are temporarily delivered in:

1. a non-school environment, such as a public library, group home, or mental health center;

2. a medical treatment facility/hospital; or 3. the home.

Special Education: Residential Facility - Provides 24-hour care and supervision, specially designed instruction, and related services; may also provide services to students with disabilities in:

1. public and private residential schools during the school week; or 2. public and private residential schools for a portion of the school day (greater than 50 percent) and in separate day schools or regular school buildings for the remainder of the day.

This does not include students who receive programming at the facility, but do not live there.

Special Education: Parentally-Placed in Private School - The student who is enrolled by the student’s parent in regular parochial or other private schools, whose basic education is paid through private resources, and whose specially designed instruction and related services, at public expense, are provided by the LEA under a service plan. This does not include students who are placed in private schools by the LEA.

Special Education: Correctional Facilities - The student's specially designed instruction and related services are delivered in correctional facilities. This includes all students receiving special education in:

1. short-term detention facilities (community-based or residential); or 2. correctional facilities.

Placement Options for Pre-School Students Ages Three Through Five Regular Early Childhood Program - The student is attending a regular early childhood program and receives specially designed instruction either in the regular early childhood environment or in another community setting. The early childhood programs include at least 50 percent students without disabilities and include, but are not limited to:

1. Head Start;

2. private preschools;

3. preschool classes offered to an eligible pre-kindergarten population by the public school system; and 4. group child care.

The educational environment categories within regular early childhood setting include:

1. the child attends a Regular Early Childhood Program at least 10 hours per week AND is receiving the majority of hours (at least 50 percent) of special education and related services in the Regular Early Childhood Program;

2. the child attends a Regular Early Childhood Program at least 10 hours per week AND the child is receiving the majority of hours of special education and related services in some other location;

3. the child attends a Regular Early Childhood Program less than 10 hours per week AND the child is receiving the majority of hours (50 percent or more) of special education and related services in the Regular Early Childhood Program; and 4. the child attends a Regular Early Childhood Program less than 10 hours per week AND the child is receiving the majority of hours (greater than 50 percent) of special education and related services in some other location.

Special Education Program - Special education programs include, but are not limited to, special education and related services provided in: special education classrooms: A special education program in a class with less than 50 percent nondisabled children. This includes classrooms in:

a. regular school buildings;

b. child care facilities;

c. hospital facilities on an outpatient basis; and d. other community-based settings. separate schools: Students who receive education programs in public or private day schools designed specifically for children with disabilities and do not attend an early childhood program. residential facilities: Students who receive education programs in publicly or privately operated residential schools or residential medical facilities on an inpatient basis and do not attend an early childhood program.

Home - The student receives some special education and related services in the principal residence of the student’s family or caregivers, including babysitters, and receives no services in an early childhood setting or in a special education setting. The student may receive some services in a service provider location.

Service Provider Location - The student receives all special education and related services from a service provider, does not attend an early childhood program or a special education program, and does not receive services in the home. Examples of service provider locations include, but are not limited to:

1. private clinicians’ offices;

2. clinicians’ offices located in school buildings;

3. hospital facilities on an outpatient basis; and 4. libraries and other public locations.

K. Consent for Initial Placement and Revoking Consent PWN and informed consent are required for the initial provision of special education and related services as described in the IEP. If the parent or adult student to whom rights have been transferred refuses initial consent, the LEA will not provide special education and related services to the student. The LEA documents reasonable efforts to obtain informed consent from the parent/adult student for the initial provision of special education and related services.

A parent/adult student may revoke consent for continued provision of special education and related services at any time. The revocation of consent must be in writing. The revocation of consent rule applies to revocation of all special education and related services. Consent cannot be revoked for a particular service. Within five days of receipt of the written revocation of consent, the LEA must provide PWN to the parent, and to the adult student, if applicable, that special education and all related services will cease.

When a parent/adult student refuses to respond to a request for or refuses consent to the initial provision of special education and related services:

1. the LEA must provide PWN containing all the required content of PWN and must fully inform the parent of the reasons the LEA believes the student should receive special education and the potential consequences of refusing services, such as implications for student achievement, graduation, discipline protections, and transition to post-school outcomes;

2. neither mediation nor a due process complaint may be used to attempt to obtain agreement or ruling that services be provided;

3. the LEA will not be in violation of the requirement to make FAPE available to the student or the requirement to provide special education and related services; and 4. the LEA will not be required to convene an IEP meeting or develop an IEP for the student.

Additionally, when consent for continued provision of special education and related services is revoked by the parent/adult student after the student has initially been provided services:

1. the LEA is not required to amend the student’s educational records to remove any references to the student’s receipt of special education and related services because of the revocation of consent;

2. the parent/adult student maintains the right to request initial evaluation. A subsequent request for the student to be re-enrolled in special education is treated as a request for initial evaluation; and 3. the LEA is not deemed to have knowledge that the student is a student with a disability, and the student may be disciplined as a general education student and is not entitled to Policy 2419 discipline protections.

L. Parent or Adult Student Disagreement Parent/adult student disagreements with the provision of a particular service, a change in placement, or other IEP components may be addressed by the IEP Team and the dispute resolution processes. If the IEP Team agrees a FAPE would be provided if the student does not receive the service or IEP provision in question, the IEP may be revised accordingly. If, however, the IEP Team and parent/adult student disagree regarding IEP provisions, the LEA provides PWN of the proposed or refused changes. The parent may use dispute resolution processes as defined in Chapter 11.

M. Following the Meeting At the conclusion of the IEP Team meeting, PWN and a copy of the IEP must be provided to the parent/adult student. Prior to the initiation of services, the LEA must ensure that the student’s IEP is accessible to each service provider who is responsible for its implementation, including but not limited to, each general education teacher (including teachers of music, musical education, art, and driver education, etc.), special education teacher, related service provider, and other providers. In addition, each teacher and provider must be informed of specific responsibilities related to implementing the student’s IEP and the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP. Teachers in whose class or program a student with exceptional needs is enrolled must participate in the meeting to develop the student’s IEP, or read and sign a copy of the student’s IEP acknowledging that they have read and understand the document and make modifications or accommodations for the student, if needed or identified, to help the student succeed in the class or program as specified in W. Va. Code §18-20-1c.

Section 3. IEP Reviews A. Annual Reviews Each student’s IEP must be reviewed at least annually, specifically once every 365 days. Meetings may be held any time throughout the school year, as long as the IEP is reviewed annually and is in effect at the beginning of each school year. Either at or after the annual review, written notice that the new IEP changes will be implemented must be provided to the parent/ adult student.

The IEP review includes the following purposes:

1. to determine whether the student’s annual goals have been achieved;

2. to revise the IEP if there is any lack of expected progress toward annual goals and in the general education curriculum, where appropriate;

3. to consider whether a reevaluation is necessary or to address the results of reevaluation;

4. to address information about the student provided to, or by, the parent or adult student; and 5. to address the student’s anticipated needs.

B. IEP Amendments In making changes to a student’s IEP after the annual IEP Team meeting for a school year, the parent/adult student and the LEA may agree, in writing, not to convene an IEP meeting for the purposes of making such changes, and instead, may develop a written document to amend the student’s current IEP. LEAs must document the changes made to the IEP on the IEP Amendment Form and provide a copy to the parents. The changes made during the amendment process must be incorporated into the Online IEP. The parent/adult student may request a copy of the revised IEP with the amendment incorporated. The annual review date remains the date of the original Online IEP. In accordance with W. Va. Code §18-20-1c, each service provider impacted by the changes must read and sign a copy of the student’s IEP. The amendment process should be used only when minor changes to the IEP are warranted. The need for more substantial changes should result in scheduling an IEP Team meeting.

C. Other IEP Reviews If the parent/adult student believes that the student is not progressing satisfactorily or that there is a problem with the current IEP, the parent/adult student may request an IEP Team meeting. The LEA will grant any reasonable request for such a meeting. If the LEA refuses to convene an IEP meeting requested by the parent/adult student, the LEA must provide PWN to the parent/adult student, including an explanation of why the LEA has determined the meeting is unnecessary.

If any other member of the IEP Team feels that the student’s placement or IEP services are not appropriate, that team member may request an IEP Team meeting.

Targeted IEP Meetings - A Targeted IEP review may be conducted when only a portion of an IEP requires review or modification (example: reviewing only the behavior PLEPs/goals/behavior plans of an IEP that also addresses academic areas). Conducting a Targeted IEP meeting does not change the Annual Review meeting date.

Section 4. IEPs for Transfer Students A. Transfer from a West Virginia School When a student with a current West Virginia IEP transfers schools within the same school year, and enrolls in a new school, the LEA must make reasonable efforts to consult with the parent within two school days of initial enrollment and to initiate a FAPE for the student within one school day of the parent consultation. FAPE includes services comparable to those described in the previously held IEP. Within 10 school days of the parent or adult student consultation, the LEA must adopt the previously held IEP or develop and implement a new IEP.

B. Transfer from an Out-of-State School When a student with a disability transfers from out-of-state to a West Virginia school within the same school year, and enrolls in a new school, and had an IEP that was in effect in that other state, the LEA must make reasonable efforts to consult with the parent within two school days of initial enrollment and to initiate a FAPE for the student within one school day of the parent consultation. A FAPE includes services comparable to those described in the previously held IEP. In consultation with the parent or adult student, the LEA temporarily adopts the previously held IEP until such time as the LEA conducts an evaluation, if necessary, determines eligibility, and develops and implements a new IEP, if appropriate.

Within two school days of enrollment, the receiving LEA must request records and supporting documents and any other records related to the provision of special education and related services from the sending LEA. If the LEA decides an evaluation is necessary to determine the transfer student’s eligibility under West Virginia eligibility criteria, the LEA must conduct the evaluation using the requirements and timelines for initial evaluation, including obtaining parental consent.

When an LEA receives an out-of-state IEP with platform-embedded assessment accommodations (e.g., text-to-speech), the receiving LEA must enter those accommodations in WVEIS using the Temporary Assessment Accommodations Entry System (TAAES) application. Once West Virginia eligibility for special education services has been determined, the LEA must remove the information previously entered in the TAAES program.

C. Transmittal of Records The LEA in which the student was previously enrolled must take reasonable steps to respond within one school day to the request for records from the new/receiving LEA. Parent consent is not required when transmitting records to an LEA in which the student seeks or intends to enroll.

Section 5. IEPs for Children from the WV Birth to Three Program A. Transition Planning for Children from WV Birth to Three The LEA should develop and have in effect an interagency agreement with the WVDHHR, the lead agency for the WV Birth to Three Program under Part C of the IDEA. The agreement will outline the obligations of each agency to ensure a smooth and effective transition of children assisted under Part C WV Birth to Three to programs serving students with developmental delays under Part B services implemented by LEAs. All LEAs are required to develop WV Birth to Three - Part C to B transition procedures in accordance with IDEA.

In the case of a child who may be eligible for services because of developmental delays, the LEA will participate in a transition planning conference with the parent that is arranged by the WVDHHR. With the parent’s agreement, the conference will be conducted at least 90 days and no more than nine months prior to the child’s third birthday to discuss eligibility requirements under Part B of the IDEA and any services the child may receive.

The WV Birth to Three has the responsibility to:

1. review the child’s program options for the period from the child’s third birthday through the remainder of the school year; and 2. establish a transition plan that includes steps to support the transition of the toddler with a disability to preschool services. The interagency agreement/transition procedures from Part C to B must outline the LEA’s participation in this process.

B. IEP Required A child who is transitioning from WV Birth to Three who is eligible as a student with a disability must have an IEP implemented by the child’s third birthday. If a child’s third birthday occurs during the summer, the IEP Team must determine the date when services under the IEP will occur.

C. Consent and Notice Requirements 1. Initial Provision of Special Education: Regardless of whether an LEA gains consent to evaluate or does not need to evaluate, when a student with a disability transitions from a Part C program, parental consent for the initial provision of special education and related services in a Part B program and written notice of the proposed IEP is required. Eligibility and initial placement must be documented for Part B services.

2. Release of Information: The LEA must obtain written parental consent for the release of information to obtain pertinent student records from non-educational agencies such as WVDHHR developmental disabilities programs, medical providers, day-care centers, and Head Start.

3. Assessments: At the transition planning conference, if further assessments are necessary to determine eligibility and the student’s present levels of performance, informed consent to evaluate is required. Parental consent for assessment under Part B is required even though the parent may have given consent earlier to Part C. Otherwise, only written notice to inform the parent of the LEA’s decision to use the current evaluation data and not to conduct any further assessments must be provided to the parent. The parent must also be informed of the parent’s right to request additional assessments.

D. Part C to B Transition Timelines Considerations The timelines for transition from WV Birth to Three to the local school LEA will not apply to an LEA if one of the following is documented:

1. the parent repeatedly fails or refuses to produce the student for an evaluation or otherwise interrupts the evaluation process;

2. the child transferred/moved out of LEA;

3. the delay was due to exceptional family circumstances including, but not limited to: the family rescheduling or canceling the IEP meeting due to sickness or unavailability of the parent and/or child; and extreme weather conditions or a natural disaster where the length of the delay in conducting the meeting is directly proportional to the duration and severity of the disruption caused by the extreme weather conditions or natural disaster; or 4. the child was referred to WV Birth to Three less than 90 days before the third birthday. When the child is referred to Part B by WV Birth to Three less than 90 days before the third birthday, the evaluation must be completed within 80 days of parent consent, even if the timeline exceeds the third birthdate. Every effort should be made to complete evaluation, eligibility, and the IEP, if applicable, by the third birthdate.

E. Child’s Status During Due Process Hearing Proceedings Following the development of an IEP, if an educational placement dispute arises involving a child transitioning from Part C to Part B, the child cannot stay put in Part C when the child is over the age of three. With written consent of the parent, the child must be placed in the public school until completion of all the hearing proceedings. If the parent does not give written consent, the student will not receive services until completion of the hearing proceedings.

F. Procedural Safeguards Notice A copy of the Procedural Safeguards Notice must be distributed annually to the parent/adult student. It is recommended that the Procedural Safeguards Notice be provided at the annual IEP meeting. Additional copies must be provided upon:

1. initial referral or parental request for evaluation;

2. the first occurrence of the filing of a due process or state complaint;

3. issuance of a disciplinary notice of suspension or expulsion resulting in a change of placement; and 4. the request of a parent/adult student.

Section 6. Students with Disabilities in Adult Prisons The following are exceptions for students with disabilities who are convicted as adults under West Virginia law and incarcerated in adult prisons.

1. The student will not participate in statewide assessments.

2. Transition planning and services do not apply if the student will remain in prison beyond the student’s 21st birthday.

The IEP Team may revise the student’s IEP and placement, regardless of the LRE requirements, if the state has demonstrated a bona fide security or other compelling penological interest that cannot be otherwise accommodated.

Chapter 6 ADMINISTRATION OF SERVICES Each LEA must provide the special education and related services necessary to implement each student's IEP. The United States Department of Education General Administrative Regulations (34 CFR §76.731) requires LEAs to maintain records to show compliance with the IEP.

Section 1. Initiation of Services A complete IEP must be in effect prior to the provision of special education and related services. For initial IEPs, services must be implemented as soon as possible. Short delays in the immediate initiation of services may occur when IEP Team meetings are held during the summer or a vacation period, or when arrangements for services, such as transportation, must be made. A short delay during the school year should not exceed 15 days. If the IEP Team determines the student needs extended school year and/or other services during the summer, these services must be provided, otherwise the implementation of the IEP will begin in the fall.

For a preschool student, the IEP must be in effect by the third birthday. If a child’s third birthday occurs during the summer, the IEP Team must meet to complete the IEP prior to the third birthday and to determine the date when services will be initiated. If the IEP Team determines the child needs extended school year and/or other services during the summer, these services must be provided once the child turns three years of age, otherwise the implementation of the IEP will begin in the fall.

A current IEP must be in effect at the beginning of each school year for each student receiving special education and related services. For a student transferring from another LEA or state, and in consultation with the parent/adult student, the LEA must initiate special education services comparable to those provided by the previous LEA until the current IEP is adopted or revised as specified in Chapter 5, Section 4, IEPs for Transfer Students.

Section 2. Provision of IEP Information The student's IEP must be accessible to each general education teacher, special education teacher, related service provider, and others responsible for its implementation. Each teacher and provider must be informed of specific responsibilities related to implementing the student's IEP and acknowledgement of receipt must be documented.

According to W. Va. Code §18-20-1c(a)(2), the general education teacher is entitled to a signed copy of the IEP for the student prior to the placement of the student into the general education classroom when the student's IEP requires an adjustment in either the curriculum, instruction, or service to be provided by the classroom teacher including modifications and supports, that must be provided for the student in accordance with the IEP.

The official IEP is the completed version of the IEP that is provided to the parent/adult student at the conclusion of the IEP team meeting. An electronic version of that IEP must be recorded in the online state approved IEP system. The IEP should be finalized, and each implementer should be given access to the document in the online IEP system at the conclusion of the IEP Team meeting. The online IEP must be finalized and each implementer must be given access to the IEP in the online IEP system within five days following the IEP Team meeting. This finalization and access will allow all IEP implementers the opportunity to review the information necessary for planning and delivery of educational services.

Section 3. Provision of Services The LEA must provide:

1. a continuum of service options to respond to the intensity and severity of student’s needs;

2. services in school facilities that serve age-appropriate non-disabled peers;

3. classrooms for eligible school age students with exceptionalities in close proximity to classrooms for age-appropriate non-disabled peers;

4. classrooms for eligible students with disabilities that are adequate and comparable to the classrooms for students without disabilities;

5. classrooms/facilities for eligible students who have physical and/or sensory impairment must comply with the requirements of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the specifications outlined in W. Va. Code §18-10F, et seq., the current Uniform Federal Accessibility Standards and W. Va. 126CSR172, Policy 6200, Handbook on Planning School Facilities;

6. transportation, specially designed, if necessary, for all students with disabilities in accordance with W. Va. Code §18-5-13 and WVBE policies governing transportation;

7. appropriate grouping of students with disabilities for specially designed instruction based upon meeting the students’ similar social, functional and/or academic needs, as specified in the students’ IEPs and without regard to identified disability; students receiving direct special education services for different content areas should not be grouped together within the same class period.

8. the opportunity for students with disabilities to earn the required credits for graduation;

9. daily monitoring of hearing aids or the external component of a surgically implanted devices, worn by students, in schools, in accordance with established procedures to assure they are functioning properly;

10. assistive technology devices or assistive technology services, or both, to a student with a disability if required as part of the student’s special education, related services, or supplemental services;

11. on a case-by-case basis, school-purchased assistive technology devices that may be located in a student’s home or in other settings if the student’s IEP Team determines that the child needs access to those devices to receive a FAPE; and 12. services for young children in the LRE which includes utilizing approved participating partners in West Virginia Pre-K. Socioeconomic level, ability, and/or funding streams should not be a deterrent to providing fully inclusive programs.

Section 4. Provision of Staff A. Personnel Each LEA must provide personnel as defined in Policy 5202 and set forth in the Every Student Succeeds Act (ESSA, 2016) and IDEA who are appropriately trained for the area(s) of exceptionality in which they have primary responsibility and adequate in number to implement the IEP of each eligible student in the LEA. Service personnel must be appropriately trained and supervised by qualified professionals.

As required by W. Va. Code §18-20-1c, an IEP may specify training for general education teachers to assist them in meeting the individual needs of exceptional students. This training may be provided through individual consultation or formal professional learning and must be provided by persons trained or certified to address the student's exceptional needs. In addition, general education teachers are entitled to training regarding the integrated classroom program and additional individualized training developed by the LEA, if requested, to prepare the teacher to meet the exceptional needs of individual students. Whenever possible, this training must be provided prior to students’ placement. Where prior consultation or training is not possible, it must be provided no later than 10 days following the placement of the student into the general education classroom. Unavoidable delays in the provision of training shall not result in the exclusion of a student from any class.

B. Adequate Staff It is the responsibility of the LEA to provide adequate staff in all learning environments to implement the IEP of each student. The number of students served in an instructional period and the assignment of paraprofessionals/aides must be determined based on the intensity of services required by the students. Teachers’ class lists and student schedules must be developed and monitored to ensure the implementation of IEP services. While qualified teachers and licensed therapists must design and provide initial or original instruction, support personnel can provide reinforcement and practice of previously taught skills or content. Additionally, support personnel may be required to provide assistance to students in response to specific needs related to:

1. significant cognitive and/or sensory impairments;

2. communication;

3. safety;

4. mobility;

5. personal care;

6. behavior;

7. medical/health; or 8. other unique circumstances.

Additional considerations when making staffing determinations include:

1. planning time;

2. data collection, observation, assessment, and report preparation;

3. consultation and IEP planning with general educators;

4. IEP management;

5. IEP Team meetings and meetings with parent(s);

6. age of the students because younger children require more assistance with personal tasks such as toileting, dressing, and feeding; and 7. travel time for itinerant personnel.

Staffing for Case Management/Procedural Accountability To ensure the provision of FAPE and adherence to procedural requirements, professional special education personnel may be assigned a group of students for whom they not only provide direct/indirect special education services but for whom they provide specific case management/procedural accountability duties. These duties may include sending parent notices, scheduling IEP meetings, reporting progress to parents, coordinating services, tracking timelines, and managing paperwork. The maximum number of students assigned to service providers, including both duplicated and unduplicated students, is as follows.

Maximum Limits for Case Management Assignments Teachers of students with developmental delays grades Pre-K through K 20 students with IEPs/See Class Size Requirement Below Teachers of the gifted/exceptional gifted Speech Therapists 50 (primary and related service)

Teachers of all other exceptionalities (including developmental delay grades K-2) 30/See Class Size Requirement for Instructional Period These are maximum limits within which the school/LEA administrator, in consideration of the teacher’s schedule and overall responsibilities, must determine the number of students assigned to specific teachers or providers.

Class Size Requirements for Instructional Period General educators and special educators, including speech language pathologists, work together to provide appropriate instruction for students with disabilities in all instructional environments. A general or special educator may provide direct instruction with the colleague educator providing consultation or modification of materials. The special educator should collaborate with the general educator on a consistent basis to provide support to the students and the general educator.

All West Virginia Pre-K classrooms, including special education classrooms, should to the extent practicable reflect the natural proportions of students with disabilities to those without disabilities within the school or community, but with no more than 10 students with disabilities per session. Pre-K classrooms are limited to no more than 20 students per session. Pre-K classrooms require at least two adults, one of whom is a teacher, regardless of the number of students being served. Policy 2510, section 9.f.c, details the maximum teacher-pupil ratios for Pre-K as requiring one Early Childhood Classroom Assistant Teacher (ECCAT) per classroom. The provision of additional support staff is determined based on student needs and the IEP. The teacher-student ratios for Policy 2419 and W. Va. 126CSR28, Policy 2525, West Virginia’s Universal Access to a Quality Early Education System, are maximum requirements; an LEA may enroll a smaller number of children in the classroom, if needed. Additionally, all Universal Pre-K classrooms, including special education classrooms, must provide a minimum of 35 square feet per student of usable indoor space for daily program activities, which may limit the number of children per classroom.

Integrated classrooms occur in general education when students with disabilities are provided required accommodations (see supplementary aids and services definition under Chapter 5, Section 2.G. Statement of Special Education and Related Services) while instructed exclusively by the general education teacher. Students with disabilities whose IEPs require an adjustment in either instruction or service to be provided by the general classroom teacher must approximate natural proportions. When integrated classrooms are established in the four core academic subjects, i.e., ELA, science, social studies, and mathematics, special education students requiring accommodations must not exceed 30 percent of the total class enrollment.

Co-taught classrooms is defined as two or more professionals delivering instruction designed to support an academically diverse or blended group of students in a single physical space. Co‑taught classrooms are those in which instructional responsibilities are shared between a special and general educator. Both teachers should be assigned to the classroom for the full duration of the instructional period. If co-taught classrooms are established in any of the academic subjects of ELA, science, social studies, or mathematics, no more than 50 percent of the total class enrollment can be students with disabilities requiring direct IEP services in that academic subject.

Special education classrooms for students with disabilities may receive special education services in special education environments. Special education staffing per instructional period is based on the student’s level of need, not the area of disability. Below are considerations to assist the LEA special education administrator or designee in determining the needs of the student as Level I, Level II, or Level III.

Students with Level I needs typically, but not exclusively, function within the school setting by:

1. receiving varying levels of assistance from a special educator during general education core academic classes or elective classes;

2. receiving small group instruction within special education classes;

3. taking the regular assessments under standard conditions or with accommodations;

4. participating in physical education classes independently;

5. participating in co-curricular or extracurricular activities independently;

6. receiving special education services in GEFT or GEPT;

7. using assistive technology to access West Virginia College- and Career-Readiness Standards;

8. working toward a regular diploma; or 9. participating in transition activities leading to a career technical education completer certificate, postsecondary education, military service, or employment.

9. receiving transition services that include coordination and linkages with the West Virginia Division of Rehabilitation Services and adult community providers.

Students identified with Level I needs may reflect varied levels of capacity across these areas:

1. cognition;

2. academic performance;

3. social interaction;

4. emotional/behavioral areas;

5. communication;

6. sensory abilities;

7. perceptual abilities;

8. motor abilities;

9. health/medical areas; and/or 10. other manifestations of the student’s disability.

Note: Close adult supervision may be provided on a temporary or occasional basis to students with Level I needs, who are experiencing unique medical needs, specific short-term difficulties, or when close adult supervision is being faded for students previously identified with Level II needs.

Students identified with Level II needs typically, but not exclusively, require services such as the following, to function within a school setting:

1. a modified curriculum with a focus on basic or functional academics and life skills;

2. close adult supervision in structured opportunities, when participating in general education classes, co-curricular, and/or extracurricular activities;

3. close adult supervision to maintain the safety of the student or others;

4. close adult instruction, assistance and/or supervision with the use of assistive technology, medical equipment, medical procedures, travel training, or mobility;

5. a wide array and/or intensity of related services;

6. a number of repetitive trials or opportunities to demonstrate skills along with frequent progress monitoring and record keeping;

7. transition activities that focus on vocational classes, supported employment, or community-based work exploration;

8. instruction until the age of 21; and/or 9. transition services that include coordination and linkage with the West Virginia Division of Rehabilitation Services and community providers.

Students identified with Level II needs have significant and comprehensive needs related to:

1. cognition;

2. academic performance;

3. functional performance;

4. social interaction;

5. emotional/behavioral areas;

6. communication;

7. sensory abilities;

8. perceptual abilities;

9. motor abilities;

10. health/medical areas; and/or 11. other manifestations of the student’s disability.

Students identified with Level III needs typically, but not exclusively, demonstrate those needs shown at Level II, as well as the needs, such as those shown below, to function within a school setting:

1. intense adult supervision across settings because the student poses a danger to oneself and/or to others;

2. intensive instruction, services, safety assistance, and supervision to learn and maintain skills that increase independence in activities of daily living; and 3. transition services that include coordination and linkages with the Office of Behavioral Health Services for Intellectual/Developmental Disabilities, (I/DD) Waiver Program, West Virginia Division of Rehabilitation Services, and adult community services and community use.

The following chart provides maximum class size for instructional periods by programmatic level and level of service needs for students with disabilities as determined and documented by the LEA special education administrator or designee.

Maximum Number of Students per Instructional Period Based on Level of Service Grade Span Early Learning Programs Grades K - 5 Middle Level Programs Grades 6 - 8 Secondary Level Programs Grades 9 - 12 Level I Service Needs Grades K-2 minimum staffing ratio of 1:6 Grades 3-5 minimum staffing ratio of 1:8 Level II Service Needs minimum staffing ratio of 1:6* minimum staffing ratio of 1:6* minimum staffing ratio of 1:6* * The stated ratio provides a minimum standard for instructional responsibility.

Level I Service Needs K-2 (1-6 students) and 3-5 (1-8 students): at least one special education teacher is required to provide instruction and direction for the students during an instructional period.

K-2 (7-12 students) and 3-5 (9-12 students): at least one special education teacher, and another qualified adult are required to provide instruction and direction for the students during an instructional period.

Level II Service Needs 1-6 students: at least one special education teacher is required to provide instruction and direction for the students during an instructional period. 9-12 students: at least one special education teacher and another qualified adult are required to provide instruction and direction for the students during an instructional period.

Level III Grade Span Early Learning Programs Grades K - 5 Middle Level Programs Grades 6 - 8 Secondary Level Programs Grades 9 - 12 Level III Service Needs 8 students with a minimum staffing ratio of 1:4** 8 students with a minimum staffing ratio of 1:4** 8 students with a minimum staffing ratio of 1:4** ** The stated ratio for Level III provides a minimum standard for instructional responsibility.

When student numbers exceed staffing ratios or appropriate percentage of special education students in co-taught or integrated classrooms, additional staff must be added or a waiver request must be submitted in writing to the WVDE. Waivers will be considered on a case-by-case basis, which may require an on-site visit, and will remain valid for the current school year only.

Level III Service Needs 1 to 4 students: at least one special education teacher is required to provide instruction and direction for the students during an instructional period. 5 to 8 students: at least one special education teacher and another qualified adult are required to provide instruction and direction for the students during an instructional period.

When students with different levels of service need are provided instruction in the same class, the minimum staffing ratio for the highest level of need applies. These ratios do not preclude the use of additional staff to support a student with Level II or Level III service needs. Staffing reflects both the standards as set forth in policy and the needs of the student as reflected on the IEP. Chapter 6, Section 4 requires each LEA to provide personnel in adequate numbers to implement the IEP of each eligible student in the LEA.

The following chart provides maximum class size for children with developmental delays, ages three through five.

Maximum Number of Students Per Classroom for Pre-K Children with Developmental Delays Program Maximum Students Per Classroom Staff Universal Pre-K with Students with IEPs * includes at least 50 percent of students without disabilities 20 students per classroom with limit of 10 students with IEPs*** 2 staff per classroom (1 teacher and 1 additional staff person) with no more than 8 students with IEPs 3 staff per classroom (1 teacher and 2 additional staff) required for 10 students with IEPs Special Education Pre-K * includes less than 50 percent of students without disabilities 8 students 1 teacher and 1 additional staff as specified earlier in this section 9-10 students 1 teacher and 2 additional staff as specified earlier in this section ***The stated number of students provides a maximum caseload amount, as specified in Chapter 5, Section 2.J: LRE Considerations and Placement Options.

Special education classroom for students with giftedness. - When gifted services are delivered in a special education setting, no more than 15 students may be scheduled in an instructional period.

Chapter 7 DISCIPLINE According to W. Va. Code §18A-5-1, Policy 2510, W. Va. 126CSR44U, Policy 2520.19, West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12, and W. Va. 126CSR79, Policy 3300, Charter Public Schools (Policy 3300), LEAs are required to incorporate and implement in the schools a preventive discipline program. For students with disabilities, the preventive discipline program must include a tiered system of support with Positive Behavior Interventions and Supports (PBIS). If a student’s behavior, regardless of the student’s disability, impedes the student’s learning or the learning of others, the IEP Team must consider the use of strategies, including positive behavioral interventions and supports, to address the behavior. If the IEP Team determines that such services or supports are needed, they must be included in the IEP and must be implemented.

Students with disabilities who are subject to disciplinary actions by an LEA are entitled to all the due process rights afforded students without disabilities under W. Va. Code §18A-5-1a. In addition to these rights, IDEA provides added procedures and safeguards for a student with a disability whom the LEA is considering removing for disciplinary reasons from the student’s current educational placement. The LEA must consider any unique circumstances on a case-by-case basis when determining whether a change of placement is appropriate for a student with a disability. However, these procedures do not prevent LEA personnel from maintaining a safe environment conducive to learning that is critical for all students.

Protected Students These protections are afforded to students with disabilities and students not yet eligible, if the LEA has knowledge that the student is a student with a disability before the behavior that precipitated the disciplinary action occurred. The LEA is deemed to have knowledge if one or more of the following is true.

1. The parent/adult student has expressed concern to LEA professional personnel that results in written documentation, that the student may need special education and related services.

2. The parent/adult student has requested in writing that the student be evaluated for special education.

3. The student’s teacher or other LEA personnel have expressed concern about a pattern of behavior demonstrated by the student directly to the director of special education or to other LEA supervisory personnel in accordance with the LEA’s established Child Find system and referral process.

Pursuant to Section 3.B of this chapter, these protections may apply if a request for an evaluation of a student who is not currently eligible for special education is made during the period in which the student is subject to disciplinary measures.

These protections are not afforded to students:

1. who are solely eligible under the category of gifted, and 2. when there is no basis of knowledge that a student has a disability because one or more of the following is true:

a. an evaluation was conducted and a determination was made that the student did not have a disability;

b. the parent/adult student did not give written consent for an evaluation; or c. the parent/adult student refused special education services.

If the LEA did not have a basis of knowledge that a student was a student with a disability prior to taking disciplinary measures, the student is subjected to the same disciplinary measures applied to all other students who engage in comparable behaviors.

Disciplinary Removals Disciplinary removals are out-of-school suspensions, expulsions, and placements in interim alternative educational settings (IAES). In determining the number of cumulative school days a student has been removed, consideration may be given to days of removal due to in-school suspensions, partial day suspensions, and bus suspensions. An in-school suspension is not considered a day of suspension for purposes of this chapter if the student is afforded the opportunity to continue to participate in the general curriculum, continue to receive services specified on the student’s IEP, and continue to participate with students without disabilities to the extent they would have in the student’s current placement. Portions of a school day that a student has been suspended may be considered a removal in regard to determining whether there is a pattern of removals that constitutes a disciplinary change of placement.

Whether a bus suspension counts as a day of suspension depends on whether the bus transportation is a part of the student’s IEP. If bus transportation is a part of the student’s IEP, a bus suspension must be treated as a disciplinary removal unless the LEA provides the bus service in some other way, because transportation is necessary for the student to obtain access to the location where services will be delivered. If bus transportation is not a part of the student’s IEP, a bus suspension is not a disciplinary removal. In these cases, the student and the student’s parent have the same obligation to get the student to and from school as a student without disabilities who has been suspended from the bus. However, the LEA should consider whether the behavior on the bus is similar to behavior in a classroom that is addressed in the IEP and whether the student’s behavior on the bus should be addressed in the IEP or in a behavior intervention plan.

Disciplinary Change of Placement A disciplinary change of placement is a removal from the student’s current educational placement for more than 10 consecutive school days or a series of removals that constitutes a pattern. A pattern is established when the series of removals totals more than 10 cumulative school days in a school year, the student’s behavior is substantially similar to the student’s behavior in the previous incidents that resulted in the series of removals, and additional factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another. Whether a pattern of removals constitutes a change of placement must be determined on a case-by-case basis by school personnel and must be documented on the Disciplinary Action Review Form (DARF). These determinations are subject to due process and judicial review.

After a student with a disability has been removed from the student’s current placement for a total of 10 school days in the same school year, during any subsequent day of removal the LEA must provide services to the student.

Policy 3300, section 9.4.b, states that, “Student expulsions from a charter school shall be approved by the governing board of the charter school. In accordance with federal law, students with disabilities must be provided procedural safeguards and due process rights and procedures in accordance with IDEA 2004 and WVBE Policy 2419.” Additionally, Policy 3300, section 9.4.c, continues with, “Students receiving out‑of-school suspensions from charter schools must still receive educational instruction and other legally required services during the term of their suspension.”

Section 1. LEA Actions When Removals Are Not Considered a Change of Placement School personnel may remove any student, including a student with a disability, for up to 10 consecutive school days in a school year if the student violates Policy 4373. During the initial 10 cumulative days of removal, services need not be provided to a student with a disability unless services are provided to students without disabilities. These removals must be applied to the same extent as they are applied to students without disabilities.

School personnel may remove a student with a disability for up to 10 consecutive school days per incident for separate acts of misconduct in a school year if the removals do not constitute a pattern resulting in a change of placement.

For each subsequent removal beyond 10 cumulative school days in a year that is not a change in placement, school personnel in consultation with at least one of the student’s teachers must determine the extent to which services are needed to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP. This consultation must be documented on the Disciplinary Action Review Form (DARF).

Section 2. LEA Actions When Considering a Disciplinary Change of Placement A manifestation determination is required if the LEA is considering removing a student with a disability from the student’s current educational placement for disciplinary reasons beyond 10 consecutive school days or more than 10 cumulative school days when the LEA deems that a pattern exists. A manifestation determination is a review of the relationship between the student’s disability and the behavior subject to disciplinary action. This review must be documented on the DARF. Whenever considering a disciplinary action that will result in a change of placement, the LEA must:

1. provide same-day written notice of the removal, PWN, and the procedural safeguards notice to the parent/adult student of the disciplinary action to be taken (parent/adult student must give prior approval for electronic notification); and 2. within ten school days of any decision to change placement, meet with the parent and relevant members of the IEP Team, as determined by the parent and LEA, to conduct a manifestation determination by reviewing all pertinent information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents to determine:

a. if the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability; or b. if the conduct in question was the direct result of the LEA’s failure to implement the IEP.

If the LEA, the parent, and relevant members of the IEP Team determine that either of the conditions described in a. or b. is met, the conduct must be determined to be a manifestation of the student’s disability, and the LEA must take immediate steps to remedy those deficiencies.

A. LEA Actions When Conduct is Determined to Be a Manifestation of the Student’s Disability The IEP Team must:

1. conduct a functional behavior assessment (FBA), unless an FBA was conducted before the behavior, which resulted in the change of placement, occurred;

2. develop and implement a behavior intervention plan (BIP), or review the existing BIP and modify, as needed, to address the current behavior(s); and 3. return the student to the placement from which the student was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the BIP.

B. LEA Actions When Conduct is Determined Not to Be a Manifestation of the Student’s Disability School personnel may apply relevant disciplinary procedures in the same manner for the same duration as the procedures applicable to students without disabilities, except as provided below.

1. Convene the IEP Team to determine the educational services to be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP; and 2. Provide, as appropriate, a FBA, and behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.

C. LEA Actions When a Behavior Violation Involves Weapons, Illegal Drugs, or Serious Bodily Injury School personnel may remove a student to an interim alternative educational setting (IAES) for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability if the student:

1. carries or possesses a weapon at school, on school premises, or at a school function; or 2. knowingly possesses, carries, or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function; or 3. inflicts serious bodily injury to another person at school, on school premises, or at a school function.

LEAs must use the following definitions when removing students due to the special circumstances listed above.

1. Weapon - a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does NOT include a pocket knife with a blade of less than 3½ inches in length W. Va. Code §61-7-2.

2. Illegal drug a controlled substance, a drug, or other substance identified under schedules I, II, III, IV or V in §202(c) of the Controlled Substance Act (21 U.S.C. §812 (c)). An illegal drug does not include a controlled substance that is legally possessed or used under the supervision of a licensed health care professional or used under any other authority under that Act or under any other provision of federal law.

3. Serious bodily injury - a bodily injury that involves:

a. a substantial risk of death;

b. extreme physical pain;

c. protracted and obvious disfigurement; or d. protracted loss or impairment of the function of the bodily member, organ, or mental faculty.

The IAES must enable the student to receive educational services and participate in the general education curriculum, although in another setting, and to progress toward meeting the goals established in the student’s IEP. As appropriate, an FBA, behavioral intervention services, and modifications to address the behavior violation, so that it does not recur, shall be conducted and implemented.

D. FAPE Requirements in an Interim Alternative Educational Setting (IAES)

If the student’s placement will change to an IAES, the IEP Team must create/select an IAES that enables the student to:

1. continue to receive education services to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals established in the student’s IEP; and 2. receive, as appropriate, an FBA and behavioral intervention services to address the behavior violation so that it does not recur.

Section 3. Additional Disciplinary Considerations A. Requesting an Expedited Hearing An expedited hearing is a hearing conducted by a WVDE-assigned special education due process hearing officer that occurs within 20 school days of the request with a decision rendered within 10 school days of the hearing.

An expedited due process hearing may be requested if:

1. the parent/adult student disagrees with:

a. the manifestation determination decision;

b. any decision of the IEP Team regarding a change of placement during a disciplinary proceeding; or c. the decision regarding the student’s placement in an IAES; or 2. the LEA believes that maintaining the current placement is substantially likely to result in injury to the student or to others.

In an expedited hearing, the due process procedures described in Chapter 11, Section 4, will be used with the following exceptions.

1. A resolution session meeting must occur within seven days of the date of the receipt of the due process complaint by the WVDE unless mutually waived by both parties.

2. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of receipt of the due process complaint.

3. Time periods for disclosure of evidence and evaluations and recommendations based on those evaluations must not be less than five business days prior to the hearing.

4. The hearing must occur within 20 school days of the date the hearing is requested and must result in a determination within ten school days after the hearing with no extensions permitted.

5. The student remains in the IAES pending the decision of the hearing office or until the expiration of the time period provided (no more than 45 days), whichever comes first, unless the parent/adult student and school personnel agree otherwise.

In making a determination in an expedited hearing, the due process hearing officer may:

1. return the student to the placement from which the student was removed; or 2. order a change in placement of a student with a disability to an appropriate interim alternative educational setting (IAES) for not more than 45 days if the LEA believes maintaining the current placement of the student is substantially likely to result in injury to the student or others.

2. after an initial placement in an IAES has concluded, and if the LEA believes that returning the student to the original placement is substantially likely to result in injury to the student or to others, another hearing request may be filed and the hearing officer may redetermine either option 1 or 2 above.

A decision of a hearing officer in an expedited hearing may be appealed to federal or state district court.

When a request for an expedited hearing has been made, the student must remain in the IAES pending the decision of the hearing officer or until the expiration of the disciplinary removal, whichever occurs first, unless the parent and the state education agency (SEA) or LEA agree otherwise.

B. Requesting an Evaluation for a Disciplined Student If a request for an evaluation of a student who is not currently eligible for special education is made during the period in which the student is subject to disciplinary measures, the evaluation must be conducted in an expedited manner. Pending the results of the evaluation, the student remains in the educational placement determined by LEA officials, which can include suspension or expulsion without educational services if services cease for students without disabilities.

1. If the student is subsequently determined to be eligible for special education, the LEA will immediately:

a. convene an IEP Team meeting to develop an IEP; and b. conduct a manifestation determination.

1. If the behavior was caused by or had a direct and substantial relationship to the student’s disability, the disciplinary action must be set aside, and the student must be provided appropriate educational services in the LRE.

2. If the behavior was not caused by or did not have a direct and substantial relationship to the student’s disability, the student is subject to the disciplinary action as determined by school personnel, but is still entitled to receive a FAPE, which must be defined by the IEP Team. Educational services cannot cease for more than 10 cumulative school days in a school year. Educational services must be provided to the extent necessary to allow the student with a disability access to the general education curriculum and the opportunity to advance toward achieving the goals set out in the student’s IEP.

2. If the evaluation team determines that the student is not a student with a disability and is not eligible for special education, the student will be subject to the same disciplinary actions as all other students without disabilities who engage in comparable behaviors.

C. Referrals to and Action by Law Enforcement and Judicial Authorities The LEA may report a crime committed by a student with a disability to appropriate authorities. The IDEA does not prevent state law enforcement or judicial authorities from exercising responsibilities, with regard to the application of federal and state law, for crimes committed by a student with a disability.

If a student brings a firearm to school, law enforcement must be contacted pursuant to LEA policy, Policy 4373, and W. Va. Code §18A-5-1a.

If the LEA reports a crime, it will ensure that copies of the special education and disciplinary records of the student are provided to the appropriate law enforcement authorities for consideration, to the extent the release of records is permitted by the FERPA and Policy 4350. Generally, the release of records requires parent or adult student consent.

D. Transfer of Discipline Records W. Va. Code §18A-5-1a(l)(1-3) requires that when a student transfers to a new school in West Virginia, the principal of the school from which the student transfers must provide to the principal of the school to which the student transfers written record of any disciplinary action taken against the student. Policy 4350 describes the procedures and record requirements for transfer of records between West Virginia schools.

Chapter 8 PRIVATE SCHOOL STUDENTS

Section 1. Definitions of Private School Placements In order to describe the LEA’s responsibilities for serving private school students, it is helpful to distinguish three separate ways that students are placed in private schools. These are defined by who enrolls or places the student in a private school and why.

A. Definition of Voluntary Enrollment by a Parent Parents may choose to enroll a child in a private school for a variety of personal reasons, such as to obtain a religious education, to attend a school with a particular philosophy or curriculum, or because the parent is dissatisfied with the services offered or provided by the LEA. This is considered a voluntary enrollment.

B. Definition of LEA Placement At times, the LEA may place a student in a private school or facility to fulfill its obligation to provide FAPE. These placements are always made by an IEP Team in accordance with the requirements of Section 3 of this chapter.

C. Definition of Unilateral Placement by a Parent Parents may withdraw a student with a disability from a public school and then enroll the student in a private school or provide services from a private provider at parent expense because the parent believes the LEA has not provided FAPE in a timely manner. In this case, the parents may be seeking reimbursement for the costs associated with the placement. This is considered a unilateral placement. All students who are unilaterally placed are also voluntarily enrolled in a private school. Specific information regarding a parent’s request for reimbursement of costs of a unilateral placement is included in Section 4 of this chapter.

Section 2. Students Voluntarily Enrolled by a Parent To the extent consistent with the number and location of students with disabilities who are enrolled by the student’s parents in private, including religious, elementary, and secondary schools located in the LEA, provision is made for the participation of those students in IDEA, Part B special education and/or related services as determined through a consultation process. The extent of services provided through IDEA, Part B funds is determined based on the number and location of the students enrolled in private schools in the LEA.

A. Child Find The LEA must have an ongoing Child Find system to locate, identify, and evaluate all students with disabilities ages three through 21 residing and/or educated in a private school, including a religious school, within the LEA’s geographic boundaries regardless of the student’s residency.

The Child Find process must ensure the equitable participation of parentally-placed private school students with disabilities and include activities similar to Child Find activities for public school students including comparable timelines for the evaluation process. The LEA must consult with private school representatives and representatives of parents who place their children in private schools regarding the Child Find procedures.

B. Annual Count of Eligible Students The LEA must conduct an annual count of the number of parentally-placed private school students with disabilities on December 1. This count will be used to determine the amount of funds the LEA must expend to provide special education and related services to private school students in the next fiscal year in accordance with Section 2 of this Chapter. The LEA must consult with representatives of private school students to determine how to conduct the count. All eligible parentally-placed private school students are counted, regardless of whether they are receiving services. Each LEA must maintain and provide the WVDE a record of the number of students evaluated, the number of students determined to be students with disabilities, and the number of students receiving services under a Service Plan.

C. Consultation To ensure timely and meaningful consultation, an LEA must consult with private school representatives and representatives of parents of parentally-placed private school students with disabilities during the design and development of special education and/or related services for the students, including the following:

1. Child Find: The Child Find process and how parentally-placed private school students suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process.

2. Proportionate Share of Funds: The determination of the proportionate amount of federal funds available to serve parentally-placed private school students with disabilities, including the determination of how the amount was calculated.

3. Consultation Process: The consultation process among the LEA, private school officials, and representatives of parents of parentally-placed private school students with disabilities, including how such process will operate throughout the school year to ensure that parentally-placed private school students with disabilities identified through the Child Find process can meaningfully participate in special education and/or related services. LEAs should keep accurate records of all attempts to complete the consultation process, including telephone calls, emails, site visits, etc.

4. Provision of Special Education and Related Services: How, where, and by whom special education and/or related services will be provided for parentally-placed private school students with disabilities, including a discussion of:

a. types of services, including direct services and alternate service delivery mechanisms;

b. how the services provided will be evaluated;

c. how such services will be apportioned if funds are insufficient to serve all students; and d. how and when these decisions will be made.

5. Written Explanation by the LEA Regarding Services: How, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the LEA will provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.

6. Written Affirmation: When timely and meaningful consultation has occurred, the LEA must obtain a written affirmation signed by the representatives of participating private schools. If the representatives do not provide the affirmation within a reasonable period of time, the LEA must forward the documentation of the consultation process to the WVDE.

D. Determining the Proportionate Funding for Private School Students IDEA requires school LEAs to use a proportionate share of funds received under Part B to provide services for parentally-placed students with disabilities who attend private schools within the boundaries of the LEA, regardless of the student’s place of residence. To determine this proportionate amount, the LEA must first determine the number of these private school students through the Child Find activities developed in the consultation process.

The number of parentally placed private school students who are found eligible as a student with a disability as of December 1 of the previous year is divided by the total (public and private) number of students with disabilities in the LEA to arrive at the percentage of private school students with disabilities. This percentage is then applied to the total funding received by the LEA under Part B, Section 611 and Section 619 to determine the LEA’s obligation.

1. State and local funds may supplement but may not supplant the proportionate amount of federal funds required to be expended for parentally-placed private school students with disabilities.

2. The costs of private school consultations and of carrying out Child Find activities, including individual evaluations, may not be paid from the proportionate share of funds.

3. The cost of any special education or related service, such as direct service, consultation, equipment, materials, or transportation may be used to determine that the LEA has satisfied its expenditure requirement for private school students with disabilities.

4. If an LEA has not expended for equitable services all the funds described in the expenditure requirements by the end of the fiscal year, the LEA must obligate the remaining funds for special education and related services to parentally-placed private school students with disabilities during a carry-over period of one additional year.

E. Expenditure Requirements 1. The LEA must control and administer the IDEA, Part B funds used to provide special education and related services for parentally-placed private school students with disabilities.

2. The LEA may place equipment and supplies that are purchased with Part B funds in a private school for a period of time needed for a program for eligible students with disabilities; however, the LEA must:

a. retain title and exercise continuing administrative control over all equipment and supplies;

b. ensure that all equipment and supplies are used only for Part B purposes;

c. ensure that all equipment and supplies can be removed without remodeling the private school; and d. remove equipment and supplies if no longer needed or if necessary to prevent unauthorized use.

3. The LEA may use Part B funds to pay an employee of a private school to provide services to students with disabilities with a Service Plan when the employee performs the services:

a. outside of the regular hours of duty; and b. under public supervision and control.

4. An LEA may use IDEA Part B, Section 611 and Section 619 funds to make public school personnel available in other than public facilities to the extent necessary to implement the students’ Service Plans and if those services are not normally provided by the private school.

5. Part B, Section 611 and Section 619 funds must not be used to:

a. finance the existing level of instruction in the private school or otherwise benefit the private school;

b. meet the needs of the private school; or c. meet the general needs of students enrolled in the private school.

6. Part B, Section 611 and Section 619 funds must not be used for repairs, remodeling, or construction of private school facilities.

7. Part B, Section 611 and Section 619 funds must not be used for classes that are organized separately on the basis of school enrollment or religion if the classes are on the same site and include students enrolled in public and private schools.

F. Determination of Services Decisions about services provided to a private school student with a disability must be made in accordance with the consultation requirements in Section C.

1. Following consultation with the private school representatives, the LEA will make final decisions with respect to services to be provided. Annual consultation is required to make these decisions. The period between consultations may vary based on circumstances within the LEA, such as significant changes in the total amount of funds to be expended and/or the number and location of private school students with disabilities.

2. If a student is designated to receive services, the LEA must initiate and conduct meetings to develop, review, and revise a Service Plan for the student. A team composed of the same members required for IEP Teams must develop the Service Plan. In addition, the LEA must ensure that a representative of the religious or other private school attends the meeting. If the representative cannot attend, the LEA must use other means to ensure participation, including individual or conference telephone calls. The Service Plan must describe the specific special education and/or related services that will be provided to the student considering the determinations that have been made by the LEA.

If parents make clear their intention to keep their eligible child enrolled in the private elementary or secondary school located in another LEA, the LEA where the student resides need not make FAPE available.

G. Provision of Services 1. Private school students with disabilities may receive a different amount of services than public school students with disabilities; they are not entitled to every service or the amount of service that they would receive if enrolled in public school. This means that it is possible for a private school student to receive only a related service or piece of equipment, as determined through the consultation process.

2. Each student receiving services must have a Service Plan that describes the specific special education and/or related services the LEA will provide consideration the services the LEA determined, through the consultation process, it will make available.

3. To the extent appropriate, the LEA must initiate and conduct meetings to develop, review, and revise Service Plans consistent with the requirements for developing an IEP as outlined in Chapter 5.

4. The LEA must ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the LEA must use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

5. Services must be provided by employees of the LEA or through contract by the LEA with an individual, association, agency, organization, or other entity.

6. Special education and related services, including materials and equipment, must be secular, neutral, and nonideological.

7. Services may be provided on the premises of private, including religious, schools, to the extent consistent with law. 8 Services provided to private school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools.

8. If necessary for a private school student to benefit from or participate in the services the LEA has selected to provide, the LEA must provide transportation from the student’s school or home to the site where services will be provided. The LEA must take the student back to either the private school or the home, depending on the timing of the services. Transportation costs may be included in the LEA’s expenditure requirement. The LEA is not required to transport the student from home to the private school.

H. Content of a Service Plan Given the services that the LEA has elected to provide to private school students, the Service Plan must meet the requirements of the IEP to the extent appropriate (see Chapter 5). The Service Plan excludes elements that, although typical for an IEP, would be inappropriate given the services the LEA has elected to provide.

I. Dispute Resolution A private school official has the right to submit a state complaint to the WVDE that the LEA did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the private school official. Parents of private school students and private school officials may challenge decisions regarding equitable services by filing a formal state complaint with the WVDE in accordance with procedures outlined in Chapter 11. If the private school official submits a state complaint, the private school must provide the basis of the non-compliance to the WVDE. The LEA will forward the appropriate documentation to the WVDE. If the private school official is dissatisfied with the decision of the WVDE, the official may submit a complaint to the Secretary of the United States Department of Education by providing the basis of the complaint against the LEA to the Secretary, and the WVDE will forward the appropriate documentation to the Secretary.

If a parent files a state complaint, even if the complaint concerns a matter for which the due process procedures are not otherwise available, the state complaint procedures must provide the parent the opportunity to voluntarily engage in mediation to resolve the matter.

Parents of private school students may only file a due process complaint on Child Find requirements. The due process complaint request must be filed with the LEA in which the private school is located, and a copy must be forwarded to the WVDE.

Section 3. Students Placed by the LEA When the LEA, through the IEP Team, places a student with a disability in a private school or facility, the LEA must ensure the following: a meeting is initiated and conducted to develop an IEP for the student; all special education procedures and timelines are followed; special education and related services are provided in accordance with an IEP; a representative of the private school or facility attends the meeting to develop the IEP or other methods are used to ensure participation by the private school or facility, including individual or conference telephone calls if the representative cannot attend; the responsibility for reviewing and revising IEPs remains with the LEA; services are provided at no cost to the parent, including reimbursement to the parent for transportation and other costs associated with participation at an IEP meeting conducted in a geographical area outside the jurisdiction of the LEA; the placement in the private school or facility is the LRE for that student; the student is provided an education that meets state and LEA standards; the student is afforded the same rights as students with disabilities who attend public schools. The parent is afforded the same rights as parents of students attending public schools; and 10. even if a private school or facility implements a student's IEP, responsibility for compliance with this part remains with the LEA and the WVDE.

At the discretion of the LEA, once a student with a disability enters a private school or facility, meetings to review and revise the IEP may be initiated and conducted by the private school or facility. If the private school conducts a meeting, the private school must notify the LEA and the LEA must ensure that the parent and an LEA representative are involved in and agree to any proposed changes in the IEP before the changes are implemented.

Prior to placing a student with a disability in a private school or facility outside of West Virginia, the LEA must document the following:

1. FAPE cannot be provided within the LEA, within the region, or within the state;

2. more than one private school or facility was investigated in regard to the feasibility of providing services;

3. the selected private school or facility has approved status in the state in which it is located, and assurances were provided that the school or facility meets the requirements of the IDEA;

4. a current and complete IEP has been developed; and 5. a current signed contract between the LEA and the private school or facility exists.

Section 4. Unilateral Placement by a Parent A. General Provisions for Reimbursement 1. The LEA is not required to pay for costs of tuition, special education, or related services at a private school or facility for a student who was unilaterally placed there by a parent if the LEA made a FAPE available to the student in a timely manner. However, the student is included in the population considered for services through the consultation process for parentally-placed private school students to the extent applicable. One way for the LEA to document that a FAPE was available is to have developed or reviewed an IEP for a student who has been evaluated and found eligible. If a parent disagrees with the availability of a FAPE and there is a question about financial responsibility, the parent may file a due process complaint.

2. If the parent of a student with a disability, who previously received special education and related services from the LEA, enrolls the student in a private elementary or secondary school without the consent of the LEA, a court or hearing officer may order the LEA to reimburse the parent for the costs of unilaterally placing the student in a private school if the court or a hearing officer determines that:

a. the LEA had not made a FAPE available to the eligible student in a timely manner prior to the time the parent enrolled the student in the private school; and b. the private school placement is appropriate.

3. A hearing officer may find a student’s placement in a private school or facility by a parent appropriate even if the private school or facility does not meet state standards.

B. Denial or Reduction of Reimbursement A court or hearing officer may reduce or deny reimbursement to a parent for the cost of a unilateral placement in a private school or facility under the following circumstances.

1. Prior to removal of the student from the public school, the LEA informed the parent of its intent to evaluate the student, including a statement of the purpose of the evaluation that was appropriate and reasonable, but the parent did not make the student available for the evaluation.

2. A judicial decision finds unreasonableness with respect to the actions taken by the parent.

3. The parent did not inform the LEA in writing that the parent rejected the placement proposed by the LEA to provide FAPE and did not state the parent’s concerns and intent to enroll the student in a private school. This written notification by the parent must be provided to:

a. the IEP Team at the most recent IEP meeting prior to removing the student from the public school; or b. the LEA, in writing, at least 10 business days, including any holidays that occur on a business day, prior to removing the student from public school.

Reimbursement must not be reduced or denied under any of the following circumstances.

1. The LEA did not notify the parent of the parent’s obligation to provide the notice set forth in number three above.

2. The school prevented the parent from providing notice.

3. The LEA’s proposed placement would likely result in physical harm to the student.

Reimbursement must not be reduced or denied for the parent’s failure to provide the notice referenced above, at the discretion of the court or hearing officer, if:

1. the parents are not literate or cannot write in English; or 2. the reduction or denial of reimbursement would likely result in serious emotional harm to the student.

Chapter 9 GENERAL SUPERVISION AND ACCOUNTABILITY FOR PERFORMANCE AND COMPLIANCE

Section 1. General Supervision A. Responsibilities of the West Virginia Board of Education (WVBE)

The WVBE establishes policies and ensures that procedures are in effect to provide a FAPE to all students with exceptionalities in accordance with state and federal laws and regulations. The WVBE ensures the West Virginia Department of Education (WVDE) implements the general supervision of all programs and services for eligible students with exceptionalities and that all services meet state standards and the requirements of IDEA. All LEA and state operated programs and the education of all students with exceptionalities residing within the state are under the general supervision of the WVBE and WVDE.

The WVBE has primary responsibility to:

1. establish regulations pertaining to the education of all eligible students with exceptionalities in the state;

2. establish standards pertaining to the education of all eligible students with exceptionalities in the state;

3. establish regulations to protect student and parent rights as they pertain to the education of all eligible students with exceptionalities in the state;

4. ensure that eligible students with exceptionalities in the state, including individuals in residential institutions and private schools, receive an education in accordance with state and federal laws;

5. establish certification requirements for personnel providing educational and related services to eligible students with exceptionalities;

6. approve allocations and disburse state and federal funds designated for the education of eligible students with exceptionalities;

7. administer education programs, including programs providing special education and related services for students with exceptionalities, in the state’s correctional institutions in accordance with applicable state and federal laws and regulations;

8. adopt the National Instructional Materials Accessibility Standard (NIMAS) for purposes of providing instructional materials to persons with blindness or other persons with print disabilities in a timely manner after publication of the NIMAS in the Federal Register; and 9. work collaboratively, to the maximum extent possible, with the state agency responsible for assistive technology programs.

B. Responsibilities of the West Virginia Department of Education (WVDE)

The WVDE has the primary responsibility for administering the requirements of the IDEA and W. Va. Code §18-20-2 and ensuring a FAPE for students with exceptionalities. The WVDE has a primary leadership role in developing quality educational services for eligible students with exceptionalities in the state, providing guidance in the implementation of WVBE policies and regulations governing the education of eligible students with exceptionalities, and providing direction and assistance for special education services in the state. General supervision responsibilities of the WVDE include administration of funding, monitoring, and supervision of LEA implementation and implementation of interagency agreements to ensure collaboration among agencies serving students with exceptionalities.

The WVDE is responsible for ensuring the following.

1. The requirements of IDEA, Part B are implemented.

2. Each educational program for students with exceptionalities administered within the state, including each program administered by any other state or local agency, is under the general supervision of the WVDE and meets the education standards of the WVDE (including the requirements of IDEA, Part B).

3. Policies and procedures implementing the state monitoring and enforcement requirements of IDEA are in effect.

4. Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) requirements are met in the provision of special education services to homeless students.

5. The West Virginia Advisory Council for the Education of Exceptional Children is supported to provide guidance with respect to education and related services for students with exceptionalities in the state.

6. Policies and procedures are in place to prevent inappropriate over identification or disproportionate representation by race and ethnicity of students as students with disabilities.

a. Data are collected and examined to determine if significant disproportionality based upon race and ethnicity is occurring in the state and the LEAs with respect to:

1. the identification of students as students with disabilities, including those with a particular impairment;

2. the placement in particular educational settings of these students;

3. the incidence, duration, and type of disciplinary actions, including suspensions; and 4) expulsions.

b. When a significant disproportionality in identification or placement is determined to exist:

1. a review of the policies, practices and procedures is conducted, and, if appropriate, the policies, practices and procedures used in the identification or placement are revised to ensure that the policies, practices, and procedures comply with the requirements of the Act;

2. the LEA is required to use the required amount of Part B funds to provide early intervening services to students in the LEA, particularly, but not exclusively, to students in those groups that were significantly over identified; and 3) the LEA is required to publicly report on the revision of policies, practices, and procedures described in b.1 above.

7. The necessary procedures are developed, including guidelines, forms and instruments to implement WVBE policies and state and federal laws governing the education of students with exceptionalities.

8. A practical method is developed and implemented to determine which students are currently receiving needed special education and related services.

9. Teachers and administrators in all LEAs are fully informed about responsibilities for implementing LRE requirements and are provided with technical assistance and training necessary to assist them in this effort.

10. LRE is effectively implemented for students in private or public institutions, including, if necessary, making arrangements such as memoranda of agreements or special implementation procedures.

11. Copies of applicable standards are disseminated to each private school and facility to which an LEA has referred or placed a student with a disability.

12. The implementation of all special education programs, including IEP and LRE requirements, for all eligible students with exceptionalities in the state, including students placed in residential institutions and private schools, incarcerated youth, and students with disabilities who are convicted as adults under state law and incarcerated in adult prisons, is monitored through procedures such as written reports, on-site visits, and parent questionnaires to assure the compliance with federal laws and regulations, state laws, policies, standards, and regulations.

13. If there is evidence that an LEA makes placements that are inconsistent with LRE requirements, the WVDE conducts a review of the LEA’s justification for its actions and assists in planning and implementing any necessary corrective actions.

14. Data, including data disaggregated by race and ethnicity, are examined to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of students with disabilities. If discrepancies are occurring, a review of the LEA’s policies, practices, and procedures relating to the development and implementation of IEPs is conducted; if appropriate, policies, practices, and procedures may be revised to include the use of positive behavior interventions and supports, and procedural safeguards, to comply with IDEA.

15. Direct educational services are provided, including special education and related services for students with exceptionalities, in the state’s correctional institutions in accordance with written procedures developed to implement applicable state and federal laws and regulations.

16. An opportunity is provided for those private schools and facilities to participate in the development and revision of state standards that apply to them in the provision of services to students with disabilities.

17. Assistance is provided to LEAs in the development and/or modification of educational programs of study to meet the needs of students with exceptionalities in early, middle, secondary, and adult education.

18. Statewide planning for educational services for eligible students with exceptionalities is completed.

19. The WVDE participates in the development and provision of programs for the training of educational personnel related to special education issues and services.

20. Liaisons are established with:

a. other state and regional agencies, parent and professional organizations, and private agencies serving students with exceptionalities;

b. colleges and universities preparing personnel to work with students with exceptionalities; and c. federal projects and national agencies which provide services for students with exceptionalities.

21. LEAs, parents, and other agencies are informed of the content and implications of regulations and state and federal laws pertaining to the education of eligible students with exceptionalities.

22. Each LEA establishes, maintains, and implements procedural safeguards that meet the requirements of IDEA.

23. Methods for the provision of services are prescribed as follows.

a. An interagency agreement or other mechanism for interagency coordination is in effect between each non-educational public agency described in paragraph b. and the WVDE that are needed to ensure FAPE is provided, including the provision of these services during the pendency of any interagency dispute referred to below. The agreement or mechanism must include the following:

1. an identification of, or a method for defining, the financial responsibility of each agency, including the state Medicaid agency and other public insurers of students with exceptionalities, for providing any services that are also considered special education or related services. The financial responsibility of each non-educational agency must precede the financial responsibility of the LEA or the state agency responsible for developing the student's IEP;

2. the conditions, terms, and procedures under which an LEA must be reimbursed by other agencies;

3. procedures for resolving interagency disputes from other agencies or otherwise implement the provisions of the agreement or mechanism; and 4) policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of any services that are also considered special education.

b. If any public agency other than an educational agency is otherwise obligated under federal or state law, or is assigned responsibility under state policy or pursuant to paragraph a. of this section, to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services relating to assistive technology devices, assistive technology services, supplementary aids, supplementary services, related services, transition services) that are necessary for ensuring FAPE to students with disabilities within the state, the public agency must fulfill that obligation or responsibility, either directly or through contract or other arrangement.

c. Ensure that a non-educational public agency described in paragraph b of this section may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.

d. Ensure that if a public agency other than an educational agency fails to provide or pay for the special education and related services described in paragraph b of this section, the LEA or state agency responsible for developing the student's IEP must provide or pay for these services to the student in a timely manner. The LEA or state agency may then claim reimbursement for the services from the non-educational public agency that failed to provide or pay for these services and that agency must reimburse the LEA or state agency in accordance with the terms of the interagency agreement or other mechanism described in paragraph a. of this section.

e. Ensure that the requirements are met through:

1. state statute or regulation;

2. signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or 3) other appropriate written methods as determined by the Chief Executive Officer of the state or designee of that officer; and f. Document that the state has on file with the Secretary of State’s Office information that demonstrates the requirements of this section (23.a through e) are met.

24. The State Performance Plan (SPP) for special education is developed, reviewed and/or revised, including performance goals and indicators, and progress is reported annually, including the progress of students with disabilities on statewide assessments, as required by the United States Department of Education.

25. Valid and reliable data and information needed to report annually to the United States Department of Education are collected, including data for the SPP, Annual Performance Report (APR) and IDEA, Section 618 reports.

26. LEAs are given reasonable notice and an opportunity for a hearing under 34 CFR §76.401(d) prior to the state making a final determination that an LEA is not eligible for assistance under Part B of IDEA.

27. The state’s funding mechanism does not result in placements that violate the LRE requirements and does not distribute funds based on the students’ placements that would result in the failure to provide a student with a disability FAPE according to the student’s unique needs described on the IEP.

28. State and LEA personnel are prohibited from requiring parents to obtain a prescription for controlled substances (defined as those substances under schedules I, II,III,IV or V in section 202(c) of the Controlled Substances Act) as a condition of attending school, receiving an evaluation, or receiving services.

29. State and LEA-wide assessments, to the extent possible, are developed and administered using universal design principles.

30. A state plan is developed, annually reviewed, and amended as necessary, for high cost/high acuity funds in accordance with 34 CFR §300.704(c) and W. Va. Code §18-20-5 in consultation with LEA representatives, to include a definition of children with high acuity needs.

31. A local school LEA superintendent may request an exception to Policy 2419 for extenuating circumstances by submitting a waiver request when student numbers exceed staffing ratios. Waivers to staffing ratios may be requested in writing through the special education office at the WVDE. Waivers may require an on-site visit, will be considered on a case-by-case basis and remain valid for the current school year.

C. Responsibilities of the LEAs The LEAs, including schools and facilities under the supervision of the West Virginia Board of Education (WVBE) and charter public schools, have the responsibility for implementing the requirements of the IDEA and W. Va. Code §18-20-2 and ensuring FAPE for students with exceptionalities. LEAs have responsibility for providing quality educational services for eligible students with exceptionalities within the LEA’s jurisdiction.

The LEAs are responsible for ensuring the following:

1. data that are maintained, collected, and reported to the WVDE regarding special education students and personnel are accurate;

2. information related to parentally-placed private school students is maintained and provided to the WVDE including:

a. the number of students evaluated;

b. the number of students determined to be student with a disability; and c. the number of students served;

3. the compliance with the regulations of agencies, organizations, or individuals who provide contractual special education and/or related services is monitored;

4. other agencies, organizations, or individuals are informed of the state and federal requirements pertaining to the education of students with exceptionalities;

5. ongoing program evaluations are conducted to improve the effectiveness of services provided to eligible students with exceptionalities; and 6. personally identifiable student data are collected, maintained, and disclosed in accordance with state and federal confidentiality requirements.

Section 2. State Performance Plan West Virginia has a well-established commitment to improving results for all students as established in the West Virginia Accountability System, and for students with exceptionalities through the West Virginia Results and Compliance System Procedures, IDEA, and the State Performance Plan (SPP). IDEA and the SPP further require the LEA to measure progress through collecting and analyzing data relevant to the established performance and compliance indicators and targets. LEA plans to maintain progress or correct deficiencies are developed and implemented with stakeholder support.

A. Performance Goals and Indicators IDEA requires states to measure progress annually on performance goals and indicators established by the United States Department of Education for students with disabilities related to participation and results on statewide assessments, graduation data, drop-out data, disproportionality, and suspension rates. The SPP sets forth monitoring priorities and 17 performance and compliance indicators, with measures specified for determining state and LEA performance. To the maximum extent possible, the goals for students with disabilities must be consistent with the goals and standards established by the state for all students. Performance targets and monitoring procedures for six years are included in the plan.

The SPP monitoring priorities are:

1. student access to a FAPE, which includes participation and performance in statewide assessment, suspension rates, parent involvement, Child Find, placement in the LRE, graduation rates, and dropout rates;

2. disproportionality, which includes appropriate identification of racial/ethnic groups as students with disabilities; and 3. general supervision, which includes effective transition from early intervention to public school programs, effective secondary transition and post school outcomes, correction of noncompliance with IDEA requirements, and effectiveness of the monitoring and dispute resolution systems.

The WVDE is required to collect, review, and analyze data annually to determine whether the state and each LEA have met the established SPP targets on each of the 17 indicators. Data are collected through three sources:

1. WVEIS, a dedicated state-wide computer network with an integrated record system for all student, personnel, and financial information through which all the data required by Section 618 of IDEA are collected;

2. the West Virginia Results and Compliance System Procedures through which LEAs submit the LEAs’ self-assessment data; and 3. the dispute resolution (complaint, mediation, and due process) web-based data systems.

The WVDE is required to report Section 618 data to the United States Department of Education, Education Data Exchange Network (EDEN), and the federal Office of Special Education Programs and to publicly report state and LEA data, which is accomplished primarily through the WVDE website. Section 618 reports include assessment participation and results, child count, race/ethnicity, educational environments, suspension, exit and personnel. Results on the 17 SPP indicators are reported for the state in the Annual Performance Report, and for selected indicators for each LEA on the WVDE website. The SPP is revised as appropriate to ensure progress.

The LEA is the primary unit for improving results, and progress on the SPP priorities and indicators depends on LEA efforts. The IDEA requires LEAs to adopt policies that are consistent with the WVDE’s performance goals and indicators. Therefore, on an annual basis and as part of the LEA self-assessment requirements of the RCSP, the LEA will:

1. use data-based decision-making procedures and a local steering committee to review and analyze Section 618 data and additional LEA-level data to determine if the LEA is making progress toward the state’s performance goals and indicators and LEA self-assessment improvement plans;

2. develop, implement, and revise LEA improvement plans as necessary to make progress toward performance goals and indicators, and submit these plans and progress reports as required to the WVDE; and 3. correct any noncompliance on SPP compliance indicators within one year of notification by the WVDE.

B. State Monitoring and Determinations The WVDE must monitor LEAs’ implementation of the requirements of IDEA and this policy, and must ensure when an LEA’s noncompliance is identified, it is corrected as soon as possible, and in no case later than one year after WVDE’s notification of the noncompliance. The LEA will be notified of the noncompliance in writing. The noncompliance is corrected upon WVDE’s review and approval of documentation and evidence submitted by the LEA of implementation of actions correcting the noncompliance.

Upon notification in writing of a noncompliance with IDEA or Policy 2419, the LEA will develop and implement such corrective actions as are required to correct the noncompliance as soon as possible, and in no case later than one year from the date of notification. The LEA will provide the WVDE the documentation required to verify the noncompliance has been corrected as soon as possible and within timelines set by WVDE to ensure timely review and approval of the documentation.

C. Statewide and LEA Assessment Reporting The WVDE is required to collect and report statewide and LEA-wide (if applicable) assessment data, including the:

1. number of students with disabilities participating in regular assessments and the number of those students who were provided accommodations;

2. the number of students participating in alternate assessment(s); and 3. the performance results of students with disabilities, if doing so is statistically sound and does not disclose results identifiable to individual students.

When the WVDE reports information to the public on the assessment of students without disabilities, it must include the information above, as well as:

1. aggregated data that includes the performance of students with disabilities together with all other students; and 2. disaggregated data on the performance of students with disabilities.

The LEA is accountable for appropriately including all students in statewide and LEA-wide assessments, with or without accommodations, if determined appropriate by the IEP Team following the Participation Guidelines for West Virginia State Assessment. Therefore, on an annual basis and as part of the self-evaluation requirements of the WVDE’s monitoring system, the LEA must:

1. ensure that all students with disabilities participate in West Virginia Measures of Academic Progress (WV-MAP), West Virginia General Summative Assessment (WVGSA), SAT School Day, or the West Virginia Alternate Summative Assessment; in addition, students who are English learners, participate in the English Learner Proficiency assessment.

2. use data-based decision-making procedures to review and analyze LEA-level data to determine if the LEA is making progress in including all eligible students with disabilities in the statewide assessment program and in consistently improving the level of performance by students with disabilities; and 3. develop, implement, and revise LEA improvement plans as necessary to make progress.

D. Suspension and Expulsion Rates The WVDE is required to collect and analyze discipline data, including data disaggregated by race and ethnicity, from LEAs to determine whether significant discrepancies are occurring in the rate of long-term suspensions and expulsions of students with disabilities:

1. among LEAs in the state; or 2. compared to such rates for students without disabilities within the LEA.

On an annual basis and as part of the self-evaluation requirements of the WVDE’s monitoring system, the LEA must:

1. ensure the suspension and expulsion data that it collects and reports to the WVDE are accurate;

2. use data-based decision-making procedures to review and analyze LEA-level discipline data to determine if significant discrepancies are occurring between the long-term suspension and expulsion rates for students with and without disabilities; and 3. develop, implement, and revise LEA improvement plans, and when found to have a significant discrepancy, review and revise policies, procedures, and practices as necessary to ensure that they are in compliance with the IDEA in relation to:

a. the development and implementation of IEPs;

b. the use of positive behavioral interventions and supports; and c. procedural safeguards.

E. Disproportionality The IDEA requires the WVDE to collect and analyze data to determine whether the state or LEAs have significant disproportionality of students identified as needing special education based on race and ethnicity. The state is required to report the:

1. number and percentage of students in each racial/ethnic group who are identified as eligible for special education and weighted risk ratio indicating the chances of a student within the racial group being identified;

2. percentage of students in each racial/ethnic group who are identified under particular categories of disability and weighted risk ratio indicating the chances of a student within the racial group being identified within particular categories; and 3. percentage of students in each racial/ethnic group who are placed in particular special education settings and weighted risk ratio indicating the chances of a student within the racial group being placed in the setting.

In the case of a determination of significant disproportionality, the WVDE must provide for a review of the policies, procedures, and practices used and require any LEA identified to reserve the maximum amount allowed under law of federal special education funds to provide comprehensive coordinated early intervening services. The LEA is required to publicly report on the revision of policies, procedures, and practices.

On an annual basis and as part of the self-evaluation requirements of the WVDE’s monitoring system, the LEA must:

1. use data-based decision-making procedures to review and analyze LEA-level data on race to determine if significant disproportionality exists; and 2. review and, if appropriate, revise the LEA improvement plan, policies, procedures, and practices used in the identification or placement of students to prevent disproportionality based on race.

Section 3. Personnel A. Professional The LEA must ensure that personnel working with students with exceptionalities are fully licensed or certified whether they contract with or are employed by the LEA. The LEA must take measurable steps to recruit, hire, and retain personnel who meet WVDE certification, licensure, or other requirements for position assignments, including those for teachers, related service providers, paraprofessionals, and assistants. Nothing in IDEA creates a right of action on behalf of a student or class of students for failure of the LEA to employ fully licensed or certified personnel, nor does it prevent a parent/adult student from filing a state administrative complaint regarding staff qualifications.

Public school special education teachers must meet the following personnel qualification requirements in IDEA as amended by the ESSA:

1. has obtained full state certification as a special education teacher, including those participating in an alternate route to certification as a special educator, or has passed the state special education teacher licensing examination and holds a license to teach in the state as a special education teacher;

2. has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and 3. holds at least a bachelor’s degree.

W. Va. 126CSR149, Policy 5500, Professional Learning for West Virginia Educators (Policy 5500), provides guidelines for the coordination and delivery of high quality professional learning experience for West Virginia educators.

Each year, all SLPs and speech-language pathology assistants (SLPAs) must complete at least 12 hours of professional learning directly related to the field. These 12 hours apply to requirements specified in Policy 5500. Specific topics should include: augmentative/alternative communication; phonology; articulation; language and literacy; audiology; receptive/expressive language; feeding and swallowing; fluency; voice disorders; cognitive/social aspects of communication; hearing (impact on speech and language); assessment of students with speech-language disorders; and other topics related to the practice of speech-language pathology.

The WVDE is required to provide 12 hours of professional learning directly related to speech-language pathologists’ professional growth and development. Professional learning information must be made available to the LEAs to facilitate registration.

The LEA is accountable for documenting speech-language pathologists’ participation in 12 hours of professional learning directly related to the field of speech-language pathology and submit such documentation to the WVDE. LEA-provided professional learning must be submitted to the WVDE for approval.

As specified in W. Va. Code §18-20-2 and §18A-20-4, a sign support specialist may be assigned to a student who is deaf or hard of hearing in lieu of an interpreter only if an educational sign language interpreter I or II is unavailable.

The WVDE is required to approve a waiver for sign support specialist serving in lieu of an educational sign language interpreter after two years. This waiver is verification of a professional learning plan when an educational sign language interpreter is unavailable.

The cost of certification renewal and satisfying the requirements of the West Virginia Registry of Interpreters is paid in full by the employer for any service person who is:

1. employed as an educational sign language interpreter I or II and is required to complete any testing, training, or continuing education to renew or maintain certification at that level;

2. employed as an educational sign language interpreter I and is required to complete any testing, training, or continuing education to advance to an educational sign language interpreter II; or 3. employed as a sign support specialist and is required to complete any testing, training, or continuing education to advance to an educational sign language interpreter I or II.

B. Paraprofessionals, Assistants, and Aides The LEA may employ paraprofessionals, interveners, assistants, and aides who are appropriately trained and supervised to assist in the provision of special education and related services to students with disabilities if they meet standards established by the WVDE.

Chapter 10 PROCEDURAL SAFEGUARDS Education is a fundamental right and a necessary benefit for all West Virginia students. IDEA and Policy 2419 provide procedural safeguards, that is, procedures to protect the educational rights of students with exceptionalities who need changes in the way the student’s education is provided to ensure it is appropriate for the student’s unique needs. These procedural safeguards ensure the student’s right to a FAPE through informed parent/adult student participation in the special education process.

This chapter will address procedural safeguards of notice, consent, independent educational evaluation, and access to educational records. The remaining dispute resolution safeguards, state complaints, mediation, due process complaints, private placement, discipline, and attorneys’ fees, are discussed in other chapters.

Section 1. Notice Requirements IDEA and Policy 2419 require three types of notices, all of which must meet general requirements and additional criteria specific to the type of notice. The three types of notices are:

1. procedural safeguards notice;

2. prior written notice (PWN); and 3. notice of meetings.

All notices must be written in the native language of the parent/adult student or other mode of communication used by the parent/adult student, unless it clearly is not feasible to do so, and must be written in an easily understandable manner. If the native language or mode of communication of the parent/adult student is not a written language, the LEA must take steps to ensure that the notice is translated orally or by other means to the parent/adult student in the student’s native language or other mode of communication and the parent/adult student understands the content of the notice. The LEA must maintain written evidence that these requirements have been met.

Section 2. Procedural Safeguards Notice To facilitate informed participation, parents/adult students are informed of the extensive procedural safeguards through the Procedural Safeguards Available to Parents and Students with Exceptionalities document.

A. Procedural Safeguards Notice Contents The notice includes a full explanation of the following procedural safeguards:

1. independent educational evaluation;

2. prior written notice (PWN);

3. parent/adult student consent;

4. access to educational records;

5. opportunity to resolve complaints through due process complaints or the state complaint process, including:

a. time period in which to file a complaint;

b. the opportunity for the agency to resolve the complaint;

c. the difference between the due process and state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

6. the availability of mediation;

7. the student’s placement during pendency of decisions in due process hearings;

8. procedures for students who are subject to placement in an interim alternative educational setting;

9. requirements for unilateral placements by parents of students in private schools at public expense;

10. due process hearings, including requirements for disclosure of evaluation results and recommendations;

11. civil actions; and 12. attorneys’ fees.

B. When the Procedural Safeguards Notice Is Provided The LEA will provide the parent/adult student procedural safeguards notice at least once per school year, that is, one copy between July 1 and June 30. Because notice must be provided on each of the following occasions, it may be necessary to provide more than one notice during a school year:

1. upon an initial referral or a parent/adult student request for evaluation;

2. upon the first occurrence of a filing of a due process complaint or state complaint alleging violations of Part B of IDEA;

3. upon notice of a disciplinary removal resulting in a change of placement; and 4. upon request by the parent/adult student.

A parent/adult student may receive the procedural safeguards notice by electronic mail (e-mail) if the LEA makes that option available.

Section 3. Prior Written Notice (PWN)

PWN is the act of informing a parent/adult student, in writing within a reasonable amount of time, before the LEA proposes or refuses to initiate or change the student’s identification, the evaluation, educational placement, or provision of FAPE. PWN serves two purposes:

1. to provide the parent/adult student with enough information so that they are able to fully understand the LEA’s proposed action(s) or refused action(s) and to make informed decisions, if necessary; and 2. to provide a framework for data-based discussion and problem solving.

A. Content of Prior Written Notice (PWN)

PWN must include the following:

1. a description of the action proposed or refused by the LEA;

2. an explanation of why the LEA proposes or refuses to take the action;

3. a description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action;

4. a description of other options the IEP Team considered and the reasons why those options were rejected;

5. a description of other factors relevant to the LEA’s proposal or refusal;

6. a statement that the parent/adult student has protection under the procedural safeguards, and if notice is not an initial referral for evaluation, a description of how to obtain a copy of the Procedural Safeguards Notice; and 7. sources to contact in obtaining assistance in understanding the Procedural Safeguards Notice.

B. Timeline for the Provision of Prior Written Notice (PWN)

PWN must be provided to the parent/adult student five days prior to implementing the proposed action or within five days of the refusal. This requirement does not apply to notice of disciplinary removals, which must be provided on the same day the decision to remove the student is made. If the LEA and parent agree, PWN must be provided and services may be initiated within a reasonable time, which may be fewer than five days.

Section 4. Notice of Meetings To ensure that a parent of the student with an exceptionality is present at each meeting and afforded the opportunity to participate in meetings, including EC and IEP meetings, the LEA must provide written notice by:

1. notifying parents/adult students of the meeting early enough, i.e., no less than eight days prior to the scheduled meeting date, to ensure that they will have the opportunity to attend; and 2. scheduling the meeting at a mutually agreed on time and place.

The written notice must include:

1. the purpose, time, and location of the meeting;

2. who will be in attendance; and 3. an explanation that at the discretion of the LEA or parent/adult student, other individuals who have knowledge or special expertise regarding the student as determined by the LEA or the parent/adult student inviting the individual, can attend the meeting.

When scheduling an initial IEP Team meeting for a student who was previously served in the WV Birth to Three program, the written notice must indicate the purpose of the meeting, and indicate that the LEA will invite, at the parent’s request, the WV Birth to Three service coordinator or other representative to assist with the smooth transition of services.

If the purpose of the meeting includes the consideration of post-secondary goals and transition services for the student, at age 14, or younger if appropriate, the written notice must also indicate the purpose of the meeting, indicate that the LEA will invite the student, and identify any other agency that will be invited to send a representative. The parent/adult student must provide written consent to invite an agency representative to attend the IEP Team meeting.

Section 5. Parental Participation To ensure parental participation in the special education process, the LEA must afford the parents of a student with an exceptionality an opportunity to inspect and review all education records with respect to the identification, evaluation and educational placement of the student, and the provision of a FAPE to the student. The procedures for accessing education records are outlined in Policy 4350.

Parents must also be afforded an opportunity to participate in meetings with respect to the identification, evaluation and educational placement of the student, and the provision of a FAPE to the student. Therefore, the LEA must take whatever action is necessary to ensure that the parent understands the proceedings at a meeting including arranging for an interpreter for parents with deafness or whose native language is other than English.

The LEA may conduct the EC and/or IEP Team meeting without a parent/adult student in attendance only when the LEA has documentation that reasonable measures have been taken to ensure parent/adult student participation. If unable to convince the parent/adult student that the parent/adult student should attend, the LEA must have a record of its attempts to arrange a mutually agreed upon time and place such as:

1. detailed records of telephone calls made or attempted and the results of those calls;

2. copies of correspondence sent to the parent/adult student and any responses received; and/or 3. detailed records of visits made with the parent/adult student and the results of those visits.

If a parent/adult student cannot attend in person, but indicates interest in participation, the LEA must use other methods to ensure parent/adult student participation, including individual or conference telephone calls.

The LEA must obtain written parental consent for the initial provision of special education services and provide the parent with a copy of the IEP, at no cost to the parent.

Section 6. Informed Consent Informed consent is written approval given by a parent/adult student who has been fully informed of and understands all information relevant to the activity for which consent is sought. The request for consent describes the activity for which consent is sought and lists the records, if any, that will be released and to whom. All information must be provided in the native language or mode of communication of the parent/adult student. The parent/adult student must be informed that the approval is voluntary and may be revoked at any time. Consent is indicated by the parent’s/adult student’s signature. If a parent/adult student revokes consent, the revocation is not retroactive, that is, it does not negate an action that has occurred after the consent was given and before the consent was revoked. If consent is revoked after the student has initially been provided special education and related services, the LEA is not required to amend the student’s educational records to remove any references to the student’s receipt of special education and related services because of the revocation of consent.

A. Informed Consent Required Informed written consent is required before:

1. conducting an initial evaluation or reevaluation to determine whether a student is eligible for special education when this involves more than a review of existing information. The LEA need not obtain parental consent for a reevaluation if the LEA can demonstrate and document that it made reasonable efforts to obtain consent and the parent has failed to respond;

2. initially providing special education and related services to a student with a disability. Parent consent for initial evaluation may not be construed as consent for the initial provision of special education and related services. When a student with a disability transitions from WV Birth to Three to Part B services, the LEA must provide the student’s parents with a detailed explanation of the differences between an Individualized Family Service Plan (IFSP) and an IEP;

3. disclosing personally identifiable information from the student’s education records, unless provided as an exception under the FERPA and Policy 4350. The written consent must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party to whom the disclosure will be made;

4. accessing public benefits or insurance or private insurance to pay for services listed in the IEP (see Chapter 1, Section 2.C );

5. an agency representative likely to pay for or provide transition services attends an IEP meeting; and 6. personally identifiable information is released between officials in the LEA of residence and the LEA in which the private school is located.

B. Informed Consent Not Required The LEA is not required to obtain informed consent in the following situations:

1. when a review of existing data is part of an evaluation or a reevaluation;

2. when tests are administered to both general and special education students in a grade or class and consent is not required for all students;

3. when a teacher or related-service provider conducts observations, ongoing classroom evaluation, or criterion-referenced tests, as described in the IEP, to determine the student’s progress toward goals and benchmarks/objectives on the IEP; and 4. when disclosing personally identifiable information to individuals authorized to have access under FERPA.

C. Refusal to Give Consent For initial evaluations, if the parent refuses consent or the parent fails to respond to a request to provide consent, mediation or due process procedures may be used, if appropriate. The LEA may not use the mediation or due process procedures if consent for the initial evaluation involves a student who has been parentally enrolled in a private school or is being home schooled.

If the parent refuses consent for or refuses to respond to a request for consent to initial provision of special education and related services after the LEA has documented reasonable efforts to obtain consent, the LEA cannot use mediation or due process to obtain placement. In this situation, the LEA is not considered in violation of the FAPE requirement and is not required to convene an IEP Team meeting or develop an IEP for the child for whom the parent refused consent.

The LEA may not use a parent’s refusal to consent to one service or activity to deny the parent or student any other service, benefit, or activity, except as required by this part.

D. Failure to Respond to a Request for Consent Regarding Reevaluation When a parent/adult student fails to respond to reasonable measures taken by the LEA to obtain written consent to determine continued eligibility, the LEA may proceed with the reevaluation. The LEA must have a record of its attempts to gain consent by documenting telephone calls made or attempted, correspondence sent, or visits made to the home or place of employment.

E. Revoking Consent Consent previously given for an evaluation or an individual assessment, the initial provision of special education and related services, and the disclosure of information may be revoked only before the action occurs. Consent must be revoked in writing. If at any time after the initial provision of special education and related services the parent/adult student revokes consent in writing for the continued provision of special education and related services, the LEA may not continue to provide special education and related services but must provide PWN complying with Chapter 10, Section 3, before ceasing provision of special education and related services. The LEA is not considered in violation of the FAPE requirement and is not required to convene an IEP Team meeting or develop an IEP for the student for whom consent is revoked. Dispute resolution procedures may not be used to obtain agreement or a ruling that the services must be provided to the student.

Section 7. Independent Educational Evaluations (IEE)

An IEE means one or more individual assessments, each completed by a qualified examiner who is not employed by the LEA responsible for the education of the student in question.

A. Right to an IEE 1. A parent/adult student has the right to obtain an IEE at public expense if they disagree with an evaluation obtained or conducted by the LEA. The parent/adult student is entitled to only one IEE at public expense in response to an LEA evaluation.

2. The parent/adult student has the right to an IEE at personal expense at any time.

3. If the IEE meets the criteria outlined in Chapter 3, Section 4, the EC/IEP Team must consider the IEE in its decision-making process.

4. The parent/adult student is not automatically entitled to have additional assessments beyond those determined necessary for an evaluation. However, if the parent/adult student is interested in additional or different assessments and the LEA refuses to provide them, they may pursue additional assessments through a due process hearing request. In addition, the LEA may initiate a due process hearing to determine if the evaluation it conducted is appropriate. If the final decision of a hearing officer, or a court of law’s decision on an appeal, is that the evaluation conducted by the LEA was appropriate, the parent/adult student still has the right to an IEE but at personal expense.

5. A hearing officer may order an IEE at public expense if they determine that the evaluation conducted by the LEA was not appropriate.

B. Procedures for Requesting an IEE Within five days of a parent/adult student’s written request for an IEE at public expense, the LEA may ask why the parent/adult student disagree with the evaluation obtained by the LEA, but the LEA cannot require an explanation. Within 10 school days of the written request for an IEE, the LEA must give the parent/adult student information about where the IEE may be obtained and the agency criteria, consistent with evaluation criteria described in Chapter 3, applicable for IEE including:

1. the location for the evaluation;

2. the required qualifications of the examiner; and 3. the maximum allowable charges for specified evaluations based on reasonable and prevailing rates typically paid by the LEA for similar evaluations, to eliminate unreasonably excessive fees, including travel costs for necessary services not available in the community.

Except for the criteria listed above, the LEA may not impose other conditions or timelines if doing so would be inconsistent with the parent’s/adult student’s right to an IEE. Upon request, a list of qualified examiners who can conduct an IEE will be provided.

A parent/adult student may request an opportunity to demonstrate that unique circumstances justify an IEE that does not fall within the LEA’s cost criteria. If an IEE that falls outside the LEA’s cost criteria is justified, that IEE will be publicly funded.

C. LEA Responsibilities Following IEE Requests If a parent/adult student requests an IEE at public expense, the LEA must do one of the following within 10 school days of written request:

1. agree, in writing, to pay for an IEE at reasonable and prevailing rates and provide the LEA’s IEE criteria and information about where an IEE may be obtained.

2. offer WVDE mediation to try to resolve differences. This is only available if parents agree to mediate.

3. request a due process hearing to show that the LEA’s evaluation is appropriate. If the final hearing decision is that the LEA’s evaluation is appropriate, the parent/adult student may pursue an IEE, but at personal expense.

If a parent/adult student asks the LEA to pay for an IEE that has already been obtained, the LEA must:

1. pay for the IEE; or 2. request WVDE mediation when parents agree to mediate; and/or 3. request a due process hearing within 10 school days of the receipt of the evaluation report to show that the evaluation obtained by the parent/adult student did not meet the criteria for a publicly funded IEE; or 4. request a due process hearing within 10 school days of billing to demonstrate that the LEA’s evaluation was appropriate. The LEA does not have to pay for an IEE if the hearing officer finds for the LEA.

D. Considerations of the IEE Results If a parent/adult student obtains an IEE and makes that evaluation available to the LEA, the results must be considered by the LEA, if the IEE meets the LEA’s criteria, in any decision made with respect to the provision of FAPE. The results may also be presented as evidence at a hearing regarding the student. This is true regardless of whether the IEE is at the expense of the parent/adult student or LEA.

The results of an IEE cannot be the sole determining factor for eligibility. The EC has the responsibility to use existing evaluation data and other information from a variety of sources, in addition to the IEE, to determine whether a student has an exceptionality or continues to have a disability under Policy 2419.

Section 8. Surrogate Parents A surrogate parent is an individual assigned by the LEA to assume the educational rights and responsibilities of a parent under the IDEA. The surrogate parent may represent a student in all matters relating to the identification, evaluation, and educational placement of the student and the provision of a FAPE to the student.

A. Referral for a Surrogate Parent Any person who is aware that a student may need a surrogate parent may make a referral for a determination to the LEA’s special education director or an appropriate LEA administrator. The LEA will appoint a surrogate in any of the following circumstances:

1. a parent cannot be identified.

2. a parent cannot be found after reasonable efforts to locate the parent.

3. the student is a ward of the state. If a state judge has appointed a surrogate to oversee the care of a student who is a ward of the state, the judge-appointed surrogate may make decisions regarding the student’s education, including special education, provided the surrogate meets the criteria for an LEA‑appointed surrogate.

4. the student is an unaccompanied homeless youth as defined in Section 725 (6) of the McKinney-Vento Homeless Assistance Act.

The LEA will make a good faith effort and maintain records of attempts to locate a parent. The LEA cannot appoint a surrogate parent when the natural parent is available but chooses not to participate. When a surrogate parent is needed for a student, the LEA will appoint a surrogate who meets the conditions set forth below. The LEA will make reasonable efforts to assign a surrogate within 30 days after it determines that the student needs a surrogate.

B. Criteria for Serving as a Surrogate Parent A surrogate parent may represent the student in all matters relating to identification, evaluation, placement, and the provision of a FAPE. The LEA must ensure the person selected and appointed as a surrogate parent:

1. has knowledge and skills that ensure effective representation of the student;

2. has no personal or professional interest that conflicts with the interest of the student; and 3. is not an employee of the WVDE, the LEA, or any other agency that is involved in the education or care of the student.

Persons who otherwise qualify to be surrogate parents are not employees of the LEA or agency solely because they are paid to serve as surrogate parents.

In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogates without regard to the above requirements until a surrogate can be appointed that meets all of the requirements of this section.

Section 9. Adult Students and the Transfer of Rights An adult student is a student who is at least 18 years of age to whom special education rights have transferred under the IDEA and W. Va. Code.

A. Discussion of the Transfer of Rights Not later than the student’s 17th birthday, the IEP Team must discuss the transfer of special education rights to the student. Beginning not later than the 17th birthday, the IEP must include a statement that the student and the parent have been informed of the rights that will transfer at age 18. Special education rights will transfer from the parent to the adult student when the student turns 18 years of age unless a court has appointed a legal guardian to represent the educational interests of the student. In the case that a legal guardian is appointed, a copy of the court order must be provided to school personnel.

B. Notice of Transfer of Parental Rights at Age 18 When the student’s special education rights transfer at age 18, the parent and student must be notified that rights have transferred. The IEP must contain a statement that the student has been informed of the special education rights that have transferred to the adult student.

C. Written Notice and IEP Team Participation The right to receive written notice is always retained by both the parent and adult student. The parent will continue to receive copies of any notices, including those listed in Section 1 of this chapter. While a parent has the right to receive notices, only the adult student has the right to make decisions regarding the student’s educational program.

Section 10. Confidentiality and Access to Records The LEA must collect, use, and maintain information about a student to make appropriate decisions concerning special education and the provision of FAPE. IDEA and FERPA contain provisions to protect the confidentiality of personally identifiable information in student special education records. These statutes also provide for the right of the parent/adult student to review and inspect records. The full requirements may be found in Policy 4350. School personnel with responsibilities for educational records must be trained in these policies.

Additional procedural safeguards include the right to file a state complaint alleging a violation of IDEA, Policy 2419, or Policy 4350, the right to request mediation, and the right to file a due process complaint. These procedural safeguards may be found in Chapter 11, Dispute Resolution.

Chapter 11 DISPUTE RESOLUTION A variety of options are available to resolve disagreements between parents/adult students and LEAs related to the implementation of state and federal special education laws and regulations regarding the identification, evaluation, or educational placement of a student or the provision of FAPE. The WVDE administers a dispute resolution system including the following processes that may be used individually or in combination:

1. Facilitated Individualized Education Program (IEP) Team Meeting;

2. state complaint including early resolution;

3. mediation; and 4. due process complaint including a resolution process.

Section 1. Facilitated IEP Team Meeting A Facilitated IEP Team meeting is a voluntary early dispute prevention option utilizing an impartial facilitator to guide the IEP process during the meeting and to assist members of the IEP Team to communicate effectively. A student’s IEP is developed by a collaborative team whose required members share responsibility for the process, content, and results. An IEP Facilitator provides assistance to the IEP Team as a preventative measure before a potential conflict develops into a more serious dispute. The IEP Facilitator is an impartial third party, not a member of the IEP Team, and has no stake in decisions made by the team. Facilitation is the process of helping the IEP Team complete a task, solve a problem or come to agreement to the mutual satisfaction of the participants. The facilitation process may also be used for EC meetings on an individualized or as needed basis.

Responsibilities of an Individual/LEA Requesting a Facilitated IEP An LEA and/or parent/adult student may request a Facilitated IEP by submitting a written request to the WVDE. The WVDE has made available on its website and upon request a form for requesting a Facilitated IEP although its use is not required. The LEA and/or parent/adult student must agree to use the IEP process. A request should be made at least two weeks prior to the scheduled IEP Team meeting.

Responsibilities of the WVDE The WVDE administers a system which ensures:

1. the Facilitated IEP is voluntary and agreed to by both parties, unless ordered as a result of a state complaint, mediation, or due process decision;

2. the Facilitated IEP is not used to deny or delay a parent/adult student’s right to a hearing on the issue or to deny any other rights afforded under IDEA, Part B;

3. the Facilitated IEP is conducted by a qualified and impartial facilitator who is trained in facilitation techniques;

4. facilitators are assigned based on availability, from the list of qualified facilitators, on a rotational basis;

5. the Facilitated IEP is free to the parties; and 6. the Facilitated IEP Team meetings are scheduled in a timely manner and adhere to all required timelines.

The IEP Facilitator must be:

1. qualified and trained in effective facilitation techniques and be verified by the WVDE as having met the requirements for qualified facilitators and be on the WVDE-maintained list of qualified individuals, and 2. impartial (the criteria for impartiality are listed below).

The IEP Facilitator must not:

1. be an employee of the WVDE or an employee of the LEA who is involved in the care and education of the student;

2. have a personal or professional interest that conflicts with the facilitator’s objectivity; or 3. have a student enrolled in the LEA involved in the Facilitated IEP.

Section 2. State Complaint Procedures The federal regulations for implementing Part B of IDEA require each state to administer a complaint system for investigating and resolving state complaints. A formal state complaint is a charge that special education laws or regulations are not being followed by an LEA or public agency.

A. Responsibilities of an Individual/Organization Filing a State Complaint An individual or organization, including one from another state, may file a state complaint under the procedures described below. The complaint must be in writing and include:

1. a statement that a public agency or the WVDE has violated a requirement of Part B of IDEA or its implementing regulations or W. Va. Code §18-20-1, et seq. and implementing regulations Policy 2419 and/or Policy 4350;

2. the facts on which the statement is based;

3. the signature and contact information for the complainant; and 4. if alleging violations against a specific student:

a. the name and address of the residence of the student;

b. the name of the school the student is attending;

c. in the case of a homeless student (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434 a (2), available contact information for the student and the name of the school the student is attending;

d. a description of the nature of the problem of the student, including facts related to the problem; and e. a proposed resolution to the problem to the extent known and available to the party at the time the complaint is filed.

The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received. The party filing the complaint must forward a copy of the complaint to the LEA or public agency serving the student at the same time the party files the complaint with the WVDE. The WVDE has made available a form on its website and upon request for filing a state complaint. Although the use of this form is not required, the complaint must be in writing and meet the criteria in 1 through 4 as described above.

B. Responsibilities of the WVDE The WVDE has adopted written procedures for responding to or investigating complaints and widely disseminates these procedures to parents and other interested individuals including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities in the state.

Within 60 days after the complaint is filed, the WVDE must:

1. carry out an independent on-site investigation if the WVDE determines the state complaint is sufficient. The WVDE will conduct an on-site investigation, if determined necessary based upon the nature of the allegations, review of information submitted by the parent/adult student and the LEA, and information obtained through telephone interviews;

2. give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

3. provide the LEA with the opportunity to respond to the complaint, including at a minimum, a proposal to resolve the complaint; and an opportunity for the LEA and the parent/adult student to voluntarily engage in mediation and/or early resolution;

4. review all relevant information and make an independent determination as to whether the public agency is violating state or federal special education laws or regulations;

5. issue a written decision to the LEA and the parent/adult student that addresses each allegation in the complaint and contains:

a. findings of facts and conclusions;

b. the reasons for the WVDE’s final decision; and c. procedures for effective implementation of the WVDE’s final decisions, if needed, including:

1. technical assistance activities;

2. negotiations; and 3) corrective actions, including timelines, to achieve compliance. Timelines for completion of corrective activities will only be extended, if requested by the LEA within five days of the LEA’s receipt of the decision, based upon exceptional circumstances;

6. address the LEA’s failure to provide appropriate services, including corrective activities to effectively address the needs of the student, and appropriate future provision of services for all students with disabilities; and 7. permit an extension of the 60-day time limit only if exceptional circumstances exist with respect to a particular complaint or if the parent and the LEA involved agree to extend the time to engage in mediation or other alternative dispute resolution processes.

C. State Complaints and Due Process Complaints If a written state complaint is received that is also the subject of a due process complaint or contains multiple issues of which one or more are part of the due process complaint, the WVDE must set aside any part of the state complaint that is being addressed in the due process complaint until the conclusion of the hearing. Any issue that is not a part of the due process action will be resolved following the established state complaint procedures and timelines. For issues that are addressed in the due process hearing, the hearing officer’s decision is binding on those issues and the WVDE must inform the complainant to that effect. Any remaining issues not addressed in the due process hearing decision will be investigated upon receipt of the hearing decision by the WVDE in accordance with the established state complaint procedures and timelines.

If an issue raised in a state complaint filed under this section has previously been decided in a due process hearing involving the same parties, the due process decision is binding on that issue and the WVDE must inform the complainant that the state complaint process cannot be used to overrule the due process decision.

A state complaint alleging an LEA’s failure to implement a due process hearing decision must be investigated and resolved by the WVDE utilizing the state complaint procedures described in Section 2.B. of this chapter.

D. Early Resolution to State Complaints Either the LEA or the parent/adult student may request early resolution to a state complaint investigation by contacting the other party and participating in a local conference if both the LEA and parent/adult student voluntarily agree to utilize the early resolution option. The early resolution meeting “may not include an attorney of [the LEA] unless the parent is accompanied by the attorney.” (34 CFR §300.510 (a)(1) (ii)). If early resolution is reached on any or all allegations within 15 days of being notified of the receipt of the state complaint, the school LEA need not submit its written response to the allegations to the WVDE, and the state complaint will be considered resolved. However, the LEA must provide to the WVDE the signed Verification of Early Resolution form. Allegations not resolved will be investigated using these procedures.

Section 3. Mediation Mediation is an informal, non-adversarial, confidential, and voluntary process in which an impartial third party, the mediator, provides an opportunity to the parties involved in a dispute to resolve differences and create a mutually satisfactory solution. IDEA requires that each state make mediation available to help LEAs and parents/adult students resolve disputes relating to any matter under IDEA. Mediation may take place at any time regardless of the filing of a due process and/or state complaint. Another component of the mediation system is an optional meeting to encourage mediation, which is described in Part C of this section.

The WVDE makes mediation information available to parents/adult students through the WVDE procedural safeguards document when a state complaint is filed for the first time, when a due process complaint is received, and/or upon request of a parent/adult student or LEA who are attempting to resolve differences relating to the identification, evaluation, or educational placement or the provision of FAPE to a student with a disability or an exceptionality.

A. Responsibilities of an Individual/LEA Requesting Mediation An LEA and/or parent/adult student may request mediation by submitting a written request to the LEA or the WVDE. The WVDE has made available a form on its website and upon request for requesting mediation although its use is not required. The request must be signed by the complainant. The LEA and parent/adult student must both agree to use the mediation process.

If the parties resolve the dispute through the mediation process, the mediator will help the parties execute a legally binding agreement that sets forth that resolution. The agreement must:

1. state that all discussions that occurred during the mediation process will remain confidential and not be used as evidence in any subsequent due process hearing or civil proceedings; and 2. be signed by both the parent/adult student and the representative of the LEA who has the authority to bind the LEA.

If mediation fails to produce an agreement, or if either party requests termination of the mediation process, the mediator must issue a statement to the parties and the WVDE that the process has been terminated.

An agreement reached by the parties through WVDE mediation is enforceable in state and federal courts.

B. Responsibilities of the WVDE In accordance with IDEA, the WVDE administers a system of mediation, which ensures the following: mediation is voluntary and is agreed to by both parties; mediation is not used to deny or delay a parent/adult student’s right to a hearing on the issue, or to deny any other rights afforded under Part B of the Act; mediation is conducted by a qualified and impartial mediator who is trained in effective mediation techniques; mediators are assigned from the list of qualified mediators on a rotational basis; mediation is free to the parties; parties to the mediation are informed of the confidential nature of the discussions that occur during mediation and these discussions may not be used as evidence in any subsequent due process hearing or civil proceedings arising from that dispute; parties may be required to sign a confidentiality agreement at the conclusion of the mediation; mediation sessions are scheduled in a timely manner and must be held in a location that is convenient to the parties in the dispute; and that, if the parties resolve the dispute through the mediation process, the parties must execute a legally binding agreement that:

a. describes the resolution;

b. states that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceedings arising from that dispute; and c. is signed by both the parent/adult student and a representative of the LEA who has the authority to bind the agency.

Mediators must be:

1. qualified and trained in effective mediation techniques and in the requirements of IDEA and Policy 2419 (i.e., verified by the WVDE as having met the requirements for qualified mediators and on the WVDE-maintained list of qualified individuals); and 2. impartial (the criteria for impartiality are listed below).

Mediators must not:

1. be an employee of the WVDE or an employee of the LEA that is involved in the care and education of the student; or 2. have a personal or professional interest that conflicts with the person’s objectivity, including, but not limited to, representing boards of education or parents against boards of education (i.e., attorneys, advocates), and having a student enrolled in the LEA involved in the dispute.

A person who otherwise qualifies as a mediator is not an employee of the WVDE or an employee of the LEA solely because the person is paid by the WVDE to serve as a mediator.

C. Meeting to Encourage Mediation For parents and schools that choose not to use the mediation process, LEAs may establish procedures to offer parents/adult students an opportunity to meet at a convenient time and location with a disinterested party who:

1. is under contract with an appropriate alternative dispute resolution entity, a parent training and information center, or community parent resource center; and 2. would explain the benefits of and encourage the use of the mediation process to the parents/adult students.

Section 4. Due Process Complaints A due process complaint to request a due process hearing may be filed to resolve disputes on any matter related to the identification, evaluation, educational placement of a student, or the provision of a FAPE. The procedures relevant to due process complaints do not apply to students placed in a private school by the parent for issues regarding the provision of services, however, due process procedures do apply to Child Find, evaluation, and reevaluation. Additionally, a parent who has unilaterally placed a child in a private school where FAPE is an issue, may file a due process complaint. Impartial due process hearing officers contracted by the WVDE conduct all hearings. Appeals of hearing decisions must be filed in state or federal court.

A. Filing a Due Process Complaint A parent/adult student, the LEA, or an attorney representing a party may file a due process complaint by contacting the LEA superintendent or the WVDE. The WVDE has a form available on its website and upon request for submitting a due process complaint. Although the use of this form is not required, the complaint must be in writing and mailed or hand-delivered to the other party and the coordinator responsible for due process complaints at the WVDE.

A due process complaint must be initiated within two years of the date the parent/adult student or LEA knew or should have known of the disputed decision or alleged action that forms the basis for the complaint. The two-year timeline will not apply if the parent/adult student was prevented from filing a complaint due to specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint or the LEA’s withholding information it was required to provide to the parent/adult student.

The WVDE informs a parent/adult student of any free or low-cost legal or other relevant services available to them if a due process complaint is filed or if the parent/adult student requests such information.

The burden of proof will be on the party seeking relief in accordance with the decision in Schaffer v. Weast, 546 U.S. 49, 126 S. Ct. 528, 163L. Ed.2d 387 (2005).

The party, or the attorney representing the party, must forward a copy of the due process complaint to the other party and to the WVDE, which must remain confidential.

B. Due Process Complaint Components A due process complaint must be made in writing and must include the following:

1. the student’s name, address of the residence of the student, and the school the student is attending;

2. in the case of a homeless child or youth (within the meaning of the McKinney-Vento Homeless Assistance Act), available contact information for the student, and the name of the school the student is attending;

3. a specific description of the student’s problem relating to the proposed or refused initiation or change, including the facts pertaining to the problem;

4. a proposed resolution of the problem to the extent known and available at the time; and 5. the signature of the individual requesting the due process hearing.

C. Sufficiency of Due Process Complaints The LEA or the parent/adult student may not have a hearing on a due process complaint or participate in an early resolution session unless the due process complaint is sufficient; that is, meets all the criteria in 1‑5 listed in Section B, Due Process Complaint Components.

The due process complaint must be considered sufficient unless the LEA or the parent/adult student receiving the due process complaint notifies the hearing officer and the other party in writing within 15 days of receipt of the due process complaint that the receiving party believes that the due process complaint does not meet the requirements of 1 through 5 as listed in Section B, Due Process Hearing Complaint Components.

The due process hearing officer must make a determination of sufficiency, on the face of the complaint, within five days of receiving notice that the party subject to the due process complaint believes that the due process complaint is insufficient. The hearing officer must immediately notify the parties in writing of the determination. A party may amend a due process complaint only if:

1. the other party consents in writing to the change and is given the opportunity to resolve the due process issues through the resolution process described below; or 2. the hearing officer grants permission to amend the due process complaint no later than five days before the due process hearing begins.

If a party files an amended due process complaint, the timelines begin again for the resolution meeting and the resolution period as described in Section E, Resolution Process.

D. Responding to a Due Process Complaint The party, the LEA, or the parent/adult student receiving a due process complaint must, within 10 days of receipt send to the other party a response that specifically addresses the issues raised in the complaint. The LEA 's response must include the following: an explanation of why the LEA proposed or refused to take the action raised in the due process complaint;

2. a description of other options the IEP Team considered and the reasons why those options were rejected;

3. a description of each evaluation procedure, assessment, record, or report that the LEA used as a basis for the proposed or refused action; and 4. a description of other factors relevant to the LEA’s proposal or refusal.

Providing the parent/adult student with PWN does not preclude the LEA from asserting that the parent/adult student’s due process complaint was insufficient, where appropriate.

E. Resolution Process Resolution Meeting The purpose of the resolution meeting is for the parent/adult student to discuss the due process complaint, and the facts that form the basis of the due process complaint, so the LEA has the opportunity to resolve the dispute that is the basis for the due process complaint. Within 15 days of receiving a due process complaint from the parent/adult student, and prior to initiating a due process hearing, the LEA must convene a resolution meeting.

The resolution team includes the parent/adult student, a representative of the LEA who has decision‑making authority, and relevant members of the IEP Team as determined by the school LEA and the parent/adult student who have specific knowledge of the facts identified in the complaint. The LEA’s attorney will not attend the resolution session unless an attorney will accompany the parent/adult student.

The LEA must proceed with the resolution meeting even if it has challenged the sufficiency of the parent’s due process complaint. The WVDE or LEA may not suspend the 15-day resolution meeting timeline while schools are closed for breaks or holidays.

If the LEA has not resolved the due process complaint to the satisfaction of the parent/adult student within 30 days of the receipt of the due process complaint, the due process hearing may occur and the timeline for issuing a decision begins at the expiration of this 30-day period.

The resolution meeting need not be held if:

1. both parties agree in writing to waive the meeting; or 2. both parties agree to participate in mediation.

Except where 1 or 2 above apply, failure of the parent/adult student to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held. If the LEA fails to hold the resolution meeting within 15 days of receiving notice of a parent’s/adult student’s due process complaint or fails to participate in the resolution meeting, the parent/adult student may seek the intervention of a hearing officer to begin the due process hearing timelines. In cases where the LEA is unable to obtain the participation of the parent/adult student in the resolution meeting after reasonable efforts have been made and documented as specified in Chapter 10, Section 5, Parent Participation, the LEA may at the end of the 30-day resolution period request that a hearing officer dismiss the parent’s/adult student’s due process complaint.

Adjustments to the 30-day Resolution Period The 45-day timeline for the due process hearing starts the day after one of the following occurs:

1. both parties agree in writing to waive the resolution meeting; or 2. after either the mediation or resolution meeting starts, but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or 3. if both parties agreed in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or LEA withdraws from the mediation process.

Written Settlement Agreement If a resolution is reached regarding the issues raised in the due process complaint, the LEA representative and parent/adult student will sign a legally binding document that is enforceable in state and federal court. If the parties sign a written agreement that adjusts the 30-day resolution period by one of the three methods described above, either party may void this agreement within three business days of signing the agreement.

F. Responsibilities of the WVDE IDEA requires that each state administer a due process complaint system as a means to resolving disputes between LEAs and parents/adult students. The WVDE has the following responsibilities with regard to the implementation of the WVDE due process complaint system:

1. provide assistance in alternative means for submitting due process complaints in instances where parents are unable to submit written requests;

2. develop a model form to assist parents/adult students in filing a due process complaint;

3. maintain a list of attorneys trained to serve as hearing officers. The listing must include a statement of the qualifications of each person and must be provided to each LEA and to any party who requests the information in writing;

4. inform the parties of the availability of mediation when a due process complaint is initiated, or the parties request the information;

5. provide information regarding any free or low-cost legal, and other relevant services in the area, to the parent/adult student if the parent/adult student requests the information or when the parent/adult student or LEA files a due process complaint;

6. ensure that all required timelines for due process complaint resolution process and due process hearings are met; and 7. transmit findings and decisions from due process hearings, after deleting any personally identifiable information, to the West Virginia Advisory Council for the Education of Exceptional Children and make those findings and decisions available to the public.

G. Qualifications of Due Process Hearing Officers WVDE will ensure that due process hearing officers, at a minimum, have the following qualifications:

1. a law degree;

2. admission to the West Virginia State Bar;

3. the knowledge of, and the ability to understand IDEA and federal regulations and Policy 2419 pertaining to the Act, and legal interpretations regarding special education law, regulations, and state policy by federal and state courts;

4. the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice;

5. the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice;

6. competence in due process, special education law, effective writing and speaking, decision-making and related areas, as evidenced through application, interview, and competency-based training; and 7. impartiality (see specific criteria listed below).

Due process hearing officers must not be:

1. a person who is an employee of the WVDE or the LEA that is involved in the education or care of the student; or 2. a person having a personal or professional interest that conflicts with the person’s objectivity in the hearing; or 3. a lawyer who represents LEAs or parents in actions against LEAs.

An otherwise qualified due process hearing officer:

1. must be ineligible to begin hearing officer training or to serve as a hearing officer during the pendency of any action in which the hearing officer represents LEAs or parents in actions against LEAs and for one year following the conclusion of this representation; and 2. is not an employee of the WVDE solely because the hearing officer is paid by the WVDE to serve as a hearing officer.

H. Selection of Due Process Hearing Officers Upon receipt of a written request for a due process complaint, the WVDE must select a hearing officer by:

1. using a rotational selection process from the list of qualified hearing officers;

2. making an initial determination whether the hearing officer has a personal or professional interest which would conflict with objectivity in the hearing;

3. selecting a new hearing officer if conflict is determined or the hearing officer is unavailable to conduct the hearing within timelines; and 4. allowing either party to submit a challenge for cause to remove a hearing officer. This challenge must be submitted in writing to the hearing officer.

I. Due Process Hearing Rights The party requesting a due process hearing may not raise issues at the due process hearing that were not raised in the due process complaint unless the other party agrees otherwise.

Any party to a hearing or an appeal has the right to:

1. be accompanied and advised by counsel and by individuals with special knowledge or training with respect to students with exceptionalities; state law determines whether parties have the right to be represented by non-attorneys at due process hearings;

2. present evidence and confront, cross-examine, and compel the attendance of witnesses and compel the production of relevant documents;

3. prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

4. obtain written, or at the option of the parent/adult student, electronic, verbatim record of the hearing; and 5. obtain written, or at the option of the parent/adult student, electronic findings of fact and decisions.

In addition, the following applies to disclosure of information.

1. At least five business days prior to conducting a hearing, each party must disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing.

2. A hearing officer may bar any party that fails to comply with the above from introducing the relevant evaluation or recommendations at the hearing without the consent of the other party.

Parents/adult students involved in hearings must be given the right to:

1. have the student who is the subject of the hearing present;

2. open the hearing to the public;

3. have the record of the hearing and the findings of fact and decisions provided at no cost to the parent/adult student;

4. be provided with interpreters for the deaf or interpreters fluent in the primary language of the home as needed at public expense at all stages of the due process procedures;

5. have the hearing conducted at a time and place that is reasonably convenient; and 6. file a due process complaint on an issue separate from a due process complaint already filed.

J. Student’s Status During Proceedings During the pendency of any administrative or judicial proceeding regarding a due process complaint (except as provided for under Section L.5), unless the state or local agency and the parent/adult student agree otherwise, the student involved in the complaint must remain in the student’s current educational placement. This is referred to as the stay put provision. If the complaint involves an application for initial admission to public school, the student, with the consent of the parent, must be placed in the public school until the completion of all the proceedings.

If a complaint involves initial services for a child transitioning from Part C to Part B and the child is no longer eligible for Part C services, the LEA is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of services, the LEA must provide those services that are not in dispute between the parent and the LEA.

If the decision of a hearing officer in a due process hearing agrees with the parent/adult student that a change of placement is appropriate, that placement must be treated as an agreement between the LEA and the parent/adult student.

K. Timelines and Convenience of Hearings Not later than 45 days after the expiration of the 30-day resolution period or the adjusted time periods described in Section 4.E, the hearing officer will issue a final decision, mailing a copy of the decision to each of the parties.

A hearing officer may grant specific extensions of time beyond the above timeline at the request of either party.

Each hearing involving oral arguments must be conducted at a time and place that is reasonably convenient to the parent/adult student involved.

L. Expedited Due Process Complaint An expedited due process hearing is used only for disciplinary issues (refer to Chapter 7, Section 3.A) and may be requested with the WVDE, under the following circumstances:

1. the parent/adult student with a disability disagrees with a decision regarding a manifestation determination or with any decision regarding placement for disciplinary reasons, or 2. the LEA believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others.

M. Due Process Hearing The impartial hearing officer must:

1. preside at the hearing;

2. conduct the proceedings in a fair and impartial manner; and 3. take steps to assure that the hearing will be conducted and completed in an efficient manner.

Hearing officers must have the power to issue subpoenas requiring testimony and/or the production of books, papers, and physical or other evidence. Any person served with a subpoena pursuant to this section may object and ask the hearing officer in writing to quash or modify the subpoena as illegally or improvidently issued. The hearing officer must immediately issue a decision on the validity of the subpoena. Any person served with a subpoena pursuant to this section must have the right to petition the United States District Court for the county in which the hearing is to be held for an order to quash any subpoena issued pursuant to this section. A hearing officer may petition said court for an order of enforcement of a subpoena issued by the hearing officer. Nothing in this section must prohibit the hearing officer from refusing to issue subpoenas which are requested for purposes of harassment, abuse of process, delay or which are obviously directed to persons who have no direct evidence in the matter to be heard.

A hearing officer’s determination of whether a child received FAPE must be based on substantive grounds. In matters alleging a procedural violation, a hearing officer may find that a student did not receive FAPE only if the procedural inadequacies:

1. impeded the student’s right to FAPE;

2. significantly impeded a parent’s/adult student’s opportunity to participate in the decision-making process regarding the provision of a FAPE; or 3. caused a deprivation of educational benefit.

A hearing officer may order an LEA to comply with procedural requirements regardless of whether an LEA’s failure resulted in a denial of FAPE.

A decision made in a hearing is final except that any party involved in the hearing may appeal the decision through civil action.

N. Civil Action Any party aggrieved by the findings and decisions made in the hearing has the right to bring a civil action with respect to the due process hearing complaint notice in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy within 90 days of the issuance of the hearing officer’s written decision.

In any action brought under the above, the court must:

1. receive the records of the administrative proceedings;

2. hear additional evidence at the request of a party; and 3. grant the relief that the court determines to be appropriate based upon the preponderance of the evidence.

Nothing in this part restricts or limits the rights, procedures, and remedies available under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other federal laws protecting the rights of students with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under Section 615 of IDEA. The procedures under 300.507 and 300.514 must be exhausted to the same extent as required had the action been brought under Section 615 of IDEA.

O. Attorneys’ Fees Parents/adult students are informed through the procedural safeguards notice that reasonable attorneys’ fees may be awarded to parents of students with disabilities or adult students to cover attorneys’ fees when the parent of a student with a disability or an adult student is the prevailing party, subject to certain constraints, and that such attorneys’ fees may be agreed to by the parties or awarded by a court. IDEA, Part B funds may not be used to pay attorneys’ fees.

The court, in its discretion, may awards reasonable attorneys’ fees as part of the costs to the prevailing party who is the:

1. parent of a child with a disability or an adult student with a disability;

2. WVDE or LEA against the attorney of a parent/adult student who files a complaint that is frivolous, unreasonable, or without foundation, or against the attorney of a parent/adult student who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or 3. WVDE or LEA against the attorney of a parent/adult student, or against the parent/adult student, if the parent’s/adult student’s due process complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

A court awards reasonable attorneys’ fees based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded. Attorneys’ fees may not be awarded, and related costs may not be reimbursed in any action or proceeding for services performed after the time of a written offer of settlement to a parent/adult student if:

1. the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of a due process complaint, at any time more than 10 days before the proceeding begins;

2. the offer is not accepted within 10 days; and 3. the court or administrative hearing officer finds that the relief finally obtained by the parents/adult students is not more favorable to the parents/adult students than the offer of settlement.

Attorneys’ fees may not be awarded relating to any meeting of the IEP Team, including resolution meetings, unless the meeting is convened as a result of a due process decision or judicial action. The court may award attorneys’ fees and related costs to a parent/adult student who is the prevailing party and who was substantially justified in rejecting the settlement offer.

The court may reduce the amount of the attorneys’ fees if the court finds the:

1. parent/adult student or the parent/adult student’s attorney, during the action or proceeding, unreasonably protracted the final resolution of the controversy;

2. amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;

3. time spent, and legal services furnished were excessive considering the nature of the action or proceeding; or 4. attorney representing the parent/adult student did not provide to the LEA the appropriate information in the due process complaint notice.

Provisions 1 through 4 (above) do not apply if the court finds that the WVDE or LEA unreasonably protracted the final resolution of the action or proceeding or there was a violation of procedural safeguards.

West Virginia Department of Education A Step-by-Step Guide to the Discipline Process for Students with Disabilities under the IDEA Student protected under the IDEA violates a school code of conduct.

Disciplinary removal for current misconduct is for less than 10 consecutive school days and removals total less than 10 cumulative school days in the school year. 34CFR 300.530(b)

Disciplinary removal for current misconduct is for less than 10 consecutive school days; however, removals total more than 10 cumulative school days in the school year. 34CFR §300.530(b)

Disciplinary removal for current misconduct is proposed for more than 10 consecutive school days.

Removal is a change of placement (COP). 34CFR §300.536(a)(1)

LEA may discipline and exclude the student from the current placement without obligation to provide FAPE services (unless LEA provides services to students without disabilities who are similarly removed). 34CFR §300.530(d)(3)

LEA must determine if the current removal is a pattern constituting a change of placement (COP) based on the similarity, length and proximity of behaviors. 34CFR §300.536 Notify parents on the date on which the decision is made to change the student’s placement for disciplinary reasons (same day) and provide procedural safeguards and PWN.

(34CFR §300.530(h)

Provide the student FAPE services as determined by IEP Team. 34CFR §300.530(d)(5)

School personnel, in consultation with at least one of the student's teachers must determine the extent to which FAPE services are needed to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the IEP goals.

CFR34 §300.530(d)(4)

Within 10 school days of the decision to remove the student for disciplinary reasons, the LEA, parents and relevant members of the IEP Team must conduct a manifestation determination. 34CFR §300.530(e)(1)

See Page 151 – Manifestation Determination West Virginia Department of Education A Step-by-Step Guide to the Discipline Process for Students with Disabilities under the IDEA Manifestation Determination Review Is the conduct a direct result of the LEA’s failure to implement the IEP?

Is the conduct caused by, or does the conduct have a direct and substantial relationship to the student’s disability? 34CFR §300.530(e)

Student’s conduct is not a manifestation of the student’s disability. 34CFR §300.530(c)

Student’s conduct is a manifestation of the student’s disability. 34CFR §300.530(e)

School personnel may apply the relevant disciplinary procedures in the same manner and for the same duration as for students without disabilities. 34CFR §300.530(c)

The IEP Team determines extent to which FAPE services are needed to enable the student to continue to participate in the general education curriculum, although in another setting, and progress toward meeting the IEP goals. 34CFR §300.530(d)(i)

If the conduct was a direct result of failure to implement the IEP, the LEA must take immediate steps to remedy those deficiencies. 34CFR §300.530(e)(3)

The IEP Team must conduct a FBA and develop a BIP, or review and modify an existing BIP, to address the behavior. 34CFR §300.530(f)(1)(i-ii) and AND return the student to the placement from which the student was removed, unless 1) the parent and LEA agree to a change of placement; 2) a hearing officer orders a new placement; or 3) the removal is for special circumstances (i.e., weapons, drugs or serious bodily injury). 34CFR §300.530(f)(2)

Provide, as appropriate, a FBA and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. 34CFR 300.530(d)(ii)

Special Circumstances (Weapons, Drugs, Serious Bodily Injury)

School personnel may remove a student to an Interim Alternative Educational Setting (IAES) for not more than 45 school days without regard to whether the behavior is a manifestation of the student’s disability, if the student: carries a weapon to or possesses a weapon at school, on school premises or to or at a school function; knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function; or has inflicted serious bodily injury upon another person while at school, on school premises or at a school function. 34CFR §300.530(g)

Notify parents on the same day of decision to change the student’s placement and provide procedural safeguards, including PWN. 34CFR §300.530(h)

Within 10 school days of the decision, conduct a manifestation determination. 34CFR §300.530(e)

The student’s IEP Team determines the appropriate IAES for the student. 34CFR §300.530(d)(2)

Severity Levels for Adaptive Functioning Taken from the Diagnostic and Statistical Manual of Mental Disorders 5th Edition (DSM-5)

Severity Levels for Adaptive Functioning Taken from the Diagnostic and Statistical Manual of Mental Disorders 5th Edition (DSM-5)

Severity Level Conceptual domain Social domain Practical domain Mild For preschool children, there may be no obvious conceptual differences. For school-age children and adults, there are difficulties in learning academic skills involving reading, writing, arithmetic, time or money, with support needed in one or more areas to meet age-related expectations. In adults, abstract thinking, executive function (i.e., planning, strategizing, priority setting and cognitive flexibility) and short-term memory, as well as functional use of academic skills (e.g., reading, money management), are impaired. There is somewhat concrete approach to problems and solutions compared with age-mates.

Compared with typically developing age-mates, the individual is immature in social interactions. For example, there may be difficulty in accurately perceiving peers’ social cues. Communication, conversation, and language are more concrete or immature than expected for age. There may be difficulties regulating emotion and behavior in age-appropriate fashion; these difficulties are noticed by peers in social situations. There is limited understanding of risk in social situations; social judgement is immature for age and the person is at risk of being manipulated by others (gullibility).

The individual may function age-appropriately in personal care. Individuals need some support with complex daily living tasks in comparison to peers. In adulthood, supports typically involve grocery shopping, transportation, home, and child-care organizing, nutritious food preparation and banking and money management. Recreational skills resemble those of age-mates, although judgement related to well-being and organization around recreation requires support. In adulthood, competitive employment is often seen in jobs that do not emphasize conceptual skills. Individuals generally need support to make health care decisions and legal decisions and to learn to perform a skilled vocation competently. Support is typically needed to raise a family.

Moderate All through development, the individual’s conceptual skills lag markedly behind those of peers. For preschoolers, language and pre-academic skills develop slowly. For school-age children, progress in reading, writing, mathematics and understanding of time and money occurs slowly across the school years and is markedly limited compared with that of peers. For adults, academic skill development is typically at an elementary level, and support is required for all use of academic skills in work and personal life. Ongoing assistance on a daily basis is needed to complete conceptual tasks of day-to-day life, and other may take over these responsibilities fully for the individual.

The individual shows marked differences from peers in social and communicative behavior across development. Spoken language is typically a primary tool for social communication but is much less complex than that of peers. Capacity for relationships is evident in ties to family and friends, and the individual may have successful friendships across life and sometimes romantic relations in adulthood. However, individuals may not perceive or interpret social cues accurately. Social judgment and decision-making abilities are limited, and caretakers must assist the person with life decisions. Friendships with typically developing peers are often affected by communication or social limitations. Significant social and communicative support is needed in work settings for success.

The individual can care for personal needs involving eating, dressing, elimination, and hygiene as an adult, although an extended period of teaching and time is needed for the individual to become independent in these areas and reminders may be needed., Similarly, participation in all household tasks can be achieved by adulthood, although an extended period of teaching is needed, and ongoing supports will typically occur for adult-level performance. Independent employment in jobs that require limited conceptual and communication skills can be achieved, but considerable support from co-workers, supervisors and others is needed to manage social expectations, job complexities and ancillary responsibilities such as scheduling, transportation, health benefits and money management. A variety of recreational skills can be developed. These typically require additional supports and learning opportunities over an extended period of time. Maladaptive behavior is present in a significant minority and causes social problems.

Severe Attainment pf conceptual skills is limited. The individual generally has little understanding of written language or of concepts involving numbers, quantity, time, and money. Caretakers provide extensive supports for problem solving throughout life.

Spoken language is quite limited in terms of vocabulary and grammar, Speech may be single words or phrases and may be supplemented though augmentative means, Speech and communication are focused on the here and now within everyday events. Language is used for social communication more than for explication. Individuals understand simple speech and gestural communication. Relationships with family members and familiar others are a source of pleasure and help.

The individual requires support for all activities of daily living, including meals, dressing, bathing, and elimination. The individual requires supervision at all times. The individual cannot make responsible decisions regarding well-being of self or others, In adulthood, participation in tasks at home, recreation and work requires ongoing support and assistance. Skill acquisition in all domains involves long-term teaching and ongoing support. Maladaptive behavior, including self-injury, is present in a significant minority.

Profound Conceptual skills generally involve the physical world rather than symbolic processes. The individual may use objects in goal-directed fashion for self-care, work, and recreation. Certain visuospatial skills, such as matching and sorting based on physical characteristics, may be acquired. However, co-occurring motor and sensory impairments may prevent functional use of objects.

The individual has very limited understanding of symbolic communication in speech or gesture. The individual may understand some simple instructions or gestures. The individual expresses desires and emotions largely through nonverbal, nonsymbolic communication. The individual enjoys relationships with well-known family members, caretakers and familiar others, and initiates and responds to social interactions through gestural and emotional cues. Co-occurring sensory and physical impairment may prevent many social activities.

The individual is dependent on others for all aspects of daily physical care health and safety, although the individual may be able to participate in some of these activities as well. Individuals without severe physical impairment may assist with some daily work tasks at home, like carrying dishes to the table. Simple actions with objects may be the basis of participation in some vocational activities with high levels of ongoing support. Recreational activities may involve, for example, enjoyment in listening to music, watching movies, going out for walks, or participating in water activities, all with the support of others. Co-occurring physical and sensory impairments are frequent barriers to participation (beyond watching) in home, recreational, and vocational activities. Maladaptive behavior is present in a significant minority.

Series 022 Regulations for Driver Education and Student Licensing (Policy 2422.2)

W. Va. Code R. § 126-22-1 General

1.1. Scope. -- This legislative rule establishes the standards and guidelines for driver education programs in West Virginia.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-6-1, and 18-8-11, et seq.

1.3. Filing Date. -- August 11, 2022.

1.4. Effective Date. -- September 12, 2022.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. §126CSR22, Policy 2422.2, Driver Education Regulations, filed October 14, 2021, and effective November 15, 2021, and repeals W. Va. 126CSR84, Policy 4150, Student Driver Eligibility Certificate, filed May 13, 2021, and effective July 1, 2021.

W. Va. Code R. § 126-22-2 Applicability

2.1. W. Va. Code §18-6-4, et seq., authorizes the West Virginia Board of Education (WVBE), with the advice of the State Superintendent of Schools (State Superintendent), to promulgate rules governing the establishment, conduct, and scope of driver education in public, private, and parochial secondary schools located within the state, subject to the requirements and exceptions set forth in W. Va. Code.

2.2. There shall be offered in all public secondary schools within the state, without charge to the students, an approved, comprehensive course in driver education. The course may be offered in summer school in addition to the regular instructional term. Before graduating from a secondary school, students shall be provided an opportunity and encouraged to successfully complete a driver education course approved by the WVBE. In those counties where, sufficient public secondary school driver education courses are not available to meet all requests for the course, county boards of education (county board) shall, as quickly as possible, make sufficient courses available to fill those requests.

2.3. The following standards shall be applicable for all driver education courses offered and made available to students within the state, regardless of whether the courses are offered by public, private, or parochial schools.

2.4. W. Va. Code §18-8-11, authorizes the WVBE, to promulgate a rule outlining compulsory school attendance and academic progress as a condition of licensing for the privilege of operation of a motor vehicle.

W. Va. Code R. § 126-22-3 Standards for an Approved Course

3.1. The driver education course shall be organized and designed in such a manner that is equivalent to or surpasses the following requirements.

3.1.a. Minimum and preferred requirements of the driver education course:

3.1.a.1. classroom instruction of 50 hours (66 hours preferred);

3.1.a.2. in-car observation of 10 hours (18 hours preferred); and

3.1.a.3. in-car practice driving of six hours or the equivalent according to the established and universally recognized ratio when simulation and multiple car instruction ranges are utilized.

3.2. At a minimum, driver education shall be scheduled as a one-semester program consisting of both classroom and laboratory instructional phases. In the case of schools using a block schedule of 90 minutes, the program may be scheduled as a nine-week program.

3.3. The course shall provide a minimum of one-half unit of credit.

3.4. Student on-street practice driving lessons shall be provided in an automobile equipped with a dual control brake, and a dual control clutch pedal for vehicles with manual shift transmissions. An approved/certified driver education teacher shall occupy the seat beside the student.

3.5. Classroom instruction shall not exceed the school’s typical instructional course timeframe.

3.6. Student in-car practice driving lessons shall be scheduled so that students will receive not more than one-half hour behind-the-wheel instruction per session and not more than one hour during any 24-hour period.

3.7. Along with the driver education teacher, a minimum of two and a maximum of four students shall occupy the driver education vehicle during on-street practice driving/instruction lessons.

3.8. Only eligible students shall participate in the laboratory (practice driving) part of the course. An eligible student is defined as one who is 15 years of age and older and is in grades 9-12 during the period of enrollment in the course. The student must not have a known mental or physical disability that would prevent the student from qualifying for an operator’s license, unless the disability is controlled or corrected so the student could so qualify. (W. Va. Code §18-6-3 and §18-6-5.)

3.9. Students at least 15 years of age or older may enroll in driver education and receive instruction and practical training in the operation of a motor vehicle on public streets and highways. Students who will not reach 15 years of age before completion of the driver education course may enroll, if space is available, after giving priority to those students who are already 15 years of age or older; instruction shall be limited to the classroom only.

3.10. Any student who is at least 15 years of age or older may enroll in driver education and operate a motor vehicle on West Virginia roadways without a Level I Instructional Permit while accompanied by an approved/certified driver education teacher occupying a seat beside the student and in an automobile equipped with dual controls. However, it is encouraged that a student possess a Level I Instructional Permit at the time the student enrolls in the course and begins the behind-the-wheel driving instruction.

3.11. Course content shall be taught in the driver education program as required in W. Va. Code §18-6-3 and W. Va. 126CSR44H, Policy 2520.8, West Virginia Driver Education Standards.

3.12. Multiple-vehicle driving range instruction/practice driving may substitute for a portion of the time required for on-street driving practice at a 2:1 ratio. However, such instruction shall be supplemented with a minimum of two hours of practice driving per student under actual traffic conditions. A minimum program would consist of eight hours practice driving on the range and two hours on-street driving.

3.13. Simulator instruction programs shall provide not more than one-half of the six hours on-street practice driving requirements at a 4:1 ratio. Therefore, a minimum program would be three hours of practice driving in real traffic conditions coupled with 12 hours of simulation.

3.14. In the scheduling of students for the course, a minimum of six hours driving practice/instruction is required for each enrolled student. The amount of practice driving instruction required by licensed students will vary depending on their individual skills and experience. Therefore, licensed students shall receive a minimum of three hours in-car practice driving/instruction, testing, and evaluation in a variety of highway and traffic conditions. If the student, in the best judgment of the driver education teacher, requires additional driving instruction to hone skills and improve driving performance, such time shall be provided. Any instructional time that is not utilized by the licensed student shall be applied to providing additional in-car practice driving to the less experienced students enrolled in the course.

W. Va. Code R. § 126-22-4 Standards for an Approved Teacher

4.1. The State Superintendent may issue a professional teaching certificate in driver education to applicants and teachers who meet the requirements for licensure and employment as an approved driver education teacher, as set forth in W. Va. §126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications. Failure to meet any of the conditions specified below may result in refusal, recall, suspension, or revocation by the State Superintendent.

4.1.a. An educator possessing a professional teaching certificate in driver education:

4.1.a.1. has held a valid motor vehicle operator's license for the past five years without interruption;

4.1.a.2. possesses good health and is free from impairments that would adversely affect the safety of students and the general public;

4.1.a.3. demonstrates a satisfactory driving record by submitting a certified copy of the driving record from the Department of Motor Vehicles in each state where the teacher has been licensed during the past five years;

4.1.a.4. has not accumulated more than nine points on the applicant’s driving record at any time during the past five years; and

4.1.a.5. has not been convicted and/or had a driving suspension or revocation of license on a charge of operating a motor vehicle while under the influence of alcohol, controlled substance, any other drugs, or the combination thereof; or by clear and convincing evidence, including but not limited to, and has not operated a motor vehicle while under the influence of same as established by a preponderance of evidence, such as a positive breath or blood test, or field sobriety test, notwithstanding the lack of a conviction or driving license suspension or revocation;

4.1.a.5.A. such individual shall not be licensed to teach driver education for at least two years subsequent to the first instance of conduct set forth in section 4.1.a.5. For the second instance, licensure shall be refused permanently.

4.1.a.6. waivers are not applicable to section 4.1.a.

4.2. Prior to employment as a driver education teacher in a West Virginia, the county superintendent shall verify that the applicant is an approved driver education teacher. Application for licensure must be made to the West Virginia Department of Education (WVDE).

4.3. An individual holding a First-Class/Full-Time Permit or Out-of-Field Authorization for Driver Education shall only be eligible to teach the course in the classroom and shall not be eligible to instruct students in the in-car practice driving.

W. Va. Code R. § 126-22-5 Driver Education Temporary Permit

5.1. The State Superintendent may issue a temporary permit or other certificate for the purpose of providing instruction in driver education to an individual who does not qualify for a professional certificate under section 4.1 subject to the requirements found in W. Va. Code §18-6-2.

W. Va. Code R. § 126-22-6 Standards for Summer Driver Education Courses

6.1. A summer driver education program shall consist of the same structured learning experiences required during the regular school term. All driver education regulations are applicable to the summer program with the exception that the summer program shall be conducted over a period of not less than five weeks.

W. Va. Code R. § 126-22-7 Duty to Report

7.1. A county superintendent who knows of any acts on the part of a driver education instructor for which a certificate or permit may be revoked shall report the same, together with all facts and evidence, to the State Superintendent.

W. Va. Code R. § 126-22-8 Accidents

8.1. Any accident involving the driver education vehicle shall be reported by the driver education teacher and handled by the county board immediately. If the incident involves student and/or teacher injury, it shall be reported to the WVDE Legal Services unit as soon as possible. All accidents shall be reported within five days to the WVDE Legal Services unit. In the event the driver education teacher is incapacitated and cannot report, the principal or principal's designee shall fulfill this responsibility.

W. Va. Code R. § 126-22-9 Insurance

9.1. Driver education teachers and cars shall be covered by county board secured liability coverage in an amount proportionate to coverage for its school bus fleet and school bus operators.

W. Va. Code R. § 126-22-10 Student Transfers Prior to Course Completion

10.1. When a student transfers to another school within the state prior to completing the course, appropriate records shall be forwarded to the new school. These records shall include course content/units of instruction completed and driving time and performance records. An out-of-state student shall provide documentation, on the sending school’s letterhead, specifying the nature and hours of instruction, observation, behind-the-wheel driving, and whether satisfactory performance in each was attained by the student.

W. Va. Code R. § 126-22-11 Commercial Driving Schools and Courses from Other States

11.1. As provided in W. Va. Code §18-6-8, commercial driving schools and courses from other states may be accepted by the WVBE if the requirements of section 3 are met.

11.2. The county board is not required to offer driver education to a student who has successfully completed a WVBE-approved driver education course.

W. Va. Code R. § 126-22-12 Students with Physical Disabilities

12.1. When students with physical disabilities are eligible for the laboratory phase of the course, driver education vehicles and simulators in the schools when they are used shall be equipped with appropriate devices to enable the students to successfully accommodate their physical disability.

W. Va. Code R. § 126-22-13 Program Reports

13.1. Certain data and information pertinent to the effective administration of the driver education program, the needs of other relevant and cooperating state agencies and national organizations shall, when requested, be reported to the WVDE.

W. Va. Code R. § 126-22-14 Driver Education Certificates

14.1. High School Driver Education Certificates and Adult Driver Education Certificates shall, in the judgment of the driver education teacher, be awarded to students demonstrating mastery of recommended course skills and content and a satisfactory level of driving performance.

W. Va. Code R. § 126-22-15 Use of Driver Education Vehicles

15.1. Those county boards securing dealer-loaned or leased vehicles shall use such vehicles only in compliance with an approved contract between the county board and car dealer. Dealer-secured vehicles shall be used for driver education purposes only.

15.2. County boards owning their driver education vehicle(s) shall establish a policy regarding the use of the driver education vehicle for any purpose other than teaching driver education during the school day or hours of the school day that the driver education program is scheduled. If the vehicle is used for any purpose other than driver education, any identification as a Student Driver or Driver Education shall either be covered or removed.

W. Va. Code R. § 126-22-16 Specifications for Identification of Driver Education Cars

16.1. Identification on any driver education car shall be visible to other drivers from all directions. It should indicate clearly that the car is being used for driver education and/or being operated by a student driver.

W. Va. Code R. § 126-22-17 Motor Vehicle Driver’s License Restrictions

17.1. School Attendance. When a student at least 15 but less than 17 years of age withdraws from school or fails to maintain satisfactory academic progress, the attendance director or chief administrator shall notify the West Virginia Division of Motor Vehicles (DMV) of the student’s withdrawal no later than five days from the date of the withdrawal.

17.1.a. Withdrawal from School. When a student accrues more than 10 consecutive days or 15 total days of unexcused absences during a school year or is suspended from school pursuant to W.Va. Code §18A-5-1a and §18A-5-1a(b).

17.1.b. Satisfactory Academic Progress. Student attains and maintains grades that will allow graduation and course work in an amount of time sufficient to allow graduation in five years or by age 19, whichever is earlier. This calculation includes the minimum annual earning of five credits to be on track to graduate in five years based on the graduation requirements set forth in W. Va. §126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510). Three of the five credits earned annually must be from the graduation requirements identified in Policy 2510.

17.2. When withdrawal from school or unsatisfactory academic progress is determined to be beyond the student’s control, or withdrawal from school is for the purpose of transferring to another school, and is documented by a parent or guardian, no notice shall be sent to the DMV to restrict the student’s license. If a student is applying for a license, the attendance director or chief administrator shall provide that student with documentation to present to the DMV to excuse the student from all of the above provisions.

17.3. Circumstances beyond the control of the student shall include, but not be limited to, medical reasons, familial responsibilities, and the necessity of supporting oneself or another. Suspension or expulsion from school or imprisonment in a West Virginia Division of Corrections and Rehabilitation facility is not a circumstance beyond the control of the student and shall be considered an unexcused absence for purposes of reporting withdrawals pursuant to this policy.

17.3.a. The county superintendent, or appropriate school official of any private secondary school, with the assistance of the attendance director and any other staff or school personnel, shall be the sole judge of whether any of the grounds for restriction of a license as provided by this policy are due to circumstances beyond the control of the student.

17.4. Notice to DMV. Restriction of Student’s Instruction Permit or License.

17.4.a. Within five days of receipt of the notice, the DMV shall send notice to the student that the student’s instruction permit or license to operate a motor vehicle will be restricted to driving for: 1) work, 2) medical purposes, 3) educational pursuits, and/or 4) religious pursuits.

17.4.a.1. The notice shall advise student that the student is entitled to a hearing before the county superintendent of schools or designee or before the appropriate private school official concerning whether the student’s withdrawal from school was due to a circumstance beyond the control of the student.

17.4.a.2. If the student’s instruction permit or license is restricted, the DMV may not reinstate the instruction permit or license until the student returns to school and shows satisfactory academic progress or until the student turns 17 years of age.

W. Va. Code R. § 126-22-18 Severability

18.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR22

126CSR22

Series 025A Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7)

W. Va. Code R. § 126-25A-1 General

1.1. Scope. -- This legislative rule establishes standards for certified school registered nurses (RNs), licensed practical nurses (LPNs), and other qualified school personnel to address student health needs. This rule also establishes standards for possession and use of medical cannabis by students.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §§16A-15-5(1), 18-2-5, 18-5-22, 18‑5‑22a, 18‑5‑22b, 18-5-22c(a)-(j), 18-5-22d, 18-2K-1, 30-7-1, et seq., and 30-7A-1, et seq.

1.3. Filing Date. -- August 11, 2022.

1.4. Effective Date. -- September 12, 2022.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR25A, Policy 2422.7, Standards for Basic and Specialized Health Care Procedures (Policy 2422.7), filed May 13, 2021, and effective July 1, 2021.

W. Va. Code R. § 126-25A-2 Purpose

2.1. Good health is essential to student learning. This policy establishes the standards that follow students with health care needs, including medication administration for students and the possession and use of medical cannabis by students in the West Virginia public education system. In addition to the standards outlined in this policy, county boards of education (county board) must comply with the Basic and Specialized Health Care Procedure Manual for West Virginia Public Schools designed for use by certified school RNs in West Virginia to assure the safe, consistent provision of health care guided by the laws and practice standards for West Virginia nurses as referenced in W. Va. Code §30-7-1, et seq. and §30‑7A-1, et seq. and by the West Virginia Board of Examiners for Registered Professional Nurses and the West Virginia State Board of Examiners for Licensed Practical Nurses. This policy shall not impact the operating procedures of School-Based Health Centers. It is not the intent of this policy to interfere with existing policies and procedures of health care providers managing School-Based Health Centers. County boards shall develop or amend policies to meet or exceed the standards outlined in W. Va. Code and this policy.

W. Va. Code R. § 126-25A-3 Definitions

3.1. Administrators’ Designees. School personnel as defined in W. Va. Code §18-5-22, excluding the certified school registered nurse (RN) or contracted provider of nursing services who are designated by the building administrators, are trained to administer non-prescribed over-the-counter (OTC) medication and agree to administer non-prescribed OTC medications when county policy allows such practice.

3.2. Basic Health Care Procedures. Procedures performed by school personnel to ensure and meet students’ health and safety needs.

3.3. Cardiopulmonary Resuscitation (CPR). A valid certificate from an approved training program requiring a return demonstration to an instructor for adult, child, and/or infant CPR, e.g., American Heart Association/American Red Cross.

3.4. Caregiver. A person who has met the requirements of the Medical Cannabis Act, W. Va. Code §§16A-1-1, et seq. to deliver and assist in the administration of medical cannabis for a designated patient who has been issued a medical cannabis identification card by the West Virginia Department of Health and Human Resources, Bureau for Public Health, and who has been issued a physician certification to use medical cannabis as part of the treatment of a serious medical condition.

3.5. Certified School Registered Nurse (RN). Licensed by the West Virginia Board of Examiners for Registered Professional Nurses (W. Va. Code §30-7-1, et seq.) who has completed a West Virginia Department of Education (WVDE) approved program as defined in the W. Va. 126CSR114, Policy 5100, Approval of Educator Preparation Programs, and meets the requirements for certification contained in W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/ Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202). The county board or the county health department must employ the certified school registered nurse RN specified in W. Va. Code §18-5-22.

3.6. Contracted Health Care Provider. Licensed health care provider who provides health care services under contract with county boards. Health care services may be contracted after the ratio of one nurse for every 1,500 students, kindergarten through seventh grade, is provided to county schools.

3.7. Contracted School Registered Nurse (RN). Employee of a public health department providing services under a contract with a county board to provide services considered equivalent to those required in W. Va. Code §18-5-22.

3.8. Designated Qualified Personnel. Employee or contracted provider who agrees to administer prescribed medications, authorized by the administrator/principal, completes training by the certified school RN, and is qualified for the delegation of the administration of prescribed medications by the certified school RN. Designated qualified personnel must also meet the specifications in W. Va. Code §18‑5-22(d) and (e), which includes delegation of specialized health care procedures and medications to aides, and medication only to teachers and secretaries.

3.9. Emergency Action Plan. Written plan of action for health care interventions based on the assessment of the certified school RN and/or health care provider intended to be implemented by school personnel to ensure the safety and welfare of students requiring health care in the school setting.

3.10. First Aid. Training course in the emergency treatment administered to an injured or sick person before professional medical care is available. The certified school RN will coordinate this training.

3.11. Health Assessment. Process by which the certified school RN obtains student health data. This assessment is comprehensive, systematic, and continuous to allow the certified school RN to make a nursing diagnosis and plan for interventions with the student, family, school staff, and licensed prescriber when necessary.

3.12. Health Care Plan. Written document developed by the certified school RN, which includes a nursing diagnosis, is individualized to the student's health needs, and consists of specific goals and interventions delineating the school nursing actions, delegated procedures, and student’s role in self-care.

3.13. Licensed Health Care Provider. Medical doctor or doctor of osteopathy, podiatrist, registered nurse, practical nurse, registered nurse practitioner, physician assistant, dentist, optometrist, pharmacist, or respiratory care professional licensed under W. Va. Code §30.

3.14. Licensed Practical Nurse (LPN). Person who has met all the requirements for licensure as a practical nurse and who engages in practical nursing under the direction of a Registered Professional Nurse as defined in W. Va. Code §30-7A-1, et seq. The LPN employed in a public school shall function under the supervision, assignment, and/or delegation of the certified school RN to perform nursing services (W. Va. Code §18A-4-8).

3.15. Licensed Prescriber. Licensed health care provider with authority to prescribe medication and health care procedures.

3.16. Medical Cannabis. Cannabis for certified medical use as set forth in the Medical Cannabis Act, W. Va. Code §§16A-1-1, et seq.

3.17. Medication Authorization Form. Form, inclusive of an order for prescribed medication, completed and signed by a licensed prescriber with a parent/guardian signature of permission to authorize medication administration to said parent’s/guardian’s child. The form must include the following: student name; date; allergies; medication name, dosage, time, and route; intended effect of medication; other medication(s) taken by the student; licensed prescriber and parent/guardian signature.

3.18. Non-prescribed Medication. Medication and food supplements approved by the Food and Drug Administration and may be obtained OTC without a prescription from a licensed prescriber.

3.19. Prescribed Medication. Medication with a written order signed by a licensed prescriber.

3.20. Performance Checklist. Tool used by the certified school RN to safely determine that designated school personnel meet the minimum standards required to perform necessary basic and/or specialized health care procedures.

3.21. Qualified. Ability to demonstrate competence and skills in the use of equipment and performance of techniques and procedures necessary to provide basic and/or specialized health care services for individuals with health needs and to demonstrate current knowledge of community emergency medical resources.

3.22. Related Services. Transportation and such developmental, corrective, and other supportive services as are required to assist an eligible exceptional student to benefit from education as defined in W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities. The term includes, but is not limited to, audiology, speech and language pathology, psychological services, physical and/or occupational therapy, counseling/social services, school health services, early identification and assessment, medical services for diagnostic or evaluation purposes, and parent training.

3.23. Retrained. Proper demonstration and/or instruction, as deemed necessary by the certified school RN.

3.24. School-Based Health Centers. Clinics located in schools that: 1) are sponsored and operated by community-based health care organizations; 2) provide primary health care services (including but not limited to diagnosis and treatment of acute illness, management of chronic illness, physical exams, immunizations, and other preventive services) to students enrolled in the health center; and 3) follow state and federal laws, policies, procedures, and professional standards for the provision of medical care.

3.25. School Health Manager. Certified school RN who reviews and interprets medical data related to student health problems and coordinates all school health services.

3.26. School Personnel. Any school employee, as defined in W. Va. Code §18-5-22, who is not a licensed health care provider but has been designated, trained, and deemed competent by a certified school RN and approved by a school administrator to provide basic and/or specialized health care procedure(s) for West Virginia public school students. School personnel includes administrators, teachers, aides, and secretaries as defined in W. Va. Code §§18-1-1, 18A-4-8, and 18-5-22.

3.27. School-Related Events. Any curricular or co-curricular activity, as defined by W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs, that is conducted outside of the school environment and/or instructional day. Examples of curricular and co-curricular activities include the following: band and choral presentations, theater productions, science or social studies fairs, mathematics field days, career/technical student organizations' activities, or other activities that provide in-depth exploration or understanding of the content standards and objectives appropriate for students' grade levels.

3.28. Self-administration. Administration of medication by the student under the approval, assessment, and supervision of the certified school RN with a licensed prescriber order and parent/guardian permission. The self-administration of prescribed medication may also include medication taken by a student in an emergency or an acute situation (e.g., rescue inhaler, epinephrine, diabetic medication, etc.). The self-administration of medical cannabis by a student is prohibited on or in school property or at a school-related event.

3.29. Serious Medical Condition. Any condition diagnosed by a physician and specified in the Medical Cannabis Act, W. Va. Code §§16A-1-1, et seq., for which medical cannabis may be certified for use by a patient as part of a treatment for the condition.

3.30. Specialized Health Care Procedures. Procedures ordered by the student's licensed prescriber(s) requiring medical and/or health-related training for the individual who performs the procedures.

3.31. Stock Medications. Medication purchased by the school system under the authorization of a licensed prescriber with medical standing protocols and procedures for administration to students, staff, and other persons as allowable by code and policies, such as opioid antagonist and epinephrine.

3.32. Supervision of Designated School Personnel. Periodic on-site review and documentation by the certified school RN verifying the competence of that individual in performing basic and/or specialized health care procedures and maintaining appropriate records.

3.32.a. Direct Supervision. Providing availability for consultation and/or referral for appropriate assistance.

3.32.b. Indirect Supervision. Certified school RN being available to the qualified, designated school personnel either in person or through electronic means to provide necessary instruction, consultation, and/or referral for appropriate assistance.

3.33. Tele-health. Use of electronic information and telecommunications technologies to provide professional health care.

3.34. Training. Instruction and demonstration provided to designated school personnel to be qualified for the performance of basic and/or specialized health care procedures.

W. Va. Code R. § 126-25A-4 Training and Certification for Designated School Personnel

4.1. Training Program. School personnel, who provide basic and/or specialized health care procedures for students with special health needs, shall undergo training and demonstrate competency in the performance of required training outlined in section 4.1. In addition, applicable basic and/or specialized training will be required for all school personnel performing health care procedures.

4.1.a. Required Training. All personnel defined in section 3.24 must be trained in:

4.1.a.1. handling and disposal of body fluids;

4.1.a.2. basic first aid;

4.1.a.3. CPR; and,

4.1.a.4. confidentiality.

4.1.a.4.A. School personnel performing basic health care procedures may be exempt from the required training of first aid and CPR if deemed unnecessary by the certified nurse RN, e.g., medication administration for a one-time school-related event/field trip.

4.1.b. Basic Training. Individualized training in the performance of any one or more basic health care procedures as applicable to employee job assignment.

4.1.c. Specialized Training. Individualized training in the performance of any one or more specialized health care procedures as applicable to employee job assignment.

4.2. A certified nurse RN must provide and/or coordinate training and retraining.

4.3. The certified nurse RN shall complete an assessment of the performance of each procedure. This assessment shall include completing a skills performance checklist, concerning changes in student health care needs, licensed prescriber’s orders, and medical/health technology.

4.4. The certified school RN shall determine the category of direct or indirect supervision required in each situation.

4.5. Simulation or use of training models shall be the preferred methods of training. The procedure‘s initial practice shall be simulated or performed on models rather than students, whenever possible.

4.6. School personnel shall be retrained, every two years on the performance of all basic and/or specialized health care procedures currently prescribed and being performed by the personnel.

4.7. School personnel will complete required training prior to performing any basic and/or specialized health care procedure.

4.7.a. Required training certification must assure:

4.7.a.1. completion of required training program stipulated for all employees as defined in section 4.1; and

4.7.a.2. demonstrated competence in the required training to be performed in section 4.1.a.

4.7.b. Basic and specialized certification must assure:

4.7.b.1. completion of required training program stipulated for all employees defined in section 4.1;

4.7.b.2. completion of training in all basic and/or specialized health care procedures to be performed; and

4.7.b.3. demonstrated competence based on a performance checklist.

4.8. The Basic and Specialized Health Care Procedure Manual for West Virginia Public Schools must be used to teach and train basic and specialized health care procedures. The training may be provided by:

4.8.a. certified school RNs;

4.8.b. career technical centers;

4.8.c. independent faculty approved by a certified nurse RN;

4.8.d. schools of nursing;

4.8.e. public health department;

4.8.f. licensed health care provider;

4.8.g. contracted school RN; or

4.8.h. contracted licensed health care provider.

W. Va. Code R. § 126-25A-5 System for School Admission and Care

5.1. For students needing specialized health care procedures, the certified school RN shall assess the student, review the licensed prescriber’s order, and assure implementation of needed health and safety procedures. This assessment shall be completed before initial school attendance and following any absence during which a health condition may have changed, necessitating reevaluation.

5.2. The licensed prescriber’s orders are kept on file in the student's permanent educational record. These orders are valid for a maximum of one school year unless changed by the licensed prescriber.

5.3. Certified school RNs shall utilize the most current West Virginia Board of Examiners for Registered Professional Nurses Guidelines for Determining Acts that May be Delegated or Assigned by Licensed Nurses as the mechanism for determining assignment and/or delegation of any aspect of basic and/or specialized health care.

5.4. Certified school RNs shall validate and document student knowledge and skills related to prescribed medication self-administration.

W. Va. Code R. § 126-25A-6 Health Care Plan and Emergency Action Plan

6.1. All students receiving specialized health care procedure(s) during the school day and school-related events shall require a health care plan.

6.2. The certified school RN shall prepare the health care plan based on assessment of the student and/or a written order by a licensed prescriber and in collaboration with the parent/guardian. The health care plan may be shared with other school personnel for legitimate educational reasons as indicated in The Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99) such as, but not limited to, Individualized Education Program (IEP) Team, Section 504 of the Rehabilitation Act of 1973 (Section 504) Team, Student Assistance Team meetings, classroom teachers providing oversight and care to the student, and Medicaid billing, etc.

6.3. The health care plan shall guide the certified school RN’s care of the student. The certified school RN will develop and revise the health care plan using best practices such as North American Nursing Diagnosis Association International nursing diagnosis. The health care plan will be reviewed and revised on an annual basis or as necessary with any change in the student’s condition or provider’s order.

6.4. The plan shall include:

6.4.a. nursing assessment;

6.4.b. nursing diagnosis;

6.4.c. goals and expected outcomes;

6.4.d. interventions; and

6.4.e. evaluation.

6.5. Emergency action plans may be included at the discretion of the certified school RN to guide designated school personnel, classroom teachers, and school bus operators in providing emergency care and/or specialized health care procedures for students.

W. Va. Code R. § 126-25A-7 Quality Assurance

7.1. In consultation with the Commissioner of the Bureau for Public Health as outlined in W. Va. Code §18-5-2 (c) and (j), the Basic and Specialized Health Care Procedure Manual for West Virginia Public Schools shall be utilized as the minimum standard for safe practice.

7.1.a. As medical practices change and new technology develop, other valid nursing resources may be used to ensure the standard of practice and safety of student care. The resources may include the Lippincott Manual of Nursing Practice by Williams and Wilkins and Managing the Chronic Health Needs in Child Care and Schools by the American Academy of Pediatrics.

7.2. The Basic and Specialized Health Care Procedure Manual for West Virginia Public Schools shall be reviewed and revised on a biennial basis or as deemed necessary by the West Virginia Council of School Nurses based on the needs assessments conducted by certified school RNs.

7.3. The Council of School Nurses shall meet at least bi-annually, or more frequently as deemed necessary by the Chair of the Council in consultation with the WVDE, for review of certification and training program(s) regarding school personnel designated to perform basic and/or specialized health care procedures.

7.4. The certified school RN shall participate in continuing education programs, which provide:

7.4.a. training related to new specialized health care procedures; and

7.4.b. staff development applicable to effective school health practice.

7.5. The certified school RN must develop a monitoring system with appropriate time frames to ensure safety and effective monitoring of the assignment and delegation of all basic and/or specialized health care procedures.

7.6. The certified school RN may utilize tele-health to provide school nursing services and consultation for all students, including those with specialized health care needs. Each county should develop procedures/protocols to provide a framework for the use of tele-health to ensure safety and delivery of quality care as permissible with the assistance of modern technology. The decision to utilize tele-health is at the discretion of the certified school RN based on nursing assessment, student needs, accessibility of equipment and services, etc., in collaboration with school administration to support the student and assistive technology during the tele-health session.

W. Va. Code R. § 126-25A-8 School Health Records

8.1. Confidentiality and release of student health information and records shall be protected and maintained as outlined in W. Va. 126CSR94, Policy 4350, Procedures for Collection, Maintenance and Disclosure of Student Data and FERPA.

8.2. An individual record will be maintained for each student needing a specialized health care procedure. It will include the date and time the procedure was performed, any notes on events and/or interactions, and the person’s signature performing/supervising the procedure.

8.3. Certified school RNs and LPNs must use standardized nursing terminology when recording nursing notes to establish care standard documentation.

8.4. Student health records are educational records under FERPA guidelines.

8.4.a. Health records are considered highly confidential and access to it is decided among county and school teams including the school RN.

8.4.b. Storage of health records must ensure confidentiality and access as allowable by FERPA including legitimate educational reasons required by the Student Assistance Team (SAT), Section 504, IEP, student’s classroom teacher, school bus operator, and others as determined by the county and school teams.

8.4.c. Student health records must be maintained two years from completion of the student’s education.

8.4.d. Records to verify the implementation of federally funded programs and services and to demonstrate compliance with program requirements must be maintained in compliance with the appropriate regulations.

W. Va. Code R. § 126-25A-9 Staffing Requirements

9.1. Certified school RNs must be employed to ensure adequate provision of services to students with complex health care needs. RNs have the authority and the ability to teach and supervise other persons to render selected health services and/or procedures. (W. Va. Code §18-5-22.)

9.2. The certified school RN must have a current license as a registered professional nurse in the State of West Virginia (W. Va. Code §30-7-1, et seq.). The school RN must be certified as a school RN, as outlined in Policy 5202. The certified school RN must be employed by the county board or the county health department (W. Va. Code §18-5-22) which contracts to provide equivalent services to county boards. Performance of professional nursing service means both independent nursing functions and health‑related services which require specialized knowledge, judgment, and skills as governed by the West Virginia Nurse Practice Act (W. Va. Code §30-7-1, et seq.) and the National Association of School Nurses, Inc., Scope and Standards of Professional School Nursing Practice.

9.3. The certified school RN manages medical contacts, referrals, and interpretations of medical data. The certified school RN serves as the manager for health-related problems and decisions. In the role of manager, the certified school RN is responsible for certified school RN practice standards concerning health appraisal and health care planning.

9.4. School personnel, with the approval of the principal and the county board, may elect or in some cases be required to provide approved specialized health care procedures, and such procedures shall be delegated by the certified school RN as deemed appropriate. The certified school RN shall provide for training, retraining, and supervision, and, upon completion, certify the satisfactory level of competence before school personnel performs basic and/or specialized health care procedures. Qualified designated school personnel may be deemed not qualified in the performance of delegated basic and/or specialized health care procedures based on the ongoing monitoring and supervision by the certified school RN.

9.5. The LPN must be currently licensed in the State of West Virginia (W. Va. Code §30-7A-1, et seq.) and must function under the supervision of the registered professional nurse or licensed physician. W. Va. Code §18A-4-8 defines licensed practical nurse as a nurse licensed by the West Virginia State Board of Examiners who is employed to work in a public school under the supervision of a certified school RN. The LPN shall not function as a certified school RN or as a school RN. The LPN completes a 12-month career and technical or community college program, obtains a diploma, and holds a valid West Virginia LPN licensure. A certified school RN has completed four to six years of college education, holds a minimum of a Bachelor’s degree in nursing, certification in school nursing, and a valid West Virginia RN licensure.

9.5.a. LPN working under the school RN’s supervision shall practice under assigned and/or delegated nursing duties from the certified school RN. County policy may include, but not be limited to, the following:

9.5.a.1. nursing competencies;

9.5.a.2. itinerant status due to the continuous changes in student health care affecting the staffing of county health care providers;

9.5.a.3. ability to receive written, verbal, telephone, faxed, electronic, and/or emailed orders for student care from a licensed health care provider/prescriber with communication to the certified school RN responsible for the overall care of the student;

9.5.a.4. contribution to the nursing assessment by collecting, reporting, and recording objective and subjective data, including health screenings, in an accurate and timely manner to the certified school RN; and

9.5.a.5. ability to provide student and staff education related to health promotion, disease prevention, and chronic diseases.

9.6. A licensed prescriber and/or professional nurse may be held liable for delegating professional responsibilities to individuals not qualified to perform them.

W. Va. Code R. § 126-25A-10 Administration of Medication

10.1. Certified school RNs and LPNs are bound by standards of practice by the West Virginia RN and LPN boards when administering medication.

10.1.a. Medication administration by RNs, LPNs, and trained, designated school personnel shall occur in a clean and quiet environment where privacy is assured and with minimal interruptions.

10.1.b. The initial dose of any medication should be administered at home, excepting emergency medications, unless otherwise directed by the licensed prescriber and/or a court order.

10.1.c. Parents/guardians shall provide completed and signed medication authorization form(s) to be provided by the county board, indicating the student’s name; date; allergies; medication name; dosage, time, and route; intended effect of medication; other medication(s) taken by the student; licensed prescriber; and parent/guardian signature. Parents/guardians shall also replenish long-term and emergency prescribed medication as needed and retrieve unused or expired medicine from school personnel no later than 30 days after the authorization to give the medication expires or on the last day of school.

10.1.d. All medication prescribed by a physician shall be in the originally labeled container from the pharmacy stating the student’s name, name of the medication, reason(s) for the medication (if to be given only for specific symptoms), dosage, time, route, reconstitution directions if applicable, and the date the prescription and/or medication expires.

10.1.e. All OTCs falling under the school principal’s supervision shall be in the original manufacturer’s container with the student’s name and dosage instructions affixed to the container. The school principal may designate school personnel as defined in this policy to be trained to administer OTCs. The designated school personnel should undergo OTC retraining every two years. The WVDE provides online training for OTC administration.

10.1.f. A county board may choose to develop a medication policy allowing the administration of OTC medications with the parent’s/guardian’s consent.

10.1.g. Designated school personnel shall receive and review the emergency medication and medication authorization form and obtain authorization from the certified school RN to administer the medication. The student shall not attend school until both the administration form and medication are received to prevent risking the safety and welfare of the student. The SAT, Section 504, or IEP team shall consider the lack of emergency lifesaving medication(s) as child neglect.

10.1.h. The certified school RN is to be contacted immediately when a prescribed medication’s appearance or dosage is questioned. The certified school RN shall take appropriate steps to ensure the medication is safe to administer.

10.1.i. The certified school RN is to be contacted immediately when a student’s health condition suggests that it may not be appropriate to administer the medication.

10.1.j. When a student’s medical condition requires a change in the medication dosage or schedule, the parent/guardian shall provide a new written medication authorization form from a licensed prescriber and container. The parent/guardian shall give medication changes to designated personnel within an appropriate timeframe.

10.1.k. Schools may use those stock medications permitted by W. Va. Code §18-5-22(c) (epinephrine) and §18-5-22(d) (opioid antagonist) if the county board adopts a policy under sections 12.2 through 12.14. Schools are required to follow the county board policy and may voluntarily adopt W. Va. Code §18‐5‐22(c) (stock epinephrine) as outlined in section 12.2 and W. Va. Code §18-5-22(d) (stock opioid antagonist) as outlined in section 12.10. County boards shall follow the procedures and protocols for school health and school nursing, as outlined in W. Va. Code and WVBE policies.

10.1.l. Schools should develop a mechanism to ensure all students, especially those with specialized health care needs, participate in school-related field trips. This mechanism should include advance notification to the certified school RN and/or the county’s school health services director to ensure out-of-state field trip destinations allow reciprocity and delegation of certain health care procedures by their state board of nursing laws and practice acts since the certified school RNs are licensed to practice nursing only in West Virginia. County boards may consider allowances and reimbursement to certified school RNs and LPNs to hold a compact nursing license, allowing nursing practice in multiple states to support classroom field trips.

10.2. Medication administration errors include, but are not limited to, any deviation from the instructions provided by the licensed health care provider. The certified school RN and administrator/principal shall be contacted immediately in the event of a medication administration error. In the event of a medication administration error the certified school RN or administrator/principal shall do the following:

10.2.a. contact the physician, parent/guardian, and if necessary, emergency medical services;

10.2.b. notify the certified school RN or administrator recommendation and/or licensed prescriber order in response to a medication administration error;

10.2.c. document all circumstances, orders received, actions taken, and student’s status; and

10.2.d. submit a written report to the administrator and county superintendent at the time of the medication administration error. The report should include the student’s name; the parent/guardian name and phone number; a specific statement of the medication incident; the person notified; and the remedial actions.

10.3. Self-administration of medication is permitted under W. Va. Code §§18-5-22a, 18 5-22b, and 18‑2K-1, et seq. when all of the following conditions are met.

10.3.a. A written medication authorization form is received from the parent/guardian and licensed prescriber permitting self-administration of medication;

10.3.b. The student has demonstrated the ability and understanding to self-administer medication by passing an assessment by the certified school RN evaluating the student’s self-administration technique and understanding the appropriate use of the medication;

10.3.c. The parent/guardian has acknowledged in writing that they have read and understood a notice provided by the county board stating that the county board, school, and its employees and agents are exempt from any liability, except for willful and wanton conduct, resulting in injury arising from the self-administration of medication;

10.3.d. The permission to self-administer medication shall be sufficient for the school year during which it is granted. All documents related to the self-administration of medication shall become part of the student’s health record; and

10.3.e. The permission to self-administer medication may be revoked if the certified school RN finds that the student’s technique and/or understanding of the medication’s use is not appropriate or is being willfully disregarded.

W. Va. Code R. § 126-25A-11 Medication Storage, Inventory, Access, and Disposal

11.1. Each school shall designate space in the building to store student medication at the correct temperature, in a secure, locked, clean cabinet or refrigerator, as required. Schools shall maintain epinephrine auto-injectors in a secure, unlocked location accessible to only certified school RNs, health care providers, and authorized nonmedical personnel and not by students. Special considerations may include transportation of medications on school buses with provisions specified for storage of medication, safety, and the return of medication to school.

11.2. All medication shall be entered on a medication inventory and routinely monitored for expiration and disposal.

11.3. Access to medications shall be under the school principal’s authority in conjunction with the certified school RN assigned to that school. `

11.4. An appropriate supply of long-term and emergency prescribed medication may be maintained at the school in amounts not to exceed school dosages within each calendar month.

11.5. School personnel shall dispose of unused or expired medicine unclaimed by the parent/guardian no later than 30 days after the parent/guardian medication authorization expires or on the last day of school, whichever comes first.

11.6. Medication disposal shall be done in a manner in which no individual has access to any unused portion. Two individuals shall witness the medication’s disposal and the two individuals shall document the procedure on the appropriate form related to the specific student.

W. Va. Code R. § 126-25A-12 Emergency Medication

12.1. The West Virginia Registered Nurses Board and W. Va. Code allows for the delegation of specific prescribed emergency medication. There are emergency medications that can only be administered by licensed nurses, such as, but not limited to, intranasal midazolam and intravenous clotting factor. The following emergency medications have been approved for school RNs to determine the ability to delegate, train, and continuously supervise school personnel to administer when a diagnosis and order are in place and the school RN or LPN is not available to provide such care:

12.1.a. glucagon;

12.1.b. epinephrine;

12.1.c. albuterol or other emergency asthma medication;

12.1.d. opioid antagonist; and

12.1.e. certain seizure medication can only be delegated to unlicensed school personnel if ordered by the student’s physician and the certified school RN provides the final determination to allow delegation.

12.2. A public, private, parochial, or denominational school located within this state may possess and maintain at the school a supply of epinephrine auto-injectors for use in emergency medical care or treatment for an anaphylactic reaction. Each county board may also develop an optional stock epinephrine policy during secondary activity/extracurricular events outside the school day. A prior diagnosis for a student or school employee requiring the use of epinephrine auto-injectors is not necessary to permit the school to stock epinephrine auto-injectors.

12.3. Epinephrine auto-injectors shall be maintained by the school in a secured, unlocked location, which is only accessible by certified school RNs, health care providers, and authorized nonmedical personnel, and not by students.

12.4. An allopathic physician licensed to practice pursuant to the provisions of W. Va. Code §30-3-1 or an osteopathic physician licensed to practice pursuant to the provisions of W. Va. Code §30-14-1 may prescribe within the course of the physician’s professional practice standing orders and protocols for use when necessary by a school that wishes to maintain epinephrine auto-injector pursuant to the provisions of this section.

12.5. Certified school RNs are authorized to administer an epinephrine auto-injector to a student or school employee during regular school hours or at a school function when the certified school RN medically believes the individual is experiencing an anaphylactic reaction. A certified school RN may also use the school supply of epinephrine auto-injectors that meet the requirements of a prescription on file with the school for a student or school personnel.

12.6. Designated qualified school personnel and, at the county board’s discretion, school transportation employees, may administer epinephrine when they reasonably believe, based upon their training, that an individual is experiencing an anaphylactic reaction. These employees must have been trained in the administration of an epinephrine auto-injector by the certified school RN and have been designated and authorized to administer the epinephrine auto-injector to a student or school employee during regular school-related events.

12.6.a. Designated qualified school personnel may also use the school supply of epinephrine auto‑injectors for a student or school employee authorized to self-administer that meet the requirements of a prescription on file with the school. Transportation employees, including school bus operators, are not eligible to receive the additional pay provided in W. Va. Code §18-5-22(e).

12.7. The parent/guardian of a student administered a school-maintained epinephrine auto-injection shall be provided with a comprehensive notification immediately. The comprehensive notification should include the date and the approximate time the incident occurred, symptoms observed, who administered the injection, the rationale for administering the injection, the response to the epinephrine administration, the dose of epinephrine administered, the current location of the student, and any other necessary elements to make the student’s parent/guardian fully aware of the circumstances surrounding the administration of the injection and the student’s subsequent health status.

12.8. A certified school RN or designated qualified school person who administers an epinephrine auto-injection to a student or a school personnel provided in this policy and in W. Va. Code §18‑5‑22(c) is immune from liability for any civil action arising out of any act or omission resulting from the administration of the epinephrine auto-injection unless the act or omission was the result of the certified school RN or trained and authorized nonmedical school personnel’s gross negligence or willful misconduct.

12.9. The county board shall provide training on anaphylaxis and allergy awareness for food service workers and others in the school system.

12.10. W. Va. Code §18-5-22(d) allows county boards the option to adopt stock opioid antagonist policies under a standing order by a licensed prescriber with specific protocols for administration by certified school RNs and other licensed RNs and LPNs working in the school. County boards must follow the protocols/standards for dosage set forth by the West Virginia Department of Health and Human Resources. The certified school RN shall train the designated school personnel for administration of an opioid antagonist, deem competent, and authorize them to administer an opioid antagonist. The opioid antagonist may be given to a student, school personnel, or any person on school property during regular school hours. Administration of the opioid antagonist may be given when the authorized personnel believes, based upon their training, that the individual is experiencing an adverse opioid event.

12.11. All licensed prescribers who prescribe an opioid antagonist to a school or county shall provide educational materials and training to the certified school RN, other licensed nurses, and school employees working in the opiate-related overdose prevention and treatment programs, as well as materials on administering the prescribed opioid antagonist.

12.12. Any certified school RN, other licensed nurses, and designated and trained school personnel who administers an opioid antagonist as provided in this policy and W. Va. Code §18-5-22(d) is immune from liability for any civil action arising out of any act or omission resulting from the administration of the opioid antagonist unless the act or omission resulted from the school RN or trained and authorized nonmedical school personnel’s gross negligence or willful misconduct.

12.13. Prior notice to the parent/guardian of a student of the administration of the opioid antagonist is not required. Immediately following the administration of the opioid antagonist, the school shall provide notice to the parent/guardian of a student who received the opioid antagonist. Any certified school RN, other licensed nurse, and designated school personnel working in the school who administers an opioid antagonist to a person believed to be suffering from an opioid-related overdose is required to seek additional medical treatment at a medical facility for that person immediately following the administration of the opioid antagonist to avoid further complications resulting from a suspected opioid-related overdose. The notice shall include who administered the opioid antagonist, the rationale for administering the antagonist, the approximate time of the administration of the opioid antagonist, and any other necessary elements to make the student’s parent/guardian fully aware of the circumstances surrounding the administration of the antagonist.

12.14. All public schools must report each incident resulting in administering epinephrine injections and administering opioid antagonist in their county. Public schools must report other medication administration errors (e.g., wrong dose, incorrect medication administered, other medication administration errors). The medication administration errors will be reported to the West Virginia Poison Center by calling 1-800-222-1222 after emergency medical services have transported the student or staff member to acute care. The notification should include the name of the student, the student’s age and gender, date and the approximate time the incident occurred, symptoms observed, who administered the injection, the name of the school the student attends, a contact telephone number, the rationale for administering the injection, the response to the epinephrine administration or opioid antagonist, the dose of epinephrine or opioid antagonist administered, and any other necessary elements to provide a complete report for the individual situation. The West Virginia Poison Center will provide the data upon request to the public schools, county boards, and annually to the State Superintendent of Schools. The State Superintendent of Schools shall prepare an annual report to present to the West Virginia Legislature’s Joint Committee on Government and Finance as set forth in W. Va. Code §4-3, by December 31 of each year.

W. Va. Code R. § 126-25A-13 Student Rights

13.1. Students are entitled to the assignment of qualified personnel.

13.2. FERPA affords students the right to privacy, dignity, respect, and courtesy.

W. Va. Code R. § 126-25A-14 Medical Cannabis

14.1. A parent/guardian of any student who has been issued a medical cannabis identification card by the West Virginia Department of Health and Human Resources, Bureau for Public Health, and who has been issued a physician certification to use medical cannabis as part of the treatment of a serious medical condition, shall notify the school principal before medical cannabis may be administered on or in school property or at a school-related event.

14.2. Such notification shall be on a form that shall include the name of the student and the name and contact information for the student’s caregiver.

14.3. In addition to such notification, a parent/guardian shall provide the following documentation to the school principal:

14.3.a. the student’s identification card issued by the West Virginia Department of Health and Human Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W. Va. Code §§16A‑1‑1, et seq.;

14.3.b. the caregiver’s identification card issued by the West Virginia Department of Health and Human Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W. Va. Code §§16A‑1‑1, et seq.; and

14.3.c. a certification issued by a physician who is registered with the West Virginia Department of Health and Human Resources, Bureau for Public Health, that authorizes the use of medical cannabis by the student and that meets the requirements of W. Va. Code §16A-4-3 and §16A-4-4.

14.4. The notification and documentation specified in section 14.3 of this policy shall be updated at least annually by the student’s parent/guardian.

14.5. A parent/guardian shall provide written notice to the school principal within ten days of any of the following:

14.5.a. a change in the student’s designated caregiver;

14.5.b. a change in the student’s physician for the purpose of certifying medical cannabis use by the student;

14.5.c. if the student ceases to have a serious medical condition for which medical cannabis may be used; or

14.5.d. if the student’s, caregiver’s or certifying physician’s identification card, registration or other authorization to use, deliver, administer, certify, or authorize medical cannabis has become void, has expired, has been suspended or revoked, or has been otherwise terminated or discontinued.

14.6. The notification and copies of the documentation specified in sections 14.1, 14.2, 14.3, 14.4, and 14.5 of this policy shall be kept on file as part of the student’s educational record.

14.7. Upon notification and receipt of the documentation required by this policy, a school principal shall allow a designated caregiver to administer medical cannabis to a student on or in school property or at a school-related event in accordance with a physician’s certification, including the medical cannabis form or delivery route, dosage, and timing.

14.8. Medical cannabis shall not be stored on school property nor shall it be administered by school personnel unless the student is the child or is in the legal custody of a school employee and the school employee is the student’s designated caregiver.

14.9. Medical cannabis administered on or in school property or at a school-related event shall be in in a form permitted by W. Va. Code §16A-3-2 and may not be administered in dry leaf or plant form.

14.10. If medical cannabis is administered on or in school property, the designated caregiver shall abide by the school’s policies and procedures for visitors to the school.

14.11. If medical cannabis is administered at a school-related event, the designated caregiver shall administer it in an area outside of the view of other students and in accordance with any policies and procedures established by the school.

14.12. A designated caregiver shall not administer medical cannabis in a manner that creates disruption to the educational environment or the school-related event, or that causes exposure to other students or persons.

14.13. A student, even if 18 years or older or emancipated, may not possess or self-administer medical cannabis on or in school property or at a school-related event. Only a designated caregiver may possess and administer medical cannabis to a student on or in school property or at a school-related event. A student who is 18 years or older or who is emancipated shall provide the notices and documentation required by sections 14.1, 14.2, 14.3, 14.4, and 14.5 of this policy and must designate a caregiver for the purposes of possession and administration of medical cannabis on or in school property or at a school-related activity.

14.14. After the designated caregiver administers medical cannabis to a student, the caregiver shall remove any remaining medical cannabis from the school property or school-related event.

14.15. As is the case with controlled or illegal substances, student possession, use, distribution, sale, or being under the influence of marijuana or marijuana derivatives is inconsistent with this policy.

14.16. In accordance with W. Va. Code §16A-15-4, a student shall not be subject to discipline solely for the lawful use of medical cannabis.

14.17. Any information received by a school pursuant to section 14 of this policy related to medical cannabis and containing confidential information or personally identifiable information is protected by FERPA and shall become part of the student’s educational record.

14.18. Any county board that can reasonably demonstrate that it will lose or has lost federal funding as a result of complying with section 14 of this policy related to medical cannabis may seek a waiver from the WVBE.

W. Va. Code R. § 126-25A-15 Penalties

15.1. Failure of any school personnel to comply with this policy will result in personnel disciplinary actions based on state and county board policies.

W. Va. Code R. § 126-25A-16 Administrative Due Process

16.1. Families dissatisfied with any part of the management and/or delivery of school health services or the management and/or administration of medical cannabis during the curricular or co‑curricular day and school-related events should:

16.1.a. schedule a meeting with the certified school RN and school principal or designee; and/or

16.1.b. follow due process procedures as outlined in Policy 2419, Section 504, and/or W. Va. 126CSR188, Policy 7211, Conflict Resolution Process for Citizens.

W. Va. Code R. § 126-25A-17 Severability

17.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 026 Participation in Extracurricular Activities (Policy 2436.10)

W. Va. Code R. § 126-26-1 General

1.1. Scope. -- This legislative rule establishes academic eligibility of students to participate in extracurricular activities both during and after normal school hours in West Virginia public schools.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code §§18-2-5, 18-2-25, 18-8-1, and 18-8-1a.

1.3. Filing Date. -- July 8, 2024.

1.4. Effective Date. -- August 7, 2024.

1.5. Repeal of Former Rule. -- This rule amends W. Va. 126CSR26, Policy 2436.10, Participation in Extracurricular Activities, filed July 14, 2022, and effective August 15, 2022.

W. Va. Code R. § 126-26-2 Purpose

2.1. This policy promotes expectations of academic performance for students engaged in extracurricular activities. While students bear the responsibility to meet these expectations, school administrators are required to enforce eligibility rules to create a school environment primarily focused on academic performance.

W. Va. Code R. § 126-26-3 Applicability

3.1. This policy applies only to interscholastic athletics, student government, and class officers in grades 6-12. Excluded from this policy are co-curricular activities which are closely related to identifiable academic programs/areas of study and which serve to complement academic curricular activities such as career and technical education, linguistic, mathematic, scientific, forensic, theatrical, musical, journalistic, and other similar academic cocurricular activities.

W. Va. Code R. § 126-26-4 Eligibility

4.1. In order to participate in the extracurricular activities to which this policy applies, a student must meet the following:

4.1.a. adhere to all state and local attendance policies.

4.1.b. maintain a 2.0 average.

4.1.b.1. A 2.0 average is defined as a grade-point average (GPA) of 2.0 or better on a scale where an A is given the value of 4 points, a B is given the value of 3 points, a C is given the value of 2 points, a D is given the value of 1 point, and an F is given the value of 0 points.

4.1.b.2. For purposes of achieving the clearest and most uniform application of the policy for those schools which use a numerical grading system, all numerical grades shall be converted to the corresponding letter grade. Each letter grade shall be assigned the appropriate value as set forth above, and the average thereof computed to determine whether the student is eligible. No enhanced value should be given for a plus or minus designation, such as B+ or C-; all grades with the same letter designation have the same numerical value in the 4.0 scale.

4.1.b.3. In computing a student's GPA for purposes of this policy, all subjects undertaken by the student and for which a final grade is recorded are to be considered. Athletic practice may not be counted as a subject. The total number of classes taken is divided into the total number of grade points earned to determine the GPA. Classes for which a pass/failure is awarded will be included in computing the GPA only if the student failed the class.

4.1.b.4. A student's eligibility will be determined for each semester by the student’s GPA from the previous semester (or, in schools which do not use the traditional semester approach, during the previous 18-week period).

4.1.b.5. If a student does not maintain a 2.0 average for the semester, the student will be ineligible for participation for the following semester. Students not meeting eligibility requirements shall be reviewed at the mid-point of the second semester (the nine-week point) to determine whether the student has achieved a 2.0 average.

4.1.b.6. If a student does not earn a 2.0 average by the end of the second semester, the student may attend summer school to raise the GPA to become eligible for participation at the beginning of the next school year. For purposes of computing the GPA after summer school, all of the student's grades from the second semester plus the student’s grade from the summer school will be used to determine the GPA.

4.1.b.7. A student who has not achieved a 2.0 GPA for the previous semester may have eligibility reinstated at midsemester if the student has attained at least a 2.0 GPA. In schools and/or counties where the traditional semester approach is not used, the nine-week point shall be utilized in place of the midsemester.

4.1.b.8. In the case of students with exceptionalities as set forth in W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities, if grades are given, all grades received from placements in regular classrooms and special education classrooms should be included when computing the GPA. Exceptional students placed in ungraded programs will be eligible for participation in extracurricular activities if their records indicate that they are making satisfactory progress in meeting the objectives of their individualized education program (IEP).

4.1.b.9. Students who have had a break in public school attendance for any reason may be required to establish eligibility after re-enrollment in the public school. The credits/grades earned and transferred from the non-public setting shall be used in determining academic eligibility. Eligibility shall be gained at midsemester (nine-week point) if the student has attained at least a 2.0 GPA. In schools and/or counties where the traditional semester approach is not used, the nine-week point shall be utilized in place of the midsemester.

4.1.b.10. Students who are entering public schools or other West Virginia Secondary Schools Activities Commission (WVSSAC) member schools for the first time will be eligible for participation as follows:

4.1.b.10.A. Students who have not earned grades that the receiving school will accept for credit upon transfer will be eligible upon enrollment and must have a 2.0 GPA at the end of the semester in which they enroll to remain eligible.

4.1.b.10.B. Students who have earned grades that the receiving school will accept for credit upon transfer must have earned a 2.0 GPA in the previous semester to be eligible upon enrollment. If not eligible upon enrollment, the student shall become eligible at the midsemester (nine- week point) if the student has attained at least a 2.0 GPA.

4.1.b.11. Homeschooled students, Hope Scholarship students, or students receiving instruction in a microschool or learning pod, participating in interscholastic athletics pursuant to W. Va. Code §18-2-25(d) will be eligible for participation, provided that the student:

4.1.b.11.A. complies with the rules promulgated by the WVSSAC; and

4.1.b.11.B. has demonstrated satisfactory evidence of academic progress for the immediately preceding year and that the student’s average test results for the immediately preceding year are within or above the fourth stanine in all subject areas.

W. Va. Code R. § 126-26-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR26

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Series 028 West Virginia's Universal Access to a Quality Early Education System (Policy 2525)

W. Va. Code R. § 126-28-1 General

1.1. Scope. -- This rule establishes the criteria for approving and operating programs for four-year-old children and three-year-old children as mandated under federal law and is referred to as West Virginia Universal Pre-K (WV Pre-K).

1.2. Authority. -- W. Va. Constitution, Article XII, §2 and W. Va. Code §§16-3-4, 18-2-5, 18-2E-1 et seq., 18-5-17, 18-5-18c, and 18-5-44.

1.3. Filing Date. -- July 14, 2022.

1.4. Effective Date. -- August 15, 2022.

1.4.a. Unless specified otherwise within the policy.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR28, West Virginia Board of Education (WVBE) Policy 2525, West Virginia’s Universal Access to a Quality Early Education System (Policy 2525), filed July 9, 2020, and effective August 10, 2020.

W. Va. Code R. § 126-28-2 Guidelines

2.1. WV Pre-K classrooms shall:

2.1.a. be voluntary;

2.1.b. be readiness programs designed to meet the needs of all eligible children through a holistic approach, including key developmental domains of health and physical development, social and emotional development, language development and communication, cognition and general knowledge, and a child’s individual approaches to learning;

2.1.c. maximize existing community, state and federal resources;

2.1.d. be inclusive of all children;

2.1.e. incorporate meaningful ways of communicating with and involving parents/guardians;

2.1.f. be an integral part of a comprehensive West Virginia birth to kindergarten system of education and care;

2.1.g. take place in safe and healthy environments;

2.1.h. establish staffing patterns and class size according to requirements;

2.1.i. deliver content through the chosen approved curricular framework and the West Virginia Early Learning Standards Framework W. Va. 126CSR44O, WVBE Policy 2520.15, West Virginia Pre-Kindergarten Standards (ages 3-5) (Policy 2520.15);

2.1.j. utilize state approved curricular frameworks and assessments to inform and individualize instruction;

2.1.k. build on what children already know in order to consolidate their learning and foster acquisition of new concepts and skills through hands-on active exploration of their learning environment, problem solving, communication, creativity, and use of their imaginations;

2.1.l. view children within the context of their family;

2.1.m. employ staff with strong professional education preparation in child development and early childhood education; and

2.1.n. utilize a comprehensive continuous quality improvement process that includes the compiled classroom observational measurements and aggregated child outcome data to evaluate program success and develop school readiness goals.

W. Va. Code R. § 126-28-3 School Readiness

3.1. School readiness is a process of assuring children have access to the best available resources prior to entering first grade. Available resources support children and their families and focus on maximizing children’s holistic development from birth. Acknowledging that each child’s development is significantly impacted by previous experiences, school readiness also entails the capacity of schools and programs to welcome families and be prepared to serve all children effectively within the developmental domains of health and physical development, social and emotional development, language and communication, cognition and general knowledge, and individual approaches to learning.

3.2. To support school readiness efforts and assure the use of developmentally effective methods for children prior to entering first grade, the Ready, Set, Go! West Virginia Comprehensive Framework for School Readiness is utilized in West Virginia. This comprehensive framework focuses on how the state and local communities, schools, and programs can offer support and resources for families and children prior to and during their transition into school. Programs serving children in Early Learning Readiness grades (WV Pre-K and kindergarten) also provide opportunities for children to build solid foundations and positive dispositions to learning.

W. Va. Code R. § 126-28-4 County Collaborative Early Childhood Team

4.1. Each county must establish a county collaborative early childhood team, which includes a core team with, at a minimum, representation from the county school system preschool program, the county school system preschool special needs program, a licensed community child care program in that county not operated by the county school system, and the Head Start program in that county. A representative from the local department of health and human resources and/or child care resource and referral agency shall be included in the core team when there is no licensed community child care representative. The licensed child care programs in the county will elect a representative to serve on the county collaborative early childhood core team.

4.2. The county collaborative early childhood core team shall annually assess the composition of the full county collaborative early childhood team, which should include a parent/guardian of a preschool child, representative(s) from the West Virginia Birth to Three System Regional Administrative Unit, local department of health and human resources, child care resource and referral agency, school health representative, classroom teachers, Family Resource Networks, Parent Education Resource Center, Starting Points, faith-based early childhood program providers, and/or other community organizations and persons interested in, knowledgeable of, or who provide support or education to young children and their families. Due to the nature of child care, every licensed child care program in the county must be extended an invitation to participate on the collaborative team. The county must keep on file a list of invitees.

4.3. Each county early childhood collaborative team shall meet regularly throughout the year to ensure that the following outcomes are met:

4.3.a. Joint decisions are made about the location of WV Pre-K classrooms including Preschool Special Education classes;

4.3.b. Joint decisions are made about responsibilities for sharing resources and information for each classroom, including but not limited to staffing, facilities, food service, and transportation;

4.3.c. Joint decisions are made concerning program availability, including hours of instruction per day, days of operation, and a WV Pre-K school calendar, which must be approved by the county board of education annually.

4.3.d. Joint decisions are made to maintain a county-wide universal enrollment process and attendance guidelines;

4.3.e. Services for children with identified special needs are provided in a least restrictive environment according to the requirements of that child’s Individualized Education Program (IEP);

4.3.f. Joint decisions are made concerning adoption and implementation of a WV Pre-K Approved Curricular Framework and, if applicable, selection and use of supplemental materials/curricula enhancement;

4.3.g. Joint decisions are made to design and implement a continuous quality improvement process that includes annual plans for data collection to assist in developing school readiness goals;

4.3.h. Joint decisions are made to design and implement school readiness goals and transition plans;

4.3.i. Joint decisions are made to establish and maintain a dispute resolution process to ensure a mechanism for resolving disputes in order to support WV Pre-K program outcomes.

4.4. All programs participating in universal pre-k who provide services to eligible children must follow all rules and regulations as outlined in this policy.

4.4.a. Each pre-k classroom, including preschool special needs classrooms, must provide at least fifteen hundred minutes of instruction per week and forty-eight thousand minutes of instruction annually. The pre-k instructional day is inclusive of all required elements of the daily schedule. Programs must operate no fewer than four days per week to meet annual and weekly operational requirements. Programs must ensure that federal regulations addressing classroom operations are met in collaborative classrooms. The pre-k school calendar must be approved by the county boards of education annually.

4.4.b. A collaborative contract must be completed and signed annually by the county board of education and each collaborative partner to illustrate agreement of terms for pre-k program implementation. The collaborative contract between agencies must address how the collaborative partner will assure compliance with all applicable regulations and standards. Each collaborative contract must include provisions for impasse resolution among partners. It is the responsibility of the collaborative partners to ensure that the staff and administrators receive professional development related to the policies and regulations of all the collaborative partners.

4.4.c. A budget and cost allocation worksheet must be completed for each collaborative pre-k classroom as part of the collaborative contract to illustrate specific costs and allocations of contracts.

4.4.d. In collaborative classrooms where community partners have regulations such as the Head Start Performance Standards or West Virginia Department of Health and Human Resources (WVDHHR) Child Care Centers Licensing, these regulations shall apply in addition to Policy 2525.

4.4.e. Community programs that are exempt from child care center licensing under W. Va. Code §49-2-113 must be licensed in order to participate in WV Pre-K unless they are located in an approved county board of education site.

4.5. Counties must maximize early childhood resources by collaborating with existing programs within the county before opening new classrooms operated solely by the county board of education as required by W. Va. Code §18-5-44. No less than 50% of the classrooms for eligible children must be provided through contractual agreements with community programs, including but not limited to Head Start and child care, unless the county collaborative early childhood team can document that those programs do not exist in that county, cannot meet the mandates of this policy, or choose not to participate.

4.5.a. In an instance when the county board of education is the Head Start grantee, those settings are considered part of the mandate for collaboration; however, the collaboration does not fulfill these requirements for collaboration with community partners if those partners are available.

4.5.b. Each county board of education must have on file at the West Virginia Department of Education (WVDE) verified universal pre-k program data, which has been approved by the Secretary of WVDHHR and WVBE that reflects meaningful involvement of the county collaborative early childhood team.

4.5.c. All changes of substance to the verified universal pre-k program data must be submitted as an addendum to the WVDE with signatures of all the required county collaborative early childhood core team members for review and approval 30 days prior to the implementation of the changes. Changes of substance refer to program changes including, but not limited to, classroom locations, operation, curriculum, staffing, and resources. Failure to submit an addendum may result in the non-approval of the change.

4.5.d. The WVDE, in collaboration with the WVDHHR, has the responsibility of convening a committee to review the quality and content of the changes. This committee, designated as the WV Pre-K Steering Team, is comprised of representatives from the WVDE, WVDHHR, and the Head Start State Collaboration Office. State collaborative participation on the committee will ensure the maximization of resources as related to (1) federal and other available funds, and (2) Head Start programs and other public and private programs approved by the State Superintendent of Schools.

W. Va. Code R. § 126-28-5 Eligibility and Enrollment

5.1. WV Pre-K shall be a voluntary program. Eligible child shall mean any child, regardless of ability, who is four years old prior to July 1 of the year the child is to enroll.

5.1.a. Three year old children can be enrolled in the WV Pre-K System if they have an IEP. Three year olds without IEPs may be present in the collaborative classroom if they qualify under the community program’s enrollment guidelines. Children may not be excluded based on developmental delays.

5.1.b. Children who are age eligible for kindergarten in accordance with W. Va. Code §18-5-18 shall be enrolled in kindergarten, instead of WV Pre-K, unless assessment data can determine that kindergarten placement for that child is not in the child’s best interest. The WV Pre-K Child Assessment System data can be utilized for five year old children previously enrolled in WV Pre-K; alternative assessment data will be necessary for five year old children who are new enterers.

5.1.c. A child may remain in the WV Pre-K classroom for longer than one year if the decision is in the best interest of the child and based on child assessment data.

5.2. Programs will be designed to minimize the number of settings in which a child receives education and care services. Parent/guardian should be given options to enroll their child in a program that meets the needs of the family and supports consistency and continuity for the child. Placement shall not be limited to the local school district in which the child lives if openings are available in participating programs within that county that better meet the child and family’s needs.

5.3. A county-wide universal enrollment process must be maintained that includes:

5.3.a. a universal application that includes the necessary information to identify eligibility, services, and family need for Head Start, child care, and other community programs, including but not limited to income identification, residency, child care needs, and family characteristics;

5.3.b. a system for collection and review of universal applications; and

5.3.c. selection criteria and placement processes that are transparent and available to the public.

5.4. Upon enrollment, children entering an approved WV Pre-K classroom must have age appropriate immunizations as defined by the Centers for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices (ACIP) and recommended by WVDHHR. Children who are not fully immunized may be provisionally enrolled, providing a plan has been developed to assure full immunization, but may not enter WV Pre-K classrooms until they have received the first dose of each required vaccine.

5.5. All children entering an approved WV Pre-K classroom should have on file within 45 days of enrollment or prior to the first day of school attendance a record of a HealthCheck screening, or other comprehensive health screening comparable to the HealthCheck protocol. All screening forms shall be signed and dated by the child’s licensed health care provider and completed within the past 12 calendar months. Counties can retain the right to conduct follow-up screening.

5.6. All children entering an approved WV Pre-K classroom should have on file within 45 days of enrollment/entry or prior to the first day of school attendance a record of an oral health examination.

5.7. W. Va. Code §16-3D-3 requires that students found or suspected to have active tuberculosis shall be temporarily removed from school while their case is reviewed and evaluated by their personal physician and the local health officer. Students shall return to school when their personal physician, and the local health officer, in consultation with the Commissioner for the Bureau of Public Health (Commissioner), indicates it is safe and appropriate for them to return. School personnel found or suspected to have active tuberculosis shall have their employment suspended until the local health officer, in consultation with the Commissioner, approves a return to work. The Commissioner may require selective testing of students and personnel for tuberculosis when there is reason to believe that they may have been exposed to the tuberculosis organism or they have signs and symptoms indicative of the disease. School nurses shall identify and refer any students or school personnel to the local health department in instances where they have reason to suspect that the individual has been exposed to tuberculosis or has symptoms indicative of the disease.

W. Va. Code R. § 126-28-6 Attendance

6.1. Enrollment in an approved participating WV Pre-K program is voluntary; however, once the child is enrolled, attendance must follow W. Va. Code §18-8-1 et seq., which allows the program administrator (i.e., principal, director, executive director), teacher, and parent/guardian to pursue disenrollment of the child if they concur that requiring further attendance for that school year is not in the best interest of the child. Once a child is dis-enrolled, re-enrollment is not guaranteed for that school year.

6.2. Each county must establish and implement procedures to ensure that the parent/guardian and other family members, as appropriate, understand the availability of services, the attendance policy, and the benefits of childhood education.

6.3. Each county must establish and implement a provision for working with families whose children are chronically absent and/or tardy that does not penalize the family for acting in the best interest of the child. Provisions for children with documented chronic medical conditions must be included as defined in W. Va. 126CSR81, WVBE Policy 4110, Attendance (Policy 4110).

W. Va. Code R. § 126-28-7 Transportation

7.1. In WV Universal Pre-K programs, transportation is considered a support, not a mandated service, unless it is a related service for children with disabilities in accordance with state and federal requirements, including W. Va. 126CSR92, Policy 4336, West Virginia Transportation Policy and Procedures Manual (Policy 4336). When transportation is provided:

7.1.a. bus drivers are trained in the supervision of young children (in addition to any other staff development received);

7.1.b. children transported by a school bus who attend a WV Pre-K classroom and are not yet enrolled in kindergarten will sit in a segregated area of the vehicle with other WV Pre-K children;

7.1.c. staff shall be available to assist children on and off buses at the WV Pre-K site. If a parent/guardian is unable to meet the bus for after school drop-off, there shall be a person designated by the parent/guardian to assist the child;

7.1.d. bus drivers must inspect the bus at all final drop-off points to assure that no children are left on the bus and these inspections must be charted. A log of daily inspections shall be maintained on file with the supervisor; and

7.1.e. at each WV Pre-K site where bus transportation is provided, a designated person must follow-up within the first hour of arrival time with the family of any child who is not present or accounted for each day.

W. Va. Code R. § 126-28-8 Inclusive Settings

8.1. Verified universal pre-k program data will outline the county’s process for providing fully inclusive early childhood classrooms with appropriate supports for children with identified special education needs. Preschool special education classrooms in proximity or next to universal pre-k classrooms does not guarantee inclusion of children with disabilities.

8.2. Children with identified special needs must be served in the least restrictive environment which includes utilizing approved participating partners in WV Pre-K.

8.3. Socioeconomic level, ability, and/or funding streams should not be viewed as deterrents to providing fully inclusive programs.

8.4. The IEP placement determination identifies the setting where the IEP will be implemented. Placement decisions must be made consistent with W. Va. Code §18-20-1 et seq. and W. Va. 126CSR16, WVBE Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419) that requires:

8.4.a. the student’s placement decision to be made by the student’s IEP Committee;

8.4.b. the placement be in the least restrictive environment based on and consistent with the IEP; and

8.4.c. that unless the student’s IEP requires some other setting, the child be educated in the early childhood setting where the child would have received services if he/she had not been disabled and as close as possible to their home school.

8.5. Placement in separate settings designed for students with disabilities should only be used when a child’s IEP cannot be implemented in a less restrictive environment as determined by the IEP team and documented through multiple formal and informal assessment processes.

W. Va. Code R. § 126-28-9 Family Engagement

9.1. WV Pre-K classrooms must incorporate meaningful ways of communicating with and involving parents/guardians that includes at a minimum:

9.1.a. opportunities for parents/guardians to participate in decision making about their child’s education through a minimum of two documented face-to-face conferences annually. Home visits are recommended for these conferences.

9.1.b. documented methods of communicating with parents/guardians such as newsletters, child activity reports, phone calls, home visits, e-mail and conferences;

9.1.c. services to children and their families necessary to support children as they transition into, participate in, and transition out of the program;

9.1.d. services for children who come from homes where languages other than English are spoken., Support services include communication that is comprehensible and supportive of both the native language and English language development;

9.1.e. support services pursuant to Policy 2419 are provided in accordance with the needs specified in the child’s IEP for preschool children with disabilities who are integrated into the program; and

9.1.f. classrooms that are open to parents/guardians and where parents/guardians are encouraged to participate in classroom activities.

W. Va. Code R. § 126-28-10 Transitions

10.1. Each county collaborative early childhood team must have a written plan for transitioning children into WV Pre-K and out of WV Pre-K into kindergarten. At a minimum the plan will include:

10.1.a. opportunities for children and their families to visit the setting into which the children are transitioning;

10.1.b. the provision of written information to parent/guardian as appropriate about WV Pre-K or kindergarten registration and what to expect in WV Pre-K or kindergarten;

10.1.c. an opportunity for teachers/providers in the WV Pre-K system and the kindergarten program in that county to meet at least annually to discuss how to facilitate successful transition and support the reciprocity of readiness practices;

10.1.d. a county system for transferring assessment data, including but not limited to the WV Pre-K Child Assessment System Kindergarten Transition Report, for each child who has participated in an eligible program to the kindergarten teacher to assist the kindergarten teacher in identifying areas of development and areas for growth to meet the individual needs of each child; and

10.1.e. policies and procedures for the transition of children with IEPs into and out of the WV Pre-K to ensure compliance with state and federal requirements.

10.2. County collaborative early childhood team transition plans shall utilize best practices for successful transitions, including the Ready, Set, Go! WV School Readiness Framework.

W. Va. Code R. § 126-28-11 Meals

11.1. For children enrolled in a WV Pre-K classroom, breakfast and lunch must be provided. Any meal provided during the WV Pre-K hours must be in compliance with the nutrition guidelines set forth in the WVDE National School Meals Program. Meals in community programs may include lunch and snack, rather than breakfast and lunch if a classroom’s regular operation times occur when breakfast is not required. Collaborative pre-k classrooms have the option of following the meal pattern and serving size requirements for either the Child and Adult Care Food Program (CACFP) or National School Lunch Program/School Breakfast Program; however, all snacks must meet CACFP meal pattern and serving size requirements.

11.2. WV Pre-K programs that are required to serve breakfast and lunch may choose to serve a snack during the WV Pre-K day. This decision should be based on the needs of the child and the number of hours the child is enrolled in the program. Collaborative WV Pre-K programs that participate in the CACFP may claim this snack for federal reimbursement if it meets the requirements of the program.

11.3. Meals shall be served in a setting that encourages socialization and self-help skills, where the children and staff members are seated together when eating, and classroom staff members provide supervision and encourage positive eating habits and conversation.

11.4. Special dietary needs shall be provided in accordance with federal guidelines as defined by the WVDE Office of Child Nutrition and in W. Va. 126CSR25A, WVBE Policy 2422.7, Standards for Basic and Specialized Health Care Procedures (Policy 2422.7) under oral feeding of students.

W. Va. Code R. § 126-28-12 Health and Safety

12.1. Recognizing that all children within the WV Pre-K System shall be in safe and healthy environments, and that all of the collaborative partners within the WV Pre-K System have rules and regulations governing various aspects of their programming, this policy sets forth a core set of common health and safety standards that must be followed in addition to any existing rules and regulations based on funding sources for individual programs.

12.2. WV Pre-K classrooms must provide 35 square feet of useable space per child. Classrooms shall be limited to no more than 20 children, with no less than two adults, one of whom is a teacher.

12.2.a. When children with IEPs are enrolled in the WV Pre-K classroom, ratios shall be met as set forth in Policy 2419.

12.3. The children shall have adequate supervision at all times. When children are on the premises, a WV Pre-K participating program shall ensure that two adults are present with children. The county shall establish policies and procedures for ensuring adequate supervision and safety of children.

12.4. A WV Pre-K classroom shall provide appropriate daily opportunities for children to have supervised practice of brushing teeth while maintaining proper oral health hygiene procedures with special consideration to technique, replacement of toothbrushes, cross contamination, and proper storage.

12.5. A WV Pre-K classroom shall provide the opportunity for children to rest. A regular rest period shall be included in the daily schedule and include provisions for quiet play for children who are unable to sleep during the rest period.

12.5.a. The rest area shall be set up to reduce distraction or disturbances from other activities. Appropriate sleeping equipment shall be provided by the program. Children are not permitted to sleep directly on the floor, in a sleeping bag, or on linens without mats or cots.

12.6. The education and monitoring of communicable diseases during the school year are necessary to keep students healthy and learning. W. Va. 126CSR51, WVBE Policy 2423, Health Promotion and Disease Prevention (Policy 2423), establishes standards that must be in place for addressing issues and educating staff, students, and families on communicable diseases. The knowledge of health promotion and disease prevention along with standard/universal precautions, transmission, prevention and treatment of communicable diseases will support student success.

12.6.a. Children in WV Pre-K classrooms shall be observed by staff daily for changes that may indicate injury, infestation, fever, or illness. Staff should record any observed changes in the child’s file and notify the family.

12.6.b. Staff members shall utilize universal precautions when exposed to blood and body fluids that might contain blood, as specified in Policy 2423.

12.6.c. Staff members and children shall follow best hand washing practices incorporated throughout the day, including washing with soap and warm, running water for at least 20 seconds. All WV Pre-K classrooms must incorporate best practices for hand washing and disease prevention measures, as specified in Policy 2423.

12.7. Basic health care procedures, such as toileting, oral feeding, mobility, etc., should be requested and noted by the parent. Specialized health care procedures shall be prescribed by a medical provider with parent/guardian permission to be performed under the delegation and management of the certified school nurse based on Policy 2422.7. This information should be provided to the WV Pre-K classroom staff through the HealthCheck screening form or other school health care procedure forms and shared with the school nurse to ensure training, clarification of medical orders, individualized health care plan development, and coordination of health care in the WV Pre-K program.

12.8. Due to allergies and the potential dangers associated with having animals in the classroom, animals can only be in WV Pre-K classroom with prior parent awareness and approval. A WV Pre-K classroom shall not have on the premises ferrets, birds, reptiles, including snakes, lizards and turtles, or any wild or dangerous animals.

12.9. A WV Pre-K classroom shall ensure that products containing potentially hazardous chemicals, including identified poisons, medications, certain cleaning supplies, and art supplies not clearly labeled as nontoxic are properly handled and stored. These items should be stored in a locked cabinet away from food and in their original containers. These chemicals shall be used according to manufacturers' instructions, and in a manner that will not contaminate play surfaces or articles.

12.10. A WV Pre-K classroom shall ensure potentially hazardous materials to young children, such as plastic bags, window shade cords, expanded polystyrene, such as Styrofoam™, or balloons, be stored out of reach of children and utilized with adequate supervision.

12.11. Student information related to all health and medical conditions and documented on the HealthCheck form or any other comparable information must be treated as confidential information and be maintained according to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C.§1232g; 34 CFR Part 99) and in such a manner that no one could view these records without proper authorization as specified in W. Va. 126CSR94, WVBE Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data (Policy 4350). Failure of school personnel to comply with the above rules shall result in personnel disciplinary actions based on W. Va. 126CSR142, WVBE Policy 5310, Performance Evaluation of School Personnel (Policy 5310), and W.Va. 126CSR162, WVBE Policy 5902, Employee Code of Conduct (Policy 5902).

12.12. A WV Pre-K program shall implement and maintain policies and procedures for the reporting of child abuse and neglect that include:

12.12.a. the definition of child abuse and neglect as addressed in W. Va. §49-1-201; and

12.12.b. the requirement to report immediately, and no more than 24 hours, in accordance with W. Va. Code § 49-2-803 et seq., any suspected incident of child abuse and neglect to Child Protective Services.

W. Va. Code R. § 126-28-13 Environmental Design

13.1. Each WV Pre-K classroom shall provide a minimum of 35 square feet per child of usable classroom space. A WV Pre-K program shall not provide activity space in a basement area unless the basement area is approved by the State Fire Marshal.

13.2. The WV Pre-K program shall provide one flush toilet and one lavatory per 15 children, excluding children in diapers who are not receiving toilet training. Toilets will be easily accessible to the children and provisions must be made so that children have adequate supervision during toileting.

13.3. A WV Pre-K classroom shall be designed and equipped as a learning environment that supports the curricular framework and allows children of all abilities to make choices, discover, explore, and solve problems; while

13.3.a. assuring children’s health and safety;

13.3.b. clearly defining learning centers and incorporating them into the classroom;

13.3.c. organizing and labeling materials and equipment and making them accessible to all children;

13.3.d. incorporating non-stereotypical images in all elements of the environment;

13.3.e. supplying a sufficient quantity and variety of appropriate materials;

13.3.f. rotating the availability of materials;

13.3.g. supporting a child’s needs for privacy and a safe place to be alone; and

13.3.h. introducing children to the unfamiliar.

13.4. A WV Pre-K classroom shall provide equipment and materials for indoor activities that are clearly organized within activity areas that support programming goals and allow for adequate supervision. Program components must include learning centers, incorporated within the classroom, designed to support literacy, early numeracy, and language, such as blocks and construction, books, manipulative materials, science and nature, writing materials, dramatic play and role playing, physical activity, art, and music.

13.5. A WV Pre-K program shall provide an outdoor activity area that includes a minimum of 75 square feet of space per child, or if the outdoor play area has less than that, a WV Pre-K program shall establish an outdoor play schedule for rotating groups of children to meet the minimum space requirement and to ensure that each child has an opportunity to play outdoors each day, weather permitting.

13.6. Outdoor activity shall be considered an extension of the classroom. Daily outdoor activity shall support the implementation of the approved WV Pre-K curriculum and Policy 2520.15. A WV Pre-K classroom shall provide a minimum of one hour of outdoor activity daily as a part of the curriculum, weather permitting. A combination of indoor and/or outdoor time may be utilized when weather conditions are not conducive to outdoor gross motor activity.

13.7. A WV Pre-K program shall ensure that the outdoor play area for a child under school age:

13.7.a. is enclosed on all sides by a natural barrier or secure fence that is at least four feet high with a bottom edge that is less than three and one-half inches from the ground;

13.7.b. if it has a fence, the fence has no openings greater than three and one-half inches;

13.7.c. if it has a natural barrier, the barrier has the strength and density to prevent humans and animals from entering or exiting the playground;

13.7.d. if it is attached to a building, the barrier or fence provides at least two exits from the play area, including one exit that is at a distance from the building;

13.7.e. when it has an exit that does not lead directly indoors, it is protected by a gate equipped with a closure mechanism that is out of the reach of a small child and prevents the child from leaving the play area, but can be easily opened by an adult; and

13.7.f. has age appropriate equipment to support the curriculum and the children’s development.

W. Va. Code R. § 126-28-14 Child Guidance

14.1. Staff shall ensure that all guidance, behavior management, and discipline practices are constructive and educational in nature, appropriate to each child’s age and circumstances, and in keeping with the WV Pre-K program’s policies and procedures;

14.2. At all times, staff members are responsible for providing positive guidance that is appropriate to each child’s age, understanding, and circumstances. When a behavior problem arises, qualified staff members shall:

14.2.a. redirect the child to alternative behavior or other activities;

14.2.b. encourage children to control their own behavior, cooperate with others, and solve problems by talking through the issues;

14.2.c. speak so the child understands that feelings are acceptable, but inappropriate behaviors and actions are not; and/or

14.2.d. take action that relates to inappropriate behavior and ensure that any action that is taken is without bias and in proportion to the child’s act.

14.3. Staff members and other adults in a WV Pre-K classroom shall not handle behavior problems by:

14.3.a. subjecting a child to physical punishment of any kind;

14.3.b. putting anything in or on a child’s mouth as punishment;

14.3.c. restraining a child physically or by placing the child in confining equipment or using any other restrictive means such as straps or ties. A staff person may, in extreme circumstances to protect the child or other persons around him or her, use a gentle method of physically holding the child. The staff person must be an experienced staff member who is known to the child and shall only restrain the child for as long as is necessary for the child to regain control;

14.3.d. subjecting a child to psychological punishment of any kind, including but not limited to, shaming, ridicule, humiliation, or negative remarks about the child or the child’s family, including remarks about race, gender, religion, physical characteristics, or cultural background;

14.3.e. using harsh or profane language, yelling, screaming, or actual or implied threats of physical punishment;

14.3.f. punishing or threatening a child in association with food, rest, or toilet training;

14.3.g. isolating a child without supervision or placing the child in a dark area;

14.3.h. permitting a child to discipline other children;

14.3.i. punishing an entire group for the actions of one child or a few children;

14.3.j. seeking or accepting parental permission to use physical punishment or other actions prohibited by this rule; or

14.3.k. using of any other practice that is not appropriate for the ages/stages of the children or is harmful psychologically or physically.

14.4. Staff shall develop program provisions that prohibit or severely limit the use of suspension in pre-k due to a child’s behavior. A temporary suspension may be used only as a last resort in extraordinary circumstances where there is a safety threat that cannot be eliminated without reasonable modifications. Program provisions must include the following criteria:

14.4.a. guidance for a multidisciplinary team to determine when no other reasonable option is appropriate;

14.4.b. a written plan to guide actions and supports needed; and

14.4.c. efforts to engage parents and appropriate community resources.

W. Va. Code R. § 126-28-15 Curriculum and Assessment

15.1. Curriculum is part of the inter-related approach that includes formative assessment and approved content standards to facilitate individualization and direction of classroom programming.

15.2. The WV Pre-K classroom must implement Policy 2520.15, which is aligned with Head Start Early Learning Outcomes Framework and the West Virginia College- and Career-Readiness Kindergarten Standards. The approved content standards for programs serving eligible children are written to reflect a developmental continuum that enhances successful transitions into kindergarten. Utilizing the formative assessment process, evidence of children’s individual growth along the developmental continuum is used to personalize learning and share progress with families.

15.3. Only comprehensive curricular systems that are adopted based on the latest state-approved instructional materials list or county process for review and adoption of instructional resources by each county collaborative early childhood team, with input from stakeholders, shall be used by WV Pre-K classrooms, including classrooms that serve children with identified special needs. A county process for review and adoption must include the use of criteria for adoption furnished by the WVBE, which includes non-negotiable, general, and specific evaluation criteria based on W. Va. 126CSR35 Policy 2445.40, Instructional Resources (Policy 2445.40).

15.4. A comprehensive curricular system must meet the following standards:

15.4.a. include a philosophy, goals, and objectives based on current knowledge of child development and learning styles and reflect an understanding of how children learn and develop by:

15.4.a.1. addressing the developmental needs of eligible children through practices that are consistent with current, nationally recognized, most effective practice;

15.4.a.2. valuing exploration, creativity, play, and construction as the child’s primary learning approaches;

15.4.a.3. engaging children actively in the learning process and providing them with opportunities to make meaningful choices;

15.4.a.4. responding to individual children’s interest, strengths, and needs based on ongoing observation and assessment; and

15.4.a.5. supporting children so they view themselves as part of a larger community.

15.4.b. be balanced and designed to achieve the long-range goals for social, emotional, physical, cognitive, and academic (early literacy, early numeracy, and language) achievement by:

15.4.b.1. incorporating a wide variety of learning experiences, materials and equipment, and instructional strategies that are responsive to the differences in prior learning experiences, maturation rates, and learning styles young children bring to the classroom;

15.4.b.2. supporting a balance of large and fine motor activities, quiet and active times, individual and small and large group activities, child-initiated and adult-initiated activities, planned and spontaneous activities, and indoor and outdoor opportunities; and

15.4.b.3. addressing the development of knowledge and understanding, processes and skills, dispositions, and attitudes.

15.4.c. integrate development of all domains, abilities, and content that are relevant, engaging, and meaningful to young children by:

15.4.c.1. meeting the developmental continuum contained in the approved content standards for eligible children as prescribed by the WVBE;

15.4.c.2. building on what children already know in order to consolidate their learning and foster the acquisition of new concepts and skills;

15.4.c.3. reflecting the needs and interests of individual children in the group by including the immediate environment and world with which the children are acquainted;

15.4.c.4. supporting integration of curriculum content through use of various forms of documentation (such as themes, projects, key experiences, or webs); and

15.4.c.5. including materials and activities that reflect a variety of cultures, languages, ages, abilities, and beliefs.

15.4.d. emphasize the development of thinking, reasoning, and problem-solving skills through strategies such as open-ended questions, investigation, imaginative and dramatic play, and peer interactions;

15.4.e. promote flexibility and adaptation to unique needs of children and families where ongoing observation and assessment are used to determine appropriate planning and adaptations for varied learning styles, temperaments, abilities, and languages or modes of communication by:

15.4.e.1. integrating curriculum and the formative assessment process to benefit the child; and

15.4.e.2. making opportunities for all children, regardless of ability, to participate in all activities through appropriate adaptations or modifications of activities, assistive technology, materials and/or learning environments.

15.4.f. support the importance of learning during routine times of the day and meeting the physiological needs of children by:

15.4.f.1. promoting consistency in schedules and routines and facilitating smooth transitions;

15.4.f.2. supporting continuity between home and school;

15.4.f.3. encouraging children’s participation in routines to develop responsibility and independence;

15.4.f.4. recognizing the integral role of adults during routine times;

15.4.f.5. allowing for flexibility and adaptations for individual children;

15.4.f.6. supporting positive health and nutrition practices; and

15.4.f.7. providing daily opportunities for children to rest in an area set up to reduce distraction or disturbance from other activities.

15.4.g. promote, through a variety of strategies, the essential role of families as partners in planning and implementing their child’s care and education;

15.4.h. emphasize the value of social interaction to learning in all domains and promote frequent, responsive, respectful interactions between children, staff and children, and staff and families;

15.4.i. recognize the role of children’s psychological safety in learning and include guidance techniques that support children;

15.4.j. promote the use of developmentally appropriate curriculum and formative assessment principles to determine how technology is incorporated into the classroom environment as a resource, rather than a substitute, for effective teaching or quality curriculum.

15.5. The West Virginia Early Learning Reporting System: Pre-K (WV ELRS: Pre-K), inclusive of the Early Learning Scale, and which focuses on the formative assessment process, shall be utilized with all children enrolled in WV Pre-K programs. The assessment system is designed to inform classroom instruction, assist with integration of personalized learning, and to foster interactions, competencies, experiences, and skills of children participating in WV Pre-K programs through appropriate measures. Comprehensive assessment systems must address how the curriculum:

15.5.a. supports the whole child across multiple learning domains as the child progresses developmentally;

15.5.b. supports family engagement and relationships with their children’s educational experiences;

15.5.c. demonstrates the child’s overall strengths and progress;

15.5.d. encourages self-evaluation by the child;

15.5.e. relies on demonstrated performance of real, not contrived, activities;

15.5.f. utilizes a variety of tools and processes;

15.5.g. allows for differences in learning style and rate; and

15.5.h. provides a comprehensive reporting system on children’s individual accomplishments, as well as aggregated data to inform classroom, site, or district decision making.

15.6. Selection and use of supplemental materials/curricular enhancements that address core content areas such as language and literacy acquisition or numeracy, must be based on research-based research and support the philosophy and techniques of the comprehensive curriculum and the requirements of this section. Guidance provided by the WVDE will assist county collaborative early childhood teams regarding the collaborative, local decision-making processes pertaining to supplemental materials/curricula enhancement.

15.6.a. Instructional practices such as worksheets, extended periods of sitting, seat work at desks or tables, flashcards, prescribed sequence of content, content areas taught in isolation, requiring all children to be working on the same skill, lack of individualization, or a high level of teacher directed instruction are not permissible.

15.7. When a WV Pre-K classroom plans an activity that involves active media, the center shall ensure that:

15.7.a. the active media supplements but does not replace traditional early childhood materials or experiences;

15.7.b. a child has a choice of other activities and materials;

15.7.c. staff members are available to support the activity by discussing the use of the active media with the child;

15.7.d. active media chosen is developmentally appropriate and supports creative play and learning; and

15.7.e. screen time, whether through active or passive media, should be limited.

15.8. If passive media is used, a WV Pre-K classroom shall ensure that:

15.8.a. passive media is not routinely part of the daily schedule;

15.8.b. staff members are available to support the use of the passive media by discussing with the child what is viewed with the child; and

15.8.c. the contents of passive media are developmentally appropriate and designed to benefit the child, with limited viewing time and the child who does not wish to watch has a choice of other activities.

15.9. In classrooms where specialists are incorporated into daily routines, environments and experiences must be reflective of the approved county-adopted comprehensive curricular system and support integration of Policy 2520.15.

15.10. Time shall be set aside for joint planning by the teacher, co-teacher, and/or other personnel working with the children.

W. Va. Code R. § 126-28-16 Personnel

16.1. Teacher Credentials:

16.1.a. Teachers employed in a WV Pre-K classroom and hired by the county board of education must hold an appropriate license issued by the WVDE.

16.1.b. To fully maximize resources, community partners may choose to hire their own personnel for the WV Pre-K collaborative classroom. Teachers employed in a WV Pre-K classroom operated by a community program may hold a Professional Teaching Certificate endorsed in Early Education, Preschool Education, or Preschool Special Needs; OR

16.1.c. When no fully certified teacher is available within or for hire by the community program, the person employed by a community program shall hold the minimum of a bachelor’s degree in child development, early childhood, or occupational development with an emphasis in child development/early childhood, have a minimum overall grade point average of 2.5 for all college/university coursework attempted, and meet the requirements specified in W. Va. 126CSR136, WVBE Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202), for the Permanent Authorization, endorsed for Community Programs; OR

16.1.d. When no fully certified teacher or individual eligible for the Permanent Authorization endorsed for Community Programs is available within or for hire by the community program, the person employed by the community program shall hold the minimum of a bachelor’s degree in child development, early childhood, or occupational development with an emphasis in child development/early childhood, have a minimum overall grade point average of 2.5 for all college/university coursework attempted, and meet additional requirements to be eligible for a Temporary Authorization for Community Programs as specified in Policy 5202.

16.2. Early Childhood Classroom Assistant Teacher Authorization

16.2.a. Any person previously employed and newly employed as an aid/assistant in a WV Pre-K classroom (refer to W. Va. Code §18-5-44m), including those employed by the county board of education and collaborating Head Start and child care programs, shall hold the position of either Early Childhood Classroom Assistant Teacher Temporary Authorization or Early Childhood Classroom Assistant Teacher Permanent Authorization, as specified in Policy 5202.

16.2.b. Conditions of the initial Early Childhood Classroom Assistant Teacher-Temporary Authorization:

16.2.b.1. The applicant for authorization must hold a minimum of a high school diploma, Testing Assessing Secondary Completion (TASC), or degree if applicable, through an accredited institution of higher education as defined in Policy 5202.

16.2.b.2. Submission of commitment, verifying the applicant’s agreement to complete coursework, approved by the WVDE, in the areas of preschool special education, child development, and early childhood language and literacy as defined in Policy 5202.

16.2.b.3. Applicants employed by the county board of education must meet the formal state academic assessment requirements as defined in Policy 5202, pursuant to W. Va. Code §18A-4-8e, or hold a valid or expired Initial Professional or Professional Teaching Certificate or its equivalent, as a condition of hire. Applicants employed by a collaborating child care or Head Start program are not required to meet the formal state academic assessment requirements.

16.2.b.4. Complete the application process for Early Childhood Classroom Assistant Teacher Authorization as described in Policy 5202, Section 12.

16.2.b.5. Applicants must select an authorization pathway when completing the initial Early Childhood Classroom Assistant Teacher-Temporary Authorization. Authorization pathways include Child Development Associate (CDA), West Virginia Apprenticeship for Child Development Specialists (ACDS), or WVDE-approved course work.

16.2.c. Conditions for Renewal of the Early Childhood Classroom Assistant Teacher-Temporary Authorization:

16.2.c.1. The initial Early Childhood Classroom Assistant Teacher-Temporary Authorization is valid for one school year and may be renewed twice in accordance with WVBE Policy 5202.

16.2.c.2. Any Early Childhood Classroom Assistant Teachers employed in a WV Pre-K classroom collaborating with Head Start must complete required coursework of the Early Childhood Classroom Assistant Teacher authorization pathway within two years upon hire in accordance with Head Start regulations.

16.2.d. Conditions of the Early Childhood Classroom Assistant Teacher-Permanent Authorization:

16.2.d.1. A first-time applicant for Early Childhood Classroom Assistant Teacher-Permanent Authorization must provide verification of state competency exam for applicants employed by a county board of education and must hold a minimum of a high school diploma, TASC, or degree if applicable, through an accredited institution of higher education as defined in Policy 5202.

16.2.d.2. Demonstrate completion of the minimum coursework requirements to meet or exceed the requirements for a child development associate. Equivalency is determined as the Child Development Associate (CDA), West Virginia Apprenticeship for Child Development Specialists (ACDS), or WVDE-approved course work.

16.2.e. Any Early Childhood Classroom Assistant Teacher employed in a collaborative setting with Head Start must complete coursework required to obtain permanent authorization in accordance with Head Start regulations.

W. Va. Code R. § 126-28-17 Staff Training

17.1. An orientation for new staff in a WV Pre-K classroom will be provided within the first 30 days of employment that includes a review of: Policies 2525 and 2520.15; classroom operational requirements; policies and procedures for confidentiality and information disclosure; behavior management; reporting child abuse and neglect and emergencies; policies and procedures for basic sanitation and infection control; policies and procedures for safety;, including prevention of injury both indoors and outdoors; fire safety; including the use of fire extinguishers; and training in abuse recognition and prevention. Existing staff members shall be knowledgeable of the above policies and procedures.

17.1.a. Staff, volunteers, and student teachers shall follow the required communicable disease educational in-services for new employees and W. Va. 64CSR7, WVDHHR Reportable Disease, Events and Conditions Rule.

17.2. All county WV Pre-K staff, including teachers and teacher assistants/aides/paraprofessionals, shall participate in 15 hours of professional learning annually, based on needs determined in the county continuous quality improvement process. The county collaborative early childhood team should utilize county program assessment data, along with other professional learning needs assessment data and the West Virginia Core Knowledge and Competencies for Early Care and Education Professionals when developing WV Pre-K staff development plans.

17.3. Professional learning information shall be made available to collaborative partners to facilitate the registration of training sessions on the West Virginia State Training and Registry System (WV STARS) for collaborative program staff.

W. Va. Code R. § 126-28-18 Program Assessment and Continuous Quality Improvement

18.1. County collaborative early childhood teams will develop and maintain a continuous quality improvement process, (CQI process), which includes an annual plan for collecting and analyzing program assessment data to establish school readiness goals, assuring children have the best available resources prior to entering first grade. The Continuous Quality Improvement (CQI) Process Guidance Manual is available to assist county collaborative early childhood teams in the selection of observational measurements, as well as provide information about the CQI process. The CQI process must minimally include annual program data results to determine intentional, sustained, and standards-focused professional learning opportunities and recommendations for county strategic plans. Annual data results must include:

18.1.a. County aggregated child outcome data; and

18.1.b. Classroom observation data from a research-based instrument.

18.2. The West Virginia Universal Pre-K Health and Safety Checklist must be completed annually in each WV Pre-K classroom within the first forty-five days of school for students. Results from each West Virginia Universal Pre-K Health and Safety Checklist must be electronically housed in an online platform provided by the WVDE.

18.3. Current research illustrates that coaching in early childhood programs is a high-yields practice that can produce more long-term quality outcomes than traditional professional learning alone. Head Start Performance Standards require research-based, coordinated coaching strategies for education staff. Therefore, for classrooms collaborative with Head Start, it is required that county collaborative early childhood teams implement a research-based universal pre-k coaching model that utilizes educator self-assessments and data to identify strengths and areas of needed support, as part of the CQI process. Further, it is recommended that all WV Pre-K classrooms include an effective pre-k coaching model as part of the CQI process to best support the individualized professional learning needs of education staff. Effective coaching models are inclusive of the following components:

18.3.a. coaches who have an early childhood background;

18.3.b. ongoing supports for coaches in implementation of the adopted coaching model;

18.3.c. alignment with the continuous quality improvement process to positively impact instructional strategies; and

18.3.d. a collaborative partnership between the coach and coachee, rather than a punitive process for educator.

18.4. The county board of education, in collaboration with county collaborative partners, is required to submit WV Pre-K program data to the WVDE Office of Early Learning annually. The WVDE Office of Early & Elementary Learning will compile the information and provide a summary report to the Secretary of WVDHHR and the State Superintendent of Schools. The WV Pre-K program data will include at a minimum:

18.4.a. program data verification, including classroom information, submitted annually by October 15;

18.4.b. a comprehensive WV Pre-K fiscal report submitted annually by October 15; and

18.4.c. verification of the annual collaborative contracts and budgets signed and filed at the local county board of education, noting collaborative WV Pre-K classrooms for the upcoming school year to continue to document maximization of resources through the collaborative model, submitted prior to the first day of children’s attendance;

18.5. The WVDE, in collaboration with the WVDHHR and Head Start State Collaboration Office, will conduct a WV Pre-K Program Review at a minimum of once every three years.

18.5.a. The program review will consist of a desktop review, site-visits, and county collaborative team interviews. The purpose of the program review is to ensure counties continue to implement WV Pre-K programs in alignment with policy and to assist with each county’s continuous quality improvement process within the comprehensive collaborative model. The program review will provide individualized technical assistance to county collaborative early childhood teams. The WVDE will provide guidance and procedures for completion of the program review.

18.5.b. A summary of the WV Pre-K Program Reviews will be provided annually to the WVBE.

18.6. The WVDE shall develop and institute a system of longitudinal, evidence-based research to track learner outcomes, family satisfaction, program continuity, and related variables in order to evaluate program impact, as funds become available. The system shall be designed in such a way to benefit on both county and state level and improve the quality of programming available for eligible children.

W. Va. Code R. § 126-28-19 Finance

19.1. Each county board of education shall enroll WV Pre-K children in community classrooms and generate funding through the school aid funding formula. Funding generated through community classrooms should be invested into those programs providing quality early education services and local infrastructure to support WV Pre-K classrooms. Guidance is provided by the WV Pre-K Steering Team on collaborating with community programs and includes information on funding, contracts, and budgets.

19.2. The county board of education shall provide sufficient assistance/funding to a collaborative community partner to enable the partner to offer services that meet this policy at no cost to parents and at no deficit to the program. In calculating costs and resources, the county collaborative team should consider a number of issues and costs, such as personnel, facilities, materials and equipment, curriculum, needed improvements, and professional development.

19.3. WV Pre-K classrooms that provide services to eligible children who can be counted in the school aid funding formula must provide those services at no cost to the parent/guardian of the children. Support for community programs to offer free public education shall be a part of the contract between the community partner and county board of education.

19.3.a. In child care, WV Pre-K is an enhancement to the regular program during the designated WV Pre-K hours. Since WV Pre-K under this policy is part of a free public education, parents/guardians shall only be charged for those hours outside the WV Pre-K designated time.

19.4. In addition to the resources provided to a WV Pre-K collaborative program, community programs participating as partners shall continue using federal and state funding available for these services such as Head Start and Child Care Development Fund monies supporting eligible children.

W. Va. Code R. § 126-28-20 Program Oversight

20.1. County boards of education have direct responsibility for all WV Pre-K classrooms in their county. Local program oversight for contracted community programs must be defined in the contracts between the community program and the county board of education. These include, but are not limited to, staff evaluation and discipline, which must be specified within collaborative agreements of each participating WV Pre-K program.

20.2. Collaborative Head Start classrooms will be monitored for compliance with the Head Start Performance Standards in partnership with local and federal Head Start personnel. Classrooms operated by or in collaboration with licensed child care will be licensed under W. Va. 78CSR1, WVDHS Child Care Centers Licensing.

20.3. The WVBE or its designee and the Secretary of the WVDHHR or his/her designee will maintain state oversight.

W. Va. Code R. § 126-28-21 Definitions

21.1. Active media. Materials that the child can control while participating in an activity such as taking pictures with cameras, making audio or video recordings or working with technology.

21.2. Adequate supervision. The observation, oversight, and guidance of the individual child or groups of children by the staff member taking responsibility for the ongoing activity of each child so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence with the children, knowledge of the child’s program of activities, individual needs, habits, interests and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care.

21.3. Approved funding sources. Any funds used directly to support WV Pre-K classrooms for eligible children including West Virginia State Aid Funding Formula, Head Start funds, Temporary Assistance to Needy Families, Child Care Development Funds, funds under the Every Student Succeeds Act (ESSA), funds provided by the School Building Authority of West Virginia, funds under the Public Law 108-446, Individuals with Disabilities Education Improvement Act of 2004, and any other private or public funds.

21.4. Approved WV Pre-K participating programs. Public school preschool, preschool special education, and any community provider that contracts with the county board of education including, but not limited to, child care, private preschool, Head Start, and community-based programs that meet or exceed all of the requirements of this policy and are a part of a county’s verified Universal Pre-K program data. Children participating in approved WV Pre-K participating programs can be counted in the school aid funding formula and the participating programs are eligible to receive funds through contractual agreements with or direct administration by the county school system.

21.5. Collaborative contract. The legally binding agreement made between the county board of education and approved early childhood community program to delineate roles, responsibilities, and resources of each partner to meet or exceed program requirements for implementation of WV Universal Pre-K and community partner regulations.

21.6. Collaborative setting. A classroom of WV Pre-K children operated jointly by a community program and county board of education or by a community program with resource support from the state through the county board of education.

21.7. Continuous Quality Improvement Process. The ongoing program assessment process implemented by county teams utilizing classroom observations and aggregated child outcome data to make informed decisions for program improvement.

21.8. Contracted community program. Any provider of early childhood services that meets all of the requirements of this policy and has a collaborative contract with the county school system to operate a WV Pre-K classroom.

21.9. Core knowledge and core competencies for early care and education professionals. The sets of skills and knowledge that represent common standards of satisfactory practice in the early childhood field as defined in WV STARS Core Knowledge and Core Competencies for Early Care and Education Professionals.

21.10. Developmentally appropriate. Early childhood programming, curricula, and activities that address the stages of each child’s cognitive, physical, social/emotional, and cultural development and utilizes a balanced approach of both child-initiated and teacher-directed instruction. Children should be actively engaged in hands-on, interactive activities for learning for a substantial portion of the day.

21.11. Direct supervision. The physical presence of a qualified staff member is in the same room, area, or vehicle with the child or group of children, visually monitoring the interactions of the children.

21.12. HealthCheck. The screening/surveillance protocol recommended for the licensed health care providers to be used for all children entering WV Pre-K. HealthCheck meets the requirements for vision, hearing, developmental, including speech and language, and oral health. The HealthCheck screening form is the preferred documentation method of licensed health care providers to record screenings.

21.13. Passive media. Materials the child cannot control while participating in an activity such as watching television, DVDs, or device streamed content.

21.14. School readiness goals. Programmatic goals based on data collection and analysis over time as part of the continuous quality improvement process to support the growth and development of children.

21.15. Staff to-child ratio. A relationship which describes the number of children qualified staff members or substitutes are permitted to supervise.

21.16. Staff member. Any paid personnel, including substitutes.

21.17. Universal access. Every eligible child in the county has access to a high quality WV Pre-K classroom that meets or exceeds all the requirements of this policy.

21.18. Universal application. An enrollment form that must be used for all classrooms identified as part of the county’s WV Pre-K system to determine placement and enrollment of eligible children.

21.19. Universal precautions. Procedures to be followed for infection control in all situations to prevent the transmission of blood-borne germs that may be spread through blood or body fluids that might contain blood.

21.20. Usable space. The actual indoor classroom areas that are utilized for children’s activities. Usable space includes all areas of the classroom that children may access. Usable space excludes areas that children do not access such as staff areas, staff-only furniture, storage spaces, or adjacent offices.

21.21. Verified universal pre-k program data. County pre-k information that illustrates the program structure, including classroom location, collaborative partners, operation information, and available support services, such as meals and transportation. Each county Pre-K Coordinator is required to complete WV Pre-K program data verification by October 15 annually.

21.22. West Virginia Universal Pre-K Instructional Day. The duration of time that pre-k children are present at school. This includes all required elements of the daily schedule.

21.23. West Virginia Early Learning Reporting System: Pre-K, or ELRS: Pre-K,. The section of the Early Learning Reporting System (ELRS) web-based platform utilized for housing and reporting WV Universal Pre-K program and formative assessment data. The ELRS: Pre-K is a located within a secured site that requires registration and account login by all users.

W. Va. Code R. § 126-28-22 Severability

22.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR28

Series 030 Tiered System of Support for Early Literacy and Numeracy (Policy 2512)

W. Va. Code R. § 126-30-1 General

1.1. Scope. This legislative rule effectuates the provisions of W. Va. Code §18‑2E‑10, Third Grade Success Act.

1.2. Authority. W. Va. Constitution, Article XII, §2; and W. Va. Code §18-2-5 and §18-2E-10.

1.3. Filing Date. -- October 11, 2023.

1.4. Effective Date. -- November 13, 2023.

1.5. Repeal of Former Rule. This legislative rule amends W. Va. 126CSR30, Policy 2512, Transformative System of Support for Early Literacy (Policy 2512), filed June 9, 2021, and effective July 12, 2021.

W. Va. Code R. § 126-30-2 Purpose

2.1. This policy establishes standards to support students reaching grade-level proficiency in reading and mathematics by the end of grade three. Using a multi-tiered system of support for early literacy and mathematics in kindergarten through grade three, this approach shall be coordinated by the school student assistance team (SAT) focusing on the early learning years. Schools and engaged communities are mobilized to remove barriers, expand opportunities, and assist families in fulfilling their roles and responsibilities to serve as full partners in the success of their children.

W. Va. Code R. § 126-30-3 Definitions

3.1. Early Learning Reporting System (ELRS). A data reporting system based on the formative assessment process which allows pre-k through second grade educators the opportunity to gauge the extent to which students develop proficiency across standards. This system is required for pre-k and kindergarten and optional for first and second grades.

3.2. Extended Learning. The primary acquisition of knowledge and skills through instruction or study outside of the traditional classroom. Extended learning includes instructional support for students to ensure grade-level proficiency and to prevent summer learning loss.

3.3. School Readiness. The process of assuring children have access to the best available resources prior to entering first grade. Available resources support children and their families and focus on maximizing children’s holistic development from birth. Acknowledging that each child’s development is significantly impacted by previous experiences, school readiness also entails the capacity of schools and programs to welcome families and be prepared to serve all children effectively within the developmental domains of health and physical development, social and emotional development, language and communication, cognition and general knowledge, and individual approaches to learning.

3.4. Science of Reading. Evidence-based reading instruction practices that address the acquisition of language, phonological and phonemic awareness, phonics and spelling, fluency, vocabulary, oral language, comprehension, and writing that can be differentiated to meet the needs of individual students.

3.5. West Virginia Early Literacy and Numeracy Network of Support. This includes stakeholders dedicated to assisting counties in the implementation of a tiered system of support for early literacy and numeracy (TSSELN). These stakeholders are responsible for communicating the requirements of this policy and providing professional learning to assist in reaching early literacy and mathematics goals.

W. Va. Code R. § 126-30-4 General Responsibilities

4.1. The West Virginia Board of Education (WVBE) has the responsibility of generating policy including rules to effectuate the provisions of W. Va. Code §18-2E-10 that includes at least the following:

4.1.a. developing a statewide comprehensive, systemic approach to close reading and mathematics achievement gaps by grade three, targeting school readiness, the attendance gap, science of reading, mathematics instruction, summer learning loss, the use of screeners and/or benchmark assessments in English language arts and mathematics for students in grades kindergarten through three, and a multi- tiered system of support for all students;

4.1.b. ensuring all West Virginia children have access to high-quality early learning experiences which focus on physically and emotionally healthy learners as part of the school readiness model, resulting in increased populations of children on target for healthy development prior to entering first grade;

4.1.c. encouraging regular school attendance for children in the early grades in order to develop positive attendance habits and minimize chronic absences;

4.1.d. providing assistance to county boards with the training and implementation of the science of reading for all kindergarten through grade three educators, early childhood classroom assistant teachers (ECCATs), aides, paraprofessionals, and/or interventionists:

4.1.d.1. for grades one through three, counties may choose to employ interventionists instead of ECCATs, aides, or paraprofessionals pursuant to W. Va. Code §18-5-18a(b);

4.1.e. assisting county central office staff in establishing and operating targeted, sustained extended day and extended year literacy and mathematics programs to ensure grade-level proficiency and prevent summer learning loss;

4.1.f. establishing an approved list of screeners and/or benchmark assessments in English language arts and mathematics for students in grades kindergarten through three for the purpose of identifying students with a significant reading and/or mathematics deficiency. The screener and/or benchmark assessments shall be given in the first 30 school days of the school year and repeated at mid-year and at the end of the school year to determine student progress in reading and mathematics in kindergarten through grade three;

4.1.g. establishing an approved list of dyslexia screeners to be administered to students no less than twice per year in kindergarten through grade three and any time students with identified deficiencies are not responding to interventions;

4.1.h. maximizing family engagement to result in the development of a culture of literacy and numeracy from birth through grade three;

4.1.i. supporting high-quality schools and a workforce prepared to address early literacy and numeracy through professional learning for administrators, kindergarten, first, second, and third grade teachers inclusive of the following:

4.1.i.1. the approved benchmark assessment(s) and/or screener(s) including the administration, data analysis, using the data to inform instruction, and identifying students with substantial deficiencies;

4.1.i.2. the science of reading and numeracy to include ECCATs, aides, paraprofessionals, and interventionists pursuant to W. Va. Code §18-5-18a(b);

4.1.i.3. characteristics of dyslexia and dyscalculia and instructional strategies for those students identified; and

4.1.i.4. job-embedded, on-site training on evidence-based reading and mathematics instruction and data-driven decision-making that provides kindergarten through grade three teachers with immediate feedback for improving instruction;

4.1.j. ensuring the employment of qualified teachers and service personnel in accordance with W. Va. Code §18-5-39 and §18a-4-7c to provide instruction to students enrolled in early literacy and numeracy programs including, but not limited to, ensuring that educator preparation programs prepare candidates seeking licensure for elementary education with training and instruction to:

4.1.j.1. include instruction in state-adopted grade-level content standards, foundational reading and mathematics skills, and how to implement reading instruction using high-quality instructional materials;

4.1.j.2. provide effective instruction and intervention for students with reading and math deficiencies, including students with characteristics of dyslexia or dyscalculia; and

4.1.j.3. understand and use student data to make instructional decisions;

4.1.k. ensuring a formula-based program for the distribution of funds appropriated specifically for the purposes of this section or otherwise available for the support of a targeted, multi-tiered system of support for early literacy and numeracy;

4.1.l. providing support for supervision, transportation, and provision of healthy foods for students required to attend extended learning programs for early literacy and numeracy instructional support at the school accommodating the typical work schedules of families; and

4.1.m. receiving from county central office staff applications and annual reports required by state policy.

4.2. The West Virginia Department of Education (WVDE) has the primary responsibility for providing leadership in:

4.2.a. developing guidance, processes, and protocol resources to support the design and delivery of the TSSELN at the county level including:

4.2.a.1. definitions associated with, and an overview of the TSSELN, which is aligned to efforts to support school readiness based on West Virginia’s Comprehensive Framework for School Readiness; efforts to promote school attendance during the early years to establish positive habits and deter chronic absenteeism; and efforts to ensure a multi-tiered system of support ­for early literacy and numeracy proficiency;

4.2.a.2. recommendations to assist counties in maximizing sources of funding, including but not limited to, Public Law 92-318, Elementary and Secondary Education Act of 1965 (ESEA) (as amended by Public Law 114-95, Every Student Succeeds Act of 2015) Title I, Improving Basic Programs Operated by State and Local Educational Agencies; ESEA Title II, Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders; Public Law 108-446, Individuals with Disabilities Education Improvement Act (IDEA) of 2004; and 21st Century Community Learning Centers (21st CCLC) to support literacy and numeracy proficiency;

4.2.a.3. recommendations for increasing family engagement;

4.2.a.4. support for the collection of data and reporting annually about early literacy and numeracy intervention programs, including their implementation and outcomes;

4.2.a.5. guidance to support completion of required annual reports, as applicable, to be submitted to the WVBE, Legislature, and Governor;

4.2.b. guidance to support the use of the ELRS based on the formative assessment process to gauge students’ ongoing progress toward grade-level proficiency, including English language arts and mathematics, which provides:

4.2.b.1. a mechanism to generate classroom, school, county, and state-level reports to indicate progress toward closing the literacy and numeracy achievement gap in West Virginia in pre-k through grade two, as applicable per W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs;

4.2.b.2. the capability to generate individualized student reports for families to better understand students’ progress toward proficiency across standards;

4.2.b.3. the capability to examine outcome data for students over multiple years to gauge progress toward proficiency across standards; and

4.2.b.4. a resource and recommendation guide for the use of reports from the ELRS to base literacy and numeracy intervention and targeted, sustained extended day and extended year program design and implementation.

4.3. The West Virginia Early Literacy and Numeracy Network of Support shall assist in the implementation of WVBE policy requirements at the county level through the following responsibilities:

4.3.a. provide technical assistance to counties to assist with implementation of the TSSELN;

4.3.b. provide high-quality professional learning opportunities to support teachers, teacher assistants, and other county central office or school staff in the delivery of a comprehensive approach to early learning; and

4.3.c. facilitate coordination and cooperation among county central office staff and community partners in the design and delivery of ongoing support.

4.4. It is the responsibility of county central office staff to plan, deliver, and evaluate the implementation of multi-tiered literacy and numeracy instructional programs in accordance with WVBE policy and WVDE guidance resources. In carrying out this responsibility the county central office staff must address the following established processes that meet the requirements of the TSSELN:

4.4.a. a county plan that includes a needs assessment to determine the potential capacity requirements for a multi-tiered system of support for early learners which includes components outlined in W. Va. Code §18-2E-10 including:

4.4.a.1. development of a comprehensive, systematic approach to ensure all students achieve reading and mathematics proficiency by the end of grade three, which targets school readiness, chronic absence, extended learning, and high-quality instruction to include a multi-tiered system of support for all students;

4.4.a.2. ensuring all West Virginia children have access to high-quality early learning experiences that focus on creating physically and emotionally healthy learners as part of the school readiness model, resulting in increased populations of children on target for healthy development prior to entering first grade;

4.4.a.3. encouraging regular school attendance for children in the early grades in order to develop positive attendance habits and minimize chronic absences;

4.4.b. delivery and monitoring of research-based instructional support/interventions before, during, and after school, and in the summer;

4.4.c. maximization of funding resources, which may include Title I, Title II, IDEA, and 21st CCLC funds to support instructional intervention in pre-k through grade three:

4.4.c.1. a county may determine how to implement the TSSELN by distributing funding and initiatives equally across pre-k through grade three or by selecting specific grade levels for implementation based on needs including, but not limited to the following:

4.4.c.1.A. any student in kindergarten or grades one through three who exhibits a deficiency in reading and/or mathematics at any time, based upon the screeners and/or benchmark assessments, and/or the comprehensive statewide student assessment, and any fourth-grade student promoted for good cause shall receive an individual improvement plan no later than 30 school days after the identification of the reading and/or mathematics deficiency:

4.4.c.1.A.1. the improvement plan shall be created by the teacher, principal, other pertinent school personnel, and the parent(s) or guardians, and shall describe the research-based reading and mathematics intervention services the student will receive to remedy the reading and/or mathematics deficit;

4.4.c.1.A.2. each student shall receive intensive reading and/or mathematics intervention until the student no longer has a deficiency; and

4.4.c.1.A.3. the reading interventions shall include evidence-based strategies frequently used to remediate reading and/or mathematics deficiencies and includes, but is not limited to, individual instruction, small-group instruction, tutoring, mentoring, or the use of technology that targets specific reading and/or mathematics skills and abilities;

4.4.d. employment and training of highly qualified teachers and service personnel for the delivery of instruction and support including, but not limited to;

4.4.d.1. training in literacy, numeracy, and behavior management techniques;

4.4.d.2. training to gain a strong understanding of how to best utilize the ECCATs, aides, paraprofessionals, or interventionists during classroom instruction and other periods of the day;

4.4.e. family engagement programs supporting early literacy and numeracy development including, but not limited to the following:

4.4.e.1. providing parents and/or guardians with regular updates to inform them of their child’s progress toward proficiency in reading and mathematics;

4.4.e.2. ensuring parents and/or guardians are informed of and have access to resources which they may utilize to improve their child’s literacy and numeracy skills;

4.4.e.3. ensuring the parents and/or guardians are informed of the importance of students’ being able to demonstrate grade level reading and mathematics skills by the end of grade three and the supports available to improve the reading and mathematics skills of children who are not meeting the standards; and

4.4.e.4. the parent and/or guardian of any student in kindergarten through grade three who exhibits a deficiency in reading or mathematics at any time during the school year must be notified in writing no later than 15 school days after the identification of the deficiency. The written notification must include the following:

4.4.e.4.A. the student has been identified as having a deficiency in reading and/or mathematics;

4.4.e.4.B. a description of the proposed research-based reading and/or mathematics interventions and/or supplemental instructional services and supports that will be provided to the student to address the identified area(s) of deficiency;

4.4.e.4.C. strategies for parents and/or guardians to use at home to help increase reading and/or mathematics achievement; and

4.4.e.4.D. that if the student’s reading or mathematics deficiency is not corrected by the end of grade three, the student may not be promoted to grade four unless an exemption, as outlined in section 4.6, is met;

4.4.f. provision of high-quality educational facilities, equipment, and services to support literacy and numeracy instructional support programs established pursuant to this section. Extended year programs may be provided at a central location for kindergarten through grade three who qualify for the program. Counties may not charge tuition for enrollment in literacy and numeracy instructional support programs established pursuant to this section;

4.4.g. adoption of high-quality instructional materials grounded in scientifically based reading research and aligned to state standards which shall not include practices aligned with the three cueing system of teaching decoding; and

4.4.h. support for supervision, transportation, and provision of healthy foods for students required to attend extended learning programs for early literacy and numeracy at the school accommodating the typical work schedules of families.

4.5. A student in kindergarten through grade three shall be required to attend an extended year early literacy and numeracy instructional support program as a condition for promotion if:

4.5.a. the student has been provided additional academic assistance through interventions offered during the school day or after‑school in early literacy and numeracy instructional support programs and, prior to the end of the school year, the SAT or the student's classroom teacher recommends that additional academic help is needed for the student to be successful at the next grade level; and

4.5.b. the county central office staff has established literacy and numeracy instructional support programs during the extended year for the student's grade level.

4.5.c. Section 4.5 may not be construed to prohibit a classroom teacher from recommending the grade level retention of a student in kindergarten through grade three based upon the student's lack of mastery of the subject matter, nor may this section be construed to affect a student’s Individualized Education Program (IEP) providing:

4.5.c.1. benchmark and/or screener data is used to inform such recommendation of the classroom teacher.

4.6. Effective for the school year beginning July 1, 2026, and thereafter, a public school student who generally demonstrates a minimal understanding and ability to apply grade level English language arts or mathematics knowledge, skills, and abilities, or both, as indicated on the West Virginia General Summative Assessment relative to the West Virginia College- and Career-Readiness Standards at the end of grade three, shall upon the recommendation of the teacher and the SAT be retained in grade three for the ensuing school year subject to the following exceptions:

4.6.a. a student with disabilities whose IEP indicates participation in the statewide alternate summative assessment;

4.6.b. a student identified as an English language learner who has had less than three years instruction in English as a second language;

4.6.c. a student with disabilities who participates in the statewide summative assessment, has an IEP or Section 504 plan (Public Law 110-325, Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act) that reflects that the student has received intensive intervention for more than two years and still demonstrates a deficiency or who was previously retained in kindergarten through grade three;

4.6.d. a student who is in the process of a special education referral or evaluation for placement in special education, has been diagnosed as having a significant impairment, including dyslexia or dyscalculia, or is a child with a disability if the student’s individualized education program team and the student’s parent or guardian agree that promotion is appropriate based on the student’s IEP;

4.6.e. a student who has received intensive intervention for two or more years, still demonstrates a deficiency, and who was previously retained in any of the grades kindergarten through grade three for a total of two years: provided, that the student shall continue to receive intensive intervention in grade four;

4.6.f. a student who demonstrates an acceptable level of performance on an alternative standardized assessment approved by the WVBE;

4.6.g. a student who attends an extended year learning program following grade three and has attained proficiency; and

4.6.h. a student whose parent or guardian has requested a good cause exemption within the time period established by the county board and the superintendent, or his or her designee, determines that the good cause exemption is in the best interests of the child: provided, that a good cause exemption may not prohibit the grade level retention of a student by a classroom teacher based upon the student’s lack of mastery of the subject matter and preparation for the subject matter at the next grade level.

W. Va. Code R. § 126-30-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 032 Issuance of the State of West Virginia High School Diploma and the Administration of the West Virginia High School Equivalency Test, Option Pathway, and Mountaineer ChalleNGe Academy Graduation Pathway (Policy 2444.4)

W. Va. Code R. § 126-32-1 General

1.1. Scope. -- This legislative rule establishes the protocols for administering the issuance of the State of West Virginia High School Equivalency Diploma and the administration of the West Virginia Department of Education (WVDE) approved High School Equivalency (HSE) test, Option Pathway, and the Mountaineer ChalleNGe Academy (MCA) Graduation Pathway.

1.1.a. The purpose of the State of West Virginia High School Equivalency Diploma is to recognize individuals who demonstrate attainment of academic skills equivalent to those skills required to graduate from a West Virginia high school by satisfactorily passing the WVDE-approved HSE test.

1.1.b. The purpose of the Option Pathway, which is a blend of Career Technical Education (CTE) and the WVDE-approved HSE test, is to provide an opportunity for at-risk students to stay in school and graduate with a standard high school diploma.

1.1.c. The purpose of the MCA graduation pathway, which is a blend of the National Guard Youth ChalleNGe Program (NGYCP) courses and the WVDE-approved HSE test is to provide an opportunity for students enrolled in MCA to graduate with a standard high school diploma.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §18-2-5 and §18-8-6.

1.3. Filing Date. -- June 12, 2024.

1.4. Effective Date. -- July 15, 2024.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR32, Policy 2444.4, Issuance of the State of West Virginia High School Equivalency Diploma and Option Pathway, filed June 15, 2018, and effective July 16, 2018.

W. Va. Code R. § 126-32-2 State of West Virginia High School Equivalency Diploma

2.1. WVDE issues a State of West Virginia High School Equivalency Diploma based upon satisfactory scores earned on the WVDE-approved HSE test.

W. Va. Code R. § 126-32-3 Applying for Testing

3.1. Applicants are required to pass an approved HSE practice test with the minimum score as determined by the WVDE. An Adult Education (AE) instructor, an Option Pathway teacher, or a West Virginia Schools of Diversion and Transition (WVSDT), Mountaineer Job ChalleNGe Program (MJCP), or MCA staff member shall provide the necessary eligibility documentation to the test administrator prior to the scheduled test dates as outlined in the West Virginia HSE Test Administrator’s Manual. This manual is available upon request by contacting the WVDE HSE Coordinator.

3.1.a. Students who are court-ordered to take the HSE test and Option Pathway students who are enrolled in the MJCP are required to participate in an approved HSE practice test as determined by the WVDE. An AE instructor, Option Pathway teacher, or a MJCP staff member shall provide the necessary enrichment services to assist students in being better prepared for the HSE test.

3.1.a.1. Students who have a court order that specifically states they do not have to take the HSE practice test are permitted to take the HSE test without being required to take the approved HSE practice test.

3.1.a.2. Option Pathway students who are enrolled in the MCA program are subject to the testing rules as described in section 10 of this policy.

3.2. A current, valid, original (not photocopy) government-issued photo identification (ID), such as a driver’s license, military ID, or passport, which contains the individual’s full name, photograph, and signature, must be presented to the HSE test administrator during the check-in process and must be present during all testing sessions. Students who do not have a valid photo ID on the day of testing shall not be allowed to take the HSE test.

3.2.a. Option Pathway or WVSDT juvenile residential students may use the WVDE-approved alternate photo ID as outlined in the West Virginia HSE Test Administrator’s Manual.

3.2.b. Students participating in a WVSDT residential or government program, e.g., Job Corps, students may use the facility-issued photo ID, providing it includes the student’s legal name, date of birth, signature, and a legible photo.

3.2.c. Option Pathway students who are enrolled in the MJCP program may use their current photo ID issued by MCA, MJCP, or the West Virginia National Guard while enrolled in the MJCP.

W. Va. Code R. § 126-32-4 Criteria for Administering the State of West Virginia HSE Test

4.1. HSE tests shall be administered at WVDE-approved testing centers that meet the facility requirements as outlined in the West Virginia HSE Test Administrator’s Manual.

4.1.a. The WVDE HSE Coordinator must approve all HSE testing centers.

4.1.b. There shall be no duplication of testing services within a county without evidence of need, as outlined in the West Virginia HSE Test Administrator’s Manual.

4.1.c. Test centers may not alter the configuration of the testing room or change testing rooms or locations without the approval of the WVDE HSE Coordinator. Upon approval, test administrators must follow the procedures outlined in the West Virginia HSE Test Administrator’s Manual for changing a testing room or test center location.

4.2. HSE tests shall be administered by WVDE-trained and certified HSE test administrators. All test administrators must meet the eligibility requirements as outlined in the West Virginia HSE Test Administrator’s Manual.

4.2.a. HSE test administrators must complete the required training as outlined in the West Virginia HSE Test Administrator’s Manual and be approved by the WVDE HSE Coordinator before being permitted in the testing room. In addition, HSE test administrators must complete the required annual HSE training in order to be recertified for testing, as outlined in the West Virginia HSE Test Administrator’s Manual.

4.2.a.1. No staff other than the WVDE trained and certified HSE test administrators are permitted to be present in the HSE testing room while a test is in session. Permitting unauthorized individuals in the testing room while a test is in progress will result in the immediate suspension of all testing privileges for the test administrator(s) at the test center, in accordance with the procedures in the West Virginia HSE Teset Administrator’s Manual.

4.2.b. HSE test administrators must follow all HSE policies and procedures as outlined in the West Virginia HSE Test Administrator’s Manual.

4.3. HSE test administrators at non-residential test centers must submit a test center schedule to the Option Pathway teachers and Adult Education instructors in their county jurisdiction no later than September 1 each school year, which includes all test dates and times through the end of June of that school year. This test center schedule must correspond with the online test center schedule that is within the test publisher’s scheduling portal, which makes it available to the public. Teachers must be informed of any changes to the schedule at least 30 days in advance and the test center online schedule within the test publisher’s scheduling portal updated to reflect these changes.

4.3.a. Test center schedule changes that are necessary due to an emergency closure for inclement weather, test administrator illness, or other unforeseen circumstances shall be communicated to teachers and students as soon as possible.

4.3.b. Test sessions that need to be added to an existing test center schedule are permitted any time it is deemed necessary without the required 30 day notice. These additions shall be communicated to teachers and changed in the outline scheduling portal as soon as possible.

4.4. Test administrators who are found to be in violation of HSE test policies and/or procedures shall be placed on a plan of improvement or suspended from testing, depending on the infraction, in accordance with the procedures outlined in the West Virginia HSE Test Administrator’s Manual.

W. Va. Code R. § 126-32-5 Basis for Issuing the State of West Virginia High School Equivalency Diploma

5.1. Individuals who take the WVDE-approved HSE test and achieve minimum passing scores as determined by the WVDE shall receive a State of West Virginia High School Equivalency Diploma.

W. Va. Code R. § 126-32-6 Testing of Individuals 16, 17, or 18 Years of Age

6.1. Individuals who are 16, 17, or 18 years of age are eligible to sit for the HSE test under any of the following circumstances:

6.1.a. The individual has officially withdrawn from a public high school prior to test registration as evidenced by documentation from the last school/system attended, or by documentation from the county attendance director that includes the withdrawal date as it is defined in W. Va. 126CSR81, Policy 4110, Attendance; or

6.1.b. The individual is enrolled in the Option Pathway; or

6.1.c. The individual, at least 16 years of age, is homeschooled, meets all eligibility requirements as outlined in the West Virginia HSE Test Administrator’s Manual, and provides the appropriate documentation as specified by the WVDE; or

6.1.d. The individual is attending Mountaineer ChalleNGe Academy; or

6.1.e. The individual is court-ordered to take the HSE test.

6.2. All individuals meeting one of the requirements above must also provide HSE testing eligibility documentation signed by an AE instructor, an Option Pathway teacher, a WVSDT or MCA staff member, or an HSE test administrator in accordance with the procedures in the West Virginia HSE Test Administrator’s Manual.

W. Va. Code R. § 126-32-7 Testing of Individuals 16, 17, or 18 Years of Age Participating in WVSDT or Government Program

7.1. Individuals, at least 16 years of age, who are participating in a WVSDT educational program, may test under the following conditions:

7.1.a. the individual is court-ordered to take the HSE test and must provide a copy of the court order to the HSE test administrator even if the individual is still enrolled in school; or

7.1.b. the individual is officially transferred from the public high school to a WVSDT residential facility; or

7.1.c. adjudicated youth 16, 17, or 18 years of age, who are under the control of a court, diagnostic and detention center, group care facility, or probation office may be admitted to testing based on the referral of the WVSDT staff, provided the youth is officially transferred from the public high school to the WVSDT facility.

7.2. Individuals, at least 16 years of age, who are participating in a residential government program, e.g., Job Corps, may test while a resident at the facility provided the individual has passed the compulsory age requirement for school attendance in their state of residence and has been officially withdrawn from a public high school.

7.3. All youth transitioning from a WVSDT residential facility or government program, who have taken but not completed the WVDE-approved HSE test and who are listed in the WVDE vendor’s database, are eligible to continue testing at a WVDE-approved HSE test center by presenting a current government-issued photo ID in accordance with the photo ID policy outlined in the West Virginia HSE Test Administrator’s Manual.

W. Va. Code R. § 126-32-8 Criteria for Administering Option Pathway in West Virginia Public High Schools and WVSDT Facilities

8.1. The Option Pathway program provides the opportunity for an at-risk student to take the HSE test while still enrolled in and attending a West Virginia public high school or WVSDT educational program. Option Pathway (Option 1) blends CTE and the WVDE-approved HSE test and provides an opportunity for at-risk students to stay in school and graduate with a standard high school diploma. Option 1 is designed for the student who has failed major core courses and remains enrolled in high school. To maintain the integrity of the Option Pathway program, teachers, administrators, and staff at WVDE-approved Option Pathway schools must follow all Option Pathway guidelines and policies as outlined in the Option Pathway Organizational Manual which is available upon request by contacting the WVDE Option Pathway Coordinator.

8.1.a. If the Option 1 student successfully passes all content areas of the WVDE-approved HSE test and successfully completes a state-approved CTE program of study as defined in W. Va. 126CSR44M, Policy 2520.13, West Virginia College- and Career-Readiness Programs of Study/Standards for Career Technical Education, or completes the Option Pathway Career Integrated Experiential Learning (CIEL) pathway as outlined in the Option Pathway Organizational Manual, the student shall receive a regular high school diploma and shall be counted as a graduate.

8.1.b. CIEL is an alternate CTE pathway intended to offer at-risk students additional flexibility while meeting their career aspirations by providing them with employability skills and opportunities to test for nationally recognized credentials.

8.2. Option 1 students who do not complete the Option Pathway program while a resident at a WVSDT facility may return to their home high school to complete their graduation requirements as an Option Pathway student, provided the home high school has an approved Option Pathway program.

8.2.a. Option 1 students who do not complete the Option Pathway program while a resident at a WVSDT facility may enroll in their local AE program to complete their high school equivalency test and earn their high school equivalency diploma. To be eligible to take the HSE test through an AE program, the student must be transferred back to their home high school and officially drop out of school. Documentation of their withdrawal from their home high school must be provided to the AE instructor.

W. Va. Code R. § 126-32-9 Criteria for Administering Option Pathway Supplemental Programs

9.1. Schools that have an operational Option 1 program may offer seniors, as defined in the Option Pathway Organizational Manual, the HSE test as credit recovery in one core content area. (This is credit recovery of courses the student has attempted and failed; this shall not be used as credit replacement for courses not taken. This supplemental program is referred to as HSE Credit Recovery (Option 2). Schools that are utilizing the Option 2 supplemental program must follow all policies and procedures for Option 2 as outlined in the Option Pathway Organizational Manual, which is available upon request by contacting the WVDE Option Pathway Coordinator.

9.1.a. The Option 2 student continues attending and maintaining passing grades in all other classes as per W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510); and

9.1.b. The Option 2 student shall earn grades according to the county’s credit recovery guidelines.

9.2. Schools that have an operational Option 1 program may allow a student who is intent on dropping out of school the opportunity to take the HSE test prior to the student dropping out of school. This supplemental program is referred to as HSE Opportunity (Option 3). Schools that utilize the Option 3 supplemental program must follow all policies and procedures for the Option Pathway program as outlined in the Option Pathway Organizational Manual.

9.2.a. The Option 3 student who passes the HSE test prior to dropping out of school shall receive a State of West Virginia High School Equivalency Diploma and shall not be counted in the public high school’s graduation rate. Option 3 students shall not receive grades or credits for passing the HSE test.

9.2.b. The Option 3 student must be at least 17 years of age and have met the official dropout age for their county prior to being permitted to take the HSE test.

9.2.c. The Option 3 student shall continue attending classes until they have taken the HSE test and have officially withdrawn from school.

W. Va. Code R. § 126-32-10 Criteria for Administering the MCA Graduation Pathway

10.1. MCA students are required to participate in an approved HSE practice test as determined by the WVDE prior to taking the HSE test. An MCA teacher shall provide necessary enrichment services to assist MCA students in being better prepared for the HSE test.

10.2. A current, valid, original (not photocopy) government-issued photo ID, such as a driver’s license, military ID, or passport, which contains the individual’s full name, photograph, and signature, must be provided to the test administrator immediately prior to and be present during all testing sessions.

10.2.a. MCA students may use a current photo ID issued by MCA or the West Virginia National Guard while a resident at the facility.

10.3. The high school graduation pathway for MCA is a blend of the NGYCP courses and the WVDE-approved HSE test. To maintain the integrity of the program, MCA must follow all the guidelines and policies specific to MCA as outlined in the Option Pathway Organizational Manual.

10.3.a. A MCA student who successfully passes all content area tests of the WVDE-approved HSE test, successfully completes the four NGYCP courses, and graduates from the MCA program shall receive a regular high school diploma from their home high school and is counted in the home high school’s graduation rate.

10.3.b. A MCA student who graduates from the MCA program but who does not meet high school graduation requirements, may return to the public high school to complete the deficient areas of study required for a regular high school diploma as an Option Pathway student in accordance with this policy or as a traditional high school student as provided in Policy 2510.

10.3.c. A MCA student who graduates from the MCA program, but who does not meet high school graduation requirements may enroll in the MJCP and complete their graduation requirements through the Option Pathway program while a resident at MJCP. These students must be transferred from MCA back to their home high school within 30 days of enrollment in the Option Pathway program at MJCP.

10.3.c.1. An Option Pathway student who does not meet high school graduation requirements while a resident at MJCP may return to their home high school to complete the deficient areas of study required for a regular high school diploma as an Option Pathway student per this policy, provided the high school has an Option Pathway program, or as a traditional high school student as provided in Policy 2510.

10.3.d. A MCA student who does not graduate from the MCA program may return to the public high school to complete the deficient areas of study required for a regular high school diploma as a traditional high school student in accordance with Policy 2510. The student may be eligible to enroll in the Option Pathway program if they meet all Option Pathway requirements as outlined in the Option Pathway Organizational Manual.

10.3.e. Upon notification of graduation of an MCA student by the WVDE, the home high school shall update the student’s date of graduation, credits, and graduation status in the West Virginia Educational Information System no later than three weeks from notification or prior to the promotion of students, whichever occurs sooner.

W. Va. Code R. § 126-32-11 Residence

11.1. Individuals meeting all criteria and demonstrating themselves eligible under the State of West Virginia High School Equivalency Diploma guidelines shall be admitted to testing for the purpose of securing a State of West Virginia High School Equivalency Diploma according to the guidelines of this policy.

11.1.a. Individuals under the age of 19 must meet West Virginia eligibility guidelines for testing as outlined in the West Virginia HSE Test Administrator’s Manual, which is available upon request by contacting the WVDE HSE Coordinator.

W. Va. Code R. § 126-32-12 Transcripts of Scores

12.1. Names of individuals receiving the State of West Virginia High School Equivalency Diploma shall not be released unless an individual has signed a written permission to release the information.

12.2. The original transcript and diploma shall be issued at no cost by the vendor retained by the WVDE. An additional transcript, verification and/or a replacement copy of the State of West Virginia High School Equivalency Diploma shall be provided for a fee determined by the WVDE vendor.

W. Va. Code R. § 126-32-13 Falsification of the High School Equivalency Assessment Information and/or Center Violations

13.1. Any falsification of information and/or cheating on the HSE test shall result in penalties as outlined in the testing policies and procedures in the West Virginia HSE Test Administrator’s Manual which is available upon request by contacting the WVDE HSE Coordinator.

13.2. Testing center violations shall be processed according to the procedures outlined in the West Virginia HSE Test Administrator’s Manual, and may include suspension or loss of testing privileges and potential criminal prosecution.

W. Va. Code R. § 126-32-14 Testing Fees

14.1. Testing fees shall be established by the WVDE.

W. Va. Code R. § 126-32-15 Severability

15.1. If any provisions of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR32

126CSR32

Series 035 Instructional Resources (Policy 2445.40)

W. Va. Code R. § 126-35-1 General

1.1. Scope. -- This legislative rule provides for the transition from the West Virginia Board of Education (WVBE) to the county board of education (county board) level the process for review and adoption of instructional resources required to be used in the schools under the jurisdiction of the county board and for the instructional resource groupings I-V for the required subjects taught in pre‑kindergarten through grade 12 (pre-k-12) education.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code §§18-2-5, 18-2-8, 18-2A-10, 18‑5‑21 and 18-5-27.

1.2.a. Book Fees Prohibited (1995). – The free schools clause in W. Va. Constitution, Article XII, §1, prevents local school authorities from charging students and their parents a fee for the use of necessary textbooks. (Randolph County Board of Education v. Adams, 196 W. Va. 9, 467, S.E.2d 150.)

1.3. Filing Date. -- September 15, 2022.

1.4. Effective Date. -- October 17, 2022.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR35, Policy 2445.40, Instructional Resources, filed July 11, 2019, and effective August 12, 2019.

W. Va. Code R. § 126-35-2 Purpose

2.1. The WVBE is committed to providing a smooth transition from the WVBE to the county board the process for review and adoption of instructional resources required to be used in schools under the jurisdiction of the county board. For instructional resources adopted by a county board for use in the school year beginning July 1, 2019 (per W. Va. Code §18-2A-10, which supersedes previous sections), and successive school years, nothing in this section limits or prevents a county board from adopting instructional resources approved and included on the current WVBE-approved state multiple lists under those provisions for the duration of the adoption cycle if it chooses to do so.

W. Va. Code R. § 126-35-3 Glossary of Terms

3.1. Criteria. The means for reviewing instructional resources.

3.1.a. Non-Negotiable Criteria. Ensure that primary instructional resources meet the equity, accessibility, and format requirements of inter-ethnic, equal opportunity, format, bias, and freedom from reference to Common Core State Standards (per W. Va. Code §18-2E-1b-1). All primary instructional resources must meet 100 percent of the Non-Negotiable Criteria.

3.1.b. General Criteria. Consist of information critical to be included at all grade levels and include items such as thinking and problem-solving skills, information and communication skills, personal and workplace productivity skills, developmentally appropriate instructional resources and strategies, career development and global citizenship, assessments, organization, presentation, and format. All primary instructional resources must meet at least 80 percent of the General Criteria.

3.1.c. Specific Criteria. Consist of the current West Virginia College- and-Career-Readiness Standards for a given content area. All primary instructional resources must meet at least 80 percent of the Specific Criteria.

3.2. Instructional Resources. Print materials, electronic resources and systems, kit-based instructional materials, or combinations of such instructional resources which convey information to a student that covers no less than 80 percent of the required content and skills approved by the WVBE for subjects taught in the public schools of the state.

3.3. Instructional Resource Review Committee (IRRC). A state or county committee comprised of West Virginia teachers and other education specialists.

3.4. Kit-based Instructional Resources. A pre-packaged set of instructional resources and manipulatives designed to provide students with hands-on activities.

3.5. Open Educational Resource (OER). Freely accessible, openly licensed text, media, and other digital assets that are useful for teaching, learning, and assessing as well as for research purposes.

3.6. Publisher. A person or company that prepares and issues books, journals, music, or other works for sale, in digital and/or print format.

3.7. Resource Review Results. The results of the review of instructional resources conducted by the Instructional Resource Review Committee.

3.8. Vendor. A person or company offering goods for sale who is registered on the West Virginia List of Registered Vendors of Instructional Resources.

3.9. Vendor Registration. An online system where interested vendors or counties can register a product to be utilized as a primary instructional resource.

3.10. Web Content Accessibility Guidelines (WCAG). Available through the W3C.

3.11. West Virginia List of Registered Vendors of Instructional Resources. The official list of publishers and/or vendors who have registered to provide instructional resources to be used as the primary source in West Virginia public schools.

3.12. World Wide Web Consortium (W3C). Develops international standards for the Web.

W. Va. Code R. § 126-35-4 County Responsibilities

4.1. Each county board shall furnish free of charge the necessary instructional resources to students attending the public schools in that county. A county board choosing to furnish electronic instructional resources to its students and teachers shall provide reasonable access to these resources and the necessary computer equipment to students for completing assignments that require using the resources and equipment. All instructional resources furnished as provided in this section shall be the property of the county board and loaned to students and teachers on terms as each county board prescribes.

4.2. Every county board shall adopt a policy regarding the adoption of instructional resources which shall include, at a minimum, the following:

4.2.a. the process for reviewing instructional resources to ensure the resources meet all the non-negotiable requirements established by the WVBE and cover no less than 80 percent of the required content and skills for a subject as approved by the WVBE. A county board may rely on an instructional material review completed by the West Virginia Department of Education (WVDE) to fulfill this requirement;

4.2.b. the composition, duties, and responsibilities of the county’s IRRC;

4.2.c. the process for recommending instructional resources that are proposed for adoption;

4.2.d. at a properly noticed meeting, the county board’s determination by a majority vote of all members elected which instructional resources shall be required in the schools under its control; and

4.2.e. an annual report of instructional resources adopted submitted to the WVBE by June 1.

4.3. The State Superintendent of Schools (State Superintendent) shall annually provide to all county boards a list of all vendors that have provided a statement in accordance with section 6. This list shall be called the West Virginia List of Registered Vendors of Instructional Resources.

4.4. A county board may not adopt or cause to be used in the public schools any instructional resource unless the person, firm, or corporation offering the instructional resource for adoption or use has registered with the WVDE and complied with this section.

4.4.a. If a county board wishes to use free-of-charge, Open Educational Resources (OER), or county board-created primary instructional resources, the county board must complete the Vendor Registration to appear on the West Virginia List of Registered Vendors of Instructional Resources for these materials created. The county board must provide alignment and review documentation for materials adopted to ensure the resources meet requirements in section 4.2.a.

4.4.a.1. The county will ensure any OER instructional resources adopted shall meet the accessibility guidelines found in section 8.

4.5. If a person, firm, or corporation files a statement to provide instructional resources and fails or refuses to furnish the instructional resources to any county board in accordance with the terms provided in the statement, the county board at once shall notify the State Superintendent of the failure or refusal. If the State Superintendent verifies the failure or refusal, the State Superintendent shall disqualify the person, firm, or corporation and notify each county board that the providers of instructional resources may not thereafter be adopted and purchased by any county board until the person, firm, or corporation is requalified.

4.6. This policy does not apply to the purchase of supplementary instructional resources, including, but not limited to, reading books, library books, reference books, or other supplementary instructional resources. These supplementary instructional resources shall be ordered, received, examined, and paid for in the same manner and by the same persons as other supplies and equipment.

4.7. A county board member or employee may not act as sales agent or benefit personally by sales, either directly or indirectly, for any person, firm, or corporation that files an instructional resources statement with the State Superintendent.

4.8. All contracts for instructional resources will be between the county board and the vendor.

W. Va. Code R. § 126-35-5 Gifts and Bribes to Influence Adoption of Instructional Resources A Felony; Penalty

5.1. Per W. Va. Code §18-2A-9, “Any member of the state board, any county superintendent, any member of a county board or any other person who shall receive, solicit, or accept any gift, present, or thing of value to influence that individual in the vote for the adoption of instructional resources, print or electronic, or any combination thereof, or any person who shall either directly or indirectly give or offer to give any such gift or thing of value to any person to influence that individual in voting for the adoption of instructional resources, printed or electronic, or any combination thereof, shall be guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one year and nor more than three years.”

W. Va. Code R. § 126-35-6 Grouping of Instructional Resources

6.1. Per W. Va. Code §18-2A-10(c), the WVBE establishes the Adoption Groups for required subjects to be taught in grades pre-k-12 as listed below:

6.2. Adoption Groups I-V.

Adoption Group Content Areas I WV Pre-K Social Studies II The Arts Wellness Education Drivers Education III English Language Arts IV Science V Mathematics

6.3. The adoption period is based on the fiscal year (July 1 to June 30) and, unless otherwise noted, is established for five years.

6.4. The adoption schedule shall be available on the WVDE Instructional Resources website.

6.5. The adoption of any instructional resources not listed in the content areas in section 6.2 shall be at the discretion of the county board as needed.

W. Va. Code R. § 126-35-7 Flowchart of Instructional Resources Events

Flowchart of Instructional Resources Events August/September WVBE releases criteria for current adoption cycle.

September 1 – January 1 State Superintendent opens vendor registration period for the West Virginia List of Registered Vendors of Instructional Resources.

September 1 – December 1 Vendors may submit materials to State IRRC for preliminary complimentary review (optional).

December – January State IRRC completes a complimentary review of resources per vendor request. WVBE annually provides to all county boards a list of registered vendors that have met the requirements of W. Va. Code §18-2A-10.

January 1 - May County boards review registered resources.

February WVDE releases State IRRC Resource Preliminary Review results.

May County IRRCs finalize individual resource reviews.

June 1 County boards submit an annual report of adopted and purchased instructional resources that have been approved by their local boards to WVBE. County alignment and final review documentation shall also be submitted.

Summer WVBE sets criteria for next adoption cycle.

August WVBE releases criteria for upcoming adoption cycle.

Fall Newly adopted instructional resources are available in classrooms.

W. Va. Code R. § 126-35-8 Responsibilities of Vendors of Print and Digital Instructional Resources

8.1. A vendor must complete Vendor Registration after September 1st and no later than January 1st to ensure the vendor appears on the West Virginia List of Registered Vendors of Instructional Resources. Registration information is located on the WVDE Instructional Resources website.

8.1.a. Registration Forms. All registrations must be submitted electronically on the official WVDE registration site. Vendors must complete all sections of the registration form. Upon completing an online registration submission, a signature sheet including the vendor’s authorized signature must be mailed to the WVDE in accordance with the directions on the form. The registration templates and examples are available on the WVDE Instructional Resources website. Alternatively, vendors may request that the link to the online registration template be sent to them via email.

8.2. Instructional resources, including print materials, electronic resources and systems, kit-based instructional resources, or any combination submitted by a vendor and placed on the West Virginia List of Registered Vendors of Instructional Resources must substantially cover the required content and skills for the subject as approved by the WVBE as a primary source of instruction. Adopted resources must be current and information presented accurately; therefore, resources may be updated, substituted, or otherwise changed and improved to ensure they are current and accurate. Copyright dates of instructional resources being registered must not be more than three years prior to the beginning date of the adoption period.

8.2.a. Criteria. Non-negotiable, general, and specific evaluation criteria for the current adoption program(s) shall be furnished by the WVBE to each registrant electronically. Instructional resources must meet 100 percent of the non-negotiable criteria, 80 percent of the general criteria, and 80 percent of the specific criteria for a county board to adopt the resource as the primary instructional resource. Vendors are required to provide criteria correlation documents in paper and electronic format for print and non‑print, including specific locations for each criterion to the WVDE and county boards by January 1 of the adoption year, using the WVDE-provided forms. If the resources do not address the outlined criteria, this fact must be noted on the form as “No.” These documents shall be used to evaluate instructional resources that will be considered by county boards’ local review committees in their selection process.

8.3. The WVDE and county boards may request samples and prices on items deemed appropriate to teach the curriculum. These items must be usable in the public schools as the primary source to deliver the current standards that have been further refined into generic and specific criteria for the respective subject.

8.4. Teacher Edition. Vendors are required to provide teacher’s editions/manuals which contain the teacher’s edition/manual/curriculum, etc., for counties adopting and purchasing instructional resources at the ratio of one per classroom at the early and middle childhood levels and one per teacher for every 25 student editions purchased at the adolescent level. Counties, schools, and teachers requesting teacher editions in excess of this requirement should expect to pay the current registration price. Electronic teacher editions may be supplied in lieu of print versions when digital or online versions of learning technologies or other digital or online instructional resources are adopted.

8.4.a. Teacher editions/manuals and pricing must be included in the registration form to allow counties to purchase additional copies. The vendor grants each school duplication rights for classroom use only within the limitation(s) of current copyright laws.

8.4.b. Assessments and other ancillary materials and pricing must be included in the registration form. The vendor grants each school duplication rights for classroom use only within the limitation(s) of current copyright laws.

8.5. Vendors shall provide Lexile Measures for student editions of all resources in all content areas approved for use as primary instructional resources. Vendors shall provide Quantile Measures for all student editions approved as primary instructional resources for mathematics and, when applicable, for all student editions approved as primary instructional resources for science courses by February 1 of the adoption year from the date of publication of the West Virginia List of Registered Vendors of Instructional Resources. Vendors shall bear the cost of obtaining Lexile and Quantile Measures.

8.6. Permission Statements. Successful vendors of student print resources will be required to file permission statements with the National Instructional Materials Accessibility Center (NIMAC), located at the American Printing House for the Blind in Louisville, Kentucky, within 30 days of the closing of registration with WVBE. The permission statement shall provide for translating adopted resources into Braille, Large Type Editions, audio‑recordings, etc., to enable students with disabilities to have usable instructional resources on the opening day of school. The files shall be provided in the National Instructional Materials Accessibility Standard (NIMAS) format.

8.6.a. Accessibility Statements. Successful vendors of student non-print materials shall meet student accessibility guidelines. All content must comply with the Americans with Disabilities Act of 1990, amended Section 508 of the Rehabilitation Act of 1973, and the Web Content Accessibility Guidelines (WCAG) 2.0.

8.6.a.1. The county board will ensure any OER instructional resources adopted shall meet the accessibility guidelines found in this section.

8.6.b. Inter-Ethnic Statements. Vendors of instructional resources must accurately portray minority and ethnic group contributions to American growth and culture. These resources must depict and illustrate the intercultural character of America’s pluralistic society.

8.7. Rejection of Registrations and/or Free Items. The State Superintendent reserves the right to accept and reject any and all registrations or any part of a registration or free item.

8.8. Shipment. County boards and schools have the option to purchase instructional resources directly from a vendor and have the resources shipped directly to the county boards, school(s), or dealer appointed by the county board, or purchase through a depository at the registration price.

8.8.a. Shipment to a county board, school(s), or dealer shall require the vendor to bear the costs of shipping, mailing, or transporting, including any other benefits provided to any county or school in West Virginia or in another state.

8.8.b. Vendors can make their product(s) available for distribution through any WVBE-approved depository(ies) that is (are) determined to be qualified to warehouse, manage, and distribute such product(s). Shipping costs and/or transportation to county boards/schools/dealers shall be provided without charge and borne by agreement between the vendor and state-approved depository(ies).

8.9. Registration. If a county board selects a non-registered vendor, the vendor must contact WVDE to register prior to county adoption.

W. Va. Code R. § 126-35-9 West Virginia Instructional Resources Review Committee (IRRC) Requirements

9.1. If a vendor wishes to have a review completed by the State IRRC, the correlation documents, along with samples of the instructional resources and access to all online resources, must be received by the IRRC prior to December 1 of the adoption year. These documents shall be used during the review of the instructional resources. Failing to submit required documentation within the timeline could result in an incomplete review of the product.

9.2. WVDE will provide counties with a summary review of any products submitted by vendors and reviewed by the State IRRC.

W. Va. Code R. § 126-35-10 Services to Counties and Schools

10.1. Vendors, dealers, agents, and/or depositories shall promptly fill all orders of instructional resources by delivering, within 10 days after the receipt of orders, to a common carrier at the point or points of shipment; shall on or before August 1 of each school year sell and cause to be delivered to the dealers, depositories, and/or county boards a sufficient number of instructional resources to supply the demand, and any failure or neglect to provide such instructional material at such time and place may cause the forfeiture of the contract. Furthermore, proper and adequate service shall be provided to assist state and local school authorities in making known to teachers and principals the philosophy, use, and best instructional methods and techniques. Vendors shall provide professional learning activities to enable teachers to use approved instructional resources effectively and efficiently.

10.2. Failure of a vendor to comply with this policy’s requirements, the West Virginia Governmental Ethics Act (W. Va. Code §6B-1 et seq.), and all state and county purchasing requirements, may result in disqualification from the current adoption year and subsequent removal of any/all products from the West Virginia List of Registered Vendors of Instructional Resources.

W. Va. Code R. § 126-35-11 Parental Right to Inspect Instructional Resources

11.1. Each classroom teacher shall comply with the request of any parent, custodian, or guardian to inspect instructional resources adopted by the county board, supplementary instructional resources, and books in the classroom that were not adopted by the county board that are available for students to read, subject to the following:

11.1.a. only the parent, custodian, or guardian of a child enrolled in the class may make a request;

11.1.b. the classroom teacher may require that the parent, custodian, or guardian schedule an appointment in order to inspect the instructional resources. The classroom teacher shall schedule the appointment within 10 business days of the request of the parent, custodian, or guardian; and

11.1.c. as part of the inspection and upon request of the parent, custodian, or guardian, the classroom teacher shall demonstrate how the instructional material relates to the content standards adopted by the WVBE.

11.2. For any class in which reading a book or books will be required, the classroom teacher shall include a list of books. The classroom teacher shall make the list available to any parent, custodian, or guardian of a child enrolled in the class upon request.

11.2.a. Any parent, custodian, or guardian may file a complaint with the county superintendent, on a form developed and provided by the county superintendent, if the classroom teacher fails to comply with any provision of this section. If the complaint is not resolved by the county superintendent within seven business days, the parent, custodian, or guardian may file a complaint with the State Superintendent or designee. The State Superintendent shall make a form available for parents to file a complaint pursuant to this section.

11.2.b. By September 1 of each year, each county superintendent shall report to the State Superintendent the number of complaints filed the previous school year. The State Superintendent, annually by October 1, shall report to the West Virginia Legislative Oversight Commission on Education Accountability the number of complaints filed during the previous school year. The report shall include the number of complaints filed statewide and by county. The State Superintendent shall make a form available for the county superintendent to submit the information pursuant to this section.

W. Va. Code R. § 126-35-12 Severability

12.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 038 Public School Support for the Mountaineer Challenge Academy (Policy 2446)

W. Va. Code R. § 126-38-1 General

1.1. Scope. -- This rule establishes the regulations for public school support of the operation of the National Guard Youth ChalleNGe Program operated by the Adjutant General and known as the Mountaineer ChalleNGe Academy. The Mountaineer ChalleNGe Academy is designated as a special alternative education program pursuant to W. Va. Code §15-1B-24 and §18-2-6 for students who are at risk of not succeeding in the traditional school structure.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §§18-1-1 and 4; 18-2-6; and 15‑1B-24.

1.3. Filing Date. -- October 13, 2016.

1.4. Effective Date. -- November 14, 2016.

1.5. Repeal of Former Rule. -- None. This is a new rule.

W. Va. Code R. § 126-38-2 Enrollment Status of Students

2.1. The West Virginia Board of Education (hereinafter WVBE) shall work with county boards of education to provide the names and addresses of all high school dropouts in the state to the director of the Mountaineer ChalleNGe Academy (hereinafter MCA) annually upon request.

2.2. A student participating in the MCA special alternative education program shall remain at full enrollment status in the referring county board of education for the purposes of state aid funding and calculating attendance and graduation rates.

2.3. The MCA shall confidentially maintain the education records of all participating students and comply with all applicable provisions of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).

W. Va. Code R. § 126-38-3 Tuition

3.1. The county board of education shall make payment of tuition to the MCA for each student who graduates from the MCA with a high school diploma and who resides in the county board of education’s district. Tuition means an amount equal to seventy-five percent of the statewide average net state aid allotted per pupil based on net enrollment adjusted for state aid purposes. The county board of education shall pay tuition to the MCA only for those students earning a high school diploma while at the MCA and for whom the county receives state aid funding during the school year the student attends MCA (based on the enrollment status as of the preceding year second month enrollment) or for whom the county will receive state aid funding in the subsequent school year (based on the enrollment status as of the second month enrollment in the year of attendance at MCA).

W. Va. Code R. § 126-38-4 Option Pathway and High School Diploma

4.1. The MCA is approved by the West Virginia Department of Education (hereinafter WVDE) to implement the Option Pathway (see W. Va. 126CSR32, WVBE Policy 2444.4, Issuance of the State of West Virginia High School Equivalency Diploma, hereinafter Policy 2444.4).

4.2. The MCA student must successfully complete the requirements found in Policy 2444.4, section 8, to be counted as a graduate of his or her home high school for the purposes of calculating the graduation rate. Policy 2444.4, section 8, states:

4.2.a. Examinees, at least sixteen (16), seventeen (17) or eighteen (18) years of age, who are participating in the MCA may take the WVDE approved high school equivalency assessment without withdrawing from a West Virginia high school.

4.2.b. The sixteen (16), seventeen (17) or eighteen (18) years of age student currently enrolled in a West Virginia high school participating in the Option Pathway shall be awarded a high school diploma from their high school of origin by MCA and be counted as a graduate if the student meets the following requirements:

4.2.b.1. Attends preparation classes for high school equivalency assessment;

4.2.b.2. Passes the WVDE approved high school equivalency assessment;

4.2.b.3. Completes the 22 week MCA program;

4.2.b.4. Successfully completes the competencies in the four National Guard Youth Challenge Program Courses; and

4.2.b.5. Meets the scores of a career readiness assessment as determined by the WVDE.

4.3. The MCA student who does not complete the Option Pathway while a resident of the program, may return to the high school of origin during or after the MCA post residential phase which lasts one year from MCA graduation date to complete the deficient areas of study.

4.4. A MCA student who does not pass the high school equivalency assessment during enrollment may retest during or after the MCA post-residential phase and may use the MCA’s photo identification during the MCA post-residential phase if documentation reflecting the student’s graduation date from the MCA is presented to the Examiner.

W. Va. Code R. § 126-38-5 Participation in Adult Education Program

5.1. A MCA student, age 17 or over, who does not successfully complete the MCA Option Pathway and does not return to a public high school may participate in the adult education program for the purpose of earning a high school equivalency diploma.

W. Va. Code R. § 126-38-6 Participation in Child Nutrition Program

6.1. For the purposes of participation in the National School Lunch Program, the MCA is identified as a residential child care institution and eligible to receive reimbursement for breakfast, lunch and afterschool snack.

W. Va. Code R. § 126-38-7 Severability

7.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 040 Rules For Granting Exemptions To The Legal Requirements For The Adoption And Utilization Of Textbooks/Programs

W. Va. Code R. § 126-40-1 General

1.1. Scope. -- This legislative rule identified the exceptions to the rule that county boards of education shall adopt and schools use only those basal textbooks on the current official state multiple list.

1.2. Authority. -- W. Va. Code '18-2A-8.

1.3. Filing Date. -- July 10, 1985.

1.4. Effective Date. -- September 10, 1985.

W. Va. Code R. § 126-40-2 Preface

Chapter 18, Article 2A, Section 8 of the State Code provides that all textbooks used for basal instruction in required areas of study in the public schools in West Virginia must be approved by the State Board of Education and listed on the state multiple list. The Code further permits the West Virginia Board of Education to make such rules and regulations necessary for carrying out the provisions of Article 2A. County boards of education shall adopt (and schools shall use) only those basal textbooks on the current official state multiple list unless "exempted" by an official action of the West Virginia Board of Education under the provisions of this policy.

W. Va. Code R. § 126-40-3 Rules

3.1. An "exemption" will be granted when based on any expressed provision of Article 2A.

3.2. A request for exemption must fall in one of four categories:

a. The additional adoption of textbooks from the state multiple list not provided in the original county adoption;

b. The guaranteed use of textbooks for a period commensurate to the appropriate adoption grouping for textbooks adopted/purchased for use in grades 7-12 (middle childhood and adolescent education) prior to the approval of a state multiple list;

c. The continued use of textbooks from the most recently expired state multiple list with documentation assuring availability to each student enrolled in the class for the duration of the adoption period; and/or, d. Requests not in the three (3) preceding categories will be reviewed on a case-by-case basis and shall be presented to the State Board for its determination.

3.3. Any student, instructed by an Individual Educational Program (IEP), under the rules and regulations for exceptional students, shall be excluded from any request provided herein.

3.4. Any request for an "exemption" must address the limitations imposed (if any) for the respective textbook adoption grouping and may exceed a period of six (6) years or be reduced to coincide with the adoption period of the respective subject area.

3.5. Comprehensive documentation must accompany each request approved by the county board of education as to meeting the specific needs of the learner(s), compatibility of different copyrighted editions in classroom instruction, and purchasing replacements to assure the availability of textbooks for the duration of the request.

3.6. A request for an "exemption" may be submitted to the State Superintendent of Schools only after it has been:

a. reviewed by the county textbook committee which was appropriate for the subject;

b. recommendation by the county superintendent of schools; and c. approved by the county board of education.

3.7. A county board of education shall not claim an "exemption" until it has the formal, written approval of the State Superintendent of Schools.

3.8. Upon approval, the "exemption" will become an official record for purposes of the county textbook adoption report, school utilization report, and county accreditation.

W. Va. Code R. § 126-40-4 Implementation

4.1. The department may develop the procedures to implement these rules.

4.2. A summary date analysis relative to the exemptions granted will be reviewed annually by the State Board of Education to determine if the need exists for revision and/or modification within the textbook laws or these rules.

126CSR40

Series 041 Safe and Acceptable Use of the Internet by Students and Educators (Policy 2460)

W. Va. Code R. § 126-41-1 General

1.1. Scope. -- This legislative rule establishes the educational purpose and acceptable use of electronic resources, technologies and the Internet. This policy applies to all West Virginia school districts. Districts include county boards of education, the West Virginia School for the Deaf and Blind, the Office of Diversion and Transition Programs, and any other schools under the supervision of the West Virginia Board of Education (WVBE) and West Virginia Department of Education (WVDE). The guidelines set forth in this policy apply to any individual using a state, district, or school provided electronic device or network, regardless of whether the individual is on or off of state, district, or school property and regardless of whether the activity takes place during the individual’s normal work hours.

1.2. Authority. -- W. Va. Constitution, Article XII, Section 2 and W. Va. Code §18-2-5.

1.3. Filing Date. -- January 11, 2018.

1.4. Effective Date. -- July 1, 2018.

1.5. Repeal of Former Rule. -- This legislative amends W. Va. §126CSR41, Educational Purpose and Acceptable Use of Electronic Resources, Technologies and the Internet (Policy 2460), filed March 16, 2012, and effective April 16, 2012.

W. Va. Code R. § 126-41-2 Purpose

2.1. Policy 2460 sets forth regulations that apply to districts, schools, students, educators, other school personnel, parents, guardians, WVDE and other users having direct contact with students.

2.2. These regulations will assist implementation of policies at the state, district, and school levels to meet local, state and federal statutes and regulations pertaining to safe and acceptable use of the Internet, various digital resources and technologies, compliance with E-rate guidelines, and reinforcement of copyright compliance.

W. Va. Code R. § 126-41-3 Educational Purposes

3.1. An effective public education system develops students who are globally aware, engaged with their communities, and capable of managing their lives and careers to succeed in a digital world.

3.2. Students of all ages and educators as lifelong learners require the necessary skills and access to technology tools to take responsibility for their own learning, to be actively involved in critical thinking and problem solving, to collaborate, cooperate, and to be productive citizens. West Virginia students must become proficient in college- and career-readiness standards to succeed and prosper in life, in school, and on the job.

3.3. Technology must be interwoven with educational improvements and personalized learning to accomplish educational goals, increase student achievement and educator efficacy, and provide increased opportunities for lifelong learning.

3.4. To promote student learning, teachers must be equipped to fully integrate technology to transform instructional practice and to support student acquisition of technology skills necessary to succeed, to continue learning throughout their lifetimes, and to attain self‑sufficiency.

3.5. The state, districts, and schools will use electronic resources as a powerful and compelling means for students to learn core and elective subjects and applied skills in relevant and rigorous ways to advance learning as referenced in W. Va. Code §18-2e-7, W. Va. 126CSR44N, WVBE Policy 2520.14, West Virginia College- and Career-Readiness Standards for Technology and Computer Science (Policy 2520.14), W. Va. 126CSR42, WVBE Policy 2510, Assuring the Quality of Education: Regulations for Education Programs, and W. Va. 126CSR44A et seq., WVBE Policy 2520 series.

3.6. Learning powered by technology should enable students to achieve at higher academic levels, master digital content and technologies, access and manage information, communicate effectively, think critically, solve problems, work productively as individuals and collaboratively as part of a team, acquire new knowledge, access online assessment systems, and demonstrate personal accountability, productivity, and other self-directional skills.

3.7. The use of instructional technology should provide greater student access to advanced and additional curricular offerings including quality virtual courses and online educational tools and resources.

3.8. Teachers should integrate high quality digital content and assessment resources with curriculum to personalize learning.

3.9. Technology will enable educators to participate in online professional development, access digital resources and platforms, utilize educational data, and deliver instruction through blended learning and other virtual options. The acceptable use of digital resources and devices is necessary to support a personalized learning landscape and other district and state educational policies.

3.10. The promotion of acceptable use in instruction and educational activities is intended to both provide a safe digital environment, and meet Federal Communications Commission (FCC) guidelines and E-rate audits.

3.11. Districts should adopt local policies which outline consequences for violation of safety and acceptable use in alignment with federal and state laws, state and district policies, specifically W. Va. 126CSR99, WVBE Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373).

W. Va. Code R. § 126-41-4 Digital Citizenship

4.1. The appropriate use of technology and digital resources promotes positive and effective digital citizenship among students and staff. Digital citizenship represents more than technology literacy. Successful, technologically fluent digital citizens live safely and civilly in an increasingly digital world and use technology responsibly. They recognize that information posted on the Internet is public and permanent and can have a long-term impact on an individual’s life and career.

4.2. All users need to be part of this digital citizenry to appropriately and safely learn, work, play, and live in today’s global society.

4.3. The International Society for Technology in Education (ISTE) includes standards and provides guidance related to digital citizenship for students, teachers, administrators, instructional coaches and computer science educators.

4.4. Digital/Network Code of Conduct:

4.4.a. Users are expected to abide by the generally accepted rules of digital/network etiquette. These include, but are not limited to, the following:

4.4.a.1. Be polite. Do not write or send abusive messages to others.

4.4.a.2. Use proper English and appropriate language; avoid “Netspeak.” Do not swear; do not use vulgarities or other inappropriate language.

4.4.a.3. Use extreme caution when revealing personal information, including a home address and phone number, on web sites, videos, social media, other digital communication platforms, e-mail, or as content on any other electronic medium.

4.4.a.4. Do not reveal, on any electronic medium, personal information about another individual.

4.4.a.5. Do not use the Internet in a way that would disrupt the use of the Internet by others.

4.4.a.6. Electronic educational material containing confidential student information shall be stored only in secure locations consistent with federal, state, and local privacy regulations. Electronic educational material containing no confidential student information, including but not limited to, lesson plans, worksheets, primary source documents, and other materials used for instruction, may be stored in appropriate locations but should follow state/district guidelines.

4.4.a.7. Educators electing to use third party classroom based applications should carefully review the terms of service and privacy policies prior to use for those applications to ensure consistency with best practice. For use of applications with students younger than 13 years of age, recommended best practice is to obtain parental consent prior to use and/or entering any student data. All use of third party applications must be consistent with local policy/guidelines, Family Educational Rights and Privacy Act (20 U.S.C. §1232g; 34 CFR Part 99) FERPA), W. Va. Code §18-2-5h, and W. Va. 126SR94, WVBE Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data (Policy 4350).

4.4.a.8. Activate the appropriate automatic reply message if account is to be unused for an extended period of time.

4.4.a.9. Appropriate permission shall be obtained prior to publishing student pictures or names on class, school, or district web sites or other publications, provided that such information is not designated as directory information under district policy. All releases of information designated as directory information under district policy must comply with parental opt-out provisions as described in the FERPA and WVBE Policy 4350.

4.4.a.10. Notify the appropriate school authority of any dangerous or inappropriate information or messages encountered.

4.5. Digital Security:

4.5.a. Users who identify a security problem on the system must notify a system administrator. Users who are aware of or suspect that confidential information may have been exposed to unauthorized parties must notify district and/or state officials responsible for implementing privacy incident response protocol consistent with federal and state regulations including, but not limited to, Policy 4350 and the Student Data Accessibility, Transparency, and Accountability Act, W. Va. Code §18‑2-5h.

4.5.b. Users must not demonstrate security problems to users other than school, district and/or state officials responsible for implementing the privacy incident response protocol.

4.5.c. Users must not use another individual's account or give their passwords to others. Unauthorized attempts to log into the system as a system administrator may result in revocation of user privileges based on state, district, or school policies.

4.5.d. Any user identified as a security risk may be denied access by the appropriate disciplinary authority.

4.5.e. The WVDE is the proprietor of a class B license of Internet Protocol (IP) addresses. These addresses include 168.216.000.001 through 168.216.255.255. All addresses are assigned, maintained and managed by the WVDE. Any unauthorized use is strictly prohibited.

W. Va. Code R. § 126-41-5 Accountability and Responsibility

5.1. The acceptable and appropriate use of telecommunications and/or access to the Internet and digital resources is an extension of the educator's responsibility in his/her classroom. Educators occupy a position of trust and stand in the place of a parent or guardian while a student is in school, W. Va. Code §18A-5-1(a). Therefore, it is the educator's responsibility to ensure classroom activities focus on appropriate and specific learning goals and objectives for personalized learning when using Internet‑related technologies. Student use of Internet-related or web-based applications must be authorized by the educator and parent or guardian through a district determined procedure. It is also the educator’s responsibility to refrain from using electronic technologies in a manner that risks placing him/her in a position to abuse that trust. Even though “educators” are the ones who come in daily classroom contact with students, acceptable/appropriate uses of online resources, technologies and the Internet is a responsibility of all educational staff and employees.

5.2. The following statements delineate the responsibilities of the WVBE, WVDE, districts, individual schools, educators and other educational/service personnel for the appropriate and authorized use of technologies, digital resources and the Internet.

5.3. WVBE responsibilities, based on authority of W. Va. Code, will include approving policies advocating the following activities:

5.3.a. Students will be provided equitable access to technology.

5.3.b. Students will graduate from the public schools with proficiency in the skills and standards delineated in instructional policies.

5.3.c. Policy 2520.14 content standards will be included as part of the instructional goals of all programs of study and at all grade levels, K-12.

5.3.d. The WVBE will collaborate with the higher education community to communicate complementary technology utilization initiatives and partnerships and readiness of student teachers in understanding the professional role of the educator and the position of trust.

5.3.e. Administrators and teachers will be provided professional development in the use and application of electronic resources, technologies and the Internet.

5.4. WVDE responsibilities will include carrying out the policies of the WVBE, and include the following tasks/duties:

5.4.a. The WVDE provides the network system, e-mail accounts, and Internet access as tools for education and administration in support of the WVBE’s mission and goals. The WVDE will review and process appropriate applications for domain names for local servers.

5.4.b. The WVDE reserves the right to monitor, inspect, investigate, copy, review, and store, without prior notice, information about the content and usage of any network and system files, user files, disk space utilization, applications, bandwidth utilization, document files, folders, electronic communications, e-mail, Internet access, and any and all information transmitted or received in connection with networks, e-mail use, and web-based tools.

5.4.c. The WVDE and approved service providers will support local, state, and federal investigations as required by law. The WVDE reserves the right to disclose any electronic message, files, media, etc., to law enforcement officials or third parties as appropriate.

5.4.d. The State Superintendent of Schools, WVDE staff, and district staff system administrators, using this document as a guide, are the final arbiters of acceptable and safe use of electronic resources, technologies, and the Internet.

5.4.e. The WVDE reserves the right to enter an employee's information system files whenever there is a business need to do so.

5.4.f. Electronic filtering will be installed by the WVDE at the two points of presence (POPs) for Internet access. This will provide filtering for all public schools in a cost effective manner and with efficient management. Providing this service at the state level enables districts/schools to meet Children's Internet Protection Act (CIPA) and E-rate guideline requirements for filtering.

5.4.g. The WVDE will provide guidance and support for appropriate instruction by which districts/schools certify compliance with current Federal Communications Commission (FCC) regulations regarding Internet safety policies. Districts must provide for educating students about appropriate online behavior, including digital citizenship, interacting with other individuals on social networking websites and other digital communication platforms rooms, and cyber bullying awareness and response. Further, the WVDE will provide support for certifying that students have been educated about appropriate online behavior as well as support federal reporting when districts provide evidence they have met the annual E-rate compliance requirements of educating students regarding appropriate use. The districts and schools are encouraged to go beyond this basic compliance.

5.4.h. The WVDE will not be responsible for unauthorized financial obligations resulting from the use of, or access to, the state’s computer network or the Internet.

5.4.i. The WVDE makes no warranties of any kind, whether expressed or implied, for the service being provided. The WVDE will not be responsible for any damages, including loss of data or service interruptions. The use of any information obtained via the system is at the user's own risk.

5.4.j. The WVDE will provide appropriate telecommunications assistance, West Virginia Education Information System (WVEIS) support and other services addressed in state policies and statutes.

5.5. District responsibilities:

5.5.a. All districts shall have a district technology team and an annual comprehensive strategic technology plan. In addition to the district technology director/contact, it is recommended the technology team include representatives from areas of instruction, finance, facilities, personnel and others as designated by the district.

5.5.b. Electronic storage of educational material should comply with local guidelines and section 4.4.a.6 of this procedure.

5.5.c. Districts shall, whenever possible, make available facilities and technology to accommodate distance learning and access to virtual courses provided through the West Virginia Virtual School (WVVS) or approved course providers.

5.5.d. Districts may provide students (including those enrolled in adult basic education), teachers, parents, and citizens access to technology in the public schools during non-school hours and in accordance with E-rate guidelines and network security best practices.

5.5.e. Districts shall provide professional development in the use of technology and its application in the teaching and learning process.

5.5.f. Districts shall implement appropriate policies to help ensure the safety of the students and acceptable use of electronic resources, technologies and the Internet. Districts are encouraged to define a student code of conduct or set of responsibilities to include in acceptable use policies. The WVDE strongly recommends student and teacher Acceptable Use Policies be reviewed and accepted annually by users and/or guardians.

5.5.g. Districts shall provide adequate technology personnel to implement appropriate policies and manage district/school networks to help ensure the safety of students and acceptable use of electronic resources, technologies and the Internet.

5.5.h. In accordance with W. Va. Code, school aid formula and local funding opportunities, districts shall provide support for schools to employ Technology Integration Specialists (TIS) and Technology Systems Specialist (TSS). The role of the TIS is to implement and aid educators with technology integration and fluency. The role of the TSS is to manage/repair school local area networks and connected devices. Employment of adequate technology personnel at each school is important to ensure the safety of students and acceptable use of electronic resources, technologies, and the Internet; to implement school policies through technology integration/fluency; and to manage/repair school local area networks, software and hardware.

5.5.i. The use and administration of a network server for Internet connection within a district or school is the responsibility of the designated/approved educator(s) and administrator(s) at the location of the server. It is their responsibility to ensure that all activities and/or functions of the server involve appropriate school activities. All administrative functions and/or file maintenance, including but not limited to service patches, updates, and malware detection software, to the server are the responsibility of the designated/approved educator/administrator serving that location.

5.5.j. All remote access to servers located at a district or school building and connected to a wide area network and/or the Internet is the responsibility of the administrator(s) and/or educator(s) identified as responsible for the servers. Remote access of any kind is to be used only when specific educational goals have been identified and is not to be in direct competition with local Internet service providers. Additionally, remote access to servers must be in accordance with federal, state and local guidelines for appropriate Internet access.

5.5.k. Server administrators or technical contacts requesting domain names for local servers must apply to the WVDE through an application process. Those receiving a domain name must follow all guidelines detailed as part of the application process, including the adoption of a current safety and acceptable use policy.

5.5.l. The WVDE and approved service provider(s) can support only the e-mail accounts administered by the WVDE and approved provider(s). E-mail accounts not provided or approved by the WVDE should not be used for school/educational purposes. All liability for e-mail accounts not provided or approved by the WVDE lies with the administrator(s) and/or educator(s) responsible for student utilization of alternative accounts or the administrator(s) and/or educator(s) identified as responsible for the server being used.

5.5.m. Districts, schools, educators, and staff may publish student pictures, video images or names on class, school or district web sites and social media only when such elements are designated by district policy as directory information in accordance with FERPA and Policy 4350. Parental consent/permission should be obtained (e.g., through photo release forms). Schools and districts should develop local policies regarding online publishing of student information that applies to staff, students, and volunteers.

5.5.n. Districts and schools subject to CIPA may not receive E-rate discounts without certifying they have an Internet safety policy that includes technology protection measures. The WVDE provides protective measures for filtering of Internet access to content that is: (a) obscene; (b) child pornography; or (c) harmful to minors. Districts may choose to provide additional levels of protection.

5.5.o. Before adopting an Internet safety policy, districts and schools must provide reasonable notice and hold at least one public hearing or meeting to address the acceptable use policy.

5.5.p. Districts and schools are subject to CIPA and are required to adopt and implement an Internet safety policy pursuant to federal law (47 U.S.C. 254).

5.5.q. District Internet safety policies must include the monitoring and filtering of the online activities of all users. Internet safety policies must provide for educating all users about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyber bullying awareness and response. Pursuant to section 5.4.g. WVDE will provide guidance for such activities.

5.5.r. District/school equipment is subject to existing rules and policies whether onsite or offsite.

5.5.s. Students and staff are expected to use state, district, and school-owned technology in a responsible, efficient, ethical, and legal manner in accordance with the educational mission of the state, district, and school. The use of such technologies may be restricted or revoked for inappropriate behavior or use.

5.5.t. Students and staff are encouraged to use district and school equipment whenever possible. Districts may permit the use of personal devices (e.g. cell phones, smart phones, tablets, digital cameras, MP3 players, and laptops) pursuant to local policies and guidelines. Unauthorized or unacceptable use of personal technology devices may result in suspension or revocation of personal device privileges. These uses include, but are not limited to, the following:

5.5.t.1. Using personal devices to gain or give an advantage in a testing situation.

5.5.t.2. Using unapproved personal devices during class.

5.5.t.3. Downloading and installing district licensed software on personal devices unless specifically allowed by the licensing agreement.

5.5.t.4. Using personal devices to bypass filtering, circumvent network security, or in violation of the acceptable use standards which normally apply to district-owned technology.

5.5.t.5. Using personal devices for violations related to cyber bullying and harassment.

5.5.u. Districts/schools should provide professional development for staff and classroom instruction for students regarding the compliance of copyright laws. (See §126-41-9 of this procedure.)

5.6. School responsibilities:

5.6.a. To the extent practicable and as funds and other resources are available, schools should foster the use of school facilities for the purpose of accessing technology, by students, teachers, parents and citizens during non-school hours and in accordance with E-rate guidelines and network security best practices.

5.6.b. Every school shall have a school technology team and a comprehensive technology plan. Schools may choose to have the Local School Improvement Council (LSIC), the faculty senate, or the curriculum team serve as the technology team.

5.6.c. Schools must follow the guidelines of CIPA and the Children’s Online Privacy Protection (COPPA) federal statutes.

5.6.d. Schools shall provide the necessary professional development to enable teachers to incorporate technology into the classroom.

5.6.e. It is the responsibility of the student, parent, teacher, and administrator to follow acceptable use policies, as well as state and federal laws, so that access to telecommunication networks, computers and the Internet provided by the school, district, and state educational systems is not abused.

5.6.f. Schools must enforce the use of filtering or electronic technical protection measures during any use of the computers/devices to access the Internet. Encryption is required of all wireless access points.

5.7. Educator, service personnel and staff responsibilities:

5.7.a. All educators, service personnel, and staff are expected to maintain appropriate boundaries between personal social networking and professional/educational networking to protect the safety of students and professional integrity. For the protection of students and employees, it is recommended that any adult communication with students occur either via one-way communication applications or district sponsored applications, or that communication occur directly with parents. District policies may specifically designate the methods of electronic communication that are acceptable for use by educators, service personnel and staff to use when communication with students is necessary.

5.7.b. In order to assist in maintaining professional relationships with students and to avoid situations that could lead to inappropriate relationships between adults and students, the following regulations apply to all adults who have contact with students due to their work on behalf of an education agency. Failure to adhere to these regulations may result in disciplinary action and/or loss of licensure:

5.7.b.1. Adults will maintain professional, ethical relationships with all students, both inside and outside the classroom and while using any form of social media and other electronic communication. Unethical conduct includes but is not limited to committing any act of harassment as defined by WVBE and/or district policy; committing or soliciting any sexual act from any minor or any student regardless of age; soliciting, encouraging, or consummating a romantic or inappropriate relationship with a student, regardless of the age of the student; using inappropriate language including, but not limited to, swearing and improper sexual comments; taking inappropriate pictures (digital, photographic or video) of students or exchanging any inappropriate pictures with students; or engaging in any other behaviour that constitutes a violation of district or county policy or that is detrimental to the health and welfare of students.

5.7.b.2. The viewing, storing, transmitting, or downloading of pornography or sexually suggestive or sexually explicit material or text on a work provided computer or other work provided electronic storage or communication device or service, whether at home or at work, by school personnel or anyone else to whom the school personnel has made the computer or other electronic storage or communication device available, is prohibited. This same prohibition applies to a personal computer or other electronic storage or communication device while at school or a school activity.

5.7.b.3. All information stored within work computers or servers is the property of the state, district or school, and the personnel using such computers/servers/networks have no expectation of privacy with respect to its contents.

5.7.c. Educators will promote and model acceptable use, digital citizenship and online responsibility to support personalized learning and digital-age assessments to meet applicable educational learning policies, for all students.

5.7.d. Teachers, specialists, and other supervising adults will teach and discuss the appropriate use of electronic resources, technologies and the Internet with their students, monitor their use, and intervene if the uses are not acceptable.

5.7.e. School personnel who receive information via any electronic resource, including a social networking site, that falls under the mandatory reporting requirements of W. Va. Code §49-2-803, must report as law requires.

5.7.f. Staff members shall not use materials in violation of copyright law or contrary to terms of use provided by the owner of the materials. WVDE assumes no liability for local violations of copyright law.

5.7.g. School personnel are responsible for protecting their passwords associated with their computers and e-mail address and must not make them accessible to others.

W. Va. Code R. § 126-41-6 Use of Electronic Resources, Technology and the Internet

6.1. Overview of Use:

6.1.a. Unauthorized, unacceptable, or unsafe use of the Internet as part of an educational program by students, educators or staff may result in suspension or revocation of use access privileges.

6.1.b. Each student accessing the Internet will be provided acceptable use training and shall have an acceptable use form, signed by a parent or legal guardian, on file at the district/school.

6.1.c. The WVDE provides the network system, e-mail accounts, and Internet access as tools for education and administration in support of the WVBE’s mission. Users have no expectation of privacy. The WVDE reserves the right to monitor, inspect, investigate, copy, review and store, without prior notice, information about the content and usage of any and all information transmitted or received in connection with networks, e-mail use, and web-based tools.

6.1.d. No student or staff user should have any expectation of privacy when using the district's network or equipment. The WVDE reserves the right to disclose any electronic message, files, media, and other information to law enforcement officials or third parties as appropriate.

6.1.e. No temporary accounts will be issued, nor will student or staff use an Internet account not specifically created for him or her. Based upon the acceptable use and safety guidelines outlined in this document, the WVDE, State Superintendent of Schools, and WVDE system administrators will determine what is appropriate use, and their decision is final.

6.1.f. Violation of use policies could result in loss of access, personal payment of fees incurred, employment discipline, licensure revocation and/or prosecution. Other consequences for students may be found in Policy 4373.

6.1.g. Administrative information systems, including WVEIS, are to be used exclusively for educational purposes. Ownership of student, personnel, and financial records remains with the agency with primary responsibility for maintenance of the information. WVDE reserves the right to access data maintained in or transmitted over state supported information systems and disclose it as appropriate for legitimate purposes. All staff must maintain the confidentiality of student data in accordance with FERPA and Policy 4350.

6.1.h. Employees may not attempt to gain access to another employee's files in the WVDE's information systems. The WVDE reserves the right to enter an employee's information system files whenever there is a legitimate need to do so.

6.1.i. These guidelines may be superseded by FERPA and other appropriate federal and state laws to the extent that such laws are more restrictive.

6.2. Acceptable Use:

6.2.a. The use of the electronic resources, technologies, and the Internet must be in support of education and consistent with the educational goals, objectives and priorities of the WVBE. Use of other networks or computing resources must comply with the rules appropriate for that network and for copyright compliance. Users must also comply with the rules and regulations of the network provider(s) serving West Virginia districts and schools.

6.2.b. The use of telecommunications and/or access to the Internet is an extension of the students' responsibility in the classroom and must follow all federal and state laws as well as state and local policies.

6.2.c. State, district, and school-owned technology is to be used to enhance learning and teaching as well as improve the operation of the district and school.

6.2.d. Safety measures must be enforced to carry out policies at the state, district, and school, to implement the intent of CIPA, COPPA, E-rate guidelines, FERPA, and any other applicable state and federal statute and policy, including but not limited to Policy 4373 and W. Va. Code §18‑2C‑3.

6.2.e. Acceptable network use by students and staff includes, but may not be limited to the following:

6.2.e.1. Creation of files, projects, and various media products using network resources in support of student personalized learning and educational administration.

6.2.e.2. Appropriate participation in school-sponsored sites and online groups.

6.2.e.3. The online publication of educational material for instructional purposes and, with parental permission, student work. As required by copyright law, external sources must be cited.

6.2.e.4. Incidental personal use by staff not contrary to district/school policies and guidelines.

6.3. Unacceptable Use:

6.3.a. Inappropriate use or transmission of any material in violation of any federal or state law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening, abusive, or obscene material, or material protected by trade secrets.

6.3.b. Use for commercial activities by for-profit institutions is not acceptable.

6.3.c. Use for product advertisement or political lobbying is also prohibited.

6.3.d. Illegal activities and privacy and safety violations of COPPA, CIPA, and FERPA are strictly prohibited.

6.3.e. Specific examples of unacceptable and/or unauthorized use include, but are not limited to:

6.3.e.1. Viewing, creating, accessing, uploading, downloading, storing, sending, or distributing obscene, pornographic, or sexually explicit material.

6.3.e.2. Downloading, uploading and/or executing viruses, worms, Trojan horses, time bombs, bots, malware, spyware, SPAM, and changes to tools used to filter content or monitor hardware and software.

6.3.e.3. Using e-mail and other electronic user identifications (IDs)/passwords other than one's own or for unauthorized purposes. Students and staff are responsible for all activity on their account and must not share their account IDs and passwords.

6.3.e.4. Illegally accessing or attempting to access another person's data or personal system files or unauthorized access to other state/district/school computers, networks and information systems.

6.3.e.5. Supplying your password to others.

6.3.e.6. Storing passwords in a file without encryption.

6.3.e.7. Using the “remember password” feature of Internet browsers and e-mail clients.

6.3.e.8. Leaving the computer without locking the screen or logging off.

6.3.e.9. Corrupting, destroying, deleting, or manipulating system data with malicious intent.

6.3.e.10. Requesting that inappropriate material be transferred.

6.3.e.11. Violating safety and/or security measures when using any form of electronic communications.

6.3.e.12. Hacking, cracking, vandalizing, or any other unlawful online activities.

6.3.e.13. Disclosing, using, or disseminating personal information regarding students.

6.3.e.14. Cyber bullying, sending hate mail, defamation, harassment of any kind, discriminatory jokes and remarks and other unauthorized uses as referenced in, including but not limited to, Policy 4373 and other applicable federal and state statutes.

6.3.e.15. Personal gain, commercial solicitation, and compensation of any kind.

6.3.e.16. Any activity which may result in liability or cost incurred by the district.

6.3.e.17. Unauthorized downloading, copying, installing and/or executing gaming, audio files, video files or other applications (including shareware or freeware).

6.3.e.18. Campaigning, lobbying, or other activity via state supported platforms in support or opposition for political activity or issues, including but not limited to, ballot measures, candidates, or legislative proposals.

6.3.e.19. Posting, sending, or storing information that could threaten or endanger others.

6.3.e.20. Engaging in plagiarism or reproducing/repurposing media without permission.

6.3.e.21. Attaching unauthorized equipment to the district or school networks or network connected devices. Any such equipment may be confiscated and/or turned over to law enforcement officers for potentially violating W. Va. Code §61-3C-5.

6.3.e.22. Attaching unauthorized equipment or making unauthorized changes to the state backbone network. Unauthorized equipment may be confiscated and/or turned over to law enforcement officers for potentially violating W. Va. Code §61-3C-5. Only WVDE network personnel may authorize changes affecting the state backbone network.

6.3.e.23. Vandalizing technology equipment or data including but not limited to, uploading, downloading, or creating computer viruses or malware. Vandalism may result in revocation of user privileges and/or prosecution.

6.3.e.24. Uses related to or in support of illegal activities.

6.3.e.25. Provision of administrative responsibilities for a server with a wide area network or Internet connection to a current PreK-12 student outside of a laboratory environment, as with career and technical education computer related courses.

W. Va. Code R. § 126-41-7 Network

7.1. The statewide network, the district wide area networks (WANs), and school local area networks (LANs) include wired and wireless computers, peripheral equipment, routers, switches, servers, files, storage devices, e-mail, Internet content, digital tools, and any other equipment which communicates via network connections.

7.2. The WVDE reserves the right to prioritize the use of and access to the statewide network. Districts may also prioritize local traffic within WANs and LANs consistent with WVDE guidelines.

7.3. All use of the network must support instructional and administrative purposes and be consistent with WVBE policies, WVDE guidelines, E-rate regulations, and federal and state statutes.

7.4. WVDE, approved service providers, and other state agencies operate the statewide infrastructure to provide Internet access for all schools under the supervision of the WVBE. In accordance with state purchasing guidelines, filtering will be installed at the state network level at the two points of presence (POPs) for Internet access. This will provide filtering for all public schools in a cost effective manner and with efficient management. Providing this service at the state level enables districts to meet CIPA and E‑rate guideline requirements for filtering.

7.5. The district and/or schools may also add additional electronic filters at the local network levels. Other objectionable material may be filtered. The determination of what constitutes “other objectionable” material is a local decision.

7.6. Schools must enforce the use of the filtering or electronic technical protection measures during any use of the network and computers/devices to access the Internet.

7.7. To avoid duplication of effort at the district/school levels, the WVDE will provide a method and instructional modules that allow districts/schools to certify compliance with the current FCC regulations regarding Internet safety policies.

W. Va. Code R. § 126-41-8 Filtering

8.1. Appropriate filtering must be maintained to meet E-rate guidelines. Because filtering software is not 100% effective, every user must take responsibility for his or her use of the network and Internet and avoid objectionable sites.

8.2. Any attempts to defeat or bypass the state’s Internet filter or conceal Internet activity are prohibited. This includes, but is not limited to, proxies, https, special ports, modifications to browser settings, and any other techniques designed to evade filtering or enable inappropriate content.

8.3. E-mail inconsistent with the educational missions of the state, district, or school will be considered SPAM and blocked from entering e-mail boxes.

8.4. Appropriate adult supervision of Internet use must be provided. The first line of defense in controlling access by students to inappropriate material on the Internet is deliberate and consistent monitoring of student access and use of equipment.

8.5. Staff must make a reasonable effort to become familiar with the Internet and to monitor, instruct, and assist effectively in filtering and acceptable use issues.

W. Va. Code R. § 126-41-9 Copyright

9.1. Copyright laws protect the rights of people who create intellectual property by providing the creator with exclusive rights to license, sell, or use the works. A creator owns the rights of reproduction, adaptation, distribution, public performance, public display, digital transmission, and moral rights. Violation of copyright laws may expose the user, district, or school to legal action and/or financial penalties.

9.2. Downloading, copying, duplicating, and distributing software, music, sound files, movies, images or other copyrighted materials without the specific written permission of the copyright owner is generally prohibited. Consult the Fair Use Doctrine of the United States Copyright Act, (17 U.S.C. §101‑810), for guidance about using such material in an educational context.

9.3. To discourage violation of copyright laws, the following compliance requirements are specified:

9.3.a. Employees and students are expected to adhere to the copyright laws.

9.3.b. Appropriate software licenses will be obtained for use in a network server system or other multi-access use.

9.3.c. Programs available through the statewide provisions of technology implementation must comply with stipulations of the various purchase agreements.

9.3.d. Unauthorized duplication of copyrighted material and/or use of such unauthorized material on state, district, or school equipment or networks is prohibited.

9.3.e. Students are to be taught the ethical and practical implications and consequences of plagiarism and software/media piracy.

9.3.f. Employees will be provided yearly reminders of their responsibility through a district chosen procedure to adhere to and enforce the copyright laws and will be provided in-service training if necessary.

9.3.g. Educators and students should perform due diligence by reviewing user agreements including, but not limited to, terms and conditions, terms of use, End User License Agreements (EULA), and copyright prior to utilizing content from resources and software licenses to ensure compliance with the terms of the user agreements.

9.4. Under federal law, employees violating copyright laws may be subject to fines, confiscation of material, and other prosecution. Violations may also result in the employee’s suspension and/or dismissal.

W. Va. Code R. § 126-41-10 Web Publishing

10.1. The WVDE recommends that each district and/or school adopt local policies that are consistent with, but not limited to, the following web publishing guidelines:

10.1.a. Appropriate permission must be obtained for student web pages published within the West Virginia public K-12 intranet and from a public K-12 site to the Internet.

10.1.b. Helping a community organization develop a web site could be a learning experience/project for students. However, housing a community web site on a school/district server will take K-12 bandwidth and may violate E-rate or other regulations.

10.2. Web site content should:

10.2.a. be appropriate, in good taste, and not harmful to any individual or group.

10.2.b. be grammatically correct, accurately spelled, and have a pleasing appearance.

10.2.c. follow FERPA, state, district, and school regulations when using student pictures and names. Parental permission should be obtained, and districts/schools must respect parental refusals. Internet guidelines stress the importance of not publishing personally identifiable information of students.

10.2.d. comply with WVBE policies and regulations.

10.2.e. include information such as an e-mail address of the responsible contact person, copyright, and the last date updated.

10.2.f. remain current, be accurate, and incorporate easy and user-friendly navigation through the site.

10.2.g. restrict business/commercial links or the acknowledgment of a business on a school/district web site to business partners and/or materials that are educational, provide technical support, or are germane to the educational mission of the school/district. Advertising commercial offerings is prohibited.

10.2.h. comply with copyright, intellectual property, state, and federal statutes(specifically COPPA and CIPA) and international law.

10.2.i. include the permission granted statement for all copyrighted materials.

10.2.j. complies with all W3C and ADA standards.

10.3. Consult the World Wide Web Consortium (W3C) for additional web publishing standards including accessibility guidelines.

W. Va. Code R. § 126-41-11 Implementation

11.1. Districts will ensure implementation of this policy by adopting their own district/school policies regarding acceptable use of electronic resources, technologies and the Internet.

11.2. The WVDE shall:

11.2.a. provide technical assistance to support districts, and schools in developing and implementing local use policies.

11.2.b. districts and schools with revisions of annual comprehensive technology plans associated with technology implementation and the West Virginia State Technology Plan.

W. Va. Code R. § 126-41-12 Severability

12.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 042 Assuring the Quality of Education: Regulations for Education Programs (Policy 2510)

W. Va. Code R. § 126-42-1 General

1.1. Scope. -- This legislative rule establishes the regulations for all educational programs by improving the quality of teaching and learning in the public schools and ensuring that equal educational opportunities include, but are not limited to: rigorous high quality content standards, engaging instructional strategies, experiential learning programs, support programs, personnel, instructional resources, supplies, equipment, technology integration, and facilities.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-1-1 and 4; 18-2-5 and 6; 18‑2‑7a; 18-2-39; 18-2E-4, 5, 7, 8, 9 and 10; 18-5A-4; and 18A-1-1.

1.3. Filing Date. -- May 8, 2024.

1.4. Effective Date. -- July 1, 2024.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), filed February 10, 2022, and effective July 1, 2022.

W. Va. Code R. § 126-42-2 Purpose

2.1. The West Virginia Board of Education (WVBE) is committed to establishing rigorous academic standards and providing high quality programs in West Virginia's public schools. The WVBE and West Virginia Department of Education (WVDE) collaborate with parents, educators, communities, business and industry, and higher education to fulfill this commitment. Counties, the schools, communities, students, and families of students shall cooperate to establish high expectations for student performance and become actively involved in the education process, thereby enabling students to succeed in the classroom and the workplace, lead healthy, rewarding, and productive lives, and participate responsibly in society.

2.2. The education program offered in West Virginia schools is defined in broad terms as all of the education activities that take place during the instructional day and the school year. The education program provides opportunities for students to achieve high levels of learning in programs of study through approved content standards that prepare students to be lifelong learners and successful citizens in a competitive global society. The education program is based upon information provided through research relevant to best practices and promising next practices in teaching and learning. The education program is structured and based on three programmatic levels: Early and Elementary Learning (Pre-K-Grade 5), Middle School (Grades 6-8), and High School (Grades 9-12). Each county shall establish policies and implement written procedures to define its education program in accordance with the definitions and requirements that follow.

2.3. Each county education program shall provide the necessary resources, including technology, to ensure that all students have the opportunity to attain high standards of performance. Beginning at the early levels, students will achieve proficiency in the basic skills of literacy, mathematics, science, social studies, the arts, learning skills, and the use of technology tools. Achievement of these skills will provide the foundation for later intellectual challenges in all programs of study. Students will explore their interests and abilities and engage in relevant activities to help them understand the world of work. Along with other instructional materials, technology will be a tool to help achieve these standards in all schools. The WVBE anticipates the provision of sufficient resources and support for educators, including in-person and/or online professional learning opportunities, appropriate instructional resources, and reliable assessment measures, to realize the goal of producing students who are college- and career-ready as defined by the WVBE.

2.4. West Virginia content standards-focused curricula pursuant to this policy are developed and approved at the local level, to ensure teaching methods and instructional design are utilized to assist students in achieving high levels of performance across all applicable adopted and approved content standards. Appropriate accountability measures guide educators to help students achieve high levels of performance.

W. Va. Code R. § 126-42-3 Scope

3.1. The major purposes of these regulations are to improve the quality of learning and teaching in public schools and to ensure access to equitable educational opportunities for all public school students. Given the demands of the global marketplace, it is essential that all students become lifelong learners prepared for successful entry into post-secondary education or the workplace.

3.2. A thorough and efficient education system provides equitable access to substantive curricular offerings and appropriate related services for all students. Providing such an education system must be the goal of the WVBE, West Virginia Legislature (Legislature), WVDE, counties, schools, and the citizens of West Virginia. This policy provides the basic structure for all education programs and student support services necessary for a thorough and efficient system of education for all students. The elements of a thorough and efficient system of education are:

3.2.a. high quality education programs, student services, career exploration, and experiential learning opportunities;

3.2.b. high quality administrative and instructional practices, personnel, facilities, instructional resources, technology integration, supplies, and equipment;

3.2.c. a safe and caring environment that fosters supportive relationships, is free from harassment, intimidation, bullying, discrimination, and other inappropriate forms of conduct, and involves parents and the community;

3.2.d. an appropriately demanding curriculum for all students, with emphasis on the programs of study that are aligned with rigorous standards, learning skills and technology tools, and are communicated to students, parents, and communities; and

3.2.e. accountability measures to ensure the public that a thorough and efficient system of education is being provided to students enrolled in the public schools of West Virginia.

W. Va. Code R. § 126-42-4 Early and Elementary Learning Programming (Pre-K-Grade 5)

4.1. Early and Elementary Learning Programs support students’ development of approaches to learning through the Science of Reading and integration of the Mathematical Habits of Mind to bolster literacy and numeracy proficiency. Counties are afforded flexibility in implementing methods to facilitate high quality programming that incorporate all content areas identified in Charts I-III. Systemic data-driven processes, such as sustained professional learning, evidence-based coaching models, and other continuous quality improvement efforts are utilized to promote high quality classroom instruction in the early and elementary grades. A comprehensive approach to early and elementary learning (Pre-K-Grade 5) focuses on knowledge and skill building as well as development of positive dispositions to learning. This approach provides the structure to improve child outcomes, close achievement gaps in literacy and numeracy, and support children’s abilities to meet their individual potentials. Based on developmentally appropriate practice, the following Early and Elementary Learning Programmatic levels are established: Early Learning Readiness (Pre-K-Kindergarten); Primary Elementary Learning (Grades 1-2); and Intermediate Elementary Learning (Grades 3-5).

4.1.a. Early Learning Readiness (Grades Pre-K-Kindergarten) help students establish positive dispositions to learning and provide foundations for development across all domains and contents areas to be successful in first grade and beyond. These programs include:

4.1.a.1. emphasizing social-emotional, cognitive, and motor development;

4.1.a.2. personalizing instruction based on the formative assessment process;

4.1.a.3. documenting student progress through the collection of authentic evidence;

4.1.a.4. utilizing the WVBE-approved school readiness framework per Policy 2525;

4.1.a.5. requiring the administration of the West Virginia Early Learning Reporting System (WVELRS) three times per year for students in Pre-K. The WVELRS is encouraged to be used with Kindergarten students but is optional;

4.1.a.6. measuring Kindergarten student proficiency in English language arts and mathematics through the administration of a state-approved and county adopted benchmark/screener. The screener shall be given to Kindergarten students at the beginning, middle, and end of the school year; and

4.1.a.7. personalized learning plans shall be utilized to help students who are demonstrating a deficiency in literacy and/or mathematics based upon benchmark/screener assessment results.

Chart I: Early Learning Readiness Pre-K and Kindergarten Early Learning Readiness Programs provide responsive and developmentally appropriate environments, sufficient time allocations, and instructional practices necessary to create print and language rich environments that promote developmental growth and mastery of content and skills in all applicable state-approved content standards. Classrooms are designed and equipped to support discovery, small group and individual learning, exploration, and problem solving in an environment that supports healthy social and emotional development. Classrooms must have sufficient physical space and quantity and variety of appropriate materials and resources to support student-centered learning. Educators should consistently use research-based instructional strategies to deliver content that is engaging and rigorous.

Domain Additional Information and Related WVBE Policies Social-Emotional Universal Pre-K (Policy 2525)

Pre-K Standards (Policy 2520.15)

K-12 Student Success Standards (Policy 2520.19)

Cognitive Content Standards for Pre-K (Policy 2520.15)

Physical Activity/Physical Education Pre-K Content Standards (Policy 2520.15)

Universal Pre-K (Policy 2525)

West Virginia Universal Pre-K classrooms (school based and through collaborative partners) are required to offer at least 60 minutes of daily outdoor activity, weather permitting. Indoor time may be utilized when weather conditions are not conducive to outdoor activity.

Kindergarten students shall have at least 30 minutes of physical education, including physical exercise and age-appropriate physical activities, for at least three days a week per W. Va. Code §18-2-7a. At least 50 percent of class time for physical education will be spent in moderate to vigorous intensity physical activity. Schools not having the number of certified physical education teachers or required physical setting may develop alternate programs to enable existing staff and physical settings to be used to meet this requirement. Alternate programs shall be submitted annually, prior to the first day of instruction, to the WVDE for approval.

Classroom Learning Environments, Routines, and Instructional Practices Safe and Supportive Schools (Policy 4373)

Universal Pre-K (Policy 2525)

Tiered System of Support for Early Literacy and Numeracy (Policy 2512)

4.1.b. Primary Elementary Learning (Grades 1-2). The Primary Elementary Learning grades build on the comprehensive approach to personalizing learning inherent in the Early Learning Readiness grades and provide a context for the development of knowledge and skill building across all applicable content areas. Development continues to span a broad spectrum for all students and is significant in the offering of daily instruction. Personalized Learning plans shall be utilized to help students who are demonstrating a deficiency in literacy and/or mathematics based upon benchmark/screener assessment results.

4.1.b.1. Instruction in Grades 1 and 2 programs employ formative assessment methods to assure that developmentally appropriate interactions, competencies, experiences, and skills are measured effectively. To gauge the extent to which students are progressing toward proficiency in English language arts and mathematics standards, students shall be administered a state approved and county adopted benchmark/screener three times per year. WVELRS is available as an optional tool that may be used in addition to the required benchmark/screener in Grades 1 and 2.

Chart II: Primary Elementary Learning - Grades 1 and 2 Primary Elementary Learning Programs provide appropriate environments, sufficient time allocations, and instructional practices necessary to promote developmental growth and mastery of content and skills in all applicable state-approved content standards. Instructional activities should use an approach to ensure content areas are interrelated, not addressed in isolation. Classrooms are designed and equipped to support discovery, small group and individual learning, exploration, and problem solving in an environment that supports healthy social and emotional development. Educators should consistently use research-based instructional strategies to deliver content that is engaging and rigorous. Primary Elementary Learning programs should minimize transitions throughout the day to ensure that blocks of time are sufficient for student engagement and content integration.

Domain Additional Information and Related WVBE Policies Social-Emotional K-12 Student Success Standards (Policy 2520.19)

Cognitive Content Standards for Physical Activity/Physical Education Physical activity in the form of recess or informal physical activity shall be provided for at least 30 minutes daily. Physical activity may not be withheld as a disciplinary action against a student or to complete assignments.

Students in Grades 1 and 2 shall have at least 30 minutes of physical education, including physical exercise and age-appropriate physical activities, for at least three days a week per W. Va. Code §18-2-7a. At least 50 percent of class time for physical education will be spent in moderate to vigorous-intensity physical activity. Schools not having the number of certified physical education teachers or required physical setting may develop alternate programs to enable existing staff and physical settings to be used to meet this requirement. Alternate programs shall be submitted annually, prior to the first day of instruction, to the WVDE for approval.

Classroom Learning Environments, Routines, and Instructional Practices Safe and Supportive Schools (Policy 4373)

Tiered System of Support for Early Literacy and Numeracy (Policy 2512)

4.1.c. Intermediate Elementary Learning (Grades 3-5). Students in Intermediate Elementary grades are beginning the transition into middle childhood. Instructional practices shall include content-specific focus while continuing to support literacy and numeracy skills in all subject areas. Personalized Learning plans shall be utilized to help Grade 3 students who are demonstrating a deficiency in literacy and mathematics based upon benchmark/screener assessment results. To ensure instruction meets the needs of all students, the formative, benchmark, and summative assessment data are used to make curricular decisions as part of the continuous improvement process.

4.1.c.1. Instruction in Grades 3-5 employ formative assessment methods to assure that developmentally appropriate interactions, competencies, experiences, and skills are measured effectively. To gauge the extent to which students are progressing toward proficiency in English language arts and mathematics standards, students shall be administered a state approved and county adopted benchmark/screener three times per year in Grades 3-5.

Chart III: Intermediate Elementary Learning - Grades 3-5 Intermediate Elementary Learning Programs provide appropriate environments, sufficient time allocations, and instructional practices necessary to promote higher order thinking skills and mastery of content in all applicable state-approved content standards. Instructional activities shall use an approach to ensure content areas are interrelated, not addressed in isolation. Classrooms are designed and equipped to support discovery, small group and individual learning, exploration, and problem-solving in an environment that supports healthy social and emotional development. Students should be provided opportunities to develop the academic and social emotional skills necessary for the transition to middle school. Educators shall consistently use research-based instructional strategies to deliver content that is engaging and rigorous. Intermediate Elementary Learning programs should ensure sufficient blocks of time for student engagement and content integration.

Domain Additional Information and Related WVBE Policies Social-Emotional K-12 Student Success Standards (Policy 2520.19)

Cognitive Content Standards for Physical Activity/Physical Education Physical activity in the form of recess or informal physical activity shall be provided for at least 30 minutes daily for all students. Physical activity may not be withheld as a disciplinary action against a student or to complete assignments.

Students in Grades 3-5 shall have at least 30 minutes of physical education, including physical exercise and age-appropriate physical activities, for at least three days a week per W. Va. Code §18-2-7a. At least 50 percent of class time for physical education will be spent in moderate to vigorous-intensity physical activity. Schools not having the number of certified physical education teachers or required physical setting may develop alternate programs to enable existing staff and physical settings to be used to meet this requirement. Alternate programs shall be submitted annually, prior the first day of instruction, to the WVDE for approval.

Classroom Learning Environments, Routines, and Instructional Practices Safe and Supportive Schools (Policy 4373)

Tiered System of Support for Early Literacy and Numeracy (Policy 2512)

W. Va. Code R. § 126-42-5 Middle School Programming

5.1. Foundations for High Quality Developmentally Appropriate Middle School Programming (Grades 6‑8).

5.1.a. Middle School Programming builds on the results of Pre-K through Grade 5 programming and transitions students into the high school program. Successful middle school programs are characterized by a culture that is inviting, inclusive, and supportive of all. Significant academic learning experiences are the norm and are characterized by rigorous content, vigorous instruction, and high expectations for all learners within a developmentally appropriate, safe, and supportive school. The middle school experience is challenging, exploratory, integrative, and relevant. Middle school educators use multiple learning and teaching approaches resulting in authentic engagement in active, purposeful learning. Students learn to understand important concepts, develop essential skills, and apply what they learn to real-world problems. The environment and culture of middle school should lead to every student having meaningful supportive relationships with at least one trusted adult advocate who is familiar with the student’s academic development and personal goals. Such a learning community of both adults and students produces a stable and mutually respectful relationship that supports students’ personal, intellectual, ethical, and social growth.

Chart IV: Grades 6-8 Standards-focused Instruction Middle school programs of study shall be taught by a team of qualified teachers. A diverse set of developmentally appropriate instructional strategies will scaffold students to mastery of the grade level content standards. The principal and a team of teachers will determine an adequate amount of time necessary to achieve mastery of the approved content standards for each course to effectively address the academic needs of all students in numeracy and the literacy skills of reading, writing, speaking and listening, and language in all content areas.

Content Areas Required Courses for each Grade Level Additional Information and Related WVBE Policies English Language Arts (ELA)

ELA 6

ELA 7

ELA 8 or ELA 6 and Reading 6 ELA 7 and Reading 7 ELA 8 and Reading 8 To address literacy needs counties may choose to utilize a separate course code for reading in addition to the required ELA course.

Mathematics Math 6 Math 7 Math 8 Math 8 Substitutions:

High School Algebra I for 8th Graders High School Math I for 8th Graders Science Science 6 Science 7 Science 8 Social Studies Social Studies 6 Social Studies 7 WV Studies 8 Career Exploration Note: Counties will implement a comprehensive Career Exploration middle school experience. This experience may include but it is not limited to Career Technical Education (CTE) Exploratory Courses, stand-alone Career Exploration Courses, and mini courses (e.g., Home Economics, Home Repair, Robotics, etc.), field trips, guest speakers, and career mentors.

Embedded Career Exploration 6-8 or Career Exploration 6 Career Exploration 7 Career Exploration 8 or Future Careers 6-8 Regional Careers 6-8 Discover Your Future 6-8 or Career Exploration 6‑8 In accordance with W. Va. Code §18-9D-19a, comprehensive middle schools must provide learning opportunities where students are provided: a comprehensive curriculum with embedded career exploration and project-based career activities; career development and counseling; and learning and life connection experiences for all students. All students will receive structured, on-going experiences for career awareness, exploration, decision-making, instructional Career and Technical Education (CTE) practices and career preparation exposing students to all 16 career clusters. Career development must include career exploration, entrepreneurial experiences, and/or Simulated Workplace learning for all students in Grades 6, 7, and 8. Students must document a personalized career portfolio that is transportable throughout the student’s middle and high school career. Students may utilize career exploration, the Lexile® Career Database, CTE Exploratory Courses, Career Cruising®, and multiple learning activities to guide education and career planning.

Computer Science Note: Integrated Technology and Computer Science will be delivered within all content areas Integrated Technology and Computer Science 6‑8 Discovering Computer Science or a county-created computer science course Students will be provided regular opportunities within the context of other coursework to master the 6-8 technology and computer science standards. Students will be provided sufficient opportunities in digital literacy, computer science, and technology skills to meet the 6-8 standards by the end of Grade 8.

Music Music 6-8 or Music 6 Music 7 Music 8 Grade-band and/or individual courses for Grades 6-8 in general music, choral, and instrumental music (band or orchestra) will be offered to all students during the middle school experience. Chorus or instrumental music may be substituted for a general music course at each grade level.

Visual Art Visual Art 6-8 or Visual Art 6 Visual Art 7 Visual Art 8 Grade-band or individual courses for Grades 6-8 in visual art will be offered to all students during the middle school experience.

Wellness Education Note: Schools not having the number of certified physical teachers or required physical setting may develop alternate programs that will enable current staff and physical settings to be used to meet the physical education requirements. Alternate programs shall be submitted to the WVDE for approval.

Wellness Education 6 or PE 6 and Health 6 Wellness Education 7 or PE 7 and Health 7 Wellness Education 8 or PE 8 and Health 8 Wellness Education: Includes both physical education and health standards that must be taught each year in Grades 6‑8. Physical education, including physical exercise and age-appropriate physical activities, must be provided the equivalent of at least one full period of each school day of one semester of the school year (W. Va. Code §18-2-7a). At least 50 percent of class time for physical education will be spent in moderate to vigorous intensity physical activity.

Physical Activity: Opportunities will be provided for an additional 30 minutes of moderate to vigorous integrated physical activity daily to keep students physically active throughout the school year.

World Languages A course in the same World Language is required to be offered for students in Grade 7 and Grade 8.

Offering a World Language course in Grade 6 is encouraged.

Counties may offer a high school credit-bearing World Language course in place of World Language in Grade 7 and Grade 8.

World Languages (Policy 2520.7)

Social and Emotional Advisory System for Student Success Through a Comprehensive School Counseling Program, middle schools will implement a continuous advisory system that provides students with meaningful supportive relationships and maximizes each student’s personalized learning experience.

The advisory system will be evidence- and standards-based to systemically address Policy 2520.19 and include the development of each student’s Personalized Education Plan (PEP) (see Appendix D), career portfolio, social emotional, and other skills that enhance school success, and build competent, engaged citizens.

K – 12 Student Success Standards (Policy 2520.19)

W. Va. Code R. § 126-42-6 High School Programming

6.1. Grades 9 through 12 Standards-focused Instruction and Graduation Requirements.

Chart V: Grades 9-12 Standards-focused Instruction and Graduation Requirements Foundations for High Quality Developmentally Appropriate High School Programming (Grades 9-12)

The completion of high school coursework will prepare all students for post-secondary education, employment, enlistment, entrepreneurship, and everyday living. Students should consult with their chosen post-secondary educational/training institution and scholarship program requirements when choosing course options and electives. The required courses outlined below build strong content knowledge and extend disciplines by engaging students in work of quality and substance. In Grades 9 and 10, students build foundational knowledge and skills. In Grades 11 and 12, students enter into the personalized aspect of their PEP, focusing carefully on selected coursework that leads to successful completion of their personal and academic goals. Each student’s coursework will be designed to lead directly to placement in entry-level, credit-bearing academic college courses, completion of an industry‑recognized certificate or license, a workforce training program, or job placement. Students who do not demonstrate mastery of the approved content standards shall be provided extra assistance and time through personalized learning and support. 22 total credits required --- 12 Prescribed --- 10 Personalized Beginning with the 2024-2025 freshman cohort graduation requirements will increase to 23 credits with the addition of a prescribed credit in Personal Finance. 2024-2025 freshman cohort graduation requirements: 23 total credits, including 13 prescribed, and 10 personalized.

Subject Graduation Requirements Personalized Course Options English Language Arts (ELA) 4 credits 3 Prescribed Credits English 9 English 10 English 11 1 Additional Personalized Credit from Course Options Note: An Advanced Placement (AP®), Dual Credit, or International Baccalaureate (IB®) ELA course may be substituted for an equivalent ELA credit.

One credit from English 12 or Transition English Language Arts for Seniors or Creative Writing and Reading or Technical English Language Arts English Language Arts College Courses County-created and Approved English Language Arts Courses based on student need and interest ensuring state standards for English are met Mathematics 4 credits Note: Beginning with the 2024-2025 freshman cohort, Math I Lab and Algebra I Support will no longer count toward a Mathematics graduation requirement. Beginning with the 2023-2024 school year counties may offer one credit of Introduction to Mathematical Application (Grades 9-12). Students may take Data Science as a personalized Mathematics credit. 2 Prescribed Credits Algebra I or Math I Geometry or Math II 2 Additional Personalized Credits from Course Options Note: An AP®, Dual Credit, or IB® Mathematics course may be substituted for an equivalent Mathematics credit.

Algebra II/Math III Trigonometry/Pre-calculus/Math IV, Applied Statistics, Transition Mathematics for Seniors Introduction to Mathematical Applications AP® Computer Science A Advanced Mathematical Modeling Calculus Statistics Quantitative Reasoning Mathematics college courses Computer Science and Mathematics County-created and Approved Math Courses higher than Math III or Algebra II Financial Algebra/Mathematics Data Science Science 3 credits 2 Prescribed Credits Earth and Space Science Biology 1 Additional Personalized Credit from Course Options Note: An AP®, Dual Credit, or IB® Science course may be substituted for an equivalent science credit.

Chemistry Human Anatomy and Physiology Physics Physical Science Environmental Science Forensics Science college courses Computer Science – GIS County-created and Approved Science Courses CTE Courses:

AC Energy and Power (Courses 1-4)

Animal and Plant Biotechnology CASE Principles of Agriculture Science-Plant Principles of Engineering Human Body Systems Natural Resources Management Therapeutic Services (Courses I, II, and III)

CASE Food Science and Safety Social Studies 4 credits 3 Prescribed Credits World Studies or an AP® Social Studies Course United States (US) Studies* or US Studies Comprehensive, or AP® US History Civics (includes personal finance) or AP® Government and Politics** 1 Additional Personalized Credit from Course Options Note: Students who take US Studies must utilize Contemporary Studies as their Personalized Credit unless they are utilizing JROTC Courses I-IV. **Students who utilize AP® Government and Politics or Dual Credit Civics must be provided instruction in the personal finance standards found in Civics.

Beginning with the 2024-2025 freshman cohort Personal Finance will be removed from Civics to become a separate graduation requirement.

Contemporary Studies Economics Geography World Studies AP® Social Studies Courses IB® Social Studies Courses Financial Literacy Psychology Social Studies college courses Dual Credit Courses Sociology JROTC (Courses I-IV)

County-created and Approved Social Studies Courses Personal Finance 1 Credit Beginning with the 2024-2025 freshman cohort, Personal Finance is a required credit. 1 Prescribed Credit Personal Finance (1451)

West Virginia Career-Readiness Programs of Study/Standards for Career Technical Education (Policy 2520.13)

Note: While the Personal Finance credit will go into effect with the 2024-2025 freshman cohort, counties may choose to implement this requirement early.

Students must take this course during their junior or senior year.

Physical Education (PE) 1 credit 1 Prescribed Credit PE 9-12, Integrated PE, or counties may choose to offer Extracurricular/Interscholastic PE both graded and non-graded.

JROTC I and II will fulfill the 1 credit PE requirement Dual Credit Courses Other PE courses based on student need and interest paired with the integrated online course Health 1 credit 1 Prescribed Credit Health 9-12 Health College Courses Dual Credit Courses The Arts 1 credit 1 Personalized Credit Note: An AP®, Dual Credit, or IB® Arts course may be substituted for any Arts credit.

The Arts (Policy 2520.9)

Four sequential courses in music (both choral and instrumental), visual art (general art and/or studio art), dance, theatre Arts Offerings Arts College Courses The following CTE courses will fulfill the 1 credit Arts requirement:

Fundamentals of Illustration (1851)

Fundamentals of Graphic Design (1857)

Illustration (1861)

Graphic Design Applications (1859)

Ornamental Metal Work (1982)

Digital Imaging/Multimedia I (1431)

Drafting Techniques (1727)

Floriculture (0213)

Digital Photography (1515)

Millwork or Cabinet Making (2126 or 2127 or 2128 or 2129)

Personalized Education Plan (PEP) 4 credits 4 Personalized Credits 4 credits in a CTE Program of Study or 4 credits that lead to post-secondary goals Each student’s PEP will identify a career cluster and either a CTE program of study or course work that will lead directly to college placement, attainment of an industry-recognized certificate or license, a workforce training program, or job placement (Appendix D).

Best practices encourage students to experience the following: an AP®, IB®, dual credit, and/or Advanced Career (AC) course with corresponding examination, 2 credits in one world language, an additional science, a computer science, an online/digital learning experience, Grow Your Own (GYO) WV Teaching Pathway, entrepreneurial experiences, and/or 4 credits culminating in acquisition of industry-recognized CTE credential focused on career aspirations.

Career and Technical Education See section 6.3: Career and Technical Education Career Technical Education (Policy 2520.13)

Course Required to be Offered One CTE course that teaches parenting skills Recommendation Beginning with the 2023-2024 school year, counties shall expand career exploration and offer CTE courses and CTE programs of study in Grades 9 and 10.

Community Readiness Counties may allow students with the most significant cognitive disabilities to earn 4 credits in Community Readiness Training aligned with the post-secondary goals in the student IEP.

Electives County Board of Education Members (CBEM) have the authority to set graduation requirements beyond the state minimum for schools in their counties. Students may typically earn up to 32 credits on a block schedule and up to 28 on a traditional schedule over their high school careers.

When choosing electives, students should consult with their chosen post-secondary educational institution and review scholarship program requirements to make sure the electives are appropriate and acceptable.

Computer Science Course Required to be Offered One course in Computer Science Computer Science in the Modern World AP® Computer Science Courses Information Technology (IT)

Information Management Web Development Other courses based on student need and interest CTE Computer Science/IT Courses County-created Computer Science/IT Courses College Computer Science Courses World Languages World Languages (Policy 2520.7)

Recommended College- and Career-Readiness Course Options:

Most four-year colleges and universities require the completion of at least two credits of the same world language before or during post-secondary studies. Students need to consult with their post-secondary educational institutions concerning world language requirements.

Three levels of one world language Students who demonstrate proficiency in two languages (English and one additional) can receive the Seal of Biliteracy.

Other world languages and additional levels based on student need and interest AP® World Language World Language college courses Driver Education Driver Education (Policy 2520.8)

Course Required to be Offered One course in Driver Education Social and Emotional Advisory System for Student Success Required Through a Comprehensive School Counseling System, high schools will implement a continuous advisory system that provides students with meaningful supportive relationships and maximizes each student’s personalized learning experience.

The advisory system will be evidence- and standards-based to include the development of each student’s PEP (see Appendix D), career portfolio, social other skills that enhance school success, and build competent, engaged citizens.

6.2. High School Scheduling.

6.2.a. High schools’ schedules shall allow for mastery of the content standards of each course. When developing schedules, the principal and a team of teachers will determine the adequate amount of time necessary to achieve mastery of the approved content standards for each program of study and effectively address the academic needs of all students. If the staff develops a schedule with courses less than 8100 minutes and academic achievement is not at or above state proficiency for a minimum of two years, the school will review and adjust its schedule based on student need and be approved by the CBEM.

6.2.b. Students shall have access to at least four AP® courses annually (at least one from the content areas of English language arts, mathematics, science, and social studies). All AP® courses must have a syllabus approved through the College Board and shall be taught by a teacher who has completed the required professional learning (see Appendix B.). Access to AP® courses may also be attained via West Virginia Virtual School (WVVS) AP® courses. Grades earned in an AP® course must be weighted on students’ transcripts.

6.2.c. Students who do not meet the college- and career-readiness benchmarks on the West Virginia General Summative Assessment for English language arts and/or mathematics prior to their senior year may be enrolled in a designated transition English Language Arts course and/or a designated transition mathematics course even if they already have the required number of credits in that area. Students may enroll in a higher level course with agreement between the student, the student’s parent/guardian, and the school to ensure the best interests and needs of each student are met.

6.3. Career and Technical Education (CTE).

CTE The high school must offer students in Grades 9-12 engaging and empowering career development learning opportunities that include: Structured, on-going CTE experiences for career awareness, exploration, decision-making, and career preparation exposing students to all 16 career clusters. These offerings may be delivered within a Simulated Workplace/project-based hands-on environment.

A CTE program of study is aligned with the approved 16 career clusters and consists of four courses identified for WVDE-approved CTE programs of study (refer to Policy 2520.13). Each CTE program of study shall provide students a Simulated Workplace environment and the opportunity to obtain an industry recognized credential as part of the instructional program when applicable.

Multi-county Centers, county CTE centers, and comprehensive high schools must provide students with access to programs of study based on the student population. Centers/schools with a population of: 0-400 students must offer a minimum of three of the 16 nationally approved career clusters; 401-800 students must offer a minimum of four of the 16 nationally approved career clusters; or 801+ students must offer a minimum of five of the 16 nationally approved career clusters.

Students in Grades 9 and 10 must have access to at least one CTE course.

Students in Grades 11 and 12 must have access to four units in a CTE program of study and two CTE electives.

A CTE completer is defined in Policy 2520.13, Explanation of Terms.

Counties’ and/or schools must allow for mastery of the state-approved CTE content standards while ensuring industry certifications or licensing minute requirements are met. Counties be mindful of transportation times to and from county and multi-county CTE centers when developing those schedules.

Approved West Virginia Career Clusters Agriculture, Food, and Natural Resources Architecture and Construction Arts, A/V Technology, and Communication Business Management and Administration Education and Training Finance Government and Public Administration Health Sciences Hospitality and Tourism Human Services Information Technology Law, Public Safety, Corrections, and Security Manufacturing Marketing Science, Technology, Engineering, and Mathematics Transportation, Distribution, and Logistics West Virginia Specific Career

6.4. Grades 9 through 12 Alternative Means to Earn High School Credit.

6.4.a. CBEM shall provide alternative means for students to earn high school credit.

6.4.a.1. Students may substitute one of the following equivalent courses in place of a course as listed in the applicable high school program of study: 1) an AP® course; 2) an IB® course; 3) an AC course; or 4) a dual credit or college course in accordance with approved county policy. The student’s parent/guardian must approve by signing the student’s PEP.

6.4.a.1.A. Such substitution requests must be approved by the county superintendent (or designee) and principal. The decision as to whether a substitute course will count as credit must be based on its applicability to the student's 5-year PEP, post-secondary goals, and/or program of study. Schools shall provide information regarding the availability of advanced courses to students and parents and strongly encourage students to take such courses based upon student interests and post-secondary goals.

6.4.a.1.B. Students and their parent/guardian must be advised of the decision of the superintendent (or designee) and the impact of the substitute course on the student's preparation for college, other post-secondary education, or gainful employment identified in the student's PEP.

6.4.a.1.C. To ensure this process has been followed, the parent/guardian and student each must sign and receive a copy of, or have access to, the digital copy of the modified PEP.

6.4.a.1.D. Students may not receive dual credit for an AP® course.

6.4.a.2. Any student who successfully completes a high school level course (one meeting the high school approved content standards and taught by a content-certified teacher) prior to Grade 9 shall receive full credit for that course toward graduation requirements. The student's permanent record for Grades 9-12 shall indicate completion of the courses. The grade for any credit-bearing course taken prior to Grade 9 becomes part of the student's permanent record and is calculated in the student's high school grade point average (GPA).

6.4.a.3. All students will receive appropriate grades and/or credit for all work completed while attending school, regardless of the duration of their enrollment period. Students cannot receive credit for the same course twice. When a student retakes a failed course, both grades shall be transcribed and the county grading policy will determine how these courses are calculated in the GPA.

6.4.a.3.A. No teacher may be required to change a student’s grade on either an individual assignment, a report card, or transcript unless there is clear and convincing evidence that there was an error, per W. Va. §18-5-46.

6.4.b. West Virginia Option Pathway. The Option Pathway provides the opportunity for at-risk students, ages 16-21, who are enrolled in and attending a West Virginia public high school or attending a West Virginia Schools of Diversion and Transition (WVSDT) juvenile or adult instructional education program, to stay in school, complete a state-approved CTE program of study as defined in Policy 2520.13, pass the entire WVDE-approved high school equivalency assessment and receive a high school diploma.

6.4.c. Students who are enrolled in a WVSDT school should be offered the same marketable job skill opportunities that are provided to students in nonresidential settings as is practicable. WVSDT schools deliver rigorous personalized learning options while offering flexible scheduling and still meeting graduation requirements.

6.4.c.1. A WVSDT school operated by the WVBE will transfer graduation credits earned to a county for the awarding of a high school diploma. It is mandatory for counties to accept and recognize the transferred credit(s) toward the completion of the graduation requirements and issuance of a high school diploma.

6.4.c.2. Career Integrated Experiential Learning (CIEL), as defined in Policy 2444.4, is an alternate pathway for at‑risk students.

6.4.d. A student who transfers into a West Virginia school from another state or county public school with different graduation requirements may not be able to complete the requirements for graduation. In such cases, the student's credits shall be evaluated by the county superintendent or designee in the receiving county to determine if one or more county and/or state requirements can be substituted with an equivalent course. Any courses requiring a waiver must be reviewed and approved by the State Superintendent of Schools or designee.

6.4.e. Counties may develop tests for the purpose of accelerating students by proving proficiency through assessment.

6.4.f. Counties may develop a policy that allows for credit-bearing workplace readiness experiences.

6.4.g. Virtual learning may be used to provide students opportunities to enroll in classes through the WVVS or a county virtual instruction program (refer to Appendix C, Virtual Learning).

W. Va. Code R. § 126-42-7 School Responsibilities

7.1. Schools shall implement WVBE and county policies as well as county and school procedures to ensure high quality delivery of their education program. In meeting this responsibility, schools shall address the following components of a high quality education program.

7.1.a. Administrative Practices.

7.1.a.1. Implement CBEM and WVBE policies and procedures.

7.1.a.2. Ensure that the school is safe and that the environment is conducive to learning and teaching per Policy 4373.

7.1.a.3. Assign students equitably among the classroom teachers, taking into consideration reasonable enrollment differences due to subject area and/or grade levels.

7.1.a.4. Ensure that all teachers and library/media professionals are provided a duty free planning period that is the length of the usual class period and is not less than 40 minutes per day (W. Va. Code §18A-4-14).

7.1.a.5. Participate in the West Virginia Education Information System (WVEIS) and other WVDE data collections through adherence to data collection calendars and guidance documentation, which are developed and maintained through the WVDE data governance structure per Policy 4350, to ensure compliance with state and federal reporting requirements and to support the population and sustainability of the state’s longitudinal data system for educational decision making.

7.1.a.6. Implement a system to monitor absences and dropout rates and, when appropriate, develop plans to reduce the student absenteeism and dropout rates;

7.1.a.7. Ensure a process for timely, accurate, and complete entering of data into the WVEIS.

7.1.b. Content Focused Standards and Instruction. Each school shall offer rigorous instructional opportunities and strategies that are based on state content standards via county-determined instructional materials and teacher-created curricula. Specific requirements are outlined in sections 4, 5, and 6.

7.1.b.1. Prior to the beginning of each school year, the principal and teachers determine time allocations that, based on the needs of the students, maximize engaged instructional time, and limit disruptions during the instructional day within the regular and alternative school calendars for specific instructional programs.

7.1.b.2. School schedules shall be organized to maximize flexibility of academic learning time through a variety of strategies.

7.1.b.3. Flexible scheduling of students and staff shall be used to ensure that every student has the opportunity to achieve or exceed mastery of each content standard.

7.1.b.4. Principals shall ensure that educators:

7.1.b.4.A. implement content standards for learning and are aware of the instruction students have received prior to entering the grade level they teach and what the expectations are for students to be able to succeed at subsequent grade levels;

7.1.b.4.B. use instructional practices that are evidence- and research-based;

7.1.b.4.C. utilize the West Virginia Tiered System of Support (WVTSS) that is inclusive of high quality practices allowing all students to sustain significant progress, whether they are considered at-risk, exceeding grade-level expectations, or at any point along the continuum. The WVTSS emphasizes the integration of academics, behavior, and mental health as uniformly critical to student success, and focuses on the cohesive system of support rather than interventions alone;

7.1.b.4.D. develop and use assessments aligned with the content standards to drive instructional improvement for all students;

7.1.b.4.D.1. assessments may include standardized, non-standardized, performance assessments, end‑of-course/program of study (EOC) exams, portfolios, observation performance data, achievement checklists, teacher-made tests, and other assessments that are at the direction of and for use by the classroom teacher; and

7.1.b.4.D.2. a formative assessment process shall be used in all grades to provide educators with information to inform instruction, personalize planning, and share individual students’ progress with families in meaningful ways.

7.1.b.5. Principals shall monitor pupil performance related to the approved content standards of the school education program and work with teachers to make appropriate adjustments to the instructional program.

7.1.b.6. Principals and school personnel shall monitor and update records of student progress for student, parent, and teacher information.

7.1.c. Leadership. The principal fosters distributed leadership among staff, students, family, and community stakeholders, as appropriate, to create a shared understanding and commitment to improved student academic success. Schools shall ensure leadership meets the standards set forth in Policy 2322. In addition, each school shall:

7.1.c.1. ensure that parents have opportunities to be involved in the school and their child’s education;

7.1.c.2. operate a faculty senate that facilitates school improvement through practices outlined in W. Va. Code §18-5A-5 and in accordance with Policy 3234;

7.1.c.3. operate a school curriculum team that establishes instructional programs and methods, based on the needs of the school, and that implements the state-approved content standards (W. Va. Code §18-5A-6);

7.1.c.4. analyze programs using a continuous system of program assessment and program improvement;

7.1.c.5. develop and implement a School Strategic Plan that is based on the identified needs of the students and is developed collaboratively by the Local School Improvement Council (LSIC), the principal, faculty senate, school technology team, school curriculum team, and other appropriate stakeholders.

7.1.c.6. maintain a LSIC that facilitates improvement of educational quality by encouraging the involvement of the school community in the operation of the school as outlined in W. Va. Code §18‑5A-2 and by utilizing the waiver process when appropriate.

7.1.c.7. utilize a school technology team that collaborates with the school strategic planning committee to develop a comprehensive technology plan that includes Policy 2460.

7.1.d. Professional Learning. Each school shall have a process for developing, providing, and participating in programs for professional learning based on research, data, and Policy 5500.

7.1.d.1. ensure that professional staff participate in continuous high quality, sustained, and classroom-focused professional learning that increases the knowledge and skills required to create conditions that result in students achieving high levels of performance in the approved West Virginia content standards series (Policy 2520 series, W. Va. 126CSR44AA through 126CSR44U);

7.1.d.2. ensure that teachers participate in the county’s intentional, coordinated efforts to provide a comprehensive system of support found in the professional learning component of the County Strategic Plan for all teachers and administrators per provisions of W. Va. Code §18A-3C-3;

7.1.d.3. ensure that all teachers who teach College Board AP® courses have completed the required professional learning for their content area and have received approval of their curriculum from the College Board. (See Appendix B.)

7.1.d.4. ensure that an administrator from each high school attends a College Board endorsed AP® related workshop once every two years. (See Appendix B.)

7.1.e. Special Education provides services and resources to meet the unique needs of all students with disabilities. Schools shall ensure special education requirements set forth in Policy 2419 are implemented.

7.1.e.1. Student Assistance Team (SAT). Schools shall ensure a Student Assistance Team (SAT) is operational to conduct the problem solving process for individual students whose academic, mental health, or behavior concerns are impeding their success in the school environment. This problem solving process is outlined more specifically in Policy 2419. However, the SAT process may be used to address the needs of all students, whether or not a multidisciplinary evaluation is being considered.

7.1.f. Alternate Delivery of Education Programs. The school shall follow county policies and procedures when providing for alternative delivery of education and service programs for students. A thorough and efficient education must be available to all students, whether they are placed in regular or alternative programs.

7.1.g. School Counseling Program. Schools shall ensure school counseling programs adhere to W. Va. Code §18-5-18b, Policy 2315, Policy 5100, as well as the West Virginia Professional School Counselor Standards found in Policy 5100. School counselors will work collaboratively with other school staff to assist students with academic and post-secondary planning, including the opportunity to complete the Free Application for Federal Student Aid (FAFSA), that leads to seamless transitions to students’ identified post-secondary option as required in Policy 2315.

7.1.g.1. Comprehensive School Counseling Program (CSCP). The CSCP is a proactive, systemic approach to assist students with the acquisition of attitudes, knowledge, skills, and behaviors necessary to maximize student success and preparation for a variety of post-secondary options. The WVDE provides assurances that the state comprehensive developmental guidance and counseling policy reflects provisions of Policy 2315. Policy 2520.19 outlines the attitudes, knowledge, skills, and behaviors essential to support all students in achieving everyday school success and in being college- and career-ready.

7.1.h. Health and Psychological Services. Emphasis is placed on preventive services, health promotion, and education to support academic success, reduce absenteeism, and promote lifetime health and wellness.

7.1.h.1. School health services are coordinated through the certified school nurse to provide early identification of health conditions and communicable diseases, daily support and care for students with specialized health care needs during the instructional day with linkage, and follow-up care to services as required in Policy 2422.7 and Policy 2423.

7.1.h.2. School psychological services facilitate the interpersonal and academic development of all students and foster the social/emotional health and the academic success of students. School psychologists assist teachers, professional support staff, and other school personnel with assessment information, academic and behavior intervention plans, and understanding student implications in relation to school performance and safe school considerations.

7.1.i. Diversity and Multicultural Education. To foster an environment of respect for the histories, cultures, and contributions of diverse groups, multicultural education awareness must be developed and embedded across all content areas per W. Va. Code §18-5-15a.

7.1.j. A hunter safety orientation program shall be offered at least once every spring semester in every middle school of the state as required by W. Va. Code §18-2-8a. The program shall be conducted by an instructor employed by or certified by the West Virginia Division of Natural Resources or who has other training necessary to conduct the program. At the option of each county board of education, the hunter safety orientation program may also be offered during the fall semester in any middle school in the state or may be offered in any high school in the state: Provided, that the demand to take the hunter safety orientation program is sufficient and that certified instructors are available. If there is an insufficient number of students at a middle school requesting or registering for the class in a given semester, the school shall not be required to conduct the class that semester. The hunter safety program is voluntary to students. The county board of education shall have the discretion to establish the minimum number of students requesting the safety orientation program class in a semester necessary to provide the class that semester. The West Virginia Division of Natural Resources shall issue a certificate of training to any students who completed the hunter safety orientation program.

7.1.j.1. Counties who choose to offer hunter safety as part of, or as a credit bearing course, must create standards and provide credit through a certified teacher of record.

W. Va. Code R. § 126-42-8 County Board of Education Staff (CBES) Responsibilities

8.1. County Board of Education Staff (CBES) Responsibilities. It is the responsibility of each county to plan, deliver, and evaluate the educational programs and student support services necessary to implement a thorough and efficient system of public education. The programs of student and student support services mandated by regulations must be available to all students.

8.1.a. Administrative Practices. The CBES shall ensure all components outlined in this policy are appropriately and effectively implemented.

8.1.a.1. Implement CBEM and WVBE policies and procedures.

8.1.a.2. Assure that all schools are safe and that the environment is conducive to learning, per Policy 4373.

8.1.a.3. Implement rules governing student attendance in Grades Kindergarten through 12:

8.1.a.3.A. Assure that all students, ages 6-17, are attending public schools or are exempt from compulsory public school attendance under the provisions of W. Va. Code §18-8-1 et seq.

8.1.a.3.B. Adjust and report the student attendance rate for the allowable deductions defined in Policy 4110.

8.1.a.3.C. All students shall be scheduled in the defined high school course work, college courses, CTE programs, credit recovery, Option Pathway, experiential learning, or virtual school courses for the full instructional day during Grades 9-12.

8.1.a.3.D. CBEM shall develop within their attendance policy the definition of compelling circumstances under which student may attend school for fewer than four full years and/or may be scheduled for courses for less than the full instructional day.

8.1.a.4. Provide assurances that the county comprehensive developmental guidance and counseling policy reflects provisions of Policy 2315.

8.1.a.4.A. The county school calendar shall meet the requirements of W. Va. Code §18‑5‑45 and Policy 3234 by providing: 180 separate days of instruction, with a minimum instructional day of 315 minutes for Kindergarten and Grades 1-5; 330 minutes for Grades 6-8; and 345 minutes for Grades 9-12.

8.1.a.4.B. Co-curricular activities may, by their nature, be scheduled within the school day.

8.1.a.4.C. Orientation programs for incoming Pre-K and Kindergarten-aged children are acceptable means of providing instructional time.

8.1.b. Alternate Delivery of Education Programs. The CBES shall implement policies and documented procedures when providing for alternative delivery of education and service programs for students. A thorough and efficient education must be available to all students, whether they are placed in regular or alternative programs.

8.1.b.1. Provisions of Policy 4373 and Policy 2520.19 shall be adhered to including, but not limited to, the provision of behavioral components in addition to academic coursework.

8.1.b.2. Students with disabilities may require an IEP meeting to determine whether their individualized needs can be met in alternative delivery of education programs. Any change in a student’s placement must be addressed by the IEP Team and implemented in accordance with the requirements of Policy 2419.

8.1.b.3. Students with IEPs placed in an integrated general education environment (GEE) and requiring accommodations to be provided by the general education teacher must not exceed 30 percent of the total class enrollment. Students with IEPs placed in co-taught classrooms in which instructional responsibilities are shared between a special educator and a general educator in one physical space must not exceed 50 percent of the total class enrollment in accordance with the requirements of Policy 2419.

8.1.b.4. Schools may award credits earned from approved summer schools provided the instructional program is equivalent to that required during the regular school term. All county summer school programs shall be submitted to the WVBE for approval by June 1 of each year.

8.1.b.5. Homebound/Hospital Services.

8.1.b.5.A. A student who, due to injury or illness as certified in writing by a licensed physician who specializes in the health condition, that may temporarily confine a student to home or hospital for a period that has lasted or will last more than three consecutive weeks will receive home/hospital services. The written statement from a licensed physician must include:

8.1.b.5.A.1. the specific reasons and period of time that the student must remain at home or in the hospital; and

8.1.b.5.A.2. the criteria or conditions under which the student will return to school, and the expected date of such return.

8.1.b.5.B. A written statement by a licensed physician who specializes in the health condition must be resubmitted at least every three months if a student’s temporary home/hospital instruction is prolonged.

8.1.b.5.C. The county may require that the parent/guardian obtain an opinion from a second licensed physician who specializes in the health condition at the expense of the county.

8.1.b.5.D. Home/hospital services must be designed to provide the student adequate opportunity to continue learning toward mastery of grade level content standards while he or she is temporarily confined to home or hospital. These services may not replace full time instruction on an ongoing basis. The expectation is that the student will return to the regular classroom.

8.1.b.5.E. Counties shall develop and implement within their attendance policy procedures which shall outline and define the delivery of home/hospital services.

8.1.b.5.F. Since home/hospital services are temporary in nature, the home/hospital teachers are responsible for facilitating instruction in courses with required content standards (i.e., English language arts, mathematics, science, and social studies). For cases in which home/hospital services may be necessary for a longer period of time, a process for renewal is required every three months. The home/hospital services are guided by the student’s classroom teacher(s) therefore the home/hospital teacher must be in regular contact with the classroom teacher(s) to:

8.1.b.5.F.1. secure and understand units/lessons, instructional plans, and instructional resources (including approved online and virtual options), and

8.1.b.5.F.2. establish procedures for the collection, grading, and return of student work, as requested by the classroom teacher(s) for feedback and assessment.

8.1.b.5.G. Home/hospital services provided for an exceptional student who is unable to attend school temporarily because of an injury, illness, or health condition require a change in the student’s placement to Out-of-School Environment (OSE) as defined Policy 2419. The change of placement to OSE and any appropriate changes to services will be received in the OSE setting, must be addressed by the student’s IEP Team and implemented in accordance with the requirements of Policy 2419. For students with Section 504 plans, adjustments to accommodations may be necessary during home/hospital services. Upon return from home/hospital services, both IEP and/or Section 504 documents must be reviewed to ensure appropriate services are in place for re-entry in the school environment.

8.1.b.5.H. Home and/or hospital services may also be provided temporarily at the direction of the county superintendent for students who have not met the immunization requirements of W. Va. Code §16-3-4.

8.1.b.6. Alternative Settings for Disruptive Students. Students whose disruptive behavior places them at risk of not succeeding in the traditional school structure may be eligible for placement in an alternative education program as authorized by Policy 4373.

8.1.b.7. WVVS Options (refer to Appendix C, Virtual Learning).

8.1.b.8. County Virtual Instruction Program (refer to Appendix C, Virtual Learning).

8.1.b.9. West Virginia Option Pathway. The Option Pathway is a blend of the CTE Pathway and the High School Equivalency (HSE) test. This pathway provides an opportunity for the high school students behind their 9th grade cohorts a second opportunity to graduate on time rather than dropping out of school.

8.1.c. Accountability for Alternative Programs.

8.1.c.1. All alternative delivery of programs for Kindergarten through Grade 12 must meet the standards and safeguards set forth in WVBE policies related to curriculum, instruction, and student support services.

8.1.c.2. Letters of agreement and/or contracts shall be used with external agencies, businesses, and individuals to clarify responsibilities in areas such as student supervision, public access to school facilities, finance, and program accountability.

8.2. Assessments. The school or county may develop assessments aligned with the content standards to drive instructional improvement for all students.

8.2.a. Assessments may include standardized, non-standardized, performance assessments, end‑of-course/program of study (EOC) exams, portfolios, observation performance data, achievement checklists, teacher-made tests, and other assessments that are at the direction of and for use by the classroom teacher.

8.2.b. A formative assessment process shall be used in all grades to provide educators with information to inform instruction, personalize planning, and share individual students’ progress with students and families in meaningful ways.

8.3. Compulsory School Attendance. W. Va. Code §18-8-1a requires compulsory school attendance to begin with the school year in which the sixth birthday is reached prior to July 1 of such year or upon enrolling in a publicly supported Kindergarten program and to continue to the seventeenth birthday or for as long as the student continues to be enrolled in a county after the seventeenth birthday.

8.4. Delivery and Evaluation of Education Programs and Support Services. It is the responsibility of each county to plan, deliver, and evaluate the education programs and student support services necessary to implement a thorough and efficient system of public education. The programs of study and student support services mandated by regulations must be made available to all students.

8.5. English as a Second Language Services. The county shall provide English as a Second Language services, or specially designed instruction, at no cost to parents, to meet the unique educational needs of an eligible limited English proficient student. English as a Second Language Services and content instruction conducted in the classroom and in other settings shall be provided as specified in the student’s program of study and in accordance with Policy 2417.

8.6. Facilities. Counties shall ensure that facilities must be safe and well-maintained and meet the standards set forth in Policy 6200.

8.7. Information Systems. Counties shall participate in WVEIS and other WVDE data collections through adherence to data collection calendars and guidance documentation, which are developed and maintained through the WVDE data governance structure per Policy 4350, to ensure compliance with state and federal reporting requirements and to support the population and sustainability of the state’s longitudinal data system for educational decision making.

8.8. Instructional Resources. See W. Va. Code §§18-2-5, 18-2-8, 18-2A-10, and 18‑5‑21, and Policy 2445.40.

8.9. Partnerships. Counties may choose to optimize the flexibility demonstrated and available within this and other WVBE policies to:

8.9.a. cooperate with one or more counties in establishing and maintaining joint programs;

8.9.b. contract for services with public or private agencies having appropriate programs; and/or

8.9.c. coordinate and share programs, related services, and resources with other organizations, agencies, and local businesses.

8.10. Special Education provides services and resources to meet the unique needs of all students with disabilities. Counties shall ensure special education requirements set forth in Policy 2419 are implemented.

8.11. Technology. The county shall ensure that each school has:

8.11.a. technology practices that facilitate student development in areas such as, but not limited to, computer skills, critical thinking and decision-making, application of academic knowledge in workplace programs, making informed career decisions, and meeting the requirements of Policy 2520.14; and

8.11.b. a technology infrastructure that has multiple applications for enabling students to achieve at higher academic levels.

8.11.c. adequate technology resources to support instruction.

8.12. Policy Development, Implementation, and Guidance. Counties shall develop procedures, guidelines, and technical assistance documents necessary to implement county policy, WVBE policy, and state law.

8.13. Transportation. See Policy 4336.

W. Va. Code R. § 126-42-9 County Board of Education Member (CBEM) Responsibilities

9.1. The CBEM shall ensure the following.

9.1.a. Policy Development. CBEM shall create and adopt policy as outlined in Appendix A.

9.1.b. Extended Learning Opportunities (ELO). Students may elect to participate in extended learning opportunities and may receive elective credit when approved by the CBEM. Students may earn no more than six elective credits through the extended learning programs.

9.1.b.1. The CBEM shall review ELO through an application process from entities, including but not limited to, nonprofit organizations, after school programs, businesses, and trade associations who have an interest in offering ELO.

9.1.b.2. The county will then submit all county approved applications to WVDE for WVBE approval.

9.1.c. Graduation Requirements. The state graduation requirements total 22 credits. For the 2024-2025 Freshman cohort the state graduation requirement is 23 credits. See the High School Programming Chart for specific credits required for graduation.

9.1.c.1. The CBEM have the authority to increase graduation requirements for schools in their counties. The county superintendent shall notify the WVDE of any changes in requirements beyond the state requirements.

9.1.c.2. The courses required for graduation requiring mastery of the WVBE- and county‑approved content standards shall be offered to all students.

9.1.c.3. Additional courses not identified in the High School Programming chart may be offered to afford students the opportunity to attain mastery of the approved content standards, to broaden and enrich their education, and to support academic and career development. Any elective offering must be based on WVBE-approved content standards if available or based on written content standards that are approved by the CBEM.

9.1.c.4. All students complete four credits of mathematics; however, a student’s enrollment in a mathematics course for each year of high school must be determined by county policy.

9.1.d. Alternate Delivery of Education Programs. CBEM shall establish policies for alternative delivery of education and service programs for students. A thorough and efficient education must be available to all students, whether they are placed in regular or alternative programs.

9.1.d.1. Provisions of Policy 4373 and Policy 2520.19 shall be adhered to, including but not limited to, the provision of behavioral components in addition to academic coursework.

9.1.e. Personnel.

9.1.e.1. Supervisory/Administrative Staff. CBEM shall:

9.1.e.1.A. employ supervisory/administrative staff who are professionally certified administrators. CBEM are encouraged to have school administrators participate in the West Virginia School Leadership Network (W. Va. Code §18A-3-2(c)) as outlined in Policy 5500.03.

9.1.e.1.B. provide continuous, high quality, and sustained professional learning opportunities for principals through a variety of means that increase the principal’s ability to be an instructional leader so that students can achieve high levels of performance in the approved West Virginia content standards.

9.1.e.2. Teaching Staff. CBEM shall:

9.1.e.2.A. employ highly qualified and certified teachers to implement each program of study;

9.1.e.2.B. ensure that professional staff members are working in the areas of endorsement specified on their certificates;

9.1.e.2.C. ensure that teachers have a specific knowledge of the approved content standards for all programmatic levels (Pre-K-12);

9.1.e.2.D. ensure that professional staff are provided continuous high quality, sustained, and classroom-focused professional learning as outlined in Policy 5500 that increases the knowledge and skills required to create conditions that result in students achieving high levels of performance in the approved West Virginia content standards series (Policy 2520 series, W. Va. 126CSR44AA through 126CSR44U);

9.1.e.2.E. ensure Alternative Education Programs, as outlined in Policy 4373, provide for the participation of content area certified teachers in the development of the academic curriculum and the assessment measures to determine mastery of approved content standards;

9.1.e.2.F. provide intentional, coordinated efforts to provide a comprehensive system of support that culminates into the professional learning component of the County Strategic Plan for all teachers and administrators per provisions of W. Va. Code §18A-3C-3;

9.1.e.2.G. ensure that all teachers and library/media professionals are provided a duty free planning period that is the length of the usual class period and is not less than 40 minutes per day (W. Va. Code §18A-4-14);

9.1.e.2.H. ensure that all teachers who teach College Board AP® courses have completed the required professional learning for their content area. (See Appendix B.)

9.1.e.2.I. ensure that an administrator from each high school attends a College Board endorsed AP® related workshop once every two years. (See Appendix B.)

9.1.e.2.J. ensure that all AP® coordinators attend an AP® Coordinator’s workshop annually. (See Appendix B.)

9.1.e.2.K. annually provide training for all personnel, during a non-instructional day of the school term, in the study of diversity and multicultural education (W. Va. Code §18-5-15a).

9.1.e.3. Aides/Early Childhood Classroom Assistant Teaching Staff. CBEM shall:

9.1.e.3.A. employ aides and/or Early Childhood Classroom Assistant Teachers (ECCAT) to enhance the instructional environment and provide time to ensure educational quality in the classroom;

9.1.e.3.A.1. aides assist teachers with non-instructional duties and in instructional-related activities in appropriate programs. Duties may include, but are not limited to: a) clerical and technical assistance; b) in-class assistance; c) tutorial services; d) distribution of instructional resources; e) supervision of students in the instructional environment or as otherwise assigned (W. Va. Code §18A‑5‑8); f) assistance with technology utilization; and g) in some cases, performance of basic or specialized health care procedures. 9.1.e.3.A.1.(a). All Pre-K and Kindergarten classroom aides must hold an Early Classroom Assistant Teacher Permanent Authorization or Temporary Authorization (W. Va. Code §18‑5‑18). 9.1.e.3.A.1.(b). Any newly assigned aide to a Grade 1, 2, or 3 classroom must complete the requirements for an ECCAT, paraprofessional, or aide, including courses in the science of reading, numeracy, appropriate measures for exercising authority and control over students (W. Va. Code §18‑5‑18a). 9.1.e.3.A.1.(c). One ECCAT is assigned to a Kindergarten classroom if the class enrollment exceeds 10 students. One ECCAT, aide, paraprofessional, or interventionist is assigned to a Grade 1, 2, and 3 classroom if the class enrollment exceeds 12 students. (See chart at section 9.1.f.3.) 9.1.e.3.A.1.(d). All West Virginia classrooms shall have adequate supervision at all times. When students are on the premises, a West Virginia Pre-K participating program shall ensure that two adults are present with children per Policy 2525. One of the two adults may be an ECCAT. 9.1.e.3.A.1.(e). Additional personnel may be necessary to meet the individual needs of students with disabilities. Student needs are determined by the IEP team as set forth in Policy 2419. 9.1.e.3.A.1.(f). ECCATs and aides assigned to a school are scheduled by the principal. 9.1.e.3.A.1.(g). ECCATs hired or placed in classrooms shall be scheduled adequate planning time, as determined by the building principal, with the teacher to whom they are primarily assigned.

9.1.e.3.B. use community resources, when appropriate, in innovative ways on a volunteer, part-time, or contractual basis in order to complement, support, or extend the instructional program, including the provision of experiential learning opportunities.

9.1.f. Maximum Teacher-Pupil Ratios (see chart titled Maximum Teacher-Pupil Ratios). Per W. Va. Code §18-5-18a, CBEM shall provide sufficient personnel, equipment, and facilities as well ensure that each classroom does not exceed the enrollment guidelines.

9.1.f.1. Each school principal shall assign students equitably among the classroom teachers, taking into consideration reasonable enrollment differences due to subject area and/or grade levels.

9.1.f.2. Any Kindergarten teacher who has more than 20 pupils per session and any classroom teacher of Grades 4-6 who has more than 25 pupils shall be paid additional compensation based on the affected classroom teacher's average daily salary divided by 20 for Kindergarten teachers or 25 for teachers of Grades 4-6 for every day times the number of additional pupils enrolled up to the maximum pupils permitted in the teacher's classroom. All such additional compensation shall be paid exclusively from county funds.

9.1.f.3. Split grade classrooms must adhere to the ratio of the lowest grade level. Split grade classrooms must be determined per W. Va. Code §18-5-18a(b).

Maximum Teacher-Pupil Ratios Grade Maximum Enrollment Exceptions Pre-K One ECCAT is required Includes classrooms having two or more grades that includes Pre-K Kindergarten One ECCAT is required for enrollments of more than 10 three additional with compensation Includes classrooms having two or more grades one of which includes Kindergarten Grade 1 (effective SY 2023-24)

Grade 2 (effective SY 2024-25)

Grade 3 (effective SY 2025-26)

One ECCAT/aide/paraprofessional or interventionist is required for enrollments of more than 12 Includes classrooms having two or more grades that include Grades 1-3 Grades 4-6 three additional with compensation Additional Exemptions to Maximum Teacher Pupil Ratios Physical Education Grades 5-6 when in a middle school setting Maximum Enrollment is at the discretion of the county Choral and band/orchestral music Maximum Enrollment is at the discretion of the county An exception may be made in Grades K-3 when time is utilized for adequate planning time between an ECCAT, aide, paraprofessional, or interventionist and the teacher to which they are primarily assigned. (See section 9.1.e.3.A.1.(g).)

9.1.g. Policy Development, Implementation, and Guidance. CBEM have oversight of county procedures, guidelines, and technical assistance documents necessary to implement county policy, WVBE policy, and state law.

9.1.h. Uniform Grading. All counties must use the uniform grading rules established by the WVBE for those courses for which high school credit is to be awarded (W. Va. Code §18-2-5). The Non-weighted Course Grading Scale must be used for any courses taken for high school credit, other than courses that CBEM are required or choose to weight (see Weighted Course Grading Scale).

Non-weighted Course Grading Scale Average Grade Quality Points 90-100 A

4.0 80-89 B

3.0 70-79 C

2.0 60-69 D

1.0 0-59 F

9.1.h.1. CBEM may, but are not required to, adopt this grading scale for use in courses or grade levels for which high school credit is not involved.

9.1.h.2. Counties shall issue weighted grades for AP® courses, AC courses, Dual Credit (Dual Credit weighted grades will begin with the 2020-21 9th grade cohort), and IB® courses for which high school credit is to be awarded. CBEM have discretionary authority to issue weighted grades for other advanced high school courses. Students transferring into a county will follow that county’s policy on the weighting of other advanced high school courses with regard to class rank. Transcribed grades (including non-weighted and weighted) and grade point averages may not be changed once they are issued by a teacher and transcribed by a county unless a computation error occurred as verified by the teacher issuing the grade. Public school systems do not have the discretion to attribute a Pass/Fail credit with no quality points for courses merely because the student transferred from another public school system, home school, or non-public school system.

Weighted Course Grading Scale Average Grade Quality Points 90-100 A

5.0 80-89 B

4.0 70-79 C

3.0 60-69 D

2.0 0-59 F

9.1.h.3. CBEM shall accept a transcript or other credential provided by a public school program, non-public school program, or home school program as record of a student’s previous academic performance for the purpose of placement and credit assignment. CBES shall transcribe the student’s letter grades and quality points from home school programs and non-public school programs denoting that the student received the credit from a source other than a program accredited through Policy 2330, and that the credit was accepted and recognized by a West Virginia public school pursuant to W. Va. Code §18-8-1a.

9.1.i. CBEM and all of those within their purview have the duty and responsibility to oversee educational equity.

W. Va. Code R. § 126-42-10 West Virginia Department of Education (WVDE) Responsibilities

10.1. The WVDE has a primary leadership role in:

10.1.a. defining and developing the framework for education programs and services;

10.1.b. assisting counties to ensure delivery of these programs and student support services;

10.1.c. assuring the WVBE, the Legislature, and the public that a thorough and efficient system of education is being provided;

10.1.d. developing procedures, guidelines, and technical assistance documents necessary to implement WVBE policy and state law;

10.1.e. instituting a system for the coordination and delivery of high quality professional learning. Further, WVDE shall develop, provide, and participate in programs for professional learning based on W. Va. Code §18-2I-1. The West Virginia Professional Learning Reimagined Framework is developed around evidence-based research and supported by and Policy 5500;

10.1.e.1. providing capacity-building resources, high quality professional learning, and technical assistance to counties, IHEs, and related agencies;

10.1.f. encouraging the use of best practices based on quality, scientifically-based research at each programmatic level;

10.1.g. monitoring the implementation of education programs at the state and county level;

10.1.h. administering funds provided and/or authorized by the West Virginia Legislature and other sources; and

10.1.i. providing recommendations to the WVBE to update a plan for a thorough and efficient system of public education.

10.2. Content Standards. The WVDE shall work with stakeholders to oversee the development of content standards set forth in the Policy 2520 series (W. Va. 126CSR44AA through 126CSR44U).

10.3. Statewide Assessment Program. The WVDE shall ensure that public school students participate in the West Virginia Measures of Academic Progress (WV-MAP) identified in Policy 2340.

10.4. Special Education. The WVDE shall ensure special education requirements are implemented and provide technical assistance to assure compliance with federal law and applicable WVBE policy.

10.5. Stakeholder Input and Public Reporting. The WVDE shall:

10.5.a. be accountable to the public and the Legislature through the West Virginia Balanced Scorecard.

10.5.b. disseminate information concerning the content and implications of standards, policies, and state and federal laws to counties, IHEs, the business community, parents, professional organizations, educational agencies, and other individuals and groups.

10.5.c. maintain appropriate records and reports on the status of education programs and approved education personnel development programs.

10.6. State Superintendent of Schools Support. The WVDE shall work for and provide staff support to the State Superintendent of Schools and the WVBE.

10.7. WVVS (Appendix C, Virtual Learning). The WVDE provides virtual instruction through the WVVS and assists counties in developing county virtual instruction programs.

W. Va. Code R. § 126-42-11 West Virginia Board of Education (WVBE) Responsibilities

11.1. The WVBE shall assist counties and other participating agencies in implementing and operating high quality education programs and related services to deliver a thorough and efficient system of public education. The WVBE shall:

11.1.a. oversee policy development procedures, guidelines, and technical assistance documents necessary to implement WVBE policy and state law.

11.1.b. serve as an advocating body to promote research-based best practices and capacity building for a thorough and efficient system of public education.

11.1.c. disseminate information to all stakeholders as applicable.

11.1.d. monitor the implementation and operation of educational programs and related student support services to ensure compliance with state and federal laws and policies.

11.1.e. receive, disburse, and administer state and federal funds designated for the implementation and operation of education programs and related services.

11.1.f. establish and implement the delivery of a thorough and efficient system of education carried out by the State Superintendent of Schools and the WVDE. The WVBE shall adopt standards for effective schools pertaining to all education programs, education personnel development, and related services.

11.1.g. adopt, in collaboration with West Virginia Higher Education Policy Commission (WV HEPC) and Council for Community and Technical College Education (CCTCE), uniform and specific college- and career-readiness standards as outlined in W. Va. Code §18-2-39.

11.1.h. establish partnerships with higher education, business and industry, labor, and community agencies to impact post-secondary opportunities for students.

11.1.i. maintain appropriate records and create required reports for various stakeholder audiences as applicable.

11.1.j. oversee a system for the coordination and delivery of high quality professional learning. Further, the WVBE shall oversee the coordination of the development of and participation in programs for professional learning (W. Va. Code §18-2I-1 and Policy 5500).

11.1.k. provide an effective mechanism for citizens to register concerns if citizens believe that elements of a thorough and efficient system of education are not being provided pursuant to constitutional provisions, statutes, and/or policy as outlined in Policy 7211.

11.1.k.1. The WVBE shall report progress toward attainment of state education goals to the public and the Legislature.

11.1.l. provide consideration for extenuating circumstances, and make exceptions when suitable alternatives are proposed, that ensure the attainment of the same or higher standards through the waiver process outlined in W. Va. Code §18-5A-3.

11.1.m. implement policies, programs, and structures to focus and target attention to educational equity and the elimination of educational gaps.

W. Va. Code R. § 126-42-12 Severability

12.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

GLOSSARY OF TERMS

Acceptable Use Policy -- Implemented by counties to ensure safe and acceptable use of technology (Policy 2460).

Advanced Career (AC) -- Courses in a specific career field that ensure that the course is rigorous enough for students to meet college- and career-readiness standards. Two of the courses are considered foundational and two are more advanced, with the potential for students to earn dual credit.

Advanced Placement® (AP®) -- College-level courses offered in high school that provide students the opportunity to earn credit or advanced standing at most of the nation’s colleges and universities.

Advisory Council -- Definition found in Policy 2520.13, Explanation of Terms.

The Arts -- The programs of study for dance, music, theatre, and visual art.

Career Awareness -- The opportunity for students to learn about and develop an appreciation of the broad concepts related to work, career, and educational preparation.

Career Cluster -- Definition found in Policy 2520.13, Explanation of Terms.

Career Development -- The process through which a student comes to understand the world of work.

Career Exploration -- The opportunity within the education program for students to conduct self‑assessment, access career information, examine multiple career options, and initiate education planning based on a tentative career focus.

Career Integrated Experiential Learning (CIEL) -- Definition found in Policy 2520.13, Explanation of Terms Career Portfolio -- A compilation of student work assembled for the purpose of helping students reflect on their academic goals and progress and creating an archive of accomplishments of educational products and other documentation.

Career Technical Education (CTE) Centers -- Definition found in Policy 2520.13, Explanation of Terms.

County Board of Education Members (CBEM) -- The locally elected governing body charged with the operation of public schools in a county.

County Board of Education Staff (CBES) -- Office staff, including the county superintendent, employed by CBEM.

Class Period -- A block of time provided for instruction in a course within a program of study.

Co-curricular Activities -- Are closely related to identifiable academic programs and/or areas of study that serve to complement academic and technical curricula. Students should be permitted to participate in co-curricular activities, directly tied to the standards and/or programs of study, during the school day and beyond.

College Course -- Any course for which college credit is awarded (e.g., dual credit, regular college course).

Community Readiness -- Allows students with the most significant cognitive disabilities to earn four credits through community-based instruction and community-based work experiences. The four courses may count as electives or to fulfill the students four credit requirements for post-secondary goals as required by the Personalized Education Plan (PEP).

Comprehensive High School -- Definition found in Policy 2520.13, Explanation of Terms.

Comprehensive Middle School -- Connects middle school learning to high school programming by providing learning opportunities for all students integrating academic, social/emotional, and occupational standards.

Comprehensive School Counseling Program -- A program coordinated by a certified school counselor and delivered collaboratively by stakeholders to assist students in achieving academic, personal, and career goals (Policy 2315).

Content Standard -- A broad description of knowledge and skills that students are expected to acquire in a content area.

County/Counties -- Any reference to a county or counties within this policy includes the 55 county boards of education members and county board staff, and the WVBE as the supervisory authority of the West Virginia Schools for the Deaf and the Blind and schools/programs serving incarcerated youth and adults when applicable.

County Leadership Team -- Responsible for supporting the continuous improvement of all schools and for identifying target support and assistance to schools falling below acceptable performance.

County Strategic Plan -- Specifies how the county intends to strengthen the county education program in order to increase student achievement and positively impact other student outcomes (see section 7.1.d.2).

Curriculum -- An intentional learning plan to ensure students achieve the goals of the standards and is the responsibility of the CBEM, CBES, school administrators, and teachers. The curriculum represents the learning experience.

Diploma -- Formal documentation and recognition that a student has satisfactorily completed the graduation requirements of the state and county.

Regular Diploma is awarded to all students who have satisfactorily completed the graduation requirements for the state and county.

The state-defined alternate diploma is standards-based, aligned with state requirements for the regular high school diploma, and can be obtained within the time period for which the state ensures the availability of a free and appropriate public education (FAPE).

Dual Credit -- Provides students enrollment in both high school and college coursework. Such coursework must meet both the specified course content standards for secondary offerings and the college course requirements.

Dual Enrollment -- Provide students enrollment in both the high school and Career Technical Center.

Early Childhood Classroom Assistant Teacher (ECCAT) -- Instructional support personnel for Pre-K through Grade 3 classrooms as outlined in Policy 5202.

Education Program -- A structure for defining, delivering, and being accountable for a thorough and efficient system of education. This structure is applicable at the state, county, and school levels.

Educational Equity -- The duty and responsibility of the education system to create environments, provide access, and structure supports for the individual child that will assist them in their social/emotional/ academic growth, regardless of their identity or background.

Electives -- Courses students may choose to study based on interest.

Eligible Students with Disabilities -- Students having one or more of the disabilities defined in 20 U.S.C. §1400 et. seq., The Individuals with Disabilities Education Act and Policy 2419 and who, by reason thereof, require special education and/or related services.

Eligible Students with Exceptionalities -- Students who are gifted or exceptional gifted as defined in the Policy 2419 and/or who meet the definition of eligible students with disabilities in this policy and the Policy 2419 and who, by reason thereof, need special education and related services.

Embedded Credit -- Incorporation of content standards for an embedded credit from one credit bearing high school course into another (host) course(s) and allows students to earn credit for both. There must be an 80 percent alignment of standards between the host course and original course to warrant embedded credit. Embedded credit does not allow for two courses in the same content area (e.g., English 11 and English 12) to be embedded into one course.

End-Of-Course/Program of Study Tests (EOC) -- Assessments that measure student achievement in a course based on the approved content standards for each course/program of study.

English Learners -- Students who, in accordance with the requirements of Policy 2417, have been determined to be Limited English Proficiency (LEP) and in need of specially designed instruction.

Exploratory CTE Course -- Definition found in Policy 2520.13, Explanation of Terms.

Extended Learning Opportunities -- The primary acquisition of knowledge and skills through instruction or study outside of the traditional classroom.

Extracurricular Activities -- Activities that are not part of the required instructional day or curricular offerings but are under the supervision of the school. School facilities may be used for athletics, non-instructional assemblies, social programs, entertainment, and other similar activities. All rules and policies that apply to the instructional day also apply to extracurricular activities (Policy 2436.10).

Extra-curricular/Interscholastic Physical Education Graded -- A blended learning approach that combines a free online Physical Education (PE) course, monitored by the physical education teacher, with an extra-curricular/interscholastic activity or sport fulfilling the high school PE credit requirement. The physical education teacher may issue and transcript a grade for this course if the county chooses to utilize this option.

Extra-curricular/Interscholastic Physical Education Non-Graded -- Utilization of a sport or a physically active extra-curricular/interscholastic activity to fulfill the one credit PE requirement. The course must be transcribed as non-graded (pass/fail) if the county chooses to utilize this option.

Formative Assessment Process -- Used by teachers to guide daily instruction. Appropriate formative assessment processes provide data to inform classroom instruction. Various forms of evidence demonstrating students’ progressions of learning across content areas are utilized to personalize learning.

Grade Level -- The class structure that is used to organize and deliver education within West Virginia public schools. The public school education experience is divided into levels, Pre-K-12.

Graduation Requirements -- The number of required and elective units of credit that must be earned by a student in order to be graduated from high school (see section 6.1).

High School Equivalency (HSE) Test -- Definition found in Policy 2444.4.

Homebound/Hospital Services -- Educational services for a student, due to injury or illness as certified in writing by a licensed physician who specializes in the health condition, temporarily confined to home or hospital for a period of more than three consecutive weeks.

Individualized Education Program (IEP) -- A written statement for each eligible student with a disability, gifted (Grades 1-8), and/or exceptional gifted student (Grades 9-12) that is developed, reviewed, and revised in accordance with Policy 2419.

Individual Work Ready Competencies (IWRC) -- Definition found in Policy 2520.13, Explanation of Terms.

Instructional Day -- Time allocated within the school day for the teaching and mastery of content standards.

Integrated Physical Education (PE) -- A blended learning approach that combines a free abbreviated online PE course, monitored by the PE teacher, with a physically active credit-bearing elective course (e.g. Show Choir, Dance, etc.). Students will receive both a PE credit and a credit for the physically active course if the county chooses to utilize this option.

International Baccalaureate Diploma Program (IB) -- A comprehensive two-year international curriculum designed for highly motivated secondary school students aged 16-19. IB is a rigorous pre-university course of study that leads to examinations. IB students may receive college credit for successful completion of IB courses.

Intervention -- Additional instruction and time, utilizing multiple strategies and assessments, to ensure student mastery of the content standards. The practice of removing students to receive extra support while attending any required course for intervention is discouraged.

Learning Skills -- The skills of information gathering, organizing, and communicating, critical thinking and problem-solving, personal and workplace productivity skills, and proficiency in the use of technology tools. Learning skills enable students to acquire new content knowledge and skills, connect new information to existing knowledge, and learn new ways of completing tasks using technology tools.

Literacy-rich Environment -- An environment that emphasis the importance of speaking, reading, and writing in all content areas. This environment involves the selection of materials that will facilitate language and literacy opportunities, reflection and thought regarding classroom design, and intentional instruction and facilitation by teachers and staff.

Local School Improvement Council (LSIC) -- A school advisory group composed of three teachers, three parents, two service employees, the principal, two at-large members appointed by the principal, and one student from a school enrolling students in Grade 7 or higher. The LSIC focuses on improving the education program and operation of the school; has authorization to request waivers of policy and State Superintendent of Schools interpretations; assists in the development of the Strategic Plan; and can apply for grants and awards.

Mastery -- Student has met the grade or course level expectations for the content standards.

Multi-county Center -- Definition found in Policy 2520.13, Explanation of Terms. Refer to Policy 3232.

Multicultural Education -- Educational strategies that provide students with information about the histories, cultures, and contributions of diverse groups.

Personalized Education Plan (PEP) -- A plan developed to guide students and their parent/guardian to thoughtfully explore individual interests and aptitudes in relation to academic and career planning. Each student’s course selections are based on individual career aspirations and post-secondary plans.

Personalized Learning (PL) -- A process that counties and schools must use to ensure every learner is engaged in learning experiences that are relevant to their needs and maximize their growth.

Pre-Kindergarten (Pre-K) -- The voluntary education program for all four-year-old children and for three‑year-old children with identified special needs that addresses the growth and development of children in the areas of social/emotional growth, the arts, physical health, language and literacy, mathematics, social studies, and science. West Virginia’s Pre-K is a readiness system designed to promote the success of children in Kindergarten and lifelong learning (Policy 2525).

Prescribed Credits -- The required credit courses that are specifically prescribed to meet high school graduation requirements.

Personalized Course Credit Options -- Courses that may be personalized by student and school staff to meet graduation requirements based on the student’s post-secondary plans.

Program of Study -- Definition found in Policy 2520.13, Explanation of Terms.

Programmatic Level -- A component of the Pre-K-12 educational spectrum that addresses the developmental needs of one age group of students. Programmatic levels described in this document include Early Learning Programs (Grades Pre-K-5), Middle School Programming (Grades 6-8), and High School Programming (Grades 9-12).

Required Courses -- Courses that all students must complete.

School Curriculum Team -- Provides professional opportunities for teachers, administrators, and other school personnel that allow them to have a direct voice in the operation of their schools and to create a culture of shared decision-making focused on the ultimate goal of raising student achievement (W. Va. §18-5A-6).

School Day -- The time, inclusive of the instructional day, homeroom, class changes, breaks/recess, lunch, and other non-instructional activities.

School Improvement -- A continuous process to increase student achievement and positively affect other student outcomes. School improvement builds the capacity of all entities, both state and county, to improve student success at the school level.

School Strategic Plan -- Specifies how the school intends to increase student achievement and positively impact other student outcomes. The School Strategic Plan must be developed and implemented using a continuous improvement process, be based on all available data regarding student achievement, and align with the goals of the County Strategic Plan.

Seal of Biliteracy -- An award given by a school, county, or state recognizing students who have studied and attained proficiency in two or more languages.

Section 504 -- Section of the Rehabilitation Act of 1973 (29 U.S.C. §701) that prohibits discrimination by recipients of federal financial assistance. Section 504 provides a broad spectrum of protections against discrimination, which includes instruction, athletics, and extracurricular activities.

Semester -- A block of instructional time that is equivalent to at least one-half of the school year. For example, 90 instructional days are equal to a semester in a traditional school term of 180 instructional days.

Simulated Workplace -- Definition found in Policy 2520.13, Explanation of Terms.

Student Assistance Team (SAT) -- A school-based team consisting of at least three persons, including a school administrator or designee to serve as the chairperson, a current teacher(s), and other appropriate staff, who have specialized training in multi-tiered systems of support (MTSS), alternate educational placements, procedures for multidisciplinary evaluations, disciplinary procedures, and other school processes. This team meets regularly to conduct the problem-solving process for individual students whose academic, mental health, or behaviorial struggles are impeding their success in the school environment.

Technology Integration -- The use of technology throughout content areas to help students master the approved content standards, including standards found in Policy 2520.14, and become lifelong learners.

Technology Tools -- Electronic and digital resources that can support students and teachers in the delivery and testing of content. Technology tools, when integrated into classroom instruction, enable students to access, manage, integrate, and evaluate information across content areas, construct new knowledge, and communicate efficiently with others.

Transcript -- A transcript is an official document that serves as a record of a student's academic journey issued by an entity authorized to provide education to a student. The transcript shall include the following information: entity issuing transcript (county/school, if applicable), courses taken, grades and credits earned, cumulative GPA, and date of graduation (if applicable).

Waiver -- The ability of the CBEM to grant exemptions from county policy requirements; and the ability of the WVBE to grant exemptions from state policy requirements .

West Virginia Early Learning Reporting System (WV ELRS) -- A data reporting system based on the formative assessment process that allows Pre-K through Grade 2 educators the opportunity to gauge the extent to which students are working toward development of proficiency across standards.

West Virginia Balanced Scorecard -- Information provided to parents and the general public on the quality of education in the public schools that is uniform and comparable among schools within and among the counties as defined in W. Va. Code §18-2E-4.

West Virginia Tiered System of Support (WVTSS) -- A framework which suggests flexible use of resources to provide relevant and appropriate academic, behavioral, and mental health support to enhance learning for all students.

Work Day for Teachers -- Time allocated for the instructional day and other activities such as homeroom, class changes, lunch, planning periods, and staff development that may not exceed eight clock hours.

Appendix A: Required County Board of Education Members (CBEM) Policies Resulting from Policy 2510 Policy Credit Recovery Policy CBEM shall adopt policies and programs that allow students to recover credit for failed high school courses. Researched-based successful credit recovery programs require students to successfully master content rather than repeat an entire course. A county may also choose to offer a face-to-face, teacher-led credit recovery option utilizing their own instructional resources. When a student retakes a failed course through credit recovery both grades shall be transcribed and the county credit recovery policy or grading policy will determine how the GPA is calculated.

County Virtual Instruction Program Policy A full-time or blended virtual school program beyond the WVVS requires CBEM or a multi-county consortium to adopt a virtual instruction program policy (W. Va. Code §18‑5F‑1) for one or more schools serving any composition of grades Kindergarten through 12. When there is a multi-county consortium, each county in the consortium shall adopt a policy creating the virtual instruction program. No eligible students in grades Kindergarten through 5 may participate in a virtual instruction program until after the program has been in operation for one full school year.

See Appendix C, Virtual Learning, for more information.

Dual Credit Policy CBEM shall adopt a policy (W. Va. Code §18B-1-1) that allows students to earn credit for completion of college courses and other advanced courses outside the school setting. Dual credit policies and revisions must be reviewed by the WVDE. If dual credit courses are used to meet graduation requirements, the alignment documentation must be reviewed by the WVDE. Counties must annually update dual credit course offerings in the online dual credit application.

Embedded Credit Policy CBEM are encouraged to establish policy which permits a student who masters the approved content standards for a credit-bearing high school course that are embedded within a second course to receive credit for both courses. If these embedded credit courses are used to meet graduation requirements, the county policy and alignment documentation must be reviewed by the WVDE and approved by the WVBE.

Extended Learning Opportunities Policy CBEM shall adopt an alternative education opportunities policy that facilitates implementation and participation in extended learning opportunity elective credit programs.

Grading Policy CBEM shall adopt a policy for grading. The Uniform Grading Scale outlined in this policy shall be utilized for all credit bearing courses. The policy should also address GPA calculations.

Home School Policy CBEM shall develop a policy for the process of enrolling a home school student into a public school.

Note: A West Virginia student or a student from another state who is eligible to enroll in a public school in this state shall be enrolled in the same grade in a public school in West Virginia as the student was enrolled at the school or program from which the student transferred (W. Va. Code §18-8-1a.C).

Homework Policy CBEM shall adopt a policy for student homework.

Instructional Resources CBEM shall adopt a policy regarding the adoption of instructional resources per Policy 2445.40.

Appendix B: Training Required in Policy 2510 Training Advanced Placement® (AP®) Teacher Training Teachers of AP® courses must attend an Advanced Placement Summer Institute (APSI) once every three years after completing the initial APSI. Teachers of AP® courses may also meet the requirement for attendance at the APSI by holding the Advanced Placement® credentials outlined in Policy 5202. Pre-AP® teachers must complete Pre-AP® professional learning prior to school implementation.

Teachers of AP® courses will be exempt from attending the APSI during their rotation year if one of the following apply:

The teacher has a student passage rate (scores of 3 or higher) of at least 80 percent on the AP® exam in that course the year prior to attending training.

The teacher holds a current AP® advanced credential.

AP® Administrator and Coordinator Training Administrator from each high school must attend a WVDE College Board endorsed AP®-related workshop once every two years; and AP® coordinators must attend an AP® Coordinator’s workshop annually.

Multicultural Education Training Annually provide a program for all personnel, during at least one non-instructional day of the school term, in global competence and the study of diversity and multicultural education as per W. Va. Code §18-5-15a.

Appendix C: Virtual Learning Virtual Learning Virtual learning enables students to learn from remote sites, learn at times other than the normal school day, and learn at a different pace and gives students access to courses that would not be available in their schools.

Counties will offer a full-time virtual option for students in Grades 6-12, either through the WVVS or a county policy and vendor.

WVVS

The WVVS, as per W. Va. Code §18-2E-9, was created to assure consistent, high quality education for West Virginia students while utilizing technology-delivered courses. The WVVS only offers instruction for Grades 6-12 through West Virginia Learns. For virtual courses, other than World Languages, containing more than 25 students, counties shall provide their own instructor, either through the WVVS platform or a county virtual school instruction program.

County Virtual Instruction Program As per W. Va. Code §18-5F-1 et seq., a CBEM or a multi-county consortium may create a virtual instruction program for one or more schools serving any composition of Grades Kindergarten through 12 by adopting a policy creating the program. When there is a multi-county consortium, CBEM in the consortium shall adopt a policy creating and monitoring the virtual instruction program.

Policy All counties are required to have a virtual instruction program policy.

The policy adopted by the CBEM pursuant to this section shall govern the virtual instruction program offered by the county or multi‑county consortium.

The policy shall be consistent with W. Va. Code §18-5F-1 et seq., and may offer eligible students in Grades Kindergarten through 12 an online pathway for earning a high school diploma and, at a minimum, shall include the following: the scope, instructional model, and capacity for the virtual education program; assessment protocol and specific requirements for monitoring performance that are consistent with W. Va. Code §18-2E-5, including, but not limited to, students participating in county virtual instruction must participate in the statewide summative assessment; a plan for monitoring students receiving virtual instruction in accordance with pacing and completion of the required virtual coursework: Provided, that, if virtual instruction occurs in a public school classroom, then a teacher, professional personnel, professional educator, or paraprofessional employed by that county must be present to monitor students; qualifications of faculty, which at a minimum shall include a teaching certificate issued pursuant to W. Va. Code §18A-3-1 et seq. and WVBE policies; and requirement that any virtual school provider will comply with state and federal privacy laws.

Course Approval Online or virtual course content will be reviewed for correlation with the current WVBE content standards. Courses shall include appropriate instructional resources.

Course providers will adhere to the state and federal privacy regulations regarding students.

Coursework offered through a virtual instruction program shall be aligned to the appropriate academic standards as required by state law and WVBE policies.

After adopting a policy, the county or multi-county consortium may contract with virtual school vendors or utilize the West Virginia Virtual School.

Responsibilities The county superintendent shall designate a virtual instruction program contact at the school level who will be responsible for registering students. Any costs incurred by the county WVVS contact are the responsibility of the county.

Each school is responsible to assign specific individuals to monitor student progress, proctor exams, and post student final grades to WVEIS.

Each school is responsible for providing onsite technology and support to any student enrolled in a virtual or online course.

Counties shall annually provide to the WVDE Office of Teaching and Learning a copy of their virtual instruction program policy; a list of their chosen virtual school providers; number of students per grade level enrolled in their virtual instruction program; the number of students who are enrolled in the full-time virtual instruction program and the number who participated in a blended virtual instruction program; the number of students who were homeschooled, the number of students enrolled in a private school, and the number of students enrolled in a public school immediately preceding enrollment in the virtual instruction program; and how the students enrolled in a virtual instruction program performed academically as compared with students in a traditional classroom setting.

Funding The cost of WVVS courses are the responsibility of the county.

The WVVS may provide funding, when available, for online and virtual courses based on legislative appropriations specific to virtual instruction.

Funding for online or virtual courses and associated materials may be provided through county instructional budgets or grant awards.

An eligible student enrolled in a virtual instruction program shall be counted in the net enrollment of the county in which the student resides for the purposes of calculating and receiving state aid.

Instructional Resources Appropriate instructional resources are provided for all courses within the WVVS.

Credit recovery options are available through the WVVS.

Each county must ensure its virtual program instructional resources meet the minimum WVDE Instructional Resources Criteria for each content area.

Each county will select virtual/online resources that will be used to provide opportunities for credit recovery. This does not include resources used to deliver first-time course credit. When selecting additional credit recovery resources, the following protocols should be met: verify that a county team of educators has reviewed the credit recovery program content for the respective courses to ensure that the material aligns with the approved content standards; provide the WVDE with the name(s) of instructional resources used for credit recovery purposes; and follow all state and county purchasing procedures when obtaining course materials.

Appendix D: Personalized Education Plan (PEP) Development and Requirements Personalized Education Plan Development The Personalized Education Plan (PEP) guides students’ course selections based on individual career aspirations and post-secondary plans. The PEP is developed for each student in consultation with the student’s parent/guardian, school counselor, and advisor. The PEP is used to guide, personalize, and maximize each student’s learning experience. Students continue to develop, update, and revise their PEP yearly using a thoughtful process that includes career investigation and self-discovery activities (e.g., interest, work values inventories) that assist students in identifying a career post-secondary education goal. Each student’s individual assessment will be reviewed to ensure academic planning maximizes individual strengths, addresses weaknesses, and aligns with interests. 6th - 8th Grades School staff will provide a school-wide, systematic guidance and advisory approach to ensure that PEP planning and career exploration are multi-faceted and individualized, guiding students and their parent/guardian to thoughtfully explore individual interests and aptitudes in relation to academic and career planning. Beginning in 6th grade the advisor ensures each student has multiple opportunities to investigate careers in each of the 16 career clusters, explore post-secondary training options related to various careers, and complete a variety of self-discovery inventories. 8th Grade During the 8th grade year, the first phase of the student’s PEP is developed to identify a career cluster program of study, and course selections for Grades 9 and 10 utilizing information gained from self-discovery and career investigation occurring in Grades 6-8. Each student, in consultation with the student’s parent/guardian and the school counselor, advisor, and/or Individualized Education Program Team (IEP Team), will have the opportunity to select a state-approved, broad career cluster and a program of the area of interest for future exploration in high school. School counselors and/or student advisors actively engage the parent/guardian and student to discuss and finalize the PEP. Upon agreement to the final PEP, signatures of the student and parent/guardian are secured and the advisory and counselor sign to verify their input. The student and parent/guardian are provided a copy of and/or digital access to the PEP. 10th Grade During Grade 10, the second phase of the PEP is developed. Students identify course selections for Grades 11 and 12 and determine post-secondary plans for the first year after high school. 9th – 12th Grades Students review, update, and revise their PEP in collaboration with the school counselor, teachers, advisors, and parent/guardian. Review of the PEP will include academic offerings, career plans, review of various interests, learning styles, career inventories, and academic assessments to guide changes to course selections.

Students may review, update, and revise their PEP at the end of any semester as long as it does not interfere with the completion of graduation requirements based on the availability of on-site and virtual courses, and other alternative means for earning high school credit per this policy.

If there is a course substitution, a notation must be made on the student's PEP indicating that the process has been followed and that the parent/guardian and students have clearly understood the impact of the course substitution. The parent/guardian and student each have signed and received a copy of the modified PEP.

For students with disabilities, the PEP and the transition section of the IEP should align to ensure that the student is working on a consistent set of goals that will facilitate movement from school to post-school activities in accordance with Policy 2419.

The PEP may include co-curricular activities and extracurricular activities.

Ensure that students have the opportunity to complete the FAFSA as part of the senior year PEP review.

For an eligible gifted student, a four-year education plan is developed during Grade 8 by an IEP Team. The PEP can replace the four-year education plan. Also refer to Policy 2419.

Appendix E: Policies Cited in Policy 2510 Code of State Policy Rules (CSR) Title 2315 126CSR67 Comprehensive School Counseling Programs 2322 126CSR12 West Virginia Accountability System 2330 126CSR13C Non-public School Accreditation 2340 126CSR14 West Virginia Measures of Academic Progress 2417 126CSR15 Regulations and English Language Proficiency Standards for English Learners and Alternate English Language Proficiency Standards for English Learners with Significant Cognitive Disabilities 2419 126CSR16 Regulations for the Education of Students with Exceptionalities

2422.7 126CSR25A Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis By a Student 2423 126CSR51 Health Promotion and Disease Prevention

2436.10 126CSR26 Participation in Extracurricular Activities

2444.4 126CSR32 Issuance of the State of West Virginia High School Equivalency Diploma and the Administration of the West Virginia High School Equivalency Test, Option Pathway, and Mountaineer ChalleNGe Academy Graduation Pathway

2445.40 126CSR35 Instructional Resources 2460 126CSR41 Educational Purposes and Acceptable Use of Electronic Resources, Technologies, and The Internet 2510 126CSR42 Assuring the Quality of Education: Regulations for Education Programs 2512 126CSR30 Tiered System of Support for Early Literacy and Numeracy 2520.1A 126CSR44AA West Virginia College- and Career-Readiness Standards for English Language Arts 2520.2B 126CSR44BB West Virginia College- and Career-Readiness Standards for Mathematics 2520.3C 126CSR44CC West Virginia College- and Career-Readiness Standards for Science

2520.4 126CSR44D West Virginia College- and Career-Readiness Standards for Social Studies

2520.5 126CSR44E West Virginia College- and Career-Readiness Standards for Wellness Education

2520.7 126CSR44G West Virginia College- and Career-Readiness Standards for World Languages

2520.8 126CSR44H West Virginia Driver Education Standards

2520.9 126CSR44I West Virginia College- and Career-Readiness Standards for The Arts

2520.13 126CSR44M West Virginia College- and Career-Readiness Programs of Study/Standards for Career Technical Education

2520.14 126CSR44N West Virginia College- and Career-Readiness Standards for Technology and Computer Science

2520.15 126CSR44O West Virginia Pre-K Standards (Ages 3-5)

2520.19 126CSR44U West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12 2525 126CSR28 West Virginia’s Universal Access to a Quality Early Education System 3234 126CSR73 School Calendar 4110 126CSR81 Attendance Code of State Policy Rules (CSR) Title 4336 126CSR92 West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses 4350 126CSR94 Procedures for the Collection, Maintenance, and Disclosure of Student Data 4373 126CSR99 Expected Behavior of Safe and Supportive Schools 5100 126CSR114 Approval of Educational Personnel Preparation Programs 5202 126CSR136 Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classification 5500 126CSR149 Professional Learning for West Virginia Educators

5500.03 126CSR147 Rules for Required Qualities, Proficiencies, and Leadership Skills for Principals 6200 126CSR172 Handbook on Planning School Facilities 7211 126CSR188 Conflict Resolution Process for Citizens

Series 044AA West Virginia College and Career-Readiness Standards for English Language Arts (Policy 2520.1A)

W. Va. Code R. § 126-44AA-1 General

1.1. Scope. -- W. Va. 126CSR42, West Virginia Board of Education (hereinafter WVBE) Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (hereinafter Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.1A defines the content standards for the English Language Arts (hereinafter ELA) as required by Policy 2510. Additionally, Policy 2520.1A defines the optional standards for library media.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §18-2-5 and §18-9A-22.

1.3. Filing Date. -- July 9, 2020.

1.4. Effective Date. -- August 10, 2020.

1.5. Repeal of Former Rule. -- This legislative rule revises W.Va. 126CSR44AA WVBE Policy 2520.1A, West Virginia College- and Career-Readiness Standards for English Language Arts, filed December 18, 2015, and effective July 1, 2016, and repeals W. Va. 126CSR44Q WVBE Policy 2520.17, Library Media Content Standards and Objectives for West Virginia Schools, filed December 19, 2005, and effective January 18, 2006.

W. Va. Code R. § 126-44AA-2 Purpose

2.1. This policy defines the content standard for the programs of study required by Policy 2510 in English Language Arts as well as the content standards for optional programs of study for library media.

W. Va. Code R. § 126-44AA-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards for English Language Arts is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education (hereinafter WVDE), Office of Middle/Secondary Learning. §126-44AA.4. Summary of the Content Standards.

4.1. The WVBE has the responsibility of establishing high quality standards pertaining to all educational standards pertaining to all education programs (W. Va. Code §18-9A-22). The content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. The document includes content standards that reflect a rigorous and challenging curriculum for English Language Arts and Library Media.

W. Va. Code R. § 126-44AA-5 Severability

5.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

College- and Career-Readiness Standards for English Language Arts Introduction West Virginia’s College- and Career-Readiness Standards have been developed with the goal of preparing students for a wide range of high-quality post-secondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The West Virginia College- and Career-Readiness Standards establish a set of knowledge and skills that all individuals need to transition into higher education or the workplace, as both realms share many expectations. All students throughout their educational experience, should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

West Virginia’s College- and Career-Readiness Standards for English Language Arts promote proficiency in reading a range of material, fluency in writing in several modes, adaptability in verbal and written communication, and integrity in responsible collaboration with peers. Students will develop problem solving and critical thinking skills independently and collaboratively as they engage in the four domains of reading, writing, speaking/listening, and language. College- and career-readiness is supported in English language arts as students acquire and further develop their abilities to be critical consumers of what they read or hear and informed sources when they write or speak.

The West Virginia College- and Career-Readiness Standards are the result of a statewide public review of the state’s educational standards held in 2015. In 2019, as part of the WVBE’s content standard revision cycle, the West Virginia College- and Career-Readiness Standards for English Language Arts were reviewed by a team of diverse stakeholders, including educators, administrators, representatives from higher education, parents, and community members who made recommendations for revisions. The West Virginia College- and Career-Readiness Standards incorporate the feedback provided by these stakeholders.

Explanation of Terms Domains are the broad components that make up a content area. English language arts is primarily composed of four domains: reading, writing, speaking/listening, and language. In Kindergarten through Grade 8, an additional domain is present: Literacy Foundations.

Students are expected to master foundational literacy skills in order to become proficient readers with the capacity to comprehend, discuss, and write to increasingly complex texts as they mature. The foundational literacy skills include print concepts, phonological awareness, phonics and word recognition, and fluency as well as morphology, context use, and handwriting. These foundations are critical to the development of literacy and require explicit instruction and intervention when necessary. In Grades 6 through 8, the Literacy Foundations domain transitions to focus on applying previously learned skills to increasingly complex texts and tasks.

Language – Students will learn and apply the standard rules of written and spoken English while approaching language as a matter of craft and informed choice among alternatives to communicate. Students will understand words and phrases, their relationships, and their nuances and acquire new vocabulary, particularly general academic and domain-specific words and phrases.

Reading – The development of proficient reading skills is critical for mastering academic content. Students must show a steadily growing ability to discern more from and make fuller use of text. This includes making an increasing number of connections among ideas and between texts, considering a wider range of textual evidence and becoming more sensitive to inconsistencies, ambiguities, and poor reasoning in text. Students will gain exposure to a range of texts and tasks. Rigor is also infused through the requirement that students read increasingly complex texts through the grades. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as figurative language, historical context, and layers of meaning), and reader and task considerations (such as student interest/motivation and instructional goal for reading).

Speaking/Listening – Students will be required to communicate ideas clearly and efficiently, including but not limited to formal presentation. They will use oral communication and interpersonal skills as they work together. They will need to be able to express and listen carefully to ideas, integrate information from oral, visual, quantitative and media sources, evaluate what they hear, use media and visual displays strategically to help achieve communicative purposes, and adapt speech to context and task.

Writing – Students will apply writing skills and strategies to communicate effectively for different purposes using specific writing types. They will use the writing process by appropriately applying the organization of ideas, development of main ideas and supporting details, varied sentence structure, word choice, and mechanics. Using a variety of literary and informational texts, print sources, and media sources, students will select, organize, and evaluate for research purposes.

Clusters are smaller groups of standards that provide an organizational structure for the overarching skills and understandings that students must demonstrate to be college- and career- ready.

Standards are the specific expectations for what students should know, understand, and be able to do by the end of each grade level; standards represent educational goals.

Numbering of Standards The numbering for each standard is composed of three parts, each part separated by a period: the content area code (e.g., ELA for English language arts), the grade level or high school course, and the standard.

Illustrations: ELA.3.1 refers to English language arts, grade 3, standard 1. ELA.C.14 refers to high school Creative Writing and Reading, standard 14.

Abbreviations C – Creative Writing and Reading TE – Technical English Language Arts T – Transition English Language Arts for Seniors The following standards will be organized and numbered continuously for English language arts in grades K-12*. The chart below demonstrates how the standards are organized by cluster and domain for grades K-12*.

Literacy Foundations (Grades K-8)

Foundation I-V Standards 1-6 Standards 7-12 Standards 13-17 Standards 18-19 Standards 20-22 Standards 23-25 Standards 26-28 Standard 29 Standards 30-32 Standards 33-35 Standards 36-37 Standard 38 Standards 39-41 *Standards for additional high school courses are presented at the end of the document and feature their own course-specific organizational charts.

College- and Career-Readiness Indicators for English Language Arts The grades K-12 standards define what students should know, understand, and be able to do by the end of each grade level. They correspond to the College- and Career-Readiness Indicators for English language arts below by cluster. The College- and Career-Readiness Indicators and grade-specific standards are necessary complements – the former providing broad standards, the latter providing additional specificity – that together define the skills and understandings that all students must demonstrate to be college- and career-ready.

Literacy Foundations (K-8)

Cluster: Fluency – Students practice reading a variety of texts to gain the ability of reading accurately and with appropriate rate and expression. Because fluent readers do not have to struggle with decoding individual words in a text, they are able to focus on the meaning of the text and gain greater comprehension.

Cluster: Phonics and Word Recognition – Students learn to connect their understanding of oral language to written text. Students examine simple letter-sound correspondences to more complex spelling patterns following a specific scope and sequence. Accurate word recognition and decoding yield fluent readers with better comprehension.

Cluster: Handwriting - Students develop fine motor skills as they connect letter names with their shapes and begin to express themselves with written language. The development of handwriting skills creates a bridge to phonics development and written expression. Students will move from print to cursive or joined italics to fluently and clearly express themselves as writers.

Cluster: Phonological Awareness – Students orally identify and manipulate individual whole words, syllables, and sounds to demonstrate their awareness of the spoken language. As students move to phonemic awareness of individual sounds, they will demonstrate critical skills needed for reading including segmenting and blending sounds in words.

Cluster: Print Concepts – Students explore print directionality and mechanics as they distinguish between sentences, words, and letters in text. They realize that written language is related to oral language and that text has meaning. The ability to understand how print works leads to the learning of reading and writing.

Cluster: Key Ideas and Details – Students read closely to determine what is said explicitly as well as to determine the central ideas or themes of texts. Students also analyze how and why central ideas or themes, individuals, events, and details develop and interact over the course of the text supporting their conclusions with specific evidence from the text when writing or speaking.

Cluster: Craft and Structure – Students analyze how specific parts of a text contribute to the overall structure as well as how specific word or phrase choices shape meaning and tone. Students also assess how point of view or purpose shapes the content and style of text and evaluate the effectiveness or impact of authors’ choices.

Cluster: Integration of Knowledge and Ideas – Students evaluate content from a range of print, non-print, and digital texts and media integrating it appropriately to build knowledge or to compare authors’ approaches. Students also delineate and evaluate arguments and specific claims within texts placing an emphasis on examining the validity of the reasoning and relevance and sufficiency of the evidence used to support the argument and claims within the text.

Cluster: Range of Reading and Text Complexity – Students read and comprehend increasingly complex literary and informational texts each year with the goal of reaching college- and career-readiness by the end of Grade 12. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as figurative language, historical context, layers of meaning), and reader and task considerations (such as student interest/motivation and instructional goal for reading). With regard to quantitative complexity, to be college- and career-ready, students should read and comprehend texts that fall between 1185L and 1385L on the Lexile scale independently and proficiently.

Cluster: Text Types and Purposes – Students write a variety of text types for diverse purposes to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence, to examine and convey complex ideas and information clearly and accurately through the effective selection, organization, and analysis of content, and to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Cluster: Production and Distribution of Writing – Students use the writing process to produce clear and coherent writing and strengthen writing as needed to ensure the development, organization, and style are appropriate to task, purpose, and audience. Students also use a variety of technology tools to produce and publish writing and to interact and collaborate with others.

Cluster: Research to Build and Present Knowledge – Students engage in a range of research projects in which they gather information from multiple print, non-print, and digital sources assessing the credibility and accuracy of each source and demonstrating understanding of the subject by integrating information from a variety of sources while avoiding plagiarism. Students also draw evidence from literary and informational texts to support analysis, reflection, and research.

Cluster: Range of Writing – Students write routinely over extended time frames for research, reflection, and revision and shorter time frames for a range of tasks, purposes, and audiences.

Cluster: Comprehension and Collaboration – Students prepare for and participate effectively in a range of conversations and collaborations with diverse partners, building on other’s ideas and expressing ideas clearly and persuasively; they also integrate and evaluate information presented in diverse media and formats and evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric.

Cluster: Presentation of Knowledge and Ideas – Students present information, findings, and supporting evidence clearly with organization, development, and style appropriate to task, purpose, and audience making strategic use of digital media and visual displays, adapting speech to a variety of contexts and tasks, and demonstrating command of formal English when indicated or appropriate.

Cluster: Conventions of Standard English – Students demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing and command of the conventions of Standard English grammar and usage when writing and speaking.

Cluster: Knowledge of Language – Students apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Cluster: Vocabulary Acquisition and Use – Students demonstrate understanding of figurative language, word relationships, and nuances in word meanings, determining or clarifying the meaning of unknown and multi-meaning words and phrases by using context clues, analyzing meaningful word parts, and consulting general and specialized reference materials as appropriate. Overall, students acquire and accurately use a range of general academic and discipline-specific words and phrases sufficient for reading, writing, speaking, and listening at the college- and career-readiness level and demonstrate independence in gathering vocabulary knowledge when encountering an unknown term important to comprehension or expression.

English Language Arts – Kindergarten All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In kindergarten, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for kindergarten in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as conceptual knowledge), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of opinion, informative, and narrative writing. Students in kindergarten will advance through a developmentally-appropriate progression of standards. The following chart represents the highlights the college- and career-readiness indicators that will be developed in kindergarten:

College and Career Readiness Indicators for Kindergarten Name and print upper-and lower-case letters.

Recognize and reproduce the structure of sounds in language.

Understand the basic organization and features of print.

Participate in daily read alouds of complex texts to build knowledge and vocabulary Retell familiar stories and talk about stories read to them using details from the text.

Ask and answer questions about key details in literary and informational texts read aloud.

Use a combination of drawing, dictating, and writing to compose opinion and informative pieces, and to narrate events.

Participate in collaborative conversations about kindergarten topics and texts and follow agreed-upon rules for discussions.

Speak audibly to express thoughts, feelings, and ideas clearly.

Understand and use nouns, verbs, plurals, prepositions, and question words.

Produce complete sentences in shared language activities.

Capitalize the first word of a sentence and recognize end punctuation.

Spell simple words phonetically using letter-sound relationships.

Learn and use words acquired through read alouds and conversations.

ELA.K.I

Read emergent- and beginner- reader texts with purpose and understanding.

ELA.K.II

Demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary or many of the most frequent sounds for each consonant.

Associate common spellings with the five major short vowel sounds.

Read common high-frequency words by sight.

Distinguish between similarly spelled words by identifying the sounds of the letters that differ.

ELA.K.III

Print upper- and lowercase letters.

Phonological Awareness ELA.K.IV Demonstrate understanding of spoken words, syllables, and sounds (phonemes).

Recognize and produce rhyming words.

Count, pronounce, blend, and segment syllables in spoken words.

Blend and segment onsets and rimes of single-syllable spoken words.

Isolate and pronounce the initial, medial vowel, and final sounds in three-phoneme words (i.e., consonant-vowel-consonant, hereinafter CVC). This does not include CVCs ending with /l/, /r/ or /x/.

Add or substitute individual sounds in simple, one-syllable words to make new words.

Print Concepts ELA.K.V Demonstrate understanding of the organization and basic features of print.

Follow words from left to right, top to bottom, and page by page.

Recognize that spoken words are represented in written language by specific sequences of letters.

Understand that words are separated by spaces in print.

Recognize and name upper- and lowercase letters of the alphabet.

ELA.K.1

With prompting and support, ask and answer questions about key details in a literary text.

ELA.K.2

With prompting and support, retell familiar stories, including key details in literary texts.

ELA.K.3

With prompting and support, identify characters, settings, and major events in a literary text.

ELA.K.4

With prompting and support, ask and answer questions about key details in an informational text.

ELA.K.5

With prompting and support, identify the main topic and retell key details of an informational text.

ELA.K.6

With prompting and support, describe the connection between two individuals, events, ideas, or pieces of information in an informational text.

ELA.K.7

With prompting and support, ask and answer questions about unknown words in a literary text.

ELA.K.8

With prompting and support, recognize common types of texts.

ELA.K.9

With prompting and support, name the author and illustrator of a story and define the role of each in telling the story in a literary text.

ELA.K.10

With prompting and support, ask and answer questions about unknown words in an informational text.

ELA.K.11

With prompting and support, identify the front cover, back cover, and title page of a book.

ELA.K.12

With prompting and support, name the author and illustrator of a text and define the role of each in presenting the ideas or information in an informational text.

ELA.K.13

With prompting and support, describe the relationship between illustrations and the literary story in which they appear.

ELA.K.14

With prompting and support, compare and contrast the adventures and experiences of characters in familiar literary stories.

ELA.K.15

With prompting and support, describe the relationship between illustrations and the informational text in which they appear.

ELA.K.16

With prompting and support, identify the reasons an author gives to support points in a literary or informational text.

ELA.K.17

With prompting and support, identify basic similarities in and differences between two literary or informational texts on the same topic.

ELA.K.18

Actively engage in group reading activities of grade-appropriate complex literary texts with purpose and understanding.

ELA.K.19

Actively engage in group reading activities of grade-appropriate complex informational texts with purpose and understanding.

ELA.K.20

Use a combination of drawing, dictating, and writing to compose opinion pieces in which the topic or the name of the text being discussed is included; state an opinion or preference about the topic or book.

ELA.K.21

Use a combination of drawing, dictating, and writing to compose informative/ explanatory texts; name and supply some information about the topic.

ELA.K.22

Use a combination of drawing, dictating, and writing to narrate a single event or several loosely linked events, tell about the events in the order in which they occurred, and provide a reaction to what happened.

ELA.K.23

ELA.K.24

With guidance and support from adults and collaborative discussions, add details to strengthen writing as needed.

ELA.K.25

With guidance and support from adults, explore a variety of age-appropriate technologies to produce and publish writing as well as to interact and collaborate with others.

ELA.K.26

With guidance and support, participate in shared research and writing.

ELA.K.27

With guidance and support from adults, recall information from experiences or gather information from provided sources to answer a question.

ELA.K.28

(Begins in grade 4.)

ELA.K.29

ELA.K.30

Participate in collaborative conversations with diverse partners about kindergarten topics and texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions.

Continue a conversation through multiple exchanges.

ELA.K.31

Confirm understanding of a text read aloud or information presented orally or through other media by asking and answering questions about key details and requesting clarification if something is not understood.

ELA.K.32

Ask and answer questions in order to seek help, get information, or clarify something that is not understood.

ELA.K.33

Describe familiar people, places, things, and events and, with prompting and support, provide additional details.

ELA.K.34

Add drawings or other visuals to descriptions as desired to provide additional details.

ELA.K.35

Speak audibly and express thoughts, feelings, and ideas clearly.

ELA.K.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Use frequently occurring nouns and verbs.

Form regular plural nouns orally by adding /s/ or /es/.

Understand and use question words.

Use the most frequently occurring prepositions.

Produce and expand complete sentences in shared language activities.

ELA.K.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Capitalize the first word in a sentence and the pronoun I.

Recognize and name end punctuation.

Write a letter or letters for most consonant and short-vowel sounds.

Spell simple words phonetically, drawing on knowledge of sound-letter relationships.

ELA.K.38

(Begins in grade 2.)

ELA.K.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on kindergarten reading and content.

Identify new meanings for familiar words and apply them accurately.

Introduce the most frequently occurring inflections and affixes as a clue to the meaning of an unknown word.

ELA.K.40

With guidance and support from adults, explore word relationships and nuances in word meanings.

Sort common objects into categories to gain a sense of the concepts the categories represent.

Demonstrate understanding of frequently occurring verbs and adjectives by relating them to their opposites.

Identify real-life connections between words and their use.

Distinguish shades of meaning among verbs describing the same general action by acting out the meanings.

ELA.K.41

Use words and phrases acquired through conversations, reading, being read to, and responding to texts.

English Language Arts – Grade 1 All West Virginia teachers are responsible for classroom instruction that integrates content standards, content standards, technology, and dispositions for student success. In grade 1, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for first grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as conceptual knowledge and text structure), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional year, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of opinion, informative, and narrative writing. Students in first grade will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from kindergarten, the following chart highlights the college- and career-readiness indicators that will be developed in first grade:

College- and Career-Readiness Indicators for Grade 1 Use phonics (matching letters and sounds) and word analysis skills to decode unfamiliar words.

Recognize and reproduce the structure of sounds in language.

Participate in daily read alouds of complex texts to build knowledge and vocabulary.

Ask and answer questions about key details in literary and informational texts independently and in read alouds.

Use text features to locate information and compare and contrast different types of texts.

Write opinion and informative pieces by introducing a topic, supplying facts and reasons, and providing a sense of closure.

Write narratives with appropriate sequences, including details, transitional words, and a sense of closure.

Participate in collaborative conversations about first grade topics and texts and follow agreed-upon rules for discussions.

Speak audibly in complete sentences to express thoughts, feelings, and ideas clearly.

Produce a variety of complete sentence types and structures.

Capitalize dates, names of people, and use appropriate ending punctuation.

Use context, affixes, and root words to determine the meaning of a word with multiple meanings.

Demonstrate an understanding of figurative language with guidance and support.

Learn and use words and phrases acquired through independent reading, read alouds, and conversations.

ELA.1.I

Read grade-level text orally with accuracy, appropriate rate, and expression on successive readings.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.1.II

Know the spelling-sound correspondences for common consonant digraphs.

Decode regularly spelled one-syllable words.

Know final -e and common vowel team conventions for representing long vowel sounds.

Use knowledge that every syllable must have a vowel sound to determine the number of syllables in a printed word.

Decode two-syllable words following basic patterns by breaking the words into syllables.

Read words with inflectional endings.

Recognize and read grade-appropriate irregularly spelled words.

ELA.1.III

Print all upper- and lowercase letters using proper letter formation and directionality.

Phonological Awareness ELA.1.IV Demonstrate understanding of spoken words, syllables, and sounds (phonemes).

Distinguish long from short vowel sounds in spoken single-syllable words.

Orally produce single-syllable words by blending sounds, including consonant blends.

Isolate and pronounce initial, medial vowel, and final sounds in spoken single-syllable words.

Segment spoken single-syllable words into their complete sequence of individual sounds.

Print Concepts ELA.1.V Demonstrate understanding of the organization and basic features of print.

Recognize the distinguishing features of a sentence, including first word, capitalization, and ending punctuation.

ELA.1.1

Ask and answer questions about key details in a literary text.

ELA.1.2

Retell stories, including key details, and demonstrate understanding of their central idea or lesson in literary texts.

ELA.1.3

Describe characters, settings, and major events in a story, using key details in literary texts.

ELA.1.4

Ask and answer questions about key details in an informational text.

ELA.1.5

Identify the main topic and retell key details of an informational text.

ELA.1.6

Describe the connection between two individuals, events, ideas, or pieces of information in an informational text.

ELA.1.7

In literary texts, identify words and phrases in stories or poems that suggest feelings or appeal to the senses.

ELA.1.8

Explain major differences between books that tell stories and books that give information, drawing on a wide reading of a range of literary text types.

ELA.1.9

Identify who is telling the story at various points in a literary text.

ELA.1.10

Ask and answer questions to help determine or clarify the meaning of words and phrases in an informational text.

ELA.1.11

Know and use various text features to locate key facts or information in an informational text.

ELA.1.12

Distinguish between information provided by pictures or other illustrations and information provided by the words in an informational text.

ELA.1.13

Use illustrations and details in a story to describe its characters, setting, or events in literary texts.

ELA.1.14

Compare and contrast the adventures and experiences of characters in stories in literary texts.

ELA.1.15

Use the illustrations and details in a text to describe its key ideas in informational texts.

ELA.1.16

Identify the reasons an author gives to support points in an informational text.

ELA.1.17

Identify basic similarities in and differences between two informational texts on the same topic.

ELA.1.18

With prompting and support, read literary texts of appropriate complexity for grade 1.

ELA.1.19

With prompting and support, read informational texts of appropriate complexity for grade 1.

ELA.1.20

Write opinion pieces by introducing the topic or name of the text being discussed, stating an opinion, supplying a reason for the opinion, and providing some sense of closure.

ELA.1.21

Write informative/explanatory texts by naming a topic, supplying some facts about the topic, and providing some sense of closure.

ELA.1.22

Write narratives to recount two or more appropriately sequenced events, include some details regarding what happened, use transitional words to signal event order, and provide some sense of closure.

ELA.1.23

(Begins in Grade 3.)

ELA.1.24

With guidance and support from adults and collaborative discussions, focus on a topic and add details to strengthen writing as needed.

ELA.1.25

With guidance and support from adults, use a variety of age-appropriate technologies to produce and publish writing as well as to interact and collaborate with peers.

ELA.1.26

ELA.1.27

With guidance and support from adults, recall information from experiences or gather information from provided sources to answer a question.

ELA.1.28

(Begins in grade 4.)

ELA.1.29

ELA.1.30

Participate in collaborative conversations with diverse partners about grade 1 topics and texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions.

Build on others’ talk in conversations by responding to the comments of others through multiple exchanges.

Ask questions to clear up any confusion about the topics and texts under discussion.

ELA.1.31

Ask and answer questions about key details in a text read aloud or information presented orally or through other media.

ELA.1.32

Ask and answer questions about what a speaker says in order to gather additional information or clarify something that is not understood.

ELA.1.33

Describe people, places, things, and events with relevant details, expressing ideas and feelings clearly.

ELA.1.34

Add drawings or other visuals to descriptions when appropriate to clarify ideas, thoughts, and feelings.

ELA.1.35

Produce complete sentences when appropriate to task and situation.

ELA.1.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Use common, proper, and possessive nouns.

Use singular and plural nouns with matching verbs in basic sentences.

Use personal, possessive and indefinite pronouns.

Use verbs to convey a sense of past, present, and future.

Use frequently occurring adjectives.

Use frequently occurring conjunctions.

Use determiners (e.g., a, the, most, this one, third).

Use frequently occurring prepositions.

Produce and expand complete simple and compound declarative, interrogative, imperative, and exclamatory sentences in response to prompts.

ELA.1.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Capitalize dates and names of people.

Use end punctuation for sentences.

Use commas in dates and to separate single words in a series.

Use conventional spelling for words with common spelling patterns and for frequently occurring irregular words. Spell untaught words phonetically, drawing on phonemic awareness and spelling conventions.

ELA.1.38

(Begins in grade 2.)

ELA.1.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 1 reading and content, choosing flexibly from an array of strategies.

Use sentence-level context as a clue to the meaning of a word or phrase.

Use frequently occurring affixes as a clue to the meaning of a word.

Identify frequently occurring root words and their inflectional forms (e.g., looks, looked, and looking).

ELA.1.40

With guidance and support from adults, demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Sort words into categories to gain a sense of the concepts the categories represent.

Define words by category and by one or more key attributes.

Identify real-life connections between words and their use.

Distinguish shades of meaning among verbs differing in manner.

Distinguish shades of meaning among adjectives differing in intensity by defining or choosing them or by acting out the meanings.

ELA.1.41

Use words and phrases acquired through conversations, reading, being read to, and responding to texts; use frequently occurring conjunctions to signal simple relationships.

English Language Arts – Grade 2 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 2, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for second grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as conceptual knowledge, text structure, and figurative language), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of opinion, informative, and narrative writing. Students in second grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from first grade, the following chart represents the college- and career-readiness indicators that will be developed in second grade:

College- and Career-Readiness Indicators for Grade 2 Use phonics and word analysis skills to decode unfamiliar words.

Create readable documents with legible print or cursive.

Read and comprehend a variety of complex texts including texts that fall in the 420-820 Lexile range.

Ask and answer questions about key details in literary and informational texts independently and in read alouds.

Use text features to locate information and compare and contrast different types of informational texts.

Describe the overall structure of a literary text and acknowledge differences in character viewpoints.

Write opinion and informative pieces by introducing a topic, supplying facts and reasons, using linking words, and providing a sense of closure.

Write narratives with appropriate sequences, including details, transitional words, and a sense of closure.

Participate in collaborative conversations about second grade topics and texts and follow agreed-upon rules for discussions.

Speak audibly in complete sentences to express thoughts, feelings, and ideas clearly.

Produce, expand, and rearrange a variety of sentence types and structures.

Capitalize holidays, product names, and geographic names, and use commas and apostrophes when writing.

Use context, affixes, and root words to determine the meaning of a word with multiple meanings.

Demonstrate an understanding of figurative language with guidance and support.

Learn and use words and phrases acquired through independent reading, read alouds, and conversations.

ELA.2.I

Read grade-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.2.II

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences for additional common vowel teams.

Decode regularly spelled two-syllable words with long vowels.

Decode words with common prefixes and suffixes.

Identify words with inconsistent but common spelling-sound correspondences.

Recognize and read grade-appropriate irregularly spelled words.

ELA.2.III

Create readable documents with legible print or cursive as developmentally appropriate.

ELA.2.1

Ask and answer such questions as who, what, where, when, why, and how to demonstrate understanding of key details in literary text.

ELA.2.2

Recount stories, including fables and folktales from diverse cultures and determine their central idea, lesson, or moral in literary text.

ELA.2.3

Describe how characters in a story respond to major events and challenges in literary text.

ELA.2.4

Ask and answer such questions as who, what, where, when, why, and how to demonstrate understanding of key details in informational text.

ELA.2.5

Identify the main topic of a multi-paragraph text as well as the focus of specific paragraphs within informational text.

ELA.2.6

Describe the connection between a series of historical events, scientific ideas or concepts, or steps in technical procedures in an informational text.

ELA.2.7

Describe how words and phrases in literary text supply rhythm and meaning in a story, poem, or song.

ELA.2.8

Describe the overall structure of a story, including describing how the beginning introduces the story and the ending concludes the action in literary text.

ELA.2.9

Acknowledge differences in the points of view of characters, including by speaking in a different voice for each character when reading dialogue aloud from literary text.

ELA.2.10

Determine the meaning of words and phrases in informational text relevant to a grade 2 topic or subject area.

ELA.2.11

Know and use various informational text features to locate key facts or information in a text efficiently.

ELA.2.12

Identify the main purpose of informational text, including what the author wants to answer, explain, or describe ELA.2.13 Use information gained from the illustrations and words in a print or digital literary text to demonstrate understanding of its characters, setting, or plot.

ELA.2.14

Compare and contrast two or more versions of the same story by different authors or from different cultures in a literary text.

ELA.2.15

Explain how specific images contribute to and clarify an informational text.

ELA.2.16

Describe how reasons support specific points the author makes in an informational text.

ELA.2.17

Compare and contrast the most important points presented by two informational texts on the same topic.

ELA.2.18

By the end of the year, read and comprehend literary texts in the grades 2–3 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.2.19

By the end of year, read and comprehend informational texts, including social studies, science, and technical texts, in the grades 2–3 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.2.20

Write opinion pieces by introducing the topic or text being discussed, stating an opinion, supplying reasons that support the opinion, using linking words to connect opinion and reasons, and providing a concluding statement or section.

ELA.2.21

Write informative/explanatory texts by introducing a topic, using facts and definitions to develop points, and providing a concluding statement or section.

ELA.2.22

Write narratives to recount a well-elaborated event or short sequence of events, including details to describe actions, thoughts, and feelings, and using transitional words to signal event order and provide a sense of closure.

ELA.2.23

ELA.2.24

With guidance and support from adults and collaborative discussions, focus on a topic and strengthen writing as needed by revising and editing.

ELA.2.25

With guidance and support from adults, use a variety of age-appropriate technologies to produce and publish writing, including collaboration with peers.

ELA.2.26

ELA.2.27

Recall information from experiences or gather information from provided sources to answer a question.

ELA.2.28

(Begins in grade 4.)

ELA.2.29

ELA.2.30

Participate in collaborative conversations with diverse partners about grade 2 topics and texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions.

Build on others’ talk in conversations by linking comments to the remarks of others.

Ask for clarification and further explanation as needed about the topics and texts under discussion.

ELA.2.31

Recount or describe key ideas or details from a text read aloud or information presented orally or through other media.

ELA.2.32

Ask and answer questions about what a speaker says in order to clarify comprehension, gather additional information, or deepen understanding of a topic or issue.

ELA.2.33

Tell a story or recount an experience with appropriate facts and relevant, descriptive details; speaking audibly and coherently.

ELA.2.34

Create audio recordings of stories or poems; add visuals to stories or recounts of experiences when appropriate to clarify ideas, thoughts, and feelings.

ELA.2.35

Produce complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

ELA.2.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Use collective nouns.

Form and use frequently occurring irregular plural nouns.

Use reflexive pronouns.

Form and use the past tense of frequently occurring irregular verbs.

Use adjectives and adverbs and choose between them depending on what is to be modified.

Produce, expand, and rearrange complete simple and compound sentences.

ELA.2.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Capitalize holidays, product names, and geographic names.

Use commas in greetings and closings of letters.

Use an apostrophe to form contractions and frequently occurring possessives.

Generalize learned spelling patterns when writing words.

Consult reference materials, including beginning dictionaries, as needed to check and correct spellings.

ELA.2.38

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Compare formal and informal uses of English.

ELA.2.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 2 reading and content, choosing flexibly from an array of strategies.

Use sentence-level context as a clue to the meaning of a word or phrase.

Determine the meaning of the new word formed when a known prefix is added to a known word.

Use a known root word as a clue to the meaning of an unknown word with the same root.

Use knowledge of the meaning of individual words to predict the meaning of compound words.

Use glossaries and beginning dictionaries, both print and digital, to determine or clarify the meaning of words and phrases.

ELA.2.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Identify real-life connections between words and their use.

Distinguish shades of meaning among closely related verbs and closely related adjectives.

ELA.2.41

Use words and phrases acquired through conversations, reading, being read to, and responding to texts; use adjectives and adverbs to describe.

English Language Arts – Grade 3 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 3, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for third grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as conceptual knowledge, text structure, and figurative language), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of opinion, informative, and narrative writing. Students in third grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from second grade, the following chart represents the college- and career-readiness indicators that will be developed in third grade:

College- and Career-Readiness Indicators for Grade 3 Use word analysis skills and phonics to decode unfamiliar words.

Write legibly in cursive or joined italics with correct margins and spacing.

Read and comprehend a variety of complex texts including texts that fall in the 420-820 Lexile range.

Ask and answer questions about key details in literary and informational texts referring explicitly to the text as the basis for the answers.

Use text features to locate information and compare and contrast different types of informational texts.

Refer to specific parts of literary and informational texts, describe connections, and distinguish between different viewpoints.

Write opinion and informative pieces by introducing a topic, supplying facts and reasons, using linking words and providing a concluding statement or section.

Write narratives with appropriate sequences, including details, dialogue, transitional words, and a sense of closure.

Conduct short research projects that build knowledge about a topic.

Participate in collaborative conversations about third grade topics and texts and follow agreed-upon rules for discussions.

Speak audibly in complete sentences to express thoughts, feelings, and ideas clearly.

Produce a variety of sentence types and structures.

Capitalize appropriate words in titles and use commas, quotation marks and possessives.

Use context, affixes, and root words to determine the meaning of a word with multiple meanings.

Demonstrate an understanding of word relationships and nuances.

Acquire and accurately use grade-appropriate conversational, general academic, and domain-specific words and phrases.

ELA.3.I

Read grade-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.3.II

Identify and know the meaning of the most common prefixes and derivational suffixes.

Decode words with common Latin suffixes.

Decode multi-syllable words.

Read grade-appropriate irregularly spelled words.

ELA.3.III

Write legibly in cursive or joined italics, allowing margins and correct spacing between letters in a word and words in a sentence.

ELA.3.1

Ask and answer questions to demonstrate understanding of a literary text, referring explicitly to the text as the basis for the answers.

ELA.3.2

Recount stories, including fables, folktales, and myths from diverse cultures; determine the central idea, lesson, or moral and explain how it is conveyed through key details in the literary text.

ELA.3.3

Describe characters in a literary story and explain how their actions contribute to the sequence of events.

ELA.3.4

Ask and answer questions to demonstrate understanding of an informational text, referring explicitly to the text as the basis for the answers.

ELA.3.5

Determine the main idea of an informational text; recount the key details and explain how they support the main idea.

ELA.3.6

Describe the relationship between a series of historical events, scientific ideas or concepts, or steps in technical procedures in an informational text, using language that pertains to time, sequence, and cause/effect.

ELA.3.7

Determine the meaning of words and phrases as they are used in a literary text, distinguishing literal from nonliteral language.

ELA.3.8

Refer to parts of stories, dramas, and poems when writing or speaking about a literary text, using terms such as chapter, scene, and stanza; describe how each successive part builds on earlier sections.

ELA.3.9

Distinguish one’s point of view from that of the narrator or those of the characters in a literary text.

ELA.3.10

Determine the meaning of general academic and domain-specific words and phrases in an informational text relevant to a grade 3 topic or subject area.

ELA.3.11

Use informational text features and search tools to locate information relevant to a given topic efficiently ELA.3.12 Distinguish one’s own point of view from that of the author of an informational text.

ELA.3.13

Explain how specific aspects of a literary text’s illustrations contribute to what is conveyed by the words in a story.

ELA.3.14

Compare and contrast the themes, settings, and plots of literary stories written by the same author about the same or similar characters.

ELA.3.15

Use information gained from illustrations and the words in an informational text to demonstrate understanding of the text.

ELA.3.16

Describe the logical connection between particular sentences and paragraphs in an informational text.

ELA.3.17

Compare and contrast the most important points and key details presented in two informational texts on the same topic.

ELA.3.18

By the end of the year, read and comprehend literary texts at the high end of the grades 2–3 text complexity range independently and proficiently.

ELA.3.19

By the end of the year, read and comprehend informational texts, including social studies, science, and technical texts, at the high end of the grades 2–3 text complexity range independently and proficiently.

ELA.3.20

Write opinion pieces on topics or texts, supporting a point of view with reasons.

Introduce the topic or text being discussed, state an opinion, and create an organizational structure that lists reasons.

Provide reasons that support the opinion.

Use linking words and phrases to connect opinion and reasons.

Provide a concluding statement or section.

ELA.3.21

Write informative/explanatory texts to examine a topic and convey ideas and information clearly.

Introduce a topic and group related information together; include illustrations when useful to aid comprehension.

Develop the topic with facts, definitions, and details.

Use linking words and phrases to connect ideas within categories of information.

Provide a concluding statement or section.

ELA.3.22

Write narratives to develop real or imagined experiences or events using effective technique, descriptive details, and clear event sequences.

Establish a situation and introduce a narrator and/or characters; organize an event sequence that unfolds naturally.

Use dialogue and descriptions of actions, thoughts, and feelings to develop experiences and events or show the response of characters to situations.

Use transitional words and phrases to signal event order.

Provide a sense of closure.

ELA.3.23

With guidance and support from adults, produce writing in which the development and organization are appropriate to task and purpose.

ELA.3.24

With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, and editing to demonstrate command of Language standards up to and including grade 3.

ELA.3.25

With guidance and support from adults, use technology to produce and publish writing as well as to interact and collaborate with others.

ELA.3.26

Conduct short research projects that build knowledge about a topic.

ELA.3.27

Recall information from experiences or gather information from print and digital sources; take brief notes on sources and sort evidence into provided categories.

ELA.3.28

(Begins in grade 4.)

ELA.3.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of discipline-specific tasks, purposes, and audiences.

ELA.3.30

Engage effectively in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led on grade 3 topics and texts, building on others’ ideas and expressing ideas clearly.

Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

Follow agreed-upon rules for discussions.

Ask questions to check understanding of information presented, stay on topic, and link comments to the remarks of others.

Explain ideas and understanding in light of the discussion.

ELA.3.31

Determine the main ideas and supporting details of a text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally.

ELA.3.32

Ask and answer questions about information from a speaker, offering appropriate elaboration and detail.

ELA.3.33

Report on a topic or text; tell a story or recount an experience with appropriate facts and relevant, descriptive details, speaking audibly and coherently.

ELA.3.34

Create engaging audio recordings of stories or poems that demonstrate fluid reading at an understandable pace; add visuals when appropriate to emphasize or enhance certain facts or details.

ELA.3.35

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

ELA.3.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Explain the function of nouns, pronouns, verbs, adjectives, and adverbs in general and their functions in particular sentences.

Form and use regular and irregular plural nouns.

Use abstract nouns.

Form and use regular and irregular verbs.

Form and use the simple verb tenses.

Ensure subject-verb and pronoun-antecedent agreement.

Form and use comparative and superlative adjectives and adverbs, and choose between them depending on what is to be modified.

Use coordinating and subordinating conjunctions.

Produce simple, compound, and complex sentences.

ELA.3.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Capitalize appropriate words in titles.

Use commas in addresses.

Use commas and quotation marks in dialogue.

Form and use possessives.

Use conventional spelling for high-frequency words and for adding suffixes to base words.

Use spelling patterns and generalizations in writing words.

Consult reference materials, including beginning dictionaries, as needed to check and correct spellings.

ELA.3.38

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases for effect.

Recognize and observe differences between the conventions of spoken and written Standard English.

ELA.3.39

Determine or clarify the meaning of unknown and multiple-meaning word and phrases based on grade 3 reading and content, choosing flexibly from a range of strategies.

Use sentence-level context as a clue to the meaning of a word or phrase.

Determine the meaning of the new word formed when a known affix is added to a known word.

Use a known root word as a clue to the meaning of an unknown word with the same root.

Use glossaries or beginning dictionaries, both print and digital, to determine or clarify the precise meaning of key words and phrases.

ELA.3.40

Demonstrate understanding of word relationships and nuances in word meanings.

Distinguish the literal and nonliteral meanings of words and phrases in context.

Identify real-life connections between words and their use.

Distinguish shades of meaning among related words that describe states of mind or degrees of certainty (e.g., knew, believed, suspected, heard, and wondered).

ELA.3.41

Acquire and accurately use grade-appropriate conversational, general academic, and domain-specific words and phrases, including those that signal spatial and transitional relationships.

English Language Arts – Grade 4 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 4, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for fourth grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as conceptual knowledge, text structure, and figurative language), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of opinion, informative, and narrative writing. Students in fourth grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from third grade, the following chart represents the college- and career-readiness indicators that will be developed in fourth grade:

College- and Career-Readiness Indicators for Grade 4 Use phonics and word analysis skills to decode unfamiliar words.

Read and comprehend a variety of complex texts including texts that fall in the 740-1010 Lexile range.

Refer to details and examples in literary and informational texts when explaining what the text says explicitly and when drawing inferences from the text.

Integrate information from two texts on the same topic in order to write or speak about the subject knowledgeably Compare and contrast the structures and points of view of multiple literary and informational texts.

Write opinion and informative pieces by clearly introducing a topic; developing the topic with reasons supported by facts, details, quotations, or other information related to the topic; linking ideas with words and phrases; and providing a concluding statement or section.

Write narratives with clear event sequences by introducing the setting; using dialogue, sensory details, a variety of transitional words and phrases, and providing a conclusion that follows from the narrated experiences or events.

Engage effectively in collaborative discussions on fourth grade topics and texts, building on others’ ideas and expressing ideas clearly.

Identify the reasons and evidence a speaker provides to support particular points.

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings, including similes, metaphors, idioms, adages, and proverbs.

Use correct capitalization, commas and quotation marks.

Acquire and accurately use grade-appropriate general academic and domain-specific words and phrases.

ELA.4.I

Read grade-level prose and poetry orally with accuracy, appropriate rate, and expression.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.4.II

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

ELA.4.III

ELA.4.1

Refer to details and examples in a literary text when explaining what the text says explicitly and when drawing inferences from the text.

ELA.4.2

Determine a theme of a story, drama, or poem from details in the literary text; summarize the text.

ELA.4.3

Describe in depth a character, setting, or event in a story or drama, drawing on specific details in the literary text.

ELA.4.4

Refer to details and examples in an informational text when explaining what the text says explicitly and when drawing inferences from the text.

ELA.4.5

Determine the central idea of an informational text and explain how it is supported by key details; summarize the text.

ELA.4.6

Explain events, procedures, ideas, or concepts in a historical, scientific, or technical text, including what happened and why, based on specific information in the informational text.

ELA.4.7

Determine the meaning of words and phrases as they are used in a literary text, including words that allude to significant characters such as those found in mythology.

ELA.4.8

Explain major differences between poems, drama, and prose; refer to the structural elements of poems and drama when writing or speaking about a literary text.

ELA.4.9

Compare and contrast the point of view from which different literary texts are narrated, including the difference between first- and third-person narrations.

ELA.4.10

Determine the meaning of general academic and domain-specific words or phrases in an informational text relevant to a grade 4 topic or subject area.

ELA.4.11

Describe the overall structure of events, ideas, concepts, or information in all or part of an informational text.

ELA.4.12

Compare and contrast a firsthand and secondhand account of the same event or topic; describe the differences in the focus and information provided in these informational texts.

ELA.4.13

Make connections between the text of a story or drama and a visual or oral presentation of the literary text, identifying where specific descriptions and directions in the text are reflected in the visual or oral presentation.

ELA.4.14

Compare and contrast the treatment of similar themes and topics and patterns of events in stories, myths, traditional literature, and literary text from different cultures.

ELA.4.15

Interpret information presented visually orally or quantitatively and explain how the information contributes to an understanding of the informational text in which it appears.

ELA.4.16

Explain how an author uses reasons and evidence to support particular points in an informational text.

ELA.4.17

Integrate information from two informational texts on the same topic in order to write or speak about the subject knowledgeably.

ELA.4.18

By the end of the year read and comprehend literary texts in the grades 4–5 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.4.19

By the end of the year read and comprehend informational texts, including social studies, science and technical texts, in the grades 4–5 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.4.20

Write opinion pieces on topics or texts, supporting a point of view with reasons and information.

Introduce a topic or text clearly, state an opinion, and create an organizational structure in which related ideas are grouped to support the writer’s purpose.

Provide reasons that are supported by facts and details.

Link opinion and reasons using words and phrases (e.g., for instance, in order to, or in addition).

Provide a concluding statement or section related to the opinion presented.

ELA.4.21

Write informative/explanatory texts to examine a topic and convey ideas and information clearly.

Introduce a topic clearly and group related information in paragraphs and sections; include formatting, illustrations, and multimedia when useful to aiding comprehension.

Develop the topic with facts, definitions, concrete details, quotations, or other information and examples related to the topic.

Link ideas within categories of information using words and phrases (e.g., another, for example, also, or because).

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Provide a concluding statement or section related to the information or explanation presented.

ELA.4.22

Write narratives to develop real or imagined experiences or events using effective technique, descriptive details, and clear event sequences.

Orient the reader by establishing a situation and introducing a narrator and/or characters; organize an event sequence that unfolds naturally.

Use dialogue and description to develop experiences and events or show the responses of characters to situations.

Use a variety of transitional words and phrases to manage the sequence of events.

Use concrete words and phrases and sensory details to convey experiences and events precisely.

Provide a conclusion that follows from the narrated experiences or events.

ELA.4.23

Produce clear and coherent writing in which the development and organization are appropriate to task, purpose, and audience.

ELA.4.24

With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, and editing to demonstrate command of Language standards up to and including grade 4.

ELA.4.25

With some guidance and support from adults, use technology, including the Internet, to produce and publish writing as well as to interact and collaborate with others.

ELA.4.26

Conduct short research projects that build knowledge through investigation of different aspects of a topic.

ELA.4.27

Recall relevant information from experiences or gather relevant information from print and digital sources; take notes and categorize information and provide a list of sources.

ELA.4.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.4.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of discipline-specific tasks, purposes, and audiences.

ELA.4.30

Engage effectively in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led on grade 4 topics and texts, building on others’ ideas and expressing ideas clearly.

Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

Follow agreed-upon rules for discussions and carry out assigned roles.

Pose and respond to specific questions to clarify or follow up on information and make comments that contribute to the discussion and link to the remarks of others.

Review the key ideas expressed and explain ideas and understanding in light of the discussion.

ELA.4.31

Paraphrase portions of a text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally.

ELA.4.32

Identify the reasons and evidence a speaker provides to support particular points.

ELA.4.33

Report on a topic or text, tell a story, or recount an experience in an organized manner, using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace.

ELA.4.34

Add audio recordings and visuals to presentations when appropriate to enhance the development of main ideas or themes.

ELA.4.35

Differentiate between contexts that call for formal English and situations where informal discourse is appropriate; demonstrating command of grade 4 Language standards and using formal English when appropriate to task and situation.

ELA.4.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Use relative pronouns.

Form and use the progressive verb tenses.

Use modal auxiliaries to convey various conditions (e.g., can, may, or must).

Order adjectives within sentences according to conventional patterns.

Form and use prepositional phrases.

Produce complete sentences, recognizing and correcting inappropriate fragments and run-ons.

Correctly use frequently confused words.

ELA.4.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Use correct capitalization.

Use commas and quotation marks to mark direct speech and quotations from a text.

Use a comma before a coordinating conjunction in a compound sentence.

Spell grade-appropriate words correctly, consulting references as needed.

ELA.4.38

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases to convey ideas precisely.

Choose punctuation for effect.

Differentiate between contexts that call for formal English and situations where informal discourse is appropriate.

ELA.4.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 4 reading and content, choosing flexibly from a range of strategies.

Use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word.

Consult reference materials, both print and digital, to find the pronunciation and determine or clarify the precise meaning of key words and phrases.

ELA.4.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Explain the meaning of simple similes and metaphors in context.

Recognize and explain the meaning of common idioms, adages, and proverbs.

Demonstrate understanding of words by relating them to their antonyms and to their synonyms.

ELA.4.41

Acquire and accurately use grade-appropriate general academic and domain-specific words and phrases, including those that signal precise actions, emotions, or states of being and that are basic to a particular topic.

English Language Arts – Grade 5 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 5, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for fifth grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as conceptual knowledge, text structure, and figurative language), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of opinion, informative, and narrative writing. Students in fifth grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from fourth grade, the following chart represents the college- and career-readiness indicators that will be developed in fifth grade:

College- and Career-Readiness Indicators for Grade 5 Read with sufficient accuracy, rate, and expression to support comprehension.

Use knowledge of all letter-sound correspondences, syllabication patterns, roots, and affixes to accurately read unfamiliar multisyllabic words.

Read and comprehend a variety of complex texts including texts that fall in the high end of the 740-1010 Lexile range.

Quote accurately from a text when explaining what the text says explicitly and when drawing inferences from the text.

Compare and contrast the structures of multiple literary and informational texts.

Analyze differences in point of view and how point of view influences how events are described.

Produce clear and coherent writing appropriate to task, purpose, and audience; develop and strengthen writing with guidance and support from peers and adults.

Gather relevant information from several sources and provide a list of sources.

Conduct short research projects that use several sources to build knowledge through investigation of different aspects of a topic.

Engage effectively in a range of collaborative discussions with diverse partners on grade 5 topics, texts, and issues, building on others’ ideas and expressing ideas clearly.

Summarize information presented in diverse formats, including the points a speaker makes and how each claim is supported by reasons and evidence.

When writing and speaking, use a variety of sentences for meaning, reader/listener interest, and style.

Demonstrate understanding of conjunctions, prepositions, interjections, and verb tenses.

ELA.5.I

Read on-level text with purpose and understanding.

Read on-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.5.II

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

ELA.5.III

ELA.5.1

Quote accurately from a literary text when explaining what the text says explicitly and when drawing inferences from the text.

ELA.5.2

Determine a theme of a story, drama, or poem from details in a literary text, including how characters in a story or drama respond to challenges or how the speaker in a poem reflects upon a topic; summarize the text.

ELA.5.3

Compare and contrast two or more characters, settings, or events in a story or drama, drawing on specific details in the literary text.

ELA.5.4

Quote accurately from an informational text when explaining what the text says explicitly and when drawing inferences from the text.

ELA.5.5

Determine two or more central ideas of an informational text and explain how they are supported by key details; summarize the text.

ELA.5.6

Using an informational text, explain the relationships or interactions between two or more individuals, events, ideas, or concepts in a historical, scientific, or technical text based on specific information in the text.

ELA.5.7

Determine the meaning of words and phrases as they are used in a literary text, including figurative language such as metaphors and similes.

ELA.5.8

Explain how a series of chapters, scenes, or stanzas fits together in a literary text to provide the overall structure of a particular story, drama, or poem.

ELA.5.9

Describe how a narrator’s or speaker’s point of view influences how events are described in a literary text.

ELA.5.10

Determine the meaning of general academic and domain-specific words and phrases in an informational text relevant to a grade 5 topic or subject area.

ELA.5.11

Compare and contrast the overall structure of events, ideas, concepts, or information in two or more informational texts.

ELA.5.12

Analyze multiple accounts of the same event or topic, noting important similarities and differences in the point of view they represent in informational texts.

ELA.5.13

Analyze how visual and multimedia elements contribute to the meaning, tone, or beauty of a literary text.

ELA.5.14

Compare and contrast stories in literary texts of the same genre on their approaches to similar themes and topics.

ELA.5.15

Draw on information from multiple print or digital informational sources, demonstrating the ability to locate an answer to a question quickly or to solve a problem efficiently.

ELA.5.16

Explain how an author uses reasons and evidence to support particular points in an informational text, identifying which reasons and evidence support which point(s).

ELA.5.17

Integrate information from several informational texts on the same topic in order to write or speak about the subject knowledgeably.

ELA.5.18

By the end of the year, read and comprehend literary texts at the high end of the grades 4–5 text complexity range independently and proficiently.

ELA.5.19

By the end of the year, read and comprehend informational texts, including social studies, science, and technical texts, at the high end of the grades 4–5 text complexity range independently and proficiently.

ELA.5.20

Write opinion pieces on topics or texts, supporting a point of view with reasons and information.

Introduce a topic or text clearly, state an opinion, and create an organizational structure in which ideas are logically grouped to support the writer’s purpose.

Provide logically ordered reasons that are supported by facts and details.

Link opinion and reasons using words, phrases, and clauses (e.g., consequently and specifically).

Provide a concluding statement or section related to the opinion presented.

ELA.5.21

Write informative/explanatory texts to examine a topic and convey ideas and information clearly.

Introduce a topic clearly, provide a general observation, and focus and group related information logically; include formatting, illustrations, and multimedia when useful to aid comprehension.

Develop the topic with facts, definitions, concrete details, quotations, or other information and examples related to the topic.

Link ideas within and across categories of information using words, phrases, and clauses (e.g., in contrast and especially).

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Provide a concluding statement or section related to the information or explanation presented.

ELA.5.22

Write a narrative to develop real or imagined experiences or events using effective technique, descriptive details, and clear event sequences.

Orient the reader by establishing a situation and introducing a narrator and/or characters; organize an event sequence that unfolds naturally.

Use narrative techniques, such as dialogue, description, and pacing, to develop experiences and events or show the responses of characters to situations.

Use a variety of transition words, phrases, and clauses to manage the sequence of events.

Use concrete words and phrases and sensory details to convey experiences and events precisely.

Provide a conclusion that follows from the narrated experiences or events.

ELA.5.23

Produce clear and coherent writing in which the development and organization are appropriate to task, purpose, and audience.

ELA.5.24

With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, trying a new approach, or editing to demonstrate command of Language standards up to and including grade 5.

ELA.5.25

With some guidance and support from adults, use technology, including the Internet, to produce and publish writing as well as to interact and collaborate with others.

ELA.5.26

Conduct short research projects that use several sources to build knowledge through investigation of different aspects of a topic.

ELA.5.27

Recall relevant information from experiences or gather relevant information from print and digital sources; summarize or paraphrase information in notes and finished work and provide a list of sources.

ELA.5.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.5.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of discipline-specific tasks, purposes, and audiences.

ELA.5.30

Engage effectively in a range of collaborative discussions with diverse partners including one-on-one, small group, and teacher-led on grade 5 topics and texts, building on others’ ideas and expressing ideas clearly.

Come to discussions prepared having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

Follow agreed-upon rules for discussions and carry out assigned roles.

Pose and respond to specific questions by making comments that contribute to the discussion and elaborate on the remarks of others.

Review the key ideas expressed and draw conclusions in light of information and knowledge gained from the discussions.

ELA.5.31

Summarize a written text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally.

ELA.5.32

Summarize the points a speaker makes and explain how each claim is supported by reasons and evidence.

ELA.5.33

Report on a topic or text or present an opinion, sequencing ideas logically and using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace.

ELA.5.34

Include multimedia components and visual in presentations when appropriate to enhance the development of main ideas or themes.

ELA.5.35

Adapt speech to a variety of contexts and tasks, demonstrating command of grade 5 Language standards and using formal English when appropriate to task and situation.

ELA.5.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Explain the function of conjunctions, prepositions, and interjections in general and their function in particular sentences.

Form and use the perfect verb tenses.

Use verb tense to convey various times, sequences, states, and conditions.

Recognize and correct inappropriate shifts in verb tense.

Use correlative conjunctions.

ELA.5.37

Demonstrate command of the conventions of Standard English capitalization, punctuation and spelling when writing.

Use punctuation to separate items in a series.

Use a comma to separate an introductory element from the rest of the sentence.

Use a comma to set off the words yes and no, to set off a tag question from the rest of the sentence, and to indicate direct address.

Use underlining, quotation marks, or italics to indicate titles of works.

Spell grade-appropriate words correctly, consulting references as needed.

ELA.5.38

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Expand, combine, and reduce sentences for meaning, reader/listener interest, and style.

Compare and contrast the varieties of English used in stories, dramas, or poems.

ELA.5.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 5 reading and content, choosing flexibly from a range of strategies.

Use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word.

Consult reference materials, both print and digital, to find the pronunciation and determine or clarify the precise meaning of key words and phrases.

ELA.5.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figurative language, including similes and metaphors, in context.

Recognize and explain the meaning of common idioms, adages, and proverbs.

Use the relationship between particular words to better understand each of the words (e.g., synonyms, antonyms, and homographs).

ELA.5.41

Acquire and accurately use grade-appropriate general academic and domain-specific words and phrases, including those that signal contrast, addition, and other logical relationships (e.g., however, although, nevertheless, similarly, moreover, and in addition).

English Language Arts – Grade 6 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 6, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for sixth grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as figurative language, historical context, and layers of meaning), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Students in sixth grade will continue enhancing skills through a developmentally-appropriate progression of standards. Following the skill progressions from fifth grade, the following chart highlights the college- and career-readiness indicators that will be developed in sixth grade:

College- and Career- Readiness Indicators for Grade 6 Use word analysis skills to decode unfamiliar words.

Write legibly in cursive or joined italics with correct margins and spacing.

Read and comprehend a variety of complex texts including texts that fall in the 925-1185 Lexile range.

Analyze the development of key ideas, characters/individuals, and events by examining elements such as sequencing, word/phrase meaning, and point of view or purpose; cite textual evidence to support analysis.

Evaluate arguments and specific claims and distinguish claims that are supported by reasons and evidence from claims that are not.

Produce clear and coherent writing appropriate to task, purpose, and audience; develop and strengthen writing as needed by planning, revising, and/or editing.

Gather relevant information from multiple sources assessing the credibility of each source; avoid plagiarism and provide basic bibliographic information for sources.

Engage effectively with diverse partners in a range of collaborative discussions on grade 6 topics, texts, and issues, building on others’ ideas and expressing ideas clearly.

Present claims and findings to others orally using clear pronunciation and appropriate eye contact and volume; sequence ideas logically and accentuate central ideas or themes.

Use knowledge of language and its conventions; when writing or speaking vary sentence patterns for meaning, reader/listener interest, and style and maintain consistency in style and tone.

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

ELA.6.I

Read grade-level text orally with accuracy, appropriate rate, and expression.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.6.II

Know and apply word analysis skills in decoding unfamiliar words.

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

ELA.6.III

ELA.6.1

Cite textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the text.

ELA.6.2

Determine a theme or central idea of a literary text and how it is conveyed through particular details; provide a summary of the text distinct from personal opinions or judgments.

ELA.6.3

Describe how a particular story’s or drama’s plot unfolds in a series of events and how the characters respond or change as the plot moves toward a resolution.

ELA.6.4

Cite textual evidence to support analysis of what the informational text says explicitly as well as inferences drawn from the text.

ELA.6.5

Determine a central idea of an informational text and how it is conveyed through particular details; provide a summary of the text distinct from personal opinions or judgments.

ELA.6.6

Analyze in detail how a key individual, event, or idea is introduced, illustrated, and developed in an informational text.

ELA.6.7

Determine the meaning of words and phrases as they are used in a literary text, including figurative and connotative meanings; analyze the impact of a specific word choice on meaning and tone.

ELA.6.8

Analyze how a particular sentence, chapter, scene, or stanza fits into the overall structure of a literary text and contributes to the development of the theme, setting, or plot.

ELA.6.9

Explain how an author develops the point of view of the narrator or speaker in a literary text.

ELA.6.10

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings.

ELA.6.11

Analyze how a particular sentence, paragraph, chapter, or section fits into the overall structure of an informational text and contributes to the development of the ideas.

ELA.6.12

Determine an author’s point of view or purpose and explain how it is communicated in an informational text.

ELA.6.13

Compare and contrast the experience of reading a literary text to listening to or viewing an audio, video, or live version of the literary text, including contrasting what is “seen” and “heard”.

ELA.6.14

Compare and contrast literary texts in different forms or genres in terms of their approaches to similar themes and topics.

ELA.6.15

Integrate information presented in digital, print, and non-print text to develop a coherent understanding of a topic or issue.

ELA.6.16

Trace and evaluate the argument and specific claims in an informational text, distinguishing claims that are supported by reasons and evidence from claims that are not.

ELA.6.17

Compare and contrast two authors’ presentations of the same topic in informational text.

ELA.6.18

By the end of the year, read and comprehend literary texts in the grades 6–8 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.6.19

By the end of the year, read and comprehend informational texts in the grades 6–8 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.6.20

Write arguments to support claims with clear reasons and relevant evidence.

Introduce claim(s) and organize the reasons and evidence clearly.

Support claim(s) with clear reasons and relevant evidence, using credible sources and demonstrating an understanding of the topic or text.

Use words, phrases, and clauses to clarify the relationships among claim(s) and reasons.

Provide a concluding statement or section that follows from the argument presented.

ELA.6.21

Write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content.

Introduce a topic; organize ideas, concepts, and information using strategies such as definition, classification, comparison/contrast, and cause/effect; include formatting, graphics, and multimedia when useful to aid comprehension.

Develop the topic with relevant facts, definitions, concrete details, quotations, or other information and examples.

Use appropriate transitions to clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Provide a concluding statement or section that follows from the information or explanation presented.

ELA.6.22

Write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences.

Engage and orient the reader by establishing a context and introducing a narrator and/or characters; organize an event sequence that unfolds naturally and logically.

Use narrative techniques, such as dialogue, pacing, and description, to develop experiences, events, and/or characters.

Use a variety of transition words, phrases, and clauses to convey sequence and signal shifts from one time frame or setting to another.

Use precise words and phrases, relevant descriptive details, and sensory language to convey experiences and events.

Provide a conclusion that follows from the narrated experiences or events.

ELA.6.23

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.6.24

With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, or editing to demonstrate command of Language standards up to and including grade 6.

ELA.6.25

Use technology, including the Internet, to produce and publish writing as well as to interact and collaborate with others.

ELA.6.26

Conduct short research projects to answer a question, drawing on several sources and refocusing the inquiry when appropriate.

ELA.6.27

Gather relevant information from multiple print and digital sources; assess the credibility of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and providing basic bibliographic information for sources.

ELA.6.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.6.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of discipline-specific tasks, purposes, and audiences.

ELA.6.30

Engage effectively in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led discussions on grade 6 topics, texts, and issues, building on others’ ideas and expressing ideas clearly.

Come to discussions prepared, having read or studied required material; explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion.

Follow rules for shared discussions, set specific goals and deadlines, and define individual roles as needed.

Pose and respond to specific questions with elaboration and detail by making comments that contribute to the topic, text, or issue under discussion.

Review the key ideas expressed and demonstrate understanding of multiple perspectives through reflection and paraphrasing.

ELA.6.31

Interpret information presented in digital, print, and non-print formats and explain how it contributes to a topic, text, or issue under study.

ELA.6.32

Delineate a speaker’s argument and specific claims, distinguishing claims that are supported by reasons and evidence from claims that are not.

ELA.6.33

Present claims and findings, sequencing ideas logically and using pertinent descriptions, facts, and details, to accentuate main ideas or themes; use appropriate eye contact, adequate volume, and clear pronunciation.

ELA.6.34

Include digital media and visuals in presentations to clarify information.

ELA.6.35

Adapt speech to a variety of contexts and tasks, demonstrating command of grade 6 Language standards, as well as formal English, when indicated or appropriate.

ELA.6.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Ensure that pronouns are in the proper case to function effectively.

Use intensive pronouns.

Recognize and correct inappropriate shifts in pronoun number and person.

Recognize and correct vague pronouns ELA.6.37 Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Use commas, parentheses, or dashes to set off nonrestrictive/parenthetical elements.

Spell correctly, consulting references as needed.

ELA.6.38

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Vary sentence patterns for meaning, reader/listener interest, and style.

Maintain consistency in style and tone.

ELA.6.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 6 reading and content, choosing flexibly from a range of strategies.

Use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word.

Consult reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or part of speech.

ELA.6.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings in grade 6 texts.

Interpret figures of speech in context.

Use the relationship between particular words to better understand each of the words.

Distinguish among the connotations of words with similar denotations.

ELA.6.41

Acquire and accurately use grade-appropriate general academic and domain-specific words and phrases; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

English Language Arts – Grade 7 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 7, students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for seventh grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as figurative language, historical context, and layers of meaning), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Students in seventh grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from sixth grade, the following chart highlights the college- and career-readiness indicators that will be developed in seventh grade:

College- and Career-Readiness Indicators for Grade 7 Use word analysis skills to decode unfamiliar words.

Write legibly in cursive or joined italics with correct margins and spacing.

Read and comprehend a variety of complex texts that fall in the 925-1185 Lexile range with scaffolding as needed at the high end of the range.

Analyze how elements of literary text interact and how individuals, events, and ideas interact in informational text; cite textual evidence to support analysis.

Trace and evaluate arguments and claims, assessing whether the reasoning is sound and the evidence is relevant and sufficient to support the claims.

Produce clear and coherent writing appropriate to task, purpose, and audience; develop and strengthen writing as needed by planning, revising, and/or editing, focusing on how well purpose and audience have been addressed.

Gather relevant information from multiple sources, using search terms effectively; assess the credibility and accuracy of each source; avoid plagiarism and follow a standard format for citation (MLA or APA).

Engage effectively with diverse partners in a range of collaborative discussions on grade 7 topics, texts, and issues, posing questions that connect the ideas of multiple speakers and responding to others’ questions with relevant evidence, observations, and ideas.

Present claims and findings to others; emphasize main points; make eye contact; speak loudly; pronounce words clearly and use formal English when the situation calls for it.

Use knowledge of language and its conventions when writing, speaking, reading, or listening; choose language that expresses ideas precisely and concisely, recognizing and eliminating wordiness and redundancy.

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

ELA.7.I

Read grade-level text orally with accuracy, appropriate rate, and expression.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.7.II

Know and apply word analysis skills in decoding unfamiliar words.

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

ELA.7.III

ELA.7.1

Cite several pieces of textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the text.

ELA.7.2

Determine a theme or central idea of a literary text and analyze its development over the course of the text; provide an objective summary of the text.

ELA.7.3

Analyze how particular elements of a story or drama interact.

ELA.7.4

Cite several pieces of textual evidence to support analysis of what the informational text says explicitly as well as inferences drawn from the text.

ELA.7.5

Determine two or more central ideas in an informational text and analyze their development over the course of the text; provide an objective summary of the text.

ELA.7.6

Analyze the interactions between individuals, events, and ideas in an informational text.

ELA.7.7

Determine the meaning of words and phrases as they are used in a literary text, including figurative and connotative meanings; analyze the impact of rhymes and other repetitions of sounds on a specific verse or stanza of a poem or section of a story or drama.

ELA.7.8

Analyze how a drama’s or poem’s form or structure contributes to its meaning.

ELA.7.9

Analyze how an author develops and contrasts the points of view of different characters or narrators in a literary text.

ELA.7.10

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings; analyze the impact of a specific word choice on meaning and tone.

ELA.7.11

Analyze the structure an author uses to organize an informational text, including how the major sections contribute to the whole and to the development of the ideas.

ELA.7.12

Determine an author’s point of view or purpose in an informational text and analyze how the author distinguishes his or her position from that of others.

ELA.7.13

Compare and contrast a written story, drama, or poem to its audio, filmed, staged, or multimedia version, analyzing the effects of techniques unique to each medium.

ELA.7.14

Compare and contrast a fictional portrayal of a time, place, or character and a historical account of the same period as a means of understanding how authors of fiction use or alter history.

ELA.7.15

Compare and contrast a text to an audio, video, or multimedia version of the informational text, analyzing each medium’s portrayal of the subject.

ELA.7.16

Trace and evaluate the argument and specific claims in an informational text, assessing whether the reasoning is sound and the evidence is relevant and sufficient to support the claims.

ELA.7.17

Analyze how two or more authors writing about the same topic shape their presentations of key information by emphasizing different evidence or advancing different interpretations of facts.

ELA.7.18

By the end of the year, read and comprehend literary texts in the grades 6–8 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.7.19

By the end of the year, read and comprehend informational texts in the grades 6–8 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.7.20

Write arguments to support claims with clear reasons and relevant evidence.

Introduce claim(s), acknowledge alternate or opposing claims, and organize the reasons and evidence logically.

Support claim(s) with logical reasoning and relevant evidence, using accurate, credible sources and demonstrating an understanding of the topic or text.

Use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), reasons, and evidence.

Provide a concluding statement or section that follows from and supports the argument presented.

ELA.7.21

Write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content.

Introduce a topic clearly, previewing what is to follow; organize ideas, concepts, and information, using strategies such as definition, classification, comparison/contrast, and cause/effect; include formatting, graphics and multimedia when useful to aid comprehension.

Develop the topic with relevant facts, definitions, concrete details, quotations, or other information and examples.

Use appropriate transitions to create cohesion and clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.7.22

Write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences.

Engage and orient the reader by establishing a context and point of view and introducing a narrator and/or characters; organize an event sequence that unfolds naturally and logically.

Use narrative techniques, such as dialogue, pacing, and description, to develop experiences, events, and/or characters.

Use a variety of transition words, phrases, and clauses to convey sequence and signal shifts from one time frame or setting to another.

Use precise words and phrases, relevant descriptive details, and sensory language to capture the action and convey experiences and events.

Provide a conclusion that follows from and reflects on the narrated experiences or events.

ELA.7.23

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.7.24

With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, or editing to demonstrate command of Language standards up to and including grade 7, focusing on how well purpose and audience have been addressed.

ELA.7.25

Use technology, including the Internet, to produce and publish writing, link to and cite sources, and interact and collaborate with others.

ELA.7.26

Conduct short research projects to answer a question, drawing on several sources and generating additional related, focused questions for further research and investigation.

ELA.7.27

Gather relevant information from multiple print and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation (MLA or APA).

ELA.7.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.7.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of discipline-specific tasks, purposes, and audiences.

ELA.7.30

Engage effectively in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led discussions on grade 7 topics, texts, and issues, building on others’ ideas and expressing ideas clearly.

Come to discussions prepared, having read or researched material under study; explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion.

Follow rules for collegial discussions, track progress toward specific goals and deadlines, and define individual roles as needed.

Pose questions that elicit elaboration, and respond to others’ questions and comments with relevant observations and ideas that bring the discussion back on topic as needed.

Acknowledge new information expressed by others and, when warranted, modify former views.

ELA.7.31

Analyze the main ideas and supporting details presented in print, non-print, and digital formats and explain how the ideas clarify a topic, text, or issue under study.

ELA.7.32

Delineate a speaker’s argument and specific claims, evaluating the soundness of the reasoning and the relevance and sufficiency of the evidence.

ELA.7.33

Present claims and findings, emphasizing salient points in a focused, coherent manner with pertinent descriptions, facts, details, and examples; use appropriate eye contact, adequate volume, and clear pronunciation.

ELA.7.34

Include digital media and visuals in presentations to clarify claims and findings and emphasize salient points.

ELA.7.35

Adapt speech to a variety of contexts and tasks, demonstrating command of grade 7 Language standards, as well as formal English, when indicated or appropriate.

ELA.7.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Explain the function of phrases and clauses in general and their function in specific sentences.

Choose among simple, compound, complex, and compound-complex sentences to signal differing relationships among ideas.

Place phrases and clauses within a sentence, recognizing and correcting misplaced and dangling modifiers.

ELA.7.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Use a comma to separate coordinate adjectives.

Spell correctly, consulting reference materials as needed.

ELA.7.38

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose language that expresses ideas precisely and concisely, recognizing and eliminating wordiness and redundancy.

ELA.7.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 7 reading and content, choosing flexibly from a range of strategies.

Use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech.

ELA.7.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figures of speech in context.

Use the relationship between particular words to better understand each of the words.

Distinguish among the connotations of words with similar denotations.

ELA.7.41

Acquire and accurately use grade-appropriate general academic and domain-specific words and phrases; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

English Language Arts – Grade 8 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 8, students should be should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for eighth grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as figurative language, historical context, and layers of meaning), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Students in eighth grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from seventh grade, the following chart highlights the college- and career-readiness indicators that will be developed in eighth grade:

College- and Career-Readiness Indicators for Grade 8 Use word analysis skills to decode unfamiliar words.

Write legibly in cursive or joined italics with correct margins and spacing.

Read and comprehend a variety of complex texts including texts that fall in the 925-1185 Lexile range.

Analyze how structure or formatting, point of view, and/or interactions between individuals, events, and ideas contribute to the overall meaning of a text; cite textual evidence to support analysis.

Analyze how authors shape their presentations by emphasizing certain evidence or interpretations and assess whether reasoning is sound and evidence is relevant to support claims; cite evidence to support analysis.

Produce clear and coherent writing appropriate to task, purpose, and audience; develop and strengthen writing as needed by planning, revising, and/or editing emphasizing sound reasoning and evidence, precise word choices, smooth transitions, and sentence variation.

Gather relevant information from multiple sources, using search terms effectively; assess the credibility and accuracy of each source; avoid plagiarism and follow a standard format for citation (MLA or APA).

Engage effectively with diverse partners in a range of collaborative discussions on grade 8 topics, texts, and issues, acknowledging new information expressed by others and, when warranted, qualifying or justifying views in light of the evidence presented.

Analyze the purpose of information presented in diverse media and evaluate the motives behind its presentation.

Present findings and claims to others; emphasize key points with relevant evidence and sound reasoning; adapt speech to the audience and the formality of the setting; respond to questions and comments with relevant observations and ideas.

Use knowledge of language and its conventions when writing, speaking, reading, or listening; choose language that expresses ideas precisely and concisely, using strong, active verbs to create a clear picture for the audience.

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

ELA.8.I

Read grade-level text orally with accuracy, appropriate rate, and expression.

Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

ELA.8.II

Know and apply word analysis skills in decoding unfamiliar words.

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

ELA.8.III

ELA.8.1

Cite the textual evidence that most strongly supports an analysis of what the literary text says explicitly as well as inferences drawn from the text.

ELA.8.2

Determine a theme or central idea of a literary text and analyze its development over the course of the text, including its relationship to the characters, setting, and plot; provide an objective summary of the text.

ELA.8.3

Analyze how particular lines of dialogue or incidents in a story or drama propel the action, reveal aspects of a character, or provoke a decision.

ELA.8.4

Cite the textual evidence that most strongly supports an analysis of what the informational text says explicitly as well as inferences drawn from the text.

ELA.8.5

Determine a central idea of an informational text and analyze its development over the course of the text, including its relationship to supporting ideas; provide an objective summary of the text.

ELA.8.6

Analyze how an informational text makes connections among and distinctions between individuals, ideas, or events.

ELA.8.7

Determine the meaning of words and phrases as they are used in a literary text, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including analogies or allusions to other texts.

ELA.8.8

Compare and contrast the structure of two or more literary texts and analyze how the differing structure of each text contributes to its meaning and style.

ELA.8.9

Analyze how differences in the points of view of the characters and the audience or reader create such effects as suspense or humor in a literary text.

ELA.8.10

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings; analyze the impact of specific word choices on meaning and tone, including analogies or allusions to other texts.

ELA.8.11

Analyze in detail the structure of a specific paragraph in an informational text, including the role of particular sentences in developing and refining a key concept.

ELA.8.12

Determine an author’s point of view or purpose in an informational text and analyze how the author acknowledges and responds to conflicting evidence or viewpoints.

ELA.8.13

Analyze the extent to which a filmed or live production of a story or drama stays faithful to or departs from the text or script, evaluating the choices made by the director or actors.

ELA.8.14

Analyze how a modern work of fiction draws on themes, patterns of events, or character types from myths, traditional stories, or religious works, including describing how the material is transformed in the modern work.

ELA.8.15

Evaluate the advantages and disadvantages of using different mediums to present a particular topic or idea.

ELA.8.16

Delineate and evaluate the argument and specific claims in an informational text, assessing whether the reasoning is sound and the evidence is relevant and sufficient; recognize when irrelevant evidence is introduced.

ELA.8.17

Analyze a case in which two or more informational texts provide conflicting information on the same topic and identify where the texts disagree on matters of fact or interpretation.

ELA.8.18

By the end of the year, read and comprehend literary texts at the high end of grades 6–8 text complexity range independently and proficiently.

ELA.8.19

By the end of the year, read and comprehend informational texts at the high end of the grades 6–8 text complexity range independently and proficiently.

ELA.8.20

Write arguments to support claims with clear reasons and relevant evidence.

Introduce claim(s), acknowledge and distinguish the claim(s) from alternate or opposing claims, and organize the reasons and evidence logically.

Support claim(s) with logical reasoning and relevant evidence, using accurate, credible sources and demonstrating an understanding of the topic or text.

Use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), counterclaims, reasons, and evidence.

Provide a concluding statement or section that follows from and supports the argument presented.

ELA.8.21

Write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content.

Introduce a topic clearly, previewing what is to follow; organize ideas, concepts, and information into broader categories; include formatting, graphics, and multimedia when useful to aid comprehension.

Develop the topic with relevant, well-chosen facts, definitions, concrete details, quotations, or other information and examples.

Use appropriate and varied transitions to create cohesion and clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.8.22

Write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences.

Engage and orient the reader by establishing a context and point of view and introducing a narrator and/or characters; organize an event sequence that unfolds naturally and logically.

Use narrative techniques, such as dialogue, pacing, description, and reflection, to develop experiences, events, and/or characters.

Use a variety of transition words, phrases, and clauses to convey sequence, signal shifts from one time frame or setting to another, and show the relationships among experiences and events.

Use precise words and phrases, relevant descriptive details, and sensory language to capture the action and convey experiences and events.

Provide a conclusion that follows from and reflects on the narrated experiences or events.

ELA.8.23

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.8.24

With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, or editing to demonstrate command of the Language standards up to and including grade 8, focusing on how well purpose and audience have been addressed.

ELA.8.25

Use technology to produce and publish writing, present the relationships between information and ideas efficiently, and interact and collaborate with others.

ELA.8.26

Conduct short research projects to answer a question, (including a self-generated question), drawing on several sources and generating additional related, focused questions that allow for multiple avenues of exploration.

ELA.8.27

Gather relevant information from multiple print and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation (MLA or APA).

ELA.8.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.8.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of discipline-specific tasks, purposes, and audiences.

ELA.8.30

Engage effectively in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led discussions on grade 8 topics, texts, and issues, building on others’ ideas and expressing ideas clearly.

Come to discussions prepared, having read or researched material under study; explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion.

Follow rules for collegial discussions and decision-making, track progress toward specific goals and deadlines, and define individual roles as needed.

Pose questions that connect the ideas of several speakers and respond to others’ questions and comments with relevant evidence, observations, and ideas.

Acknowledge new information expressed by others and, when warranted, qualify or justify views in light of the evidence presented.

ELA.8.31

Analyze the purpose of information presented in digital, print, and non-print media and evaluate the motives behind its presentation.

ELA.8.32

Delineate a speaker’s argument and specific claims, evaluating the soundness of the reasoning and relevance and sufficiency of the evidence; identify when irrelevant evidence is introduced.

ELA.8.33

Present claims and findings, emphasizing significant points in a focused, coherent manner with relevant evidence, sound, valid reasoning, and well-chosen details; use appropriate eye contact, adequate volume, and clear pronunciation.

ELA.8.34

Integrate digital media and visuals into presentations to clarify information, strengthen claims and evidence, and add interest.

ELA.8.35

Adapt speech to a variety of contexts and tasks, demonstrating command of grade 8 Language standards, as well as formal English, when indicated or appropriate.

ELA.8.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Explain the function of gerunds, participles, and infinitives in general and their function in particular sentences.

ELA.8.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Use a comma, ellipsis, or dash to indicate a pause or break.

Use an ellipsis to indicate an omission.

Spell correctly, consulting reference materials as needed.

ELA.8.38

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Use verbs in the active and passive voice.

Use verbs in the indicative, imperative, interrogative, conditional and subjunctive mood to achieve particular effects.

Recognize and correct inappropriate shifts in verb voice and mood.

ELA.8.39

Determine or clarify the meaning of unknown and multiple-meaning words or phrases based on grade 8 reading and content, choosing flexibly from a range of strategies.

Use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech.

ELA.8.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figures of speech in context.

Use the relationship between particular words to better understand each of the words.

Distinguish among the connotations of words with similar denotations.

ELA.8.41

Acquire and accurately use grade-appropriate general academic and domain-specific words and phrases; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

English Language Arts – Grade 9 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 9, students should be should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for ninth grade in order to meet college- and career-readiness expectations. The complexity of a text includes quantitative complexity (such as Lexile), qualitative complexity (such as figurative language, historical context, and layers of meaning), and reader and task considerations (such as student interest/motivation and instructional goal for reading). Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Students in ninth grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from eighth grade, the following chart highlights the college- and career-readiness indicators that will be developed in ninth grade:

College- and Career-Readiness Indicators for Grade 9 Read and comprehend a variety of complex texts including texts that fall in the 1050-1335 Lexile range with scaffolding as needed at the high end of the range.

Analyze how authors develop complex characters, individuals, or events, represent cultural experiences, transform source material, and/or build upon themes and concepts in influential and significant historical and literary works; cite textual evidence to support analysis.

Assess claims and arguments; make judgments about whether evidence is trustworthy and reasoning is logical.

Use advanced searches effectively to gather relevant information from authoritative sources; assess the credibility and usefulness of each source; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation (MLA or APA).

Use complex ideas, strong evidence, descriptive details, and cohesive structure to express a point of view for a variety of purposes, tasks, and audiences.

Initiate and effectively participate in a range of collaborative discussions with diverse partners on grade 9 topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively; read and research material under study explicitly drawing on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Make strategic use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Write and edit work so that it conforms to the guidelines in a style manual (MLA Handbook or APA Handbook) appropriate for the discipline and writing type.

ELA.9.1

Cite strong and thorough textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the literary text.

ELA.9.2

Determine a theme or central idea of a literary text and analyze in detail its development over the course of the literary text, including how it emerges and is shaped and refined by specific details; provide an objective summary of the literary text.

ELA.9.3

Analyze how complex characters develop over the course of a literary text, interact with other characters, and advance the plot or develop the theme.

ELA.9.4

Cite strong and thorough textual evidence to support analysis of what the informational text says explicitly as well as inferences drawn from the informational text.

ELA.9.5

Determine a central idea of an informational text and analyze its development over the course of the informational text, including how it is developed and refined by specific details; provide an objective summary of the informational text.

ELA.9.6

Analyze how the author unfolds an analysis or series of ideas or events in an informational text, including the order in which the points are made, how they are introduced and developed, and the connections that are drawn between them.

ELA.9.7

Determine the meaning of words and phrases as they are used in the literary text, including figurative and connotative meanings; analyze the cumulative impact of specific word choices on meaning and tone.

ELA.9.8

Analyze how an author’s choices concerning how to structure a literary text, order events within it, and manipulate time create such effects as mystery, tension, or surprise.

ELA.9.9

Analyze a particular point of view or cultural experience reflected in a work of literature from outside the United States, drawing on a wide reading of world literature.

ELA.9.10

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings; analyze the cumulative impact of specific word choices on meaning and tone.

ELA.9.11

Analyze in detail how an author’s ideas or claims are developed and refined by particular sentences, paragraphs, or larger portions of an informational text.

ELA.9.12

Determine an author’s point of view or purpose in an informational text and analyze how the author uses rhetoric to advance that point of view or purpose.

ELA.9.13

Analyze the representation, in a literary text, of a subject or a key scene in two different artistic mediums, including what is emphasized or absent in each treatment.

ELA.9.14

Analyze how an author draws on and transforms source material in a specific literary work.

ELA.9.15

Analyze various accounts of a subject told in different mediums, determining which details are emphasized in each account.

ELA.9.16

Delineate and evaluate the argument and specific claims in an informational text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning.

ELA.9.17

Analyze influential U.S. documents of historical and literary significance, including how they address related themes and concepts.

ELA.9.18

By the end of the year, read and comprehend literary texts in the grade 9-10 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.9.19

By the end of the year, read and comprehend informational texts in the grades 9-10 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.9.20

Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly, supplying evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level and concerns.

Use words, phrases, and clauses to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the argument presented.

ELA.9.21

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information to make important connections and distinctions; include formatting, graphics, and multimedia when useful to aid comprehension.

Develop the topic with well-chosen, relevant and sufficient facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use appropriate and varied transitions to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language and domain-specific vocabulary to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.9.22

Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation, establishing one or multiple point(s) of view and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences events and/or characters.

Use a variety of techniques to sequence events so that they build on one another to create a coherent whole.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

ELA.9.23

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.9.24

Develop and strengthen writing as needed by planning, revising, rewriting, trying a new approach, or editing to demonstrate command of all Language standards up to and including grade 9, focusing on addressing what is most significant for a specific purpose and audience.

ELA.9.25

Use technology to produce, publish, and update individual or shared writing products, taking advantage of technology’s capacity to link to other information and to display information flexibly and dynamically.

ELA.9.26

Conduct short, as well as more sustained, research projects to answer a question, (including a self-generated question), or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

ELA.9.27

Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the usefulness of each source in answering the research question; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation (MLA or APA).

ELA.9.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.9.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of tasks, purposes, and audiences.

ELA.9.30

Initiate and effectively participate in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led discussions on grade 9 topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively.

Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to set rules for collegial discussions and decision-making; set clear goals, deadlines, and individual roles as needed.

Propel conversations by posing and responding to questions that relate the current discussion to broader themes or larger ideas; actively incorporate others into the discussion; and clarify, verify, or challenge ideas and conclusions.

Respond thoughtfully to diverse perspectives; summarize points of agreement and disagreement and, when warranted, qualify or justify views and understanding and make new connections in light of the evidence and reasoning presented.

ELA.9.31

Integrate multiple sources of information presented in diverse media or formats, evaluating the credibility and accuracy of each source.

ELA.9.32

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, identifying any fallacious reasoning or exaggerated or distorted evidence.

ELA.9.33

Present information, findings, and supporting evidence clearly, concisely, and logically, such that listeners can follow the line of reasoning and the organization, development, substance, and style are appropriate to purpose, audience, and task.

ELA.9.34

Make strategic use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

ELA.9.35

Adapt speech to a variety of contexts and tasks, demonstrating command of grade 9 Language standards, as well as formal English, when indicated or appropriate.

ELA.9.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Use parallel structure.

Use various types of phrases including noun, verb, adjectival, participial, prepositional, and absolute and clauses including independent, dependent, noun, relative, and adverbial to convey specific meanings and add variety and interest to writing or presentations ELA.9.37 Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Use a semicolon (and perhaps a conjunctive adverb) to link two or more closely related independent clauses.

Use a colon to introduce a list or quotation.

Spell correctly, consulting reference materials as needed.

ELA.9.38

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Write and edit work so that it conforms to the guidelines in a style manual (MLA Handbook or APA Handbook) appropriate for the discipline and writing type.

ELA.9.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 9 reading and content, choosing flexibly from a range of strategies.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech).

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, part of speech, or etymology.

ELA.9.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

ELA.9.41

Acquire and accurately use general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college- and career-readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

English Language Arts – Grade 10 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 10, students should be should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for tenth grade in order to meet college- and career-readiness expectations. Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Students in tenth grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from ninth grade, the following chart highlights the college- and career-readiness indicators that will be developed in tenth grade:

College and Career Readiness Indicators for Grade 10 Read and comprehend a variety of complex texts including texts that fall in the 1050-1335 Lexile range.

Analyze and defend how author draw on or transforms source material; including how they address related themes and content.

Analyze a variety of literary texts reflecting the cultural experience and point of view of authors from outside the United States; cite textual evidence to support analysis.

Use advanced searches effectively to gather relevant information from authoritative sources; assess the credibility and usefulness of each source; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation (MLA or APA).

Use complex ideas, strong evidence, descriptive details, and cohesive structure to express a point of view for a variety of purposes, tasks, and audiences.

Come to discussions prepared; draw on preparation by referring to evidence from texts and other research to stimulate a thoughtful, well-reasoned exchange of ideas on grade 10 texts or topics.

Work with peers to set rules for democratic, collegial discussions and decision-making.

Integrate multiple sources of information presented in diverse media or formats; enhance findings and evidence using digital media.

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Build a comprehensive vocabulary; learn new words and phrases using context and related words.

Learn and use new techniques to make writing compelling, such as parallel structure and a variety of clauses/phrases.

ELA.10.1

Cite strong and thorough textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the text, recognizing when the text leaves matters uncertain.

ELA.10.2

Determine two themes or central ideas of a literary text and analyze in detail their development over the course of the literary text, including how they emerge and are shaped and refined by specific details; provide an objective summary of the literary text.

ELA.10.3

Analyze how complex characters develop over the course of a literary text, interact with other characters, and affect the plot or develop the theme.

ELA.10.4

Cite strong and thorough textual evidence to support analysis of what the informational text says explicitly as well as inferences drawn from the informational text, recognizing when the text leaves matters uncertain.

ELA.10.5

Determine two central ideas of an informational text and analyze their development over the course of the informational text, including how they emerge and are shaped and refined by specific details; provide an objective summary of the informational text.

ELA.10.6

Analyze how the author unfolds an analysis or series of complex ideas or events in informational texts, including the order in which the points are made, how they are developed, and how they interact.

ELA.10.7

Determine the meaning of multiple-meaning words and phrases as they are used in a literary text, including figurative and connotative meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language evokes a sense of time and place or how it sets a formal or informal tone).

ELA.10.8

Analyze how an author’s choices concerning how to structure a literary text, order events within it, and manipulate time contribute to its overall structure and create such effects as mystery, tension, or surprise.

ELA.10.9

Analyze and defend a particular point of view or cultural experience reflected in a work of literature from outside the United States, drawing on a wide reading of world literature.

ELA.10.10

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings; analyze and defend the cumulative impact of specific word choices on meaning and tone.

ELA.10.11

Analyze and defend in detail how an author’s ideas or claims are developed and refined by particular sentences, paragraphs, or larger portions of an informational text.

ELA.10.12

Determine an author’s point of view or purpose in an informational text and evaluate how the author uses rhetoric to advance that point of view or purpose.

ELA.10.13

Analyze the representation, in a literary text, of a subject or a key scene in two or more different artistic mediums, including what is emphasized or absent in each treatment and why.

ELA.10.14

Analyze and defend how an author draws on and transforms source material in a specific literary work.

ELA.10.15

Analyze and defend various accounts of a subject told in different mediums, determining which details are emphasized in each account.

ELA.10.16

Delineate and evaluate the argument and specific claims and counterclaims in an informational text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning.

ELA.10.17

Analyze and defend influential U.S. documents of historical and literary significance, including how they address related themes and concepts.

ELA.10.18

By the end of the year, read and comprehend literary texts independently and proficiently, at the high end of the grade 9-10 text complexity range.

ELA.10.19

By the end of the year, read and comprehend informational texts, independently and proficiently, at the high end of the grade 9-10 text complexity range.

ELA.10.20

Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Introduce precise, knowledgeable claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly, supplying relevant evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level and concerns.

Use a variety of words, phrases, and clauses to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the argument presented.

ELA.10.21

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information to analyze important connections and distinctions; include formatting, graphics, and multimedia when useful to aid comprehension.

Develop the topic with well-chosen, relevant, significant, and sufficient facts; extended definitions; concrete details, quotations, or other information; and examples appropriate to the audience’s knowledge of the topic.

Use appropriate and varied transitions to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language and domain-specific vocabulary to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.10.22

Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation, establishing one or multiple point(s) of view and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use a variety of techniques to sequence events so that they build on one another to create a coherent whole and build upon a particular outcome.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

ELA.10.23

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.10.24

Develop and strengthen writing as needed by planning, revising, trying a new approach, or editing to show a command of all Language standards up to and including grade 10, focusing on addressing what is most significant for a specific purpose and audience.

ELA.10.25

Use technology to produce, publish, and update individual or shared writing products, taking advantage of technology’s capacity to link to other information and to display information flexibly and dynamically in response to ongoing feedback.

ELA.10.26

Conduct short, as well as more sustained, research projects to answer a question, including a self-generated question, or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

ELA.10.27

Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the usefulness of each source in terms of task, purpose, and audience and in answering the research question; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation (MLA or APA).

ELA.10.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.10.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of tasks, purposes, and audiences.

ELA.10.30

Initiate and effectively participate in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led discussions on grade 10 topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively.

Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to set rules for democratic, collegial discussions and decision-making (e.g., informal consensus, taking votes on key issues, presentation of alternate views); establish clear goals, deadlines, and individual roles as needed.

Propel conversations by posing and responding to questions that relate the current discussion to broader themes or larger ideas; actively incorporate others’ perspectives into the discussion; and clarify, verify, or challenge ideas and conclusions.

Respond thoughtfully to diverse perspectives; analyze points of agreement and disagreement and, when warranted, qualify or justify views and understanding and make new connections in light of the evidence and reasoning presented.

ELA.10.31

Integrate multiple sources of information presented in diverse media or formats, evaluating the credibility and accuracy of each source in order to make decisions and solve problems.

ELA.10.32

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, assessing any fallacious reasoning or exaggerated or distorted evidence.

ELA.10.33

Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning and the organization, development, substance, and style are appropriate to purpose, audience, and task.

ELA.10.34

Make strategic use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

ELA.10.35

Adapt speech to a variety of contexts and tasks, demonstrating command of grade 10 Language standards, as well as formal English, when indicated or appropriate.

ELA.10.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Use various types of phrases including noun, verb, adjectival, adverbial, participial, prepositional, or absolute and clauses including independent, dependent, noun, relative, and adverbial to convey specific meanings and add variety and interest to writing or presentations.

ELA.10.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Use a colon to introduce a list or quotation.

Spell correctly, using reference sources as needed.

ELA.10.38

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Write and edit work so that it conforms to the guidelines in a style manual (MLA Handbook or APA Handbook) appropriate for the discipline and writing type.

ELA.10.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 10 reading and content, choosing flexibly from a range of strategies.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, part of speech, or etymology.

ELA.10.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

ELA.10.41

Acquire and accurately use general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college- and career-readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

English Language Arts – Grade 11 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 11, students should be should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for eleventh grade in order to meet college- and career-readiness expectations. Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Students in eleventh grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from tenth grade, the following chart highlights the college- and career-readiness indicators that will be developed in eleventh grade:

College and Career Readiness Indicators for Grade 11 Analyze how word choices and phrasing convey meaning and add complexity to works of historical and modern authors.

Read and comprehend increasingly complex texts including texts that fall in the 1185-1385 Lexile range; examine themes and use textual evidence to support analysis of literary and informational texts.

Write argumentative pieces that introduce and develop claims and counterclaims fairly; effectively integrate accurate information from reliable sources to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation (MLA or APA).

Use technology to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used; give thoughtful feedback and accept feedback graciously.

Make strategic use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Demonstrate knowledge of Standard English conventions when speaking and writing; apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

ELA.11.1

Cite strong and thorough textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the text, including determining where the text leaves matters uncertain.

ELA.11.2

Determine two or more themes or central ideas of a literary text and analyze their development over the course of the text, including how they interact and build on one another to produce a complex account; provide an objective summary of the text.

ELA.11.3

Analyze the impact of the author’s choices regarding how to develop and relate elements of a story or drama.

ELA.11.4

Cite strong and thorough textual evidence to support analysis of what the informational text says explicitly as well as inferences drawn from the text, including determining where the text leaves matters uncertain.

ELA.11.5

Determine two or more central ideas of an informational text and analyze their development over the course of the text, including how they interact and build on one another to provide a complex analysis; provide an objective summary of the text.

ELA.11.6

Analyze a complex set of ideas or sequence of events and explain how specific individuals, ideas, or events interact and develop over the course of the informational text.

ELA.11.7

Determine the meaning of words and phrases as they are used in the literary text, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including words with multiple meanings or language that is particularly fresh, engaging, or beautiful.

ELA.11.8

Analyze how an author’s choices concerning how to structure specific parts of a literary text contribute to its overall structure and meaning as well as its aesthetic impact.

ELA.11.9

Analyze a case in which grasping a point of view requires distinguishing what is directly stated in a literary text from what is really meant.

ELA.11.10

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings; analyze how an author uses and refines the meaning of a key term or terms over the course of a text.

ELA.11.11

In informational text, analyze and evaluate the effectiveness of the structure an author uses in his or her exposition or argument, including whether the structure makes points clear, convincing, and engaging.

ELA.11.12

Determine an author’s point of view or purpose in an informational text in which the rhetoric is particularly effective, analyzing how style and content contribute to the power, persuasiveness, or beauty of the text.

ELA.11.13

Analyze multiple interpretations of a story, poem, or drama evaluating how each version interprets the source text.

ELA.11.14

Demonstrate knowledge of eighteenth-, nineteenth-, and early-twentieth-century foundational works of American literature, including how two or more literary texts from the same period treat similar themes or topics.

ELA.11.15

Integrate and evaluate multiple sources of information presented in different media or formats as well as in words in order to address a question or solve a problem.

ELA.11.16

Delineate and evaluate the reasoning in influential U.S. informational texts, including the application of constitutional principles and the premises, purposes, and arguments in works of public advocacy.

ELA.11.17

Analyze seventeenth-, eighteenth-, and nineteenth-century foundational U.S. informational documents of historical and literary significance for their themes, purposes, and rhetorical features.

ELA.11.18

By the end of the year, read and comprehend literary texts in the grades 11–12 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.11.19

By the end of the year, read and comprehend informational texts in the grades 11-12 text complexity range proficiently, with scaffolding as needed at the high end of the range.

ELA.11.20

Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Introduce precise, knowledgeable claim(s); establish the significance of the claim(s); distinguish the claim(s) from alternate or opposing claims, and create an organization that logically sequences claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly and thoroughly, supplying the most relevant evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level, concerns, values, and possible biases.

Use words, phrases, and clauses as well as varied syntax to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the argument presented.

ELA.11.21

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole; include formatting, graphics, and multimedia when useful to aid comprehension.

Develop the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use appropriate and varied transitions and syntax to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language, domain-specific vocabulary, and techniques such as metaphor, simile, and analogy to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.11.22

Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation and its significance, establishing one or multiple point(s) of view and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use a variety of techniques to sequence events so that they build on one another to create a coherent whole and build toward a particular tone and outcome.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

ELA.11.23

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.11.24

Develop and strengthen writing as needed by planning, revising, trying a new approach, or editing to demonstrate command of all Language standards up to and including grade 12, focusing on addressing what is most significant for a specific purpose and audience.

ELA.11.25

Use technology to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

ELA.11.26

Conduct short, as well as more sustained, research projects to answer a question, (including a self-generated question), or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

ELA.11.27

Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the task, purpose, and audience; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation (MLA or APA).

ELA.11.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.11.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of tasks, purposes, and audiences.

ELA.11.30

Initiate and effectively participate in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led discussions on grade 11 topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively.

Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to promote civil, democratic discussions and decision-making; establish clear goals, deadlines, and individual roles as needed.

Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives.

Respond thoughtfully to diverse perspectives; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.

ELA.11.31

Integrate multiple sources of information presented in diverse formats and media in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and noting any discrepancies among the data.

ELA.11.32

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used.

ELA.11.33

Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning; alternative or opposing perspectives are addressed and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks.

ELA.11.34

Make strategic use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

ELA.11.35

Adapt speech to a variety of contexts and tasks, demonstrating command of Language standards up to and including grade 11, as well as formal English, when indicated or appropriate.

ELA.11.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

ELA.11.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Observe hyphenation conventions.

Spell correctly, using reference materials as needed.

ELA.11.38

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Vary syntax for effect by consulting references for guidance as needed; apply an understanding of syntax to the study of complex texts when reading.

ELA.11.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 11 reading and content, choosing flexibly from a range of strategies.

Use context a clue to the meaning of a word or phrase.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, its part of speech, etymology, or standard usage.

ELA.11.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

ELA.11.41

Acquire and accurately use general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college- and career-readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

English Language Arts – Grade 12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. In grade 12, students should be should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts appropriate for twelfth grade in order to meet college- and career-readiness expectations. Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Students in twelfth grade will continue enhancing skills in a developmentally-appropriate progression of standards. Following the skill progressions from eleventh grade, the following chart highlights the college- and career-readiness indicators that will be developed in twelfth grade:

College and Career Readiness Indicators for Grade 12 Critically evaluate how authors’ word choices, phrasing, and use of structure adds complexity, beauty, or persuasiveness to the text.

Read and comprehend increasingly complex texts including texts that fall in the 1185-1385 Lexile range; examine themes, and use textual evidence to support summaries and analysis of literary and informational texts.

Write argumentative pieces that introduce and develop claims and counterclaims fairly; effectively integrate accurate information from reliable sources to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation (MLA or APA).

Use technology to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used; give thoughtful feedback and accept feedback graciously.

Make strategic and engaging use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Demonstrate knowledge of Standard English conventions when speaking and writing; apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

ELA.12.1

Cite strong and thorough textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the text and a variety of other sources, including determining where and why the literary text leaves matters uncertain.

ELA.12.2

Determine two or more themes or central ideas of a literary text and analyze their development over the course of the text, including how they interact and build on one another to produce a complex account; provide an objective and critical analysis of the literary text.

ELA.12.3

Analyze the impact of the author’s choices regarding how to develop and relate elements of a story or drama.

ELA.12.4

Cite strong and thorough textual evidence to support analysis of what the informational text says explicitly as well as inferences drawn from the text, including determining where and why the informational text leaves matters uncertain.

ELA.12.5

Determine two or more central ideas of an informational text and analyze their development over the course of the text, including how they interact and build on one another to provide a complex and critical analysis; provide an objective summary of the informational text.

ELA.12.6

Analyze a complex set of ideas or sequence of events and explain how specific individuals, ideas, or events interact and develop over the course of the informational text and media.

ELA.12.7

Determine the meaning of words and phrases as they are used in a variety of literary texts, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including words with multiple meanings or language that is particularly fresh, engaging, or beautiful.

ELA.12.8

Analyze how an author’s choices concerning how to structure specific parts of a literary text contribute to its overall structure and meaning as well as its aesthetic impact.

ELA.12.9

Analyze and defend a case in which grasping a point of view requires distinguishing what is directly stated in a literary text from what is really meant.

ELA.12.10

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings; analyze how and why an author uses and refines the meaning of a key term or terms over the course of an informational text.

ELA.12.11

In informational text, analyze and evaluate the effectiveness of the structure an author uses in his or her exposition or argument, including how the author uses structure to make points clear, convincing, and engaging.

ELA.12.12

Determine an author’s point of view, purpose, and tone in an informational text in which the rhetoric is particularly effective, analyzing how style and content contribute to the power, persuasiveness, or beauty of the text.

ELA.12.13

Analyze multiple interpretations of a story, poem, or drama critically evaluating how each version interprets the source text.

ELA.12.14

Demonstrate a deep knowledge of eighteenth-, nineteenth-, and early-twentieth-century foundational works of American literature, including how multiple literary texts from the same period treat similar themes or topics.

ELA.12.15

Integrate, evaluate, and synthesize multiple sources of information presented in different media or formats as well as in words in order to address a question or solve a problem.

ELA.12.16

Delineate and evaluate the reasoning in influential U.S. informational texts, including the application of constitutional principles and the premises, purposes, and arguments in works of public advocacy.

ELA.12.17

Analyze seventeenth-, eighteenth-, and nineteenth-century foundational U.S. informational documents of historical and literary significance for their themes, purposes, rhetorical features, and current relevancy.

ELA.12.18

By the end of the year, read and comprehend literary texts independently and proficiently at the high end of the grades 11–12 text complexity range.

ELA.12.19

By the end of the year, read and comprehend informational texts independently and proficiently at the high end of the grades 11-12 text complexity range.

ELA.12.20

Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Introduce precise, knowledgeable claim(s); establish the significance of the claim(s); distinguish the claim(s) from alternate or opposing claims and create an organization that logically sequences claim(s), counterclaims, reasons, and evidence.

Develop and justify claim(s) and counterclaims fairly and thoroughly, supplying the most relevant evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level, concerns, values, and possible biases.

Analyze words, phrases, and clauses as well as varied syntax to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the argument presented.

ELA.12.21

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole; include formatting, graphics, and multimedia when useful to aid comprehension.

Evaluate the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use and evaluate appropriate and varied transitions and syntax to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language, domain-specific vocabulary, and techniques such as metaphor, simile, and analogy to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.12.22

Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation and its significance, establishing multiple point(s) of view and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use and evaluate a variety of techniques to sequence events so that they build on one another to create a coherent whole and build toward a particular tone and outcome.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

ELA.12.23

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.12.24

Develop and strengthen writing as needed by planning, revising, trying a new approach, or editing, demonstrating a command of Language standards up to and including grade 12 and focusing on addressing what is most significant for a specific purpose and audience.

ELA.12.25

Use technology to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

ELA.12.26

Conduct sustained research projects to answer a question, including a self-generated question, or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

ELA.12.27

Gather and synthesize relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the task, purpose, and audience; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation (MLA or APA).

ELA.12.28

Draw evidence from literary or informational texts and apply grade-level Reading standards to support analysis, reflection, and research.

ELA.12.29

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of tasks, purposes, and audiences.

ELA.12.30

Initiate and effectively participate in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led on grade 12 topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively.

Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to promote civil, democratic discussions and decision-making; set clear goals and deadlines; establish norms and experience various individual roles.

Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives.

Respond thoughtfully to diverse perspectives; synthesize and evaluate comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.

ELA.12.31

Integrate multiple sources of information presented in diverse formats and media in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and analyzing any discrepancies among the data.

ELA.12.32

Evaluate a speaker’s point of view, reasoning, and uses of evidence and rhetoric, in order to assess the stance, premises, links among ideas, word choice, points of emphasis, and tone used among multiple speakers.

ELA.12.33

Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning; address alternative or opposing perspectives and determine if the organization, development, substance, and style are appropriate to purpose, audience and a range of formal and informal tasks.

ELA.12.34

Make strategic and engaging use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

ELA.12.35

Adapt speech to a variety of contexts and tasks, demonstrating command of Language standards up to and including grade 12 as well as formal English, when indicated or appropriate.

ELA.12.36

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

ELA.12.37

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Observe hyphenation conventions.

Spell correctly, consulting reference materials as needed.

ELA.12.38

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Vary syntax for effect, consulting references for guidance as needed; apply an understanding of syntax to the study of complex texts when reading.

ELA.12.39

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 12 reading and content, choosing flexibly from a range of strategies.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, its part of speech, etymology, or standard usage.

ELA.12.40

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

ELA.12.41

Acquire and accurately use general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college- and career-readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

Creative Writing and Reading All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. Students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts in order to meet college- and career-readiness expectations. Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Creative Writing and Reading provides an overview of literary analysis and emphasizes the creation of a body of student’s original work in order to reflect growth and development in the student’s writing craft over time. Students engage in rigorous examination of prose, poetry, and drama through the application of multiple critical lenses. Special attention is given to studying literary structures and elements beyond the scope of foundational English language arts courses. Students will continue enhancing skills in a developmentally-appropriate progression of standards. If a county chooses to use Creative Writing and Reading as a fourth course option, text complexity and language expectations should follow from the progression of the eleventh grade level standards. The following chart highlights the college- and career-readiness indicators that will be developed in this course:

College- and Career-Readiness Indicators for Creative Writing and Reading Read increasingly challenging literary texts (poetry, prose, and drama), examine themes, and use evidence to support summaries and analyses of literary texts, including texts in the 1185-1385 Lexile range.

Analyze multiple interpretations of prose, poetry, or drama through a variety of critical lenses, evaluating how each version interprets the source text.

Write and revise in multiple modes of discourse, including narrative, poetry, drama, argument, and informational writing.

Maintain multiple drafts and revisions of original works to reflect growth and development in the writer’s craft over time.

Evaluate others’ points of view during class discussions; give thoughtful feedback on the effectiveness of analysis, veracity of evidence, and overall strength of viewpoint; accept feedback graciously and constructively.

Give class presentations that contain an original perspective on a subject, use evidence to support analysis, and address opposing points of view.

Understand and use complex phrases and figures of speech.

Use proper spelling, capitalization, and punctuation in written works; demonstrate knowledge of Standard English conventions when speaking and writing.

Numbering of Standards The ranges in the chart below relate to the clusters found within the English language arts domains: 1-4 5-10 11-13 14-15 16-20 21-23 24-25 27-29 30-32 33-34 Vocabulary Use and Acquisition 36-38 ELA.C.1 Cite strong and thorough textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the text and a variety of other sources, including determining where and why the literary text leaves matters uncertain.

ELA.C.2

Determine two or more themes or central ideas of a literary text and analyze their development over the course of the text, including how they interact and build on one another to produce a complex account; provide an objective and critical analysis of the literary text.

ELA.C.3

Analyze the impact of the author’s choices regarding how to develop and relate elements of a story or drama and how specific characters, ideas or events interact and develop over the course of the text or media.

ELA.C.4

Cite strong and thorough textual evidence to support analysis of what informational text says explicitly as well as inferences drawn from the text, including determining where and why the informational text leaves matters uncertain.

ELA.C.5

Determine the meaning of words and phrases as they are used in a variety of literary texts, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including words with multiple meanings or language that is particularly fresh, engaging, or beautiful.

ELA.C.6

Analyze how an author’s choices concerning how to structure specific parts of a literary text contribute to its overall structure and meaning as well as its aesthetic impact.

ELA.C.7

Analyze and defend a case in which grasping a point of view requires distinguishing what is directly stated in a literary text from what is really meant.

ELA.C.8

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and literal meanings; analyze how and why an author uses and refines the meaning of a key term or terms over the course of a text.

ELA.C.9

Analyze and evaluate the effectiveness of the structure an author uses in his or her literary text including how the author uses structure to make points clear, convincing, and engaging.

ELA.C.10

Determine an author’s point of view, purpose, and tone in an informational text in which the language is particularly effective, analyzing how style and content contribute to the power, persuasiveness, or beauty of the text.

ELA.C.11

Analyze multiple interpretations of prose, poetry, or drama through a variety of critical lenses, evaluating how each version interprets the source text.

ELA.C.12

Demonstrate a deep knowledge of a variety of works of literature, including how multiple literary texts from the same period treat similar themes or topics.

ELA.C.13

Integrate, evaluate, and synthesize multiple interpretations of a literary work presented in different media or formats in order to produce and defend a claim about the work.

ELA.C.14

By the end of the year, read and comprehend increasingly complex prose, poetry, and drama independently and proficiently, including texts in the grades 11-12 complexity range.

ELA.C.15

By the end of the year, read and comprehend increasingly complex informational texts independently and proficiently, including texts in the grades 11-12 complexity range.

Text Types of Purposes ELA.C.16 Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation and its significance, establishing multiple point(s) of view and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use and evaluate a variety of techniques to sequence events so that they build on one another to create a coherent whole and build toward a particular tone and outcome.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences events, setting, and/or characters.

Provide a purposeful resolution or deliberate lack thereof (e.g. a cliffhanger) that follows from and reflects on what is experienced and/or observed over the course of the narrative.

ELA.C.17

Write poems to develop real or imagined experiences, events, topics, or ideas using effective technique, and well-chosen details.

Use and evaluate a variety of techniques, structures, and styles that build on one another to create a coherent whole and build toward a particular tone and outcome.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences events, setting, and/or characters.

Use precise language, domain-specific vocabulary, and figurate language to manage the complexity of the topic.

ELA.C.18

Write short works of drama to develop real or imagined experiences or events using effective techniques, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation and its significance, establishing multiple point(s) of view and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, stage-directions, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use and evaluate a variety of techniques to sequence events so that they build on one another to create a coherent whole and build toward a particular tone and outcome.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

Demonstrate and apply knowledge of elements of drama in creation of an original work.

ELA.C.19

Write arguments to support claims in an analysis of prose, poetry or drama, using valid reasoning and relevant and sufficient evidence.

Introduce precise, knowledgeable claim(s); establish the significance of the claim(s); distinguish the claim(s) from alternate or opposing claims and create an organization that logically sequences claim(s), counterclaims, reasons, and evidence.

Develop and justify claim(s) and counterclaims fairly and thoroughly, supplying the most relevant evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level, concerns, values, and possible biases.

Analyze words, phrases, and clauses as well as varied syntax to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the argument presented.

ELA.C.20

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole; include formatting, graphics, and multimedia when useful to aid comprehension.

Evaluate the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use and evaluate appropriate and varied transitions and syntax to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language, domain-specific vocabulary, and techniques such as figurative language and analogy to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.C.21

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience ELA.C.22 Develop and strengthen writing as needed by planning, revising, trying a new approach, or editing, demonstrating a command of Language standards up to and including the current grade level and focusing on addressing what is most significant for a specific purpose and audience.

ELA.C.23

Use technology, to produce, publish, and update individual or shared writing products in response to ongoing feedback.

ELA.C.24

Conduct ongoing research to carefully examine and/or evaluate an aspect of a literary work; narrow or broaden the inquiry when appropriate; synthesize multiple sources, demonstrating understanding of the work under investigation.

ELA.C.25

Gather and synthesize relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the task, purpose, and audience; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation (MLA or APA).

ELA.C.26

Write routinely over extended time frames (for research, reflection, and/or revision) and shorter time frames for a range of tasks, purposes, and audiences.

Maintain multiple drafts and revisions of original works to reflect growth and development in the writer’s craft over time.

ELA.C.27

Initiate and effectively participate in a range of collaborative discussions with diverse partners including one-on-one, small group, and teacher-led on grade level topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively.

Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to promote civil, democratic discussions and decision-making; set clear goals and deadlines; establish norms and experience various individual roles.

Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives.

Respond thoughtfully to diverse perspectives; synthesize and evaluate comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.

ELA.C.28

Integrate multiple sources of information presented in diverse formats and media in order to examine and/or evaluate an aspect of a literary work, evaluating the credibility and accuracy of each source and analyzing any discrepancies among the data.

ELA.C.29

Evaluate a speaker’s point of view, reasoning, and uses of evidence and language, in order to assess the stance, premises, links among ideas, word choice, points of emphasis, and tone used among multiple speakers; give thoughtful feedback and accept feedback graciously.

ELA.C.30

Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning; address alternative or opposing perspectives and determine if the organization, development, substance, and style are appropriate to purpose, audience and a range of formal and informal tasks.

ELA.C.31

Make strategic and engaging use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

ELA.C.32

Adapt speech to a variety of contexts and tasks, demonstrating command of Language standards up to and including the current grade level as well as formal English, when indicated or appropriate.

ELA.C.33

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

ELA.C.34

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

ELA.C.35

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Vary syntax for effect, consulting references for guidance as needed; apply an understanding of syntax to the study of complex texts when reading.

ELA.C.36

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade level reading and content, choosing flexibly from a range of strategies.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, its part of speech, its etymology, or its standard usage.

ELA.C.37

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

ELA.C.38

Acquire and accurately use general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college- and career-readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

Technical English Language Arts All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. Students should be immersed in a literacy-rich environment and have numerous opportunities to read, discuss, and write to complex texts in order to meet college- and career-readiness expectations. Over the course of the entire instructional day, students should be given opportunities to engage with a balance of literary and informational text and to write for a variety of purposes and audiences including an even distribution of argumentative, informative, and narrative writing. Technical English Language Arts is designed to enhance students’ communication skills through relevant, industry-specific contexts for reading, writing, speaking/listening, and language. Students engage in rigorous examination of technical and career related texts through real and simulated professional discourse experiences. If a county chooses to use Technical English Language Arts as a fourth course option, text complexity and language expectations should follow from the progression of the eleventh grade level standards. The following chart highlights the college- and career-readiness indicators that will be developed in this course:

College- and Career-Readiness Indicators for Technical English Language Arts Evaluate perspectives and word choices as presented in industry-related texts.

Read and engage with informational texts (technical, industry-related) and relevant literary texts that examine appropriate ideas and themes while using central ideas and evidence to support summaries and industry-related writing experiences.

Write routinely in a variety of real-world, industry-specific contexts for real or simulated purposes.

Write relevant argumentative pieces using claims and counterclaims based on research-based evidence to defend a position.

Write professional communications, narratives, and informative texts in order to convey information to a variety of audiences.

Engage effectively in real or industry-simulated discussions that employ research, civility, and appropriate persuasive/ informative techniques.

Present information or proposals in real or industry-simulated experiences that include multiple perspectives/ view points and effective supporting evidence.

Understand and use complex phrases and vocabulary industry-specific terminology; use a range of techniques to determine a word’s meaning.

Use proper spelling, capitalization, and punctuation in written texts; demonstrate knowledge of Standard English conventions when speaking and writing.

Numbering of Standards The following English language arts standards will be numbered continuously. The ranges in the chart below relate to the clusters found within the English language arts domains: 1-3 4-8 9-12 14-20 21-23 24-26 28-31 32-34 35-36 Vocabulary Use and Acquisition 38-40 ELA.TE.1 Cite strong and thorough textual evidence to support analysis of what informational and relevant literary texts say explicitly as well as inferences drawn from the texts, including determining where and why the text leaves matters uncertain.

ELA.TE.2

Determine two or more central ideas in informational and relevant literary texts and analyze their development over the course of the text, including how they interact and build on one another to provide a complex and critical analysis; provide an objective summary of the text.

ELA.TE.3

Read and analyze complex technical texts and relevant literary text and media and explain how specific individuals, ideas, or events interact and develop over the course of the text(s).

ELA.TE.4

Determine the meaning of words and phrases as they are used in a variety of texts, including figurative, connotative, and technical meanings; analyze the impact of specific word choices on meaning, tone, and effective and concise communication.

ELA.TE.5

Analyze how an author’s choices concerning structure, genre, and style contribute to the text’s overall meaning and impact on intended audience.

ELA.TE.6

Analyze and defend a case in which grasping a point of view requires distinguishing what is directly stated in a text from what is really meant (e.g. statistical representations, propaganda, bias).

ELA.TE.7

In informational text, analyze and evaluate the effectiveness of the structure an author uses in his or her exposition or argument, including how the author uses structure to make points clear, convincing, and engaging.

ELA.TE.8

Determine an author’s point of view, purpose, and tone in informational and relevant literary text in which the rhetoric is particularly effective, analyzing how style and content contribute to the impact and persuasiveness of the text.

ELA.TE.9

Analyze multiple interpretations or perspectives on an idea, event, or process while critically evaluating how each version interprets the original idea, event, or process.

ELA.TE.10

Engage with a broad range of foundational and current texts centered on a similar topic (such as industry standards, market/trends, or industry-specific topics).

ELA.TE.11

Evaluate, synthesize, and integrate multiple forms of technical data (e.g. statistics, graphics, visuals, charts/graphs) in order to address a question or solve a problem.

ELA.TE.12

Analyze historically significant foundational documents for their impact on industry, market, innovation, and application to the career field.

ELA.TE.13

By the end of the year, read and comprehend informational and literary texts in the grades 11-12 text complexity range independently and proficiently.

ELA.TE.14

Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and sufficient, relevant evidence that utilize all parts of an argument effectively while employing formal style, appropriate word choice, and objectivity with clarity and cohesion; arguments should include a clear introduction and conclusion.

ELA.TE.15

Compose authentic, career-related arguments or proposals that evaluate and compare for specific purposes and audiences while employing effective and appropriate argumentative/persuasive techniques.

ELA.TE.16

Write cohesive informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content while adding multimedia as needed.

Evaluate the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Maintain formal style and contain precise language, domain-specific vocabulary, transitions, introduction, and conclusion.

ELA.TE.17

Compose authentic, career-related informative/explanatory texts to support the use of analytical summaries, process writing, and basic technical reports while integrating pictorial and statistical data.

ELA.TE.18

Write narratives to communicate experiences or reflection using anecdotal evidence, chronological or other sequencing as well as descriptive, precise, sensory language and details; establish a clear speaker, organization, tone, outcome, and characters (when necessary).

ELA.TE.19

Compose professional communications that convey ideas, reflections, problem solving, and conflict resolution between industry and consumer while utilizing successful narrative techniques.

ELA.TE.20

Compose clear, accurate, concise personal professional documents that represent employability skills and experience of a workforce candidate such as letter of introduction, resume, performance evaluations, and goals.

ELA.TE.21

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.TE.22

Develop and strengthen writing as needed by planning, revising, and editing, trying a new approach when needed, demonstrating command of language standards up to and including the current grade level and focusing on addressing what is most significant for a specific purpose and audience.

ELA.TE.23

Use technology to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

ELA.TE.24

Conduct sustained research projects as an individual and team to answer a self-generated question or industry-specific problem, narrow or broaden the inquiry when appropriate, synthesize multiple sources on the subject, and demonstrate understanding of the subject under investigation.

ELA.TE.25

Gather and synthesize relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the task, purpose, and audience; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following the industry-preferred standard format for citation (e.g., MLA, APA, Chicago, etc.).

ELA.TE.26

Draw evidence from literary, technical, and informational texts, interviews, and other bodies of research to support industry-related inquiry, analysis, and reflection. Apply Technical English Language Arts reading standards.

ELA.TE.27

Write routinely over extended and shorter time frames for a range of tasks, purposes, and audiences.

ELA.TE.28

Initiate and effectively participate in a range of collaborative discussion with diverse partners including one-on-one, small group, teacher-led, and simulated or real industry-level conversations and company meetings on grade level appropriate and industry relevant topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively.

Come to discussions prepared; explicitly draw on evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to promote civil, democratic discussions and decision-making, establish norms and roles, and set clear goals and deadlines.

Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives. Resolve contradictions when possible. Determine next steps necessary if completing a task.

ELA.TE.29

Build consensus, maintain civility, and accomplish a task or solve a problem collaboratively by setting norms, consequences, goals, roles; establishing dates and work expectations; organizing, collecting and using information.

ELA.TE.30

Integrate multiple sources of information presented in diverse formats and media in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and analyzing any discrepancies among the data.

ELA.TE.31

Evaluate a speaker’s point of view, reasoning, and uses of evidence and rhetoric, in order to assess the stance, premises, links among ideas, word choice, points of emphasis, and tone used among multiple speakers.

ELA.TE.32

Present findings, and proposals with supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning; address alternative or opposing perspectives and determine if the organization, development, substance, and style are appropriate to purpose, audience and a range of formal and informal tasks.

ELA.TE.33

Make strategic use of digital media and physical artifacts as necessary in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

ELA.TE.34

Adapt speech to a variety of contexts, tasks, and real or simulated professional situations, demonstrating command of language standards up to and including current grade level as well as formal English, when indicated or appropriate.

ELA.TE.35

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

ELA.TE.36

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

ELA.TE.37

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening. Vary syntax for effect, consulting references for guidance as needed; apply an understanding of syntax to the study of complex texts when reading.

ELA.TE.38

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade level reading and content, choosing flexibly from a range of strategies.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, its part of speech, its etymology, or its standard usage.

ELA.TE.39

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

ELA.TE.40

Acquire and accurately use general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college- and career-readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

Transition English Language Arts for Seniors All West Virginia teachers are responsible for classroom instruction that integrates content standards, technology, and dispositions for student success. Transition English Language Arts for Seniors is designed for students who have not met the college- and career-readiness benchmark. The purpose of the course is to help develop the skills necessary for success in credit-bearing postsecondary courses and/or the workplace. This course will solidify students’ reading, writing, speaking/listening, and language skills as they interact with texts of varying complexity.

College and Career Readiness Indicators for Transition English for Seniors Evaluate how word choices and phrasing convey meaning and add complexity to works of historical and modern authors.

Read and comprehend increasingly complex texts including texts that fall in the 1185-1385 Lexile range; examine themes, and use textual evidence to support summaries and analysis of literary and informational texts.

Write argumentative pieces that introduce and develop claims and counterclaims fairly; effectively integrate accurate information from reliable sources to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation (MLA or APA).

Use technology to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used; give thoughtful feedback and accept feedback graciously.

Make strategic and engaging use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Demonstrate knowledge of Standard English conventions when speaking and writing; apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

Numbering of Standards The following English language arts standards will be numbered continuously. The ranges in the chart below relate to the clusters found within the English language arts domains:

Standards 1-6 Standards 7-11 Standard 12 Standards 13-14 Standards 15-17 Standards 18-19 Standards 20-22 Standard 23 Standards 24-26 Standards 27-29 Standard 30 Standard 31 Vocabulary Use and Acquisition Standards 32-33 ELA.T.1 Cite strong and thorough textual evidence to support analysis of what the literary text says explicitly as well as inferences drawn from the text, including determining where the literary text leaves matters uncertain.

ELA.T.2

Determine two or more themes or central ideas of a literary text and analyze their development over the course of the text, including how they interact and build on one another to produce a complex account; provide an objective summary of the literary text.

ELA.T.3

Analyze the impact of the author's choices regarding how to develop and relate elements of a story or drama.

ELA.T.4

Cite strong and thorough textual evidence to support analysis of what the informational text says explicitly as well as inferences drawn from the text, including determining where the informational text leaves matters uncertain.

ELA.T.5

Determine two or more central ideas of an informational text and analyze their development over the course of the text, including how they interact and build on one another to provide a complex analysis; provide an objective summary of the informational text.

ELA.T.6

Analyze a complex set of ideas or sequence of events and explain how specific individuals, ideas, or events interact and develop over the course of the informational text and media.

ELA.T.7

Determine the meaning of words and phrases as they are used in a variety of literary texts, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including words with multiple meanings or language that is particularly fresh, engaging, or beautiful.

ELA.T.8

Analyze how an author's choices concerning how to structure specific parts of a literary text contribute to its overall structure and meaning as well as its aesthetic impact.

ELA.T.9

Determine the meaning of words and phrases as they are used in an informational text, including figurative, connotative, and technical meanings; analyze how an author uses and refines the meaning of a key term or terms over the course of a text.

ELA.T.10

In informational text, analyze and evaluate the effectiveness of the structure an author uses in his or her exposition or argument, including whether the structure makes points clear, convincing, and engaging.

ELA.T.11

Determine an author's point of view or purpose in an informational text in which the rhetoric is particularly effective, analyzing how style and content contribute to the power, persuasiveness or beauty of the text.

ELA.T.12

Integrate and evaluate multiple sources of information presented in different media or formats as well as in words in order to address a question or solve a problem.

ELA.T.13

By the end of grade 12, read and comprehend literary texts of appropriate text complexity for grade 12 independently and proficiently.

ELA.T.14

By the end of grade 12, read and comprehend informational texts of appropriate text complexity for grade 12 independently and proficiently.

ELA.T.15

Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Introduce precise, knowledgeable claims(s); establish the significance of the claim(s); distinguish the claim(s) from alternate or opposing claim(s); and create an organization that logically sequences claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly and thoroughly, supplying the most relevant evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level, concerns, values and possible biases.

ELA.T.16

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole; include formatting, graphics, and multimedia when useful to aid comprehension.

Develop the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use appropriate and varied transitions and syntax to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language, domain-specific vocabulary, and techniques such as metaphor, simile, and analogy to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

ELA.T.17

Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation and its significance, establishing one or multiple point(s) of view, and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use a variety of techniques to sequence events so that they build on one another to create a coherent whole and build toward a particular tone and outcome.

Use precise words and phrases, effective details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

ELA.T.18

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

ELA.T.19

Develop and strengthen writing as needed by planning, revising, editing, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience.

ELA.T.20

Conduct short as well as more sustained research projects to answer a question, (including a self-generated question), or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

ELA.T.21

Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the task, purpose, and audience; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation.

ELA.T.22

Draw evidence from literary or informational texts and apply grade Reading standards to support analysis, reflection, and research.

ELA.T.23

Write routinely over extended time frames for research, reflection, and/or revision and shorter time frames for a range of tasks, purposes, and audiences.

ELA.T.24

Initiate and effectively participate in a range of collaborative discussions with diverse partners including one-on-one, small groups, and teacher-led on grade 12 topics, texts, and issues, building on others’ ideas and expressing ideas clearly and persuasively.

Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to promote civil, democratic discussions and decision-making; set clear goals and deadlines, and establish individual roles as needed.

Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives.

Respond thoughtfully to diverse perspectives; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.

ELA.T.25

Integrate multiple sources of information presented in diverse formats and media in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and noting any discrepancies among the data.

ELA.T.26

Evaluate a speaker's point of view, reasoning, and use of evidence and rhetoric, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used.

ELA.T.27

Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning; address alternative or opposing perspectives, and determine if the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks.

ELA.T.28

Make strategic use of digital media in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

ELA.T.29

Adapt speech to a variety of contexts and tasks, demonstrating a command of Language Standards up to and including grade 12TR standards, as well as formal English when indicated or appropriate.

ELA.T.30

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Apply the understanding that usage is a matter of convention, can change over time and is sometimes contested.

ELA.T.31

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style and to comprehend more fully when reading or listening.

Vary syntax for effect, consulting references for guidance as needed; apply an understanding of syntax to the study of complex texts when reading.

ELA.T.32

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 12 reading and content, choosing flexibly from a range of strategies.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech.

Consult general and specialized reference materials, both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, part of speech, etymology or standard usage.

ELA.T.33

Acquire and accurately use general academic and domain-specific words and phrases, sufficient for reading, writing, speaking and listening at the college- and career-readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

College- and Career- Readiness Standards for Library Media Introduction West Virginia’s College- and Career-Readiness Standards (WVCCRS) have been developed with the goal of preparing students for a wide range of high-quality post-secondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The WVCCRS establish a set of knowledge and skills that all individuals need to transition into higher education or into the workplace, as both realms share many expectations. All students throughout their educational experience, should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

The West Virginia College- and Career-Readiness Standards for Library Media provide an elective set of standards for the development of media literacy. College- and career-readiness is supported in library media studies as students learn to ethically access, utilize, and create digital media. The standards are designed in grade bands (e.g. K-2, 3-5, 6-8, and 9-12) with a goal of cultivating these skills throughout a student’s academic career and challenge them to enhance learning with library and media resources and challenge them to be agents of their own learning.

Explanation of Terms Library Media Clusters are the broad components that make up a content area; e.g., Information Literacy, Independent Learning, and Social Responsibility.

Standards are the specific expectations for what students should know, understand, and be able to do; standards represent educational goals.

Numbering of the Standards The numbering for each standard is composed of three parts, each part separated by a period: the content area code (e.g., LM for Library Media), the grade band, and the standard.

Illustration:

LM.K-2.1 refers to Library Media, grades K through 2, standard 1.

Library Media Clusters for K-12 Cluster: Information Literacy - At the heart of every successful school library media program is the teaching of effective learning strategies and information literacy skills. The ability to find and use information, information literacy, is the keystone of lifelong learning. A successful school library media program has as its goal the development of capable, creative and responsible lifelong learners. Rather than simply “disseminating” information, school library media programs are centered on the process of learning.

Cluster: Independent Learning - An effective school library media program assists all students in becoming active and creative locators, evaluators, and users of information to solve problems and satisfy their own curiosity. Accessing, evaluating, and using information is the authentic learning that any successful school library media program seeks to promote.

Cluster: Social Responsibility - An effective school library media program assists students to seek information from diverse sources, contexts, disciplines and cultures; to respect the principles of equitable access to information, intellectual freedom, and intellectual property rights; to use technology responsibly; to collaboratively share knowledge and information with others; and to respect others’ ideas and backgrounds and to acknowledge their contributions.

College- and Career-Readiness Indicators for Library Media The grades K-12 standards on the following pages define what students should know, understand, and be able to do by the end of each programmatic level. They correspond to the College- and Career-Readiness Indicators for Library Media by cluster. The College- and Career-Readiness Indicators and grade band specific standards are necessary complements that together define the skills and understandings that all students must demonstrate.

Library Media K-2 Students in kindergarten through grade 2 will advance through an integrated, developmentally appropriate progression of standards. In these earliest grades students are exposed to library resources through real-world application that will enhance the learning process. Young children learn best through interactions with their caregivers, teachers, and other children. While it is important to begin their exposure to the variety of media that surrounds them, it is essential that this exposure be carefully guided to support children's imagination, creativity, and thinking skills. These standards encourage the use of library resources as a support for other varied types of learning students experience in other areas. By the end of the 2nd grade, students should demonstrate competency in all Library Media K-2 standards. The following chart highlights the components of library media that will be developed in grades K-2.

College- and Career-Readiness Indicators for Library Media Grades K-2 Use a variety of age-appropriate library media resources to enhance the learning process.

Explore library media resources and the role of the school/public library and librarians as community resources for free and open access to information.

Explore authors and/or topics of personal interest using a variety of library media resources.

Explore the information available and purposes for using a variety of library media resources.

Demonstrate good library citizenship including rules of behavior and proper use and treatment of library media resources.

Respectfully acknowledge ownership of work created by self and others.

LM.K-2.1

Acquire and accurately use grade-appropriate library and book terms.

LM.K-2.2

With support, apply number sense and knowledge of alphabetical order to locate books and other resources in the library moving toward independence by the end of grade 2.

LM.K-2.3

Demonstrate understanding of the process of selecting, checking out, and returning library materials.

LM.K-2.4

With guidance, explore online resources using a variety of databases or an online public access catalog, to find materials and information on topics of personal and academic interest.

LM.K-2.5

Explore the role of the school/public library and librarians as community resources for free and open access to information.

LM.K-2.6

Explore authors and/or topics of personal interest using library resources, including print, non-print, and digital to encourage the growth of life-long independent reading.

LM.K-2.7

Select works from a variety of genres and formats for enjoyment or to seek information.

LM.K-2.8

Answer adult-directed and self-generated questions using print, non-print, and digital resources.

LM.K-2.9

Explore the information available in and purposes for using a variety of print, non-print, and digital resources.

LM.K-2.10

Act on the feedback of others, solicited and unsolicited, to make adjustments or improvements on a selection, product, or approach.

LM.K-2.11

With support, craft and deliver constructive feedback to help others make adjustments or improvements on a selection, product, or approach.

LM.K-2.12

Seek information from diverse sources, contexts, disciplines and cultures to increase understanding of topics and themes.

LM.K-2.13

Demonstrate good library citizenship including rules of behavior and proper use and treatment of print materials and electronic resources.

LM.K-2.14

Respectfully acknowledge ownership of work created by self and others (e.g., differentiating between copying and retelling in their own words).

LM.K-2.15

With support and as grade appropriate, demonstrate understanding of copyright and acceptable use.

LM.K-2.16

Discuss the importance of free and open access to information for everyone as well as situations or conditions where information is controlled or limited.

Library Media 3-5 Students in grades 3 through 5 will advance through an integrated, developmentally appropriate progression of standards. In these intermediate grades students are exposed to library resources through real-world application that will enhance the learning process. Children learn best through interactions with their caregivers, teachers, and other children. While it is important to continue their exposure to the variety of media that surrounds them, it is essential that this exposure be carefully guided to support children's imagination, creativity, and thinking skills. These standards encourage the use of library resources as a support for other varied types of learning students experience in other areas. By the end of the 5th grade, students should demonstrate competency in all Library Media 3-5 standards. The following chart highlights the components of library media that will be developed in grades 3-5.

College- and Career-Readiness Indicators for Library Media Grades 3-5 Locate books and other library resources independently and efficiently.

Use an online public access catalog (OPAC) to find materials and information on topics of personal or academic interest.

Independently investigate areas of personal or academic interest and answer self-generated questions using a variety of resources.

Gather information in a timely, safe, and responsible manner from a variety of resources; with guidance and support, validate sources based on relevancy, appropriateness, currency, authority, and bias.

Explain and demonstrate understanding of the importance of safe, legal and responsible use of technology; identify potential consequences of unethical, unsafe, and inappropriate behavior.

Acknowledge and respect the rights of others to express their views and perspectives and have free access to information through library materials.

LM.3-5.1

Acquire and accurately use grade-appropriate library and book terms.

LM.3-5.2

Apply number sense and knowledge of alphabetical order to locate books and other resources independently and efficiently.

LM.3-5.3

Demonstrate understanding of the process of selecting, checking out, and returning library materials.

LM.3-5.4

Use a visual or keyword search to find materials and information on topics of personal and academic interest in a variety of databases or an online public access catalog.

LM.3-5.5

Explain the role of the school/public library and librarians as community resources for free and open access to information.

LM.3-5.6

Compare and contrast the characteristics of award winning works, including print, non-print, and digital to encourage the growth of life-long independent reading.

LM.3-5.7

Identify and explore a variety of tools and strategies to navigate personal and academic reading tasks.

LM.3-5.8

Independently identify and investigate areas of personal or academic interest and answer self-generated questions using a variety of print, non-print, and digital resources.

LM.3-5.9

Gather information in a timely, safe, and responsible manner from a variety of print, non-print, and digital resources; with guidance and support, validate sources based on relevancy, appropriateness, currency, authority, and bias.

LM.3-5.10

Act on the feedback of others, solicited and unsolicited, to make adjustments or improvements on a selection, product, or approach.

LM.3-5.11

Craft and deliver constructive feedback to help others make adjustments or improvements on a selection, product, or approach.

LM.3-5.12

Construct and answer questions related to diverse cultures using library resources.

LM.3-5.13

Explain and demonstrate understanding of the importance of safe, legal and responsible use of technology; identify potential consequences of unethical, unsafe, and inappropriate behavior.

LM.3-5.14

Respectfully acknowledge ownership of work created by self and others (e.g. list bibliographical information when referring to another’s work, craft bibliographical information for own work).

LM.3-5.15

Demonstrate understanding of copyright and acceptable use.

LM.3-5.16

Acknowledge and respect the rights of others (locally and globally) to express their views and perspectives and have free access to information through library materials.

Library Media 6-8 Students in grades 6 through 8 will advance through an integrated, developmentally appropriate progression of standards. In these middle grades students are exposed to an increasing range of library resources through real-world application that will enhance the learning process. Middle grades students learn best through interactions teachers, peers, and other adults. While it is important to continue their exposure to the variety of media that surrounds them, it is essential that this exposure be carefully guided to support students’ imagination, creativity, and thinking skills. These standards encourage the use of library resources as a support for other varied types of learning students experience in other areas. By the end of the 8th grade, students should demonstrate competency in all Library Media 6-8 standards. The following chart highlights the components of library media that will be developed in grades 6-8.

College- and Career-Readiness Indicators for Library Media Grades 6-8 Independently access and explore online resources to find materials on topics of personal and academic interest.

Identify and craft solutions to problems within the school and/or community using libraries and librarians as resources for free and open access to information.

Independently identify and explore career options of personal interest and answer self-generated questions using a variety of resources.

Act on the feedback of others, asking clarifying questions when needed to make adjustments or improvements on a selection, product, or approach.

Respectfully acknowledge ownership of work created by self and others following a standard format to create bibliographies.

Acknowledge and respect the rights of others (locally and globally) to express their views and perspectives and have free access to information through library materials.

LM.6-8.1

Acquire and accurately use grade-appropriate library and book terms.

LM.6-8.2

Demonstrate understanding that the library is arranged in a system based on alphabetical and numerical order by searching an online catalog and making personal selections independently and efficiently.

LM.6-8.3

Demonstrate understanding of the process of selecting, checking out, and returning library materials.

LM.6-8.4

Explore advanced search strategies to find materials on topics of personal and academic interest using a variety of databases or an online public access catalog.

LM.6-8.5

Identify and craft solutions to problems within the school and/or community using libraries and librarians as resources for free and open access to information.

LM.6-8.6

Explain reason(s) for selecting specific works from a variety of genres and formats, including print, non-print, and digital.

LM.6-8.7

Apply a variety of tools and strategies to navigate personal and academic reading tasks.

LM.6-8.8

Independently identify and explore career options of personal interest and answer self-generated questions using a variety of print, non-print, and digital resources.

LM.6-8.9

Gather relevant information from multiple sources to answer questions, record and organize information in an effective manner; validate sources based on relevancy, appropriateness, currency, authority, and bias.

LM.6-8.10

Act on the feedback of others, solicited and unsolicited, asking clarifying questions when needed to make adjustments or improvements on a selection, product, or approach.

LM.6-8.11

Craft and deliver constructive feedback including clarifying questions to help others make adjustments or improvements on a selection, product, or approach.

LM.6-8.12

Construct and answer questions related to diverse cultures using library resources to participate in collaborative small or whole group discussions.

LM.6-8.13

Explain and demonstrate understanding of the importance of safe, legal and responsible use of technology and identify potential consequences of unethical, unsafe, and inappropriate behavior.

LM.6-8.14

Respectfully acknowledge ownership of work created by self and others following a standard format for citation (MLA or APA) independently or using online tools.

LM.6-8.15

Demonstrate understanding of copyright and fair use, licensing, and acceptable use for personal and academic uses LM.6-8.16 Acknowledge and respect the rights of others (locally and globally) to express their views and perspectives and have free access to information through library materials.

Library Media 9-12 Students in grades 9 through 12 will advance through an integrated, developmentally appropriate progression of standards. In these secondary grades students are exposed to an increasing range of library resources through real-world application that will enhance the learning process. Secondary grades students learn best through interactions teachers, peers, and other adults. While it is important to continue their exposure to the variety of media that surrounds them, it is essential that this exposure be carefully guided to support students’ imagination, creativity, and thinking skills. These standards encourage the use of library resources as a support for other varied types of learning students experience in other areas. By the end of the 12th grade, students should demonstrate competency in all Library Media 9-12 standards. The following chart highlights the components of library media that will be developed in grades 9-12.

College- and Career-Readiness Indicators for Library Media Grades 9-12 Identify and craft solutions to problems within the school and/or community using libraries and librarians as resources for free and open access to information.

Gather relevant information from multiple sources to answer questions, record and organize information in an effective manner; validate sources based on relevancy, appropriateness, currency, authority, and bias.

Craft and deliver constructive feedback including clarifying questions and possible approaches/strategies to help others make adjustments or improvements on a selection, product, or approach.

Respectfully acknowledge ownership of work created by self and others following a standard format (e.g. MLA or APA) to create bibliographies independently or using online tools.

Acknowledge and respect the rights of others (locally and globally) to express their views and perspectives and have free access to information through library materials.

LM.9-12.1

Acquire and accurately use grade-appropriate library and book terms.

LM.9-12.2

Demonstrate understanding that the library is arranged in a system based on alphabetical and numerical order by searching an online catalog and making personal selections independently and efficiently.

LM.9-12.3

Demonstrate understanding of the process of selecting, checking out, and returning library materials.

LM.9-12.4

Apply advanced search strategies to find materials on topics of personal and academic interest using a variety of databases or an online public access catalog.

LM.9-12.5

Identify and craft solutions to problems within the school and/or community using libraries and librarians as resources for free and open access to information.

LM.9-12.6

Independently select works from a variety of genres and formats evaluating each for its ability to advance personal or academic goals.

LM.9-12.7

Evaluate tools and strategies for their usefulness in navigating personal and academic reading tasks.

LM.9-12.8

Independently identify and explore career options of personal interest and answer self-generated questions using a variety of print, non-print, and digital resources.

LM.9-12.9

Gather relevant information from multiple sources to answer questions, record and organize information in an effective manner; validate sources based on relevancy, appropriateness, currency, authority, and bias.

LM.9-12.10

Act on the feedback of others, solicited and unsolicited, asking clarifying questions or trying new strategies/approaches when needed to make adjustments or improvements on a selection, product, or approach.

LM.9-12.11

Craft and deliver constructive feedback including clarifying questions and possible approaches/strategies to help others make adjustments or improvements on a selection, product, or approach.

LM.9-12.12

Construct and answer questions related to diverse cultures using library resources to participate in collaborative small or whole group discussions, including face-to-face and digital discussions.

LM.9-12.13

Explain and demonstrate understanding of the importance of safe, legal and responsible use of technology and identify potential consequences of unethical, unsafe, and inappropriate behavior.

LM.9-12.14

Respectfully acknowledge ownership of work created by self and others following a standard format for citation (MLA or APA) independently or using online tools.

LM.9-12.15

Apply understanding of copyright and fair use, licensing, and acceptable use for personal and academic uses.

LM.9-12.16

Acknowledge and respect the rights of others (locally and globally) to express their views and perspectives and have free access to information through library materials.

Series 044BB West Virginia College-and Career-Readiness Standards for Mathematics (Policy 2520.2B)

W. Va. Code R. § 126-44BB-1 General

1.1. Scope. -- W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.2B defines the content standards for mathematics as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code §18-2-5 and §18‑2-39.

1.3. Filing Date. -- August 29, 2023.

1.4. Effective Date. -- July 1, 2024.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR44BB, Policy 2520.2B, West Virginia College- and Career-Readiness Standards for Mathematics, filed December 18, 2015, and effective July 1, 2016.

W. Va. Code R. § 126-44BB-2 Purpose

2.1. This policy defines the content standards for the program of study required by Policy 2510 in mathematics.

W. Va. Code R. § 126-44BB-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards for Mathematics is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education (WVDE), Office of Teaching and Learning.

W. Va. Code R. § 126-44BB-4 Summary of the Content Standards

4.1. The West Virginia Board of Education has the responsibility of establishing high quality education standards for instructional programs in West Virginia public schools (W. Va. Code §18‑2-39). Content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. This document includes content standards that reflect a rigorous and challenging curriculum for mathematics.

W. Va. Code R. § 126-44BB-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Introduction West Virginia’s College- and Career-Readiness Standards have been developed with the goal of preparing students to be successful in a wide range of high-quality post-secondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The West Virginia College- and Career-Readiness Standards establish a set of knowledge and skills that all individuals need to transition into higher education or the workplace, as both realms share many expectations. Throughout their educational experience students should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

West Virginia’s College- and Career-Readiness Standards for Mathematics (WVCCRSM) are the culmination of an extended, broad-based effort to help ensure that all students are college- and career-ready upon completion of high school. The skills contained in the mathematics standards are essential for college- and career-readiness in a twenty-first-century, globally competitive society. The standards reflect a progression and key ideas determining how knowledge is organized and generated within the content area. Standards evolve from specifics to deeper structures inherent in the discipline. These deeper structures serve to connect the specifics. The standards follow such a design, stressing conceptual understanding of key ideas and continually returning to organizing principles such as place value or the properties of operations to structure those ideas. The sequence of topics and performances outlined in mathematics standards must respect the scientific research about how students learn and what is known about how their mathematical knowledge, skill, and understanding develop over time.

The West Virginia College- and Career-Readiness Standards for Mathematics (WVCCRSM) are the result of an intensive review of the current mathematics standards adopted by the West Virginia Board of Education and placed into policy on July 1, 2016. Teachers and representatives from institutions of higher education from around the state met during the summer and fall of 2022 to discuss the mathematics standards and determined how to strengthen the progression of learning from grade level to grade level and course to course. While there are several changes within grade levels and courses, the changes are derived from the most current academic and scientific research and the lessons learned during the implementation of the 2016 version of the standards. Additionally, in January of 2023, the WVCCRSM was evaluated by a diverse team of stakeholders who made recommendations to the West Virginia Department of Education based on the needs of West Virginia students and college/career requirements. The suggestions and recommendations are incorporated into the 2024 WVCCRSM and reflect the improvements determined during the review process.

Explanation of Terms Clusters are groups of standards that define the expectations students must demonstrate to be college- and career-ready.

Domains are broad components that make up a content area. Domains vary by grade-level and by course. For example, the five domains for mathematics in Grade 6 are Ratios and Proportional Reasoning, The Number System, Expressions and Equations, Geometry, and Statistics and Probability.

Standards are expectations for what students should know, understand, and be able to do; standards represent educational goals.

Number of Standards The number for each standard is composed of three parts, each part separated by a period: the content code (e.g., M for Mathematics), the grade level or course, and the standard.

Illustration: M.3.1 refers to mathematics, grade 3, standard 1; M.C.1 refers to mathematics, calculus, standard 1.

Mathematics Grade Level or Course:

K Kindergarten Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 A1HS High School Algebra I GHS High School Geometry A2HS High School Algebra II – Mathematics III 4HSTP High School Trigonometry/Pre-calculus – Mathematics IV ASHS Applied Statistics TMS Transition Mathematics for Seniors AMM Advanced Mathematical Modeling C Calculus FAM Financial Algebra/Mathematics QR Quantitative Reasoning PS IMA Introduction to Mathematical Applications *Note: High School Mathematics I and High School Mathematics II standards can be found in Appendix A, which includes a chart that shows the Algebra I and Geometry standard alignment for those courses.

MATHEMATICS

The Standards begin with eight Mathematical Habits of Mind (MHM). The West Virginia College- and Career-Readiness Standards for Mathematics define what students should understand and be able to do in their study of mathematics. Asking a student to understand something means asking a teacher to assess whether the student has understood it. What does mathematical understanding look like? One hallmark of mathematical understanding is the ability to justify, in a way appropriate to the student’s mathematical maturity, why a particular mathematical statement is true or where a mathematical rule comes from. There is a world of difference between a student who can summon a mnemonic device to expand a product such as (a + b)(x + y) and a student who can explain where the mnemonic comes from. The student who can explain the rule understands the mathematics and may have a better chance to succeed at a less familiar task such as expanding (a + b + c)(x + y). Mathematical understanding and procedural skill are equally important, and both are accessible using mathematical tasks of sufficient richness.

Mathematics: Mathematical Habits of Mind (MHM)

The Mathematical Habits of Mind (MHM) describe varieties of expertise that mathematics educators at all levels should develop in their students.

MHM1. Make sense of problems and persevere in solving them.

Mathematically proficient students start by explaining to themselves the meaning of a problem and looking for entry points to its solution. They analyze givens, constraints, relationships, and goals. They make conjectures about the form and meaning of the solution and plan a solution pathway rather than simply jumping into a solution attempt. They consider analogous problems and try special cases and simpler forms of the original problem in order to gain insight into its solution. They monitor and evaluate their progress and change course if necessary. Older students might, depending on the context of the problem, transform algebraic expressions or change the viewing window on their graphing calculator to get the information they need. Mathematically proficient students can explain correspondences between equations, verbal descriptions, tables, and graphs or draw diagrams of important features and relationships, graph data, and search for regularity or trends. Younger students might rely on using concrete objects or pictures to help conceptualize and solve a problem. Mathematically proficient students check their answers to problems using a different method and they continually ask themselves, “Does this make sense?” They can understand the approaches of others to solving complex problems and identify correspondences between different approaches.

MHM2. Reason abstractly and quantitatively.

Mathematically proficient students make sense of quantities and their relationships in problem situations. They bring two complementary abilities to bear on problems involving quantitative relationships: the ability to decontextualize - to abstract a given situation and represent it symbolically and manipulate the representing symbols as if they have a life of their own, without necessarily attending to their referents; and the ability to contextualize - to pause as needed during the manipulation process in order to probe into the referents for the symbols involved. Quantitative reasoning entails habits of creating a coherent representation of the problem at hand, considering the units involved, attending to the meaning of quantities, not just how to compute them, and knowing and flexibly using different properties of operations and objects.

MHM3. Construct viable arguments and critique the reasoning of others.

Mathematically proficient students understand and use stated assumptions, definitions, and previously established results in constructing arguments. They make conjectures and build a logical progression of statements to explore the truth of their conjectures. They are able to analyze situations by breaking them into cases and can recognize and use counterexamples. They justify their conclusions, communicate them to others, and respond to the arguments of others. They reason inductively about data, making plausible arguments that take into account the context from which the data arose. Mathematically proficient students are also able to compare the effectiveness of two plausible arguments, distinguish correct logic or reasoning from that which is flawed, and - if there is a flaw in an argument - explain what it is. Elementary students can construct arguments using concrete referents such as objects, drawings, diagrams, and actions. Such arguments can make sense and be correct, even though they are not generalized or made formal until later grades. Later, students learn to determine domains to which an argument applies. Students at all grades can listen or read the arguments of others, decide whether they make sense, and ask useful questions to clarify or improve the arguments.

MHM4. Model with mathematics.

Mathematically proficient students can apply the mathematics they know to solve problems arising in everyday life, society, and the workplace. In early grades, this might be as simple as writing an addition equation to describe a situation. In middle grades, a student might apply proportional reasoning to plan a school event or analyze a problem in the community. By high school, a student might use geometry to solve a design problem or use a function to describe how one quantity of interest depends on another. Mathematically proficient students who can apply what they know are comfortable making assumptions and approximations to simplify a complicated situation, realizing that these may need revision later. They are able to identify important quantities in a practical situation and map their relationships using such tools as diagrams, two-way tables, graphs, flowcharts, and formulas. They can analyze those relationships mathematically to draw conclusions. They routinely interpret their mathematical results in the context of the situation and reflect on whether the results make sense, possibly improving the model if it has not served its purpose.

MHM5. Use appropriate tools strategically.

Mathematically proficient students consider the available tools when solving a mathematical problem. These tools might include pencil and paper, concrete models, a ruler, a protractor, a calculator, a spreadsheet, a computer algebra system, a statistical package, or dynamic geometry software. Proficient students are sufficiently familiar with tools appropriate for their grade or course to make sound decisions about when each of these tools might be helpful, recognizing both the insight to be gained and their limitations. For example, mathematically proficient high school students analyze graphs of functions and solutions generated using a graphing calculator. They detect possible errors by strategically using estimation and other mathematical knowledge. When making mathematical models, they know that technology can enable them to visualize the results of varying assumptions, explore consequences, and compare predictions with data. Mathematically proficient students at various grade levels are able to identify relevant external mathematical resources, such as digital content located on a website and use them to pose or solve problems. They are able to use technological tools to explore and deepen their understanding of concepts.

MHM6. Attend to precision.

Mathematically proficient students try to communicate precisely to others. They try to use clear definitions in discussion with others and in their own reasoning. They state the meaning of the symbols they choose, including using the equal sign consistently and appropriately. They are careful about specifying units of measure, and labeling axes to clarify the correspondence with quantities in a problem. They calculate accurately and efficiently, express numerical answers with a degree of precision appropriate for the problem context. In the elementary grades, students give carefully formulated explanations to each other. By the time they reach high school they have learned to examine claims and make explicit use of definitions.

MHM7. Look for and make use of structure.

Mathematically proficient students look closely to discern a pattern or structure. Young students, for example, might notice that three and seven more is the same amount as seven and three more or they may sort a collection of shapes according to how many sides the shapes have. Later, students will see 7 × 8 equals the well-remembered 7 × 5 + 7 × 3, in preparation for learning about the distributive property. In the expression x2 + 9x + 14, older students can see the 14 as 2 × 7 and the 9 as 2 + 7. They recognize the significance of an existing line in a geometric figure and can use the strategy of drawing an auxiliary line for solving problems. They also can step back for an overview and shift perspective. They can see complicated things, such as some algebraic expressions, as single objects or as being composed of several objects. For example, they can see 5 – 3(x – y)2 as 5 minus a positive number times a square and use that to realize that its value cannot be more than 5 for any real numbers x and y.

MHM8. Look for and express regularity in repeated reasoning.

Mathematically proficient students notice if calculations are repeated and look both for general methods and for shortcuts. Upper elementary students might notice when dividing 25 by 11 that they are repeating the same calculations over and over again, and conclude they have a repeating decimal. By paying attention to the calculation of slope as they repeatedly check whether points are on the line through (1, 2) with slope 3, middle school students might abstract the equation (y – 2)/(x – 1) = 3. Noticing the regularity in the way terms interact when expanding (x – 1)(x + 1), (x – 1)(x2 + x + 1) and (x – 1)(x3 + x2 + x + 1) might lead them to the general formula for the sum of a geometric series. As they work to solve a problem, mathematically proficient students maintain oversight of the process, while attending to the details. They continually evaluate the reasonableness of their intermediate results.

Connecting the MHM to the Standards for Mathematical Content The MHM describe ways in which developing students of mathematics increasingly engage with the subject matter as they grow in mathematical maturity and expertise throughout the elementary, middle, and high school years. Designers of curricula, assessments, and professional development should all attend to the need to connect the MHM to mathematical content in mathematics instruction.

Mathematics – Kindergarten West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in kindergarten will focus on two critical areas: (1) representing and comparing whole numbers, initially with sets of objects; (2) describing shapes and space. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. The skill progressions begin in kindergarten as foundational understanding of numeracy. The following chart represents the mathematical understandings that will be developed in kindergarten:

Counting and Cardinality Count objects to tell how many there are by ones and by tens.

Write numbers from 0 to 20.

Compare two groups of objects to tell which group, if either, has more; compare two written numbers to tell which is greater.

Understand addition as putting together and adding to.

Understand subtraction as taking apart and taking from.

Fluently (efficiently, flexibly, and accurately) add and subtract very small numbers (e.g., 3 + 1).

Recognize Patterns.

Act out addition and subtraction word problems and draw diagrams to represent them.

Add with a sum of 10 or less; subtract from a number 10 or less; and solve addition and subtraction word problems.

Group objects by tens and ones (e.g., 1 group of 10 and 3 ones makes 13).

Describe and compare objects as longer, shorter, larger, smaller, etc.

Classify objects and count the number of objects in each category.

Identify coins and count pennies.

Name shapes correctly regardless of orientation or size (e.g., a square oriented as a “diamond” is still a square).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Counting and Cardinality Know number names and the count sequence.

Count to tell the number of objects.

Standards 4-5 Compare numbers.

Standards 6-7 Understand addition as putting together and adding to and understand subtraction as taking apart and taking from.

Standards 8-12 Recognize Patterns.

Standard 13 Work with numbers 11-19 to gain foundations for place value.

Standard 14 Describe and compare measurable attributes.

Standards 15-16 Classify objects and count the number of objects in each category.

Standard 17 Work with money.

Standards 18-19 Identify and describe shapes (squares, circles, triangles, rectangles, hexagons, cubes, cones, cylinders, and spheres).

Standards 20-22 Analyze, compare, create, and compose shapes.

Standards 23-25 Counting and Cardinality Know number names and the count sequence.

M.K.1

Count to 100 by ones and by tens.

M.K.2

Count forward beginning from a given number within the known sequence (instead of having to begin at 1).

M.K.3

Write numbers from 0 to 20. Represent a number of objects with a written numeral 0-20 (with 0 representing a count of no objects).

Count to tell the number of objects.

M.K.4

Understand the relationship between numbers and quantities; connect counting to cardinality.

When counting objects, say the number names in the standard order, pairing each object with one and only one number name and each number name with one and only one object.

Understand that the last number name said tells the number of objects counted and the number of objects is the same regardless of their arrangement or the order in which they were counted.

Understand that each successive number name refers to a quantity that is one larger.

M.K.5

Count to answer questions (e.g., “How many?”) about as many as 20 things arranged in a line, a rectangular array, a circle, or as many as 10 things in a scattered configuration; given a number from 1–20, count out that many objects.

Compare numbers.

M.K.6

Identify whether the number of objects in one group is greater than, less than, or equal to the number of objects in another group (e.g., by using matching and counting strategies).

M.K.7

Compare and order two numbers between 0-20 presented as written numerals.

Understand addition as putting together and adding to and understand subtraction as taking apart and taking from.

M.K.8

Represent addition and subtraction with strategies using objects, fingers, mental images, drawings, sounds (e.g., claps), and acting out situations, verbal explanations, expressions, and equations.

M.K.9

Solve addition and subtraction word problems and add and subtract within 10 by using objects or drawings to represent the problem.

M.K.10

Decompose numbers less than or equal to 10 into pairs in more than one way by using objects or drawings and record each decomposition by a drawing or equation (e.g., 5 = 2 + 3 and 5 = 4 + 1).

M.K.11

For any number from 1 to 9, find the number that makes 10 when added to the given number by using objects or drawings, and record the answer with a drawing or equation.

M.K.12

Fluently (efficiently, flexibly, and accurately) add and subtract within 5 using various strategies.

Recognize patterns.

M.K.13

Recognize and create recognizable patterns using colors, shapes, sizes, and sounds with support and guidance.

Work with numbers 11-19 to gain foundations for place value.

M.K.14

Compose and decompose numbers from 11 to 19 into ten ones and larger two-digit numbers by using objects or drawings and record each composition or decomposition by a drawing or equation (e.g., 18 = 10 + 8); understand that these numbers are composed of ten ones (one ten) and one, two, three, four, five, six, seven, eight, or nine ones.

Describe and compare measurable attributes.

M.K.15

Describe measurable attributes of objects, such as length or weight and describe several measurable attributes of a single object.

M.K.16

Directly compare two objects with a measurable attribute in common, to see which object has “more of” or “less of” the attribute and describe the difference.

Classify objects and count the number of objects in each category.

M.K.17

Classify objects into given categories, count the numbers of objects in each category, and sort the categories by count. Category counts should be limited to less than or equal to 10. (e.g., Identify coins and sort them into groups of 5s or 10s.)

Work with money.

M.K.18

Identify coins: penny, nickel, dime, quarter.

M.K.19

Count pennies to 20.

Identify and describe shapes (squares, circles, triangles, rectangles, hexagons, cubes, cones, cylinders, and spheres).

M.K.20

Describe objects in the environment using names of shapes and describe the relative positions of these objects using terms such as above, below, beside, in front of, behind and next to.

M.K.21

Correctly name shapes regardless of their orientations or overall size.

M.K.22

Using real-life objects, identify shapes as two-dimensional (lying in a plane, "flat") or three-dimensional ("solid").

Analyze, compare, create, and compose shapes.

M.K.23

Analyze and compare two- and three-dimensional shapes, in different sizes and orientations, using informal language to describe their similarities, differences, parts (e.g., number of sides and vertices/ “corners”), and other attributes (e.g., having sides of equal length). Instructional Note: Student focus should include real-world shapes.

M.K.24

Model shapes in the world by building shapes from components (e.g., sticks and clay balls) and drawing shapes.

M.K.25

Compose simple shapes to form larger shapes (e.g., “Can these two triangles, with full sides touching, join to make a rectangle?”).

Mathematics – Grade 1 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the first grade will focus on four critical areas: (1) developing understanding of addition, subtraction, and strategies for addition and subtraction within 20; (2) developing understanding of whole number relationships and place value, including grouping in tens and ones; (3) developing understanding of linear measurement and measuring lengths as repeating length units; and (4) reasoning about attributes of, and composing and decomposing geometric shapes. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Continuing the skill progressions from kindergarten, the following chart represents the mathematical understandings that will be developed in first grade:

Solve addition and subtraction word problems in situations of adding to, taking from, putting together, taking apart, and comparing (e.g., a taking from situation would be: “Five apples were on the table. I ate some apples. Then there were three apples. How many apples did I eat?”).

Add fluently (efficiently, flexibly, and accurately) with a sum of 10 or less, and accurately subtract from a number 10 or less (e.g., 2 + 5, 7 – 5).

Understanding the relationship between addition and subtraction.

Understand what the digits mean in two-digit numbers (place value).

Compare and order numbers based on place value.

Use understanding of place value and properties of operations to add and subtract (e.g., 38 + 5, 29 + 20, 64 + 27, 80 – 50).

Identify the value of coins and use dimes and pennies to model numbers to 100.

Skip count by ones, twos, fives, and tens.

Measure lengths of objects by using a shorter object as a unit of length.

Tell and write time.

Make composite shapes by joining shapes together and dividing circles and rectangles into halves or fourths.

Create recognizable patterns following a given rule.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Represent and solve problems involving addition and subtraction.

Understand and apply properties of operations and the relationship between addition and subtraction.

Standards 3-4 Add and subtract within 20.

Standards 5-6 Work with addition and subtraction equations.

Standards 7-8 Extend the counting sequence.

Standard 9 Understand place value.

Standards 10-11 Use place value understanding and properties of operations to add and subtract.

Standards 12-14 Measure lengths indirectly and by iterating length units.

Standards 15-16 Work with time and money.

Standards 17-18 Standard 19 Standards 20-23 Represent and solve problems involving addition and subtraction.

M.1.1

Use addition and subtraction within 20 to solve word problems involving situations of adding to, taking from, putting together, taking apart, and comparing, with unknowns in all positions (e.g., by using objects, drawings, and equations with a symbol for the unknown number to represent the problem).

M.1.2

Solve word problems that call for addition of three whole numbers whose sum is less than or equal to 20 (e.g., by using objects, drawings, and equations with a symbol for the unknown number to represent the problem).

Understand and apply properties of operations and the relationship between addition and subtraction.

M.1.3

Apply properties of operations as strategies to add and subtract (e.g., If 8 + 3 = 11 is known, then 3 + 8 = 11 is also known: Commutative Property of Addition. To add 2 + 6 + 4, the second two numbers can be added to make a ten, so 2 + 6 + 4 = 2 + 10 = 12: Associative Property of Addition). Instructional Note: Students need not use formal terms for these properties.

M.1.4

Understand subtraction as an unknown-addend problem (e.g., subtract 10 – 8 by finding the number that makes 10 when added to 8).

Add and subtract within 20.

M.1.5

Relate counting to addition and subtraction (e.g., by counting on 2 to add 2, by counting backwards 3 to subtract 3).

M.1.6

Add and subtract within 20, demonstrating fluency for addition and subtraction within 10 and use strategies such as · counting on; · making ten (e.g., 8 + 6 = 8 + 2 + 4 = 10 + 4 = 14); · decomposing a number leading to a ten (e.g., 13 – 4 = 13 – 3 – 1 = 10 – 1 = 9); · using the relationship between addition and subtraction (e.g., knowing that 8 + 4 = 12, one knows 12 – 8= 4); and · creating equivalent but easier or known sums (e.g., adding 6 +7 by creating the known equivalent 6 + 6 + 1 = 12 + 1 = 13).

Work with addition and subtraction equations.

M.1.7

Understand the meaning of the equal sign, and determine if equations involving addition and subtraction are true or false (e.g., Which of the following equations are true and which are false? 6 = 6, 7 = 8 – 1, 5 + 2 = 2 + 5, 4 + 1 = 5 + 2). Recognize the difference between an expression (3 + 5) and an equation (3 + 5=8).

M.1.8

Determine the unknown whole number in an addition or subtraction equation relating three whole numbers (e.g., Determine the unknown number that makes the equation true in each of the equations. 8 + ? = 11, 5 = ? – 3, 6 + 6 = ?).

Extend the counting sequence.

M.1.9

Count to 120, starting at any number less than 120. In this range, read and write numerals and represent a number of objects with a written numeral. Skip count to 120 by 2’s. Skip count to 120 by 5’s and 10’s.

Understand place value.

M.1.10

Understand the two digits of a two-digit number represent amounts of tens and ones. Understand the following as special cases: 10 can be thought of as a bundle of ten ones — called a “ten.” (e.g., A group of ten pennies is equivalent to a dime.)

The numbers from 11 to 19 are composed of a ten and one, two, three, four, five, six, seven, eight or nine ones.

The numbers 10, 20, 30, 40, 50, 60, 70, 80, 90 refer to one, two, three, four, five, six, seven, eight or nine tens (and 0 ones).

M.1.11

Compare and order two two-digit numbers based on meanings of the tens and ones digits, recording the results of comparisons with the symbols >, =, and <.

Use place value understanding and properties of operations to add and subtract.

M.1.12

Add within 100, including adding a two-digit number and a one-digit number and adding a two-digit number and a multiple of 10, using concrete models or drawings and strategies based on place value, properties of operations and/or the relationship between addition and subtraction.

Relate the strategy to a written method and explain the reasoning used. Understand that in adding two-digit numbers, one adds tens and tens, ones and ones, and sometimes it is necessary to compose a ten.

M.1.13

Given a two-digit number, mentally find 10 more or 10 less than the number, without having to count and explain the reasoning used.

M.1.14

Subtract multiples of 10 in the range 10-90 from multiples of 10 in the range 10-90 (positive or zero differences) using concrete models or drawings and strategies based on place value, properties of operations and/or the relationship between addition and subtraction. Relate the strategy to a written method and explain the reasoning used.

Measure lengths indirectly and by iterating length units.

M.1.15

Order three objects by length and compare the lengths of two objects indirectly by using a third object.

M.1.16

Express the length of an object as a whole number of length units, by laying multiple copies of a shorter object (the length unit) end to end; understand that the length measurement of an object is the number of same-size length units that span it with no gaps or overlaps. Instructional Note: Limit to contexts where the object being measured is spanned by a whole number of length units with no gaps or overlaps.

Work with time and money.

M.1.17

Tell and write time in hours and half-hours using analog and digital clocks.

M.1.18

Identify the value of coins and use dimes and pennies to model the relationship between money and place value (e.g., exchange 10 pennies for 1 dime or exchange 10 dimes for 1 dollar).

M.1.19

Organize, represent, interpret data with up to three categories; ask and answer questions about the total number of data points, how many in each category and how many more or less are in one category than in another.

M.1.20

Distinguish between defining attributes (e.g., triangles are closed and three-sided) versus non-defining attributes (e.g., color, orientation, and/or overall size); build and draw shapes to possess defining attributes.

M.1.21

Compose two-dimensional shapes (rectangles, squares, trapezoids, triangles, half-circles, and quarter-circles) or three-dimensional shapes (cubes, right rectangular prisms, right circular cones, and right circular cylinders) to create a composite shape and compose new shapes from the composite shape. Instructional Note: Students do not need to learn formal names such as, “right rectangular prism.”

M.1.22

Partition circles and rectangles into two and four equal shares, describe the shares using the words halves, fourths and quarters and use the phrases half of, fourth of and quarter of. Describe the whole as two of, or four of the shares and understand for these examples that decomposing into more equal shares creates smaller shares.

M.1.23

Create a recognizable pattern following a given rule, using colors, shapes, sizes, and sounds.

Mathematics – Grade 2 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the second grade will focus on four critical areas: (1) extending understanding of base-ten notation; (2) building fluency with addition and subtraction; (3) using standard units of measure; and (4) describing and analyzing shapes. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Continuing the skill progressions from first grade, the following chart represents the mathematical understandings that will be developed in second grade:

Solve challenging addition and subtraction word problems with one or two steps (e.g., a “one-step” problem would be: “Lucy has 23 fewer apples than Julie. Julie has 47 apples. How many apples does Lucy have?”).

Fluently add with a sum of 20 or less (e.g., 11 + 8); fluently subtract from a number 20 or less (e.g., 16 – 9); and know all sums of one-digit numbers from memory by the end of the year.

Work with equal groups of objects to gain foundations for multiplication.

Analyze number patterns.

Understand what the digits mean in three-digit numbers (place value).

Use an understanding of place value to add and subtract three-digit numbers (e.g., 811 – 367); add and subtract two-digit numbers fluently (e.g., 77 – 28).

Solve addition and subtraction word problems involving length (e.g., “The pen is 2 cm longer than the pencil. If the pencil is 7 cm long, how long is the pen?”).

Tell time.

Count money.

Build, draw, and analyze 2-D and 3-D shapes to develop foundations for area, volume, and geometry in later grades.

Divide shapes into equal shares to build the foundations for fractions in later grades.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Represent and solve problems involving addition and subtraction.

Standard 1 Solve problems involving addition and subtraction and identify and explain patterns in arithmetic.

Standards 2-3 Work with equal groups of objects to gain foundations for multiplication.

Standards 4-5 Understand place value.

Standards 6-9 Use place value understanding and properties of operations to add and subtract.

Standards 10-14 Measure and estimate lengths in standard units.

Standards 15-18 Relate addition and subtraction to length.

Standards 19-20 Work with time and money.

Standards 21-22 Standards 23-24 Standards 25-27 Represent and solve problems involving addition and subtraction.

M.2.1

Use addition and subtraction within 100 to solve one- and two-step word problems involving situations of adding to, taking from, putting together, taking apart, and comparing, with unknowns in all positions (e.g., by using drawings and equations with a symbol for the unknown number to represent the problem).

Solve problems involving addition and subtraction and identify and explain patterns in arithmetic.

M.2.2

Fluently (efficiently, flexibly, and accurately) add and subtract within 20 using mental strategies and by end of Grade 2, know from memory all sums of two one-digit numbers by using various strategies.

M.2.3

Analyze a number pattern to determine the rule: add 2, add 3, add 5, or add 10.

Work with equal groups of objects to gain foundations for multiplication.

M.2.4

Determine whether a group of objects (up to 20) has an odd or even number of members, e.g., by pairing objects or counting them by 2s; write an equation to express an even number as a sum of two equal addends.

M.2.5

Use addition to find the total number of objects arranged in rectangular arrays with up to 5 rows and up to 5 columns to describe the arrays; write expressions to describe the array and equations to express the total as a sum of equal addends.

Understand place value.

M.2.6

Understand that the three digits of a three-digit number represent amounts of hundreds, tens and ones (e.g., 706 equals 7 hundreds, 0 tens and 6 ones). Understand the following as special cases: 100 can be thought of as a bundle of ten tens – called a “hundred.”

Numbers 100, 200, 300, 400, 500, 600, 700, 800, 900 refer to one, two, three, four, five, six, seven, eight or nine hundreds, and 0 tens and 0 ones.

M.2.7

Count within 1000 and skip-count by 5s, 10s and 100s.

M.2.8

Read and write numbers to 1000 using base-ten numerals, number names and expanded form.

M.2.9

Compare two three-digit numbers based on meanings of the hundreds, tens and ones digits, using >, = and < symbols to record the results of comparisons. Order numbers based on place value.

Use place value understanding and properties of operations to add and subtract.

M.2.10

Fluently add and subtract within 100 using strategies based on place value, properties of operations and/or the relationship between addition and subtraction.

M.2.11

Add up to four two-digit numbers using strategies based on place value and properties of operations.

M.2.12

Add and subtract within 1000, using concrete models or drawings and strategies based on place value, properties of operations and/or the relationship between addition and subtraction; relate the strategy to a written method. Understand that in adding or subtracting three-digit numbers, one adds or subtracts hundreds and hundreds, tens and tens, ones and ones and sometimes it is necessary to compose or decompose tens or hundreds.

M.2.13

Mentally add 10 or 100 to a given number 100-900 and mentally subtract 10 or 100 from a given number 100-900.

M.2.14

Explain why addition and subtraction strategies work, using place value and the properties of operations. Instructional Note: Explanations may be supported by drawing or objects.

Measure and estimate lengths in standard units.

M.2.15

Measure the length of an object by selecting and using appropriate tools such as rulers, yardsticks, meter sticks, and measuring tapes.

M.2.16

Measure the length of an object twice, using length units of different lengths for the two measurements, describe how the two measurements relate to the size of the unit chosen.

M.2.17

Estimate lengths using units of inches, feet, centimeters, and meters.

M.2.18

Measure to determine how much longer one object is than another, expressing the length difference in terms of a standard length unit.

Relate addition and subtraction to length.

M.2.19

Use addition and subtraction within 100 to solve word problems involving lengths that are given in the same units (e.g., by using drawings, such as drawings of rulers), and equations with a symbol for the unknown number to represent the problem.

M.2.20

Represent whole numbers as lengths from 0 on a number line diagram with equally spaced points corresponding to the numbers 0, 1, 2… and represent whole-number sums and differences within 100 on a number line diagram.

Work with time and money.

M.2.21

Tell and write time from analog and digital clocks to the nearest five minutes, using a.m. and p.m.

M.2.22

Solve word problems involving dollar bills, quarters, dimes, nickels, and pennies, using $ and ¢ symbols appropriately (e.g., If you have 2 dimes and 3 pennies, how many cents do you have?).

M.2.23

Generate measurement data by measuring lengths of several objects to the nearest whole unit or by making repeated measurements of the same object. Show the measurements by making a line plot, where the horizontal scale is marked off in whole-number units.

M.2.24

Draw a picture graph and a bar graph (with single-unit scale) to represent a data set with up to four categories. Solve simple put-together, take-apart, and compare problems using information presented in a bar graph.

M.2.25

Recognize and draw shapes having specified attributes, such as a given number of angles or a given number of equal faces (sizes are compared directly or visually, not compared by measuring). Identify triangles, quadrilaterals, pentagons, hexagons, and cubes.

M.2.26

Partition a rectangle into rows and columns of same-size squares and count to find the total number of them.

M.2.27

Partition circles and rectangles into two, three, or four equal shares, describe the shares using the words halves, thirds, half of, a third of, etc., describe the whole as two halves, three thirds, four fourths. Recognize that equal shares of identical wholes need not have the same shape.

Mathematics – Grade 3 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the third grade will focus on four critical areas: (1) developing understanding of multiplication and division and strategies for multiplication and division within 100; (2) developing understanding of fractions, especially unit fractions (fractions with numerator 1); (3) developing understanding of the structure of rectangular arrays and of area; and (4) describing and analyzing two-dimensional shapes. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Continuing the skill progressions from second grade, the following chart represents the mathematical understandings that will be developed in third grade:

Understand how to multiply and divide numbers up to 10 x 10 fluently (efficiently, flexibly, and accurately).

Solve word problems using addition, subtraction, multiplication, and division.

Begin to multiply numbers with more than one digit (e.g., multiplying 9 × 80).

Understand place value and properties of operations to perform multi-digit arithmetic, such as 10 x 2, 50 x 3, and 40 x 7.

Compare and order numbers based on place value.

Identify an arithmetic pattern.

Understand fractions and relate them to the familiar system of whole numbers (e.g., recognizing that 3/1 and 3 are the same number).

Measure and estimate weights and liquid volumes and solve word problems involving these quantities.

Tell time and write time to the nearest minute.

Recognize area as a quality of two-dimensional regions.

Understand that rectangular arrays can be broken into identical rows or into identical columns. By breaking rectangles into rectangular arrays of squares, students connect area to multiplication and explain how multiplication is used to determine the area of a rectangle.

Reason about shapes (e.g., all squares are rectangles but not all rectangles are squares).

Find areas of shapes, and relate area to multiplication (e.g., why is the number of square feet for a 9-foot by 7-foot room given by the product 9 × 7?).

Understand the connection between equal parts of a shape being a unit of the whole.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Represent and solve problems involving multiplication and division.

Standards 1-4 Understand properties of multiplication and the relationship between multiplication and division.

Standards 5-6 Multiply and divide within 100.

Standard 7 Solve problems involving the four operations and identify and explain patterns in arithmetic.

Standards 8-9 Use place value and properties of operations to perform multi-digit arithmetic.

Standards 10-14 Number and Operations – Fractions Develop an understanding of fractions as numbers.

Standards 15-17 Solve problems involving measurement and estimation of intervals of time, liquid volumes, and masses of objects.

Standards 18-19 Standards 20-21 Geometric measurement: understand concepts of area and relate area to multiplication and to addition.

Standards 22-24 Geometric measurement: recognize perimeter as an attribute of plane figures and distinguish between linear and area measures.

Standard 25 Standards 26-27 Represent and solve problems involving multiplication and division.

M.3.1

Interpret products of whole numbers, e.g., interpret 5 × 7 as the total number of objects in 5 groups of 7 objects each (e.g., describe context in which a total number of objects can be expressed as 5 × 7).

M.3.2

Interpret whole-number quotients of whole numbers, e.g., interpret 56 ÷ 8 as the number of objects in each share when 56 objects are partitioned equally into 8 shares, or as a number of shares when 56 objects are partitioned into equal shares of 8 objects each (e.g., describe a context in which a number of shares or a number of groups can be expressed as 56 ÷ 8).

M.3.3

Use multiplication and division within 100 to solve word problems in situations involving equal groups, arrays, and measurement quantities (e.g., by using drawings and equations with a symbol for the unknown number to represent the problem).

M.3.4

Determine the unknown whole number in a multiplication or division equation relating three whole numbers (e.g., determine the unknown number that makes the equation true in each of the equations 8 × ? = 48, 5 = ? ÷ 3, 6 × 6 =?).

Understand properties of multiplication and the relationship between multiplication and division.

M.3.5

Apply properties of operations as strategies to multiply and divide (e.g., if 6 × 4 = 24 is known, then 4 × 6 = 24 is also known: Commutative Property of Multiplication; 3 × 5 × 2 can be found by 3 × 5 = 15, then 15 × 2 = 30, or by 5 × 2 = 10, then 3 × 10 = 30: Associative Property of Multiplication; knowing that 8 × 5 = 40 and 8 × 2 = 16, one can find 8 × 7 as 8 × (5 + 2) = (8 × 5) + (8 × 2) = 40 + 16 = 56: Distributive Property). Instructional Note: Students should focus on conceptual understanding not use formal terms for these properties.

M.3.6

Understand division as an unknown-factor problem (e.g., find 32 ÷ 8 by finding the number that makes 32 when multiplied by 8).

Multiply and divide within 100.

M.3.7

Fluently (efficiently, flexibly, and accurately) multiply and divide within 100 using strategies such as the relationship between multiplication and division and the properties of operations. By the end of Grade 3, know the multiplication table (facts) within 100 (0s-10s) efficiently.

Solve problems involving the four operations and identify and explain patterns in arithmetic.

M.3.8

Solve two-step word problems using the four operations, represent these problems using equations with a letter standing for the unknown quantity. Assess the reasonableness of answers using mental computation and estimation strategies including rounding. Instructional Note: This standard is limited to problems posed with whole numbers and having whole number answers; students should know how to perform operations in the conventional order when there are no parentheses to specify a particular order (Order of Operations).

M.3.9

Identify arithmetic patterns (including patterns in the addition table or multiplication table) and explain those using properties of operations (e.g., observe that 4 times a number is always even and explain why 4 times a number can be decomposed into two equal addends).

Use place value understanding and properties of operations to perform multi-digit arithmetic.

M.3.10

Read and write numbers to 10,000 using standard form, word form, and expanded form.

M.3.11

Compare two four-digit numbers based on meanings of the thousands, hundreds, tens, and ones digits using >, = and < symbols to record the results of the comparisons. Order numbers based on place value.

M.3.12

Use place value understanding to round whole numbers to the nearest 10 or 100.

M.3.13

Fluently (efficiently, flexibly, and accurately) add and subtract within 1000 using strategies and algorithms based on place value, properties of operations, and/or the relationship between addition and subtraction.

M.3.14

Multiply one-digit whole numbers by multiples of 10 in the range 10–90 (e.g., 9 × 80, 5 × 60) using strategies based on place value and properties of operations.

Develop understanding of fractions as numbers.

M.3.15

Understand a fraction 1/b as the quantity formed by 1 part when a whole is partitioned into b equal parts; understand a fraction a/b as the quantity formed by a parts of size 1/b. Instructional Note: Fractions in this standard are limited to denominators of 2, 3, 4, 6, and 8.

M.3.16

Understand a fraction as a number on the number line and represent fractions on a number line diagram.

Represent a fraction 1/b on a number line diagram by defining the interval from 0 to 1 as the whole and partitioning it into b equal parts. Recognize that each part has size 1/b and that the endpoint of the part based at 0 locates the number 1/b on the number line (e.g., given that b parts is 4 parts, then 1/b represents ¼; students partition the number line into fourths and locate 1/4 on the number line).

Represent a fraction a/b on a number line diagram by marking off a lengths 1/b from 0. Recognize that the resulting interval has size a/b and that its endpoint locates the number a/b on the number line (e.g., given that a/b represents 3/4 or 6/4, students partition the number line into fourths and represent these fractions accurately on the same number line; students extend the number line to include the number of wholes required for the given fractions).

Instructional Note: Fractions in this standard are limited to denominators of 2, 3, 4, 6, and 8.

M.3.17

Explain equivalence of fractions in special cases and compare fractions by reasoning about their size.

Understand two fractions as equivalent (equal) if they are the same size or the same point on a number line.

Recognize and generate simple equivalent fractions (e.g., 1/2 = 2/4, 4/6 = 2/3). Explain why the fractions are equivalent (e.g., by using a visual fraction model).

Express whole numbers as fractions and recognize fractions that are equivalent to whole numbers (e.g., express 3 in the form 3 = 3/1; recognize that 6/1 = 6; locate 4/4 and 1 at the same point of a number line diagram).

Compare two fractions with the same numerator or the same denominator by reasoning about their size. Recognize that comparisons are valid only when the two fractions refer to the same whole. Record the results of comparisons with the symbols >, = or < and justify the conclusions (e.g., by using a visual fraction model).

Instructional Note: Fractions in this standard are limited to denominators of 2, 3, 4, 6, and 8.

Solve problems involving measurement and estimation of intervals of time, liquid volumes, and masses of objects.

M.3.18

Tell and write time to the nearest minute, measure time intervals in minutes. Solve word problems involving addition and subtraction of time intervals in minutes (e.g., by representing the problem on a number line diagram).

M.3.19

Measure and estimate liquid volumes and masses of objects using standard units of grams (g), kilograms (kg) and liters (l). Add, subtract, multiply or divide to solve one-step word problems involving masses or volumes that are given in the same units (e.g., by using drawings, such as a beaker with a measurement scale) to represent the problem. Instructional Note: Exclude compound units such as cm3 and finding the geometric volume of a container.

M.3.20

Draw a scaled picture graph and a scaled bar graph to represent a data set with several categories. Solve one- and two-step “how many more” and “how many less” problems using information presented in scaled bar graphs (e.g., draw a bar graph in which each square might represent 5 pets).

M.3.21

Generate measurement data by measuring lengths using rulers marked with halves and fourths of an inch. Show the data by making a line plot, where the horizontal scale is marked off in appropriate units—whole numbers, halves or quarters.

Geometric measurement: understand concepts of area and relate area to multiplication and to addition.

M.3.22

Recognize area as an attribute of plane figures and understand concepts of area measurement.

A square with side length 1 unit, called “a unit square,” is said to have “one square unit” of area and can be used to measure area.

A plane figure which can be covered without gaps or overlaps by b unit squares is said to have an area of b square units.

M.3.23

Measure areas by counting unit squares (square cm, square m, square in, square ft. and improvised units).

M.3.24

Relate area to the operations of multiplication and addition.

Find the area of a rectangle with whole-number side lengths by tiling it and show that the area is the same as would be found by multiplying the side lengths.

Multiply side lengths to find areas of rectangles with whole number side lengths in the context of solving real-world and mathematical problems and represent whole-number products as rectangular areas in mathematical reasoning.

Use tiling to show in a concrete case that the area of a rectangle with whole-number side lengths a and b + c is the sum of a × b and a × c. Use area models to represent the distributive property in mathematical reasoning.

Recognize area as additive and find areas of rectilinear figures by decomposing them into non-overlapping rectangles and adding the areas of the non-overlapping parts, applying this technique to solve real-world problems.

Geometric measurement: recognize perimeter as an attribute of plane figures and distinguish between linear and area measures.

M.3.25

Solve real-world and mathematical problems involving perimeters of polygons, including finding the perimeter given the side lengths, finding an unknown side length and exhibiting rectangles with the same perimeter and different areas or with the same area and different perimeters.

M.3.26

Understand that shapes in distinct categories (e.g., rhombuses, rectangles, and others) may share attributes (e.g., having four sides) and that the shared attributes can define a larger category (e.g., quadrilaterals). Recognize rhombuses, rectangles, and squares as examples of quadrilaterals, and draw examples of quadrilaterals that do not belong to any of these subcategories.

M.3.27

Partition shapes into parts with equal areas. Express the area of each part as a unit fraction of the whole. For example, partition a shape into 4 parts with equal area, and describe the area of each part as ¼ or the area of the shape.

Mathematics – Grade 4 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the fourth grade will focus on three critical areas: (1) developing understanding with multi-digit multiplication, and developing understanding of dividing to find quotients involving multi-digit dividends; (2) developing an understanding of fraction equivalence, addition and subtraction of fractions with like denominators, and multiplication of fractions by whole numbers; (3) understanding that geometric figures can be analyzed and classified based on their properties, such as having parallel sides, perpendicular sides, particular angle measures, and symmetry. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Continuing the skill progressions from third grade, the following chart represents the mathematical understandings that will be developed in fourth grade:

Use whole-number arithmetic to solve word problems, including problems with remainders and problems with measurements.

Add and subtract whole numbers efficiently and accurately using the standard algorithm.

Multiply and divide multi-digit numbers by a one-digit number (e.g., multiplying 1,638 x 7 and dividing 6,966 by 6).

Multiply two 2-digit numbers.

Gain familiarity with factors and multiples.

Generate and analyze patterns.

Generalize place value understanding for multi-digit whole numbers.

Compare and order numbers based on place value.

Use place value understanding and properties of operations to perform multi-digit arithmetic.

Use equivalent fractions to understand and order fractions (e.g., recognize that 1⁄4 is less than 3⁄8 because 2⁄8 is less than 3⁄8).

Add and subtract fractions and mixed numbers with like denominators (such as 2 3⁄4 − 1 1⁄4) and solve related word problems.

Multiply fractions by whole numbers.

Understand and compare simple decimals in terms of fractions (e.g., rewriting 0.62 as 62⁄100).

Solve problems involving measurement and conversion of measurements from a larger unit to a smaller unit.

Measure angles and understand concepts of angles.

Draw and identify lines and angles and classify shapes by properties of their lines and angles.

Measure angles and find unknown angles in a diagram.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Use the four operations with whole numbers to solve problems.

Gain familiarity with factors and multiples.

Generate and analyze patterns.

Standard 5 Generalize place value understanding for multi-digit whole numbers.

Standards 6-8 Use place value understanding and properties of operations to perform multi-digit arithmetic.

Standards 9-11 Extend understanding of fraction equivalence and ordering.

Standards 12-13 Build fractions from unit fractions by applying and extending previous understandings of operations on whole numbers.

Standards 14-15 Understand decimal notation for fractions and compare decimal fractions.

Standards 16-18 Solve problems involving measurement and conversion of measurements from a larger unit to a smaller unit.

Standards 19-21 Standard 22 Geometric measurement: understand concepts of angle and measure angles.

Standards 23-25 Draw and identify lines angles and classify shapes by properties of their lines and angles.

Standards 26-28 Use the four operations with whole numbers to solve problems.

M.4.1

Interpret a multiplication equation as a comparison of two expressions (e.g., interpret 35 = 5 × 7 as a statement that 35 is 5 times as many as 7 and 7 times as many as 5). Represent verbal statements of multiplicative comparisons as multiplication expressions and equations.

M.4.2

Multiply or divide to solve word problems involving multiplicative comparison (e.g., by using drawings and equations with a symbol for the unknown number to represent the problem) and distinguish multiplicative comparison from additive comparison.

M.4.3

Solve multi-step word problems posed with whole numbers and having whole-number answers using the four operations, including problems in which remainders must be interpreted. Represent these problems using equations with a letter standing for the unknown quantity. Assess the reasonableness of answers using mental computation and estimation strategies including rounding.

Gain familiarity with factors and multiples.

M.4.4

Find all factor pairs for a whole number in the range 1–100, recognize that a whole number is a multiple of each of its factors. Determine whether a given whole number in the range 1–100 is a multiple of a given one-digit number. Determine whether a given whole number in the range 1–100 is prime or composite.

Generate and analyze patterns.

M.4.5

Generate a number pattern that follows a given rule. Identify apparent features of the pattern that were not explicit in the rule itself (e.g., given the rule “Add 3” and the starting number 1, generate terms in the resulting sequence and observe that the terms appear to alternate between odd and even numbers; explain informally why the numbers will continue to alternate in this way).

Generalize place value understanding for multi-digit whole numbers.

M.4.6

Recognize that in a multi-digit whole number, a digit in one place represents ten times what it represents in the place to its right (e.g., recognize that 700 ÷ 70 = 10 by applying concepts of place value and division).

M.4.7

Read and write multi-digit whole numbers using base-ten numerals, number names, and expanded form. Compare two multi-digit numbers based on meanings of the digits in each place, using >, = and < symbols to record the results of comparisons. Order numbers based on place value.

M.4.8

Use place value understanding to round multi-digit whole numbers to any place.

Use place value understanding and properties of operations to perform multi-digit arithmetic.

M.4.9

Fluently (efficiently and accurately) add and subtract multi-digit whole numbers using the standard algorithm.

M.4.10

Multiply a whole number of up to four digits by a one-digit whole number, multiply two two-digit numbers, using strategies based on place value and the properties of operations and illustrate and explain the calculation by using equations, rectangular arrays, area models, and/or partial products.

M.4.11

Find whole-number quotients and remainders with up to four-digit dividends and one-digit divisors, using strategies based on place value, the properties of operations and/or the relationship between multiplication and division. Illustrate and explain the calculation by using equations, rectangular arrays, area models, and/or partial quotients.

Extend understanding of fraction equivalence and ordering.

M.4.12

Explain why a fraction a/b is equivalent to another fraction by using visual fraction models, with attention to how the number and size of the parts differ even though the two fractions themselves are the same size. Use this principle to recognize and generate equivalent fractions.

M.4.13

Compare two fractions with different numerators and different denominators (e.g., by creating common denominators or common numerators, or by comparing to a benchmark fraction such as ½). Recognize that comparisons are valid only when the two fractions refer to the same whole. Record the results of comparisons with symbols >, = or <, and justify the conclusions by using a visual fraction model.

Build fractions from unit fractions by applying and extending previous understandings of operations on whole numbers.

M.4.14

Understand the fraction a/b, with a > 1, as the sum of a of the fractions 1/b.

Add and subtract fractions with like denominators. Understand addition and subtraction of fractions as joining and separating parts referring to the same whole.

Decompose a fraction into a sum of fractions with the same denominator in more than one way, recording each decomposition by an equation. Justify decompositions by using a visual fraction model (e.g., 3/8 = 1/8 + 1/8 + 1/8; 3/8 = 1/8 + 2/8; 2 1/8 = 1 + 1 + 1/8 = 8/8 + 8/8 + 1/8).

Add and subtract mixed numbers with like denominators by replacing each mixed number with an equivalent fraction greater than one and/or by using properties of operations and the relationship between addition and subtraction. Identify the two whole numbers a mixed number is between.

Solve word problems involving addition and subtraction of fractions referring to the same whole and having like denominators by using visual fraction models and equations to represent the problem.

M.4.15

Apply and extend previous understandings of multiplication to multiply a fraction by a whole number.

Understand a fraction a/b as a multiple of 1/b, (e.g., use a visual fraction model to represent 5/4 as the product 5 × (1/4), recording the conclusion by the equation 5/4 = 5 × (1/4)).

Understand a multiple of a/b as a multiple of 1/b and use this understanding to multiply a fraction by a whole number (e.g., use a visual fraction model to express 3 × (2/5) as 6 × (1/5), recognizing this product as 6/5. In general, n × (a/b) = (n × a)/b).

Solve word problems involving multiplication of a fraction by a whole number by using visual fraction models and equations to represent the problem (e.g., If each person at a party will eat 3/8 of a pound of roast beef, and there will be 5 people at the party, how many pounds of roast beef will be needed? Between what two whole numbers does your answer lie?).

Understand decimal notation for fractions and compare decimal fractions.

M.4.16

Express a fraction with denominator 10 as an equivalent fraction with denominator 100, and use this technique to add two fractions with respective denominators 10 and 100 (e.g., express 3/10 as 30/100, and add 3/10 + 4/100 = 34/100). Instructional Note: Students who can generate equivalent fractions can develop strategies for adding fractions with unlike denominators in general. But addition and subtraction with unlike denominators in general is not a requirement at this grade.

M.4.17

Use decimal notation for fractions with denominators 10 or 100 (e.g., rewrite 0.62 as 62/100; describe a length as 0.62 meters; locate 0.62 on a number line diagram).

M.4.18

Compare two decimals to hundredths by reasoning about their size. Recognize that comparisons are valid only when the two decimals refer to the same whole. Record the results of comparisons with the symbols >, = or <, and justify the conclusions by using a visual model.

Solve problems involving measurement and conversion of measurements from a larger unit to a smaller unit.

M.4.19

Know relative sizes of measurement units within a system of units, including the metric system (km, m, cm; kg, g; l, ml), the customary system (lb., oz.), and time (hr., min., sec.). Within one system of measurement, express measurements in a larger unit in terms of a smaller unit. Express measurements in a larger unit in terms of a smaller unit. Record measurement equivalents in a two-column table (e.g., know that 1 ft is 12 times as long as 1 in; express the length of a 4 ft snake as 48 in; generate a conversion table for feet and inches listing the number pairs (1, 12), (2, 24), (3, 36), ...).

M.4.20

Use the four operations to solve word problems involving distances, intervals of time, liquid volumes, masses of objects, and money, including problems involving simple fractions or decimals and problems that require expressing measurements given in a larger unit in terms of a smaller unit. Represent measurement quantities using diagrams such as number line diagrams that feature a measurement scale.

M.4.21

Apply the area and perimeter formulas for rectangles in real-world and mathematical problems by viewing the area formula as a multiplication equation with an unknown factor (e.g., find the width of a rectangular room given the area of the flooring and the length).

M.4.22

Make a line plot to display a data set of measurements in fractions of a unit (1/2, 1/4, 1/8). Solve problems involving addition and subtraction of fractions with like denominators by using information presented in line plots (e.g., from a line plot find and interpret the difference in length between the longest and shortest specimens in an insect collection).

Geometric measurement: understand concepts of angles and measure angles.

M.4.23

Recognize angles as geometric shapes that are formed wherever two rays share a common endpoint, and understand concepts of angle measurement:

An angle is measured with reference to a circle with its center at the common endpoint of the rays, by considering the fraction of the circular arc between the points where the two rays intersect the circle. An angle that turns through 1/360 of a circle is called a “one-degree angle,” and can be used for measuring angles.

An angle that turns through b one-degree angles is said to have an angle measure of b degrees.

M.4.24

Measure angles in whole-number degrees using a protractor and sketch angles of specified measure.

M.4.25

Recognize angle measure as additive. When an angle is decomposed into non-overlapping parts, the angle measure of the whole is the sum of the angle measures of the parts. Solve addition and subtraction problems to find unknown angles on a diagram in real-world and mathematical problems (e.g., by using an equation with a symbol for the unknown angle measure).

Draw and identify lines and angles and classify shapes by properties of their lines and angles.

M.4.26

Draw points, lines, line segments, rays, angles (right, acute, obtuse) and perpendicular and parallel lines. Identify these in two-dimensional figures.

M.4.27

Classify two-dimensional figures based on the presence or absence of parallel or perpendicular lines or the presence or absence of angles of a specified size. Recognize right triangles as a category and identify right triangles.

M.4.28

Recognize a line of symmetry for a two-dimensional figure as a line across the figure such that the figure can be folded along the line into matching parts. Identify line-symmetric figures and draw lines of symmetry.

Mathematics – Grade 5 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the fifth grade will focus on three critical areas: (1) developing fluency with addition and subtraction of fractions, and developing understanding of the multiplication of fractions and of division of fractions in limited cases (unit fractions divided by whole numbers and whole numbers divided by unit fractions); (2) extending division to 2-digit divisors, integrating decimal fractions into the place value system and developing understanding of operations with decimals to hundredths, and developing fluency with whole number and decimal operations; (3) developing an understanding of volume. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students in fifth grade will continue developing mathematical proficiency in a developmentally-appropriate progressions of standards. Continuing the skill progressions from fourth grade, the following chart represents the mathematical understandings that will be developed in fifth grade:

Write and interpret numerical expressions.

Analyze mathematical patterns and relationships.

Understand the place value system.

Generalize the place-value system to include decimals and calculate with decimals to the hundredths place (two places after the decimal).

Multiply whole numbers fluently (efficiently and accurately) by using the standard algorithm, for example 1,638 × 753, and divide whole numbers by using a strategy based on place value and properties, for example, dividing 6,971 by 63.

Add and subtract fractions and mixed numbers with like and unlike denominators (e.g., 2 1⁄4 – 1 1⁄3) and solve word problems of this kind.

Multiply fractions; divide fractions in simple cases; and solve related word problems (e.g., find the area of a rectangle with fractional side lengths; determine how many 1⁄3-cup servings are in 2 cups of raisins; or if 3 people share 1⁄2 pound of chocolate equally).

Convert like measurement units within a given measurement system.

Make a line plot to display a data set with fractional units of measure and interpret the data to solve problems.

Geometric measurement: Understand the concept of volume and solve word problems that involve volume.

Graph points in quadrant 1 of the coordinate plane to solve real-world and mathematical problems.

Classify two-dimensional figures into categories based on their properties.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Write and interpret numerical expressions.

Analyze patterns and relationships.

Understand the place value system.

Standards 4-7 Perform operations with multi-digit whole numbers and with decimals to hundredths.

Standards 8-10 Use equivalent fractions as a strategy to add and subtract fractions.

Standards 11-12 Apply and extend previous understandings of multiplication and division to multiply and divide fractions.

Standards 13-17 Convert like measurement units within a given measurement system.

Standard 18 Standard 19 Geometric measurement: understand concepts of volume and relate volume to multiplication and to addition.

Standards 20-22 Graph points on the coordinate plane to solve real-world and mathematical problems.

Standards 23-24 Classify two-dimensional figures into categories based on their properties.

Standards 25-26 Write and interpret numerical expressions.

M.5.1

Use parentheses or brackets in numerical expressions and evaluate expressions with these symbols.

M.5.2

Write simple expressions that record calculations with numbers and interpret numerical expressions without evaluating them (e.g., express the calculation “add 8 and 7, then multiply by 2” as 2 × (8 + 7); recognize that 3 × (18932 + 921) is three times as large as 18932 + 921, without having to calculate the indicated sum or product).

Analyze patterns and relationships.

M.5.3

Generate two numerical patterns using two given rules. Identify apparent relationships between corresponding terms. Form ordered pairs consisting of corresponding terms from the two patterns and graph the ordered pairs on a coordinate plane (e.g., given the rule “Add 3” and the starting number 0 and given the rule “Add 6” and the starting number 0, generate terms in the resulting sequences and observe that the terms in one sequence are twice the corresponding terms in the other sequence; explain informally why this is so).

Understand the place value system.

M.5.4

Recognize that in a multi-digit number, a digit in one place represents 10 times as much as it represents in the place to its right and 1/10 of what it represents in the place to its left.

M.5.5

Explain how the value of a multi-digit number, including decimals, is changed when the number is multiplied or divided by a power of 10. Use whole-number exponents to denote powers of 10.

M.5.6

Read, write, and compare decimals to thousandths.

Read and write decimals to thousandths using base-ten numerals, number names and expanded form (e.g., 347.392 = 3 × 100 + 4 × 10 + 7 × 1 + 3 × (1/10) + 9 × (1/100) + 2 × (1/1000)).

Compare two decimals to thousandths based on meanings of the digits in each place, using >, = and < symbols to record the results of comparisons.

M.5.7

Use place value understanding to round multi-digit numbers, including decimals, to any place.

Perform operations with multi-digit whole numbers and with decimals to hundredths.

M.5.8

Fluently (efficiently and accurately) multiply multi-digit whole numbers using the standard algorithm.

M.5.9

Find whole-number quotients of whole numbers with up to four-digit dividends and two-digit divisors, using strategies based on place value, the properties of operations, and/or the relationship between multiplication and division. Illustrate and explain the calculation by using equations, rectangular arrays, area models, and/or partial quotients.

M.5.10

Add, subtract, multiply and divide decimals to hundredths, using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between related operations, relate the strategy to a written method and explain the reasoning used.

Number and Operations - Fractions Use equivalent fractions as a strategy to add and subtract fractions.

M.5.11

Add and subtract fractions with unlike denominators by replacing given fractions with equivalent fractions in such a way as to produce an equivalent sum or difference of fractions with like denominators (e.g., 2/3 + 5/4 = 8/12 + 15/12 = 23/12). Instructional Note: In general, a/b + c/d = (ad + bc)/bd.

M.5.12

Solve word problems involving addition and subtraction of fractions referring to the same whole, including cases of unlike denominators by using visual fraction models or equations to represent the problem. Use benchmark fractions and number sense of fractions to estimate mentally and assess the reasonableness of answers (e.g., recognize an incorrect result 2/5 + 1/2 = 3/7, by observing that 3/7 < 1/2).

Apply and extend previous understandings of multiplication and division to multiply and divide fractions.

M.5.13

Interpret a fraction as division of the numerator by the denominator (a/b = a ÷ b). Solve word problems involving division of whole numbers leading to answers in the form of fractions or mixed numbers by using visual fraction models or equations to represent the problem (e.g., interpret 3/4 as the result of dividing 3 by 4, noting that 3/4 multiplied by 4 equals 3 and that when 3 wholes are shared equally among 4 people each person has a share of size 3/4).

M.5.14

Apply and extend previous understandings of multiplication to multiply a fraction or whole number by a fraction.

Interpret the product (a/b) × q as a number of parts of a partition of q into b equal parts; equivalently, as the result of a sequence of operations a × q ÷ b (e.g., use a visual fraction model to show (2/3) × 4 = 8/3 and create a story context for this equation; do the same with (2/3) × (4/5) = 8/15). Instructional Note: In general, (a/b) × (c/d) = ac/bd.

Find the area of a rectangle with fractional side lengths by tiling it with unit squares of the appropriate unit fraction side lengths and show that the area is the same as would be found by multiplying the side lengths. Multiply fractional side lengths to find areas of rectangles and represent fraction products as rectangular areas.

M.5.15

Interpret multiplication as scaling (resizing), by:

Comparing the size of a product to the size of one factor on the basis of the size of the other factor, without performing the indicated multiplication.

Explaining why multiplying a given number by a fraction greater than 1 results in a product greater than the given number (recognizing multiplication by whole numbers greater than 1 as a familiar case); explaining why multiplying a given number by a fraction less than 1 results in a product smaller than the given number; and relating the principle of fraction equivalence a/b = (n×a)/(n×b) to the effect of multiplying a/b by 1.

M.5.16

Solve real-world problems involving multiplication of fractions and mixed numbers by using visual fraction models or equations to represent the problem.

M.5.17

Apply and extend previous understandings of division to divide unit fractions by whole numbers and whole numbers by unit fractions. Instructional Note: Students able to multiply fractions in general can develop strategies to divide fractions in general, by reasoning about the relationship between multiplication and division, but division of a fraction by a fraction is not a requirement at this grade.

Interpret division of a unit fraction by a non-zero whole number and compute such quotients (e.g., create a story context for (1/3) ÷ 4 and use a visual fraction model to show the quotient; use the relationship between multiplication and division to explain that (1/3) ÷ 4 = 1/12 because (1/12) × 4 = 1/3).

Interpret division of a whole number by a unit fraction and compute such quotients (e.g., create a story context for 4 ÷ (1/5) and use a visual fraction model to show the quotient; use the relationship between multiplication and division to explain that 4 ÷ (1/5) = 20 because 20 × (1/5) = 4).

Solve real-world problems involving division of unit fractions by non-zero whole numbers and division of whole numbers by unit fractions by using visual fraction models and equations to represent the problem (e.g., How much chocolate will each person get if 3 people share 1/2 lb. of chocolate equally? How many 1/3-cup servings are in 2 cups of raisins?).

Convert like measurement units within a given measurement system.

M.5.18

Convert among different-sized standard measurement units within a given measurement system, both customary and metric, (e.g., convert 5 cm to 0.05 m) and use these conversions in solving multi-step, real-world problems.

M.5.19

Make a line plot to display a data set of measurements in fractions of a unit (1/2, 1/4, 1/8). Use operations on fractions for this grade to solve problems involving information presented in line plots (e.g., given different measurements of liquid in identical beakers, find the amount of liquid each beaker would contain if the total amount in all the beakers were redistributed equally).

Geometric measurement: understand concepts of volume and relate volume to multiplication and to addition.

M.5.20

Recognize volume as an attribute of solid figures and understand concepts of volume measurement.

A cube with side length 1 unit, called a “unit cube,” is said to have “one cubic unit” of volume and can be used to measure volume.

A solid figure which can be packed without gaps or overlaps using b unit cubes is said to have a volume of b cubic units.

M.5.21

Measure volumes by counting unit cubes, using cubic cm, cubic in, cubic ft, and improvised units.

M.5.22

Relate volume to the operations of multiplication and addition and solve real-world and mathematical problems involving volume.

Find the volume of a right rectangular prism with whole-number side lengths by packing it with unit cubes and show that the volume is the same as would be found by multiplying the edge lengths, equivalently by multiplying the height by the area of the base. Represent threefold whole-number products as volumes (e.g., to represent the associative property of multiplication).

Apply the formulas V = l × w × h and V = B × h for rectangular prisms to find volumes of right rectangular prisms with whole number edge lengths in the context of solving real-world and mathematical problems.

Recognize volume as additive and find volumes of solid figures composed of two non-overlapping right rectangular prisms by adding the volumes of the non-overlapping parts, applying this technique to solve real-world problems.

Graph points on the coordinate plane to solve real-world and mathematical problems.

M.5.23

Use a pair of perpendicular number lines, called axes, to define a coordinate system, with the intersection of the lines, the origin, arranged to coincide with the 0 on each line and a given point in the plane located by using an ordered pair of numbers, called its coordinates. Understand that the first number indicates how far to travel from the origin in the direction of the horizontal axis (x-axis) and the second number indicates how far to travel in the direction of the vertical axis (y-axis), with the convention that the names of the two axes and the coordinates correspond (e.g., x-axis and x-coordinate, y-axis and y-coordinate).

M.5.24

Represent real-world mathematical problems by graphing points in the first quadrant of the coordinate plane and interpret coordinate values of points in the context of the situation.

Classify two-dimensional figures into categories based on their properties.

M.5.25

Understand that attributes belonging to a category of two-dimensional figures also belong to all subcategories of that category (e.g., all rectangles have four right angles and squares are rectangles, so all squares have four right angles).

M.5.26

Classify two-dimensional figures in a hierarchy based on properties.

Mathematics – Grade 6 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the sixth grade will focus on four critical areas: (1) connecting ratio and rate to whole number multiplication and division and using concepts of ratio and rate to solve problems; (2) completing understanding of division of fractions and extending the notion of number to the system of rational numbers, which includes negative numbers; (3) writing, interpreting and using expressions and equations; and (4) developing understanding of statistical thinking. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students in sixth grade will continue developing mathematical proficiency in a developmentally-appropriate progressions of standards. Continuing the skill progressions from fifth grade, the following chart represents the mathematical understandings that will be developed in sixth grade:

Ratios and Proportional Reasoning Understand ratios and rates, and solve problems involving proportional relationships (e.g., If it took 7 hours to mow 4 lawns, then at that rate, how many lawns could be mowed in 35 hours?).

Divide fractions and solve related word problems (e.g., How wide is a rectangular strip of land with length 3⁄4 mile and area 1⁄2 square mile?).

Perform operations with multi-digit decimals and solve related word problems.

Use positive and negative numbers together to describe quantities; understand the ordering and absolute values of positive and negative numbers.

Work with variables and expressions by generalizing the way numbers work (e.g., when adding numbers, the order doesn’t matter, so x + y = y + x; likewise, properties of addition and multiplication can be used to rewrite 24x + 18y as 6(4x + 3y), or y + y + y as 3y).

Write equations to solve word problems and describe relationships between quantities (e.g., the distance D traveled by a train in time T might be expressed by an equation D = 85T, where D is in miles and T is in hours).

Reason about relationships between shapes to determine area, surface area, and volume.

Create graphical representations of data and reason about statistical distributions.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Ratios and Proportional Relationships Understand ratio concepts and use ratio reasoning to solve problems.

Apply and extend previous understandings of multiplication and division to divide fractions by fractions.

Compute fluently with multi-digit numbers and find common factors and multiples.

Standards 5-7 Apply and extend previous understandings of numbers to the system of rational numbers.

Standards 8-11 Apply and extend previous understandings of arithmetic to algebraic expressions.

Standards 12-15 Reason about and solve one-variable equations and inequalities.

Standards 16-19 Represent and analyze quantitative relationships between dependent and independent variables.

Standard 20 Solve real-world and mathematical problems involving area, surface area, and volume.

Standards 21-24 Develop understanding of statistical variability.

Standards 25-27 Summarize and describe distributions.

Standards 28-29 Ratios and Proportional Relationships Understand ratio concepts and use ratio reasoning to solve problems.

M.6.1

Understand the concept of a ratio and use ratio language to describe a ratio relationship between two quantities (e.g., “The ratio of wings to beaks in the bird house at the zoo was 2:1, because for every 2 wings there was 1 beak.” “For every vote candidate A received, candidate C received nearly three votes.”).

M.6.2

Understand the concept of a unit rate a/b associated with a ratio a:b with b ≠ 0 and use rate language in the context of a ratio relationship (e.g., “This recipe has a ratio of 3 cups of flour to 4 cups of sugar, so there is 3/4 cup of flour for each cup of sugar.” “We paid $75 for 15 hamburgers, which is a rate of $5 per hamburger.”). Instructional Note: Expectations for unit rates in this grade are limited to non-complex fractions.

M.6.3

Use ratio and rate reasoning to solve real-world and mathematical problems, e.g., by reasoning about tables of equivalent ratios, tape diagrams, double number line diagrams, or equations.

Make tables of equivalent ratios relating quantities with whole number measurements, find missing values in the tables, and plot the pairs of values on the coordinate plane. Use tables to compare ratios.

Solve unit rate problems including those involving unit pricing and constant speed (e.g., If it took 7 hours to mow 4 lawns, then at that rate, how many lawns could be mowed in 35 hours? At what rate were lawns being mowed?).

Find a percent of a quantity as a rate per 100 (e.g., 30% of a quantity means 30/100 times the quantity); solve problems involving finding the whole, given a part and the percent.

Use ratio reasoning to convert measurement units; manipulate and transform units appropriately when multiplying or dividing quantities.

Apply and extend previous understandings of multiplication and division to divide fractions by fractions.

M.6.4

Interpret and compute quotients of fractions and solve word problems involving division of fractions by fractions by using visual fraction models and equations to represent the problem (e.g., create a story context for (2/3) ÷ (3/4) and use a visual fraction model to show the quotient; use the relationship between multiplication and division to explain that (2/3) ÷ (3/4) = 8/9 because 3/4 of 8/9 is 2/3. [In general, (a/b) ÷ (c/d) = ad/bc.] How much chocolate will each person get if 3 people share 1/2 lb or 1 1/2 lb of chocolate equally? How many 3/4-cup servings are in 2/3 of a cup or 5/3 of a cup of yogurt? How wide is a rectangular strip of land with length 3/4 mi and area ½ square mi?).

Compute fluently with multi-digit numbers and find common factors and multiples.

M.6.5

Fluently (efficiently and accurately) divide multi-digit numbers using the standard algorithm.

M.6.6

Fluently (efficiently and accurately) add, subtract, multiply and divide multi-digit decimals using the standard algorithm for each operation.

M.6.7

Find the greatest common factor of two whole numbers less than or equal to 100 and the least common multiple of two whole numbers less than or equal to 12. Use the distributive property to express a sum of two whole numbers 1–100 with a common factor as a multiple of a sum of two whole numbers with no common factor (e.g., express 36 + 8 as 4 (9 + 2)).

Apply and extend previous understandings of numbers to the system of rational numbers.

M.6.8

Understand that positive and negative numbers are used together to describe quantities having opposite directions or values (e.g., temperature above/below zero, elevation above/below sea level, credits/debits, positive/negative electric charge); use positive and negative numbers to represent quantities in real-world contexts, explaining the meaning of 0 in each situation.

M.6.9

Understand a rational number as a point on the number line. Extend number line diagrams and coordinate axes familiar from previous grades to represent points on the line and in the plane with negative number coordinates.

Recognize opposite signs of numbers as indicating locations on opposite sides of 0 on the number line; recognize that the opposite of the opposite of a number is the number itself, e.g., –(–3) = 3, and that 0 is its own opposite.

Understand signs of numbers in ordered pairs as indicating locations in quadrants of the coordinate plane; recognize that when two ordered pairs differ only by signs, the locations of the points are related by reflections across one or both axes.

Find and position integers and other rational numbers on a horizontal or vertical number line diagram; find and position pairs of integers and other rational numbers on a coordinate plane.

M.6.10

Understand ordering and absolute value of rational numbers.

Interpret statements of inequality as statements about the relative position of two numbers on a number line diagram (e.g., interpret –3 > –7 as a statement that –3 is located to the right of –7 on a number line oriented from left to right).

Write, interpret, and explain statements of order for rational numbers in real-world contexts (e.g., write –3o C > –7o C to express the fact that –3o C is warmer than –7o C).

Understand the absolute value of a rational number as its distance from 0 on the number line; interpret absolute value as magnitude for a positive or negative quantity in a real-world situation (e.g., for an account balance of –30 dollars, write |–30| = 30 to describe the size of the debt in dollars).

Distinguish comparisons of absolute value from statements about order (e.g., recognize that an account balance less than –30 dollars represents a debt greater than 30 dollars).

M.6.11

Solve real-world and mathematical problems by graphing points in all four quadrants of the coordinate plane. Include use of coordinates and absolute value to find distances between points with the same first coordinate or the same second coordinate.

Apply and extend previous understandings of arithmetic to algebraic expressions.

M.6.12

Write and evaluate numerical expressions involving whole-number exponents.

M.6.13

Write, read and evaluate expressions in which letters stand for numbers.

Write expressions that record operations with numbers and with letters standing for numbers (e.g., express the calculation, “Subtract y from 5” as 5 – y).

Identify parts of an expression using mathematical terms (sum, term, product, factor, quotient, coefficient); view one or more parts of an expression as a single entity (e.g., describe the expression 2 (8 + 7) as a product of two factors; view (8 + 7) as both a single entity and a sum of two terms).

Evaluate expressions at specific values of their variables. Include expressions that arise from formulas used in real-world problems. Perform arithmetic operations, including those involving whole number exponents, in the conventional order when there are no parentheses to specify a particular order: Order of Operations (e.g., use the formulas V = s3 and A = 6 s2 to find the volume and surface area of a cube with sides of length s = 1/2).

M.6.14

Apply the properties of operations to generate equivalent expressions (e.g., apply the distributive property to the expression 3 (2 + x) to produce the equivalent expression 6 + 3x; apply the distributive property to the expression 24x + 18y to produce the equivalent expression 6 (4x + 3y); apply properties of operations to y + y + y to produce the equivalent expression 3y).

M.6.15

Identify when two expressions are equivalent; i.e., when the two expressions name the same number regardless of which value is substituted into them (e.g., the expressions y + y + y and 3y are equivalent because they name the same number regardless of which number y stands for).

Reason about and solve one-variable equations and inequalities.

M.6.16

Understand solving an equation or inequality as a process of answering a question: which values from a specified set, if any, make the equation or inequality true? Use substitution to determine whether a given number in a specified set makes an equation or inequality true.

M.6.17

Use variables to represent numbers and write expressions when solving a real-world or mathematical problem; understand that a variable can represent an unknown number or depending on the purpose at hand, any number in a specified set.

M.6.18

Solve real-world and mathematical problems by writing and solving Equations of the form x + p = q and px = q for cases in which p, q and x are all nonnegative rational numbers.

Inequalities of the form x + p > q, x + p < q, px > q, and px < q for cases in which p, q, and x are all nonnegative rational numbers.

Instructional Note: Symbols may include <, >, ≤, ≥, ≠, and = and words may include, but are not limited to, more than, exactly, fewer, at least, at most, and exceeds.

M.6.19

Write and identify an inequality of the form x > c, x < c, x ≥ c, or x ≤ c, to represent a constraint or condition in a real-world or mathematical problem. Recognize that inequalities of the form x > c, x < c, x ≥ c, or x ≤ c, have infinitely many solutions; represent solutions of such inequalities on number line diagrams. Instructional Note: Symbols may include <, >, ≤, ≥, ≠, and = and words may include, but are not limited to, more than, exactly, fewer, at least, at most, and exceeds.

Represent and analyze quantitative relationships between dependent and independent variables.

M.6.20

Use variables to represent two quantities in a real-world problem that change in relationship to one another; write an equation to express one quantity, thought of as the dependent variable, in terms of the other quantity, thought of as the independent variable. Analyze the relationship between the dependent and independent variables using graphs and tables, and relate these to the equation (e.g., in a problem involving motion at constant speed, list and graph ordered pairs of distances and times; write the equation d = 65t to represent the relationship between distance and time).

Solve real-world and mathematical problems involving area, surface area, and volume.

M.6.21

Find the area of right triangles, other triangles, special quadrilaterals and polygons by composing into rectangles or decomposing into triangles and other shapes; apply these techniques in the context of solving real-world and mathematical problems.

M.6.22

Find the volume of a right rectangular prism with fractional edge lengths by packing it with unit cubes of the appropriate unit fraction edge lengths and show that the volume is the same as would be found by multiplying the edge lengths of the prism. Apply the formulas V = lwh and V = Bh to find volumes of right rectangular prisms with fractional edge lengths in the context of solving real-world and mathematical problems.

M.6.23

Draw polygons in the coordinate plane given coordinates for the vertices; use coordinates to find the length of a side joining points with the same first coordinate or the same second coordinate. Apply these techniques in the context of solving real-world and mathematical problems.

M.6.24

Represent three-dimensional figures using nets made up of rectangles and triangles and use the nets to find the surface area of these figures. Apply these techniques in the context of solving real-world and mathematical problems.

Develop understanding of statistical variability.

M.6.25

Recognize a statistical question as one that anticipates variability in the data related to the question and accounts for it in the answers (e.g., “How old am I?” is not a statistical question, but “How old are the students in my school?” is a statistical question because one anticipates variability in students’ ages).

M.6.26

Through informal observation, understand that a set of data collected to answer a statistical question has a distribution which can be described by its center (mean/median), spread (range), and overall shape.

M.6.27

Recognize that a measure of center for a numerical data set summarizes all of its values with a single number.

Summarize and describe distributions.

M.6.28

Display numerical data in plots on a number line, including dot plots, histograms, and box plots.

M.6.29

Summarize numerical data sets in relation to their context, such as by:

Reporting the number of observations.

Describing the nature of the attribute under investigation, including how it was measured and its units of measurement.

Giving quantitative measures of center (median and/or mean), as well as describing any overall pattern and any striking deviations from the overall pattern with reference to the context in which the data were gathered.

Relating the choice of measures of center to the shape of the data distribution and the context in which the data were gathered.

Mathematics – Grade 7 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the seventh grade will focus on four critical areas: (1) developing understanding of and applying proportional relationships; (2) developing understanding of operations with rational numbers and working with expressions and linear equations; (3) solving problems involving scale drawings and informal geometric constructions and working with two- and three-dimensional shapes to solve problems involving area, surface area and volume; and (4) drawing inferences about populations based on samples. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students in seventh grade will continue developing mathematical proficiency in a developmentally-appropriate progressions of standards. Continuing the skill progressions from sixth grade, the following chart represents the mathematical understandings that will be developed in seventh grade:

Ratios and Proportional Reasoning Analyze proportional relationships (e.g., by graphing in the coordinate plane), and distinguish proportional relationships from other kinds of mathematical relationships (e.g., buying 10 times as many items will cost you 10 times as much, but taking 10 times as many aspirin will not lower your fever 10 times as much).

Solve percent problems (e.g., tax, tips, and markups and markdowns).

Solve word problems that have a combination of whole numbers, fractions, and decimals (e.g., a woman making $25 per hour receives a 10% raise; she will make an additional 1⁄10 of his or her salary an hour, or $2.50, for a new salary of $27.50).

Solve equations such as 1⁄2 (x – 3) = 3⁄4 quickly and accurately and write equations of this kind to solve word problems.

Solve problems involving scale drawings, circle measurements, triangle attributes, and angle relationships.

Use statistics and probability to draw inferences and make comparisons (e.g., deciding which candidate is likely to win an election based on a survey).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Ratios and Proportional Relationships Analyze proportional relationships and use them to solve real-world and mathematical problems.

Apply and extend previous understandings of operations with fractions to add, subtract, multiply, and divide rational numbers.

Standards 4-6 Use properties of operations to generate equivalent expressions.

Standards 7-8 Solve real-life and mathematical problems using numerical and algebraic expressions and equations.

Standards 9-10 Draw, construct and describe geometrical figures and describe the relationships between them.

Standards 11-13 Solve real-life and mathematical problems involving angle measure, area, surface area, and volume.

Standards 14-16 Use random sampling to draw inferences about a population.

Standards 17-18 Draw informal comparative inferences about two populations.

Standards 19-22 Investigate chance processes and develop, use, and evaluate probability models.

Standards 23-26 Ratios and Proportional Relationships Analyze proportional relationships and use them to solve real-world and mathematical problems.

M.7.1

Compute unit rates associated with ratios of fractions, including ratios of lengths, areas and other quantities measured in like or different units (e.g., if a person walks 1/2 mile in each 1/4 hour, compute the unit rate as the complex fraction 1/2/1/4 miles per hour, equivalently 2 miles per hour).

M.7.2

Recognize and represent proportional relationships between quantities.

Decide whether two quantities are in a proportional relationship (e.g., by testing for equivalent ratios in a table or graphing on a coordinate plane and observing whether the graph is a straight line through the origin).

Identify the constant of proportionality (unit rate) in tables, graphs, equations, diagrams and verbal descriptions of proportional relationships.

Represent proportional relationships by equations (e.g., if total cost t is proportional to the number n of items purchased at a constant price p, the relationship between the total cost and the number of items can be expressed as t = pn).

Explain what a point (x,y) on the graph of a proportional relationship means in terms of the situation. Focus special attention on the points (0,0) and (1,r) where r is the unit rate.

M.7.3

Use proportional relationships to solve multistep ratio and percent problems (e.g., simple interest, tax, markups and markdowns, gratuities and commissions, fees, percent increase and decrease, and/or percent error).

Apply and extend previous understandings of operations with fractions to add, subtract, multiply, and divide rational numbers.

M.7.4

Apply and extend previous understandings of addition and subtraction to add and subtract rational numbers; represent addition and subtraction on a horizontal or vertical number line diagram.

Describe situations in which opposite quantities combine to make 0 (e.g., a hydrogen atom has 0 charge because its two constituents are oppositely charged).

Understand p + q as the number located a distance |q| from p, in the positive or negative direction, depending on whether q is positive or negative. (e.g., to add “p + q” on the number line, start at “0” and move to “p” then move |q| in the positive or negative direction depending on whether “q” is positive or negative). Show that a number and its opposite have a sum of 0 (are additive inverses). Interpret sums of rational numbers by describing real-world contexts.

Understand subtraction of rational numbers as adding the additive inverse, p – q = p + (–q). Show that the distance between two rational numbers on the number line is the absolute value of their difference and apply this principle in real-world contexts.

Apply properties of operations as strategies to add and subtract rational numbers.

M.7.5

Apply and extend previous understandings of multiplication and division and of fractions to multiply and divide rational numbers.

Understand that multiplication is extended from fractions to rational numbers by requiring that operations continue to satisfy the properties of operations, particularly the distributive property, leading to products such as (–1)(–1) = 1 and the rules for multiplying signed numbers. Interpret products of rational numbers by describing real-world contexts.

Understand that integers can be divided, provided that the divisor is not zero, and every quotient of integers (with non-zero divisor) is a rational number. If p and q are integers, then –(p/q) = (–p)/q = p/(–q). Interpret quotients of rational numbers by describing real-world contexts.

Apply properties of operations as strategies to multiply and divide rational numbers.

Convert a rational number to a decimal using long division; know that the decimal form of a rational number terminates in 0s or eventually repeats.

M.7.6

Solve real-world and mathematical problems involving the four operations with rational numbers. Instructional Note: Computations with rational numbers extend the rules for manipulating fractions to complex fractions.

Use properties of operations to generate equivalent expressions.

M.7.7

Apply properties of operations as strategies to add, subtract, factor and expand linear expressions with rational coefficients.

M.7.8

Understand that rewriting an expression in different forms in a problem context can shed light on the problem and how the quantities in it are related (e.g., a + 0.05a = 1.05a means that “increase by 5%” is the same as “multiply by 1.05.”).

Solve real-life and mathematical problems using numerical and algebraic expressions and equations.

M.7.9

Solve multi-step real-life and mathematical problems posed with positive and negative rational numbers in any form (whole numbers, fractions, and decimals), using tools strategically. Apply properties of operations to calculate with numbers in any form; convert between forms as appropriate; and assess the reasonableness of answers using mental computation and estimation strategies (e.g., if a woman making $25 an hour gets a 10% raise, she will make an additional 1/10 of her salary an hour, or $2.50, for a new salary of $27.50; if you want to place a towel bar 9 3/4 inches long in the center of a door that is 27 1/2 inches wide, you will need to place the bar about 9 inches from each edge; this estimate can be used as a check on the exact computation).

M.7.10

Use variables to represent quantities in a real-world or mathematical problem and construct simple equations and inequalities to solve problems by reasoning about the quantities.

Solve word problems leading to equations of the form px + q = r and p(x + q) = r, where p, q, and r are specific rational numbers. Solve equations of these forms fluently. Compare an algebraic solution to an arithmetic solution, identifying the sequence of the operations used in each approach (e.g., the perimeter of a rectangle is 54 cm; its length is 6 cm; what is its width?; an arithmetic solution similar to “54 – 6 – 6 divided by 2” may be compared with the reasoning involved in solving the equation 2w + 12 = 54; an arithmetic solution similar to “54/2 – 6” may be compared with the reasoning involved in solving the equation 2(w + 6) = 54).

Solve word problems leading to inequalities of the form px + q > r or px + q < r, where p, q, and r are specific rational numbers. Graph the solution set of the inequality and interpret it in the context of the problem (e.g., as a salesperson, you are paid $50 per week plus $3 per sale; this week you want your pay to be at least $100; write an inequality for the number of sales you need to make and describe the solutions).

Draw, construct and describe geometrical figures and describe the relationships between them.

M.7.11

Solve problems involving scale drawings of geometric figures, including computing actual lengths and areas from a scale drawing and reproducing a scale drawing at a different scale.

M.7.12

Draw (freehand, with ruler and protractor, and with technology) geometric shapes with given conditions. Focus on constructing triangles from three measures of angles or sides, noticing when the conditions determine the following: a unique triangle (e.g., three side measures satisfy the triangle inequality theorem), more than one triangle (e.g., given three angles whose sum is 180 degrees), or no triangle (e.g., angle sum is not 180 degrees or sum of the measures of two sides does not exceed the measure of the third side).

M.7.13

Describe the two-dimensional figures (face shapes) that result from slicing three-dimensional figures with cuts made parallel to, perpendicular to, or neither parallel nor perpendicular to the bases of right rectangular prisms and right rectangular pyramids.

Solve real-life and mathematical problems involving angle measure, area, surface area, and volume.

M.7.14

Know the formulas for the area and circumference of a circle and use them to solve problems; give an informal derivation of the relationship between the circumference and area of a circle. Instructional Note: Include problems where students must determine area given circumference but not vice versa.

M.7.15

Use facts about supplementary, complementary, vertical, and adjacent angles in a multi-step problem to write and solve simple equations for an unknown angle in a figure.

M.7.16

Solve real-world and mathematical problems involving area, volume and surface area of two- and three-dimensional objects composed of triangles, quadrilaterals, polygons, cubes, and right prisms.

Use random sampling to draw inferences about a population.

M.7.17

Understand that statistics can be used to gain information about a population by examining a sample of the population; generalizations about a population from a sample are valid only if the sample is representative of that population. Understand that random sampling tends to produce representative samples and support valid inferences.

M.7.18

Use data from a random sample to draw inferences about a population with an unknown characteristic of interest. Generate multiple samples (or simulated samples) of the same size to gauge the variation in estimates or predictions (e.g., estimate the mean word length in a book by randomly sampling words from the book; predict the winner of a school election based on randomly sampled survey data; gauge how far off the estimate or prediction might be).

Draw informal comparative inferences about two populations.

M.7.19

Given two data displays, distinguish measures of center and measures of variation.

M.7.20

Compare two numerical data sets in relation to their context, such as by:

Reporting the number of observations.

Describing the nature of the attribute under investigation, including how it was measured and its units of measurement.

Giving quantitative measures of center (median and/or mean) and describing any overall pattern(s).

Giving quantitative measures of variability (interquartile range (IQR), range, and/or mean absolute deviation (MAD)) and describing any striking deviations from the overall pattern(s).

Relating the choice of measures of center and variability to the shape of the data distribution and the context in which the data were gathered.

M.7.21

Informally assess the degree of visual overlap of two numerical data distributions with similar variabilities, measuring the difference between the centers by expressing it as a multiple of a measure of variability (e.g., the mean height of players on the basketball team is 10 cm greater than the mean height of players on the soccer team, about twice the variability (mean absolute deviation) on either team; on a dot plot, the separation between the two distributions of heights is noticeable).

M.7.22

Use measures of center and measures of variability for numerical data from random samples to draw informal comparative inferences about two populations (e.g., decide whether the words in a chapter of a seventh-grade science book are generally longer than the words in a chapter of a fourth-grade science book).

Investigate chance processes and develop, use, and evaluate probability models.

M.7.23

Understand that the probability of a chance event is a number between 0 and 1 that expresses the likelihood of the event occurring. Larger numbers indicate greater likelihood. A probability near 0 indicates an unlikely event, a probability around 1/2 indicates an event that is neither unlikely nor likely and a probability near 1 indicates a likely event.

M.7.24

Approximate the probability of a chance event by collecting data on the chance process that produces it and observing its long-run relative frequency and predict the approximate relative frequency given the probability (e.g., when rolling a number cube 600 times, predict that a 3 or 6 would be rolled roughly 200 times, but probably not exactly 200 times). Instructional Note: Provide adequate models for students to understand relative frequency is the experimental probability which when given enough trials will match the theoretical probability.

M.7.25

Develop a probability model and use it to find probabilities of events. Compare probabilities from a model to observed frequencies; if the agreement is not good, explain possible sources of the discrepancy.

Develop a uniform probability model by assigning equal probability to all outcomes and use the model to determine probabilities of events (e.g., if a student is selected at random from a class, find the probability that Jane will be selected and the probability that a girl will be selected).

Develop a probability model (which may not be uniform) by observing frequencies in data generated from a chance process (e.g., find the approximate probability that a spinning penny will land heads up or that a tossed paper cup will land open-end down; do the outcomes for the spinning penny appear to be equally likely based on the observed frequencies?).

M.7.26

Find probabilities of compound events using organized lists, tables, tree diagrams, and simulation.

Understand that, just as with simple events, the probability of a compound event is the fraction of outcomes in the sample space for which the compound event occurs.

Represent sample spaces for compound events using methods such as organized lists, tables and tree diagrams. For an event described in everyday language (e.g., “rolling double sixes”), identify the outcomes in the sample space which compose the event.

Design and use a simulation to generate frequencies for compound events (e.g., use random digits as a simulation tool to approximate the answer to the question: if 40% of donors have type A blood, what is the probability that it will take at least 4 donors to find one with type A blood?).

Mathematics – Grade 8 West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in the eighth grade will focus on three critical areas: (1) formulating and reasoning about expressions and equations, including modeling an association in bivariate data with a linear equation, and solving linear equations and inequalities; (2) grasping the concept of a function and using functions to describe quantitative relationships; (3) analyzing two- and three-dimensional space and figures using distance, angle, similarity and congruence and understanding and applying the Pythagorean Theorem. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students in eighth grade will continue developing mathematical proficiency in a developmentally-appropriate progressions of standards. Continuing the skill progressions from seventh grade, the following chart represents the mathematical understandings that will be developed in eighth grade:

Understand that every number has a decimal expansion and use these to compare the size of irrational numbers.

Work with positive and negative exponents, square root and cube root symbols, and scientific notation (e.g., Evaluate 36 + 64; estimate world population as 7 x 109).

Solve linear equations (e.g., –x + 5(x + 1⁄3) = 2x – 8); solve pairs of linear equations (e.g., x + 6y = –1 and 2x – 2y = 12); and write equations to solve related word problems.

Understand slope and relating linear equations in two variables to lines in the coordinate plane.

Understand functions as rules that assign a unique output number to each input number; use linear functions to model relationships.

Understand congruence and similarity using physical models, transparencies, or geometry software (e.g., given two congruent figures, show how to obtain one from the other by a sequence of rotations, translations, and/or reflections).

Analyze statistical relationships by using a best-fit line (a straight line that models an association between two quantities).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Know that there are numbers that are not rational and approximate them by rational numbers.

Work with radicals and integer exponents.

Standards 3-6 Understand the connections between proportional relationships, lines, and linear equations.

Standards 7-8 Analyze and solve linear equations, pairs of simultaneous linear equations, and linear inequalities in one variable.

Standards 9-13 Define, evaluate, and compare functions.

Standards 14-16 Use functions to model relationships between quantities.

Standards 17-18 Understand congruence and similarity using physical models, transparencies, or geometry software.

Standards 19-23 Understand and apply the Pythagorean Theorem.

Standards 24-26 Solve real-world and mathematical problems involving volume of cylinders, cones, and spheres.

Standard 27 Investigate patterns of association in bivariate data.

Standards 28-31 Know that there are numbers that are not rational and approximate them by rational numbers.

M.8.1

Know that numbers that are not rational are called irrational. Understand informally that every number has a decimal expansion; for rational numbers show that the decimal expansion repeats eventually and convert a decimal expansion which repeats eventually into a rational number. Instructional Note: A decimal expansion that repeats the digit 0 is often referred to as a “terminating decimal.”

M.8.2

Apply approximations and properties of rational and irrational numbers to:

Compare the size of irrational numbers, locate them approximately on a number line diagram, and estimate the value of expressions such as π2 (e.g., by truncating the decimal expansion of √2, show that √2 is between 1 and 2, then between 1.4 and 1.5, and explain how to continue on to get better approximations).

Explain why the sum or product of two rational numbers is rational; that the sum of a rational number and an irrational number is irrational; and that the product of a nonzero rational number and an irrational number is irrational.

Work with radicals and integer exponents.

M.8.3

Know and apply the properties of integer exponents to generate equivalent numerical expressions (e.g., 32 × 3–5 = 3–3 = 1/33 = 1/27).

M.8.4

Use square root and cube root symbols to represent solutions to equations of the form x2 = p and x3 = p, where p is a positive rational number. Evaluate square roots of small perfect squares and cube roots of small perfect cubes. Know that √2 is irrational.

M.8.5

Use numbers expressed in the form of a single digit times an integer power of 10 to estimate very large or very small quantities, and to express how many times as much one is than the other (e.g., estimate the population of the United States as 3 × 108 and the population of the world as 7 × 109; determine that the world population is more than 20 times larger).

M.8.6

Perform operations with numbers expressed in scientific notation, including problems where both decimal and scientific notation are used. Use scientific notation and choose units of appropriate size for measurements of very large or very small quantities (e.g., use millimeters per year for seafloor spreading). Interpret scientific notation that has been generated by technology.

Understand the connections between proportional relationships, lines, and linear equations.

M.8.7

Graph proportional relationships, interpreting the unit rate as the slope of the graph. Compare two different proportional relationships represented in different ways (e.g., compare a distance-time graph to a distance-time equation to determine which of two moving objects has greater speed).

M.8.8

Use similar triangles to explain why the slope m is the same between any two distinct points on a non-vertical line in the coordinate plane; derive the equation y = mx for a line through the origin and the equation y = mx + b for a line intercepting the vertical axis at b.

Analyze and solve linear equations, pairs of simultaneous linear equations, and linear inequalities in one variable.

M.8.9

Analyze and solve real-world and mathematical problems utilizing linear equations in one variable.

Give examples of linear equations in one variable with one solution, infinitely many solutions or no solutions. Show which of these possibilities is the case by successively transforming the given equation into simpler forms, until an equivalent equation of the form x = a, a = a, or a = b results (where a and b are different numbers).

Solve linear equations with rational number coefficients, including equations whose solutions require expanding expressions using the distributive property and combining like terms.

M.8.10

Analyze and solve pairs of simultaneous linear equations by graphing, limiting to integer solutions. Understand that solutions to a system of two linear equations in two variables correspond to points of intersection of their graphs, because points of intersection satisfy both equations simultaneously.

M.8.11

Explain each step in solving a linear equation as following from the equality of numbers asserted at the previous step, starting from the assumption that the original equation has a solution. Construct a viable argument to justify a solution method.

M.8.12

Analyze and solve real-world mathematical problems utilizing linear inequalities in one variable. Solve linear inequalities with rational number coefficients, including inequalities whose solutions require expanding expressions using the distributive property and combining like terms.

M.8.13

Rearrange formulas to isolate a given variable, using the same reasoning as in solving equations (e.g., rearrange Ohm’s law V = IR to isolate resistance R). Instructional note: Limit to formulas with a linear focus.

Define, evaluate, and compare functions.

M.8.14

Understand that a function is a rule that assigns to each input exactly one output. The graph of a function is the set of ordered pairs consisting of an input and the corresponding output. Instructional Note: Function notation is not required in grade 8.

M.8.15

Compare properties of two functions each represented in a different way, such as algebraically, graphically, numerically in tables, or by verbal descriptions (e.g., given a linear function represented by a table of values and a linear function represented by an algebraic expression, determine which function has the greater rate of change).

M.8.16

Interpret the equation y = mx + b as defining a linear function, whose graph is a straight line; give examples of functions that are not linear (e.g., the function A = s2 giving the area of a square as a function of its side length is not linear because its graph contains the points (1,1), (2,4) and (3,9), which are not on a straight line).

Use functions to model relationships between quantities.

M.8.17

Construct a function to model a linear relationship between two quantities. Determine the rate of change and initial value of the function from a description of a relationship or from two (x, y) values, including reading these from a table or from a graph. Interpret the rate of change and initial value of a linear function in terms of the situation it models, and in terms of its graph or a table of values.

M.8.18

Describe qualitatively the functional relationship between two quantities by analyzing a graph (e.g., where the function is increasing or decreasing, linear or nonlinear). Sketch a graph that exhibits the qualitative features of a function that has been described verbally.

Understand congruence and similarity using physical models, transparencies, or geometry software.

M.8.19

Verify experimentally the properties of rotations, reflections and translations:

Lines are taken to lines, and line segments to line segments of the same length.

Angles are taken to angles of the same measure.

Parallel lines are taken to parallel lines.

M.8.20

Understand that a two-dimensional figure is congruent to another if the second can be obtained from the first by a sequence of rotations, reflections and translations; given two congruent figures, describe a sequence that exhibits the congruence between them.

M.8.21

Describe the effect of dilations, translations, rotations and reflections on two-dimensional figures using coordinates.

M.8.22

Understand that a two-dimensional figure is similar to another if the second can be obtained from the first by a sequence of rotations, reflections, translations and dilations; given two similar two-dimensional figures, describe a sequence that exhibits the similarity between them.

M.8.23

Use informal arguments to establish facts about the angle sum and exterior angle of triangles, about the angles created when parallel lines are cut by a transversal, and the angle-angle criterion for similarity of triangles (e.g., arrange three copies of the same triangle so that the sum of the three angles appears to form a line; give an argument in terms of transversals why this is so).

Understand and apply the Pythagorean Theorem.

M.8.24

Explain a proof of the Pythagorean Theorem and its converse.

M.8.25

Apply the Pythagorean Theorem to determine unknown side lengths in right triangles in real-world and mathematical problems in two and three dimensions.

M.8.26

Apply the Pythagorean Theorem to find the distance between two points in a coordinate system.

Solve real-world and mathematical problems involving volume of cylinders, cones, and spheres.

M.8.27

Know the formulas for the volumes of cones, cylinders and spheres and use them to solve real-world and mathematical problems.

Investigate patterns of association in bivariate data.

M.8.28

Construct and interpret scatter plots for bivariate measurement data to investigate patterns of association between two quantities. Describe patterns such as clustering, outliers, positive or negative association, linear association and nonlinear association.

M.8.29

Know that straight lines are widely used to model relationships between two quantitative variables. For scatter plots that suggest a linear association, informally fit a straight line and informally assess the model fit by judging the closeness of the data points to the line.

M.8.30

Use the equation of a linear model to solve problems in the context of bivariate measurement data, interpreting the slope and intercept (e.g., in a linear model for a biology experiment, interpret a slope of 1.5 cm/hr as meaning that an additional hour of sunlight each day is associated with an additional 1.5 cm in mature plant height).

M.8.31

Understand that patterns of association can also be seen in bivariate categorical data by displaying frequencies and relative frequencies in a two-way table. Construct and interpret a two-way table summarizing data on two categorical variables collected from the same subjects. Use relative frequencies calculated for rows or columns to describe possible association between the two variables (e.g., collect data from students in your class on whether or not they have a curfew on school nights and whether or not they have assigned chores at home; is there evidence that those who have a curfew also tend to have chores?).

High School Mathematics At the high school level, the standards are organized by conceptual category (the number system, algebra, functions, geometry, modeling, and probability and statistics), showing the body of knowledge students should learn in each category to be college- and career-ready and to be prepared to study more advanced mathematics. There are two distinct course sequence pathways of the high school standards for the mathematics progression in grades 9-10.

The Integrated Pathway is a course sequence of Mathematics I and Mathematics II each of which includes a blend of Algebra I and Geometry with data, probability, and statistics.

The Traditional Pathway is a course sequence of Algebra I and Geometry with data, probability, and statistics included in each course.

Each pathway organizes the identical standards into courses that provide a strong foundation for post-secondary success. The content is simply grouped differently among the two years. See Appendix A: High School Mathematics I and Mathematics II Standards to see the organization of the Algebra I and Geometry standards in Mathematics I and Mathematics II. Local Education Agencies (LEA) must choose to implement either the Integrated or Traditional Pathway.

Regardless of the pathway chosen for grades 9-10, the third and fourth course options for all students are the same.

For LEAs interested in High School Algebra I for 8th Grade or High School Mathematics I for 8th Grade, see Appendix B.

TRADITIONAL PATHWAY

Mathematics – High School Algebra I West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in this course will focus on four critical domains that deepen and extend understanding of linear and exponential relationships by contrasting them with each other and by applying linear models to data that exhibit a linear trend, and students engage in methods for analyzing, solving, and using quadratic functions. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progressions of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Interpret algebraic expressions and transforming them purposefully to solve problems (e.g., in solving a problem about a loan with interest rate r and principal P, seeing the expression P(1+r)n as a product of P with a factor not depending on P).

Understand contextual relationships of variables and constants (e.g., Annie is picking apples with her sister; the number of apples in her basket is described by n = 22t + 12, where t is the number of minutes Annie spends picking apples; what do the numbers 22 and 12 tell you about Annie’s apple picking?).

Use a rectangular coordinate system and build on understanding of the Pythagorean Theorem to find distances (e.g., find the area and perimeter of a real-world shape using a coordinate grid and Google Earth).

Use linear regression techniques to describe the relationship between quantities and assess the fit of the model (e.g., use the high school and university grades for 250 students to create a model that can be used to predict a student’s university GPA based on his high school GPA).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within High School Algebra I:

Interpret the structure of expressions and equations in terms of the context they model.

Extend the properties of exponents to rational exponents.

Standards 3-4 Standard 5 Standard 6 Standards 7-9 Solve equations and inequalities in one variable.

Standards 10-11 Standards 12-15 Standards 16-18 Standards 19-21 Standard 22 Standards 23-25 Standards 26-27 Standard 28 Construct and compare linear, quadratic, and exponential models and solve problems.

Standard 29 Standards 30-31 Summarize, represent, and interpret data on a single count or measurement variable.

Standards 32-34 Summarize, represent, and interpret data on two categorical and quantitative variables.

Standard 35 Standards 36-37 Interpret the structure of expressions and equations in terms of the context they model.

M.A1HS.1

Interpret linear, exponential, and quadratic expressions that represent a quantity in terms of its context.

Interpret parts of an expression, such as terms, factors, and coefficients.

Interpret complicated expressions by viewing one or more of their parts as a single entity.

Interpret the parameters in a linear function or exponential function of the form f(x) = a*bx in terms of a context.

M.A1HS.2

Use the structure of quadratic and exponential expressions to identify ways to rewrite them.

Extend the properties of exponents to rational exponents.

M.A1HS.3

Explain the connections between expressions with rational exponents and expressions with radicals using properties of exponents. Extend from application of properties of exponents for expressions with integer exponents.

M.A1HS.4

Rewrite expressions involving radicals, including simplifying, and rational exponents using the properties of exponents.

M.A1HS.5

Choose and produce an equivalent form of linear, exponential, and quadratic expressions to reveal and explain properties of the quantity represented by the expression through connections to a graphical representation of the function.

Factor a quadratic expression to reveal the zeros of the function it defines.

Complete the square in a quadratic expression, when a=1 only, to reveal the maximum or minimum value of the function it defines.

Use the properties of exponents to transform expressions in exponential functions. For example, the expression 1.15t can be rewritten as (1.151/12)12t ≈ 1.01212t to reveal the approximate equivalent monthly interest rate if the annual rate is 15%.

Instructional Note: It is important to balance conceptual understanding and procedural fluency in work with equivalent expressions. For example, development of skill in factoring and completing the square goes hand‐in‐hand with understanding what different forms of a quadratic expression reveal.

M.A1HS.6

Recognize that polynomials form a system analogous to the integers, namely, they are closed under the operations of addition, subtraction, and multiplication; add, subtract, and multiply polynomials. Focus on linear or quadratic terms.

M.A1HS.7

Create equations and inequalities in one variable, representing linear and exponential relationships, and use them to solve problems. In the case of exponential equations, limit to situations with integer inputs.

M.A1HS.8

Create equations in two or more variables, representing linear and exponential relationships between quantities. In the case of exponential equations, limit to situations with integer inputs.

M.A1HS.9

Represent constraints by linear equations or inequalities, and by systems of equations and/or inequalities, and interpret solutions as viable or non-viable options in a modeling context.

Solve equations and inequalities in one variable.

M.A1HS.10

Solve linear equations including equations with coefficients represented by letters, simple exponential equations that rely on application of the laws of exponents, and compound linear inequalities in one variable.

M.A1HS.11

Solve quadratic equations in one variable by inspection (e.g., for x2 = 49), taking square roots, factoring, completing the square when a=1 only, and the quadratic formula, as appropriate for the initial form of the equation.

Recognize the concept of complex solutions when the quadratic formula gives complex solutions.

Use the method of completing the square to transform any quadratic equation in x into an equation of the form (x – p)2 = q. Derive the quadratic formula from this method of completing the square.

M.A1HS.12

Analyze and solve pairs of simultaneous linear equations.

Understand that solutions to a system of two linear equations in two variables correspond to points of intersection of their graphs, because points of intersection satisfy both equations simultaneously.

Solve simple cases by inspection (e.g., 3x + 2y = 5 and 3x + 2y = 6 have no solution because 3x + 2y cannot simultaneously be 5 and 6).

Solve real-word and mathematical problems leading to two linear equations in two variables (e.g., given coordinates for two pairs of points, determine whether the line through the first pair of points intersects the line through the second pair).

M.A1HS.13

Understand and demonstrate ways to manipulate a system of two equations in two variables while preserving its solution set.

M.A1HS.14

Solve systems of linear equations exactly and approximately (e.g., with graphs), focusing on pairs of linear equations in two variables. Include examples of solution sets with no solutions, an infinite number of solutions, and one solution.

M.A1HS.15

Solve a simple system consisting of a linear equation and a quadratic equation in two variables graphically.

M.A1HS.16

Recognize that the graph of a linear or exponential equation in two variables is the set of all its solutions plotted in the coordinate plane.

M.A1HS.17

Explain why the x‐coordinates of the points where the graphs of the linear and/or exponential equations y = f(x) and y = g(x) intersect are the solutions of the equation f(x) = g(x); find the solutions approximately (e.g., using technology to graph the functions, make tables of values or find successive approximations).

M.A1HS.18

Graph the solutions of a linear inequality in two variables as a half‐plane and graph the solution set to a system of linear inequalities in two variables as the intersection of the corresponding half‐planes.

M.A1HS.19

Use multiple representations of linear and exponential functions to recognize that a function from one set (called the domain) to another set (called the range) assigns to each element of the domain exactly one element of the range. Develop function notation utilizing the definition of a function to represent situations both algebraically and graphically.

M.A1HS.20

Use function notation, evaluate functions for inputs in their domains and interpret statements that use function notation in terms of a context.

M.A1HS.21

Recognize arithmetic and geometric sequences are functions, sometimes defined recursively, whose domain is a subset of the integers (e.g., the Fibonacci sequence is defined recursively by f(0) = f(1) = 1, f(n+1) = f(n)+ f(n-1) for n ≥ 1).

M.A1HS.22

For a function that models a relationship between two quantities, interpret key features of graphs and tables in terms of quantities, and sketch graphs showing key features given a verbal description of the relationship. Relate the domain of a function to its linear, exponential, and quadratic graphs and, where applicable, to the quantitative relationship it describes.

Key features of linear and exponential graphs include: intercepts; and intervals where the function is increasing, decreasing, positive, or negative.

Key features of quadratic graphs include: intercepts; intervals where the function is increasing, decreasing, positive, or negative; relative maximum or minimum; symmetry; and end behavior.

M.A1HS.23

Graph linear, exponential, and quadratic functions expressed symbolically and show key features of the graph.

For linear functions, focus on intercepts.

For exponential functions, focus on intercepts and end behavior.

For quadratic functions, focus on intercepts, maxima, minima, end behavior, and the relationship between coefficients and roots to represent in factored form.

Instructional Note: Provide opportunities for students to graph and show key features by hand and using technology.

M.A1HS.24

Compare properties of two linear, exponential, or quadratic functions each represented in a different way, such as algebraically, graphically, numerically in tables, or from verbal descriptions.

M.A1HS.25

Write a function defined by a linear, exponential, or quadratic expression in different but equivalent forms to reveal and explain different properties of the function.

Use the process of factoring and completing the square for a=1 only in a quadratic function to show zeros, extreme values, symmetry of the graph, the relationship between coefficients and roots represented in factored form and interpret these in terms of a context.

Use the properties of exponents to interpret expressions in exponential functions.

M.A1HS.26

Write linear, exponential, and quadratic functions that describe a relationship between two quantities.

Determine an explicit expression, a recursive process, or steps for calculation from a context.

Combine standard function types using arithmetic operations.

M.A1HS.27

Construct linear and exponential functions, including arithmetic and geometric sequences to model situations, given a graph, a description of a relationship or given input-output pairs (include reading these from a table).

M.A1HS.28

Identify the effect on the graphs of linear and exponential functions, f(x), with f(x) + k, and the graphs of quadratic functions, g(x), with g(x) + k, k g(x), g(kx), and g(x + k) for specific values of k (both positive and negative); find the value of k given the graphs. Experiment with cases and illustrate an explanation of the effects on the graph using technology.

Construct and compare linear, quadratic, and exponential models and solve problems.

M.A1HS.29

Distinguish between situations that can be modeled with linear functions, with exponential functions, and with quadratic functions.

Prove that linear functions grow by equal differences over equal intervals; exponential functions grow by equal factors over equal intervals.

Recognize situations in which one quantity changes at a constant rate per unit interval relative to another.

Recognize situations in which a quantity grows or decays by a constant percent rate per unit interval relative to another.

Observe using graphs and tables that a quantity increasing exponentially eventually exceeds a quantity increasing linearly or quadratically. Extend the comparison of linear and exponential growth to quadratic growth.

M.A1HS.30

Prove the slope criteria for parallel and perpendicular lines and use the slope criteria to solve geometric problems (e.g., find the equation of a line parallel or perpendicular to a given line that passes through a given point).

M.A1HS.31

Use coordinates to compute perimeters of polygons and areas of triangles and rectangles. Instructional Note: Using the distance formula provides practice with the distance formula and its connection with the Pythagorean theorem.

Summarize, represent, and interpret data on a single count or measurement variable.

M.A1HS.32

Select applicable representations to display data on the real number line (e.g., dot plots, histograms, and box plots).

M.A1HS.33

Use statistics appropriate to the shape of the data distribution to compare center (median, mean) and spread (interquartile range, standard deviation only as a tool to describe spread and not to explicitly find standard deviation) of two or more different data sets.

M.A1HS.34

Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers).

Summarize, represent, and interpret data on two categorical and quantitative variables.

M.A1HS.35

Represent data on two quantitative variables on a scatter plot and describe how the variables are related.

Fit a function to the data; use functions fitted to data to solve problems in the context of the data. Use given functions or choose a function suggested by the context. Emphasize linear and exponential models.

Informally assess the fit of a function by plotting and analyzing residuals. Focus should be on situations for which linear models are appropriate.

Fit a linear function for scatter plots that suggest a linear association.

M.A1HS.36

Interpret the rate of change and the constant term of a linear model in the context of the data. Use technology to compute and interpret the correlation coefficient of a linear fit.

M.A1HS.37

Mathematics - High School Geometry West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in this course will explore more complex geometric situations and deepen their explanations of geometric relationships, moving towards formal mathematical arguments. Important differences exist between this Geometry course and the historical approach taken in Geometry classes. For example, transformations are emphasized early in this course. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progressions of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Basics of Geometry Transformations and Congruence Prove theorems about triangles and other figures (e.g., that the sum of the measures of the angles in a triangle is 180o).

Use coordinates and equations to describe geometric properties algebraically (e.g., write the equation for a circle in the plane with specified center and radius).

Given a transformation, work backwards to discover the sequence that led to the transformation.

Given two quadrilaterals that are reflections of each other, find the line of that reflection.

Similarity and Trigonometry Circles Apply knowledge of trigonometric ratios and the Pythagorean Theorem to determine distances in realistic situations (e.g., determine heights of inaccessible objects using various instruments, such as clinometers, hypsometers, transits, etc.).

Apply theorems about circles to describe the relationships of components of a circle or formed by a circle and to find arc lengths and areas of sectors of circles.

Extending to Three Dimensions and Modeling Give an informal argument for the formulas for the circumference of a circle, area of a circle, volume of a cylinder, pyramid, and cone.

Work with probability and using ideas from probability in everyday situations (e.g., compare the chance that a person who smokes will develop lung cancer to the chance that a person who develops lung cancer smokes).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within High School Geometry:

Basics of Geometry Experiment with transformations in the plane.

Standard 1 Identify and utilize inductive and deductive reasoning.

Standard 2 Prove geometric theorems.

Make geometric constructions.

Standard 5 Transformations and Congruence Experiment with transformations in the plane.

Standards 6-9 Understand congruence in terms of rigid motions.

Standards 10-13 Prove geometric theorems.

Standards 14-15 Standard 16 Similarity and Trigonometry Understand similarity in terms of similarity transformations.

Standards 17-19 Prove theorems involving similarity.

Standards 20-21 Define trigonometric ratios and solve problems involving right triangles.

Standards 22-24 Apply trigonometry to general triangles.

Standards 25-27 Circles Understand and apply theorems about circles.

Standards 28-29 Find arc lengths and areas of sectors of circles.

Standard 30 Make geometric constructions.

Standards 31-33 Extending to Three Dimensions and Modeling Standards 34-35 Visualize the relation between two-dimensional and three-dimensional objects and apply geometric concepts in modeling situations.

Standards 36-37 Understand independence and conditional probability and use them to interpret data.

Standards 38-42 Use the rules of probability to compute probabilities of compound events in a uniform probability model.

Standards 43-46 Standards 47-48 Basics of Geometry Experiment with transformations in the plane.

M.GHS.1

Know precise definitions of angle, circle, perpendicular line, parallel line, and line segment, based on the undefined notions of point, line, distance along a line, and distance around a circular arc.

Identify and utilize inductive and deductive reasoning.

M.GHS.2

Construct and justify the validity of a logical argument.

Identify the converse, inverse, and contrapositive of a conditional statement.

Translate a short, verbal argument into symbolic form.

Use Venn diagrams to represent set relationships.

Use inductive and deductive reasoning.

Prove geometric theorems.

M.GHS.3

Use appropriate methods of proof to prove theorems about lines and angles. Theorems include: vertical angles are congruent; when a transversal crosses parallel lines, alternate interior angles are congruent and corresponding angles are congruent.

M.GHS.4

Find the point on a directed line segment between two given points that partitions the segment in a given ratio.

Make geometric constructions.

M.GHS.5

Make formal geometric constructions with a variety of tools and methods, such as a compass and straightedge, string, reflective devices, paper folding, dynamic geometric software, etc.: copying a segment; copying an angle; bisecting a segment; bisecting an angle; constructing perpendicular lines, including the perpendicular bisector of a line segment; and constructing a line parallel to a given line through a point not on the line.

Transformations and Congruence Experiment with transformations in the plane.

M.GHS.6

Build on prior knowledge from rigid motions to: represent transformations using geometric concepts in the plane. describe transformations as functions that take points in the plane as inputs and give other points as outputs. compare transformations that preserve distance and angle to those that do not.

M.GHS.7

Given a rectangle, parallelogram, trapezoid, or regular polygon, describe the rotations and reflections that carry it onto itself.

M.GHS.8

Develop definitions of rotations, reflections, and translations in terms of angles, circles, perpendicular lines, parallel lines, and line segments.

M.GHS.9

Given a geometric figure and a rotation, reflection, or translation, draw the transformed figure using, for example, graph paper, tracing paper, or geometry software. Describe a sequence of transformations that will carry a given figure onto another.

Understand congruence in terms of rigid motions.

M.GHS.10

Use geometric descriptions of rigid motions to transform figures and to predict the effect of a given rigid motion on a given figure; given two figures, use the definition of congruence in terms of rigid motions to decide if they are congruent.

M.GHS.11

Use the definition of congruence in terms of rigid motions to show that two triangles are congruent if and only if corresponding pairs of sides and corresponding pairs of angles are congruent.

M.GHS.12

Explain how the criteria for triangle congruence (ASA, SAS, and SSS) follow from the definition of congruence in terms of rigid motions.

M.GHS.13

Use congruence criteria for triangles to solve problems and to prove relationships in geometric figures.

Prove geometric theorems.

M.GHS.14

Use appropriate methods of proof to prove theorems about triangles and lines. Theorems include: measures of interior angles of a triangle sum to 180°; base angles of isosceles triangles are congruent; the segment joining midpoints of two sides of a triangle is parallel to the third side and half the length; the medians of a triangle meet at a point; points on a perpendicular bisector of a line segment are exactly those equidistant from the segment's endpoints.

M.GHS.15

Use appropriate methods of proof to prove theorems about parallelograms. Theorems include: opposite sides are congruent, opposite angles are congruent, the diagonals of a parallelogram bisect each other, and conversely, rectangles are parallelograms with congruent diagonals.

M.GHS.16

Use coordinates to prove simple geometric theorems about right triangles, quadrilaterals, and circles algebraically (e.g., derive the equation of a circle of given center and radius using the Pythagorean Theorem).

Similarity and Trigonometry Understand similarity in terms of similarity transformations.

M.GHS.17

Verify experimentally the properties of dilations given by a center and a scale factor.

A dilation takes a line not passing through the center of the dilation to a parallel line and leaves a line passing through the center unchanged.

The dilation of a line segment is longer or shorter in the ratio given by the scale factor.

M.GHS.18

Given two figures, use the definition of similarity in terms of similarity transformations to decide if they are similar; explain using similarity transformations the meaning of similarity for triangles as the equality of all corresponding pairs of angles and the proportionality of all corresponding pairs of sides.

M.GHS.19

Use the properties of similarity transformations to establish the AA criterion for two triangles to be similar.

Prove theorems involving similarity.

M.GHS.20

Use appropriate methods of proof to prove theorems about triangles involving similarity. Theorems include: a line parallel to one side of a triangle divides the other two proportionally, and conversely; the Pythagorean Theorem proved using triangle similarity.

M.GHS.21

Use similarity criteria for triangles to solve problems and to prove relationships in geometric figures. Use the Pythagorean Theorem and similarity criteria to derive and apply special right triangles to solve problems.

Define trigonometric ratios and solve problems involving right triangles.

M.GHS.22

Understand that by similarity, side ratios in right triangles are properties of the angles in the triangle, leading to definitions of trigonometric ratios for acute angles.

M.GHS.23

Explain and use the relationship between the sine and cosine of complementary angles.

M.GHS.24

Use trigonometric ratios and the Pythagorean Theorem to solve right triangles in applied problems.

Apply trigonometry to general triangles.

M.GHS.25

Derive the formula A = 1/2 ab sin(C) for the area of a triangle by drawing an auxiliary line from a vertex perpendicular to the opposite side.

M.GHS.26

Prove the Laws of Sines and Cosines extending the definitions of sine and cosine to obtuse angles.

M.GHS.27

Understand and apply the Law of Sines and the Law of Cosines to solve problems and to find unknown measurements in right and non-right triangles.

Circles Understand and apply theorems about circles.

M.GHS.28

Prove that all circles are similar.

M.GHS.29

Identify and describe relationships among inscribed angles, radii, and chords. Include the relationship between central, inscribed, and circumscribed angles; inscribed angles on a diameter are right angles; the radius of a circle is perpendicular to the tangent where the radius intersects the circle.

Find arc lengths and areas of sectors of circles.

M.GHS.30

Derive using similarity the fact that the length of the arc intercepted by an angle is proportional to the radius and define the radian measure of the angle as the constant of proportionality; derive the formula for the area of a sector.

Make geometric constructions.

M.GHS.31

Construct the inscribed and circumscribed circles of a triangle and prove properties of angles for a quadrilateral inscribed in a circle.

M.GHS.32

Construct a tangent line from a point outside a given circle to the circle.

M.GHS.33

Construct an equilateral triangle, a square, and a regular hexagon inscribed in a circle.

Extending to Three Dimensions and Modeling M.GHS.34 Give an informal argument for the formulas for the circumference of a circle, area of a circle, volume of a cylinder, pyramid, and cone. Use dissection arguments, Cavalieri’s principle, and informal limit arguments.

M.GHS.35

Use volume formulas for cylinders, pyramids, cones, and spheres to solve problems, including how area and volume scale under similarity transformations.

Visualize the relation between two-dimensional and three-dimensional objects and apply geometric concepts in modeling situations.

M.GHS.36

Identify the shapes of two-dimensional cross-sections of three-dimensional objects, and identify three-dimensional objects generated by rotations of two-dimensional objects.

M.GHS.37

Use two- and three-dimensional shapes and circles, their measures, and their properties to describe objects.

Apply concepts of density based on area and volume in modeling situations.

Apply geometric methods to solve design problems to satisfy given constraints.

Understand independence and conditional probability and use them to interpret data.

M.GHS.38

Describe events as subsets of a sample space using characteristics of the outcomes or as unions, intersections, or complements of other events.

M.GHS.39

Understand that two events A and B are independent if the probability of A and B occurring together is the product of their probabilities. Use this characterization to determine if they are independent.

M.GHS.40

Recognize the conditional probability of A given B as P(A and B)/P(B), and interpret independence of A and B as saying that the conditional probability of A given B is the same as the probability of A, and the conditional probability of B given A is the same as the probability of B.

M.GHS.41

Construct and interpret two-way frequency tables of data when two categories are associated with each object being classified. Use the two-way table as a sample space to decide if events are independent and to approximate conditional probabilities.

M.GHS.42

Recognize and explain the concepts of conditional probability and independence in everyday language and everyday situations.

Use the rules of probability to compute probabilities of compound events in a uniform probability model.

M.GHS.43

Find the conditional probability of A given B as the fraction of B’s outcomes that also belong to A and interpret the answer in terms of the model.

M.GHS.44

Apply the Addition Rule, P(A or B) = P(A) + P(B) – P(A and B) and interpret the answer in terms of the model.

M.GHS.45

Apply the general Multiplication Rule in a uniform probability model, P(A and B) = P(A)P(B|A) = P(B)P(A|B) and interpret the answer in terms of the model.

M.GHS.46

Use permutations and combinations to compute probabilities of compound events and solve problems.

M.GHS.47

Use probabilities to make fair decisions.

M.GHS.48

Analyze decisions and strategies using probability concepts.

THIRD AND FOURTH COURSE OPTIONS

Third and fourth personalized credit options are available to students on either pathway:

High School Algebra II – Mathematics III High School Trigonometry/Pre-calculus – Mathematics IV Applied Statistics Transition Mathematics for Seniors (fourth course option only)

Advanced Mathematical Modeling Calculus Financial Algebra/Mathematics Quantitative Reasoning Introduction to Mathematical Applications The High School Mathematics course sequence may be prescribed at the county level. See Policy 2510 for a list of required mathematics courses.

Mathematics - High School Algebra II – Mathematics III West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in this course will build on their work with linear, quadratic, and exponential functions and extend their repertoire of functions to include polynomial, rational, and radical functions. (In this course rational functions are limited to those whose numerators are of degree at most 1 and denominators of degree at most 2; radical functions are limited to square roots or cube roots of at most quadratic polynomials.) Students will work closely with the expressions that define the functions and continue to expand and hone their abilities to model situations and to solve equations, including solving quadratic equations over the set of complex numbers and solving exponential equations using the properties of logarithms. Students will continue developing mathematical proficiency in a developmentally-appropriate progressions of standards. The Mathematical Habits of Mind, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Extend the number system to complex numbers and perform arithmetic operations with complex numbers.

Derive the formula for the sum of a geometric series, and use the formula to solve problems (e.g., calculate mortgage payments).

Analyze real-world situations using mathematics to understand the situation better and optimize, troubleshoot, or make an informed decision (e.g., estimate water and food needs in a disaster area, or use volume formulas and graphs to find an optimal size for an industrial package).

Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

Analyze decisions and strategies using probability concepts (e.g., product testing, medical testing, pulling a hockey goalie at the end of a game).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within High School Algebra II – Mathematics III:

Perform arithmetic operations with complex numbers.

Use complex numbers in polynomial identities and equations.

Standards 3-5 Interpret the structure of expressions.

Standards 6-7 Standard 8 Standard 9 Understand the relationship between zeros and factors of polynomials.

Standards 10-11 Use polynomial identities to solve problems.

Standards 12-13 Rewrite rational expressions.

Standards 14-15 Understand solving equations as a process of reasoning and explain the reasoning.

Standard 16 Standard 17 Standard 18 Standards 19-21 Standards 22-23 Standards 24-26 Standard 27 Standards 28-29 Construct and compare linear, quadratic, and exponential models and solve problems.

Standard 30 Summarize, represent, and interpret data on a single count or measurement variable.

Standard 31 Understand and evaluate random processes underlying statistical experiments.

Standards 32-33 Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

Standards 34-37 Standards 38-39 Perform arithmetic operations with complex numbers.

M.A2HS.1

Know there is a complex number i such that i2 = −1, and every complex number has the form a + bi with a and b representing real numbers.

M.A2HS.2

Use the relation i2 = –1 and the commutative, associative, and distributive properties to add, subtract, and multiply complex numbers.

Use complex numbers in polynomial identities and equations.

M.A2HS.3

Solve quadratic equations with real coefficients that have complex solutions.

M.A2HS.4

Factor special case polynomials with real coefficients that produce complex zeros.

M.A2HS.5

Show that the Fundamental Theorem of Algebra is true for quadratic polynomials with real coefficients.

Interpret the structure of expressions.

M.A2HS.6

Interpret expressions including rational and polynomial expressions that represent a quantity in terms of its context.

Interpret parts of an expression, such as terms, factors, and coefficients.

Interpret complicated expressions by viewing one or more of their parts as a single entity.

M.A2HS.7

Use the structure of expressions including polynomial and rational expressions to identify ways to rewrite them.

M.A2HS.8

Derive the formula for the sum of a finite geometric and use the formula to solve problems.

M.A2HS.9

Recognize that polynomials form a system analogous to the integers, namely, they are closed under the operations of addition, subtraction, and multiplication; add, subtract, and multiply polynomials. Perform operations on polynomials with degree higher than two.

Understand the relationship between zeros and factors of polynomials.

M.A2HS.10

Apply the Remainder Theorem to polynomial functions.

M.A2HS.11

Identify zeros of polynomials when suitable factorizations are available and use the zeros to construct a rough graph of the function defined by the polynomial.

Use polynomial identities to solve problems.

M.A2HS.12

Prove polynomial identities and use them to describe numerical relationships.

M.A2HS.13

Apply the Binomial Theorem for the expansion of (x + y)n in powers of x and y for a positive integer n with coefficients determined, for example, by Pascal’s Triangle.

Rewrite rational expressions.

M.A2HS.14

Rewrite simple rational expressions in different forms; write a(x)/b(x) in different forms using inspection, long division, synthetic division, or, for the more complicated examples, a computer algebra system.

M.A2HS.15

Recognize that rational expressions form a system analogous to the rational numbers, namely, they are closed under addition, subtraction, multiplication, and division by a nonzero rational expression; add, subtract, multiply, and divide rational expressions.

Understand solving equations as a process of reasoning and explain the reasoning.

M.A2HS.16

Solve simple rational and radical equations in one variable, and give examples showing how extraneous solutions may arise M.A2HS.17 Explain why the x-coordinates of the points where the graphs of the linear, polynomial, rational, absolute value, exponential, and logarithmic equations y = f(x) and y = g(x) intersect are the solutions of the equation f(x) = g(x); find the solutions approximately (e.g., using technology to graph the functions, make tables of values, or find successive approximations).

M.A2HS.18

Solve a simple system consisting of a linear equation and a quadratic equation in two variables algebraically and graphically.

M.A2HS.19

Create equations and inequalities in one variable, representing linear, quadratic, simple rational, and exponential relationships, and use them to solve problems.

M.A2HS.20

Create equations in two or more variables, representing linear, exponential, and quadratic relationships, between quantities.

M.A2HS.21

Represent constraints by linear, exponential, or quadratic equations or inequalities, and by systems of equations and/or inequalities, and interpret solutions as viable or non-viable options in a modeling context.

M.A2HS.22

Select a function that models a relationship between two quantities, interpret key features of graphs and tables in terms of the quantities, and sketch graphs showing key features given a verbal description of the relationship. Relate the domain of a function to its graph based on the behavior of data and context, and where applicable, to the quantitative relationship it describes.

Key features include intercepts; intervals where the function is increasing, decreasing, positive, or negative; relative maxima and minima; symmetries; and end behavior.

M.A2HS.23

Select a model function based on behavior of data and context to calculate and interpret the average rate of change of linear, exponential, quadratic, and model functions based on behavior of data and context (presented symbolically or as a table) over a specified interval. Estimate the rate of change from a graph.

M.A2HS.24

Graph quadratic, polynomial, square root, cube root, piecewise-defined functions, including step functions and absolute value functions, exponential, and logarithmic functions expressed symbolically and show key features of the graph. Use applications and how key features relate to characteristics of a situation, making selection of a particular type of function model appropriate.

For polynomial functions, focus on identifying zeros and showing end behavior.

For exponential and logarithmic functions, focus on showing intercepts and end behavior.

Instructional Note: Provide opportunities for students to graph and show key features by hand and using technology.

M.A2HS.25

Write a function defined by an expression in different but equivalent forms to reveal and explain different properties of the function focusing on applications and how key features relate to characteristics of a situation, making selection of a particular type of function model appropriate.

M.A2HS.26

Compare properties of two functions each represented in a different way, such as algebraically, graphically, numerically in tables, or by verbal descriptions. Focus on applications and how key features relate to characteristics of a situation.

M.A2HS.27

Write a function that describes a relationship between two quantities. Combine standard function types using arithmetic operations.

M.A2HS.28

Identify the effect on the graph of replacing f(x) by f(x) + k, k f(x), f(kx), and f(x + k) for specific values of k (both positive and negative); find the value of k given the graphs. Experiment with cases and illustrate an explanation of the effects on the graph using technology. Include recognizing even and odd functions from their graphs and algebraic expressions for them. Observe the effect of multiple transformations on a single graph and the common effect of each transformation across function types and use transformations to model situations.

M.A2HS.29

Find inverse functions for simple polynomial, simple rational, simple radical, and use simple exponential functions. Solve an equation of the form f(x) = c for a simple function f that has an inverse and write an expression for the inverse. Consider situations where the domain of the function must be restricted in order for the inverse to exist.

Construct and compare linear, quadratic, and exponential models and solve problems.

M.A2HS.30

For exponential models, express as a logarithm the solution to abct = d, where a, c, and d are numbers and the base b is 2, 10, or e; evaluate the logarithm using technology.

Summarize, represent, and interpret data on a single count or measurement variable.

M.A2HS.31

Use the mean and standard deviation of a data set to fit it to a normal distribution and to estimate population percentages. Recognize that there are data sets for which such a procedure is not appropriate. Use calculators, spreadsheets, and tables to estimate areas under the normal curve.

Understand and evaluate random processes underlying statistical experiments.

M.A2HS.32

Understand statistics as a process for making inferences about population parameters based on a random sample from that population. Compare theoretical and empirical results to evaluate the effectiveness.

M.A2HS.33

Decide if a specified model is consistent with results from a given data-generating process, e.g., using simulation.

Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

M.A2HS.34

Recognize the purposes of and differences among sample surveys, experiments, and observational studies; explain how randomization relates to each.

M.A2HS.35

Use data from a sample survey to estimate a population mean or proportion; develop a margin of error using simulation models for random sampling. Informally develop the concepts of statistical significance and variability.

M.A2HS.36

Use data from a randomized experiment to compare two treatments; use simulations to decide if differences between parameters are significant. Recognize that some unlikely results can occur solely through randomness inherent in the system and “statistical significance” represents this likelihood. Make use of statistics as a way of dealing with, not eliminating, this inherent randomness.

M.A2HS.37

Evaluate reports based on data. Focus on data collection and how conclusions can be drawn from data.

M.A2HS.38

Use probabilities to make fair decisions, including situations involving quality control, false positive, and false negative results.

M.A2HS.39

Analyze decisions and strategies using probability concepts, including situations involving quality control, false positive, and false negative results.

Mathematics – High School Trigonometry/Pre-calculus – Mathematics IV West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in this course will generalize and abstract learning accumulated through previous courses as the final springboard to calculus. Students will take an extensive look at the relationships among complex numbers, vectors, and matrices. They will build on their understanding of functions, analyze rational functions using an intuitive approach to limits and synthesize functions by considering compositions and inverses. Students will expand their work with trigonometric functions and their inverses and complete the study of the conic sections begun in previous courses. They will enhance their understanding of probability by considering probability distributions and have previous experiences with series augmented. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Building Relationships among Complex Numbers, Vectors, and Matrices Analysis and Synthesis of Functions Represent abstract situations involving vectors symbolically.

Write a function that describes a relationship between two quantities (e.g., if T(y) is the temperature in the atmosphere as a function of height, and h(t) is the height of a weather balloon as a function of time, then T(h(t)) is the temperature at the location of the weather balloon as a function of time).

Trigonometric and Inverse Trigonometric Functions of Real Numbers Derivations in Analytic Geometry Make sense of the symmetry, periodicity, and special values of trigonometric functions using the unit circle.

Prove trigonometric identities and apply them problem solving situations.

Make sense of the derivations of the equations of an ellipse and a hyperbola.

Series and Informal Limits Apply mathematical induction to prove summation formulas.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within High School Trigonometry/Pre-calculus – Mathematics IV:

Building Relationships among Complex Numbers, Vectors, and Matrices Perform arithmetic operations with complex numbers.

Standard 1 Represent complex numbers and their operations on the complex plane.

Standards 2-4 Represent and model with vector quantities.

Standards 5-7 Perform operations on vectors.

Standards 8-9 Perform operations on matrices and use matrices in applications.

Standards 10-16 Standards 17-18 Trigonometric and Inverse Trigonometric Functions of Real Numbers Extend the domain of trigonometric functions using the unit circle.

Standards 19-22 Model periodic phenomena with trigonometric functions.

Standards 23-26 Prove and apply trigonometric identities.

Standards 27-28 Analysis and Synthesis of Functions Standard 29 Standard 30 Standard 31 Standards 32-34 Derivations in Analytic Geometry Use conic sections to solve applications.

Standards 35-36 Series and Informal Limits Use sigma notations to evaluate finite sums.

Standards 37-38 Extend geometric series to infinite geometric series.

Standard 39 Building Relationships among Complex Numbers, Vectors, and Matrices Perform arithmetic operations with complex numbers.

M.4HSTP.1

Find the conjugate of a complex number; use conjugates to find moduli (magnitude) and quotients of complex numbers.

Represent complex numbers and their operations on the complex plane.

M.4HSTP.2

Represent complex numbers on the complex plane in rectangular and polar form (including real and imaginary numbers) and explain why the rectangular and polar forms of a given complex number represent the same number.

M.4HSTP.3

Represent addition, subtraction, multiplication and conjugation of complex numbers geometrically on the complex plane; use properties of this representation for computation.

M.4HSTP.4

Calculate the distance between numbers in the complex plane as the modulus of the difference and the midpoint of a segment as the average of the numbers at its endpoints.

Represent and model with vector quantities.

M.4HSTP.5

Recognize vector quantities as having both magnitude and direction. Represent vector quantities by directed line segments and use appropriate symbols for vectors and their magnitudes.

M.4HSTP.6

Find the components of a vector by subtracting the coordinates of an initial point from the coordinates of a terminal point.

M.4HSTP.7

Solve problems involving velocity and other quantities that can be represented by vectors.

Perform operations on vectors.

M.4HSTP.8

Add and subtract vectors.

Add vectors end-to-end, component-wise, and by the parallelogram rule. Understand that the magnitude of a sum of two vectors is typically not the sum of the magnitudes.

Given two vectors in magnitude and direction form, determine the magnitude and direction of their sum.

Describe vector subtraction in terms of vector addition, represent vector subtraction graphically by connecting the tips in the appropriate order, and perform vector subtraction component-wise.

M.4HSTP.9

Multiply a vector by a scalar.

Represent scalar multiplication graphically by scaling vectors and possibly reversing their direction; perform scalar multiplication component-wise.

Compute the magnitude of a scalar multiple of a vector.

Perform operations on matrices and use matrices in applications.

M.4HSTP.10

Use matrices to represent and manipulate data.

M.4HSTP.11

Multiply matrices by scalars to produce new matrices.

M.4HSTP.12

Add, subtract and multiply matrices of appropriate dimensions.

M.4HSTP.13

Demonstrate that, unlike multiplication of numbers, matrix multiplication for square matrices is not a commutative operation, but still satisfies the associative and distributive properties.

M.4HSTP.14

Understand that the zero and identity matrices play a role in matrix addition and multiplication similar to the role of 0 and 1 in the real numbers. The determinant of a square matrix is nonzero if and only if the matrix has a multiplicative inverse.

M.4HSTP.15

Multiply a vector (regarded as a matrix with one column) by a matrix of suitable dimensions to produce another vector. Work with matrices as transformations of vectors.

M.4HSTP.16

Work with 2 × 2 matrices as transformations of the plane and interpret the absolute value of the determinant in terms of area.

M.4HSTP.17

Represent a system of linear equations as a single matrix equation in a vector variable.

M.4HSTP.18

Find the inverse of a matrix if it exists and use it to solve systems of linear equations (using technology for matrices of dimension 3 × 3 or greater).

Trigonometric and Inverse Trigonometric Functions of Real Numbers Extend the domain of trigonometric functions using the unit circle.

M.4HSTP.19

Understand radian measure of an angle as the length of the arc on the unit circle subtended by the angle.

M.4HSTP.20

Explain how the unit circle in the coordinate plane enables the extension of trigonometric functions to all real numbers, interpreted as radian measures of angles traversed counterclockwise around the unit circle.

M.4HSTP.21

Use special triangles to determine geometrically the values of sine, cosine, tangent for /3, /4, and /6, and use the unit circle to express the values of sine, cosine, and tangent for –x, +x, and 2–x in terms of their values for x, where x is any real number.

M.4HSTP.22

Use the unit circle to explain symmetry (odd and even) and periodicity of trigonometric functions.

Model periodic phenomena with trigonometric functions.

M.4HSTP.23

Choose trigonometric functions to model periodic phenomena with specified amplitude, frequency, and midline.

M.4HSTP.24

Understand that restricting a trigonometric function to a domain on which it is always increasing or always decreasing allows its inverse to be constructed.

M.4HSTP.25

Use inverse functions to solve trigonometric equations that arise in modeling contexts; evaluate the solutions using technology and interpret them in terms of the context.

M.4HSTP.26

Solve multi-step trigonometric equations that require factoring or the use of identities.

Prove and apply trigonometric identities.

M.4HSTP.27

Prove the Pythagorean identity sin2(θ) + cos2(θ) = 1 and use it to find sin (θ), cos (θ), or tan (θ), given sin (θ), cos (θ), or tan (θ), and the quadrant of the angle.

M.4HSTP.28

Prove the addition and subtraction formulas for sine, cosine, and tangent and use them to solve problems.

Analysis and Synthesis of Functions M.4HSTP.29 Select a function that models a relationship between two quantities, interpret key features of graphs and tables in terms of quantities, and sketch graphs showing key features given a verbal description of the relationship. Relate the domain of a function to its graph based on the behavior of data and context, and, where applicable, to the quantitative relationship it describes.

Key features include intercepts; intervals where the function is increasing, decreasing, positive, or negative; relative maxima and minima; symmetries; end behavior; and periodicity.

M.4HSTP.30

Write a function that describes a relationship between two quantities, including composition of functions.

M.4HSTP.31

Graph trigonometric and rational functions expressed symbolically and show key features of the graph.

For trigonometric functions, focus on period, midline, amplitude, and phase shift.

For rational functions, focus on identifying zeros and asymptotes when suitable factorizations are available, and showing end behavior. Analyze asymptotes and continuity informally using limits.

Instructional Note: Provide opportunities for students to graph and show key features by hand and using technology.

M.4HSTP.32

Identify the effect on the graph of replacing f(x) by f(x) + k, k f(x), f(kx), and f(x + k) for specific values of k (both positive and negative); find the value of k given the graphs. Experiment with cases and illustrate an explanation of the effects on the graph using technology. Include recognizing even and odd functions from their graphs and algebraic expressions for them. Observe the effect of multiple transformations on a single graph and the common effect of each transformation across function types and use transformations to model situations.

M.4HSTP.33

Find inverse functions.

Verify by composition that one function is the inverse of another.

Read values of an inverse function from a graph or a table, given that the function has an inverse. Compute values of inverse functions from graphs and recognize the graph of an inverse function is the graph of the original function reflected about y=x.

Produce an invertible function from a non-invertible function by restricting the domain.

M.4HSTP.34

Use an understanding of the inverse relationship between exponents and logarithmic functions to:

Graph logarithms, Derive properties of logarithms, and Use these properties to model and solve problems and applications involving exponential and logarithmic functions.

Derivations in Analytic Geometry Use conic sections to solve applications.

M.4HSTP.35

Derive the equations of a parabola, circle, ellipses, and hyperbolas using their key components. Graph the equations of these conic sections.

Key components include asymptotes, center, directrix, foci, and radius.

M.4HSTP.36

Solve problems and applications that model conic sections.

Series and Informal Limits Use sigma notations to evaluate finite sums.

M.4HSTP.37

Develop sigma notation and use it to write series in equivalent form.

M.4HSTP.38

Apply the method of mathematical induction to prove summation formulas. For example, verify the sum of squares formula.

Extend geometric series to infinite geometric series.

M.4HSTP.39

Develop intuitively that the sum of an infinite series of positive numbers can converge and derive the formula for the sum of an infinite geometric series. Apply infinite geometric series models intuitively.

Mathematics – Applied Statistics West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Applied Statistics provides authentic experiences in statistics designed to strengthen students’ application of the statistical method. Students will conduct statistical simulations to model everyday situations in an increasingly data-rich world. Students in this course will select appropriate graphical and numerical methods to explore data, design and implement a plan to collect and analyze data, and use probability to evaluate outcomes and make decisions. Students will build on their work with linear, quadratic, and exponential functions and extend their repertoire of functions to include polynomial, radical, and rational functions. Students will use multiple representations, technology, applications and modeling in problem-solving contexts. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Exploring Data Designing Studies Represent data visually and calculate statistical measures that describe the data set (e.g., construct and interpret a histogram for a student created data set).

Design a plan to collect data using an appropriate sampling method to solve a problem (e.g., design and conduct an experiment to determine the effect of a treatment).

Functions and Modeling Probability and Informed Decisions Explore expressions, functions, and models to highlight key features that provide insight into their structure, properties, and form (e.g., model situations using mathematics to provide an optimal solution).

Make inferences and justify conclusions from data and analyze decisions and strategies using probability concepts (e.g., compare experimental and theoretical probabilities to make informed decisions).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Applied Statistics:

Exploring Data Select appropriate graphical and numerical methods to explore data.

Standards 1-7 Designing Studies Design and implement a plan to collect and analyze data Standards 8-12 Functions and Modeling Explore expressions, functions, and models to describe numbers or relationships.

Standards 13-21 Probability and Informed Decisions Use probability to evaluate outcomes and make decisions.

Standards 22-29 Exploring Data Select appropriate graphical and numerical methods to explore data.

M.ASHS.1

Generate appropriate ways to display various types of data.

Instructional Note: Build on data displays introduced in prior courses.

M.ASHS.2

Calculate appropriate measures of center, variability, and position for data.

Instructional note: Include comparisons of mean vs. median, standard deviation vs. IQR.

M.ASHS.3

Use graphical displays and summary statistics to make conclusions. Informally develop the concept of statistical significance; a result that is unlikely to have occurred by chance alone. Instructional Note: Focus on statistics as a way of dealing with, not eliminating, inherent randomness.

M.ASHS.4

Represent data in two variables to model relationships between quantities. Instructional Note: Students will use multiple representations with appropriate labels and scales.

M.ASHS.5

Select a function that models a relationship between two quantities and interpret key features of graphs and tables in terms of the quantities. Instructional Note: Focus on form, strength, direction, and departures from a model based on data and context.

M.ASHS.6

Compare characteristics of two data sets each represented in different ways (algebraically, graphically, numerically, and verbally). Instructional Note: Focus on applications and how key features relate to characteristics of a situation and select an appropriate model.

M.ASHS.7

Use appropriate measures of center and spread to describe a distribution. Instructional Note: Emphasize that only some data are well described by a normal distribution.

Designing Studies Design and implement a plan to collect and analyze data.

M.ASHS.8

Develop a process for making inferences about population parameters based on a random sample through data collection and analysis.

M.ASHS.9

Evaluate the results from a given data-generating process to determine consistency between theoretical and experimental probabilities. Instructional Note: Include the Law of Large Numbers.

M.ASHS.10

Recognize the purposes of and differences among sample surveys, experiments, and observational studies. Explain the importance of randomization in each method. Instructional Note: Emphasize that the way in which data is collected determines the scope and nature of the conclusions.

M.ASHS.11

Use data from a sample survey to estimate a population mean or proportion. Instructional Note: Develop the connection between sample size and margin of error.

M.ASHS.12

Design and conduct an experiment to compare two treatments. Instructional Note: Include randomization, replication, blocking, and control in the design.

Functions and Modeling Explore expressions, functions, and models to describe numbers or relationships.

M.ASHS.13

Create equations and inequalities in one variable, representing linear, exponential, quadratic, and simple rational functions, and use them to solve problems.

M.ASHS.14

Develop the concept of a complex number i such that i2 = −1. Understand that every complex number can be written in the form a + bi with a and b real.

M.ASHS.15

Use the relation i2 = –1 and the commutative, associative, and distributive properties to add, subtract, and multiply complex numbers.

M.ASHS.16

Use the structure of polynomial and rational expressions to identify ways to rewrite them.

M.ASHS.17

Identify zeros of polynomials when suitable factorizations are available and use the zeros to construct a rough graph of the function defined by the polynomial.

M.ASHS.18

Understand that rational expressions form a system analogous to the rational numbers, closed under addition, subtraction, multiplication, and division by a nonzero rational expression; add, subtract, multiply, and divide rational expressions. Instructional Note: This standard requires the general division algorithm for polynomials.

M.ASHS.19

Solve simple rational and radical equations in one variable and give examples showing how extraneous solutions may arise.

M.ASHS.20

Rearrange formulas to highlight a quantity of interest, using the same reasoning as in solving equations (e.g., solve for and Margin of Error = for ). Instructional Note: While functions will often be linear, exponential, or quadratic the types of problems should draw from more complex situations than those addressed in Algebra I. For example, finding the equation of a line through a given point perpendicular to another line allows one to find the distance from a point to a line. This example applies to earlier instances of this standard, not to the current course.

M.ASHS.21

Select a function that models a relationship between two quantities, interpret key features of graphs and tables in terms of the quantities, and sketch graphs showing key features given a verbal description of the relationship.

Key features include: intercepts; intervals where the function is increasing, decreasing, positive, or negative; relative extrema; symmetries; and end behavior.

Instructional Note: Emphasize the selection of a model function based on the behavior of data in context.

Use probability to evaluate outcomes and make decisions.

M.ASHS.22

Connect sampling variability and margin of error to generate and interpret plausible parameter values. Instructional Note: The concept of statistical significance is developed informally through simulation as meaning a result that is unlikely to have occurred by chance alone. Focus on statistics as a way of dealing with, not eliminating, inherent randomness.

M.ASHS.23

Interpret results from a randomized experiment comparing two treatments. Use simulations to decide if experimental results are significant. Instructional Note: Develop informally the comparison of an observed result and an established probability value (for example p ≤ 0.05).

M.ASHS.24

Evaluate claims based on data reports. Instructional Note: Data reports can be gathered from media.

M.ASHS.25

Use probability rules to make fair decisions. Instructional Note: Extend and apply probability rules introduced in prior courses to more complex probability models that involve decisions. Include examples that yield both false positive and false negative results.

M.ASHS.26

Use two-way tables, tree diagrams, Venn diagrams, or 10 x 10 grids to model probabilities.

M.ASHS.27

Justify a decision using probability rules (e.g., product testing, medical testing, weather forecasting, marketing, or sports coaching decisions). Instructional Note: Extend and apply probability rules introduced in prior courses to more complex probability models that involve decisions. Include examples that yield both false positive and false negative results.

M.ASHS.28

Perform appropriate calculations for given outcomes and decisions based on expected values for non-normal distributions. Instructional Note: Focus on uniform, discrete, continuous (geometric areas), or games of chance.

M.ASHS.29

Given data from a normal distribution, use the mean and standard deviation to estimate population percentages. Use calculators, spreadsheets, and tables to estimate areas under the normal curve. Recognize that there are data sets for which such a procedure is not appropriate. Instructional Note: While students may have heard of the normal distribution, it is unlikely that they will have prior experience using it to make specific estimates. Build on students’ understanding of data distributions to help them see how the normal distribution uses area to make estimates of frequencies (which can be expressed as probabilities).

Mathematics – Transition Mathematics for Seniors West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Transition Mathematics for Seniors prepares students for their entry-level, credit-bearing liberal studies mathematics course at the post-secondary level. Students will solidify their quantitative literacy by enhancing numeracy and problem-solving skills as they investigate and use the fundamental concepts of algebra, geometry, and introductory trigonometry. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Number and Quantity:

The Real Number System The Complex Number System Algebra:

Seeing Structure in Expressions Arithmetic with Polynomials and Rational Expressions Creating Equations Reasoning with Equations and Inequalities Develop an understanding of basic operations, equivalent representations, and properties of the real and complex number systems.

Create equations or inequalities that model physical situations.

Solve systems of equations, with an emphasis on efficiency of solution as well as reasonableness of answers, given physical limitations.

Functions:

Interpreting Functions Building Functions Geometry:

Geometric Measuring and Dimension Expressing Geometric Properties with Equations Modeling with Geometry Develop knowledge and understanding of the concept of functions as they use, analyze, represent and interpret functions and their applications.

Use coordinates and to prove geometric properties algebraically.

Statistics and Probability:

Interpreting Categorical and Quantitative Data Making Inferences and Justifying Conclusions Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Transition Mathematics for Seniors:

Number and Quantity – The Real Number System Number and Quantity – The Complex Number System Use complex numbers in polynomial identities and equations.

Algebra – Seeing Structure in Expressions Interpret the structure of expressions.

Standard 5 Understand the connections between proportional relationship, lines, and linear equations.

Standards 6-8 Algebra – Arithmetic with Polynomials and Rational Expressions Standard 9 Algebra – Creating Equations Standards 10-13 Algebra – Reasoning with Equations and Inequalities Understand solving equations as a process of reasoning and explain the reasoning.

Standard 14 Solve equations and inequalities in one variable.

Standards 15-17 Standards 18-20 Standards 21-22 Functions – Interpreting Functions Standard 23 Interpret functions that arise in applications in terms of the context.

Standards 24-27 Standards 28-34 Functions – Building Functions Standards 35-36 Geometry – Geometric Measuring and Dimension Standards 37-38 Geometry – Expressing Geometric Properties with Equations Standards 39-40 Geometry – Modeling with Geometry Apply geometric concepts in modeling situations.

Standard 41 Statistics and Probability – Interpreting Categorical and Quantitative Data Summarize, represent, and interpret data on two categorical and quantitative variables.

Standards 42-45 Summarize, represent, and interpret data on a single count or measurement variable.

Standards 46-49 Statistics and Probability – Making Inferences and Justifying Conclusions Understand and evaluate random processes underlying statistical experiments.

Standard 50 Number and Quantity – The Real Number System M.TMS.1 Use units to understand problems and to guide the solution of multi-step problems; choose and interpret units consistently in formulas; choose and interpret the scale and the origin in graphs and data displays.

M.TMS.2

Choose a level of accuracy appropriate to limitations on measurement when reporting quantities.

Number and Quantity – The Complex Number System Use complex numbers in polynomial identities and equations.

M.TMS.3

Solve quadratic equations with real coefficients that have complex solutions.

Algebra – Seeing Structure in Expressions Interpret the structure of expressions.

M.TMS.4

Use the structure of quadratic and exponential expressions to identify ways to rewrite them.

M.TMS.5

Choose and produce an equivalent form of an expression to reveal and explain properties of the quantity represented by the expression.

Factor a quadratic expression to reveal the zeros of the function it defines.

Complete the square in a quadratic expression to reveal the maximum or minimum value of the function it defines.

Understand the connections between proportional relationship, lines, and linear equations.

M.TMS.6

Graph proportional relationships, interpreting the unit rates as the slope of the graph. Compare two different proportional relationships represented in different ways.

M.TMS.7

Explain (e.g., using similar triangles) why the slope m is the same between any two distinct points on a non-vertical line in the coordinate plane; derive the equation y = mx for a line through the origin and the equation y = mx + b for a line intercepting the vertical axis at b.

M.TMS.8

Solve linear equations in one variable.

Algebra – Arithmetic with Polynomials and Rational Expressions M.TMS.9 Recognize that polynomials form a system analogous to the integers, namely, they are closed under the operations of addition, subtraction, and multiplication; add, subtract and multiply polynomials.

Algebra – Creating Equations M.TMS.10 Create equations and inequalities in one variable, representing linear, exponential, quadratic, and simple rational relationships, and use them to solve problems.

M.TMS.11

Create equations in two or more variables to represent relationships between quantities; graph equations on coordinate axes with labels and scales.

M.TMS.12

Represent constraints by equations or inequalities and by systems of equations and/or inequalities and interpret solutions as viable or nonviable options in a modeling context. For example, represent inequalities describing nutritional and cost constraints on combinations of different foods.

M.TMS.13

Rearrange formulas to highlight a quantity of interest, using the same reasoning as in solving equations.

Algebra – Reasoning with Equations and Inequalities Understand solving equations as a process of reasoning and explain the reasoning.

M.TMS.14

Solve simple rational and radical equations in one variable and give examples showing how extraneous solutions may arise.

Solve equations and inequalities in one variable.

M.TMS.15

Solve linear equations and inequalities in one variable, including equations with coefficients represented by letters.

M.TMS.16

Explain each step in solving a simple equation as following from the equality of numbers asserted at the previous step, starting from the assumption that the original equation has a solution. Construct a viable argument to justify a solution method.

M.TMS.17

Solve quadratic equations in one variable by inspection (e.g., x2 = 49), taking square roots, factoring, completing the square, and the quadratic formula, as appropriate to the initial form of the equation.

Use the method of completing the square to transform any quadratic equation in x into an equation of the form (x – p)2 = q that has the same solutions. Derive the quadratic formula from this form.

Recognize the concept of complex solutions when the quadratic formula gives complex solutions, and write them as a ± bi for real numbers a and b.

M.TMS.18

Understand and demonstrate ways to manipulate a system of two equations in two variables while preserving its solution set.

M.TMS.19

Solve a simple system consisting of a linear equation and a quadratic equation in two variables algebraically and graphically. Instructional Note: Include examples of solution sets with no solutions, an infinite number of solutions, and one solution.

M.TMS.20

Explain why the x-coordinates of the points where the graphs of the linear, polynomial, rational, absolute value, and exponential equations y = f(x) and y = g(x) intersect are the solution of the equation f(x) = g (x); find the solution approximately (e.g., using technology to graph the functions, make tables of values, or find successive approximations).

M.TMS.21

Solve systems of linear equations exactly and approximately (e.g., with graphs), focusing on pairs of linear equations in two variables. Instructional Note: Include examples of solution sets with no solutions, an infinite number of solutions, and one solution.

M.TMS.22

Graph the solutions to a linear inequality in two variables as a half-plane graph the solution set to a system of linear inequalities in two variables as the intersection of the corresponding half-planes.

Functions – Interpreting Functions M.TMS.23 Use multiple representations of linear and exponential functions to recognize that a function from one set (called the domain) to another set (called the range) assigns to each element of the domain exactly one element of the range. Develop function notation utilizing the definition of a function to represent situations both algebraically and graphically.

Interpret functions that arise in applications in terms of the context.

M.TMS.24

Write arithmetic and geometric sequences both recursively and with an explicit formula, use them to model situations, and translate between the two forms.

M.TMS.25

Interpret the parameters in a linear or exponential function in terms of a context.

M.TMS.26

Select a function that models a relationship between two quantities, interpret key features of graphs and tables in terms of the quantities, and sketch graphs showing key features given a verbal description of the relationship.

Key features include: intercepts; intervals where the function is increasing, decreasing, positive, or negative; relative maxima and minima; symmetries; end behavior; and periodicity.

M.TMS.27

Distinguish between situations that can be modeled with linear functions and with exponential functions.

M.TMS.28

Interpret the equation y = mx + b as defining a linear function, whose graph is a straight line; give examples of functions that are not linear.

M.TMS.29

Describe qualitatively the functional relationship between two quantities by analyzing a graph.

M.TMS.30

Identify the effect on the graph of replacing f(x) by f(x) + k, k f(x), f(kx), and f(x + k) for specific values of k (both positive and negative); find the value of k given the graphs.

M.TMS.31

Graph linear, quadratic, and polynomial functions expressed symbolically and show key features of the graph.

For linear functions, focus intercepts.

For quadratic functions, focus on intercepts, maxima, minima, end behavior, and the relationship between coefficients and roots to represent in factored form.

For polynomial functions, focus on identifying zeros and showing end behavior.

Instructional Note: Provide opportunities for students to graph and show key features by hand and using technology.

M.TMS.32

Observe using graphs and tables that a quantity increasing exponentially eventually exceeds a quantity increasingly linearly, quadratically, or (more generally) as a polynomial function.

M.TMS.33

Write a function defined by an expression in different but equivalent forms to reveal and explain different properties of the function. Use the process of factoring and completing the square in a quadratic function to show zeros, extreme values, and symmetry of the graph, and interpret these in terms of a context.

M.TMS.34

Compare properties of two functions each represented in a different way, such as algebraically, graphically, numerically in tables, or by verbal descriptions.

Functions - Building Functions M.TMS.35 Construct linear and exponential functions, including arithmetic and geometric sequences to model situations, given a graph, a description of a relationship, or given input-output pairs (include reading these from a table).

M.TMS.36

Write a function that describes a relationship between two quantities.

Combine standard function types using arithmetic operations. For example, build a function that models the temperature of a cooling body by adding a constant function to a decaying exponential, and relate these functions to the model.

Compose functions. For example, if T(y) is the temperature in the atmosphere as a function of height, and h(t) is the height of a weather balloon as a function of time, then T(h(t)) is the temperature at the location of the weather balloon as a function of time.

Geometry – Geometric Measuring and Dimension M.TMS.37 Give an informal argument for the formulas for the circumference of a circle, area of a circle, volume of a cylinder, pyramid, and cone. Use dissection arguments, Cavalieri’s principle, and informal limit arguments.

M.TMS.38

Give an informal argument using Cavalieri’s principle for the formulas for the volume of a sphere and other solid figures.

Geometry – Expressing Geometric Properties with Equations M.TMS.39 Use coordinates to prove simple geometric theorems algebraically. For example, prove or disprove that a figure defined by four given points in the coordinate plane is a rectangle; prove or disprove that the point (1, √3) lies on the circle centered at the origin and containing the point (0, 2).

M.TMS.40

Use coordinates to compute perimeters of polygons and areas of triangles and rectangles. Instructional Note: Using the distance formula provides practice with the distance formula and its connection with the Pythagorean theorem.

Geometry – Modeling with Geometry Apply geometric concepts in modeling situations.

M.TMS.41

Apply geometric methods to solve design problems (e.g., designing an object or structure to satisfy physical constraints or minimize cost; working with topographic grid systems based on ratios).

Statistics and Probability - Interpreting Categorical & Quantitative Data Summarize, represent, and interpret data on two categorical and quantitative variables.

M.TMS.42

Represent data on two quantitative variables on a scatter plot and describe how the variables are related. Interpret linear models.

M.TMS.43

Interpret the rate of change and the constant term of a linear model in the context of the data. Use technology to compute and interpret the correlation coefficient of a linear fit.

M.TMS.44

Know that straight lines are widely used to model relationships between two quantitative variables. For scatter plots that suggest a linear association, informally fit a straight line, and informally assess the model fit by judging the closeness of the data points to the line.

M.TMS.45

Summarize categorical data for two categories in two-way frequency tables. Interpret relative frequencies in the context of the data (including joint, marginal, and conditional relative frequencies). Recognize possible associations and trends in the data.

Summarize, represent, and interpret data on a single count or measurement variable.

M.TMS.46

Select applicable representations to display data on the real number line (e.g., dot plots, histograms, and box plots).

M.TMS.47

Use statistics appropriate to the shape of the data distribution to compare center (median, mean) and spread (interquartile range, standard deviation only as a tool to describe spread and not to explicitly find standard deviation) of two or more different data sets.

M.TMS.48

Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers).

M.TMS.49

Statistics and Probability - Interpreting Categorical & Quantitative Data Understand and evaluate random processes underlying statistical experiments.

M.TMS.50

Understand statistics as a process for making inferences about population parameters based on a random sample from that population.

Mathematics – Advanced Mathematical Modeling West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Primary focal points of Advanced Mathematical Modeling include the analysis of information using statistical methods and probability, modeling change and mathematical relationships, mathematical decision making in finance, and spatial and geometric modeling for decision-making. Students will learn to become critical consumers of the quantitative data that surround them every day, knowledgeable decision makers who use logical reasoning and mathematical thinkers who can use their quantitative skills to solve problems related to a wide range of situations. As students solve problems in various applied situations, they will develop critical skills for success in college and careers, including investigation, research, collaboration and both written and oral communication of their work. As students work with these topics, they will rely on mathematical processes, including problem-solving techniques, appropriate mathematical language and communication skills, connections within and outside mathematics and reasoning. Students will use applications and modeling, multiple representations, technology, and numerical fluency in problem-solving contexts. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Developing College and Career Skills Finance Develop and apply skills used in college and careers, including reasoning, planning and communication, to make decisions and solve problems in applied situations.

Create and analyze mathematical models to make decisions related to earning, investing, spending and borrowing money.

Use basic rules of counting and probability to analyze and evaluate risk and return in the context of everyday situations.

Make decisions based on understanding, analysis and critique of reported statistical information and summaries.

Networks Analyze numerical data in everyday situations using a variety of quantitative measures and numerical processes.

Use a variety of network models represented graphically to organize data in quantitative situations, make informed decisions, and solve problems.

Social Decision Making Analyze the mathematics behind various methods of ranking and selection and consider the advantages/disadvantages of each method.

Solve geometric problems involving inaccessible distances.

Use vectors to solve applied problems.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Advanced Mathematical Modeling:

Developing College and Career Skills Tools for problem solving.

Finance Standards 4-6 Personal use of finance.

Standards 7-8 Analyze information using probability and counting.

Standards 9-10 Manage uncertainty.

Standards 11-12 Critique statistics.

Standards 13-16 Perform statistical analysis.

Standards 17-21 Communicate statistical information.

Standards 22-23 Manage numerical data.

Standards 24-25 Model data and change with functions.

Standards 26-30 Networks Network for decision making.

Standards 31-32 Social Decision Making Make decisions using ranking and voting.

Standards 33-34 Concrete geometric representation (physical modeling).

Standards 35-36 Abstract geometric representation (matrix modeling).

Standards 37-38 Developing College and Career Skills M.AMM.1 Demonstrate reasoning skills in developing, explaining, and justifying sound mathematical arguments and analyze the soundness of mathematical arguments of others.

M.AMM.2

Communicate with and about mathematics orally and in writing as part of independent and collaborative work, including making accurate and clear presentations of solutions to problems.

Tools for problem solving.

M.AMM.3

Gather data, conduct investigations, and apply mathematical concepts and models to solve problems in mathematics and other disciplines.

Finance M.AMM.4 Determine, represent, and analyze mathematical models for loan amortization and the effects of different payments and/or finance terms (e.g., business loans, auto, mortgage, and/or credit card).

M.AMM.5

Determine, represent, and analyze mathematical models for investments involving simple and compound interest with and without additional deposits (e.g., savings accounts, bonds, and/or certificates of deposit).

M.AMM.6

Determine, represent, and analyze mathematical models for inflation and the Consumer Price Index using concepts of rate of change and percentage growth.

Personal use of finance.

M.AMM.7

Research and analyze personal budgets based on given parameters (e.g., fixed and discretionary expenses, insurance, gross vs. net pay, types of income, wage, salary, commission, career choice, geographic region, retirement and/or investment planning).

M.AMM.8

Research and analyze taxes including payroll, sales, personal property, real estate, and income tax returns.

Analyze information using probability and counting.

M.AMM.9

Use the Fundamental Counting Principle, permutations, and combinations to determine all possible outcomes for an event; determine probability and odds of a simple event; explain the significance of the Law of Large Numbers.

M.AMM.10

Determine and interpret conditional probabilities and probabilities of compound events by constructing and analyzing representations, including tree diagrams, Venn diagrams, two-way frequency tables and area models, to make decisions in problem situations.

Manage uncertainty.

M.AMM.11

Use probabilities to make and justify decisions about risks in everyday life.

M.AMM.12

Calculate expected value to analyze mathematical fairness, payoff and risk.

Critique statistics.

M.AMM.13

Identify limitations or lack of information in studies reporting statistical information, especially when studies are reported in condensed form.

M.AMM.14

Interpret and compare the results of polls, given a margin of error.

M.AMM.15

Identify uses and misuses of statistical analyses in studies reporting statistics or using statistics to justify particular conclusions, including assertions of cause and effect versus correlation.

M.AMM.16

Describe strengths and weaknesses of sampling techniques, data and graphical displays and interpretations of summary statistics, and other results appearing in a study, including reports published in the media.

Perform statistical analysis.

M.AMM.17

Identify the population of interest, select an appropriate sampling technique, and collect data.

M.AMM.18

Identify the variables to be used in a study.

M.AMM.19

Determine possible sources of statistical bias in a study and how such bias may affect the ability to generalize the results.

M.AMM.20

Create data displays for given data sets to investigate, compare, and estimate center, shape, spread, and unusual features.

M.AMM.21

Determine possible sources of variability of data, both those that can be controlled and those that cannot be controlled.

Communicate statistical information.

M.AMM.22

Report results of statistical studies to a particular audience, including selecting an appropriate presentation format, creating graphical data displays, and interpreting results in terms of the question studied.

M.AMM.23

Communicate statistical results in both oral and written formats using appropriate statistical and nontechnical language.

Manage numerical data.

M.AMM.24

Solve problems involving large quantities that are not easily measured.

M.AMM.25

Use arrays to efficiently manage large collections of data and add, subtract, and multiply matrices to solve applied problems.

Model data and change with functions.

M.AMM.26

Determine or analyze an appropriate model for problem situations - including linear, quadratic, power, exponential, logarithmic and logistic functions (e.g., stopping distance, period of a pendulum, population growth, Richter Scale, and/or Fujita Tornado Scale).

M.AMM.27

Determine or analyze an appropriate cyclical model for problem situations that can be modeled with trigonometric functions (e.g., predator-prey models, tide heights, diurnal cycle, and/or music).

M.AMM.28

Determine or analyze an appropriate piecewise model for problem situations (e.g., postal rates, phase change graphs, sales tax, and/or utility usage rates).

M.AMM.29

Solve problems using recursion or iteration (e.g., fractals, compound interest, population growth or decline, and/or radioactive decay).

M.AMM.30

Collect numerical bivariate data; use the data to create a scatter plot; determine whether or not a relationship exists; if so, select a function to model the data, justify the selection and use the model to make predictions.

Networks Network for decision making.

M.AMM.31

Solve problems involving scheduling or routing situations that can be represented by a vertex-edge graph; find critical paths, Euler paths, Hamiltonian paths, and minimal spanning trees (e.g., Konigsberg bridge problem, mail vs. Fed Ex delivery routes, Kolam drawings of India, traveling salesman problem, and/or map coloring).

M.AMM.32

Construct, analyze, and interpret flow charts in order to develop and describe problem solving procedures.

Social Decision Making Make decisions using ranking and voting.

M.AMM.33

Apply and analyze various ranking algorithms to determine an appropriate method for a given situation (e.g., fair division, apportionment, and/or search engine results).

M.AMM.34

Analyze various voting and selection processes to determine an appropriate method for a given situation (e.g., preferential vs. non-preferential methods, and/or weighted voting).

Concrete geometric representation (physical modeling).

M.AMM.35

Create and use two- and three-dimensional representations of authentic situations using paper techniques or dynamic geometric environments for computer-aided design and other applications.

M.AMM.36

Solve geometric problems involving inaccessible distances.

Abstract geometric representation (matrix modeling).

M.AMM.37

Use vectors to represent and solve applied problems.

M.AMM.38

Use matrices to represent geometric transformations and solve applied problems.

Mathematics - Calculus West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students will deepen and extend their understanding of functions, continuity, limits, differentiation, applications of derivatives, integrals, and applications of integration. Students will apply the Rule of Four (Numerical, Analytical, Graphical and Verbal) throughout the course and use available technology to enhance learning. Student will use graphing utilities to investigate concepts and to evaluate derivatives and integrals. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Algebra A utility company burns coal to generate electricity. The cost C in dollars of removing p% of the air pollutants emissions is Find the cost of removing (a) 10%, (b) 25%, and (c) 75% of the pollutants. Find the limit of C as A management company is planning to build a new apartment complex. Knowing the maximum number of apartments that the lot can hold and given a function for the maintenance costs, determine the number of apartments that will minimize the maintenance costs.

The velocity v of the flow of blood at a distance r from the central axis of an artery of radius R is where k is the constant of proportionality. Find the average rate of flow of blood along a radius of the artery (use 0 and R as the limits of integration).

The radius of a right circular cylindrical balloon is given by and its height is , where is time in seconds and the dimensions are in inches. Find the rate of change of the volume with respect to time.

Given 50 meters of framing material, construct a window that will let in the most light if the middle of the window is a rectangle and the top and bottom of the window are semi-circles.

The graph of consists of the three line segments joining the points (0,0), (2, -2), (6, 2), and (8,3). The function is defined as follows Find the total enclosed areas generated by and the -axis. Determine the points of inflection of on the interval.

Data Analysis and Probability The average data entry speeds S (words per minute) of a business student after t weeks of lessons are recorded in the following table. t S A model for the data is Do you think that there is a limiting speed? If so, what is the limiting speed? If not, why?

Identify a real-world situation that involves quantities that change over time and develop a method to collect and analyze related data. Develop a continuous function to model the data and generalize the results to make a conclusion.

A sheet of typing paper is ruled with parallel lines that are 2 inches apart. A two-inch needle is tossed randomly onto the sheet of paper. The probability that the needle will touch a line is where is the acute angle between the needle and any one of the parallel lines. Find the probability.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Calculus:

Algebra Understand the key concepts, connections, and applications of functions, limits, continuity, derivatives, and integrals represented in multiple ways.

Standards 1-19 Apply the key concepts, connections, and applications of limits, continuity, derivatives, and integration for a wide variety of regions.

Standards 20-22 Data Analysis and Probability Apply the key concepts and applications of limits, continuity, derivatives, and integration to analyze functions that represent a collection of data.

Standard 23 Algebra Understand the key concepts, connections and applications of functions, limits, continuity, derivatives, and integrals represented in multiple ways.

M.C.1

Use abstract notation to apply properties of algebraic, trigonometric, exponential, logarithmic, and composite functions, as well as their inverses, represented graphically, numerically, analytically, and verbally; and demonstrate an understanding of the connections among these representations.

M.C.2

Demonstrate a conceptual understanding of the definition of a limit via the analysis of continuous and discontinuous functions represented using multiple representations (e.g., graphs and tables).

M.C.3

Use the properties of limits including addition, product, quotient, composition, and squeeze/sandwich theorem to calculate the various forms of limits: one-sided limits, limits at infinity, infinite limits, limits that do not exist, and special limits such as and M.C.4 Apply the definition of continuity to determine where a function is continuous or discontinuous including continuity at a point, continuity over an interval, application of the Intermediate Value Theorem, and graphical interpretation of continuity and discontinuity.

M.C.5

Investigate and apply the definition of the derivative graphically, numerically, and analytically at a point; conceptually interpret the derivative as an instantaneous rate of change and the slope of the tangent line.

M.C.6

Discriminate between the average rate of change and the instantaneous rate of change using real-world problems.

M.C.7

Recognize when the Extreme Value Theorem indicates that function extrema exist.

M.C.8

Quickly recall and apply rules of differentiation including the constant multiple rule, the sum rule, the difference rule, the product rule, the quotient rule, the power rule, and the chain rule as applied to algebraic, trigonometric, exponential, logarithmic, and inverse trigonometric functions using techniques of both explicit and implicit differentiation.

M.C.9

Apply Rolle’s Theorem and the Mean Value Theorem to real-world problems.

M.C.10

Construct and use mathematical models to solve optimization, related-rates, velocity, and acceleration problems.

M.C.11

Determine antiderivatives that follow from derivatives of basic functions and apply substitution of variables.

M.C.12

Evaluate definite integrals using basic integration properties such as addition, subtraction, constant multipliers, the power rule, substitution, and change of limits.

M.C.13

Characterize the definite integral as the total change of a function over an interval and use this to solve real-world problems.

M.C.14

Apply the Fundamental Theorem of Calculus to evaluate definite integrals and to formulate a cumulative area function and interpret the function as it relates to the integrand.

M.C.15

Use limits to deduce asymptotic behavior of the graph of a function.

M.C.16

Compare and contrast the limit definition (not delta epsilon) of continuity and the graphical interpretation of the continuity of a function at a point; recognize different types of discontinuities.

M.C.17

Develop tangent lines as best linear approximations to functions near specific points; explain this conceptually; construct these tangent lines; and apply this concept to Newton’s Method.

M.C.18

Investigate and explain the relationships among the graphs of a function, its derivative and its second derivative; construct the graph of a function using the first and second derivatives including extrema, points of inflection, and asymptotic behavior.

M.C.19

Approximate areas under a curve using Riemann sums by applying and comparing left, right, and midpoint methods for a finite number of subintervals.

Apply the key concepts, connections and applications of limits, continuity, derivatives, and integration for a wide variety of regions.

M.C.20

Justify why differentiability implies continuity and classify functional cases when continuity does not imply differentiability.

M.C.21

Calculate a definite integral using Riemann sums by evaluating an infinite limit of a sum using summation notation and rules for summation.

M.C.22

Use integration to solve problems that involve linear displacement, total distance, position, velocity, acceleration, and area between curves by looking at both functions of x and functions of y; utilize units to interpret the physical nature of the calculus process.

Data Analysis and Probability Apply the key concepts and applications of limits, continuity, derivatives, and integration to analyze functions that represent a collection of data.

M.C.23

Identify a real-world situation that involves quantities that change over time; pose a question; make a hypothesis as to the answer; develop, justify, and implement a method to collect, organize, and analyze related data; extend the nature of collected, discrete data to that of a continuous function that describes the known data set; generalize the results to make a conclusion; compare the hypothesis and the conclusion; present the project numerically, analytically, graphically, and verbally using the predictive and analytic tools of calculus.

Mathematics – Financial Algebra/Mathematics West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Students in this course will focus on financial applications designed to deepen and extend understanding of mathematics. Students in Financial Algebra/Mathematics will communicate effectively, using accurate mathematical language in a financial context. Students will interpret and analyze various functions, graphs and data in order to make responsible and wise financial decisions in the context of their personal lives regarding banking services, automobile purchases and maintenance decisions, income tax and employee benefits, and business decisions. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Mathematical Language in a Financial Context The Algebra of Finance Demonstrate reasoning skills in developing, explaining, and justifying sound financial decisions.

Communicate effectively, using accurate mathematical language in a financial context.

Apply algebraic skills and concepts to make responsible and wise financial decisions in the context of their personal lives regarding banking services, consumer credit, automobile purchases and maintenance decisions, income tax and employee benefits, and business decisions.

Financial Modeling with Functions Modeling with Data Interpret and analyze various functions, graphs, and data to make responsible and wise financial decisions in the context of their personal lives regarding banking services, consumer credit, automobile purchases and maintenance decisions, income tax and employee benefits, and business decisions.

Create, interpret, and evaluate financial models to make responsible and wise financial decisions in the context of their personal lives regarding banking services, consumer credit, automobile purchases and maintenance decisions, income tax and employee benefits, and business decisions.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Financial Algebra/Mathematics:

Mathematical Language in a Financial Context Communicate reasoning and decisions.

Algebra/Mathematics of Finance Use algebraic reasoning and techniques.

Standards 4-11 Financial Modeling with Functions Construct, graph, use, and interpret functions.

Standards 12-27 Financial Modeling with Data Represent, summarize, and evaluate data.

Standards 28-37 Mathematical Language in a Financial Context Communicate reasoning and decisions.

M.FAM.1

Demonstrate reasoning skills in developing, explaining, and justifying sound mathematical decision making (e.g., demonstrate reasoning skills in creating and presenting a budget of monthly expenses based on a career pathway income, and analyze the soundness of the mathematical reasoning of others; determine outlook for a chosen career pathway and use the average salary to determine if the desired cost of living can be met).

M.FAM.2

Communicate with and about mathematics in a financial context.

M.FAM.3

Communicate with and about mathematics in writing and orally, both independently and collaboratively, by preparing financial plans (e.g., plan for an emergency savings fund that will last three to six months in the case of loss of income; determine the total percentage of income paid to taxes or the percentage of total salary that a benefits package represents).

Algebra/Mathematics of Finance Use algebraic reasoning and techniques.

M.FAM.4

Interpret parts of an expression or equation, such as terms, factors, and coefficients, in a variety of financial models including those found in stock markets, automobile financing, and in banking contexts.

M.FAM.5

Create and solve linear equations and inequalities in one variable and use them to solve problems in financial applications that may include, but are not limited to, stock markets, automobile ownership, business modeling, or employment (e.g., calculate wages by hourly rates or pay periods to make decisions about pay in a real-world context).

M.FAM.6

Create equations in two or more variables to represent relationships between quantities in a financial context; graph equations on coordinate axes with labels and scales. Financial contexts may include, but are not limited to, stock markets, automobile ownership, business modeling employment, banking, consumer debt, and independent living decisions regarding taxes or planning for retirement (e.g., create a linear expense equation based on fixed and variable expenses and graph choosing an appropriate scale and origin for the graph).

M.FAM.7

Represent constraints in financial applications by equations or inequalities, and by systems of equations and/or inequalities, and interpret solutions as viable or nonviable options in a modeling context (e.g., create a system of equations based on the expenses incurred and monthly payment when choosing home ownership versus rental; find the percentage of total salary that a benefits package represents; calculate taxes owed based on a given income and tax table and determine total percentage of income paid to taxes; calculate the gross pay and net pay using the FICA percentage (7.65%), retirement contribution, and worker's compensation insurance (employer match)).

M.FAM.8

Rearrange formulas for financial applications to highlight a quantity of interest, using the same reasoning as in solving equations. Know difference between growth and decay functions (e.g., solve the literal equation for exponential depreciation to find a depreciation rate and the literal equation for continuous interest to find the interest rate; apply the formula for average daily balance, (average daily balanceAPRdays in billing cycle)/365, using literal equations with varying APRs and billing cycles).

M.FAM.9

Solve systems of linear equations exactly and approximately (with graphs) in making financial decisions, focusing on pairs of linear equations in two variables (e.g., create and solve a system of equations based on the expenses incurred and monthly payment when choosing home ownership versus rental).

M.FAM.10

Recognize that polynomials form a system analogous to the integers, namely, they are closed under the operations of addition, subtraction, and multiplication; add, subtract and multiply polynomials (e.g., combine the polynomials that model income and expense to create a profit model).

M.FAM.11

Solve quadratic equations in one variable in a financial context that may include, but are not limited to, business modeling or employment decisions (e.g., given a quadratic equation that models a profit function, determine the break-even points; apply braking distance/stopping distance formulas to solve problems related to driving and safety data).

Financial Modeling with Functions Construct, graph, use, and interpret functions.

M.FAM.12

Use functions to model financial situations. Use multiple representations of functions to recognize that a function from one set (called the domain) to another set (called the range) assigns to each element of the domain exactly one element of the range. Develop function notation utilizing the definition of a function to represent situations both algebraically and graphically (e.g., develop and communicate the appropriateness of representing a commission salary using a linear versus a piecewise function; use linear and polynomial functions to evaluate and communicate quantities as required by Internal Revenue Service and Social Security Administration regulations and to determine when and why the models may be discontinuous).

M.FAM.13

Use function notation in financial applications, evaluate functions for inputs in their domains, and interpret statements that use function notation in terms of a financial context (e.g., in making decisions regarding retirement income, apply the formula A(t) = Pert to determine future value).

M.FAM.14

Prove that linear functions grow by equal differences over equal intervals, and that exponential functions grow by equal factors over equal intervals. Use this relationship in analyzing financial situations (e.g., compare the linear function modeling simple interest with the exponential function modeling compound interest).

M.FAM.15

Select a function that models a relationship between two quantities in financial contexts, interpret key features of graphs and tables in terms of the quantities, and sketch graphs showing key features given a verbal description of the relationship (e.g., write, graph, and interpret the revenue (quadratic) function in comparison to the expense (linear) function using key features of the functions; reason quantitatively to compare subsidized and unsubsidized loans, as well as other forms of financial aid available to college students; calculate mortgage payments, reasoning and making decisions about the length of the loan and a fixed versus adjustable rate mortgage).

M.FAM.16

Interpret the parameters in a linear or exponential function in terms of a context (e.g., investigate and compare, using technology and regression, historical data to determine if automobile depreciation follows a linear or exponential model).

M.FAM.17

Construct linear and exponential functions modeling financial contexts, including arithmetic and geometric sequences to model situations, given a graph, a description of a relationship, or given input-output pairs including reading these from a table (e.g., utilize linear and exponential functions to compare simple with compound interest).

M.FAM.18

Fit a function to the data; use functions fitted to data to solve problems in the context of the data. Use given functions or choose a function suggested by the context. Emphasize linear, quadratic, and exponential models. Data may address, but is not limited to automobile financing, investing in the stock market, business, employment, banking, consumer credit, taxes, and retirement planning.

M.FAM.19

Calculate and interpret the average rate of change of a function modeling a financial context (presented symbolically or as a table) over a specified interval. Estimate the rate of change from a graph (e.g., examine depreciation trends).

M.FAM.20

Graph functions expressed symbolically and show key features of the graph (e.g., graph the linear, quadratic, or exponential curve that models the demand versus supply functions and find the equilibrium point with and without technology).

Instructional Note: Provide opportunities for students to graph and show key features by hand and using technology.

M.FAM.21

Compare properties of two functions each represented in a different way, such as algebraically, graphically, numerically in tables, or by verbal descriptions (e.g., utilize linear and exponential functions to compare simple with compound interest; calculate and compare using both the loan payment formula and payment schedules in table format, the monthly cost of purchasing an automobile, and discuss the feasibility of that payment in relation to monthly budget; compare two functions showing interest accrued when paying the minimum monthly payment over time compared to paying a larger monthly payment; identify and compare the average rate of change between given time periods).

M.FAM.22

Graph linear and quadratic functions and show intercepts, maxima, and minima (e.g., in the model of a profit function, determine the break-even points, the maximum possible loss, and the maximum profit).

M.FAM.23

Write a function that describes a relationship between two quantities in a financial context (e.g., calculate the costs associated with purchasing a vehicle, including leasing, purchasing with cash, or with a loan).

M.FAM.24

Identify the effect on functions that model financial situations of replacing f(x) by f(x) + k, k f(x), f(kx), and f(x + k) for specific values of k (both positive and negative); find the value of k given the graphs. Experiment with cases and illustrate an explanation of the effects on the graph using technology (e.g., identify the impact of a change in a constraint in a function that models retirement planning, business income and expenses, or employment benefits).

M.FAM.25

Graph square root, cube root, and piecewise-defined functions that model financial situations, including step functions and absolute value functions (e.g., develop and communicate the appropriateness of representing a commission salary using a linear versus a piecewise function; analyze graphs of functions that model profit).

M.FAM.26

Write arithmetic and geometric sequences both recursively and with an explicit formula, use them to model financial situations, and translate between the two forms (e.g., create recursive and explicit models of sequences related to retirement planning, amortization schedules for a loan, comparing subsidized and unsubsidized loans, reasoning and making decisions about the length of the loan and a fixed versus adjustable rate mortgage).

M.FAM.27

Apply exponential formulas to solve for future and present value of investments by hand or with graphing technology (e.g., PV=FV*(1/(1+r)n) and A(t) = Pert).

Financial Modeling with Data Represent, summarize, and evaluate data.

M.FAM.28

Select applicable representations to display data on the real number line (e.g., dot plots, histograms, and box plots).

Instructional Note: Data may address, but is not limited to automobile financing, investing in the stock market, business, employment, banking, consumer credit, taxes, and retirement planning.

M.FAM.29

Represent data on two quantitative variables on a scatter plot, and describe how the variables are related. Fit regression lines to scatterplots and make predictions based on lines of best fit. Find and interpret correlation coefficients of regression equations in financial situations (e.g., use scatter plots to show correlation between two funds, two stocks, a stock and the general market, or in business situations to forecast sales or to compare revenue to the number of units sold).

M.FAM.30

Create a data display modeling financial situations.

Instructional Note: This may include, but is not limited to, modeling the different savings options for a given investment at local banking establishments; calculating and comparing the monthly cost of purchasing an automobile using both the loan payment formula and payment schedules in table format; creating an amortization schedule through the use of spreadsheet technology and the formula tool for a loan given principle, term, monthly payment, and interest rate; creating representations of pay schedules using a variety of modeling technologies; and making decisions in a financial context based on those representations.

M.FAM.31

Summarize categorical data in various forms (e.g., two-way frequency tables, circle graphs, segmented bar charts). Interpret relative frequencies in the context of the data in making financial decisions.

M.FAM.32

Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers).

Instructional Note: Data sets may address, but are not limited to, automobile financing, investing in the stock market, business, employment, banking, consumer credit, taxes, and retirement planning.

M.FAM.33

Use units to understand problems and to guide the solution of multi-step problems; choose and interpret units consistently in formulas; choose and interpret the scale and the origin in graphs and data displays (e.g., use units appropriately as a way to understand multi-step problems in relationship to understanding credit card fees and finance charges; compute distance, rate and time to solve problems to analyze driving and safety data, using single and multiple unit conversion; use and compare researched reaction times and vehicle velocity, as well as accepted equations to solve problems with braking distances).

M.FAM.34

Use financial models from automobile financing, investing in the stock market, business, employment, banking, consumer credit, taxes, and retirement planning to solve problems.

M.FAM.35

Evaluate reports based on data. Data may address, but is not limited to, planning for retirement or stock markets.

M.FAM.36

Use probability and expected value to analyze financial situations (e.g., model and compare automobile insurance policies).

M.FAM.37

Evaluate the impact of taxes on business ownership including property tax, sales tax, social security, retirement, and disability benefits. Evaluate the impact of taxes on personal finance decisions.

Mathematics – Quantitative Reasoning West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Quantitative Reasoning prepares students to reason, model, and draw conclusions or make decisions with mathematical, statistical, and quantitative information. Students will compare, analyze, and synthesize of multiple forms or sources of quantitative information. Students will use appropriate mathematical and statistical language in oral, written, and graphical forms; read and interpret authentic texts such as advertisements, consumer information, government forms, and newspaper articles containing quantitative information, including graphical displays of quantitative information. Students will develop an answer to an open-ended question requiring analysis and synthesis of multiple calculations, data summaries, and/or models. Students will draw conclusions or make decisions in quantitatively based situations that are dependent upon multiple factors and analyze how different situations would affect the decisions. Students will be able to critique and evaluate quantitative arguments that utilize mathematical, statistical, and quantitative information. Students will evaluate the validity and possible biases in arguments presented in authentic contexts based on multiple sources of quantitative information (e.g., advertising, internet postings, consumer information, political arguments). The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Logical Reasoning Algebraic Modeling and Number Sense Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

Create and analyze mathematical models to make decisions related to earning, investing, spending, and borrowing money.

Make decisions based on understanding, analysis, and critique of reported statistical information and summaries.

Use basic rules of counting and probability to analyze and evaluate risk and return in the context of everyday situations.

Interpret categorical and quantitative data, make inferences and justify conclusions.

Create and analyze mathematical models to make decisions related to earning, investing, spending, and borrowing money.

Make conclusions based on understanding, analysis and critique of probabilities (e.g., compare the chance of having lung cancer if you are a smoker with the chance of being a smoker if you have lung cancer).

Develop a probability distribution (e.g., find the theoretical probability distribution for the number of correct answers obtained by guessing on all five questions of a multiple-choice test where each question has four choices; find the expected grade under various grading schemes).

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Quantitative Reasoning:

Logical Reasoning Tools for problem solving.

Algebraic Modeling Understand ratio concepts and use ratio reasoning to solve problems.

Work with integer exponents, scientific notation, and radicals.

Standards 5-7 Standard 8 Standard 9 Standard 10 Standards 11-13 Standards 14-15 Standards 16-17 Construct and compare linear, quadratic, and exponential models and solve problems.

Standard 18 Standard 19 Standard 20 Summarize, represent, and interpret data on two categorical and quantitative variables.

Standard 21 Summarize, represent, and interpret data on a single count or measurement variable.

Standards 22-24 Perform statistical analysis.

Standard 25 Communicate statistical information.

Standards 26-27 Analyze information using probability and counting.

Standards 28-29 Use probability to evaluate outcomes and manage uncertainty.

Standards 30-31 Understand independence and conditional probability and use them to interpret data.

Standards 32-36 Use the rules of probability to compute probabilities of compound events in a uniform probability model.

Standards 37-40 Standards 41-42 Logical Reasoning M.QR.1 Demonstrate reasoning skills in developing, explaining, and justifying sound mathematical arguments and analyze the soundness of mathematical arguments of others.

M.QR.2

Communicate with and about mathematics orally and in writing as part of independent and collaborative work, including making accurate and clear presentations of solutions to problems.

Tools for problem solving.

M.QR.3

Gather data, conduct investigations, and apply mathematical concepts and models to solve problems in mathematics and other disciplines.

Algebraic Modeling Understand ratio concepts and use ratio reasoning to solve problems.

M.QR.4

Use ratio and rate reasoning to solve real-world and mathematical problems.

Make tables of equivalent ratios relating quantities with whole number measurements, find missing values in the tables, and plot the pairs of values on the coordinate plane. Use tables to compare ratios.

Solve unit rate problems including those involving unit pricing and constant speed (e.g., if it took 7 hours to mow 4 lawns, then at that rate, how many lawns could be mowed in 35 hours? At what rate were lawns being mowed?).

Find a percent of a quantity as a rate per 100 (e.g., 30% of a quantity means 30/100 times the quantity); solve problems involving finding the whole, given a part and the percent.

Use ratio reasoning to convert measurement units; manipulate and transform units appropriately when multiplying or dividing quantities.

Work with integer exponents, scientific notation, and radicals.

M.QR.5

Know and apply the properties of integer exponents to generate equivalent numerical expressions.

M.QR.6

Perform operations with numbers expressed in scientific notation, including problems where both decimal and scientific notation are used. Use scientific notation and choose units of appropriate size for measurements of very large or very small quantities (e.g., use millimeters per year for seafloor spreading). Interpret scientific notation that has been generated by technology.

M.QR.7

Rewrite expressions involving radicals and rational exponents using the properties of exponents.

M.QR.8

Define appropriate quantities for the purpose of descriptive modeling.

M.QR.9

Recognize that the graph of an equation in two variables is the set of all its solutions plotted in the coordinate plane.

M.QR.10

Give an informal argument for the formulas for the circumference of a circle, area of a circle, volume of a cylinder, pyramid, and cone.

M.QR.11

Determine, represent and analyze mathematical models for loan amortization and the effects of different payments and/or finance terms (e.g., business loans, auto, mortgage, and/or credit card).

M.QR.12

Determine, represent and analyze mathematical models for investments involving simple and compound interest with and without additional deposits (e.g., savings accounts, bonds, and/or certificates of deposit).

M.QR.13

Research and analyze taxes including payroll, sales, personal property, real estate, and income tax returns.

M.QR.14

Use units to understand problems and to guide the solution of multi-step problems; choose and interpret units consistently in formulas; choose and interpret the scale and the origin in graphs and data displays.

M.QR.15

Choose a level of accuracy appropriate to limitations on measurement when reporting quantities.

M.QR.16

Create equations and inequalities in one variable, representing linear, quadratic, simple rational, and exponential relationships, and use them to solve problems.

M.QR.17

Rearrange formulas to highlight a quantity of interest, using the same reasoning as in solving equations.

Construct and compare linear, quadratic, and exponential models and solve problems.

M.QR.18

Construct linear and exponential functions, including arithmetic and geometric sequences to model situations, given a graph, a description of a relationship, or given input-output pairs (include reading these from a table).

M.QR.19

Write a function that describes a relationship between two quantities.

Combine standard function types using arithmetic operations. For example, build a function that models the temperature of a cooling body by adding a constant function to a decaying exponential, and relate these functions to the model.

Compose functions. For example, if T(y) is the temperature in the atmosphere as a function of height, and h(t) is the height of a weather balloon as a function of time, then T(h(t)) is the temperature at the location of the weather balloon as a function of time.

M.QR.20

Interpret the rate of change and the constant term of a linear model in the context of the data. Use technology to compute and interpret the correlation coefficient of a linear fit.

Summarize, represent, and interpret data on two categorical and quantitative variables.

M.QR.21

Summarize categorical data for two categories in two-way frequency tables. Interpret relative frequencies in the context of the data (including joint, marginal, and conditional relative frequencies). Recognize possible associations and trends in the data.

Summarize, represent, and interpret data on a single count or measurement variable.

M.QR.22

Select applicable representations to display data on the real number line (e.g., dot plots, histograms, and box plots).

M.QR.23

Use statistics appropriate to the shape of the data distribution to compare center (median, mean) and spread (interquartile range, standard deviation only as a tool to describe spread and not to explicitly find standard deviation) of two or more different data sets.

M.QR.24

Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers).

Perform statistical analysis.

M.QR.25

Create data displays for given data sets to investigate, compare, and estimate center, shape, spread, and unusual features.

Communicate statistical information.

M.QR.26

Report results of statistical studies to a particular audience, including selecting an appropriate presentation format, creating graphical data displays, and interpreting results in terms of the question studied.

M.QR.27

Communicate statistical results in both oral and written formats using appropriate statistical and nontechnical language.

Analyze information using probability and counting.

M.QR.28

Use the Fundamental Counting Principle, permutations and combinations to determine all possible outcomes for an event; determine probability and odds of a simple event; explain the significance of the Law of Large Numbers.

M.QR.29

Determine and interpret conditional probabilities and probabilities of compound events by constructing and analyzing representations, including tree diagrams, Venn diagrams, two-way frequency tables, and area models, to make decisions in problem situations.

Use probability to evaluate outcomes and manage uncertainty.

M.QR.30

Use probabilities to make and justify decisions about risks in everyday life.

M.QR.31

Calculate expected value to analyze mathematical fairness, payoff, and rise.

Understand independence and conditional probability and use them to interpret data.

M.QR.32

Describe events as subsets of a sample space using characteristics of the outcomes or as unions, intersections, or complements of other events.

M.QR.33

Understand that two events A and B are independent if the probability of A and B occurring together is the product of their probabilities. Use this characterization to determine if they are independent.

M.QR.34

Recognize the conditional probability of A given B as P(A and B)/P(B), and interpret independence of A and B as saying that the conditional probability of A given B is the same as the probability of A, and the conditional probability of B given A is the same as the probability of B.

M.QR.35

Construct and interpret two-way frequency tables of data when two categories are associated with each object being classified. Use the two-way table as a sample space to decide if events are independent and to approximate conditional probabilities.

M.QR.36

Recognize and explain the concepts of conditional probability and independence in everyday language and everyday situations.

Use the rules of probability to compute probabilities of compound events in a uniform probability model.

M.QR.37

Find the conditional probability of A given B as the fraction of B’s outcomes that also belong to A and interpret the answer in terms of the model.

M.QR.38

Apply the Addition Rule, P(A or B) = P(A) + P(B) – P(A and B) and interpret the answer in terms of the model.

M.QR.39

Apply the general Multiplication Rule in a uniform probability model, P(A and B) = P(A)P(B|A) = P(B)P(A|B) and interpret the answer in terms of the model.

M.QR.40

Use permutations and combinations to compute probabilities of compound events and solve problems.

M.QR.41

Use probabilities to make fair decisions.

M.QR.42

Analyze decisions and strategies using probability concepts.

Mathematics – Statistics West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Knowledge of topics related to probability and statistics is critical to decision-making and to the analysis of data. The Statistics course is designed to be a full-year course that addresses all standards and provides an opportunity to address the fundamental ideas and most commonly used techniques to organize and make sense of data. This course builds on knowledge of probability, randomness, and variability to provide students with an understanding of experimental design, estimation, hypothesis testing, and effective communication of experimental results. Using concepts of probability and statistics, students predict the likelihood of an event occurring, organize and evaluate data, and identify the significance of statements. Students investigate types of probability, determine probability and odds using multiple counting principles and distributions, and apply the concepts to real-world problems. Statistical information collected and analyzed by students is used to investigate ways of collecting, displaying, and analyzing data. Students analyze and justify using statistical concepts to test validity of a hypothesis and of correlation as applied in real-world situations. Students identify a real-world situation that involves statistical concepts, make a hypothesis as to the outcome; develop, justify, and implement a method to collect, organize, and analyze data; generalize the results to make a conclusion, compare the hypothesis and the conclusion; present their findings using predictive and analytic tools in a clear and concise manner. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Given a two-way table of relative frequencies that summarizes survey data, relate a person’s highest level of education and their role model to determine if a person whose highest level of education is a bachelor’s degree is more likely to have a family member than a stranger as a role model.

A cereal company is putting a prize in each box of cereal. The company is offering four different and evenly distributed prizes. How many boxes should one expect to need to buy to get all four prizes?

Probability Distributions Correlation and Regression The heights of five women are measured to be 63 inches, 68 inches, 56 inches, 64 inches, and 67 inches. Determine the expected value of the height of a randomly chosen woman.

A random sample of beef hotdogs was taken and the amount of sodium (in mg) and calories were measured. Use the provided information and the regression equation to determine the amount of sodium in a beef hotdog with 170 calories and in a beef hotdog with 120 calories. Which of the calculated sodium levels is closer to the true sodium level? Why?

Confidence Intervals Hypothesis Testing with One Variable Alyssa has over 500 songs saved on her phone. She wants to estimate the proportion of songs by a female artist. After taking a simple random sample of 50 songs, she finds that 20 of the sampled songs are by a female artist. Determine a 99% confidence interval for the proportion of songs on her phone that are by a female artist.

Ellen has a pair of dogs and she noticed that they seem to breed more male puppies than female puppies. In the next litter of 12 puppies, there were 9 male puppies. Test the hypothesis that each puppy has an equal chance of 50% of being either male or female versus the alternative that the chance of a male puppy is greater. Look at the results of 1000 simulations, each simulating 12 puppies with a 50% chance of being male or female. According to the simulations, what is the probability of having 9 male puppies or more out of 12? If the observed outcome has a probability less than 1% under the tested hypotheses, reject the hypothesis. What should be concluded regarding the hypothesis?

Statistical Inference A researcher wants to know if the children from three schools have equal mean IQ scores. Each school enrolls 1000 students. But there is neither the time nor funding to test all 3000 students. Based on a simple random survey of 10 students from each school, perform and analyze an ANOVA test.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Statistics:

Summarize, represent, and interpret data on single count or measurement variable.

Standards 1-8 Understand independence and conditional probability and use them to interpret data.

Standards 9-17 Probability Distributions Calculate expected values and use them to solve problems.

Standards 18-24 Correlation and Regression Standards 25-27 Confidence Intervals Determine and interpret confidence intervals.

Standards 28-33 Hypothesis Testing with One Variable Use hypothesis testing in making and interpreting decisions.

Standards 34-42 Statistical Inference Determine and use correlation.

Standards 43-46 Use linear regression to predict and interpret.

Standards 47-51 Use statistical tests to determine a relationship.

Standards 52-57 Summarize, represent, and interpret data on single count or measurement variable.

M.PS.1

Recognize the purposes of and differences among sample surveys, experiments, and observational studies; explain how randomization relates to each.

M.PS.2

Use data from a sample survey to estimate a population mean or proportion; develop a margin of error through the use of simulation models for random sampling.

M.PS.3

Use data from a randomized experiment to compare two treatments; use simulations to decide if differences between parameters are significant.

M.PS.4

Evaluate reports based on data. Write a function that describes a relationship between two quantities.

M.PS.5

Represent data with plots on the real number line (dots plots, histograms, and box plots).

M.PS.6

Use statistics appropriate to the shape of the data distributions to compare center and spread of two or more different data sets. Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers).

M.PS.7

Construct and interpret two-way frequency tables of data when two categories are associated with each object being classified. Use the two-way table as a sample space to decide if events are independent and to approximate conditional probabilities.

M.PS.8

Summarize categorical data for two categories in two-way frequency tables. Interpret relative frequencies in the context of the data (including joint, marginal, and conditional relative frequencies). Recognize possible associations and trends in the data.

Understand independence and conditional probability and use them to interpret data.

M.PS.9

Describe events as subsets of a sample space (the set of outcomes) using characteristics (or categories) of the outcomes, or as unions, intersections, or complements of other events (“or,” “and,” “not”).

M.PS.10

Understand that two events A and B are independent if the probability of A and B occurring together is the product of their probabilities and use this characterization to determine if they are independent.

M.PS.11

Recognize the conditional probability of A given B as P(A and B)/P(B), and interpret independence of A and B as saying that the conditional probability of A given B is the same as the probability of A, and the conditional probability of B given A is the same as the probability of B.

M.PS.12

Construct and interpret two-way frequency tables of data when two categories are associated with each object being classified. Use the two-way table as a sample space to decide if events are independent and to approximate conditional probabilities. For example, collect data from a random sample of students in your school on their favorite subject among math, science, and English. Estimate the probability that a randomly selected student from your school will favor science given that the student is in tenth grade. Do the same for other subjects and compare the results.

M.PS.13

Recognize and explain the concepts of conditional probability and independence in everyday language and everyday situations. For example, compare the chance of having lung cancer if you are a smoker with the chance of being a smoker if you have lung cancer.

M.PS.14

Find the conditional probability of A given B as the fraction of B’s outcomes that also belong to A and interpret the answer in terms of the model.

M.PS.15

Apply the Addition Rule, P(A or B) = P(A) + P(B) – P(A and B) and interpret the answer in terms of the model.

M.PS.16

Apply the general Multiplication Rule in a uniform probability model, P(A and B) = P(A)P(B|A) = P(B)P(A|B) and interpret the answer in terms of the model.

M.PS.17

Use permutations and combinations to compute probabilities of compound events and solve problems.

Probability Distributions Calculate expected values and use them to solve problems.

M.PS.18

Define a random variable for a quantity of interest by assigning a numerical value to each event in a sample space; graph the corresponding probability distribution using the same graphical displays as for data distributions.

M.PS.19

Calculate the expected value of a random variable; interpret it as the mean of the probability distribution.

M.PS.20

Develop a probability distribution for a random variable defined for a sample space in which theoretical probabilities can be calculated to find the expected value.

M.PS.21

Develop a probability distribution for a random variable defined for a sample space in which probabilities are assigned empirically to find the expected value.

M.PS.22

Weight the possible outcomes of a decision by assigning probabilities to payoff values and finding expected values (e.g., find the expected payoff for a game of chance).

M.PS.23

Evaluate and compare strategies on the basis of expected values.

M.PS.24

Analyze decisions and strategies using probability concepts.

Correlation and Regression M.PS.25 Represent data on two quantitative variables on a scatter plot and describe how the variables are related.

Fit a function to the data; use functions fitted to data to solve problems in the context of the data. Use given functions or choose a function suggested by the context. Emphasize linear and exponential models.

Informally assess the fit of a function by plotting and analyzing residuals. Focus should be on situations for which linear models are appropriate.

Fit a linear function for scatter plots that suggest a linear association.

M.PS.26

Interpret the rate of change and the constant term of a linear model in the context of the data. Use technology to compute and interpret the correlation coefficient of a linear fit. Instructional Note: The focus here is on the computation and interpretation of the correlation coefficient as a measure of how well the data fit the relationship.

M.PS.27

Confidence Intervals Determine and interpret confidence intervals.

M.PS.28

Find the point estimate and margin of error in a given scenario.

M.PS.29

Construct and interpret confidence intervals for the population mean.

M.PS.30

Determine minimum sample size requirements when estimating mean, µ (population proportion).

M.PS.31

Interpret the t-distribution and use t-distribution table in real-world scenarios.

M.PS.32

Construct confidence intervals when the sample size, n, is less than 30, population is normally distributed, and standard deviation, σ, is unknown.

M.PS.33

Interpret the chi-square distribution and use chi-square distribution table. Use the chi-square distribution to construct a confidence interval for the variance and standard deviation.

Hypothesis Testing with One Variable Use hypothesis testing in making and interpreting decisions.

M.PS.34

Interpret a hypothesis test; state a null hypothesis and an alternative hypothesis.

M.PS.35

Identify Type I and Type II errors and interpret the level of significance.

M.PS.36

Use one-tailed and two-tailed statistical tests to find p-value.

M.PS.37

Make and interpret decisions on comparing two hypotheses based on results of a statistical test. Write a claim for a hypothesis test.

M.PS.38

Find probability values and test for mean. Use in a z-test.

M.PS.39

Find critical values and rejection regions in a normal distribution. Use rejection regions for a z-test.

M.PS.40

Find critical values in a t-distribution and use the t-test to test a mean.

M.PS.41

Use the z-test to test a population proportion, p.

M.PS.42

Find critical values for chi squared test. Use the chi squared test to test a variance or a standard deviation.

Statistical Inference Determine and use correlation.

M.PS.43

Find a correlation coefficient.

M.PS.44

Test a population correlation coefficient using a table.

M.PS.45

Perform a hypothesis test for a population correlation coefficient.

M.PS.46

Use linear regression to predict and interpret.

M.PS.47

Find the equation of a regression line; predict y-values using a regression line.

M.PS.48

Interpret the types of variation about a regression line.

M.PS.49

Find and interpret the coefficient of determination.

M.PS.50

Find and interpret the standard error of estimate for a regression line; construct and interpret a prediction interval for y.

M.PS.51

Use technology to find a multiple regression equation, the standard error of estimate, and the coefficient of determination.

Use statistical tests to determine a relationship.

M.PS.52

Use a contingency table to find expected frequencies.

M.PS.53

Use the chi-squared distribution to test whether a frequency distribution fits a claimed distribution and to test whether two variables are independent.

M.PS.54

Interpret the F-distribution and use an F-table to find critical values.

M.PS.55

Perform a two-sample F-test to compare two variances.

M.PS.56

Perform a two-sample F-test to compare two variances. Interpret the F-distribution and use an F-table to find critical values.

M.PS.57

Use one-way analysis of variance to test claims involving three or more means. Introduce two-way analysis of variance.

Mathematics – Introduction to Mathematical Applications West Virginia teachers who provide mathematics instruction must integrate content standards with the MHM. Introduction to Mathematical Applications will solidify their quantitative literacy by enhancing numeracy and problem-solving skills as they investigate and use fundamental concepts of algebra, geometry, and statistical analysis to apply to authentic career projects and scenarios. The MHM, which should be integrated in these content areas, include: making sense of problems and persevering in solving them; reasoning abstractly and quantitatively; constructing viable arguments and critiquing the reasoning of others; modeling with mathematics; using appropriate tools strategically; attending to precision; looking for and making use of structure; and looking for and expressing regularity in repeated reasoning. Students will continue developing mathematical proficiency in a developmentally-appropriate progression of standards. Continuing the skill progressions from previous courses, the following chart represents the mathematical understandings that will be developed:

Number and Quantity Algebra: Seeing Structure in Expressions Develop an understanding of basic operations, equivalent representations, and properties of the real number system.

Create equations or inequalities that model physical situations.

Functions: Interpreting Functions Geometry/Trigonometry Develop knowledge and understanding of the concept of functions as they use, analyze, represent, and interpret functions and their applications.

Solve application problems by calculating area or surface area in a two-dimensional object or volume in three-dimensional objects.

Understand and apply the Pythagorean Theorem for solving real-world problems (e.g., checking accuracy on gate construction, conduit bending).

Statistics: Interpreting Categorical & Quantitative Data Create and use two- and three-dimensional representations of authentic situations in problem solving.

Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

Analyze and interpret tables, charts, and graphs (e.g., interpret a body mass index (BMI) chart).

Finance Mathematics Determine, represent, and analyze mathematical models for personal finance.

The following Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Introduction to Mathematical Applications:

Number and Quantity Mathematics and Measurement.

Standards 4-7 The Real Number System.

Standards 8-9 Algebra: Seeing Structure in Expressions Understand the connections between proportional relationships, lines, and linear equations.

Standards 10-11 Standards 12-15 Standard 16 Functions: Interpreting Functions Standard 17 Standards 18-20 Standards 21-22 Geometry/Trigonometry Visualize relationships between two-dimensional and three-dimensional objects and apply geometric concepts in modeling situations.

Standards 23-24 Use geometric theorems and formulas to solve problems.

Standards 25-29 Concrete geometric representation (physical modeling).

Standards 30-31 Summarize, represent, and interpret data on two quantitative variables.

Standards 32-34 Statistics and Probability: Interpreting Categorical & Quantitative Data Summarize, represent, and interpret data on a single count or measurement variable.

Standards 35-39 Finance Mathematics Standards 40-41 Personal use of finance.

Standards 42-43 Number and Quantity M.IMA.1 Demonstrate reasoning skills in developing, explaining, and justifying sound mathematical arguments and analyzing the soundness of mathematical arguments of others.

M.IMA.2

Communicate with and about mathematics orally and in writing as part of independent and collaborative work, including making accurate and clear presentations of solutions to problems.

M.IMA.3

Use units to understand problems and to guide the solutions of multi-step problems; choose and interpret units consistently in formulas; choose and interpret the scale and the origin in graphs and data displays.

Mathematics and Measurement.

M.IMA.4

Select and correctly use an appropriate tool (e.g., tape measure, ruler, compass, level, micrometer, scale, protractor, thermometer, speedometer, odometer, pressure gauge, measuring squares, multimeter) to measure and/or calculate lengths, distances, directions, masses, temperatures, rates of change (e.g., slope, speed), areas, volumes, voltages, currents, and resistances.

M.IMA.5

Choose a level of accuracy appropriate to limitations on measurement when reporting quantities.

M.IMA.6

Solve real-world problems requiring conversion of units using dimensional analysis for measurements in English and metric systems. Solve problems involving multiple units of measurement (e.g., converting between currencies, calculating dosages of medicine, trip planning from miles to kilometers).

M.IMA.7

Distinguish between proportional and non-proportional situations, apply proportional reasoning when appropriate, solve for an unknown quantity in proportional situations; apply scale factors to perform indirect measurements using maps, blueprints, concentrations, dosages, and densities.

The Real Number System.

M.IMA.8

Perform operations and convert quantities between fractions, decimals, and percents using positive and negative numbers, fractions, absolute value, decimals, percentages, and scientific notation (e.g., given the cost of a project, determine what percentage of the budget were salaries; percent of increase/decrease).

M.IMA.9

Solve real-world problems in a variety of contexts by representing quantities in equivalent forms (fractions, decimals, and percentages) to investigate and describe quantitative relationships. Compare the size of numbers in different forms arising in authentic real-world contexts, such as growth expressed as a fraction versus as a percentage. Interpret the meaning of numbers in different forms, such as scientific notation and the meaning of a fraction or percentage greater than 100 and its validity in a given context. Recognize incorrect or deceptive uses of fractions, decimals, or percentages.

Algebra – Seeing Structure in Expressions Understand the connections between proportional relationships, lines, and linear equations.

M.IMA.10

Graph proportional relationships, interpreting the unit rates as the slope of the graph. Compare two different proportional relationships represented in different ways. For example, compare a distance-time graph to a distance-time equation to determine which of two moving objects has greater speed (e.g., labor cost per time, material cost per job).

M.IMA.11

Solve application problems using direct and inverse variation equations (e.g., determine the mechanical advantage of gears, Ohm’s Law).

M.IMA.12

Analyze real-world problem situations and use variables to construct and solve equations involving one or more unknown or variable quantities to answer questions about the situations, such as creating spreadsheet formulas to calculate prices based on percentage mark-up or solving formulas for specified values. Demonstrate understanding of the meaning of a solution. Identify when there is insufficient information given to solve a problem.

M.IMA.13

Analyze real-world problem situations and use variables to construct and solve equations and inequalities in one variable, representing linear, exponential, and simple rational functions (e.g., using spreadsheet functions, determine sale price of items).

M.IMA.14

Create equations in two or more variables to represent relationships between quantities; graph equations on coordinate axes with labels and scales (e.g., profit vs. number of units, cost vs. number of units, resistance vs. current).

M.IMA.15

Rearrange formulas to highlight a quantity of interest, using the same reasoning as in solving equations (e.g., rearrange Ohm’s law V = IR to highlight resistance R).

M.IMA.16

Solve systems of linear equations exactly and approximately (e.g., with graphs), focusing on pairs of linear equations in two variables (e.g., childcare facility – sq. footage to number of children; solving electrical current in a circuit with multiple paths, break-even point).

Functions – Interpreting Functions M.IMA.17 Use multiple representations of functions to recognize that a function from one set (called the domain) to another set (called the range) assigns to each element of the domain exactly one element of the range. Develop function notation utilizing the definition of a function to represent situations both algebraically and graphically.

M.IMA.18

Interpret the parameters in a linear function in terms of a context.

M.IMA.19

Interpret the equation y = mx + b as defining a linear function, whose graph is a straight line; give examples of functions that are not linear.

M.IMA.20

Describe qualitatively the functional relationship between two quantities by analyzing a graph.

M.IMA.21

Represent application problems as linear equations. Write a function that describes a relationship between two quantities (e.g., level of education versus pay; rate of speed versus fuel consumption; caloric intake versus expenditure).

M.IMA.22

Recognize that the graph of a linear or exponential equation in two variables is the set of all its solutions plotted in the coordinate plane.

Geometry/Trigonometry Visualize relationships between two dimensional and three-dimensional objects and apply geometric concepts in modeling situations.

M.IMA.23

Identify the shapes of two-dimensional cross-sections of three-dimensional objects, and identify three-dimensional objects generated by rotations of two-dimensional objects (e.g., three-view drawings and blueprints).

M.IMA.24

Use two- and three-dimensional shapes and circles, their measures, and their properties to describe objects.

Apply concepts of density based on area and volume in modeling situations.

Apply geometric methods to solve design problems to satisfy given constraints (e.g., designing an object or structure to satisfy physical constraints or minimize cost; working with topographic grid systems based on ratios).

Use geometric theorems and formulas to solve problems.

M.IMA.25

Explore theorems about triangles to solve real-world application problems.

M.IMA.26

Understand and apply the Pythagorean Theorem for solving real-world problems (e.g., checking accuracy on gate construction, conduit bending, roof pitch). Instructional Note: If students have had experience and exposure to right triangle trigonometry, extend this standard to apply trigonometric ratios and special right triangle relationships, 30-60-90 and 45-45-90, to solve right triangles in applied problems.

M.IMA.27

Solve application problems by calculating area and surface area for two-dimensional objects (e.g., calculate the cost of installing flooring in a building and painting the interior and exterior of a building based on square footage).

M.IMA.28

Solve application problems by calculating volume for three-dimensional objects using formulas for cylinders, pyramids, prisms, cones, and spheres (e.g., compute amount of cement needed for a sidewalk, amount of water in a fire hose, amount of air in ductwork).

M.IMA.29

Solve application problems by calculating circumference, area, radius, diameter, area of sector, arc length of a circle with appropriate unit labels (e.g., develop a circular watering system).

Concrete geometric representation (physical modeling)

M.IMA.30

Create and use two- and three-dimensional representations of authentic situations using paper techniques or dynamic geometric environments for computer-aided design and other applications.

M.IMA.31

Gather data, conduct investigations, and apply mathematical concepts and models to solve problems (e.g., designing and building a house or a car).

Summarize, represent, and interpret data on two quantitative variables.

M.IMA.32

Collect numerical bivariate data; represent data on two quantitative variables on a scatter plot; determine whether or not a relationship exists; if so, describe how the variables are related and select a function to model the data, justify the selection and use the model to make predictions (e.g., cost of the materials for a construction project, cost of the labor for a project, cost and value of a vehicle based on depreciation).

M.IMA.33

For scatter plots that suggest a linear association, informally fit a straight line, and informally assess the model fit by judging the closeness of the data points to the line. Interpret the rate of change and the constant term of a linear model in the context of the data.

M.IMA.34

Identify positive and negative correlations (e.g., vehicle depreciation). Use technology to compute and interpret the correlation coefficient of a linear fit. Instructional Note: The focus here is on the computation and interpretation of the correlation coefficient as a measure of how well the data fit the relationship.

Statistics and Probability: Interpreting Categorical & Quantitative Data Summarize, represent, and interpret data on a single count or measurement variable.

M.IMA.35

Select applicable representations to display data on the real number line (e.g., dot plots, histograms, and box plots).

M.IMA.36

Analyze and interpret tables, charts, and graphs (e.g., interpret a body mass index (BMI) chart).

M.IMA.37

Use statistics appropriate to the shape of the data distribution to compare center (median, mean) and spread (interquartile range, standard deviation only as a tool to describe spread and not to explicitly find standard deviation) of two or more different data sets.

M.IMA.38

Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers).

M.IMA.39

Finance Mathematics Understanding financial models.

M.IMA.40

Determine, represent, and analyze mathematical models for loan amortization and the effects of different payments and/or finance terms (e.g., business loans, auto, mortgage, and/or credit card).

M.IMA.41

Determine, represent, and analyze mathematical models for investments involving simple and compound interest with and without additional deposits (e.g., savings accounts, bonds, and/or certificates of deposit).

Personal use of finance.

M.IMA.42

Research, develop, and analyze personal budgets based on given parameters (e.g., fixed and discretionary expenses, insurance, gross vs. net pay, types of income, wage, salary, commission, career choice, geographic region, retirement, and/or investment planning).

M.IMA.43

Research and analyze taxes including payroll, sales, personal property, real estate, and income tax returns.

Appendix A: High School Mathematics I and Mathematics II Standards High School Mathematics I Standards Algebra I Standards Geometry Standards M.A1HS.1 M.A1HS.2 M.A1HS.3 M.A1HS.4 M.A1HS.5 M.A1HS.7 M.A1HS.8 M.A1HS.9 M.A1HS.10 M.A1HS.12 M.A1HS.13 M.A1HS.14 M.A1HS.16 M.A1HS.17 M.A1HS.18 M.A1HS.19 M.A1HS.20 M.A1HS.21 M.A1HS.22 M.A1HS.23 M.A1HS.24 M.A1HS.25 M.A1HS.26 M.A1HS.27 M.A1HS.28 M.A1HS.29 M.A1HS.30 M.A1HS.31 M.A1HS.32 M.A1HS.33 M.A1HS.34 M.A1HS.35 M.A1HS.36 M.A1HS.37 M.GHS.1 M.GHS.2 M.GHS.3 M.GHS.4 M.GHS.5 M.GHS.6 M.GHS.7 M.GHS.8 M.GHS.9 M.GHS.10 M.GHS.11 M.GHS.12 M.GHS.13 M.GHS.16 High School Mathematics II Standards Algebra I Standards Geometry Standards M.A1HS.1 M.A1HS.2 M.A1HS.5 M.A1HS.6 M.A1HS.11 M.A1HS.15 M.A1HS.22 M.A1HS.23 M.A1HS.24 M.A1HS.25 M.A1HS.26 M.A1HS.28 M.A1HS.29 M.GHS.14 M.GHS.15 M.GHS.16 M.GHS.17 M.GHS.18 M.GHS.19 M.GHS.20 M.GHS.21 M.GHS.22 M.GHS.23 M.GHS.24 M.GHS.25 M.GHS.26 M.GHS.27 M.GHS.28 M.GHS.29 M.GHS.30 M.GHS.31 M.GHS.32 M.GHS.33 M.GHS.34 M.GHS.35 M.GHS.36 M.GHS.37 M.GHS.38 M.GHS.39 M.GHS.40 M.GHS.41 M.GHS.42 M.GHS.43 M.GHS.44 M.GHS.45 M.GHS.46 M.GHS.47 M.GHS.48

Appendix B: High School Algebra I for 8th Grade or High School Mathematics I for 8th Grade To ensure students are provided the opportunity to master the standards found in Mathematics 8, when offering high school mathematics credit during the middle school experience, county boards of education must submit a plan to the West Virginia Department of Education’s Office of Teaching and Learning indicating the integration of grade 7, grade 8, and High School Algebra I/Mathematics I standards into their county-wide middle school mathematics programs. This plan will allow middle schools to offer credit-bearing high school courses in either High School Algebra I or High School Mathematics I to 8th grade students while ensuring students are taught grade 8 standards during middle school.

Series 044CC West Virginia College- and Career-Readiness Standards for Science (Policy 2520.3C)

W. Va. Code R. § 126-44CC-1 General

1.1. Scope. -- W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.3C defines the content standards for science as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code §18-2-5 and §18-9A-22.

1.3. Filing Date. -- August 16, 2021.

1.4. Effective Date. -- July 1, 2022.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR44CC, Policy 2520.3C, Next Generation Content Standards and Objectives for Science in West Virginia Schools, filed April 9, 2015, and effective July 1, 2016.

W. Va. Code R. § 126-44CC-2 Purpose

2.1. This policy defines the content standards and College- and Career-Readiness Indicators for the program of study required by Policy 2510 in science. The period of time between the adoption date and the effective date of the policy will allow time for the adoption of instructional materials and the administration of professional development and support to educators.

W. Va. Code R. § 126-44CC-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards for Science is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education, Office of Teaching and Learning, Middle and Secondary Services.

W. Va. Code R. § 126-44CC-4 Summary of the Content Standards

4.1. The West Virginia Board of Education has the responsibility of establishing high quality standards pertaining to all educational standards (W. Va. Code §18-9A-22). The content standards provide focus for teachers to teach and students to learn the skills and competencies essential for future success in the workplace and further education. The document includes content standards for science, an explanation of terms, and College- and Career-Readiness Indicators that reflect a rigorous and challenging curriculum.

W. Va. Code R. § 126-44CC-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

College- and Career-Readiness Standards for Science Introduction West Virginia’s College- and Career-Readiness Standards have been developed with the goal of preparing students for a wide range of high-quality post-secondary opportunities. Specifically, college- and career‑readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The West Virginia College- and Career-Readiness Standards establish a set of knowledge and skills that all individuals need to transition into higher education or the workplace, as both realms share many expectations. All students throughout their educational experience should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

West Virginia educators, including regular classroom teachers, instructors representing higher education institutions, and county instructional leaders convened to revise the content standards; they played a key role in shaping the content standards to align with rigorous national assessments. The committees considered major advances in science and technology, research from the American Association for Advancement in Science, the National Research Council in addition to their understanding of how students learn science as decisions were made regarding science content, practices of scientists and engineers, science connecting concepts, the nature of science, science literacy, science lab safety, and the sequencing of standards. The contribution of these professionals was critical in creating a policy that is meaningful to classroom teachers and appears in a format that can easily be understood and used.

West Virginia’s College- and Career-Readiness Standards for Science are organized around the two major components of a standards-based curriculum: learning standards and College- and Career-Readiness Indicators for Science. The learning standards are the descriptions of what all students must know and be able to do at the conclusion of the instructional sequence. The College- and Career-Readiness Indicators establish a set of knowledge and skills that all students need throughout their educational experience.

Science learning standards address science content, science practices, and engineering design. The accompanying programmatic level science indicators are specific descriptors of knowledge, skills, practices, and attitudes that, when mastered, will enable students to attain each standard. The instructional standards guide instructional planning and provide a basis for determining appropriate instructional strategies, resources, and assessments.

There is a deliberate sequencing of standards, based on programmatic level, to ensure students will develop skills to acknowledge and distinguish claim(s) from alternate or opposing claims, support arguments for claims or counterclaims with evidence, and communicate about science related topics and issues in a knowledgeable, clear, and objective manner. In combination, the use of learning standards and College- and Career-Readiness Indicators for Science become a comprehensive guide for delivering a rigorous and relevant science curriculum to all West Virginia students. These elements, when used to guide the instructional process and delivered with the creativity and instructional expertise of West Virginia teachers, will become a powerful resource for preparing students to be scientifically literate and prepared for college and/or career pathways.

Explanation of Terms Domains. Include the four main subject areas of Life Science, Earth and Space Science, Physical Science, and Engineering, Technology, and Applications of Science.

Indicators. A set of knowledge and skills that all students need to transition into higher education or the workplace.

Topics. Categorical groupings of central ideas within each science course.

Standards. Expectations of what students should know and be able to do in a content area and represent educational goals. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Numbering of Standards The number for each standard is composed of three parts, each part separated by a period: the content area code is S for Science, the grade level or high school course, and the standard number.

Examples:

S.8.1 refers to science standard #1 for grade 8.

S.HAP.1 refers to science standard #1 for Human Anatomy and Physiology.

Abbreviations Content Area S Science Course Content ESS Earth and Space Science Content B Biology Content PS Physical Science Content C Chemistry Content P Physics Content ENV Environmental Content FS Forensics Science Content HAP Human Anatomy and Physiology Content Indicators for Science Science is the study of the structures and processes of the physical and natural world through observations and experiments. By its very nature, science embodies the doing of science and engineering practices which builds and organizes knowledge in the form of testable explanations, predictions about the universe, and technological applications. The science policy describes students engaging in those practices as they acquire science knowledge and skills necessary for the furtherance of their education, careers, and general welfare.

The grades K - 12 standards on the following pages define what students should know, understand, and be able to do by the end of each grade band. They correspond to the College- and Career-Readiness Indicators for Science by programmatic level (K - 2, 3 - 5, 6 - 8, and 9 - 12). The College- and Career-Readiness Indicators and grade-specific standards are necessary complements- the former providing broad standards, the latter providing additional specificity- that together define the skills and understandings that all students must demonstrate.

Literacy strategies and skills are applied as students acquire information and communicate their learning and understanding of science. Integration of literacy in science is critical for student success. It is essential that literacy strategy and skill instruction be purposefully and appropriately planned and embedded within science instruction.

Science Content K – 12 Earth and Space Science content provides opportunities for students to investigate processes that operate on Earth and address its place in the solar system and the galaxy. The content encompasses three central ideas: Earth’s Place in the Universe; Earth’s Systems; and Earth and Human Activity. Beginning in kindergarten, students make observations, ask questions, and make predictions as they describe patterns in their local Weather and Climate. In later grades, the content progresses to include these topics: Space Systems: Patterns and Functions, Stars and the Solar System; Earth Systems: Processes that Shape the Earth; History of Earth; and Human Impacts. Elementary students observe and investigate matter and processes in their own yards and neighborhoods with their own eyes. The content continues in the grades that follow to include investigations of invisibly small phenomena to the unimaginably large and distant. As students investigate the atmosphere, hydrosphere, geosphere, and biosphere, they gain an understanding of the different sources of energy, matter cycles, multiple systems’ interconnections, and feedback which cause Earth to change over time.

Life science content focuses on patterns, processes, and relationships of living organisms. The content includes four central ideas: From Molecules to Organisms: Structures and Processes; Ecosystems: Interactions, Energy, and Dynamics; Heredity: Inheritance and Variation of Traits across Generations; and Biological Evolution: Unity and Diversity. These four central ideas, which represent basic life science fields of investigation - structures and processes in organisms, ecology, heredity, and evolution - have a long history and solid foundation based on the research evidence established by many scientists working across multiple fields. Beginning in kindergarten, curious learners explore Animals, Plants, and Their Environment as they learn of the Interdependent Relationships in Ecosystems. In the grades which follow, the inquiry continues as the content encompasses these topics: Structure, Function, and Information Processing; Inheritance and Variation of Traits: Life Cycles and Traits; Matter and Energy in Organisms and Ecosystems; and Growth, Development, and Reproduction of Organisms. Investigations include single molecules, organisms, ecosystems, and the entire biosphere that is all life on Earth. Students examine processes that occur on time scales from the blink of an eye to those that happen over billions of years. As they make observations, construct hypotheses, perform experiments, evaluate evidence, build models, and use technology to explore how life works, they prepare to answer questions about themselves and the world around them.

Physical Science content focuses on two subjects, physics and chemistry, presented in a coherent approach that addresses five central ideas: Matter and Its Interactions; Motion and Stability, Forces and Interactions; Energy; and Waves and Their Applications in Technologies for Information Transfer. Beginning in kindergarten, students explore pushes and pulls as an introduction to the Forces and Interactions topic. The inquiry continues through each grade level and includes Light and Sound, Structure and Properties of Matter, Forces and Interactions, Energy, Waves and Information, Matter and Energy in Organisms and Ecosystems, Waves and Electromagnetic Radiation, and Chemical Reactions. An understanding of these topics allows students to answer two fundamental questions - “What is everything made of?” and “Why do things happen?” Students apply these central ideas to explain and predict a wide variety of phenomena, such as the evaporation of water, the transmission of sound, the digital storage and transmission of information, the properties of metals, and photosynthesis, to name just a few. Because such explanations and predictions rely on a basic understanding of matter and energy, students’ abilities to conceive the interactions of matter and energy are central to their science education.

Chemistry Chemistry content focuses on the central concepts: Structure and Properties of Matter and Chemical Reactions. Opportunities are provided for studying in-depth phenomena central to the physical sciences, life science, and earth and space science. The chemistry standards go into greater depth as students progress through grade levels investigating matter, its composition, and its changes by including concepts such as the periodic table and modern theories of bonding, the effects of temperature, concentration, and vapor pressure on solubility, types of chemical reactions, stoichiometry, molarity, and gas laws. The content blends the central ideas with the practices of scientists and engineers and science connecting concepts to support students in developing useable knowledge to explain ideas across the science disciplines. There is an emphasis on several scientific practices, which include developing and using models, planning and conducting investigations, analyzing and interpreting data, using mathematical and computational thinking, and constructing explanations.

Physics Physics content focuses on the central concepts: Forces and Interactions, Energy, States of Matter, Waves and Electromagnetic Radiation, and Electricity and Magnetism. Opportunities are provided for studying in-depth phenomena central not only to the physical sciences but to life science and earth and space science. The physics standards go into greater depth as students progress through grade levels, investigating elastic and inelastic collisions, buoyancy and fluid dynamics, projectile motion, vectors, circuits and currents, and optics. The content blends the central ideas with the practices and science connecting concepts to support students in developing useable knowledge to explain ideas across the science disciplines. There is an emphasis on several scientific practices, including developing and using models, planning and conducting investigations, analyzing and interpreting data, using mathematical and computational thinking, and constructing explanations.

Environmental Science Environmental Science content focuses on chemical, physical, biological, and geological processes, and the interdependent relationships in the natural world. Concepts from the major science domains - Life Science, Physical Science, and Earth and Space Science - are integrated into six environmental topics including: Biogeochemical cycles, Energy Conservation, Ecosystems, Oceans and Climate, Water Management, and Land Use. There is an emphasis on several scientific practices that include developing and using models, planning and conducting investigations, analyzing and interpreting data, constructing explanations, engaging in arguments from evidence, obtaining, evaluating, and communicating information, and synthesizing concepts across various science disciplines. The content provides opportunities for students to develop an understanding of systems of a complex world and the interdependence of organisms along with an appreciation of the ecosystem in which they live. As students develop an awareness of the environment and its associated problems, they acquire knowledge and skills to work individually and collectively toward solutions to current issues and the prevention of new ones.

Forensic Science Forensic Science content applies the knowledge and technology of science to criminal and civil law. Concepts from the three major domains - Life Science, Physical Science, and Earth and Space Science - are reinforced and made relevant and pertinent to students as they acquire techniques and skills and learn the limitations of the modern crime laboratories. There is an emphasis on several scientific practices, which include planning and carrying out investigations, using mathematics and computations, analyzing and interpreting data, and obtaining, evaluating and communicating information. Students must address the attention to detail and protocol necessary for providing impartial scientific evidence that may be used in courts of law to support the prosecution or defense in criminal and civil investigations. These skills and attitudes transfer readily to other areas of science.

Human Anatomy and Physiology Human Anatomy and Physiology content addresses the structures and functions of the human body. While concepts from the Life Science domain are the major focus of study, concepts from the Physical Sciences are incorporated to explain processes and mechanisms of the human body. The interdisciplinary nature of the sciences is revealed through the interdependency of body systems. There is an emphasis on several scientific practices, which include asking questions, developing and using models, constructing explanations, and obtaining and communicating information. The standard encompasses gross and microscopic content, including basic biochemistry and physiological concepts, which are foundational to medical fields of study as students make health-related decisions.

Engineering, Technology, and Applications of Science content provide opportunities for students to utilize science and appreciate the distinctions and relationships between engineering, technology, and applications of science. As Engineering, Technology, and the Application of Science are integrated with content from the three major domains of science - Life Science, Physical Science, and Earth and Space Science - students develop understandings of how scientific knowledge is acquired, scientific explanations are developed, and science is applied in the world around us. The interactive cycle of design offers potential in applying scientific knowledge and engaging in engineering practices. Through instruction that implements this interactive cycle, students gain experiences and understandings in the use of technology to modify the natural world to fulfill human needs or desires; they employ an engineering approach to design objects, use processes, or construct systems to meet human needs and wants; and they apply scientific knowledge for a specific purpose, whether to do more science, design a product, process, or medical treatment, develop new technology, or to predict the impacts of human actions.

Science Indicators Grades K - 2 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, computer science and technology tools. Students in grades K - 2 will advance through a developmentally appropriate progression of standards. The following chart represents the College- and Career-Readiness Indicators for Science that will be developed in grades K - 2.

College- and Career-Readiness Indicators for Science Grades K - 2 Nature of Science Scientific knowledge is simultaneously reliable and subject to change based on empirical evidence and interpretation.

Scientific knowledge is obtained through a combination of observations of the natural world and inferences based on those observations.

Science is a creative human endeavor which is influenced by social and cultural biases.

A primary goal of science is the formation of theories and laws. Theories are inferred explanations of some aspect of the natural world based on successfully tested information from evidence and evaluated phenomena. Laws describe relationships among what has been observed in the natural world.

Scientific investigations use a variety of methods to address questions about the natural and material world.

Practices of Scientists and Engineers Science Connecting Concepts Asking questions and defining problems Developing and using models Planning and carrying out investigations Analyzing and interpreting data Using mathematical and computational thinking Constructing explanations and designing solutions Engaging in argument from evidence Obtaining, evaluating, and communicating information Observing patterns Investigating and explaining cause and effect Recognizing scale, proportion, and quantity Defining systems and system models Tracking energy and matter flows into, out of, and within systems to understand system behavior Determining the relationships between structure and function Studying stability and change Science Literacy Science Lab Safety Utilizing and connecting ideas among informational (factual) scientific texts Integrating and applying information presented in various media formats when writing and speaking Citing evidence to support scientific claims Comparing and contrasting sets of data Building and appropriately using science domain vocabulary and phrases Interpreting and applying visually expressed information (e.g., flowchart, diagram, model, graph, or table)

Requiring lab safety training and archiving signed student safety contracts including medical conditions Wearing proper protective equipment as needed (e.g., goggles, apron, and gloves)

Requiring grade-appropriate lab equipment operation and safety training Storing and disposing of chemical/biological materials properly Following ethical classroom use of living organisms Science - Kindergarten The Kindergarten Science standards are designed to engage students in finding answers to questions related to their interests and the world around them. Kindergarten students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time to develop conceptual understanding and research skills described in the standards and indicators for science. Kindergarten domains include Physical Science, Life Science, and Earth and Space Science. Students are expected to demonstrate age-appropriate proficiency in multiple indicators which include asking questions, dev eloping and using models, planning and carrying out investigations, analyzing and interpreting data, designing solutions, engaging in argument from evidence, and obtaining, evaluating, and communicating information. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course standard and indicators for science. Students are expected to use these practices to demonstrate an understanding of the scientific world. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Forces and Interactions: Pushes and Pulls S.K.1 Plan and conduct an investigation to compare the effects of different strengths or different directions of pushes and pulls on the motion of an object.

S.K.2

Analyze data to determine if a design solution works as intended to change the speed or direction of an object with a push or a pull.* Interdependent Relationships in Ecosystems: Animals, Plants, and Their Environment S.K.3 Use observations to describe patterns of what plants and animals (including humans) need to survive.

S.K.4

Construct an argument supported by evidence for how plants and animals (including humans) can change the environment to meet their needs.

S.K.5

Use a model to represent the relationship between the needs of different plants or animals (including humans) and the places they live.

S.K.6

Communicate solutions that will reduce the impact of humans on the land, water, air, and/or other living things in the local environment.* Weather and Climate S.K.7 Use and share observations of local weather conditions to describe patterns over time.

S.K.8

Ask questions to obtain information about the purpose of weather forecasting to prepare for, and respond to, severe weather. * S.K.9 Make observations to determine the effect of sunlight on Earth’s surface.

S.K.10

Use tools and materials to design and build a structure that will reduce the warming effect of sunlight on an area.* S.K.11 Ask questions, make observations, and gather information about a situation people want to change to define a simple problem that can be solved through the development of a new or improved object or tool.

S.K.12

Develop a simple sketch, drawing, or physical model to illustrate how the shape of an object helps it function as needed to solve a given problem.

S.K.13

Analyze data from tests of two objects designed to solve the same problem to compare the strengths and weaknesses of how each performs.

Science - Grade 1 First Grade Science standards build on the process skills and add data gathering and reporting. Through a progressive rigorous, inquiry-based program of study, all students demonstrate scientific literacy in the domains of Physical Science, Life Science, and Earth and Space Science focusing on the connecting concepts of science: systems, changes, and models. Students will engage in hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course standards and indicators for science. The content develops early problem-solving skills through observing, experimenting, and concluding. First Grade Science intentionally supports developmental and academic growth. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Waves: Light and Sound S.1.1 Plan and conduct investigations to provide evidence that vibrating materials can make sound and that sound can make materials vibrate.

S.1.2

Make observations to construct an evidence-based account that objects can be seen only when illuminated.

S.1.3

Plan and conduct an investigation to determine the effect of placing objects made with different materials in the path of a beam of light.

S.1.4

Use tools and materials to design and build a device that uses light or sound to solve the problem of communicating over a distance.* Structure, Function, and Information Processing S.1.5 Read texts and use media to determine patterns in behavior of parents and offspring that help offspring survive.

S.1.6

Make observations to construct an evidence-based account that young plants and animals are like, but not exactly like, their parents.

S.1.7

Use materials to design a solution to a human problem by mimicking how plants and/or animals use their external parts to help them survive, grow, and meet their needs.* Space Systems: Patterns and Cycles S.1.8 Use observations of the sun, moon, and stars to describe patterns that can be predicted.

S.1.9

Make observations at different times of year to relate the amount of daylight to the time of year.

S.1.10

Ask questions, make observations, and gather information about a situation people want to change to define a simple problem that can be solved through the development of a new or improved object or tool.

S.1.11

Develop a simple sketch, drawing, or physical model to illustrate how the shape of an object helps it function as needed to solve a given problem.

S.1.12

Analyze data from tests of two objects designed to solve the same problem to compare the strengths and weaknesses of how each performs.

Science - Grade 2 Second Grade Science standards build upon the early stages of experimentation and maintenance of natural curiosity. Through a progressive rigorous, integrated approach, the inquiry-based program of study provides students opportunities to demonstrate scientific literacy in the domains of Physical Science, Life Science, and Earth and Space Science focusing on the connecting concepts of science: systems, changes, and models. Students will engage in hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course standards and indicators for science. The content focus develops early problem-solving skills through observing, experimenting, and concluding. Second Grade Science intentionally supports developmental and academic growth. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

S.2.1

Plan and conduct an investigation to describe and classify different kinds of materials by their observable properties.

S.2.2

Analyze data obtained from testing different materials to determine which materials have the properties that are best suited for an intended purpose.* S.2.3 Make observations to construct an evidence-based account of how an object made of a small set of pieces can be disassembled and made into a new object.

S.2.4

Construct an argument with evidence that some changes caused by heating or cooling can be reversed and some cannot.

Interdependent Relationships in Ecosystems S.2.5 Plan and conduct an investigation to determine if plants need sunlight and water to grow.

S.2.6

Develop a simple model that mimics the function of an animal in dispersing seeds or pollinating plants.* S.2.7 Make observations of plants and animals to compare the diversity of life in different habitats.

Earth’s Systems: Processes that Shape the Earth S.2.8 Use information from several sources to provide evidence that Earth events can occur quickly or slowly.

S.2.9

Compare multiple solutions designed to slow or prevent wind or water from changing the shape of the land.* S.2.10 Develop a model to represent the shapes and kinds of land and bodies of water in an area.

S.2.11

Obtain information to identify where water is found on Earth and that it can be solid or liquid.

S.2.12

Ask questions, make observations, and gather information about a situation people want to change to define a simple problem that can be solved through the development of a new or improved object or tool.

S.2.13

Develop a simple sketch, drawing, or physical model to illustrate how the shape of an object helps it function as needed to solve a given problem.

S.2.14

Analyze data from tests of two objects designed to solve the same problem to compare the strengths and weaknesses of how each performs.

Science Indicators Grades 3 - 5 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, computer science and technology tools. Students in grades 3 - 5 will advance through a developmentally appropriate progression of standards. The following chart represents the College- and Career-Readiness Indicators for Science that will be developed in grades 3 - 5.

College- and Career-Readiness Indicators for Science Grades 3 - 5 Nature of Science Scientific knowledge is simultaneously reliable and subject to change based on empirical evidence and interpretation.

Scientific knowledge is obtained through a combination of observations of the natural world and inferences based on those observations.

Science is a creative human endeavor which is influenced by social and cultural biases.

A primary goal of science is the formation of theories and laws. Theories are inferred explanations of some aspect of the natural world based on successfully tested information from evidence and evaluated phenomena. Laws describe relationships among what has been observed in the natural world.

Scientific investigations use a variety of methods to address questions about the natural and material world.

Practices of Scientists and Engineers Science Connecting Concepts Asking questions and defining problems Developing and using models Planning and carrying out investigations Analyzing and interpreting data Using mathematical and computational thinking Constructing explanations and designing solutions Engaging in argument from evidence Obtaining, evaluating, and communicating information Observing patterns Investigating and explaining cause and effect Recognizing scale, proportion, and quantity Defining systems and system models Tracking energy and matter flows into, out of, and within systems to understand system behavior Determining the relationships between structure and function Studying stability and change Science Literacy Science Lab Safety Utilizing and connecting ideas among informational (factual) scientific texts Integrating and applying information presented in various media formats when writing and speaking Citing evidence to support scientific claims Comparing and contrasting sets of data Building and appropriately using science domain vocabulary and phrases Requiring lab safety training and archiving signed student safety contracts including medical conditions Wearing proper protective equipment as needed (e.g., goggles, apron, and gloves)

Requiring grade appropriate lab equipment operation and safety training Storing and disposing of chemical/biological materials properly Interpreting and applying visually expressed information (e.g., flowchart, diagram, model, graph, or table)

Following ethical classroom use of living organisms Science - Grade 3 The Third Grade Science standards build upon problem-solving and experimentation, moving into a more in-depth study of science. Through a progressive rigorous, integrated approach, the inquiry-based program of study provides students opportunities to demonstrate scientific literacy in the domains of Physical Science, Life Science, and Earth and Space Science, focusing on the connecting concepts of science: systems, changes, and models. The content develops early problem-solving skills through observing, experimenting, and concluding. Students will engage in hands-on activities at least 50% of the instructional time developing and demonstrating conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course standards and indicators for science. Third Grade Science intentionally supports developmental and academic growth. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Forces and Interactions S.3.1 Plan and conduct an investigation to provide evidence of the effects of balanced and unbalanced forces on the motion of an object.

S.3.2

Make observations and/or measurements of an object’s motion to provide evidence that a pattern can be used to predict future motion.

S.3.3

Ask questions to determine cause and effect relationships of electric or magnetic interactions between two objects not in contact with each other.

S.3.4

Define a simple design problem that can be solved by applying scientific ideas about magnets.* S.3.5 Support an argument that the gravitational force exerted by Earth on objects is directed toward the center of the Earth.

Interdependent Relationships in Ecosystems S.3.6 Construct an argument that some animals form groups that help members survive.

S.3.7

Construct an argument with evidence that in a particular habitat some organisms can survive well, some survive less well, and some cannot survive at all.

S.3.8

Make a claim about the merit of a solution to a problem caused when the environment changes and the types of plants and animals that live there may change.* Inheritance and Variation of Traits: Life Cycles and Traits S.3.9 Develop models to describe that organisms have unique and diverse life cycles but all have in common birth, growth, reproduction, and death.

S.3.10

Analyze and interpret data to provide evidence that plants and animals have traits inherited from parents and that variation of these traits exists in a group of similar organisms.

S.3.11

Use evidence to support the explanation that traits can be influenced by the environment.

S.3.12

Use evidence to construct an explanation for how the variations in characteristics among individuals of the same species may provide advantages in surviving, finding mates, and reproducing.

Weather and Climate S.3.13 Represent data in tables and graphical displays to describe typical weather conditions expected during a particular season.

S.3.14

Obtain and combine information to describe climates in different regions of the world.

S.3.15

Make a claim about the merit of a design solution that reduces the impacts of a weather-related hazard.* S.3.16 Define a simple design problem reflecting a need or a want that includes specified criteria for success and constraints on materials, time, or cost.

S.3.17

Generate and compare multiple possible solutions to a problem based on how well each is likely to meet the criteria and constraints of the problem.

S.3.18

Plan and carry out fair tests in which variables are controlled and failure points are considered to identify aspects of a model or prototype that can be improved.

Science - Grade 4 Fourth Grade Science standards build on the study of physics and geology. Through a progressive rigorous, integrated approach, the inquiry-based program of study provides students opportunities to demonstrate scientific literacy in the fields of Physical Science, Life Science, and Earth and Space Science focusing on the connecting concepts of science: systems, changes, and models. The content develops basic problem-solving skills through observing, experimenting, and concluding. Students will engage in hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Engineering, Technology, and the Application of Science standards are integrated throughout instruction as students define problems and design solutions related to the course standards and indicators for science. Fourth Grade Science intentionally supports developmental and academic growth. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Energy S.4.1 Use evidence to construct an explanation relating the speed of an object to the energy of that object.

S.4.2

Make observations to provide evidence that energy can be transferred from place to place by sound, light, heat, and electric currents.

S.4.3

Ask questions and predict outcomes about the changes in energy that occur when objects collide.

S.4.4

Apply scientific ideas to design, test, and refine a device that converts energy from one form to another.* Waves: Waves and Information S.4.5 Develop a model of waves to describe patterns in terms of amplitude and wavelength and that waves can cause objects to move.

S.4.6

Generate and compare multiple solutions that use patterns to transfer information.* Structure, Function, and Information Processing S.4.7 Develop a model to describe that light reflecting from objects and entering the eye allows objects to be seen.

S.4.8

Construct an argument that plants and animals have internal and external structures that function to support survival, growth, behavior, and reproduction.

S.4.9

Use a model to describe that animals receive different types of information through their senses, process the information in their brain, and respond to the information in different ways.

Earth’s Systems: Processes that Shape the Earth S.4.10 Identify evidence from patterns in rock formations and fossils in rock layers to support an explanation for changes in a landscape over time.

S.4.11

Analyze and interpret data from fossils to provide evidence of the organisms and the environments in which they lived long ago.

S.4.12

Make observations and/or measurements to provide evidence of the effects of weathering or the rate of erosion by water, ice, wind, or vegetation.

S.4.13

Analyze and interpret data from maps to describe patterns of Earth’s geological features.

S.4.14

Define a simple design problem reflecting a need or a want that includes specified criteria for success and constraints on materials, time, or cost.

S.4.15

Generate and compare multiple possible solutions to a problem based on how well each is likely to meet the criteria and constraints of the problem.

S.4.16

Plan and carry out fair tests in which variables are controlled and failure points are considered to identify aspects of a model or prototype that can be improved.

Science - Grade 5 Fifth Grade Science standards identify, compare, classify, and explain our living and designed worlds. Through a progressive rigorous, integrated approach, the inquiry-based program of study provides students opportunities to demonstrate scientific literacy in the domains of Physical Science, Life Science, and Earth and Space Science focusing on the connecting concepts: systems, changes, and models. The content develops basic problem-solving skills through observing, experimenting, and concluding. Students will engage in hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course standards and indicators for science. Fifth Grade Science intentionally supports developmental and academic growth. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

S.5.1

Make observations and measurements to identify materials based on their properties.

S.5.2

Develop a model to describe that matter is made of particles too small to be seen.

S.5.3

Measure and graph quantities to provide evidence that regardless of the type of change that occurs when heating, cooling, or mixing substances, the total weight of matter is conserved.

S.5.4

Conduct an investigation to determine whether the mixing of two or more substances results in new substances.

Matter and Energy in Organisms and Ecosystems S.5.5 Support an argument that plants get the materials they need for growth chiefly from air and water.

S.5.6

Use models to describe that energy in animals’ food (used for body repair, growth, motion, and maintenance of body warmth) originated as energy from the sun.

S.5.7

Develop a model to describe the movement of matter among plants, animals, decomposers, and the environment.

Earth’s Systems S.5.8 Describe and graph the amounts and percentages of water and fresh water in various reservoirs to provide evidence about the distribution of water on Earth.

S.5.9

Obtain and combine information about ways individual communities use science ideas to protect the Earth’s resources and environment.

S.5.10

Develop a model using an example to describe ways the geosphere, biosphere, hydrosphere, and/or atmosphere interact.

S.5.11

Obtain and combine information to describe that energy and fuels are derived from natural resources and their uses affect the environment.

S.5.12

Generate and compare multiple solutions to reduce the impacts of natural Earth processes on the human population.* Space Systems: Stars and the Solar System S.5.13 Support an argument that differences in the apparent brightness of the sun compared to other stars is due to their relative distances from Earth.

S.5.14

Represent data in graphical displays to reveal patterns of daily changes in length and direction of shadows, day and night, and the seasonal appearance of some stars in the night sky.

S.5.15

Define a simple design problem reflecting a need or a want that includes specified criteria for success and constraints on materials, time, or cost.

S.5.16

Generate and compare multiple possible solutions to a problem based on how well each is likely to meet the criteria and constraints of the problem.

S.5.17

Plan and carry out fair tests in which variables are controlled and failure points are considered to identify aspects of a model or prototype that can be improved.

Science Indicators Grades 6 - 8 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, computer science and technology tools. Students in grades 6 - 8 will advance through a developmentally appropriate progression of standards. The following chart represents the College- and Career-Readiness Indicators for Science that will be developed in grades 6 - 8.

College- and Career-Readiness Indicators for Science Grades 6 - 8 Nature of Science Scientific knowledge is simultaneously reliable and subject to change based on empirical evidence and interpretation.

Scientific knowledge is obtained through a combination of observations of the natural world and inferences based on those observations.

Science is a creative human endeavor which is influenced by social and cultural biases.

A primary goal of science is the formation of theories and laws. Theories are inferred explanations of some aspect of the natural world based on successfully tested information from evidence and evaluated phenomena. Laws describe relationships among what has been observed in the natural world.

Scientific investigations use a variety of methods to address questions about the natural and material world.

Practices of Scientists and Engineers Science Connecting Concepts Asking questions and defining problems Developing and using models Planning and carrying out investigations Analyzing and interpreting data Using mathematical and computational thinking Constructing explanations and designing solutions Engaging in argument from evidence Obtaining, evaluating, and communicating information Observing patterns Investigating and explaining cause and effect Recognizing scale, proportion, and quantity Defining systems and system models Tracking energy and matter flows, into, out of, and within systems to understand system behavior Determining the relationships between structure and function Studying stability and change Science Literacy Science Lab Safety Producing clear and coherent technical writing in which the development, organization and style are appropriate for the science topic Correctly utilizing and explaining visually expressed information (e.g., flowchart, diagram, model, graph, table, or digital mapping technology) in a science narrative.

Appropriately using technical terminology or scientific concepts and processes to create visually expressed information Reading with understanding articles about science in the popular press and engaging in social conversation about the validity of the conclusions Identifying scientific issues underlying national and local decisions and expressing positions that are scientifically and technologically informed Evaluating the quality and validity of scientific information on the basis of its source and the methods used to generate it Requiring student lab safety training and demonstrating appropriate proficiency before participating in lab activities Archiving signed student safety contracts documenting lab safety training and medical contraindications (e.g., allergies, contact lenses, medical conditions)

Wearing proper protective gear as needed (e.g., goggles, apron, and gloves)

Requiring grade appropriate lab equipment operation and safety training Using and following SDS protocols Storing and disposing of chemical/biological materials properly Following ethical classroom uses of living materials/organisms Displaying proper safety signage and laboratory rules in the classroom and lab Science - Grade 6 Sixth Grade Science standards build upon students’ science understanding from earlier grades and provide deeper understandings in eight major content topics: Weather and Climate; Space Systems; Atoms and Elements; Waves and Electromagnetic Radiation; Matter and Energy in Organisms and Ecosystems; Interdependent Relationships in Ecosystems; Human Impacts, and Engineering Design. The standards blend central ideas with the practices of scientists and engineers and science connecting concepts to support students in developing useable knowledge across the science disciplines. There is a focus on multiple indicators, including developing and using models; analyzing and interpreting data; using mathematical and computational thinking; obtaining, evaluating, and communicating information; and engaging in argument from evidence. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course topics. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Interdependent Relationships in Ecosystems S.6.1 Construct an explanation that predicts patterns of interactions among organisms across multiple ecosystems.

S.6.2

Evaluate competing design solutions for maintaining biodiversity and ecosystem services.* Matter and Energy in Organisms and Ecosystems S.6.3 Construct a scientific explanation based on evidence for the role of photosynthesis in the cycling of matter and flow of energy into and out of organisms.

S.6.4

Develop a model to describe how food is rearranged through chemical reactions forming new molecules that support growth and/or release energy as this matter moves through an organism.

S.6.5

Analyze and interpret data to provide evidence for the effects of resource availability on organisms and populations of organisms in an ecosystem.

S.6.6

Develop a model to describe the cycling of matter and flow of energy among living and nonliving parts of an ecosystem.

S.6.7

Construct an argument supported by empirical evidence that changes to physical or biological components of an ecosystem affect populations.

Atoms and Elements S.6.8 Develop models to describe the relationship between atoms and molecules.

S.6.9

Utilize the periodic table as an informational tool to identify elements.

Waves and Electromagnetic Radiation S.6.10 Use mathematical representations to describe a simple model for waves that includes how the amplitude of a wave is related to the energy in a wave.

S.6.11

Develop and use a model to describe that waves are reflected, absorbed, or transmitted through various materials.

S.6.12

Integrate qualitative scientific and technical information to support the claim that digitized signals are a more reliable way to encode and transmit information than analog signals.

Space Systems S.6.13 Develop and use a model of the Earth-sun-moon system to describe the cyclic patterns of lunar phases, eclipses of the sun and moon, and seasons.

S.6.14

Develop and use a model to describe the role of gravity in the motions within galaxies and the solar system.

S.6.15

Analyze and interpret data to determine scale properties of objects in the solar system.

Weather and Climate S.6.16 Collect data to provide evidence for how the motions and complex interactions of air masses results in changes in weather conditions.

S.6.17

Develop and use a model to describe how unequal heating and rotation of the Earth cause patterns of atmospheric and oceanic circulation that determine regional climates.

S.6.18

Ask questions to clarify evidence of the factors that have caused the change in global temperatures over the past century.

Human Impacts S.6.19 analyze and interpret data on natural hazards to forecast future catastrophic events and inform the development of technologies to mitigate their effects.

S.6.20

Define the criteria and constraints of a design problem with sufficient precision to ensure a successful solution.

S.6.21

Analyze data from tests to determine similarities and differences among several design solutions to identify the best characteristics of each.

Science - Grade 7 Seventh Grade Science standards build upon students’ science understanding from earlier grades and provide deeper understandings in seven major content topics: Earth Systems; History of Earth; Energy; Forces and Interactions; Structure, Function, and Information Processing; Human Impacts, and Engineering Design. The standards blend central ideas with the practices of scientists and engineers and science connecting concepts to support students in developing useable knowledge across the science disciplines. There is a focus on multiple indicators, including planning and carrying out investigations; developing and using models; analyzing and interpreting data; using mathematical and computational thinking; obtaining, evaluating, and communicating information; and engaging in argument from evidence. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course topics. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Structure, Function, and Information Processing S.7.1 Conduct an investigation to provide evidence that living things are made of cells, either one cell or many different numbers and types of cells.

S.7.2

Develop and use a model to describe the function of a cell as a whole and ways parts of cells contribute to the function.

S.7.3

Use argument supported by evidence for how the body is a system of interacting subsystems composed of groups of cells with emphasis on the circulatory, excretory, digestive, respiratory, muscular, and nervous systems.

S.7.4

Gather and synthesize information that sensory receptors respond to stimuli by sending messages to the brain for immediate behavior or storage as memories.

Energy S.7.5 Construct and interpret graphical displays of data to describe the relationships of kinetic energy to the mass of an object and to the speed of an object.

S.7.6

Develop a model to describe that when the arrangement of objects interacting at a distance changes, different amounts of potential energy are stored in the system.

S.7.7

Apply scientific principles to design, construct, and test a device that either minimizes or maximizes thermal energy transfer. * S.7.8 Plan an investigation to determine the relationships among the energy transferred, the type of matter, the mass, and the change in the average kinetic energy of the particles as measured by the temperature of the sample.

S.7.9

Construct, use, and present arguments to support the claim that when the kinetic energy of an object changes, energy is transferred to or from the object.

Forces and Interactions S.7.10 Apply Newton’s Third Law to design a solution to a problem involving the motion of two colliding objects. * S.7.11 Plan an investigation to provide evidence that the change in an object’s motion depends on the sum of the forces on the object and the mass of the object.

S.7.12

Ask questions about data to determine the factors that affect the strength of electric and magnetic forces.

S.7.13

Construct and present arguments using evidence to support the claim that gravitational interactions are attractive and depend on the masses of interacting objects.

S.7.14

Conduct an investigation and evaluate the experimental design to provide evidence that fields exist between objects exerting forces on each other even though the objects are not in contact.

Earth and Space Sciences Earth’s Systems S.7.15 Develop a model to describe the cycling of Earth’s materials and the flow of energy that drives this process.

S.7.16

Develop a model to describe the cycling of water through Earth’s systems driven by energy from the sun and the force of gravity.

S.7.17

Construct a scientific explanation based on evidence for how the uneven distributions of Earth’s mineral, energy, and groundwater resources are the result of past and current geoscience processes.

History of Earth S.7.18 Construct a scientific explanation based on evidence from rock strata for how the geologic timescale is used to organize Earth’s 4.6-billion-year-old history.

S.7.19

Construct an explanation based on evidence for how geoscience processes have changed Earth’s surface at varying time and spatial scales.

S.7.20

Analyze and interpret data on the distribution of fossils and rocks, continental shapes, and seafloor structures to provide evidence of the past plate motions.

Human Impacts S.7.21 Apply scientific principles to design a method for monitoring and minimizing a human impact on the environment. * S.7.22 Define the criteria and constraints of a design problem with sufficient precision to ensure a successful solution, considering limitations to solutions including scientific principles and potential relevant possible impacts on people and the environment.

S.7.23

Analyze data from tests to determine which characteristics of design can be combined into a new solution to better meet the criteria for success.

Science - Grade 8 Eighth Grade Science standards build upon students’ science understanding from earlier grades and provide deeper understandings in six major content topics: Structure and Properties of Matter; Chemical Reactions; Growth, Development, and Reproduction of Organisms; Natural Selection and Adaptations; and Human Impacts, and Engineering Design. The standards blend central ideas with the practices of scientists and engineers and science connecting concepts to support students in developing useable knowledge across the science disciplines. There is a focus on multiple indicators including planning and carrying out investigations; developing and using models; analyzing and interpreting data; using mathematical and computational thinking; obtaining, evaluating, and communicating information; and engaging in argument from evidence. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course topics. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Growth, Development, and Reproduction of Organisms S.8.1 Use argument based on empirical evidence and scientific reasoning to support an explanation for how characteristic animal behaviors and specialized plant structures affect the probability of successful reproduction of animals and plants respectively.

S.8.2

Construct a scientific explanation based on evidence for how environmental and genetic factors influence the growth of organisms.

S.8.3

Develop and use a model to describe why structural changes to genes (mutations) located on chromosomes may affect proteins and may result in harmful, beneficial, or neutral effects to the structure and function of an organism.

S.8.4

Develop and use a model to describe why asexual reproduction results in offspring with identical genetic information and sexual reproduction results in offspring with genetic variation.

S.8.5

Gather and synthesize information about the technologies that have changed the way humans influence the inheritance of desired traits in organisms.

Natural Selection and Adaptations S.8.6 Analyze and interpret data for patterns in the fossil record that document the existence, diversity, extinction, and change of life forms throughout the history of life on Earth under the assumption that natural laws operate today as in the past.

S.8.7

Apply scientific ideas to construct an explanation for the anatomical similarities and differences among modern organisms and between modern and fossil organisms to infer evolutionary relationships.

S.8.8

Analyze displays of pictorial data to compare patterns of similarities in the embryological development across multiple species to identify relationships not evident in the fully formed anatomy.

S.8.9

Construct an explanation based on evidence that describes how genetic variations of traits in a population increase some individuals’ probability of surviving and reproducing in a specific environment.

S.8.10

Use mathematical models, probability statements, and proportional reasoning to support explanations of how natural selection may lead to increases and decreases of specific traits in populations over time.

S.8.11

Develop models to describe the atomic composition of simple molecules and basic extended structures.

S.8.12

Gather and make sense of information to describe that synthetic materials come from natural resources and impact society.

S.8.13

Develop a model that predicts and describes changes in particle motion, temperature, and state of a pure substance when thermal energy is added or removed.

Chemical Reactions S.8.14 Analyze and interpret data on the properties of substances before and after the substances interact to determine if a chemical reaction has occurred.

S.8.15

Develop and use a model to describe how the total number of atoms does not change in a chemical reaction and thus mass is conserved.

S.8.16

Undertake a design project to construct, test, and modify a device that either releases or absorbs thermal energy by chemical processes. * Human Impacts S.8.17 Construct an argument supported by evidence for how increases in human population and per-capita consumption of natural resources impact Earth’s systems.

S.8.18

Evaluate competing design solutions using a systematic process to determine how well they meet the criteria and constraints of the problem.

S.8.19

Develop a model to generate data for iterative testing and modification of a proposed object, tool, or process such that an optimal design can be achieved.

Science Indicators Grades 9 - 12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, computer science and technology tools. Students in grades 9 - 12 will advance through a developmentally appropriate progression of standards. The following chart represents the College- and Career-Readiness Indicators for Science that will be developed in grades 9 - 12.

College- and Career-Readiness Indicators for Science Grades 9 - 12 Nature of Science Scientific knowledge is simultaneously reliable and subject to change based on empirical evidence and interpretation.

Scientific knowledge is obtained through a combination of observations of the natural world and inferences based on those observations.

Science is a creative human endeavor which is influenced by social and cultural biases.

A primary goal of science is the formation of theories and laws. Theories are inferred explanations of some aspect of the natural world based on successfully tested information from evidence and evaluated phenomena. Laws describe relationships among what has been observed in the natural world.

Scientific investigations use a variety of methods to address questions about the natural and material world.

Practices of Scientists and Engineers Science Connecting Concepts Asking questions and defining problems Developing and using models Planning and carrying out investigations Analyzing and interpreting data Using mathematical and computational thinking Constructing explanations and designing solutions Engaging in argument from evidence Obtaining, evaluating, and communicating information Observing patterns Investigating and explaining cause and effect Recognizing scale, proportion, and quantity Defining systems and system models Tracking energy and matter flows, into, out of, and within systems to understand system behavior Determining the relationships between structure and function Studying stability and change Science Literacy Science Lab Safety Producing clear and coherent technical writing in which the development, organization and style are appropriate for the science topic Correctly utilizing and explaining visually expressed information (e.g., flowchart, diagram, model, graph, table, or digital mapping technology) in a science narrative.

Appropriately using technical terminology or scientific concepts and processes to create visually expressed information Reading with understanding articles about science in the popular press and engaging in social conversation about the validity of the conclusions Identifying scientific issues underlying national and local decisions and expressing positions that are scientifically and technologically informed Evaluating the quality and validity of scientific information on the basis of its source and the methods used to generate it Requiring student lab safety training and demonstrating appropriate proficiency before participating in lab activities Archiving signed student safety contracts documenting lab safety training and medical contraindications (e.g., allergies, contact lenses, medical conditions)

Wearing proper protective gear as needed (e.g., goggles, apron, and gloves)

Requiring grade appropriate lab equipment operation and safety training Using and following SDS protocols Storing and disposing of chemical/biological materials properly Following ethical classroom uses of living materials/organisms Displaying proper safety signage and laboratory rules in the classroom and lab The Earth and Space Science (ESS) course builds upon science concepts from middle school by revealing the complexity of Earth’s interacting systems, evaluating and using current data to explain Earth’s place in the universe, and enabling students to relate Earth Science to many aspects of human society. Students focus on five ESS content topics: Space Systems, History of Earth, Earth’s Systems, Weather and Climate, and Human Sustainability. The standards strongly reflect the many societally relevant aspects of ESS including resources, hazards, environmental impacts, with an emphasis on using engineering and technology concepts to design solutions to challenges facing human society. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course topics. There is a focus on multiple indicators including developing and using models, planning and conducting investigations, analyzing and interpreting data, using mathematical and computational thinking, constructing explanations and designing solutions. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. The bulleted examples listed below each standard illustrate optional instructional subtopics to assist students in achieving mastery of the content. These are only suggested illustrations and content is not limited to these suggestions. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Space Systems S.ESS.1 Develop a model based on evidence to illustrate the life span of the sun and the role of nuclear fusion in the sun’s core to release energy that eventually reaches Earth in the form of radiation in relation to: atomic structure periodic table energy transfer fusion vs fission structure of the sun sunspots and other solar phenomenon (space weather).

S.ESS.2

Construct an explanation of the Big Bang theory based on astronomical evidence of light spectra, motion of distant galaxies, and composition of matter in the universe. expansion of the universe frequency & wavelength origin theories of the universe blue shift/ red shift Hubble constant dark matter/dark energy cosmic background radiation EM spectrum properties of light.

S.ESS.3

Use at least two different formats (e.g., oral, graphical, textual, mathematical) to communicate scientific ideas about the way stars, over their life cycle, produce elements.

HR diagram life cycle of stars atomic theory periodic table fusion vs fission nucleosynthesis.

S.ESS.4

Use mathematical or computational representations (modeling) to predict the motion of orbiting objects in the solar system. introduce velocity and acceleration modeling Kepler’s Laws Newtonian Gravity.

History of Earth S.ESS.5 Evaluate evidence of the past and current movements of continental and oceanic crust and the theory of plate tectonics to explain the ages of crustal rocks.

Hypothesis of Continental Drift fossil evidence seafloor spreading slab-push/plate pull subduction magnetic field reversal oceanic vs continental crust.

S.ESS.6

Apply scientific reasoning and evidence from ancient Earth materials, meteorites, and other planetary surfaces to construct an account of Earth’s formation and early history. xenoliths radiometric dating relative dating cratering moon origin theories.

S.ESS.7

Develop a model to illustrate how Earth’s internal and surface processes operate at different spatial and temporal scales to form continental and ocean-floor features through a process of constructive and destructive forces. constructive forces volcanic activity tectonic forces mineral formation rock formation destructive forces subduction convection coastal erosion weathering mass wasting.

Earth’s Systems S.ESS.8 Analyze geoscience data to make the claim that one change to Earth’s surface can create feedbacks that cause changes to other Earth systems. map and GIS data interpretation examples could include: coastal erosion greenhouse gasses global temperatures rising ocean levels loss of wetlands acid rain injection wells/earthquakes loss of ground vegetation/erosion.

S.ESS.9

Develop a model based on seismic and magnetic evidence of Earth’s interior to describe the cycling of matter by thermal convection and the resulting plate tectonics. layers of the Earth density heat transfer temperature gradients radioactive decay differentiation Earth’s formation chemical composition seismic waves.

S.ESS.10

Plan and conduct investigations of the properties of water and its effects on Earth materials and surface processes. water cycle mechanical & chemical weathering chemical reactions solutions pH scale.

S.ESS.11

Develop a quantitative model to describe the cycling of carbon among the hydrosphere, atmosphere, geosphere, and biosphere. biogeochemical cycles carbon cycle carbon reservoirs carbon budget.

S.ESS.12

Construct an argument based on evidence about the simultaneous coevolution of Earth systems and life on Earth.

Earth’s history evolution of earth’s atmosphere soil development requirements for life and how they change with changing earth conditions.

Weather and Climate S.ESS.13 Use a model to describe how variations in the flow of energy into and out of Earth systems result in changes in climate. changes in climate orbital changes, precession, and Milankovitch cycles volcanic impacts ocean circulation impacts on atmosphere glaciation atmospheric composition.

S.ESS.14

Analyze geoscience data and the results from the global climate models to make an evidence-based forecast of the current rate of global or regional climate change and associated future impacts to Earth systems. local barometric pressure precipitation relative humidity clouds air temperature surface temperature rising sea level.

Human Sustainability S.ESS.15 Construct an explanation based on evidence for how the availability of natural resources, occurrence of natural hazards, and changes in climate have influenced human activity.

Examples include: access to fresh water-surface and groundwater fertile soils-river deltas fossil fuels and mining natural disasters severe weather rising sea level mass migrations.

S.ESS.16

Evaluate competing design solutions for developing, managing, and utilizing energy and mineral resources based on cost-benefit ratios. * conservation, reuse, recycling soil conservation mining and drilling rare earth mineral mining for technology products.

S.ESS.17

Create a computational simulation to illustrate the relationships among management of natural resources, the sustainability of human populations, and biodiversity. cost of resource extraction waste management consumption new technology development.

S.ESS.18

Evaluate or refine a technological solution that reduces impacts of human activities on natural systems. * data examples include: point and nonpoint pollution changes in biodiversity land use via aerial or satellite imaging deducing impact examples include: local efforts in recycling watershed or stream monitoring geoengineering design solutions.

S.ESS.19

Use a computational representation to illustrate the relationships among Earth systems and how those relationships are being modified due to human activity. * hydrosphere atmosphere cryosphere geosphere biosphere connection between carbon dioxide concentrations and photosynthetic biomass ocean acidification increasing ocean temperatures.

S.ESS.20

Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants. In reference to: natural disasters lack of water resources climate change.

S.ESS.21

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering. In reference to: tsunamis earthquakes volcanic eruptions flooding coastal erosion water quality.

S.ESS.22

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts in reference to: tsunamis earthquakes volcanic eruptions flooding coastal erosion water quality.

S.ESS.23

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem in reference to:

GIS disaster simulations.

Biology The Biology content provides more in-depth studies of the living world and enables students to make sense of emerging research findings and apply those understandings to solving problems. Students focus on five life science topics: Structure and Function, Inheritance and Variation of Traits, Matter and Energy in Organisms and Ecosystems, Interdependent Relationships in Ecosystems, and Natural Selection and Evolution. Engineering, Technology, and the Application of Science are integrated throughout instruction as students define problems and design solutions related to the course topics. There is a focus on multiple indicators including developing and using models, planning and conducting investigations, analyzing and interpreting data, using mathematical and computational thinking, constructing explanations and designing solutions. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Biology/Life Science Structure and Function S.B.1 Construct an explanation based on evidence for how the structure of DNA determines the structure of proteins which carry out the essential functions of life through systems of specialized cells.

S.B.2

Develop and use a model to illustrate the hierarchical organization of interacting systems that provide specific functions within multicellular organisms.

S.B.3

Identify and describe the characteristics of living organisms based on taxonomic classification systems.

S.B.4

Develop and use a model to provide evidence that feedback mechanisms maintain homeostasis.

Matter and Energy in Organisms and Ecosystems S.B.5 Use a model to illustrate how photosynthesis transforms light energy into stored chemical energy.

S.B.6

Use a model to illustrate that cellular respiration is a chemical process whereby the bonds of food molecules and oxygen molecules are broken and the bonds in new compounds are formed resulting in a net transfer of energy.

S.B.7

Construct and revise an explanation based on evidence for the cycling of matter and flow of energy in aerobic and anaerobic respiration in different environments.

S.B.8

Use mathematical representations to support claims for the cycling of matter and flow of energy between trophic levels in an ecosystem. transfer of calories energy loss (entropy) 10% Rule bioaccumulation.

S.B.9

Develop a model to illustrate the role of photosynthesis and cellular respiration in the cycling of carbon among the biosphere, atmosphere, hydrosphere, and geosphere.

Interdependent Relationships in Ecosystems S.B.10 Use mathematical and/or computational representations to support explanations of factors that affect carrying capacity of ecosystems at different scales.

S.B.11

Use mathematical representations to support and revise explanations based on evidence about factors affecting biodiversity and populations in ecosystems of different scales.

S.B.12

Evaluate the claims, evidence, and reasoning that the complex interactions in ecosystems maintain relatively consistent numbers and types of organisms in stable conditions, but changing conditions may result in a new ecosystem possibly leading to speciation.

S.B.13

Design, evaluate, and refine a solution for reducing the impacts of human activities on the environment and biodiversity. * S.B.14 Create or revise a simulation to test a solution to mitigate adverse impacts of human activity on biodiversity. * Inheritance and Variation of Traits S.B.15 Use a model to illustrate the role of cellular division (mitosis) and differentiation in producing and maintaining complex organisms.

S.B.16

Develop and use a model to demonstrate the role of DNA and chromosomes in coding the instructions for characteristic traits passed from parents to offspring.

S.B.17

Make and defend a claim based on evidence that inheritable genetic variations may result from: new genetic combinations through meiosis viable errors occurring during replication mutations caused by environmental factors.

S.B.18

Apply concepts of statistics and probability to explain the variation and distribution of expressed traits in a population.

Natural Selection and Evolution S.B.19 Engage in argumentation utilizing evidence to support common ancestry and biological evolution. phylogenetic trees cladograms.

S.B.20

Construct an explanation based on evidence that the process of evolution primarily results from four factors: potential for a species to increase in number heritable genetic variation of individuals in a species due to mutation and sexual reproduction competition for limited resources the proliferation of those organisms that are better able to survive and reproduce in the environment.

S.B.21

Construct an explanation based on evidence for how natural selection leads to adaptation of populations.

S.B.22

Evaluate the evidence supporting claims that changes in environmental conditions drive natural selection.

S.B.23

Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

S.B.24

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

S.B.25

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

S.B.26

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

The Physical Science course develops understandings of the central concepts from chemistry and physics: Structure and Properties of Matter; Chemical Reactions; Energy; Forces and Interactions; Waves and Electromagnetic Radiation. The topics in Physical Science allow high school students to explain more in-depth phenomena central not only to the physical sciences but to life and earth and space sciences, as well. The standards blend the central ideas with the practices of scientists and engineers and science connecting concepts to support students in developing useable knowledge to explain ideas across the science disciplines. There is a focus on multiple indicators, including developing and using models, planning and conducting investigations, analyzing and interpreting data, using mathematical and computational thinking, and constructing explanations. Students are expected to use these practices to demonstrate understanding of the central ideas and demonstrate understanding of several engineering practices, including design and evaluation. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Physical Science/Chemistry S.PS.1 Perform calculations involving equivalence statements for English and Metric conversions (e.g., Newtons/kg/lbs., km/mi., kg/g, km/m).

S.PS.2

Compare and contrast the properties of matter to classify as homogeneous or heterogeneous; pure substance or mixture; element or compound; metals, nonmetals, or metalloids; solution, colloid or suspension.

S.PS.3

Plan and conduct an investigation to distinguish chemical properties of matter from physical properties of matter including boiling point, freezing/melting point, density, solubility, viscosity, and conductivity.

S.PS.4

Compare the subatomic particles of an atom with regard to mass, location, and charge, then explain how these particles affect the properties of an atom including identity, mass, volume, and reactivity.

S.PS.5

Analyze data and interpret the Periodic Table to determine trends of the following: number of valence electrons types of ions formed by main group elements location and properties of metals, nonmetals, metalloids state phases at room temperature.

S.PS.6

Identify the names/formulas of ionic and molecular compounds and simple-chained hydrocarbons based on the bonding arrangement and structures of molecules.

S.PS.7

Investigate the properties of substances to classify them based on the relative strengths of ionic, covalent, and metallic bonds.

S.PS.8

Communicate scientific and technical information about why the molecular-level structure is important in the functioning of designed materials. * Chemical Reactions S.PS.9 Analyze experimental evidence to distinguish between chemical and physical reactions.

S.PS.10

Use mathematical representations to support the claim that atoms, mass, energy, and charge are conserved during a chemical reaction.

S.PS.11

Apply scientific principles and evidence to provide an explanation about the effects of changing the temperature or concentration of the reacting particles on the rate at which a reaction occurs.

S.PS.12

Refine the design of a chemical system by specifying a change in conditions that would produce increased amounts of products at equilibrium. * S.PS.13 Use models to identify chemical reactions as synthesis, decomposition, single-replacement, and double-replacement. Given the reactants, use these models to predict the products of those chemical reactions.

S.PS.14

Experimentally evaluate the characteristics and interactions of acids and bases.

Physical Science/Physics Energy S.PS.15 Create a computational model to calculate the change in the energy of one component in a system when the change in energy of the other component(s) and energy flows in and out of the system are known.

S.PS.16

Evaluate the forces of a system to quantify the change in energy of a system as work and interpret the rate of energy changes as power.

S.PS.17

Design, build, and refine a device that works within given constraints to convert one form of energy into another form of energy. * S.PS.18 Plan and conduct an investigation to provide evidence that the transfer of thermal energy when two components of different temperature are combined within a closed system results in a more uniform energy distribution among the components in the system (Second Law of Thermodynamics).

S.PS.19

Develop and use a model of two objects interacting through electric or magnetic fields to illustrate the forces between objects and the changes in energy of the objects due to the interaction.

Forces and Interactions S.PS.20 Experimentally generate graphical data of distance, speed/velocity, and acceleration to analyze the motion of an object and justify and/or derive kinematic equations.

S.PS.21

Analyze data to support the claim that Newton’s second law of motion describes the mathematical relationship among the net force on a macroscopic object, its mass, and its acceleration.

S.PS.22

Identify the pair of equal and opposite forces between two interacting bodies and relate their magnitudes and directions using Newton’s 3rd Law.

S.PS.23

Use mathematical representations to support the claim that the total momentum of a system of objects is conserved when the system is closed.

S.PS.24

Apply scientific and engineering ideas to design, evaluate, and refine a device that minimizes the force on a macroscopic object during a collision. * S.PS.25 Develop and use a model to describe the mathematical relationship between mass, distance, and force as expressed by Newton’s Universal Law of Gravitation.

Waves and Electromagnetic Radiation S.PS.26 Use mathematical representations to support a claim regarding relationships among the frequency, wavelength, and speed of waves traveling in various media while differentiating between longitudinal and transverse waves.

S.PS.27

Evaluate the validity and reliability of claims in published materials of the effects that different frequencies of electromagnetic radiation have when absorbed by matter.

S.PS.28

Qualitatively analyze the law of reflection, the law of refraction, and the relationship between the angle of incidence and angle of refraction.

S.PS.29

Communicate technical information about how some technological devices use the principles of wave behavior and wave interactions with matter to transmit and capture information and energy (e.g., broadband, Bluetooth, satellites, and WiFi). * Engineering, Technology, and Application of Science S.PS.30 Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

S.PS.31

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

S.PS.32

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

S.PS.33

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

Chemistry Chemistry is an advanced elective course designed for students pursuing Science Technology Engineering Mathematics (STEM) education and careers. Students will develop a deeper understanding of the central concepts of Structure and Properties of Matter, Chemical Reactions, and Applications of Chemical Reactions as they prepare for college chemistry requiring a strong mathematical foundation. The chemistry course prepares high school students to explain more in-depth phenomena central not only to the physical sciences, but to life and earth and space sciences as well. The chemistry standards blend the central ideas with the practices of scientists and engineers and science connecting concepts to support students in developing useable knowledge to explain ideas across the science disciplines. There is a focus on multiple indicators, including developing and using models, planning and conducting investigations, analyzing and interpreting data, using mathematical and computational thinking, and constructing explanations. Students will use these practices to demonstrate understanding of the central ideas and demonstrate understanding of several engineering practices, including design and evaluation. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Chemistry/Physical Science S.C.1 Use systematic rules for measuring with certainty to determine intrinsic and extrinsic properties of matter relating to: specific heat density melting point freezing point boiling point color, volume, length, mass, weight, texture.

S.C.2

Calculate properties of matter using the significant figure rules for addition/subtraction and multiplication/division and correctly reporting answers using scientific notation.

S.C.3

Compare and contrast the properties of matter to classify as homogeneous or heterogeneous; pure substance or mixture; element or compound; metals, nonmetals, or metalloids; solution, colloid or suspension, including relative strengths of ionic, covalent, and metallic bonds.

S.C.4

Research and evaluate contributions (e.g., experimental design, atomic models) to the evolution of the atomic theory in relation to: isotopes atoms ions atomic notation.

S.C.5

Use the periodic table as a model to predict the relative properties of elements based on the patterns of electrons in the outermost energy level of atoms in relation to: atomic size ionic size electronegativity ionization energy electron affinity.

S.C.6

Describe atoms and molecules using the Quantum and VSEPR (Valence Shell Electron Pair Repulsion) theories.

S.C.7

Produce electron configurations and orbital diagrams for any element on the periodic table and predict the chemical properties of the element from the electron configuration.

S.C.8

Construct the names/formulas of ionic and molecular compounds and simple-chained hydrocarbons based on the bonding arrangement and structures of molecules.

S.C.9

Investigate and explain water’s role as a solvent based upon its physical, chemical, and colligative properties.

S.C.10

Apply the relationship among pressure, temperature, and volume of a gas utilizing graph construction and data generation to illustrate the gas laws in reference to:

Ideal Gas Law Boyle’s Law Charles’s Law Combined Gas Law.

S.C.11

Construct and interpret a phase diagram/heating curve for a substance identifying boiling point, melting point, triple point, and critical point.

Chemical Reactions S.C.12 Construct and revise an explanation for the outcome of a simple chemical reaction based on the outermost electron states of atoms, trends in the periodic table, and knowledge of the patterns of chemical properties.

S.C.13

Classify, predict products of, and write balanced equations for chemical reaction types including single replacement, double replacement, composition, decomposition, combustion, redox, and neutralization.

S.C.14

Use mathematical representations to support the claim that atoms, and therefore mass, are conserved during a chemical reaction.

S.C.15

Generate mole conversions that demonstrate correct application of Avogadro’s number, molar mass, density, scientific notation, and significant figures in reference to: mass to number of particles number of particles to volume volume to mass.

S.C.16

Perform the following “mole” calculations showing answers rounded to the correct number of significant figures: molarity percentage composition empirical formulas molecular formulas formulas of hydrates mole-mole and mass-mass stoichiometry determination of limiting reactant theoretical yield.

S.C.17

Classify exothermic & endothermic reactions by the direction of heat flow in a chemical reaction as observed by changes in temperature.

Applications of Chemical Reactions S.C.18 Compare and contrast the defining characteristics of the characteristics of the Arrhenius theory of acids and bases and Bronsted-Lowry theory of acids and bases.

S.C.19

Investigate the chemical and physical properties of acids and bases and evaluate their applications.

S.C.20

Compare methods of measuring pH: chemical indicators indicator papers pH meters.

S.C.21

Analyze the pH of solutions based on the logarithmic pH scale and concentrations of hydronium or hydroxide ions.

S.C.22

Plan and conduct an investigation to evaluate the factors that affect the rate at which a solute dissolves in a specific solvent then develop a model to illustrate the process of dissolving.

S.C.23

Measure, quantitatively compare and interpret solubility curves of chemical species in solution types including unsaturated and supersaturated solutions.

S.C.24

Apply scientific principles and evidence to provide an explanation about the effects of changing the temperature or concentration of the reacting particles on the rate at which a reaction occurs.

S.C.25

Design a properly working electrolytic cell based on redox principles.

S.C.26

Develop models to illustrate the changes in the composition of the nucleus of the atom and the energy released during the processes of fission, fusion, and radioactive decay.

S.C.27

Communicate scientific and technical information about why the molecular-level structure and shape is important in the functioning of designed materials in reference to: polymers plastics pharmaceuticals vaccines.

S.C.28

Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

S.C.29

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

S.C.30

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

S.C.31

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

Physics Physics is an advanced elective course designed for students pursuing Science Technology Engineering Mathematics (STEM) education and careers. The course emphasizes a mathematical approach to the topics of Forces and Interactions, Energy, and Waves and Electromagnetic Radiation and prepares students for college physics. The physics course prepares high school students to explain more in-depth phenomena central not only to the physical sciences but to life and earth and space sciences, as well. These standards blend the central ideas with the practices of scientists and engineers and science connecting concepts to support students in developing useable knowledge to explain ideas across the science disciplines. There is a focus on multiple indicators including developing and using models, planning and conducting investigations, analyzing and interpreting data, using mathematical and computational thinking, and constructing explanations. Students will use these practices to demonstrate understanding of the central ideas and demonstrate understanding of several engineering practices, including design and evaluation. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Physics/Physical Science Forces and Interactions S.P.1 Use systematic rules for measuring with certainty and accurately perform calculations using significant figure rules for addition/subtraction and multiplication/division to determine distance, speed/velocity, and acceleration of objects.

S.P.2

Interpret graphical, algebraic, and/or trigonometric solutions to prove the values for vector components and resultants.

S.P.3

Develop free body diagrams to define a system experiencing balanced or unbalanced forces to justify Newton’s Laws of Motion.

S.P.4

Analyze data to support the claim that Newton’s second law of motion describes the mathematical relationship among the net force on a macroscopic object, its mass, and its acceleration.

S.P.5

Identify the pair of equal and opposite forces between two interacting bodies and relate their magnitudes and directions using Newton’s 3rd Law.

S.P.6

Use mathematical representations to support the claim that the total momentum of a system of objects is conserved when the system is closed.

S.P.7

Evaluate the conservation of energy and momentum and deduce solutions for elastic and inelastic collisions.

S.P.8

Apply scientific and engineering ideas to design, evaluate, and refine a device that minimizes the force on a macroscopic object during a collision.

S.P.9

Develop and use a model to describe the mathematical relationship between mass, distance, and force as expressed by Newton’s Universal Law of Gravitation.

S.P.10

Analyze the motion of a projectile; appraise data, either textbook generated or laboratory collected, for motion in one and/or two dimensions, then select the correct mathematical method for communicating the value of unknown variables.

Energy S.P.11 Create a computational model to calculate the change in the energy of one component in a system when the change in energy of the other component(s) and energy flows in and out of the system are known.

S.P.12

Evaluate the conservation of energy and momentum and deduce solutions for elastic and inelastic collisions.

S.P.13

Evaluate the forces of a system to quantify the change in energy of a system as work and interpret the rate of energy changes as power.

S.P.14

Design, build, and refine a device that works within given constraints to convert one form of energy into another form of energy. * S.P.15 Plan and conduct an investigation to provide evidence that the transfer of thermal energy when two components of different temperature are combined within a closed system results in a more uniform energy distribution among the components in the system (Second Law of Thermodynamics).

States of Matter S.P.16 Conduct experiments to evaluate the application of metals based on internal structure and physical properties in relation to: thermal expansion electrical/thermal conductivity magnetism.

S.P.17

Assess the magnitude of buoyant force on submerged and floating objects.

S.P.18

Evaluate the compressibility of fluids and apply the equation of continuity to analyze the mass flow rate of incompressible fluids.

S.P.19

Anticipate the effects of Bernoulli’s principle on fluid motion.

Waves and Electromagnetic Radiation S.P.20 Use mathematical representations to support a claim regarding relationships among the frequency, wavelength, and speed of waves traveling in various media while differentiating between longitudinal and transverse waves.

S.P.21

Evaluate the claims, evidence, and reasoning behind the idea that electromagnetic radiation can be described either by a wave model or a particle model, and that for some situations one model is more useful than the other.

S.P.22

Calculate the energy from electromagnetic radiation with differing frequencies that are absorbed by matter then propose possible applications for those materials.

S.P.23

Apply ray optics diagrams to lenses and mirrors; use the lens/mirror equation and the magnification equation to solve optics problems; justify the image results obtained by diagramming the ray optics of lenses and mirrors and/or by deducing the image information from the lens/mirror equation.

S.P.24

Apply Snell’s Law to calculate either the angle of incidence or angle of refraction for refraction through various media.

S.P.25

Make claims about the diffraction/interference patterns produced when a wave passes through a small opening/set of openings.

S.P.26

Evaluate the photon model of light with evidence of the photoelectric effect.

Electricity and Magnetism S.P.27 Diagram magnetic fields for different types of magnets and evaluate the strength of magnetic fields based on field line density.

S.P.28

Plan and conduct an investigation to provide evidence that an electric current can produce a magnetic field and that a changing magnetic field can produce an electric current.

S.P.29

Generate models of electric fields surrounding point charges and calculate the magnitude of electric force applied to a charge when placed at different positions in the electric field.

S.P.30

Qualitatively and quantitatively predict the interactions of charged particles when performing calculations using Coulomb’s Law.

S.P.31

Construct and analyze electrical circuits and calculate Ohm’s law problems for series and parallel circuits.

S.P.32

Distinguish between direct and alternating current and identify ways of generating each type.

S.P.33

Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

S.P.34

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

S.P.35

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

S.P.36

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

Environmental Science Environmental Science is an advanced, high school elective course which builds on foundational knowledge of the chemical, physical, biological, geological processes and focuses on the natural world. Through an inquiry-based program of study, all students will demonstrate environmental literacy as they explore the economic, social, political, and ecological interdependence in urban and rural areas and on local and global scales. As students fuse experiences across disciplines, they will acquire knowledge, values, and skills needed to protect and improve the environment. There is a focus on several science connecting concepts, including cause and effect, systems and system models, energy and matter, and stability and change. Science indicators and Engineering, Technology, and the Application of Science are integrated as students ask questions and define problems, develop and use models, plan and conduct investigations, analyze and interpret data, and construct explanations and design solutions. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. The bulleted examples listed below each standard illustrate optional instructional subtopics to assist students in achieving mastery of the content. These are only suggested illustrations, and content is not limited to these suggestions. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Environmental Science/Life Science, Earth and Space Science, and Physical Science Domains S.ENV.1 Compare and contrast the rate elements cycle through the ecosphere, describing natural and human influences on reaction rates: carbon nitrogen phosphorus oxygen sulfur.

S.ENV.2

Explain how the chemical components of biological and physical processes fit in the overall process of biogeochemical cycling such as photosynthesis, respiration, nitrogen fixation, or decomposition.

S.ENV.3

Analyze and evaluate the use and availability of renewable and nonrenewable energy resources: coal solar biomass biofuels hydropower natural gas wind geothermal nuclear.

S.ENV.4

Evaluate environmental and economic advantages and disadvantages of using nonrenewable and renewable energy.

S.ENV.5

Differentiate various means of generating electricity in terms of the transformation of energy among forms, the relationship of matter and energy, and efficiency/production of heat energy.

S.ENV.6

Explain how technology has influenced the sustainability of natural resources over time: forestry practices fossil fuels farming.

S.ENV.7

Relate logistic, exponential, and irruptive population growth to population dynamics including: natural selection predator/prey relationships reproductive strategies carrying capacity limiting factors.

S.ENV.8

Create food web diagrams to explain how adding and/or removing a species from an ecosystem may affect other organisms and the entire ecosystem.

S.ENV.9

Evaluate the leading causes of species decline and premature extinction: habitat destruction and degradation invasive species pollution human population growth over exploitation.

S.ENV.10

Analyze biological diversity as it relates to the stability of an ecosystem.

S.ENV.11

Relate habitat changes to plant and animal populations and climate influences: variations in habitat size fragmentation fluctuation in conditions of abiotic factors albedo surface temperature.

S.ENV.12

Compare and contrast local, state, and federal legislation and international agreements associated with protecting habitats, ecosystems, and species:

Superfund (CERCLA)

Surface Mining Control and Reclamation Act Wilderness Act Endangered Species Act Marine Mammals Act Wild Flora and Fauna (CITES).

S.ENV.13

Illustrate how changes in wind patterns or ocean temperatures can affect weather in different parts of the world:

El Nino La Nina Santa Ana winds.

S.ENV.14

Identify natural and anthropogenic sources of primary, secondary, and indoor air pollutants and the resulting environmental and health effects.

S.ENV.15

Explain the formation of acid rain and describe the resulting effect on soil, plants, water, and statues.

S.ENV.16

Identify causes for the thinning of the ozone layer and evaluate the effectiveness of the Montreal Protocol for reducing ozone depletion.

S.ENV.17

Debate climate change as it relates to natural forces, greenhouse gases, human changes in atmospheric concentrations of greenhouse gases, and relevant laws and treaties.

S.ENV.18

Identify sources, uses, quality, conservation, and global distribution of water.

S.ENV.19

Create models to show surface and groundwater flows in a local drainage and explain how surface and ground water are related.

S.ENV.20

Contrast point source and non-point source water pollutants.

S.ENV.21

Use GIS data to analyze the parameters of a watershed and interpret physical, chemical, and biological data as a means of assessing environmental quality.

S.ENV.22

Examine legislation associated with the protection of water:

Clean Water Act London Dumping Convention of 1972.

S.ENV.23

Describe the processes involved and compare different methods of wastewater treatment.

S.ENV.24

Utilize soil classification and analysis methods to make recommendations for soil conservation practices. Analysis could include the following: texture moisture content supported vegetation color pH porosity nitrogen phosphorus potassium organic compounds.

S.ENV.25

Analyze best management practices of the agriculture business: fertilizers integrated pest management associated water pollution irrigation practices agricultural waste.

S.ENV.26

Research and describe how communities have restored or protected ecosystems: remediation mitigation rehabilitation reclamation preservation.

S.ENV.27

Evaluate solid waste management practices: recycling incineration sanitary landfills hazardous waste disposal.

S.ENV.28

Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

S.ENV.29

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

S.ENV.30

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

S.ENV.31

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

Forensic Science Forensic Science is an advanced, high school elective course designed to provide students with hands-on experiences in various aspects of a criminal investigation. Science content and Engineering, Technology, and the Application of Science are integrated as students ask questions and define problems, develop and use models, plan and conduct investigations, analyze and interpret data, construct explanations and design solutions as they consider crime scenes, evidence, and protocol. As students demonstrate proficiency in evidence collection- maintenance of data integrity, formulation of a conclusion/summary, and succinct communication of findings- they prepare for forensic-related careers and other occupational opportunities in science, technology, engineering, and math. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate conceptual understandings along with research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. The bulleted examples listed below each standard illustrate optional instructional subtopics to assist students in achieving mastery of the content. These are only suggested illustrations, and content is not limited to these suggestions. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Forensic Science/Life Science, Earth and Space Science, and Physical Science Domains S.FS.1 Identify evidence which encompasses materials establishing a link between a crime and its victim or a crime and its perpetrator: impressions (tire, tool, teeth, shoes) prints (finger, lip, voice) hair and fiber analysis drugs and poisons ballistics soil and pollen glass serology questioned documents.

S.FS.2

Distinguish between types of evidence: testimonial physical: individual and class quantitative qualitative.

S.FS.3

Analyze modes of transfer and the factors affecting persistence of evidence (Locard’s Exchange Principle): indirect direct S.FS.4 Demonstrate steps of crime scene processing: note-taking photography sketching to scale evidence collection chain of custody.

S.FS.5

Validate, classify, and analyze fingerprints as individual evidence: type pattern minutiae.

S.FS.6

Model techniques of collecting and developing prints on various objects and textures: physical (dusting powders) chemical (ninhydrin, iodine, cyanoacrylate).

S.FS.7

Examine the absorption and effects of toxins in the human body: alcohol drugs poisons.

S.FS.8

Identify known and unknown substances utilizing the techniques of forensic toxicology: white powders blood alcohol over the counter/illicit drugs gas chromatography charts.

S.FS.9

Discuss and cite evidence of biological and chemical hazards and their impact on society and the environment: arson bombs bioterrorism environmental terrorism.

S.FS.10

Apply forensic entomology to assess a crime scene:

Berlese funnel life cycles.

S.FS.11

Analyze bones and teeth as forensic evidence: type articulation origin sex age race stature disease/injury.

S.FS.12

Analyze blood samples as evidence:

ABO system Rh factor DNA fingerprinting blood spatter.

S.FS.13

Investigate forensic applications of chromatography: inks and dyes cosmetics calculation of Rf values.

S.FS.14

Explore earth science concepts as they relate to forensic science: rock and mineral identification classify soils’ common constituents in relation to crime scene location.

S.FS.15

Identify and describe agents and processes of degradation of evidence: weathering scavengers.

S.FS.16

Solve multi-step problems involving velocity, acceleration, net force, and projectile motion during analysis of crime scene:

Ballistics vehicular collisions.

S.FS.17

Utilize biometric techniques for forensic science investigations: prints recognition scans anthropometry.

S.FS.18

Research and evaluate technological advances and careers related to the field of forensics.

S.FS.19

Investigate and analyze forensic evidence using handwriting analysis, forgery, and counterfeiting.

S.FS.20

Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

S.FS.21

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

S.FS.22

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

S.FS.23

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

Human Anatomy and Physiology Human Anatomy and Physiology is an advanced, high school elective course designed for those students wanting a deeper understanding of the structures and functions of the human body. The body will be viewed as a whole using anatomical terminology necessary to describe location. Instruction will be at both micro and macro levels reviewing cellular functions, biochemical processes, tissue interactions, organ systems, and the interaction of those systems as it relates to the human organism. Systems covered include integumentary, skeletal, muscular, respiratory, circulatory, digestive, excretory, reproductive immunological, nervous, and endocrine. Content standards are integrated with Engineering, Technology, and the Application of Science as students develop conceptual understandings and prepare for occupational opportunities in health and medical fields. Students will engage in active inquiries, investigations, and hands-on activities at least 50% of the instructional time as they develop and demonstrate research and laboratory skills described in the standards and indicators for science. Safety instruction is integrated into all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models. Standards followed by an asterisk (*) denote the integration of traditional science content with an engineering practice.

Human Anatomy and Physiology/Life Science, Physical Science Domains S.HAP.1 Apply directional terminology to locate human body structures: superior-inferior dorsal-ventral proximal-distal medial-lateral superficial-deep.

S.HAP.2

Describe the organizational levels, interdependency, and the interaction of: cells tissues organs organ systems.

S.HAP.3

Categorize, by structure and function, the four main human tissue types: muscle epithelial connective nervous.

S.HAP.4

Relate the structure of the integumentary system to its function as a/an: sensory organ environmental barrier temperature regulator.

S.HAP.5

Relate how bone tissue is important to the development of the human skeleton.

S.HAP.6

Correlate the structure and function of the elements of the skeletal system: bone articulations insertions.

S.HAP.7

Model the mechanisms of muscular contraction on the cellular and molecular levels.

S.HAP.8

Integrate the skeletal, muscular, and nervous systems to the functioning of the organism.

S.HAP.9

Model the muscular system including: locations origins insertions muscle groups types of muscles.

S.HAP.10

Classify the various types of neurons emphasizing the relationship of structure and function.

S.HAP.11

Model the mechanism of a nerve impulse at the cellular and molecular levels.

S.HAP.12

Compare and contrast the parts and functions of the central and peripheral nervous system including the autonomic portions.

S.HAP.13

Apply the structure of the ear and eye to their function/dysfunction in relation to environmental perception.

S.HAP.14

Apply the action of specific enzymes to their roles in bodily functions.

S.HAP.15

Incorporate the role of endocrine glands and their hormones into the overall functions and dysfunctions of the body.

S.HAP.16

Analyze the role of components and processes of the digestive system in supplying essential nutrients.

S.HAP.17

Explain how structures of the respiratory system are essential to cellular respiration, gas exchange and communication.

S.HAP.18

Illustrate the structures of the circulatory and lymphatic systems and the function of blood to the role of: transportation cellular support defense.

S.HAP.19

Compare the compatibility of blood types and assess the molecular basis for blood functions.

S.HAP.20

Integrate the functions of the excretory system to the maintenance of the other body systems.

S.HAP.21

Compare and contrast the structure and function of male and female reproductive systems.

S.HAP.22

Outline the events of reproduction for the formation of gametes through fertilizations and embryological development.

S.HAP.23

Assess the role of components of the immune system in defending the body.

S.HAP.24

Research disease causative factors, symptoms, prevention, and treatment.

S.HAP.25

Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

S.HAP.26

Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

S.HAP.27

Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

S.HAP.28

Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

Series 044D West Virginia College- and Career-Readiness Standards for Social Studies (Policy 2520.4)

W. Va. Code R. § 126-44D-1 General

1.1. Scope. -- W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.4 defines the content standards for Social Studies as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §18-2-5 and §18-9A-22.

1.3. Filing Date. -- July 8, 2024.

1.4. Effective Date. -- July 1, 2025.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR44D, Policy 2520.4. West Virginia College- and Career-Readiness Standards for Social Studies, filed June 9, 2016, and effective July 11, 2016.

W. Va. Code R. § 126-44D-2 Purpose

2.1. This policy defines the content standards for the programs of study required by Policy 2510 in Social Studies.

W. Va. Code R. § 126-44D-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards for Social Studies is attached and incorporated by reference into this policy. Copies may be obtained from the Office of the Secretary of State and from the West Virginia Department of Education. §126-44D.4. Summary of the Content Standards.

4.1. The West Virginia Board of Education has the responsibility of establishing high quality education standards for all education programs (W. Va. Code §18-9A-22). The content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. The document includes content standards that reflect a rigorous and challenging curriculum for Social Studies.

W. Va. Code R. § 126-44D-5 Severability

5.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Introduction West Virginia’s College- and Career-Readiness Standards have been developed with the goal of preparing students for a wide range of high-quality, post-secondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The West Virginia College- and Career-Readiness Standards establish a set of knowledge and skills that all individuals need to transition into higher education or the workplace, as both realms share many expectations. All students throughout their educational experience should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

West Virginia’s College- and Career-Readiness Standards for Social Studies promote proficiency in civics, economics, geography, and history. Students will develop problem solving and critical thinking skills independently and collaboratively as they engage in informed inquiry in social studies. College- and career-readiness is supported in social studies as students acquire and further develop their abilities to be critical consumers of what they read or hear and informed sources when they write or speak.

The overarching goal was to build a rigorous, relevant, challenging and developmentally appropriate set of social studies standards that prepare students for college- and career-readiness. West Virginia educators played a key role in shaping the content standards to align with the best practices in the field of social studies education. The contributions of these professionals were critical in creating a policy that is meaningful to classroom teachers and appears in a format that can easily be used and understood.

Explanation of Terms Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

Numbering of Standards The numbering for each standard is composed of three parts, each part separated by a period: the content area code (e.g., SS for Social Studies), the grade level or high school content area, and the standard.

Illustration: SS.3.1 refers to Social Studies, grade 3, standard 1. SS.W.20 refers to high school World Studies standard 20.

Abbreviations:

W – World Studies US – United States Studies USC – United States Studies – Comprehensive CS – Contemporary Studies C – Civics E – Economics G – Geography S – Sociology P – Psychology The following four areas of social studies form all the courses in grades K-8 and the majority of the high school courses that are not content specific (e.g., geography and economics).

Civics addresses both citizenship and political systems. Citizenship education prepares students to be informed, active, and effective citizens who accept their responsibilities, understand their privileges and rights, and participate actively in society and government. To be successful participants in society, students must understand how to build social capital (a network of social relationships) that encourages reciprocity and trust, two characteristics of civic virtue and good citizenship. Students must be able to research issues, form reasoned opinions, support their positions and engage in the political process. Students exercise tolerance and empathy, respect the rights of others, and share a concern for the common good while acting responsibly with the interests of the larger community in mind. Students must learn and practice intellectual and participatory skills essential for an involved citizenry. To develop these skills, the curriculum must extend beyond the school to include experiences in the workplace and service in the community. While studying political systems, students develop global awareness and study the foundations of various world governments and the strategies they employ to achieve their goals. With respect to the United States, students learn the underlying principles of representative democracy, the constitutional separation of powers and the rule of law. Students learn the origins and meaning of the principles, ideals, and core democratic values expressed in the foundational documents of the United States. Students recognize the need for authority, government, and the rights and responsibilities of citizens.

Economics analyzes the production, allocation, distribution, and use of resources. The economic principles include an understanding of scarcity and choice, productivity, markets and prices, supply and demand, competition, role of government, international trade factors, and consumer decisions in a global economy. Understanding economic principles, whole economies, and the interactions between different types of economies helps students comprehend the exchange of information, capital, and products across the globe. Learners investigate economic principles and their application to historical situations. Learners will work cooperatively and individually to analyze how basic economic principles affect their daily lives. Students become financially responsible by examining the consequences of and practicing personal financial decision-making.

Geography encompasses physical and human systems and the interactions between them on local and global scales. People interact with the natural world in culturally distinct ways to produce unique places, which change over time. New technologies and perspectives of geography provide students with an understanding of the world, and the ability to evaluate information in spatial terms. The geography standards stress the world in which we live and the role of the United States in the global community. Students use geographic perspectives and technology to interpret culture, environment, and the connection between them. Students collaborate with one another and work individually using geographic skills and tools to ask geographic questions based on the five themes of geography (location, place, human-environmental interaction, movement and regions). They acquire the necessary information, organize and analyze the information, and respond to those geographic questions. Students examine the varying ways in which people interact with their environments and appreciate the diversity and similarities of cultures and places created by those interactions.

History organizes events and phenomena in terms of when they occurred and examines where, how and why they took place. Students study how individuals and societies have changed and interacted over time. They organize events through chronologies and evaluate cause-and-effect relationships among them. Students analyze how individuals, groups, and nations have shaped cultural heritages. They gather historical data, examine, analyze and interpret this data, and present their results in a clear, critical manner. Students study origins and evolutions of culture hearths, settlements, civilizations, states, nations, nation-states, governments, and economic developments. Through history, students understand the identity and origins of their families, communities, state, and nation. Through history, students recognize the influence of world events on the development of the United States and they evaluate the influence of the United States on the world. Understanding the past helps students prepare for today and the events of the future.

College- and Career-Readiness Indicators for Social Studies The grades K-12 standards on the following pages define what students should know, understand, and be able to do by the end of each grade. They correspond to the College- and Career-Readiness Indicators for Social Studies by grade band (K-2, 3-5, 6-8, and 9-12). The College- and Career-Readiness Indicators and grade-specific standards are necessary complements - the former providing broad standards, the latter providing additional specificity - that together define the skills and understandings that all students must demonstrate.

Integration of Literacy in Social Studies Literacy strategies and skills are applied as students acquire information and communicate their learning and understanding of social studies. Integration of literacy in social studies is critical for student success. It is essential that literacy strategy and skill instruction be purposefully and appropriately planned and embedded within social studies instruction.

Social Studies Indicators Kindergarten – Grade 2 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills and technology tools. Students in kindergarten through grade two will advance through a developmentally-appropriate progression of standards. The following chart represents the components of social studies that will be developed in grades K-2.

K-2 Social Studies Indicators Develop questions through investigations.

Apply disciplinary concepts and tools.

Evaluate sources and use evidence.

Communicate conclusions and take informed action.

Describe the roles and responsibilities of people in authority.

Explain what roles people play in a community.

Explain the need for rules in various settings inside and outside of school.

Describe democratic principles such as equality, fairness, and respect.

Explain how people can work together to make decisions.

Describe how people try to improve their communities.

Describe the goods and services that people in the local community produce and those that are produced in other communities.

Explain how people earn income.

Describe the roles banks play.

Explain why people save money.

Describe examples of goods and services.

Describe why people in one place trade goods and services with people in other places.

Construct maps, graphs, and other representations of familiar places.

Use maps, graphs, photographs, and other representations to describe places.

Use maps, globes, and other simple geographic models to identify cultural and environmental characteristics of places.

Explain how weather, climate, and other environmental characteristics affect people’s lives in a place or region.

Describe the connections between the physical environment of a place and the economic activities found there.

Create a chronological sequence of multiple events.

Generate questions about individuals and groups who have shaped a significant historical change.

Compare the past to the present.

Explain how historical sources can be used to study the past.

Generate questions about a historic event or development.

Kindergarten Standards Kindergarten Social Studies is an introduction to broad topics connected to the lives of young children. Students will explore the sphere of their experiences within their local community and begin an identification of their place in West Virginia. They will begin developing a view of themselves as collaborative, responsible citizens in the democratic society to which they belong. Through the active investigation of their community, students will develop an understanding of how people interact with their physical environment and each other to meet their basic needs. As this sense of location matures, students will explore the past through collaboration and research.

SS.K.1

Develop an understanding of citizenship and patriotism through a variety of experiences (e.g., appropriate behavior, sharing, taking turns, volunteering, being honest, and demonstrating responsibility for materials and personal belongings).

SS.K.2

Participate in role play to resolve disputes, and demonstrate tolerance and acceptance of others and their ideas.

SS.K.3

Investigate the need for rules in their environment, create a set of classroom rules, and explore the consequences for not following the rules.

SS.K.4

Investigate the leadership roles within their families, classrooms, and schools, and demonstrate their understanding through activities such as role play and classroom jobs.

SS.K.5

Investigate occupations within the school and local community.

SS.K.6

Discover the basic needs of people (e.g., shelter, food, clothing, etc.) and give examples of each.

SS.K.7

Investigate the exchange of goods and services (e.g., money, bartering, trading, etc.).

SS.K.8

Distinguish between wants and needs.

SS.K.9

Construct a simple map of a familiar area (e.g., classroom, school, home, etc.).

SS.K.10

Identify the difference between bodies of water and land masses on maps and globes, and demonstrate directions (e.g., left/right, up/down, near/far, and above/under).

SS.K.11

Compare and contrast the ways humans adapt based on seasons and weather.

SS.K.12

Explore similarities and differences of life in the city (urban) and the country (rural).

SS.K.13

Investigate the need for symbols in daily life (e.g., exit, stop sign, bathroom signs, school zone, stop light, etc.).

SS.K.14

Illustrate personal history (e.g., first and last name, birthday, age, guardian’s name, etc.).

SS.K.15

Explore the history of the school and give examples of significant school sites and people (e.g., principals, secretaries, teachers, custodians, etc.).

SS.K.16

Investigate the past and explore the differences in other people, times, and cultures through stories of people, heroes, pictures, songs, holidays, customs, traditions, or legends.

SS.K.17

Explore time, places, people, and events in relationship to the student’s own life (e.g., pictures, stories, etc.).

SS.K.18

Explore state symbols, celebrations, holidays, and prominent West Virginians.

SS.K.19

Identify the shape of West Virginia.

SS.K.20

Track the weather to illustrate West Virginia’s climate.

SS.K.21

Recognize local communities.

SS.K.22

Explore past and present lifestyles of West Virginians.

First Grade Standards First Grade Social Studies will allow students the opportunity to further explore their growing definition of citizenship. Identifying and applying the concept of civic responsibility to a real-world problem will afford students the opportunity to practice collaboration, tolerance, and patriotism. Simulations of the exchange of goods and services will develop an understanding of the occupations and basic resources of their community. Furthering the identification of their place in the world, students will explore maps, globes and physical models of West Virginia and the nation. Utilizing authentic sources, they will examine the evolution of families and communities over time.

SS.1.1

Model patriotism, cooperation, tolerance, and respect for others within the school and community.

SS.1.2

Create scenarios and role play reflecting the use of rules and laws, their consequences, and their value within the school and community.

SS.1.3

Investigate the symbols, icons, and traditions of the United States that provide a sense of community (e.g., Labor Day, Veterans Day, Memorial Day, Pledge of Allegiance, patriotic songs, landmarks, art, and literature that demonstrate community traditions, etc.).

SS.1.4

Explore the process of how leaders are selected and how they influence decisions made in the school and community.

SS.1.5

Collaborate to identify a community need, propose a variety of solutions, and investigate how individuals could participate to solve the problem.

SS.1.6

Compare and contrast occupations within the community.

SS.1.7

Distinguish between personal needs and wants and the consequences of personal choices.

SS.1.8

Demonstrate the exchange of goods and services.

SS.1.9

Explain how individuals and families earn, spend, and save money.

SS.1.10

Reflect an understanding of cardinal directions, map symbols in a legend, geographic landforms (e.g., mountains, lakes, rivers), and location by interpreting simple maps.

SS.1.11

Describe how climate and location affect the way people live, work, and play.

SS.1.12

Explore natural resources and give examples of their uses.

SS.1.13

Sequence the seasons of the year, months, and days of the week.

SS.1.14

Utilize appropriate maps, globes, and geographic information systems.

SS.1.15

Locate and identify the following on a map:

West Virginia.

United States.

Geographic features (e.g., mountains, bodies of water, etc.).

SS.1.16

Investigate ways communities change throughout history using primary source documents and oral accounts.

SS.1.17

Examine cultural contributions of families through the use of literature, primary source documents, and oral accounts.

SS.1.18

Explore the history of the community and give examples of locally significant sites and people.

SS.1.19

Illustrate a personal history through a chronological sequence of events.

SS.1.20

Recognize and recite the state motto.

SS.1.21

Investigate the common occupations of people in West Virginia.

SS.1.22

Locate student’s hometown and county on a West Virginia map.

SS.1.23

Describe the cultural life of West Virginia as reflected in games, toys, and various art forms.

Second Grade Standards Second Grade Social Studies will begin applying the foundational concepts of citizenship and community to the broader view of our nation. Through rich opportunities for engagement, students will begin to think deeply about the citizen’s role in American government and society. They will be asked to investigate, examine, and draw conclusions regarding exchange and choice in the economy. Students will become more independent in using geographic information systems and applying them to real-world situations relating to West Virginia and the United States. Documents, oral accounts, and various forms of literature will be used to create timelines and projects illustrating the contributions of individuals and groups, both past and present, to our society.

SS.2.1

Analyze examples of the fairness of rules and laws and evaluate their consequences.

SS.2.2

Illustrate the levels of government (local, state, and national) and actively discuss the responsibilities of each level and the characteristics of effective leadership.

SS.2.3

Create a product (e.g., play, multimedia, or poster) to demonstrate an understanding of the diversity in American culture.

SS.2.4

Give examples of symbols, icons, and traditions of the United States, recite the Pledge of Allegiance, and participate in national patriotic celebrations (e.g., July 4th, Constitution Day, Martin Luther King Day, Presidents Day, and Flag Day) and community service projects.

SS.2.5

Investigate various occupations and career opportunities and how they have changed within the state and nation.

SS.2.6

Consider and categorize needs and wants in a graph, chart, or table to evaluate consequences of one choice over another.

SS.2.7

Design a system that reflects the understanding of the exchange of goods and services (e.g., trading cards and classroom store).

SS.2.8

Explain the role of banks in saving for future purchases and create a graph reflecting savings over time.

SS.2.9

Utilize a legend, compass rose, and cardinal directions to identify locations and geographic features in the United States.

SS.2.10

Identify the continents and oceans on a map and globe.

SS.2.11

Analyze how climate, location, and/or physical surroundings have caused changes in the community and state over time.

SS.2.12

Classify examples of natural resources and how people use them.

SS.2.13

Identify the characteristics and purposes of maps, globes, geographic information systems, and other geographic tools.

SS.2.14

Demonstrate an understanding of interactions among individuals, families, and communities by creating a timeline using documents and oral accounts to investigate ways communities and generations of families change.

SS.2.15

Identify cultural contributions and differences made by people from the various regions in the United States using literature, documents, and oral accounts.

SS.2.16

Explore the impact historic figures have had upon our society.

SS.2.17

Investigate state symbols, celebrations, holidays, famous West Virginians, and identify the governor of West Virginia.

SS.2.18

Locate and show examples of the natural resources and geographic features of West Virginia on a map.

SS.2.19

Locate the student’s home county, surrounding counties, the state capital, and states that border West Virginia on a map.

SS.2.20

Examine the cultural life of West Virginians through storytelling and various art forms (e.g., songs, instruments, artwork, photographs, etc.).

SS.2.21

Compare and contrast past and present lifestyles of West Virginians.

Social Studies Indicators Grades 3 – 5 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, and technology tools. Students in grades three through five will advance through a developmentally-appropriate progression of standards. The following chart represents the components of social studies that will be developed in grades 3-5.

3-5 Social Studies Indicators Develop questions through investigations.

Apply disciplinary concepts and tools.

Evaluate sources and use evidence.

Communicate conclusions and take informed action.

Distinguish the responsibilities and powers of government officials at various levels and branches of government and in different times and places.

Examine the origins and purposes of rules, laws, and key United States constitutional provisions.

Explain the origins, functions, and structure of different systems of government, including those created by the United States and state constitutions.

Describe ways in which people benefit from working together, including government, workplaces, voluntary organizations, and families.

Identify core civic virtues and democratic principles that guide government, society, and communities.

Explain how rules and laws change society and how people change rules and laws.

Compare the benefits and costs of individual choice.

Describe the role of financial institutions in an economy.

Identify examples of the variety of resources (human capital, physical capital, and natural resources) that are used to produce goods and services.

Explain how profits influence sellers in markets.

Describe ways people can increase productivity by using improved capital goods and improving their human capital.

Explain how trade leads to increasing economic interdependence among nations.

Explain the effects of increasing economic interdependence on different groups within participating nations.

Construct maps, graphs, and other representations of both familiar and unfamiliar places.

Use maps, satellite images, photographs, and other representations to explain relationships between the locations of places and regions and their environmental characteristics.

Explain how culture influences the way people modify and adapt to their environments.

Describe how environmental and cultural characteristics influence population distribution in specific places or regions.

Explain how environmental and cultural characteristics affect the distribution and movement of people, goods, and ideas.

Explain why environmental characteristics vary among different world regions.

Create and use a chronological sequence of related events to compare developments that happened at the same time.

Compare life in a specific historical time period to life today.

Explain why individuals and groups during the same historical period differed in their perspectives.

Use information about historical sources, including the creator, date, place or origin, intended audience, and purpose, to judge the extent to which the sources are useful for studying a particular topic.

Explain probable causes and effects of events and developments.

Use evidence to develop a claim about the past.

Third Grade Standards Third Grade Social Studies presents a study of the broader community and introduces the state, nation and world. There is an emphasis on geography, mapping skills, and interpreting charts and graphs. Students explain changes due to technology, human interaction with the environment and the movement of people in the context of Native American settlement and world exploration. Students practice citizenship and democratic values in the community and study the necessity of government, as well as the various levels of government in both West Virginia and the nation. Students will conduct research, formulate responses and present their findings on these topics. The basic economic concepts of scarcity, supply and demand, marketing, and budgeting within the context of the community will be introduced.

SS.3.1

Identify and explain the following commonly-held American democratic values, principles, and beliefs:

Diversity.

Rule of law.

Family values.

Community service.

Justice.

Liberty.

SS.3.2

Determine the need for government and compare and contrast the following forms: tribal, monarchy, constitutional republic, and democracy.

SS.3.3

Investigate significant cultural contributions of various groups creating the United States of America’s multicultural society.

SS.3.4

Examine historical conflicts and their resolutions during the pre-colonial time period.

SS.3.5

Examine how rights and responsibilities of citizens are reflected in patriotic symbols, songs, and holidays of the United States (e.g., the meaning of our flag’s colors, the Pledge of Allegiance and the meaning of the words, the National Anthem, Veterans Day, and Memorial Day).

SS.3.6

Participate in a local service project to discover the importance of working together and how participation leads to improvement in the lives of individuals, as well as communities.

SS.3.7

Study bank services including checking accounts, savings accounts, and borrowing, and create a mock budget.

SS.3.8

Construct and interpret graphs that illustrate the basic concept of the exchange of goods and services as related to supply and demand and show the impact of scarcity of resources.

SS.3.9

Sequence the path of a product from the raw material to the final product.

SS.3.10

Use charts, maps, and other data sources to correlate occupations with the economy and the available resources of a region (e.g., West Virginia has coal mining; Pennsylvania has steel mills; etc.).

SS.3.11

Explore SMART529, West Virginia’s Education Savings Solution program and other college saving plans.

SS.3.12

Use geographic information systems to compare and contrast various types of maps (e.g., climate, resource, physical, political, road, etc.).

SS.3.13

Distinguish between a continent, country, state, and capital.

SS.3.14

Label maps to demonstrate knowledge of map skills (e.g., label cardinal directions, intermediate directions, borders, continents, oceans, Equator, Tropic of Cancer, Tropic of Capricorn, North Pole, South Pole, and Prime Meridian).

SS.3.15

Explain the reason time zones were developed, identify the time zones of North America, and calculate the variance in time from one zone to another.

SS.3.16

Use a map scale to determine the distance between two given points.

SS.3.17

Recognize, define, and illustrate world geographic features (e.g., peninsulas, islands, mountains, canyons, plateaus, mesas, harbors, gulfs, rivers, deserts, forests, valleys, and plains).

SS.3.18

Compare and contrast regions of the United States in regard to plant and animal life, landforms, climate, and human interactions with the environment.

SS.3.19

Create a legend to identify the path of major explorers and chart those journeys on a world map (e.g., Marco Polo, Christopher Columbus, John Cabot, Hernando Cortes, and Sir Walter Raleigh).

SS.3.20

Examine the settlement of North America by Native Americans.

Illustrate the spread of the Native American population into the various regions of North America.

Determine settlement patterns based on natural resources.

Explain how Native American groups adapted to geographic factors of a given region.

Compare and contrast the cultures of the different Native American groups (e.g., source of food, clothing, shelter, and products used).

Make historical inferences by analyzing artifacts and illustrations.

Analyze the Native American interactions with others (e.g., other Native American groups, explorers, and settlers).

SS.3.21

Determine the causes and effects of European exploration.

Chronologically organize major explorers and determine the reasons for their journeys (e.g., Marco Polo, Amerigo Vespucci, Christopher Columbus, John Cabot, Hernando Cortes, Balboa, Ponce de Leon, Sir Walter Raleigh, etc.).

Investigate the motives for exploration by the various European nations (e.g., England, Spain, France, Portugal, etc.).

Determine the information the explorers gained from their journeys.

Explain the impact of the explorers’ travels on Native Americans and the world.

SS.3.22

Identify the four physical geographic regions of West Virginia, the major communities, and the natural resources found within each region.

SS.3.23

Investigate the nine tourist regions of West Virginia and identify the counties in each region.

Fourth Grade Standards Fourth Grade Social Studies is an introduction to the growth of the United States from colonization through the American Revolution to Westward Expansion prior to 1854. Students will analyze the assimilation of various colonial groups, development of improved technology, and major historical figures and events. The physical features of the United States and West Virginia and the impact of the settlers on the environment will be investigated. Students will be introduced to democratic beliefs expressed in founding documents, good citizenship, and individual rights. Students are expected to investigate the three branches of government and participate in a school or community project. Fourth graders will be introduced to economic concepts and factors that impact consumer choices. They will investigate jobs needed in the future based on the concept of supply and demand.

SS.4.1

Identify, explain, and critique commonly held American democratic values, principles, and beliefs (e.g., diversity, family values, community service, justice, liberty, etc.) through established documents (e.g., Declaration of Independence, U.S. Constitution, Bill of Rights, etc.).

SS.4.2

Compare and contrast the powers of each branch of government and identify the responsibilities and rights of United States citizens.

SS.4.3

Explore the concepts of rule of law to create a visual or oral presentation of how these concepts protect individual rights and the common good.

SS.4.4

Demonstrate patriotism by creating and implementing school/community service projects (e.g., litter cleanup, fundraisers for community groups, participation in community holiday parades, celebrations, services, etc.).

SS.4.5

Investigate and recognize people as consumers and producers of goods, as well as the effects of competition and supply-demand on prices through projects (e.g., developing budgets or products in simulated situations, etc.).

SS.4.6

Determine jobs that are needed according to supply and demand on a national level.

SS.4.7

Research and examine how slavery and indentured servitude influenced the early economy of the United States by constructing graphics (e.g., charts, graphs, tables, and grids, etc.) displaying the effect of having slaves and indentured servants.

SS.4.8

Describe and locate examples of the major physical features of the United States (e.g., bodies of water, mountains, rivers, grasslands, oases, etc.) using references and technology (e.g., atlas, globe, geographic information system, etc.).

SS.4.9

Document the effects of and explain how people adapted to factors (e.g., climate, mountains, bodies of water, etc.) on the following:

Transportation routes.

Settlement patterns and population density.

Culture (e.g., jobs, food, clothing, shelter, religion, government, etc.).

Interactions with others (local and national).

SS.4.10

Compare and contrast the physical, economic, and political changes to America caused by geographic conditions and human intervention (e.g., bridges, canals, state boundaries, transportation, etc.).

SS.4.11

Plan and construct maps to demonstrate the effect of geographic conditions on historical processes, practices, and events (e.g., colonization, industry, agriculture, major engagements in the Revolutionary War, Westward Expansion, etc.).

SS.4.12

Demonstrate an understanding of the various factors that influenced the founding of the original colonies (e.g., economic, political, cultural, etc.).

Analyze the southern, middle, and northern colonies (e.g., origins, early government, resources, religious freedom, and cultural diversity, etc.).

Compare and contrast community life, family roles, and social classes in colonial America (e.g., indentured servants, slaves, colonists, etc.).

Compare and contrast backgrounds, motivations, and occupational skills among English, French, and Spanish settlers (e.g., economics, culture, trade, new agricultural products, etc.).

SS.4.13

Demonstrate an understanding of the conflict between the American colonies and England that led to the Revolutionary War.

Explain the political and economic factors leading to the American Revolution (e.g., the French and Indian War, British colonial policies, and American colonists’ early resistance, etc.).

Explain the major ideas reflected in the Declaration of Independence.

Summarize the roles of the principal American, British, and European leaders involved in the conflict (e.g., King George III, Benjamin Franklin, George Washington, Thomas Jefferson, John Adams, Thomas Paine, Patrick Henry, and Marquis de Lafayette, etc.).

Explain the contributions of Native Americans, the French, and Dutch during the Revolutionary War, and list the contributions of women and African Americans during and after the American Revolution.

SS.4.14

Trace the beginnings of America as a nation and the establishment of the new government.

Compare and contrast the various forms of government in effect from 1774-1854 (e.g., Continental Congress, Articles of Confederation (1777), U.S. Constitution, Bill of Rights, etc.).

Analyze the accomplishments and challenges faced by the founders during the Constitutional Convention.

Research the contributions of early American historic figures (e.g., George Washington, John Adams, Abigail Adams, Thomas Jefferson, Alexander Hamilton, James Madison, Dolly Madison, etc.).

Explain the political, social, and economic challenges faced by the new nation (e.g., development of political parties, expansion of slavery, taxation, etc.).

SS.4.15

Demonstrate an understanding of the causes and effects of Westward Expansion.

Investigate the economic, political, and cultural factors involved in Westward Expansion (e.g., Land Ordinance of 1785, Northwest Ordinance of 1787, Indian Removal Act, Trail of Tears, Manifest Destiny, resources, trade, etc.).

Analyze the people and events that facilitated Westward Expansion (e.g., Daniel Boone, Louisiana Purchase, Lewis and Clark, Northwest Territory, Alamo, Gold Rush, etc.).

Trace transportation innovations and explain their impact on Westward Expansion (e.g., bridges, canals, steamboats, railroads, steam engines, clipper ships, flat boats, roads, dams, locks, ports, harbors, etc.).

SS.4.16

Locate all county seats on a West Virginia map.

SS.4.17

Analyze the impact of West Virginia’s geography on transportation, settlement, jobs, clothing, food, shelter, services, and interaction with others outside the state.

SS.4.18

Compare and contrast West Virginia’s population, products, resources, and transportation from the 18th century through modern day.

SS.4.19

Pose, research, and answer student-generated questions relating to West Virginia using print and digital.

Fifth Grade Standards Fifth Grade Social Studies is a basic overview of the United States from the Civil War to its emergence as a superpower. Students recognize and evaluate the significance of major events of each historical period. Students examine primary source documents relating to events and policies of the late 19th and early 20th centuries. They continue to learn the role of citizenship and social responsibility in the community, state, nation, and world. Students examine the transformation from rural to urban and from agricultural to industrial, focusing on the economic impact of these moves. Students learn how government decisions impact the economy.

SS.5.1

Illustrate the rights, responsibilities, duties, and privileges of a patriotic citizen using authentic situations (e.g., election, food drive, jury duty, etc.) and defend these actions as examples or non-examples of good citizenship.

SS.5.2

Assume a role (e.g., judge, juror, prosecutor, etc.) in a mock proceeding to acquire understanding of the trial-by-jury process and justify its effectiveness in solving conflicts in society both past and present.

SS.5.3

Simulate the process of making a law at the state and national level.

SS.5.4

Outline the process in which amendments are made, interpret their meanings and how they apply to the student’s daily life, lives of others, and lives of people throughout history.

SS.5.5

Compare the functions of each level of the government (local, state, and national).

SS.5.6

Summarize the provisions of the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution, including how the amendments protected the rights of African Americans and sought to enhance their political, social, and economic opportunities.

SS.5.7

Explain the concept of supply and demand in specific historic and current economic situations in the United States (e.g., slavery, oil, gas, Industrial Revolution, etc.).

SS.5.8

Critique the economic reasons for immigration and migration throughout the United States during specific times in history and relate the information to the present (e.g., Great Migration, Ellis Island, etc.).

SS.5.9

Investigate the resources (e.g., oil, land, gas, etc.) of the geographic regions of the United States and the world (e.g., Midwest, Middle East, etc.) and explain their impact on global economic activities.

SS.5.10

Compare the industrial North and the agricultural South prior to the Civil War, the geographic characteristics and boundaries of each region, and the basic way of life in each region.

SS.5.11

Explain the economic problems that forced former slaves to continue to live in servitude even after slavery was officially abolished by the Thirteenth Amendment.

SS.5.12

Compare the economic and social effects of Reconstruction on different populations, including the move from farms to factories and the change from the plantation system to sharecropping.

SS.5.13

Explain the social and economic effects of Westward Expansion on Native Americans, including changes in federal policies, armed conflicts, opposing views concerning land ownership, and Native American displacement.

SS.5.14

Explain how aspects of the terrain (e.g., the principal mountain ranges, rivers, vegetation, and climate of the region, etc.) affected westward travel and settlement.

SS.5.15

Summarize the significance of large-scale immigration and the contributions of immigrants to America in the early 1900s (e.g., the countries from which they came, the opportunities and resistance they faced when they arrived, and the cultural and economic contributions they made to this nation, etc.).

SS.5.16

Illustrate the effects of settlement on the environment of the West (e.g., changes in the physical and human systems, etc.).

SS.5.17

Compare and contrast the various regions of the United States; locate each of the fifty United States and correlate them with their regions.

SS.5.18

Utilize appropriate geographic information systems including maps, globes, and geographic technology to examine, gather, and analyze data in a variety of real-world situations.

SS.5.19

Display information on maps, globes, geographic models, and in graphs, diagrams, and charts (e.g., designing map keys and legends, etc.).

SS.5.20

Using a grid system, locate specific points on a map and explain the use of lines of latitude and longitude.

SS.5.21

Demonstrate an understanding of the industrial North and the agricultural South before, during and after the Civil War.

Research the roles and accomplishments of the leaders of the reform movements before and during the Civil War (e.g., abolition movement, Underground Railroad, and other social reforms, etc.).

Explain how specific events and issues led to the Civil War (e.g., sectionalism fueled by issues of slavery in the territories, states’ rights, election of 1860, and secession).

Summarize key battles, strategies, and turning points of the Civil War (e.g., Fort Sumter, Antietam, Gettysburg, other regional battles, and the surrender at Appomattox).

Compare the roles and accomplishments of historic figures of the Civil War (e.g., Abraham Lincoln (Emancipation Proclamation, Gettysburg Address), Ulysses S. Grant, Jefferson Davis, Robert E. Lee, Clara Barton, and Frederick Douglass, etc.).

Explain the impact of the Civil War’s physical destruction on the nation and the people (e.g., soldiers, women, African Americans, the civilian population, etc.).

SS.5.22

Examine the economic, political, and social developments during Reconstruction.

Explain the effects of Abraham Lincoln’s assassination and the goals of Reconstruction.

Characterize the effects of Reconstruction on African Americans (e.g., rights and restrictions, Thirteenth, Fourteenth, and Fifteenth Amendments, rise of discriminatory laws and groups (Ku Klux Klan), motivations to relocate, and the actions of the Freedmen’s Bureau, etc.).

SS.5.23

Demonstrate an understanding of the advances in transportation and its effect on Western Expansion.

Illustrate how railroads affected development of the West (e.g., ease of travel, influence on trade, impact on environment, etc.).

Compare and contrast conflicts between various groups in the West (e.g., miners, ranchers, cowboys, Native Americans, Mexican Americans, and European and Asian immigrants, etc.).

SS.5.24

Demonstrate an understanding of major domestic and foreign developments that contributed to the United States becoming a world power.

Summarize key events and political leaders surrounding the Spanish-American War and the annexation of new territory.

Explain the United States involvement in Latin America and the role they played in the building of the Panama Canal.

Describe how the need for new markets led to the buildup of the Navy and the need for naval bases in the Pacific.

SS.5.25

Analyze the people and the factors that led to Industrialization in the late 19th century United States.

Examine how the Industrial Revolution was furthered by new inventions and technologies (e.g., light bulb, telegraph, automobile, assembly line, etc.).

Identify prominent inventors and scientists of the period and summarize their inventions or discoveries (e.g., Thomas Edison, Alexander Graham Bell, the Wright Brothers, Henry Ford, Albert Einstein, etc.).

Explain the causes and effects of immigration and urbanization on the American economy during the Industrial Revolution (e.g., role of immigrants, the growth of cities, the shift to industrialization, the rise of big business and reform movements, etc.).

SS.5.26

Reconstruct the economic, social, and political history of West Virginia through the use of primary source documents.

SS.5.27

Sequence the events that led to the formation of the state of West Virginia (e.g., timeline).

SS.5.28

Analyze the moral, ethical, and legal tensions that led to the creation of the new state of West Virginia and how those tensions were resolved.

Social Studies Indicators Grades 6 – 8 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, and technology tools. Students in grades six through eight will advance through a developmentally-appropriate progression of standards. The following chart represents the components of social studies that will be developed in grades 6-8.

6-8 Social Studies Indicators Develop questions through investigations.

Apply disciplinary concepts and tools.

Evaluate sources and use evidence Communicate conclusions and take informed action.

Distinguish the powers and responsibilities of citizens, political parties, interest groups, and the media.

Explain specific roles played by citizens (such as voters, jurors, taxpayers, members of the armed forces, petitioners, protesters, and office-holders).

Examine the origins, purposes, and impact of constitutions, laws, treaties, and international agreements.

Explain the powers and limits of the three branches of government.

Explain the origins, functions, and structure of government with reference to the U.S. Constitution, state constitutions, and selected other systems of government.

Assess specific rules and laws (both actual and proposed) as a means of addressing public problems.

Compare historical and contemporary means of changing societies and promoting the common good.

Explain how economic decisions affect the well-being of individuals, businesses, and society.

Evaluate alternative approaches or solutions to current economic issues in terms of benefits and costs for different groups and society as a whole.

Explain the roles of buyers and sellers in product, labor, and financial markets.

Explain how changes in supply and demand cause changes in prices and quantities of goods, and services, labor, and credit.

Analyze the role of innovation and entrepreneurship in a market economy.

Describe the roles of institutions such as corporations, non-profits, and labor unions in a market economy.

Explain how inflation, deflation, and unemployment affect different groups.

Explain barriers and benefits to trade and how they affect individuals, businesses, and society.

History and Literacy Construct maps to represent and explain the spatial patterns of cultural and environmental characteristics.

Use maps, satellite images, photographs, and other representations to explain relationships between the locations of places and regions and changes in their environmental characteristics.

Use paper based and electronic mapping and graphing techniques to represent and analyze spatial patterns of different environmental and cultural characteristics.

Explain how cultural patterns and economic decisions influence environments and the daily lives of people in both nearby and distant places over time.

Explain how changes in transportation and communication technology influence the spatial connections among human settlements and affect the diffusion of ideas and cultural practices.

Analyze the ways in which cultural and environmental characteristics vary among various regions of the world.

Explain how global changes in population distribution patterns affect changes in land use in particular places.

Analyze connections among events and developments in broader historical contexts.

Use questions generated about individuals and groups to analyze why they, and the developments they shaped, are seen as historically significant.

Analyze multiple factors that influence people’s perspectives during different historical eras.

Analyze how people’s perspectives have changed and how those perspectives have influenced what information is available in the historical sources they created.

Use questions generated about multiple historical sources to identify further areas of inquiry and additional sources.

Explain multiple causes and effects of events and developments in the past.

Evaluate the relative influence of various causes of events and developments in the past.

Organize applicable evidence into a coherent argument about the past.

Read and comprehend history/social studies texts at or above grade level text complexity band independently and proficiently.

Write informative/explanatory texts, including narration of historical events.

Conduct short research projects to answer a question, drawing on several sources.

Sixth Grade Standards Sixth Grade Social Studies expands the role of citizenship and patriotism. Students learn about the roles and functions governments play in world events and organizations that help resolve conflicts. Students will use both current and historical maps to explain the effects of major events on political boundaries around the world. Students will learn how the economy is affected by trade and trade organizations, technology, and renewable and nonrenewable resources as well as world conflicts. The causes and responses to world conflicts from World War I to present day will be evaluated.

SS.6.1

Apply the process of how a bill becomes a law to follow a current legislative bill.

SS.6.2

Compare and contrast different forms of government worldwide and their influence on historic world events.

The Great Depression World War I World War II 2001 Attacks on World Trade Center and Pentagon (9/11)

SS.6.3

Identify the structure of the United States Congress and the constitutional requirements for congressional membership.

SS.6.4

Identify current key figures in United States government.

President Vice President Speaker of the House Secretary of State Current Members of Congress from West Virginia SS.6.5 Examine and analyze the effectiveness of various acts of patriotism and civil discourse (e.g., support of American military during wartime, Vietnam War protests, Civil Rights, respect for the flag, and response of Americans to 9/11).

SS.6.6

Identify global relief and development organizations and examine how they provide global aid and support (e.g., Red Cross, United Nations Children’s Fund [UNICEF], Doctors without Borders, Engineers without Borders, and World Health Organization).

SS.6.7

Research and organize information about an issue of global concern from multiple points of view (e.g., ecology, natural resources, and human rights).

SS.6.8

Compare and contrast the basic economic characteristics of communism, socialism, and capitalism.

SS.6.9

Identify examples of renewable and non-renewable resources and analyze the factors that affect these resources on the individual, local, and national economies.

SS.6.10

Define United States-Mexico-Canada Agreement (USMCA) and summarize its effects on the United States economy.

SS.6.11

Trace and analyze the development of government economic policy and regulation from early 1900’s-present day (e.g., Reagan era, Post- Great Depression, Progressive Era).

SS.6.12

Classify and evaluate the different types of world trade organizations (e.g., trade, military and health).

SS.6.13

Assess the economic impact of technology on world regions throughout history.

SS.6.14

Identify geographic features that have influenced the safety of the United States and isolated it from conflicts abroad.

SS.6.15

Compare and contrast historical maps and identify the changes in political boundaries as a result of conflicts.

SS.6.16

Examine population data from the United States Census Bureau and infer the reasons for changes and differences in various areas (e.g., difference between rural and urban areas).

SS.6.17

Determine the time of specific world locations using a world time zone map.

SS.6.18

Locate the major natural and man-made waterways and examine their impact on transportation and trade (e.g., Erie Canal, Panama Canal, Suez Canal, Rhine River, Amazon River, Mississippi River, etc.).

SS.6.19

Demonstrate an understanding of the causes, key events and outcomes of World War I.

Explain the key events that led to the outbreak of World War I, including the rise of nationalism, imperialism, and militarism.

Chart the sequence of events that led to the United States’ entry into World War I.

Analyze the role of propaganda in influencing the United States to enter World War I.

Explain the outcomes and effects of World War I including the conditions and failures of the League of Nations and the Treaty of Versailles.

SS.6.20

Explain the global causes and effects of the Great Depression.

Identify the economic conditions around the world that existed following World War I.

Examine and categorize causes of the Great Depression worldwide.

Analyze the political response to the economic and social conditions of the Great Depression in the United States and Germany.

SS.6.21

Demonstrate an understanding of the causes, key events and outcomes of World War II.

Summarize the rise of totalitarian governments in Germany, Italy, Japan, and the Soviet Union.

Examine the political and economic transformation of Western and Eastern Europe after World War II, identifying the significance of the Truman Doctrine, the Marshall Plan, the North Atlantic Treaty Organization (NATO), the United Nations, the Warsaw Pact, and the European Economic Community.

Analyze the role of appeasement and isolationism as an attempt to avoid war.

Analyze the role of strong leadership during the war and critique their responses to the conflict.

Investigate the role of the United States in World War II.

Examine the human rights violations during times of war.

Analyze the United States civilian response on the home-front to the war (e.g., “Rosie the Riveters,” victory gardens, rationing, etc.).

SS.6.22

Demonstrate an understanding of global developments following World War II including the impact of the Cold War on the world.

Evaluate the influence of the United States and Soviet Union as leading world powers following World War II.

Outline the United States policy of containment and the social effects of this policy.

Summarize the events of the Cold War (e.g., Korean Conflict, Vietnam War, Cuban Missile Crisis, and Space Race).

Describe the Soviet Union’s domination of Eastern Europe, the rise of the Communist party in China and the building of the Berlin Wall.

Analyze the role of strong leadership in ending the Cold War.

Debate the pros and cons of the impact of nuclear power and analyze how it might relate to the issue of atomic weapons.

SS.6.23

Identify the key figures, events, and philosophies of the United States Civil Rights Movement.

Trace the development of Civil Rights for minority groups in the United States. (e.g., women, African Americans, immigrants [Asian, European], Native Americans, etc.)

Identify key figures and key events in movements for civil rights.

SS.6.24

Demonstrate an understanding of the causes and effects of the world conflicts in the late 20th and early 21st centuries.

Analyze the role of natural resources in Middle Eastern conflicts.

Describe the role of geo-politics in historic events.

Identify the key figures in Middle Eastern conflicts and investigate the United States reaction to these events (e.g., Saddam Hussein, Osama bin Laden, terrorism, 9/11, wars in Iraq and Afghanistan).

Seventh Grade Standards Seventh Grade Social Studies focuses on a geographic analysis of the ancient world’s history in a continent-based study. Students will evaluate the development of ancient civilizations emerging from each continent and the impact of geography on the economic and political development of those groups. Students will apply geographic concepts through analyses of maps, charts, and data. Students will classify and compare various forms of government.

SS.7.1

Classify and compare various forms of government over time (e.g., democracy, republic, absolute monarchy, constitutional monarchy, oligarchy, dictatorship, theocracy, and parliamentary system).

SS.7.2

Recognize and examine patriotism and nationalism.

SS.7.3

Compare and contrast the roles, rights, and responsibilities of free men, women, children, slaves, and foreigners across time in various civilizations.

SS.7.4

Examine current world events to evaluate how the global landscape has changed over time.

SS.7.5

Summarize and give examples of basic economic terms (e.g., barter, supply, demand, trade, interdependence, currency, and scarcity).

SS.7.6

Differentiate between goods and services.

SS.7.7

Trace the emergence of traditional economies that led to the development of ancient economic systems.

SS.7.8

Examine and draw conclusions about how the effects of natural and human events influence economies (e.g., environmental disasters, diseases, and war).

SS.7.9

Research and investigate how natural resources impact the economy.

SS.7.10

Identify, define, and apply the five themes of geography to ancient and modern civilizations.

SS.7.11

Apply geographic skills and interpret various maps, charts, diagrams, and graphs.

Use correct geographic terminology (e.g., absolute and relative location, latitude, longitude, equator, prime meridian, time zones, and physical features of the earth) to draw conclusions about information on a variety of maps, graphs, and charts.

Identify, locate, and draw conclusions about information on a variety of maps (e.g., seven continents, bodies of water, countries, cities, climate regions, transportation routes, and natural resources).

Differentiate between physical and human geography.

Utilize digital mapping technology (e.g., Geographical Information Systems (GIS) to represent various features related to physical and human geography.

SS.7.12

Analyze the impact of cultural diffusion on a variety of regions.

Evaluate the human and physical geography of the United States and Canada.

Explain the impact of the specific location on the development of history.

Analyze human activities (e.g., migration patterns, use of natural resources) on the development of the region.

SS.7.13

Evaluate the human and physical geography of Central and South America and the Caribbean.

Investigate the connection between physical landforms and population and weather patterns.

Analyze the impact of human-environment interaction (e.g., deforestation, sea travel, canals).

SS.7.14

Evaluate the human and physical geography of Europe.

Identify physical features of Europe’s geography.

Examine the impact of Europe’s physical geography on Europeans’ ability to share ideas and culture.

SS.7.15

Evaluate the human and physical geography of Russia and Northern Eurasia.

Identify major landforms (e.g., plains, mountains, plateaus).

Evaluate the relationship between landforms and economic activities, ethnic diversity, and environmental issues within the region.

SS.7.16

Evaluate the human and physical geography of the Middle East and North Africa region.

Identify physical geographic features and natural resources located in the Middle East and North Africa.

Examine the relationship between available resources and the economy, ethnic conflict, and environmental issues.

SS.7.17

Evaluate the human and physical geography of Africa South of the Sahara.

Identify the physical features and natural resources located in Africa south of the Sahara.

Evaluate the impact of those physical features on settlement patterns, use of natural resources, economic issues, and ethnic conflict.

SS.7.18

Evaluate the human and physical geography of the region of South Asia.

Identify the physical features of the region of South Asia (e.g., rivers, plateaus, seas).

Evaluate the relationship between the physical features of this region and the impact on settlement patterns, internal conflict, and overpopulation.

SS.7.19

Evaluate the human and physical geography of East and Southeast Asia.

Identify the physical features located in East and Southeast Asia.

Analyze the significance of these physical features on the development of cultural identity, settlement patterns, and relations between other nations.

SS.7.20

Evaluate the human and physical geography of Australia and Oceania.

Identify physical landforms and bodies of water within this region.

Analyze the impact of those physical features on settlement patterns and human activities.

SS.7.21

Demonstrate an understanding of prehistory, the concept of change over time, and the emergence of civilization.

Analyze the interaction of early humans with their environment and evaluate their decisions (e.g., hunting, migration, shelter, food, and clothing).

Detail and predict the causes and effects of the Agricultural Revolution.

SS.7.22

Analyze the rise of ancient civilizations and native cultures throughout the geographic regions of the world (e.g., Mesopotamia, Ancient Israel, Ancient Egypt, Mayans, Indus River Valley, etc.).

Identify the leaders and distinguish the basic principles and philosophies of the major religions in the world as they emerged and expanded.

Identify the contributions and influences of ancient civilizations and categorize the factors that led to their fall (e.g., philosophy, architecture, civics, literature, the arts, science, and mathematics).

SS.7.23

Demonstrate an understanding of civilizations across the globe within the classical era.

SS.7.24

Demonstrate an understanding of present-day and ancient world connections, including but not limited to colonization and trade (e.g., competition for resources, culture, government, traditions, etc.).

Eighth Grade Standards Eighth Grade West Virginia Studies engages students in the comprehensive study of West Virginia, from the Pre-Columbian period to the present day. Special emphasis is placed on the interdependence of geographic, cultural, political, environmental and economic factors affecting the development and future of the state. Students develop empathy for citizens worldwide as they demonstrate connections and loyalty to homeland. Students are actively engaged citizens of their school and community and develop national and global civic perspective and responsibility. Students become economically literate to understand West Virginia’s global connectivity in the marketplace both as a producer and a consumer of international goods and services. Students synthesize their information to predict the future development and evolution of their state.

SS.8.1

Demonstrate patriotism through the planning, participation, and observance of important anniversaries and remembrances (e.g., Pearl Harbor, Veterans’ Day, Constitution Day, and Patriots Day).

SS.8.2

Evaluate how citizens can influence and participate in government at the local, state, and national levels and assume the role of an active citizen participating in the democratic process (e.g., lobbying, voting, community service, letter writing, and school elections).

SS.8.3

Identify, analyze, and evaluate the responsibilities, privileges, and rights of citizens of the State of West Virginia found in the state and national constitutions.

SS.8.4

Differentiate between the division of powers and responsibilities for each of the executive, legislative, and judicial branches of the United States and West Virginia governments, describe the system of checks and balances, and explore local forms of government.

Analyze the functions and jurisdictions of the federal, state, local and special courts (e.g., United States Supreme Court, state supreme court, circuit courts, magistrate courts, and family courts).

Identify the elected officials at the national, state, and local levels, the constitutional requirements for election and responsibilities of each office.

Explain the amendment process of the West Virginia Constitution, give examples of amendments, and explain their purpose.

Explain the process of how a bill becomes a law in West Virginia.

Identify and explain the various types of elections in West Virginia (e.g., primary/general, state/local, and partisan/non-partisan).

Compare and contrast the relationship and function of local, county, state, and national governments.

SS.8.5

Predict the outcome of selected proposed bills in a current legislative session and assume the role of a lawmaker in a mock legislature to pass a bill into law.

SS.8.6

Evaluate West Virginia’s role in the global economy as it relates to natural resources and national/ international business and trade.

SS.8.7

Correlate West Virginia economic conditions with the effects on its citizens (e.g., employment, population, migration, and health).

SS.8.8

Analyze the impact of absentee ownership, renewable and nonrenewable natural resources, labor unionization and the development of infrastructure on the economic growth of West Virginia (e.g., railroad, major highways, internet, and cellular service).

SS.8.9

Research and cite industries and products that are vital to the economy of the four regions of West Virginia both past and present, and categorize the related occupations (e.g., tourism, coal, glass, timber, chemical, oil, natural gas, agriculture industries, and activities under the West Virginia Lottery).

SS.8.10

Identify major sources of revenue and their use by West Virginia state and local governments (e.g., property tax, income tax, licenses, excise tax, severance tax, levies/bonds, and activities under the West Virginia Lottery).

SS.8.11

Compare and contrast the effects of technological/industrial advances as they relate to economy vs. environment and their effects on the demographic profile of West Virginia (e.g., entrepreneurial businesses, agriculture, tourism, education, interstate commuters, mining, and natural gas).

SS.8.12

Provide opportunities for students to explore careers, SMART529, West Virginia’s Education Savings Solution, College Foundation of West Virginia, and postsecondary options.

SS.8.13

Label the four major physical geographic regions, major rivers, landforms, natural/manmade borders, points of interest, and bordering states on selected maps.

SS.8.14

Identify the 55 counties and major cities of West Virginia on a map and explain the reason for the development of the major cities in their respective locations.

SS.8.15

Investigate climate, landforms, natural resources, and population density in West Virginia’s geographical regions using special purpose maps and evaluate the impact of people’s lives and settlement pattern.

SS.8.16

Illustrate how technological advances have affected the cultural isolation of West Virginia (e.g., internet, cellphone communications, electronic devices, and social media).

SS.8.17

Analyze the geographic factors that affected the development of agricultural, coal, glass, chemical, metallurgic, and tourism industries in West Virginia.

SS.8.18

Identify West Virginia’s exact and relative location on a variety of maps and globes by using correct geographic vocabulary and graphic displays.

SS.8.19

Identify the nine distinct tourist regions in the State of West Virginia and analyze which geographic factors influence each region.

SS.8.20

Demonstrate an understanding of the settlement of western Virginia and the United States by Native Americans and Europeans.

Differentiate between the cultures and daily life of the Native Americans.

Summarize the history of European exploration and settlement in western Virginia from initial explorers to early settlers.

Explain the role of western Virginia in the French and Indian War.

SS.8.21

Demonstrate an understanding of the American Revolution, including western Virginia’s part in the development of the nation.

Compare and contrast the perspectives and roles of various western Virginians during the American Revolution including those of political leaders, soldiers, patriots, Tories/Loyalists, women, and Native Americans.

Identify the key conflicts, battles, and participants of the American Revolution in western Virginia and their effects on the area.

Summarize events related to the adoption of Virginia’s constitutional conventions, the role of western Virginia and its leaders in the Continental Congress, and the ratification of the U.S. Constitution.

Explain the economic and political tensions between the people of western and eastern Virginia including the economic struggles of both groups following the American Revolution and their disagreement over representation.

SS.8.22

Demonstrate an understanding of the American Civil War including its causes, effects, and the major events that led to West Virginia statehood.

Explain the effect of key events leading to western Virginia’s separation from Virginia after secession (e.g., First and Second Wheeling Conventions and John Brown’s Raid).

Describe the moral, ethical, and legal tensions that led to the creation of the new State of West Virginia and how these tensions were resolved (e.g., Virginia vs. West Virginia 1871).

Compare and contrast the military strategies of the North and South with regard to specific events and geographic locations in West Virginia (e.g., the Battles of Philippi, Rich Mountain, Droop Mountain, Scary Creek, and Carnifex Ferry).

Identify significant contributions of men and women of West Virginia during the Civil War and identify the roles of ethnic and racial minorities.

SS.8.23

Demonstrate an understanding of major social, political, and economic developments that took place in West Virginia during the second half of the 19th century.

Identify the types of transportation that facilitated the growth of West Virginia.

Compare and contrast the West Virginia Constitutions of 1862 and 1872.

Summarize societal changes that occurred in various regions of West Virginia in the late 19th century due to the growth of industry.

Explain the significance of increased immigration into the United States in the late 19th century to West Virginia, including cultural and economic contributions of immigrants, opportunities, and struggles experienced by immigrants, increased racial hostility, and the effect of racial and ethnic diversity on national identity.

SS.8.24

Demonstrate an understanding of West Virginia’s development during the early 20th century.

Analyze the evolution of the labor movement in West Virginia.

Summarize the progressive reform movement in West Virginia (e.g., child labor laws, Prohibition, improvements to roads, hospitals, libraries, tax reforms, changes to local government systems, and the roles of significant individuals and groups).

Summarize the political, social and economic situation in West Virginia following World War I, including progress in suffrage for women, improvements in daily life in urban/rural areas, Roaring 20’s, and developments in industry.

Explain the effects of the Great Depression and the lasting impact of New Deal programs on West Virginia, including the Homestead Projects.

SS.8.25

Demonstrate an understanding of West Virginia’s development during the mid-20th century.

Summarize the significant aspects of the economic and industrial growth experienced by West Virginia during World War II (e.g., chemical industry, steel industry, and coal industry).

Identify the labor/management strategies that have affected West Virginia’s economy (e.g., strikes, boycotts, yellow-dog contracts, injunctions, and lock‑outs).

Explain the economic, social, and political impact of 20th century events on West Virginia (e.g., school integration, Civil Rights Movement, Cold War, and Vietnam War).

SS.8.26

Demonstrate an understanding of West Virginia in the modern era.

Compile lists of fairs and festivals in West Virginia that can be attributed to the influence of various cultural groups who have settled in the state, explaining the heritage of the fair or festival and its significance to the preservation of West Virginia history.

Analyze the economic, social and political impact of the late 20th century and 21st century events on West Virginia (e.g., terrorism, Gulf War, Iraq War, and War in Afghanistan).

Social Studies Indicators Grades 9 - 12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, and technology tools. Students in high school will advance through a selection of courses to become more prepared for the challenges of college and career along with a third critical element, preparation for civic life. The following chart represents the components of social studies that will be developed in grades 9-12. The High School Social Studies course sequence may be prescribed at the county level. Please see Policy 2510 for a list of required social studies courses. Civics and Contemporary Studies must have one of the United States Studies courses as a prerequisite.

9-12 Social Studies Indicators Develop questions through investigations.

Apply disciplinary concepts and tools.

Evaluate sources and use evidence.

Communicate conclusions and take informed action.

Distinguish the powers and responsibilities of local, state, tribal, national, and international civic and political institutions.

Analyze the roles of citizens in the United States political system.

Explain how the U.S. Constitution establishes a system of government that has powers, responsibilities, and limits that have changed over time and that are still contested.

Critique relationships among governments, civil societies, and economic markets.

Evaluate the social and political systems that, in different contexts, times, and places, promote civic virtues and demonstrate democratic principles.

Analyze the impact and the appropriate roles of personal interests and perspectives on the application of civic virtues, democratic principles, constitutional rights, and human rights.

Evaluate multiple procedures for making governmental decisions at all levels.

Analyze how people use and influence local, state, national, and international laws in order to address a variety of public issues.

Evaluate public policies in terms of intended and unintended outcomes, and their related consequences.

Analyze historical, contemporary, and emerging means of changing societies, while still promoting the common good and protecting rights.

Analyze how incentives influence choices that may result in policies with a range of costs and benefits for different groups.

Evaluate the extent to which competition among sellers and among buyers exists in specific markets.

Describe the consequences of competition.

Use benefits and costs to evaluate the effectiveness of government policies to improve market outcomes.

Describe the roles of banks and other financial institutions.

Describe the roles institutions play in such things as clearly defined property rights and the rule of law in a market economy.

Use current data to explain the influence of changes in spending, production, and the money supply on various economic conditions.

Use key economic indicators to analyze the current and future state of the economy.

Evaluate the selection of monetary and fiscal policies in a variety of economic conditions.

Explain why advancements in capital goods and human capital increase economic growth and standards of living.

Explain how current globalization trends and policies affect economic growth, labor markets, rights of citizens, the environment, and resources and income distribution in various nations.

History and Literacy Use geospatial and related technologies to create maps to display and explain the spatial patterns of cultural and environmental characteristics.

Use maps, satellite images, photographs, and other representations to explain relationships between the locations of places and regions and their political, cultural, and economic dynamics.

Analyze relationships and interactions within and between human and physical systems to explain reciprocal influences that occur among them.

Evaluate how past political and economic decisions have influenced cultural and environmental characteristics of various places and regions.

Evaluate the impact of human settlement activities on the environmental and cultural characteristics of specific places and regions.

Explain how changes in transportation and communication technology influence the spatial connections among human settlements and affect the diffusion of ideas and cultural practices.

Analyze the reciprocal nature of how historical events and the spatial diffusion of ideas, technologies, and cultural practices have influenced migration patterns and the distribution of human population.

Evaluate how economic globalization and the expanding use of scarce resources contribute to conflict and cooperation within and among countries.

Evaluate the effects of human-made and natural catastrophes on global trade, politics, and human migration.

Evaluate how historical events and developments were shaped by unique circumstances of time and place as well as broader historical contexts.

Use questions generated about individuals and groups to assess how the significance of their actions changes over time and is shaped by the historical context.

Analyze how historical contexts shaped and continue to shape people’s perspectives.

Analyze the ways in which the perspectives of those writing history shaped the history that they produced.

Explain how the perspectives of people in the present shape interpretations of the past.

Analyze the relationship between historical sources and the secondary interpretations made from them.

Detect possible limitations in various kinds of historical evidence and differing secondary interpretations.

Use questions generated about multiple historical sources to pursue further inquiry and investigate additional sources.

Critique the validity of the historical sources used in a secondary interpretation.

Distinguish between long-term causes and triggering events in developing a historical argument.

Integrate evidence from multiple relevant historical sources and interpretations into a reasoned argument about the past.

Critique the central argument in secondary works of history on related topics in multiple media in terms of their historical accuracy.

Read and comprehend history/social studies texts at or above grade level text complexity band independently and proficiently.

Write informative/explanatory texts, including the narration of historical events.

Conduct short, as well as more sustained, research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

World Studies World Studies engages students in the study of the development and evolution of the historic, economic, geographic, political, and social structures of the cultural regions of the world from the advent of classical civilizations to the modern era. Special attention is given to the formation and evolution of societies into complex social, political, and economic systems. Students are engaged in critical thinking and problem-solving skills using primary and secondary sources, maps, spreadsheets, charts, graphs, text, and other data from a variety of credible material. Students synthesize the information to predict events, build context, and anticipate outcomes as history evolves through the ages.

SS.W.1

Describe the roles of citizens and their responsibilities (e.g., classical civilizations, feudal systems, developing nation states and neo-feudal systems, democratic and communist regimes, and 21st century society).

SS.W.2

Analyze and connect the status, roles, and responsibilities of free men, women, children, slaves, and migrants across time in various civilizations.

SS.W.3

Analyze and evaluate various ways of organizing systems of government to illustrate the continuity and change in the role of government over time (e.g., Hammurabi’s Code, the Twelve Tables of Rome, Justinian Code, Magna Carta, English Bill of Rights, Articles of Confederation (1777), U.S. Constitution, Declaration of the Rights of Man and Citizen, and Treaty of Versailles).

SS.W.4

Compare and contrast political ideologies in order to analyze the evolving role of government in world affairs prior to the year 1900 (e.g., democracies, republics, dictatorships, various types of monarchies, oligarchies, theocracies, and parliamentary systems).

SS.W.5

Research and categorize multiple current and historical world aid organizations and assess the importance of global volunteerism as a 21st century citizen (e.g., Amnesty International, Doctors Without Borders, Human Rights Campaign, International Red Cross, Invisible Children, Peace Corps, etc.).

SS.W.6

Examine and illustrate the trade patterns (e.g., resource allocation, mercantilism, and other economic systems) of regions of the world across time and explain their significance to the evolution of global economics.

SS.W.7

Identify types of exchange systems (e.g., barter, money) and the role forms of currency play in acquiring goods and services.

SS.W.8

Analyze the importance of family, labor specialization, industrialization, and regional commerce in the development of global trade systems.

SS.W.9

Define scarcity, demonstrate the role of opportunity costs in decision making, and examine economic reasons for the rise and fall of civilizations (e.g., Roman Empire, the Crusades and Imperialism, and the Union of Soviet Socialist Republics (USSR).

SS.W.10

Use different types of maps, terminology, and geographic tools to analyze features on Earth to investigate and solve geographic questions.

SS.W.11

Explain how altering the environment has brought prosperity to some places and created environmental dilemmas for others.

SS.W.12

Apply geography skills to help investigate issues and justify possible resolutions involving people, places, and environments.

SS.W.13

Explain how migration of people and movement of goods and ideas can enrich cultures, but also create tensions.

SS.W.14

Explain how the uneven distribution of resources in the world can lead to conflict, competition, or cooperation among nations, regions, and cultural groups.

SS.W.15

Use maps, charts, and graphs to depict the geographic implications of world events.

SS.W.16

Demonstrate an understanding of classical civilizations (e.g., Ancient Greece, Ancient Rome, Han Dynasty, Mesoamerican Civilizations, and Mauryan Dynasty) and the influence of those civilizations across time and space.

Compare and contrast the causes and effects of the rise and decline of classical civilizations.

Analyze the impact of religion on classical civilizations.

SS.W.17

Demonstrate an understanding of “post-classical” societies and the influence of those societies on the history of the world in areas of social, political, and economic change.

Analyze contributions of post-classical societies.

Compare and contrast societies in Europe, Asia, and the Americas, after the fall of the Classical Civilizations.

Examine social, political, and economic change over time with regards to post classical societies.

Evaluate how some societies are similar and different in the Post-Classical Era (e.g., The Mongols compared to traditional empires, Feudalism in Asia, Europe, and America).

SS.W.18

Demonstrate an understanding of the changes in society because of the Renaissance, Reformation, Age of Exploration, and the Enlightenment.

Compare the impacts of the Renaissance on life in Europe (e.g., Humanism, art, literature, music, and architecture).

Analyze the religious reformations and their effects on theology, politics, and economics.

Summarize the origins and contributions of the scientific revolution.

Explain how European needs/wants for foreign products contributed to the Age of Exploration.

Explain the ways that Enlightenment ideas spread through Europe and their effect on society (e.g., John Locke, Voltaire, Jean-Jacques Rousseau, and Baron de Montesquieu.)

SS.W.19

Demonstrate an understanding of global politics after the 16th century focusing on the long-term effects of political changes resulting from the emergence of strong monarchial governments.

SS.W.20

Analyze the Industrial Revolution and determine its impact on the evolution of society.

Explain the factors (environmental, societal, cultural, and technological) that led to the Industrial Revolution.

Evaluate methods that helped the spread of Industrialization.

SS.W.21

Analyze the causes and effects of political revolutions and determine their impact on the formation of governments and on the citizens of a society (e.g., French, Latin America, Haiti, Italian Unification, German Unification, etc.).

SS.W.22

Many states had various motives for imperial expansion and its effects varied.

Compare the political actions of European, Asian, and African nations in the era of imperial expansion.

Assess the impact of colonization on both the mother countries and their colonies.

SS.W.23

Explain the causes and effects of political, social, and economic transformation in Europe in the 19th century, including the significance of nationalism, the impact of industrialization on different countries, and the effects of democratization which lead to World War I.

SS.W.24

Analyze the causes and effects of the Great Depression during the Interwar period and how this led to the rise of totalitarian regimes around the world (e.g., the rise of Nazi Germany, Fascist Italy, USSR under Stalin, and East Asia).

SS.W.25

Evaluate causes and effects of World War II on the 20th/21st century including western democracies and totalitarian regimes mobilizing for war. Students will analyze consequences of World War II including:

The East/West divide leading to the Cold War.

Mass atrocities in the 20th century.

Economic impact of World War II in the East and West because of World War II.

SS.W.26

Analyze causes, perspectives, and effects of the Cold War.

Ideological differences between the East and West.

The evolution of proxy wars and movements to redistribute land in Latin America, Asia, and Africa.

SS.W.27

Analyze decolonization and independence movements across the globe in the 20th century (India-Gandhi, South Africa-Apartheid, African/Asian Independence from Britain).

SS.W.28

Evaluate the global causes and consequences of globalization in the 20th century.

Explain environmental interactions (e.g., diseases such as Spanish Flu, Ebola, HIV/AIDs, as well as human interaction with the natural environment).

Examine continuities and changes in economies and new technologies (e.g., growth of free market economies, knowledge economies, regional trade agreements, and multi-national corporations).

Discuss social and cultural changes resulting from globalization (e.g., Global Culture, social media).

United States Studies Tenth Grade United States Studies examines the evolution of the U.S. Constitution as a living document and the role of participatory democracy in the development of a rapidly changing technological society. This study of the United States is an examination of the formative years from the colonization of what would be the United States to its transformation as a dominant political and economic influence in the world at the beginning of the 20th century. Special emphasis is placed on how the challenges of settling expansive and diverse physical environments were met by a culturally diverse population.

SS.US.1

Evaluate the extent to which the U.S. Constitution impacts conflicts between individuals, communities and nations, liberty, equality, individual rights, and the rule of law vs. ethics (e.g., civil disobedience).

SS.US.2

Demonstrate an understanding of the duties of citizens that are necessary to preserve United States democracy (e.g., become informed and active in a democracy, through jury duty, paying taxes, public forums (local, state, and/or federal), voting, and conscription.).

SS.US.3

Analyze the changing perceptions of United States citizenship and evaluate responsibilities and rights of United States citizens (e.g., landownership, race, gender, and age).

SS.US.4

Examine, select, and participate in a volunteer service or project.

SS.US.5

Identify the role of market factors in the settlement of the United States and the development of the free enterprise system and trace economic development throughout United States History (e.g., Colonial period, Revolutionary War, Westward Expansion, Civil War, and late 19th/early 20th centuries).

SS.US.6

Analyze the debate surrounding Alexander Hamilton’s economic policies and evaluate their effect on the formation and direction of the nation’s economy (e.g., Bank of the United States, etc.).

SS.US.7

Differentiate economic policy in the United States during each era (e.g., Colonial period, Revolutionary, Westward Expansion, Civil War, and late 19th/early 20th centuries) through types of taxes, taxation controversies, the effects of foreign trade, and tariff policies.

SS.US.8

Analyze the evolution of American manufacturing and its impact on skilled and unskilled labor from apprenticeship, to artisanry, to the market revolution, to the birth of the labor movement, and the Industrial Revolution.

SS.US.9

Analyze the impact of mercantilism and triangular trade on the emergence of colonial economies (e.g., goals of mercantilism, the mother country’s interests vs. colonial interests, regional economies, agriculture vs. manufacturing, colonial products and raw materials, and transition from mercantilism to free enterprise capitalism).

SS.US.10

Demonstrate an understanding of the concept of capitalism and compare the basic components of other economic systems (e.g., Adam Smith and the Wealth of Nations).

SS.US.11

Apply correct vocabulary and geographic tools to determine and illustrate geographic concepts (e.g., major meridians of longitude and parallels of latitude, physical features, landforms, bodies of water, climatic regions, states and their capitals, and relative and exact location).

SS.US.12

Determine the most appropriate maps and graphics in an atlas for analyzing geographic issues regarding the growth and development of the United States (e.g., topography, movement of people, transportation routes, settlement patterns, growth of population and cities, etc.).

SS.US.13

Evaluate how people express attachment to places and regions (e.g., by reference to essays, novels, poems, short stories, feature films, and songs).

SS.US.14

Analyze the impact of migration on the quality of life over different historical time periods (e.g., Colonial America, westward movement, late 19th and early 20th centuries, and impact of epidemics).

SS.US.15

Analyze the characteristics of the cultural contributions of indigenous and non-indigenous peoples to the United States.

SS.US.16

Analyze the impact of the environment, including the location of natural resources, on immigration and settlement patterns throughout United States history.

SS.US.17

Analyze the ways in which physical and cultural geography have influenced significant historic events and movements.

SS.US.18

Analyze the impact of the European settlement of North America.

Account for the emergence of England as a global colonial power.

Compare the growth of varying colonial regions.

Identify and explain European imperial rivalries over land, trade, etc.

Summarize the distinct characteristics of each colonial region in the settlement and development of America, including religious, social, political, and economic differences.

SS.US.19

Demonstrate an understanding of the establishment of the United States as an independent nation.

Explain the impact of the Declaration of Independence and the American Revolution on the British North American colonies and the world.

Explain the strengths and weaknesses of government under the Articles of Confederation (1777).

Summarize events leading to the creation of the U.S. Constitution (e.g., country’s economic crisis, Shay’s Rebellion and purpose outlined in the Preamble).

Explain the fundamental principles and purposes of the U.S. Constitution and the Bill of Rights (e.g., through the influences of the Magna Carta, the English Bill of Rights, colonial charters, and the political philosophies of the Enlightenment).

Trace the evolution of the American two-party political system.

Compare and contrast the position of the political parties and leaders on a variety of issues (e.g., territorial expansion, political participation, individual rights, states’ rights, slavery, and social reforms).

Analyze the impact of United States Supreme Court decisions (e.g., Marbury v. Madison, McCulloch v. Maryland, Worcester v. Georgia, Dred Scott v. Sandford and Plessy v. Ferguson).

SS.US.20

Demonstrate an understanding of westward movement and the resulting regional conflicts that took place in America in the 19th century.

Explain the impact and challenges of westward movement, (e.g., people’s motivations for moving west, railroad construction, and the displacement of Native Americans).

Trace land acquisitions and their significance as the U. S. expanded.

Analyze the influence of the Monroe Doctrine on foreign relations.

Examine and evaluate the reform period prior to the United States Civil War (e.g., abolition, women’s suffrage, religious principles, etc.).

SS.US.21

Demonstrate an understanding of the causes and the outcomes of the Civil War and Reconstruction in America.

Analyze the social, political, and cultural characteristics of the North, the South, and the West before and after the Civil War (e.g., the lives of free and enslaved African Americans, social reform, patriotism, nationalism, labor force, etc.).

Explain how the political events and issues that divided the nation led to civil war (e.g., Compromise of 1850, Missouri Compromise, the abolitionist movement, conflicting views on states’ rights, tariffs, slavery and federal authority, emergence of the Republican Party, and election of 1860).

Identify the causes of the secession and the subsequent formation of the Confederate States of America.

Outline the course and outcome of the Civil War (e.g., the role of African American military units, the impact of the Emancipation Proclamation, and the social, political, and economic impact on the South following the Civil War).

Outline the major military events of the Civil War (e.g., Gettysburg, Bull Run, Vicksburg, Antietam, Sherman’s March, Appomattox).

Evaluate effects of Reconstruction on the nation (e.g., the roles of the Civil War Amendments, Radical Republicans, etc.).

Summarize the progress and impact made during Reconstruction by various minority groups in society.

Trace societal changes in the United States brought about by the end of Reconstruction (the Freedmen’s Bureau, educational reform, political opportunity, new trends in legislation, Jim Crow laws and the rise of anti–African American groups).

SS.US.22

Demonstrate an understanding of changes that took place at the end of the 19th century in the United States.

Analyze the developments in business and industry including the emergence of new industries and the rise of corporations through monopolies and mergers (e.g., Rockefeller’s Standard Oil Trust, Carnegie Steel, etc.).

Examine the effects of technological change on the United States (e.g., agriculture, transportation, industry, and organized labor).

Analyze the various periods and movements at the end of the 19th century (e.g., the Gilded Age, the Populist movement, the Progressive Era, labor movement, continuation of the women’s suffrage movement, etc.).

Identify and explain the goals and accomplishments of reformers and reform movements (e.g., women’s rights, minorities, temperance, prisons, hospitals, schools, etc.).

Explain the transformation of America from an agrarian to an industrial economy, including the effects of mechanized farming and the expansion of international markets.

Assess the impact of urbanization and immigration on social, economic and political aspects of society in the United States in the late 19th century (e.g., labor, agriculture, ethnic neighborhoods, African Americans, immigrants, women and children).

SS.US.23

Demonstrate an understanding of global developments that influenced the United States’ emergence as a world power in the early 20th century.

Evaluate the impact of United States foreign policy on global affairs (e.g., Open Door Policy and presidential programs of Taft, Roosevelt, and Wilson, such as Big Stick Diplomacy, Dollar Diplomacy, and Moral Diplomacy).

Analyze the development of American expansionism, including the shift from isolationism to intervention and the economic and political reasons for imperialism.

Assess the impact of the Spanish-American War on the United States as a world power, including locations of expansion and the changing image of the United States by the global community.

Investigate the impact of technological advances and innovation in the early 20th century both in the United States and the world (e.g., telephone, automobiles, flight, transportation, weapons, and medical advances).

Analyze and explain how political, social and economic factors influenced American involvement in World War I (e.g., treaties, alliances, and nationalism).

United States Studies - Comprehensive United States Studies - Comprehensive examines the evolution of the U.S. Constitution as a living document and the role of participatory democracy in the development of a rapidly changing technological society. This study of the United States is an examination of the formative years from the colonization of what would be the United States to present day. Teachers will engage students in critical thinking and problem-solving skills as students learn and work with factual historical content, geography, civics, economics, and other social studies concepts.

SS.USC.1

Identify the issues regarding the evolution of United States citizenship and evaluate responsibilities and rights of United States citizens (e.g., landownership, race, gender, and age).

SS.USC.2

Evaluate, then defend the importance of the fundamental democratic values and principles of United States constitutional democracy within a global context including conflicts between individuals, communities and nations:

Liberty and equality.

Individual rights and the common good.

Majority rule and minority rights.

The rule of law (e.g., civil disobedience).

Ethics.

Patriotism.

SS.USC.3

Compare various citizens’ responses to controversial government policies and actions by monitoring and debating government decisions, and create a cooperative and peaceful solution to controversial government policies and actions.

Develop an understanding of civil public discourse.

Civic engagement.

SS.USC.4

Analyze multiple media sources and their influence on public opinion and policy issues.

Analyze media bias and reliability.

SS.USC.5

Analyze and evaluate court cases essential to fundamental democratic principles and values (e.g., Brown v. BOE Topeka, Miranda v. Arizona, Roe v. Wade, Mapp v. Ohio, Schenck v. U.S., Doe v. Holder, Dred Scott v. Sandford, Baker v. Carr, Korematsu v. US, Gideon v. Wainwright, et al.).

SS.USC.6

Select and participate in a volunteer service or project with a community or Veteran’s organization (e.g., American Legion, Veterans of Foreign Wars, Women Veterans of America, Ronald McDonald House, Special Olympics, 4-H, etc.).

SS.USC.7

Trace economic development throughout United States History (e.g., Colonial period, Revolutionary War, Westward Expansion, Civil War, and late 19th/early 20th centuries) and identify the role of market factors in the settlement of the United States and the development of the free enterprise system.

SS.USC.8

Examine the history of the relations between business and labor from industrialization to present (e.g., Mother Jones, John L. Lewis, etc.).

SS.USC.9

Apply the concept of supply and demand in various historic events.

SS.USC.10

Analyze the causes and consequences of the United States’ national debt and its effect upon world economic systems.

SS.USC.11

Assess how various executive initiatives and legislative acts have influenced the United States’ economy (e.g., Fourteen Points, New Deal, Domino Theory, Great Society, Space Race, and Strategic Defense Initiative).

SS.USC.12

Understand and cite evidence of the economic and cultural impact of advertising and the growth of consumerism (e.g., differentiate between wants and needs).

SS.USC.13

Identify various developed countries and developing countries and evaluate their Gross Domestic Product to determine the standard of living of their citizens (e.g., health care, education, military, industrial, and agricultural capabilities).

SS.USC.14

Apply correct vocabulary and geographic tools to determine and illustrate geographic concepts (e.g., major meridians of longitude and parallels of latitude, physical features, landforms, bodies of water, climatic regions, states and their capitals, and relative and exact location).

SS.USC.15

Determine the most appropriate maps and graphics in an atlas for analyzing geographic issues regarding the growth and development of the United States (e.g., topography, movement of people, transportation routes, settlement patterns, growth of population and cities, etc.).

SS.USC.16

Evaluate the impact of health and cultural considerations on the quality of life over different historical time periods.

SS.USC.17

Analyze the characteristics of cultural contributions of Native Americans, African Americans, Hispanics, and all immigrants (e.g., Germans, Italians, Irish, etc.).

SS.USC.18

Analyze the ways in which physical and cultural geography have influenced significant historic events and movements.

SS.USC.19

Evaluate the changing boundaries of world maps as a result of wars.

SS.USC.20

Demonstrate an understanding of the European settlement of North America.

Compare and contrast the distinct characteristics of each colonial region in the settlement and development of America, including religious, social, political, and economic differences (i.e., Proclamation of 1763, French and Indian War).

Identify and examine European colonial rivalries.

SS.USC.21

Demonstrate an understanding of the establishment of the new Republic.

Trace the major events leading to the American Revolution including the writing of the Declaration of Independence.

Examine the contributions of key individuals in the development of the Republic.

Determine the strengths and weaknesses in the Articles of Confederation (1777) and how their failure led to the development of the U.S. Constitution.

Compare and contrast political ideologies and sectional differences in the development of the U.S. Constitution (e.g., economic development, slavery, and social reforms).

SS.USC.22

Demonstrate an understanding of westward movement and land acquisition.

Examine the consequences of the expansion of the republic on the native population.

Summarize the United States’ relations with foreign powers during the Antebellum Era (e.g., Louisiana Purchase, War of 1812, Monroe Doctrine, Manifest Destiny, and the Mexican-American War.)

Compare and contrast the social, economic, and political development in different regions of the country during the antebellum period.

SS.USC.23

Demonstrate an understanding of the course of the American Civil War and Reconstruction in America.

Identify and analyze the events which led to the secession of the south from the Union and the formation of the Confederate States of America.

Trace the major events of the Civil War and evaluate the impact of political and military leadership during the war.

Evaluate short-term and long-term effects of Reconstruction on the nation (e.g., Civil War Amendments, radical republicans, Jim Crow).

SS.USC.24

Demonstrate an understanding of the industrialization and reform movements of the latter half of the 19th century.

Analyze the contributions of business, industry, and entrepreneurs in the late 19th/early 20th century.

Compare and contrast the societal, economic, and population shifts in the United States in the late 19th century (i.e., Agrarian to Industrial, rural to urban, labor vs. industry, immigration, migration).

Identify the goals and accomplishments of reformers and reform movements (e.g., women’s rights, minorities, labor, temperance, Progressivism, etc.).

SS.USC.25

Demonstrate an understanding of the United States’ emergence as a world power.

Evaluate the impact of United States foreign policy on global affairs (e.g., Open Door Policy, Good Neighbor Policy, Big Stick Diplomacy, Dollar Diplomacy, and Moral Diplomacy).

Trace the shift from isolationism to intervention and imperialism (e.g., Spanish-American War, annexation of Hawaii, development of the Panama Canal).

Analyze and explain how political, social, and economic factors influenced American involvement in World War I (e.g., treaties, alliances, and nationalism).

List and explain underlying causes, major players, and the effects of World War I.

SS.USC.26

Demonstrate an understanding of the Great Depression and the New Deal.

Examine causes of the stock market crash and draw conclusions about the immediate and lasting economic, social, and political effects on the United States and the world.

Research the changing social values that led to the expansion of government in the 1920’s and 1930’s (e.g., constitutional amendments, New Deal legislation, etc.).

Investigate the different cultural movements during the late 1920’s and 1930’s.

SS.USC.27

Demonstrate an understanding of the events surrounding World War II.

Explain how the world economic crisis initiated worldwide political change.

Explore the causes and effects of World War II and describe the impact the war had on the world (e.g., failure of the Treaty of Versailles/League of Nations, militarism, nationalism, failure of appeasement).

Investigate the abuse of human rights during World War II (e.g., Japanese Internment, Holocaust, stereotypes, propaganda).

Identify contributions from the American-Homefront during the war (e.g., Rosie the Riveters, victory gardens, liberty bonds).

Analyze the long-term consequences of the use of atomic weaponry to end the war.

SS.USC.28

Demonstrate an understanding of Post - World War II America.

Compare and contrast the United States and the Soviet Union following World War II and their emergence as superpowers.

Identify social, technological, and political changes that occurred in the United States as a result of the tensions caused by the Cold War.

Trace the events of the Cold War and confrontations between the United States and other world powers (e.g., Korean War, Sputnik/Space Race, Vietnam War, etc.).

SS.USC.29

Demonstrate an understanding of the social and political conflicts that brought forth an era of change in America.

Investigate key people, places, and events of the African-American Civil Rights Movement.

Analyze the various political events that shaped this time period (e.g., elections of Richard Nixon, appointment/promotion of Gerald Ford, elections of Jimmy Carter, Ronald Reagan, George H. W. Bush, etc.).

Connect events to continued questions of trust in federal government (e.g., Watergate, Iran Contra, and Pentagon Papers).

SS.USC.30

Demonstrate an understanding of America’s continued role in the complex global community.

Evaluate the causes and effects of acts of foreign and domestic terrorism before and after 9/11 (e.g., Iran hostage crisis, 1993 World Trade Center, Oklahoma City, USS Cole, Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001 [P.A.T.R.I.O.T Act], death of Osama bin Laden).

Identify the positive and negative consequences of the advancement of technology.

Evaluate and explain modern American policies (i.e., foreign and domestic), immigration, the global environment, and other current emerging issues.

Contemporary Studies Contemporary Studies examines the interactions between the United States and the world from 1914 to present day. Teachers will engage students in critical thinking and problem-solving skills as students learn and work with factual historical content, geography, civics, economics, and other social studies concepts. Maps, spreadsheets, charts, photographs, the arts, music, graphs, primary source documents, textbooks, and data from a variety of credible electronic and non-electronic sources will be used to synthesize, analyze, interpret, and predict outcomes. The concept of globalization is explored and evaluated through the careful analysis of the interactions (between or among) the United States and other nation states, helping students recognize the interdependencies of the United States and other countries. Teachers will provide a venue for students to examine factors that influence changing political and economic relationships and foreign policies between the United States and its world neighbors. The impact of world events on the individual citizen and the reciprocal impact of an individual citizen’s actions, in the democratic process, on world events will be emphasized.

SS.CS.1

Analyze the extent to which the fundamental United States democratic values and principles of republicanism and constitutionalism impact global conflicts among individuals, communities, and nations.

Liberty and equality.

Individual rights and the common good.

Majority rule and minority rights.

Rule of Law and ethics (e.g., civil disobedience).

Patriotism.

SS.CS.2

Analyze the duties of citizens that are necessary to promote global democracy.

Public forums (local, national, and/or global).

Analysis of voting apathy and resulting consequences.

Personal freedoms throughout the world.

Role of international government and non-government organizations (e.g., League of Nations and United Nations).

SS.CS.3

Analyze ways United States and world conflicts can be resolved in a cooperative and peaceful manner (e.g., United Nations, etc.).

SS.CS.4

Evaluate court cases essential to fundamental democratic principles and values (e.g., Brown v. BOE Topeka, Miranda v. Arizona, Roe v. Wade, Gideon v. Wainwright, Obergefell v. Hodges, Tinker v. Des Moines, etc.).

SS.CS.5

Select and participate in a volunteer service or project with a community or Veteran’s organization (e.g., American Legion, Veterans of Foreign Wars, Women Veterans of America, Ronald McDonald House, Special Olympics, 4-H, etc.).

SS.CS.6

Analyze the impact the United States industrialized economy had on the outcome of World War I and subsequent wars (e.g., Lend/Lease Act, National Interstate Defensive Highways Act, NASA, and nuclear arms race).

SS.CS.7

Assess how various executive initiatives and legislative acts have influenced the United States economy (e.g., New Deal, Great Society, Space Race, and Strategic Defense Initiative).

SS.CS.8

Demonstrate an understanding of supply and demand in various historic events that led to economic turmoil.

SS.CS.9

Cite evidence of the economic and cultural impact of advertising and the growth of consumerism (e.g., differentiate between wants and needs).

SS.CS.10

Critique the competing ideologies of capitalism and socialism.

SS.CS.11

Analyze the causes and consequences of the United States’ national debt and its effect upon world economic systems and foreign policy decisions.

SS.CS.12

Identify various developed countries and developing countries and evaluate their Gross Domestic Product to determine the standard of living of their citizens (e.g., health care, education, military, industrial, and agricultural capabilities).

SS.CS.13

Analyze and evaluate the changing boundaries of world maps as a result of wars (e.g., Europe, World War I, World War II, Cold War Era, and conflicts in the Middle East).

SS.CS.14

Apply census data to analyze the demographics of population growth that lead to the exhaustion of resources and cultural conflict (e.g., water, agricultural land, energy, and food supplies).

SS.CS.15

Explain how natural resources of various world regions impact foreign and economic policy decisions.

SS.CS.16

Demonstrate an understanding of the events that illustrate the United States’ emergence as a world power beginning in 1914.

Analyze United States isolationism, neutrality and entanglement in world affairs.

List and explain underlying causes, major players and the effects of World War I.

Explain the connection between the introduction of modern warfare, advancement of military technology and the massive casualties in World War I.

Analyze the primary motivations behind Wilson’s idealistic Fourteen Points and the subsequent failure of the League.

Compare relief efforts and interventions of the 1918 pandemic to modern global health concerns.

SS.CS.17

Demonstrate an understanding of society in the 1920s by examining the changing cultural, economic, and political philosophies, and the ensuing consequences.

Identify the Wall Street and United States banking practices that reform legislation sought to address.

Analyze the impact of the emerging independence of women (e.g., suffrage, double standard, flappers, and employment opportunities).

Analyze the conflict over increased immigration (e.g., Red Scare, Johnson Act, quotas, etc.).

Identify the social issues that led to the passage of the Eighteenth Amendment and the establishment of Prohibition, and discuss the factors that led to its repeal in the Twenty-first Amendment.

Identify specific examples of the literary, musical, and artistic movements (e.g., Harlem Renaissance, jazz, and the Lost Generation).

SS.CS.18

Demonstrate an understanding of both the immediate and long-term impact of the Great Depression on society, economics, and politics within the United States and world.

Assess the prolonged impact of the stock market crash upon the social and economic activities of the United States and the world.

Evaluate the impact of the New Deal and deficit spending on the expansion of the size and scope of the federal government.

Explain how the world economic crisis enabled the growth of totalitarian governments.

Critique the role of sports, movies, radio and other forms of entertainment in the development of a new culture in America.

SS.CS.19

Demonstrate an understanding of the events surrounding World War II.

Examine the reasons why appeasement efforts such as the Munich Agreement (1938) failed to prevent war.

Demonstrate an understanding of the term genocide and the causes and devastating outcomes during the Holocaust.

Assess Japan’s motives for attacking Pearl Harbor and its impact on the United States entrance in World War II.

Examine the consequences of war faced by the Japanese in the United States and Japan.

Identify the domestic contributions from Americans during the war (e.g., Rosie the Riveters [Rosies], victory gardens, war bond sales, wartime propaganda and opportunities for minorities).

Demonstrate an understanding of the United States’ motivations for rebuilding nations destroyed by World War II (e.g., occupation of Japan, Marshall Plan, etc.).

SS.CS.20

Demonstrate an understanding of the competing ideologies of communism and democracy and the conflict between the United States and Soviet Union superpowers from the post World War II era through early 1990’s.

Assess the destructive capability of atomic and hydrogen weaponry (e.g., Oppenheimer, Manhattan Project, Trinity Test, etc.).

Trace the expansion of Soviet and Chinese communism to satellite nations.

Analyze the impact of the Truman Doctrine and containment policy through different presidential administrations.

Identify major confrontations between the United States and the Soviet Union as a result of the fears within American society related to communism and the Space Race.

Analyze and explain the political, social, and economic impact of American involvement in the Korean Conflict and Vietnam War.

Analyze the impact of the United States’ policies of the 1980s on the collapse of the former Soviet Union.

SS.CS.21

Demonstrate an understanding of the origins, struggles, and achievements of marginalized communities that sought equality in the United States.

Examine and identify the foundations of the Civil Rights Movement through documents (e.g., Declaration of Independence, U.S. Constitution, etc.) and Supreme Court decisions (e.g., Plessy v. Ferguson and Brown v. BOE Topeka). Analyze the origins of the Civil Rights movements.

Investigate the legal justification and cite examples of intolerance, prejudice, persecution, discrimination and segregation through Jim Crow laws.

Debate the role of activists for and against the Civil Rights Movement (e.g., Ku Klux Klan, Black Panthers, Dr. Martin Luther King, Jr., Southern Christian Leadership Conference, Student Non-violent Coordinating Committee, American Indian Movement, Chicano Movement, and United Farm Workers Organizing Committee).

Design a timeline of the Civil Rights Movement in the United States that includes key people, places, and events.

SS.CS.22

Demonstrate an understanding of the social conflicts that challenged lifestyles in the second half of the 20th century.

Investigate and identify the causes and effects of Americans migrating to the suburbs after World War II.

Identify and examine changes brought about by media sources to American cultural, economic and political behavior (e.g., television, Rock ‘n’ Roll, protest songs, the Internet and social media platforms, etc.).

Summarize the various counterculture movements and their causes and effects on American society.

Analyze the impact of federal government actions on citizens’ level of trust in the federal government (e.g., Watergate, Iran Contra, Pentagon Papers, Clinton Impeachment, etc.).

SS.CS.23

Demonstrate an understanding of United States foreign policy and global economic issues since 1990.

Evaluate American foreign policy concerning abuses of human rights (e.g., Serbian and Rwandan genocides, apartheid in South Africa, etc.).

Debate the motivation for adopting NAFTA (North American Free Trade Agreement) and GATT (General Agreement on Tariffs and Trade), and assess their impact on the American and world economies.

Evaluate the causes of 9/11 and the ensuing Global War on Terrorism.

SS.CS.24

Demonstrate an understanding of America’s continued role in shaping the complex global community since September 11, 2001.

Assess the results of American foreign policy relating to Middle Eastern countries (e.g., Israel, Iran, the wars in Iraq and Afghanistan on the war against terror, etc.).

Outline provisions of the P.A.T.R.I.O.T. Act and debate the necessity of infringements on American civil rights.

Critique the effectiveness of the wars in Iraq and Afghanistan on the war against terror.

Analyze both the positive and negative aspects of the internet and social networking in revolutionizing popular thought and organizing people throughout the world (e.g., Tea Party, Arab Spring, Occupy Wall Street, Wi-Fi, social media).

Research and analyze United States and world responses to Islamic State in Iraq and Syria’s (ISIS) rise in Iraq and Syria.

Civics is designed as a culminating United States Studies course that fosters informed citizens essential to the perpetuation of the American Republic. A United States Studies course is a prerequisite for this course. Students learn and utilize knowledge and skills for responsible, participatory citizenship based on a firm understanding of the principles and practices of our government coupled with civil rights and responsibilities, sound financial literacy, and global awareness. Students investigate what has happened, explore what is happening and predict what will happen to the social, political, and economic problems that beset America and the world using the skills and resources of the past and present centuries. Students continue to develop their critical thinking and problem-solving skills collaboratively and independently to become informed citizens and consumers who practice economically sound decision-making, are geographically aware of the physical and human landscapes of the world, and protect, preserve, and defend their system of government. New and refined knowledge gained in Civics is communicated and shared throughout the community as students engage in community service and service-learning that allows classrooms to span continents and serve as the heart of the community.

Note: A personal finance graduation requirement, Personal Finance (CTE course code 1451), became effective with the 2024-2025 freshman cohort. However, counties may have chosen to implement this requirement early.

Until counties implement a stand-alone Personal Finance course, counties must embed the Personal Finance standards found in Appendix A into Civics and/or Dual Credit/AP® Government and Politics.

SS.C.1

Be aware of the importance of informed citizens who actively participate in the preservation and improvement of American government through community service and service-learning (e.g., individual service projects, patriotic events, mock trials, group initiatives, community volunteerism).

SS.C.2

Explore social contracts and the establishment of the rule of law, and evaluate how the balance (or relationship) between limited government and the rule of law protect individual rights.

SS.C.3

Demonstrate that the purpose of American government is the protection of personal, political and economic rights of citizens as evidenced by the Declaration of Independence, the U.S. Constitution, Constitutional Amendments, and the ideas of those involved in the establishment of American government.

SS.C.4

Consider factors that subvert liberty (including lack of education, voter apathy, disenfranchisement, civil inequalities, economic issues, loss of public trust, and misuse of government power), then collaborate, compromise, and by consensus, create a model that informed citizens can use to defend and perpetuate the American Republic.

SS.C.5

Examine and analyze the contributing factors to the drafting of the Declaration of Independence and the U.S. Constitution.

Leaders and philosophers (e.g., John Locke, James Madison, Thomas Jefferson John Adams, and Natural Rights philosophy).

Events (e.g., Glorious Revolution, Reformation, and Enlightenment)

Documents (e.g., English Bill of Rights, Petition of Right, and Magna Carta)

Classical periods (e.g., eras of Greece, Rome, and Classical Republicanism).

Principles (e.g., popular sovereignty, federalism, limited government, separation of powers, checks and balances, civil liberties, rule of law, republicanism, and Constitutional principles).

Judeo-Christian influence.

SS.C.6

Examine the compromises of the Constitutional Convention and how those decisions were characterized in the Federalist and the Anti-Federalist papers.

SS.C.7

Evaluate the elements in the U.S. Constitution that make it a living document with democratic principles that are modified and expanded to meet the changing needs of society.

SS.C.8

Investigate the system of government created by the Preamble, Seven Articles, the Bill of Rights, and other Amendments of the U.S. Constitution to evaluate how the framework for American society is provided.

SS.C.9

Analyze how the U.S. Constitution defines federalism and outlines a structure for the United States government.

SS.C.10

Analyze the protection of liberties in the Bill of Rights and their expansion through judicial review and the gradual incorporation of those rights by the Fourteenth Amendment.

SS.C.11

Analyze how the freedoms of speech and press in a democratic society enable citizens to develop informed opinions, express their views, shape public policy, and monitor government actions.

SS.C.12

Determine how conflicts between the rights of citizens and society’s need for order can be resolved while preserving both liberty and safety.

SS.C.13

Compare and contrast the original and appellate jurisdictions of local, state, and national judicial systems to show how America’s court system addresses criminal and civil cases.

SS.C.14

Apply the concepts of legal precedent through past and present landmark Supreme Court cases, interpretations of the U.S. Constitution by the Supreme Court and the impact of these decisions on American society.

SS.C.15

Develop an understanding of the American legal system through examining existing ordinances, statutes and Federal Acts, exploring the differences between criminal and civil law, and determining the legal obligations and liabilities of American citizenship.

SS.C.16

Critique the evolution of the two-party system in the United States, evaluate how society and political parties have changed over time and analyze how political parties function today.

SS.C.17

Examine the influence of the media on public opinion and on the decisions of elected officials and the bureaucracy.

Bias in reporting and editorials.

Push-pull polls and selective reporting of citizen opinions.

Advertising and campaign ads.

Reporting news out of context.

SS.C.18

Investigate the impact that special interest groups have on shaping public policy at local, state, and national levels.

SS.C.19

Assess how factors such as campaign finance, participation of the electorate, and demographic factors influence the outcome of elections.

SS.C.20

Examine how decisions and policies of state and local government impact the lives of citizens, such as local issues and problems, structure of local government (e.g., differences in incorporation, providing public services and mayoral styles), zoning and annexation, land use and urban sprawl, and ordinances and jurisdiction.

SS.C.21

Explore cooperation, competition, and conflict among nations through organizations, agreements and protocols, political acts, and other exchanges, such as the United Nations, international treaties and terrorism, to evaluate potential solutions to global issues.

SS.C.22

Compare and contrast the values, ideals, and principles that are the foundation of a democratic republic and the role citizens play in a constitutional democracy, to the theories and practices of non-democratic governments (e.g., socialism found in communism and nationalism found in fascism).

SS.C.23

Examine how the First Amendment provides for freedom of religion and examine the following:

Free Exercise Clause.

Establishment Clause.

SS.C.24

Develop an understanding of how the Fourth, Fifth, Sixth, and Eighth Amendments provide citizens with legal protections/defendants’ rights.

SS.C.25

Develop an understanding of how the Fourteenth Amendment provides for equal protection and due process.

SS.C.26

Examine the opportunity costs in ever-present scarcity for individuals, businesses, and societies to understand how to make choices when facing unlimited wants with limited resources.

SS.C.27

Debate an effective allocation of the factors of production that encourages healthy economic growth and sustainability while curbing environmental abuses in the global community.

SS.C.28

Explain how supply and demand affects prices, profits, and availability of goods and services.

SS.C.29

Describe how households, businesses, and government interact in a free-market economy.

SS.C.30

Identify economic influences that impact business climate on the local, regional, and global level.

SS.C.31

Track the evolution of currency throughout history to facilitate the exchange of goods and services.

SS.C.32

Use census data and public records to identify patterns of change and continuity to understand the impact of the following on society.

Zoning Migration Ethnicity Income Gender Differences Age Differences Education Voting Behavior Family Structure SS.C.33 Conduct research using demographic data to interpret, debate, and evaluate the geopolitical implications of a variety of global issues.

Environment and Environmental Protection Political and Cultural Boundaries Women’s Rights Cultural Diversity and Assimilation Religion Standard of Living SS.C.34 Analyze the role of sustainable development in the lives of 21st Century citizens (e.g. renewable energy, recycling, reusing, land use policy, ocean management and energy policy) to balance healthy economic growth with environmental protection.

SS.C.35

Analyze the consequences of human and environmental interaction using geographic information systems.

SS.C.36

Explore various routes of personal travel and topography using geographic information systems.

SS.C.37

Compare and contrast the factors of development for developed and developing countries, including the causes and implications of the following: population (including migration, immigration, birth rate, and life expectancy); natural resources and environmental protection; income, industry, trade, and Gross Domestic Product; climate and geographic conditions; cultural and social factors; political management, legal system, and stability; educational opportunities; and standard of living.

Understanding economics is essential for all students to enable them to reason logically about key economic issues that affect their lives as workers, consumers, and citizens. A better understanding of economics enables students to understand the forces that affect them every day and helps them identify and evaluate the consequences of personal decisions. As resources become scarce, as the economic environment changes, and as the economic impact of decisions becomes more immediate, students must make sense of the array of economic concepts, facts, events, observations, and issues in everyday life and develop the ability to make effective decisions about economic issues.

SS.E.1

Analyze the role of economic choices in scarcity, supply and demand, resource allocation, decision-making, voluntary exchange, and trade-offs (Choices).

SS.E.2

Research, critique, and evaluate the roles of private and public institutions in the economy (Institutions).

SS.E.3

Compare and contrast various economic systems and analyze their impact on individual citizens.

SS.E.4

Describe and demonstrate how the factors of production apply to the United States economic system (Factors of Production).

SS.E.5

Analyze the elements of competition and how they impact the economy (Competition).

SS.E.6

Examine and evaluate the interdependence of global economies.

SS.E.7

Explain and give examples showing how scarcity of goods and services forces people to make choices about needs and wants.

SS.E.8

Analyze how the scarcity of natural, technological, capital, and human resources requires economic systems to make choices about the distribution of goods and services.

SS.E.9

Explain the role that supply and demand, prices, incentives, and profits play in determining what is produced and distributed in a free enterprise system.

SS.E.10

Explain and give examples of opportunity costs (trade-offs) and scarcity, and analyze how these concepts are the basis of other concepts in economics.

SS.E.11

Compare and contrast examples of private and public goods and services.

SS.E.12

Evaluate the costs and benefits of allocating goods and services through public and private means.

SS.E.13

Describe and compare relationships among economic institutions (e.g., households, businesses, banks, government agencies, and labor unions).

SS.E.14

Explain how specialization and division of labor in economic systems increase productivity.

SS.E.15

Describe the role of money and other forms of exchange in the economic process.

SS.E.16

Compare and analyze how values and beliefs influence economic decisions in different economic systems.

SS.E.17

Evaluate economic systems according to how laws, rules and procedures deal with demand, supply, and prices.

SS.E.18

Evaluate historical and current social developments and issues from an economic perspective.

SS.E.19

Explain historical and current developments and issues in local, national, and global contexts from an economic perspective.

SS.E.20

Define inflation and explain its effects on economic systems.

SS.E.21

Define and analyze the use of fiscal and monetary policy in the national economic system.

SS.E.22

Explain the process of international trade from an economic perspective.

SS.E.23

Analyze and evaluate growth and stability in different economic systems.

SS.E.24

Analyze a public issue from an economic perspective and propose a socially desirable solution.

SS.E.25

Evaluate the role of the factors of production in a market economy.

SS.E.26

Compare, contrast, and evaluate different types of economies (traditional, command, market, mixed).

SS.E.27

Explain how and why people who start new businesses take risks to provide goods and services.

SS.E.28

Identify, define and explain basic economic concepts (e.g., opportunity costs, scarcity, supply, demand, production, exchange and consumption, labor, wages, and capital, inflation and deflation, market economy and command economy, public and private goods and services).

SS.E.29

Describe and explain the role of money, banking, savings, and budgeting in everyday life.

SS.E.30

Distinguish between private goods and services (e.g., the family car or a local restaurant) and public goods and services (e.g., the interstate highway system or the United States Postal Service).

SS.E.31

Compare and contrast how values and beliefs, such as economic freedom, economic efficiency, equity, full employment, price stability, security, and growth influence decisions in different economic situations.

SS.E.32

Explain the basic characteristics of international trade, including absolute and comparative advantage, barriers to trade, exchange rates, and balance of trade.

SS.E.33

Describe and explain global economic interdependence and competition, using examples to illustrate their influence on national and international policies.

SS.E.34

Evaluate long-term and short-term costs in relationship to long and short-term benefits.

SS.E.35

Identify different economic goals and the tradeoffs that must be made between economic and social goals.

SS.E.36

Describe the aims of government fiscal policies (taxation, borrowing and spending) and their influence on production, employment, and price levels).

SS.E.37

Explain the basic principles of the United States free enterprise system (e.g., opportunity costs, scarcity, profit motive, voluntary exchange, private property rights, and competition).

SS.E.38

Explain the characteristics, advantages and disadvantages of sole proprietorships, partnerships, and corporations.

SS.E.39

Describe characteristics and give examples of pure competition, monopolistic competition, and oligopolistic competition.

SS.E.40

Analyze the factors involved in the process of acquiring consumer goods and services including credit, interest, and insurance.

Application SS.E.41 Career options.

Identify careers in economics.

Identify resources to help select economics programs for further study.

SS.E.42

Educational requirements.

Identify degree requirements for economist and economics-related careers.

Identify resources to help select economics programs for further study.

SS.E.43

Vocational applications of economics.

Discuss ways in which economics addresses domestic and global issues.

Identify careers in economics that have evolved as a result of domestic and global issues.

The power and beauty of geography allows all students to see, understand, and appreciate the web of relationships between people, places, and environments. Geography provides knowledge of Earth’s physical and human systems and of the interdependency of living things and physical environments. This geography course is based on the six essential elements and five themes of geography stressing the contemporary world and the role of the United States in the global community. Students will use geographic perspectives and technology to interpret culture, environment, and the connection between them. Students will use the geographic skills of asking geographic questions, acquiring geographic information, organizing geographic information, analyzing geographic information, and answering geographic questions.

SS.G.1

Interpret, use and construct maps, globes, and other geographic tools to locate and derive information about personal directions, people, places, and environments (The World in Spatial Terms).

SS.G.2

Describe the physical and human characteristics of place and explain how the lives of people are rooted in places and regions (Places and Regions).

SS.G.3

Describe and explain the physical processes that shape the earth’s surface and create, sustain, and modify the cultural and natural environment (Physical Systems).

SS.G.4

Identify, explain, and analyze how the earth is shaped by the movement of people and their activities (Human Systems).

SS.G.5

Analyze the interaction of society with the environment (Environment and Society).

SS.G.6

Explain geographic perspective and the tools and techniques available for geographic study (Uses of Geography).

SS.G.7

Analyze the world and account for consequences of human/environment interactions depicting the geographic implications of world events.

SS.G.8

Explain components of the Earth’s physical systems and their interrelationships (e.g., landforms, bodies of water, atmosphere, and geologic factors).

SS.G.9

Identify factors that contribute to human and physical changes in places and regions.

SS.G.10

Identify and define the world’s physical and cultural regions, including political and historical characteristics, and their interdependence in regard to trade, services, migration, and cultural values.

SS.G.11

Analyze populations with regard to life expectancy, infant mortality rates, population pyramids, migration, and birth and death rates.

SS.G.12

Evaluate the impact of migration on physical and human systems.

SS.G.13

Analyze growth, decline, and development of cities over time.

SS.G.14

Compare and contrast the impact of competition for limited resources on an interdependent global economy (e.g., distribution, sustainability, conflict, and resolution).

SS.G.15

Examine global social and political factors and their implications.

SS.G.16

Analyze ethnicity, nationalism, and religion of regional cultures in a global society (e.g., major world religions, various ethnic groups, and rigidity of societal norms).

SS.G.17

Analyze the influence of geographical features on the evolution of significant historic events and movements.

SS.G.18

Analyze the impact of technology or its lack on environments and societies over time.

SS.G.19

Analyze connections between physical geography and isolation from the world community which result in cultural and political instability.

SS.G.20

Identify causes and draw conclusions about landless cultures.

SS.G.21

Compare and contrast standards of living in poverty-stricken areas with advanced societies (e.g., basic needs, education, economic opportunities, and technological advances).

SS.G.22

Utilize various geographic information systems to gain insight into people and their place in the world.

Application SS.G.23 Career options.

Identify careers in geography.

Identify resources to help select geography programs for further study.

SS.G.24

Educational requirements.

Identify degree requirements for geographers and geography-related careers.

Identify resources to help select geography programs for further study.

SS.G.25

Vocational applications of geography.

Discuss ways in which geography addresses domestic and global issues.

Identify careers in geography that have evolved as a result of domestic and global issues.

Sociology Sociology is the study of our society and our relationship to it. This course offers a distinctive look at the social world and our place in it. Students will study human interaction and development with emphasis placed on social institutions as well as culture, ethnic, racial, and minority groups.

Sociology SS.S.1 Explain the origins of sociology, the sociological perspective, research methodologies, and theoretical perspectives in sociology.

SS.S.2

Analyze and evaluate the development and evolution of culture and socialization within society.

SS.S.3

Analyze causes and effects of social inequality, theories of deviance and crime, and maintenance of social order.

SS.S.4

Examine social changes and summarize the impact on society.

SS.S.5

Trace the origins of sociology and the sociological perspective, and determine how sociology relates to the other social sciences.

SS.S.6

Identify major research methods in sociology and the ethical practices used to guide research.

SS.S.7

Compare and evaluate the theoretical perspectives of Structural Functionalism, Symbolic Interaction, and Conflict Theory.

SS.S.8

Identify the basic components of culture and evaluate the importance of culture in society.

SS.S.9

Analyze the components of cultural change and diversity (e.g., norms, beliefs, values, dehumanization, cults, multiculturalism, ethnocentrism, cultural relevance, folk culture, counterculture, subculture, and culture shock).

SS.S.10

Compare and contrast material and non-material culture.

SS.S.11

Analyze the impact of globalization on the United States and other world cultures and make predictions about future trends.

SS.S.12

Explain the components of social structure; including status, role, and social institutions.

SS.S.13

Research theories and stereotypes of poverty, and trace its relationship to geography and opportunity (e.g., access to healthcare/education, unemployment, housing.)

SS.S.14

Identify the various social institutions in society (i.e., family, education, religion, economics, government/politics, medicine, military, law, science, and mass media).

SS.S.15

Investigate the evolution of family structures and their impact on the individual in society.

SS.S.16

Investigate aging and the process of death and dying in historical and contemporary world societies.

SS.S.17

Compare and contrast various types of societies (e.g., developed vs. underdeveloped, urban vs. rural, industrialized vs. unindustrialized).

SS.S.18

Categorize groups within a society by comparing primary and secondary groups, in and out groups, reference groups, and social networks.

SS.S.19

Analyze the components, varieties, and functions of group dynamics; including factors such as group size, leadership, and authority.

SS.S.20

Evaluate the strengths and weaknesses of formal organizations and bureaucracies (e.g., unions, universities, public education, service organizations, veterans, churches).

SS.S.21

Identify and evaluate the stages of socialization; including roles and responsibilities, childhood, adolescence, and adulthood.

SS.S.22

Evaluate the factors that socialize the individual (i.e., family, marital status, peers, education, gender, ethnicity, media, religion).

SS.S.23

Describe how norms and values aid in the development of social control in society.

SS.S.24

Analyze and evaluate the causes and consequences of deviant behavior on both the individual and society.

SS.S.25

Examine the methods of social control in different types of societies and evaluate how groups and institutions promote social obedience and impose conformity.

SS.S.26

Analyze the functions and inequalities of the criminal justice system in relation to a society’s construct of crime and punishment.

SS.S.27

Evaluate the effectiveness of institutions in the rehabilitation and resocialization process.

SS.S.28

Explain how unequal distribution of power and resources affects the life chance of individuals in society.

SS.S.29

Research the sources and effects of global stratification society (i.e., race, ethnicity, gender, age; and emotional, mental, and physical disabilities).

SS.S.30

List the various forms of collective behavior (e.g., crowds, riots, rumors, panics, mass hysteria, moral panics, fads, and urban legends).

SS.S.31

Evaluate the impact of technology on social change.

SS.S.32

Analyze the impact of demographic changes and changes in settlement patterns on a society (e.g., population, migration, mortality).

Application SS.S.33 Career options.

Identify careers in sociology.

Identify resources to help select sociology programs for further study.

SS.S.34

Educational requirements.

Identify careers in sociology.

Identify resources to help select sociology programs for further study.

SS.S.35

Vocational applications of sociology.

Discuss ways in which sociology addresses domestic and global issues.

Identify careers in sociology that have evolved as a result of domestic and global issues.

Psychology Psychology is defined as the scientific study of the mind and behavior. In a high school psychology course, students are introduced to the scientific method and the core ideas and theories of psychology. As a result, students gain an understanding of the complexities and diversity of human thought and behavior.

Scientific Inquiry SS.P.1 Development of psychology as an empirical science.

Define psychology as a discipline and identify its goals as a science.

Describe the emergence of psychology as a scientific discipline.

Describe perspectives employed to understand behavior and mental processes.

Explain how psychology evolved as a scientific discipline.

SS.P.2

Major subfields within psychology.

Discuss the value of both basic and applied psychological research with human and non-human animals.

Describe the major subfields of psychology.

Identify the important role psychology plays in benefiting society and improving people’s lives.

SS.P.3

Research methods and measurements used to study behavior and mental processes.

Describe the scientific method and its role in psychology.

Describe and compare a variety of quantitative (e.g., surveys, correlations, experiments) and qualitative (e.g., interviews, narratives, focus groups) research methods.

Define systematic procedures used to improve the validity of research findings, such as external validity.

Biopsychology SS.P.4 Structure and function of the nervous system in human and non-human animals.

Identify the major divisions and subdivisions of the human nervous system.

Identify the parts of the neuron and describe the basic process of neural transmission.

Differentiate between the structures and functions of the various parts of the central nervous system.

Describe lateralization of brain functions.

Discuss the mechanisms of, and the importance of, plasticity of the nervous system.

SS.P.5

Structure and function of the endocrine system.

Describe how the endocrine glands are linked to the nervous system.

Describe the effects of hormones on behavior and mental processes.

Describe hormone effects on the immune system.

SS.P.6

The interaction between biological factors and experience.

Describe concepts in genetic transmission.

Describe the interactive effects of heredity and environment.

Explain how evolved tendencies influence behavior.

SS.P.7

Methods and issues related to biological advances.

Identify tools used to study the nervous system, including the brain.

Describe advances made in neuroscience.

Discuss issues related to scientific advances in neuroscience and genetics.

SS.P.8

The processes of sensation and perception.

Discuss processes of sensation and perception and how they interact.

Explain the concepts of threshold and adaptation.

SS.P.9

The capabilities and limitations of sensory processes.

List forms of physical energy for which humans and non-human animals do and do not have sensory receptors.

Describe the visual sensory system.

Describe the auditory sensory system.

Describe other sensory systems, such as olfaction, gustation, and somesthesis (e.g., skin senses, kinesthesis, and vestibular sense).

SS.P.10

Interaction of the person and the environment in determining perception.

Explain Gestalt principles of perception.

Describe binocular and monocular depth cues.

Describe the importance of perceptual constancies.

Describe the nature of attention.

Explain how experiences and expectations influence perception.

Cognition SS.P.11 Encoding of memory.

Identify factors that influence encoding.

Characterize the difference between shallow (surface) and deep (elaborate) processing.

Discuss strategies for improving the encoding of memory.

SS.P.12

Storage and retrieval of memory.

Describe the differences between working memory and long-term memory.

Identify and explain biological processes related to how memory is stored.

Analyze the importance of retrieval cues in memory.

Discuss strategies for improving the retrieval of memories.

SS.P.13

Basic elements comprising thought.

Define cognitive processes involved in understanding information.

Define processes involved in problem solving and decision making.

Discuss non-human problem-solving abilities.

SS.P.14

Obstacles related to thought.

Describe obstacles to problem solving.

Describe obstacles to decision making.

Describe obstacles to making good judgments.

Development and Learning SS.P.15 Classical conditioning.

Describe the principles of classical conditioning.

Describe clinical and experimental examples of classical conditioning.

Apply classical conditioning to everyday life.

Methods and issues in life span development.

Explain the interaction of environmental and biological factors in development, including the role of the brain in all aspects of development.

Explain issues of continuity/discontinuity and stability/change.

Distinguish methods used to study development.

Describe the role of sensitive and critical periods in development.

SS.P.16

Operant conditioning.

Describe the Law of Effect.

Describe the principles of operant conditioning.

Describe clinical and experimental examples of operant conditioning.

Apply operant conditioning to everyday life.

Physical, cognitive, and social development across the life span (prenatal, infancy, childhood, adolescence, emerging adulthood, adulthood, and older adulthood.)

Identify key features of physical development from prenatal through older adulthood.

Identify key features of cognitive development from prenatal through older adulthood.

Identify key features of social development from prenatal through older adulthood.

Sociocultural Context SS.P.17 Social cognition.

Describe attributional explanations of behavior.

Describe the relationship between attitudes (implicit and explicit) and behavior.

Identify persuasive methods used to change attitudes. ss.SS.P.18 Social influence and relations.

Describe effects of others’ presence on individuals’ behavior.

Discuss how an individual influences group behavior.

Discuss the nature and effects of stereotyping, prejudice, and discrimination.

Describe determinants of prosocial behavior.

Discuss influences upon aggression and conflict.

Discuss factors influencing attraction and relationships.

SS.P.19

Social and cultural diversity.

Define culture and diversity.

Identify how cultures change over time and vary within nations as well as internationally.

Discuss the relationship between culture and conceptions of self and identity.

Discuss psychological research examining race and ethnicity.

Discuss psychological research examining socioeconomic status.

Discuss how privilege and social power structures relate to stereotypes, prejudice, and discrimination.

Individual Variations SS.P.20 Perspectives on motivation.

Explain biologically based theories of motivation.

Explain cognitively based theories of motivation.

Explain humanistic theories of motivation.

Explain the role of culture in human motivation.

SS.P.21

Perspectives on emotion.

Explain the biological and cognitive components of emotion.

Discuss psychological research on basic human emotions.

Differentiate among theories of emotional experience.

SS.P.22

Perspectives on abnormal behavior.

Define psychologically abnormal behavior.

Describe historical and cross-cultural views of abnormality.

Describe major models of abnormality.

Discuss how stigma relates to abnormal behavior.

Discuss the impact of psychological disorders on the individual, family, and society.

SS.P.23

Categories of psychological disorders.

Describe the classification of psychological disorders.

Discuss the challenges associated with diagnosis.

Describe symptoms and causes of major categories of psychological disorders (including schizophrenic, mood, anxiety, and personality disorders).

Evaluate how different factors influence an individual’s experience of psychological disorders.

SS.P.24

Perspectives on treatment of psychological disorders.

Explain how psychological treatments have changed over time and among cultures.

Match methods of treatment to psychological perspectives.

Explain why psychologists use a variety of treatment options.

Application SS.P.25 Career options.

Identify careers in psychological science and practice.

Identify resources to help select psychology programs for further study.

SS.P.26

Educational requirements.

Identify degree requirements for psychologists and psychology-related careers.

Identify resources to help select psychology programs for further study.

SS.P.27

Vocational applications of psychological science.

Discuss ways in which psychological science addresses domestic and global issues.

Identify careers in psychological science that have evolved as a result of domestic and global issues.

APPENDIX A

The new personal finance course graduation requirement becomes effective with the 2024-2025 freshman cohort. However, counties may have chosen to implement this requirement early.

Freshmen will not be eligible to take this new course prior to their 11th grade year. In the meantime, the following personal finance standards must be embedded into Civics and/or Dual Credit/AP® Government and Politics to ensure every student receives personal finance instruction prior to graduation as required by W. Va. Code. The new standards for the course will be housed in W. Va. §126CSR44M, West Virginia College- and Career-Readiness Programs of Student/Standards for Career Technical Education (CTE course code 1451).

Personal Finance Investigate the cost of postsecondary education.

Determine the tuition and fees of several specific public and private two- and four-year institutions.

Examine room and board cost for students that live on campus.

Examine commuting costs for attending a local institution (gas, car maintenance, distance, time).

Compare textbook costs (e.g., used books, new books, digital rentals, online book stores, local bookstore, text loaning programs).

Determine personal expenses (e.g., hobbies, restaurants, entertainment, transportation, gas, bills, rent, insurance, cellphone).

Examine the net price of different postsecondary institutions utilizing the net price calculator required to be posted on all postsecondary institution’s web pages.

Identify sources of financial aid.

Examine and understand financial aid terminology (e.g., Free Application for Federal Student Aid (FAFSA), Expected Family Contribution (EFC), grant, cost of attendance).

Explore the application process for student loan qualifications and the repayment process.

Evaluate income, lifestyle, and career opportunities based on education and financial aid decisions.

Differentiate the annual income of a college graduate compared to a high school graduate.

Differentiate between gross and net income (e.g., taxes, insurance, and pension plans).

Explore how earning a degree impacts lifestyle, lifelong earning potential, and personal wants vs. needs.

Investigate the consequences of personal choices in relation to finances.

Construct, utilize, and monitor a budget for a recent high school graduate.

Construct, utilize, and monitor a budget for a recent college graduate.

Compare and contrast the budgets of a high school graduate and a recent college graduate.

Explore how benefits packages, unions, and professional organizations impact lifestyle and career choices.

Examine the expectations and benefits of potential careers and their impact on lifelong earning potential.

Examine general workforce preparedness skills.

Develop a resume showing skills, experiences, and education that can be used when applying for a job, a scholarship, or college.

Participate in mock job interviews.

Identify workplace expectation, including prompt attendance, timelines, and efficiencies.

Examine the causes of bankruptcy and how to avoid them.

Complete federal and state income tax forms and examine other state and local taxes.

Examine the advantages and disadvantages of different types of consumer debt to make sound financial decisions (e.g., home loans, credit card debt, automobile loans, pay-day loans, and rent-to-own).

Develop the knowledge and practices of a savvy consumer who knows consumer rights and responsibilities, can identify and avoid fraudulent practices and guard against identify theft.

Utilize traditional and online banking services as well as examining fees, services and hidden costs of checking, savings, debit cards, Certificates of Deposit, etc.

Examine financial habits that promote economic security, stability and growth.

Investments (e.g., stocks, mutual funds, certificates of deposits, and commodity trading).

Insurance (e.g., life insurance, health insurance, automobile insurance, home and renters insurance, and retirement plans).

Series 044E West Virginia College- and Career-Readiness Standards for Wellness Education (Policy 2520.5)

W. Va. Code R. § 126-44E-1 General

1.1. Scope. -- W. Va. 126CSR42, West Virginia Board of Education (WVBE) Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability systems for, a thorough and efficient education for West Virginia public school students. Policy 2520.5 defines the wellness education content standards as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2-9, and 18‑9A‑22.

1.3. Filing Date. -- June 11, 2025.

1.4. Effective Date. -- July 12, 2025.

1.5. Repeal of a Former Rule. -- This rule amends W. Va. Code 126CRS44E, Policy 2520.5, West Virginia College- and Career-Readiness Standards for Wellness Education (Policy 2520.5).

W. Va. Code R. § 126-44E-2 Purpose

2.1. This rule defines the content standards for the program of study in health, physical education, and wellness as required by Policy 2510. These content standards must be met on or before July 1, 2026, for utilization during school year 2026-2027.

W. Va. Code R. § 126-44E-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards (WVCCRS) for wellness education is attached and incorporated by reference into this policy. Copies may be obtained from the Office of the Secretary of State or the West Virginia Department of Education (WVDE).

W. Va. Code R. § 126-44E-4 Summary of the Content Standards

4.1. The WVBE is responsible for establishing high quality standards pertaining to all education programs pursuant to W. Va. Code §18-2-5. The content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. The document includes content standards for wellness education and an explanation of terms.

W. Va. Code R. § 126-44E-5 Severability

5.1. If any provisions of this rule or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of this rule.

Introduction West Virginia College and Career Readiness Standards WVCCRS have been developed with the goal of preparing students for a wide range of high-quality postsecondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills and dispositions needed to be successful in higher education and/or training that leads to gainful employment. The WVCCRS establish a set of knowledge and skills that all individuals need to transition into higher education or the workplace, as both realms share many expectations. All students throughout their educational experience should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

The WVCCRS for Wellness Education promote wellness concepts that build the foundation for health literacy and an appreciation for lifelong physical activity. Students will learn to adopt healthy behaviors, which is a lifelong process of enhancing the components of health education and physical education. The WVCCRS for Wellness Education identify what students should know, understand, and be able to do in practicing skills and behaviors that apply to building and maintaining healthy lifestyles. College- and career-readiness is supported in wellness education as students acquire and further develop self-responsibility, motivation, and excellence in learning as well as a lifelong commitment to wellness.

Explanation of Terms Domains are the broad components that make up a content area: e.g., health education and physical education make up wellness education.

Health Education - The goal of health education is to provide students with the knowledge and skills needed to lead healthy lifestyles; this is often referred to as health literacy. Health literacy is an important measure of the effectiveness of health education and is critical to ensuring that students can be healthy throughout their lives.

Physical Education - Physical education provides students with planned, sequential, K-12 standards-based instruction designed to develop motor skills, knowledge and behaviors for active living, physical fitness, sportsmanship, self-efficacy, and emotional intelligence.

Clusters are groups of standards that define the expectations students must demonstrate to be college- and career-ready.

Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

Wellness Education – Kindergarten – 5th All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Students in grades K-5 are introduced to wellness concepts that build the foundation for health literacy and an appreciation for lifelong physical fitness. It is critical that children learn to adopt healthy behaviors at an early age, so they can develop sound habits before being faced with health concerns later in life. This is a lifelong process of enhancing the components of health education (physical, intellectual, emotional, social, and environmental), physical education (movement forms, motor skill development, and fitness) and physical activity, an important factor in early brain development and learning. The K-5 wellness content standards identify what students should know, understand, and be able to do to practicing skills and behaviors that apply to healthy lifestyles. The goal of these standards is to promote self-responsibility, motivation, and excellence in learning, as well as a lifelong commitment to wellness. The following chart represents the components of health and physical education that will be developed throughout grades K-5:

Development of Movement Forms/Motor Skills Acquire basic wellness concepts and functional wellness knowledge Develop foundational movement forms and motor skills Establish a foundation to facilitate continued motor skill acquisition Identify valid wellness information and health promoting products and services Apply analysis and comparison of health resources to develop health literacy Develop knowledge of fitness principles, Accept responsibility for personal fitness Understand fundamentals of how to lead an Active, healthy lifestyle Develop higher levels of basic fitness and physical competence Endeavor to improve cardiorespiratory endurance, muscular strength and endurance, flexibility, and body composition Responsible, Personal, and Social Behaviors Understand that wellness enhancing behaviors can contribute to a positive quality of life Understand that many diseases and injuries can be prevented by reducing harmful and risk-taking behaviors Accept personal responsibility for health Identify and practice healthy behaviors Understand that personal fitness is impacted by a variety of positive and negative influences within society Identify and understand the diverse internal and external factors that influence wellness practices and behaviors West Virginia Code and Policy Requirements In accordance with W. Va. Code §18-2-7(a) in grades K-5, not less than 30 minutes of physical education, including physical exercise and age-appropriate physical activities, for not less than three days a week shall be provided. Schools that do not currently have the number of certified physical education teachers or required physical setting may develop alternate programs to enable current staff and physical settings to be used to meet this requirement. Alternate programs shall be submitted to the WVDE for approval.

In accordance with Policy 2510, at least 50 percent of class time for physical education will be spent in moderate to vigorous-intensity physical activity.

In accordance with W.Va. Code §18-2-7(a), the FitnessGram® shall be administered to all students in grades four through eight and the required high school course.

In accordance with W.Va. Code §18-2-40(a), children in grades 5-12 shall receive information regarding self-harm and eating disorder signs, prevention, and treatment. This education shall occur at least once per academic school year.

In accordance with W.Va. Code §18-2-40(a), children in grades 5-12 shall receive body age- appropriate safety information at least once per academic school year, with a preference for four times per academic year.

FitnessGram® - Begins in Grade 4 The FitnessGram® test battery assesses health-related fitness components: aerobic capacity, muscular strength and endurance, flexibility and body composition. FitnessGram® tests all students regardless of age, gender, or ability. Students are encouraged to be self-aware of health-related fitness and take responsibility by setting personal fitness goals. When students focus on the process of doing their personal best, a more positive lifelong impact is achieved. The FitnessGram® is composed of the following six fitness areas, with test options provided for most areas:

Aerobic Capacity PACER (Progressive Aerobic Cardiovascular Endurance Run)

One-Mile Run Upper Body Strength and Endurance* Push-Up Modified Pull-Up Flexed Arm Hang Abdominal Strength and Endurance Curl-Up Flexibility Trunk Lift Back-Saver Sit and Reach Shoulder Stretch Body Composition Body Mass Index Bioelectric Impedance Analyzer Wellness Education – Kindergarten All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Kindergarten health education standards focus on the development of social skills, a basic understanding of personal health issues, injury prevention, and the exploration of nutritious foods. Kindergarten physical education standards focus on the development of motor skills, movement concepts, and physical fitness which are critical to future learning.

WE.K.1

Identify and discuss the functions of sensory organs.

WE.K.2

Identify proper personal hygiene skills (e.g., brushing teeth, hand washing).

WE.K.3

Identify healthy and less healthy foods and identify the dangers of common food allergies (e.g. peanuts, shellfish, eggs).

WE.K.4

Identify healthcare/safety professionals (e.g., teachers, policemen, school nurses, dentists, doctors).

WE.K.5

Demonstrate when and how to call 911 emergency services.

WE.K.6

Identify healthy and unhealthy household products and recognize danger symbols (e.g., Mr. Yuk™, skull and crossbones).

WE.K.7

Identify proper clothing to wear for different weather conditions and activities.

WE.K.8

Describe the function of safety equipment used during play (e.g., helmets, knee pads, elbow pads).

WE.K.9

Demonstrate safety procedures (e.g., street crossing, fire drills, transportation safety).

WE.K.10

Explain medication should be avoided without supervised use.

WE.K.11

Identify unsafe actions that might lead to injuries.

WE.K.12

Explain that all people, including children, have the right to tell others not to touch their body.

WE.K.13

Identify adults to notify when uncomfortable with certain touches.

WE.K.14

Recognize nicotine containing products, alcohol, and other drugs as harmful substances and explore appropriate refusal skills.

WE.K.15

Identify feelings and ways to deal with difficult emotions (e.g. emotional regulation techniques, mindful breathing).

WE.K.16

Recognize potentially harmful or dangerous situations and explore appropriate refusal skills (e.g., meeting strangers, using harmful substances).

WE.K.17

Develop a beginning movement vocabulary for body and spatial awareness (e.g., general/self-space, left, right, up, down, high, low).

WE.K.18

Distinguish between personal space and general space.

WE.K.19

Distinguish between and perform locomotor movements of running, hopping, jumping, galloping, and sliding while maintaining balance.

WE.K.20

Travel in straight, curved, and zigzag pathways.

WE.K.21

Perform movements that promote cross lateral development (e.g., marching, windmills, clapping).

WE.K.22

Make wide, narrow, round, and twisted body shapes.

WE.K.23

Move the body at high, medium, and low levels in stationary and moving positions.

WE.K.24

Move to a variety of beats, tempos, and rhythms.

WE.K.25

Transfer weight to balance on different body parts or combinations of body parts (e.g., beginner gymnastics, yoga).

WE.K.26

Develop spatial awareness of an object or person (e.g., beside, under, near, far).

WE.K.27

Kick, throw, catch, bounce, and strike from a stationary position.

WE.K.28

Recognize body responses to physical activities (e.g., increased heart rate, faster breathing, perspiration).

WE.K.29

Discuss the need for proper rest and exercise.

WE.K.30

Locate and identify a variety of body parts.

Responsible, Personal, and Social Behaviors WE.K.31 Demonstrate appropriate interactions with others (e.g., partners, small groups and large groups).

WE.K.32

Identify physical activities outside of school that enhance health.

Wellness Education – Grade 1 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. First grade health education standards provide concrete concepts and opportunities to practice and begin to master a variety of physical, social, emotional, and cognitive skills to promote personal health and wellness, prevent injuries, and develop lifelong interpersonal relationships and health habits. First grade physical education standards continue to develop motor skills, movement concepts, and physical fitness that will enable students to learn to enjoy physical activity and enhance future participation in recreational lifetime activities.

WE.1.1

Identify ways germs enter the body and how to prevent the spread of illnesses.

WE.1.2

Describe the effects of different types of food on the on the body.

WE.1.3

Explain the need for medical checkups and other healthcare procedures (e.g., eye, dental exams).

WE.1.4

Identify which safety helpers (e.g., police and teachers) to contact for different problems.

WE.1.5

Demonstrate when and how to use 911 emergency services.

WE.1.6

Classify household products (e.g., harmful, safe).

WE.1.7

Identify the proper safety equipment for different activities (e.g., rollerblading, bicycling, skateboarding, seatbelts and positioning when riding in a car).

WE.1.8

Discuss and follow safety rules (e.g., sharp objects, bodily fluids, playground, water, electrical).

WE.1.9

Identify escape routes at home and school.

WE.1.10

Explain why medication should be avoided without adult supervision.

WE.1.11

Recognize nicotine-containing products, alcohol, and other drugs as harmful substances, and explore appropriate refusal skills.

WE.1.12

Discuss how using televisions, computers, video games and other technology can affect personal health.

WE.1.13

Identify a variety of feelings and demonstrate emotional regulation techniques to aid in stressful situations (e.g., breathing exercises, calming techniques).

WE.1.14

Discuss appropriate refusal skills in potentially harmful or dangerous situations (e.g., meeting strangers, using harmful substances).

WE.1.15

Understand it is acceptable to tell parents and/or other trusted adults when feeling uncomfortable about being touched.

WE.1.16

Develop a beginning movement vocabulary for body and spatial awareness (e.g., general/self-space, zig-zag, curve, straight, diagonal).

WE.1.17

Distinguish and perform the locomotor movements of running, sliding, galloping, jumping, hopping, skipping and leaping with a mature pattern.

WE.1.18

Demonstrate directional movements of forward, backward, sideways, up, down, left, and right.

WE.1.19

Balance an object on various body parts (e.g., ball on hand, bean bag on foot).

WE.1.20

Kick, throw, catch, bounce, and strike from a stationary position with proper form.

WE.1.21

Combine locomotor skills with pathways (e.g., straight, zigzag, and curved).

WE.1.22

Create expressive movement sequences to a variety of beats, tempos, and rhythms.

WE.1.23

Recognize basic movement concepts of personal and general space.

WE.1.24

Recognize the body responses to physical activity (e.g., increased heart/breathing rate, muscle fatigue, exhaustion levels).

WE.1.25

Explain the importance of proper rest and exercise.

WE.1.26

Identify and explore large muscle groups.

Responsible, Personal and Social Behaviors WE.1.27 Describe appropriate physical activities during recess and outside of school.

WE.1.28

Demonstrate appropriate interactions with others (e.g., partners, small groups, and large groups).

Wellness Education – Grade 2 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Second grade health education standards actively engage students in practicing and developing basic health behaviors and skills. Second grade physical education standards continue to build on the development of motor skills, movement concepts, and physical fitness from previous grades to enhance enjoyment and proficiency.

WE.2.1

Identify foods in each food group.

WE.2.2

Explain the importance of good dental care and demonstrate good dental hygiene.

WE.2.3

Discuss germs and strategies for preventing the spread of illness (e.g. masking when sick, covering when cough/sneeze, keep food and drink to self).

WE.2.4

Describe how immunizations and medicines help fight disease.

WE.2.5

Explore basic first aid.

WE.2.6

Demonstrate when and how to use 911 emergency services.

WE.2.7

Identify symptoms of poisoning and how to get help.

WE.2.8

Demonstrate knowledge of appropriate safety skills and equipment for recreational activities.

WE.2.9

Describe behaviors and habits which may be dangerous at home, on the playground, or in the community.

WE.2.10

Demonstrate proper food handling techniques (e.g., washing apples, washing hands, using clean utensils).

WE.2.11

Describe the harmful effects of tobacco, nicotine, alcohol, and other drugs (e.g. vaping, pouches).

WE.2.12

Describe the importance of following directions for taking medicine and only taking medication under adult supervision.

WE.2.13

Understand the influence digital and print media can have on health behavior.

WE.2.14

Describe how to plan a healthy family meal.

WE.2.15

Practice positive communication skills (e.g., healthy ways to express needs, wants, and feelings).

WE.2.16

Demonstrate how to respond appropriately when being touched in an uncomfortable manner.

WE.2.17

Discuss problem solving skills for possible risky situations in various environments.

WE.2.18

Identify situations resulting in hurt feelings and demonstrate appropriate coping skills.

WE.2.19

Combine locomotor skills with pathways (e.g., straight, zigzag, curved) and levels (e.g., high, medium, and low).

WE.2.20

Practice chasing, fleeing, and evading in a variety of physical activities.

WE.2.21

Combine balance, transfer of weight, and rolling movements in a repeatable sequence (e.g., beginner gymnastics, animal movements, yoga).

WE.2.22

Perform dance sequences to a variety of beats, tempos, and rhythms.

WE.2.23

Demonstrate directional movements of forward, backward, sideways, up, down, left, and right.

WE.2.24

Kick, throw, bounce, catch, and strike an object from a moving position with proper form.

WE.2.25

Identify and discuss the components associated with health-related fitness (e.g., cardiovascular endurance, muscular strength and endurance, flexibility and body composition) and participate in activities to improve fitness.

WE.2.26

Locate and discuss large muscle groups and identify muscular strength, muscular endurance, and flexibility exercises.

WE.2.27

Identify muscular strength, muscular endurance, and flexibility exercises.

Responsible Personal and Social Behaviors WE.2.28 Follow rules, procedures, and safe practices individually and when in a group.

WE.2.29

Participate in two physical activities that bring personal enjoyment during recess or outside of the school environment.

Wellness Education – Grade 3 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Third grade health education standards will explore the effects of health habits on wellness through decision making and problem-solving techniques. Hands-on health activities provide experiences that are easily integrated with other third grade subject matter. Third grade physical education standards stress the application of motor skills, movement forms, and physical fitness which will lead to enjoyment in more complex skills and activities. Social skills and lifetime wellness principles promote continued participation in regular physical activity.

WE.3.1

Identify the major organs of the body systems.

WE.3.2

Explain the importance of preventing the spread of germs, bacteria, and diseases.

WE.3.3

Demonstrate good dental hygiene and discuss potential consequences of poor oral health.

WE.3.4

Identify the food groups and recognize food provides energy and nutrients for growth and development.

WE.3.5

Define and demonstrate basic first aid procedures.

WE.3.6

Distinguish between situations that warrant contacting emergency services and situations that do not.

WE.3.7

Explain the importance of using appropriate protective gear for self and others (e.g., helmets, goggles, sunscreen, seatbelts and other safety protocols in various modes of transportation including seat positioning).

WE.3.8

Discuss and practice personal responsibility for hygiene.

WE.3.9

Demonstrate decision-making skills to avoid unhealthy risk-taking behaviors (e.g., swimming alone, talking with strangers, taking medicines without adult supervision).

WE.3.10

Model and practice ways to reduce stress (e.g., deep breathing, mindfulness).

WE.3.11

Discuss appropriate and inappropriate uses of over the counter (OTC) and prescription medication.

WE.3.12

Compare food choices based on nutritional value, recommended portion, and serving size.

WE.3.13

Demonstrate appropriate refusal skills (e.g., clear "no" statement, walk away, repeat refusal).

WE.3.14

Assess factors that contribute to achieving and maintaining a healthy body (e.g., food choices, physical activity).

WE.3.15

Understand how overall health is affected by different levels of passive technology use (e.g., minimal, moderate, or excessive screen time, video games).

WE.3.16

Demonstrate effective ways to communicate with kindness and compassion.

Development of Motor Skills/Movement Form WE.3.17 Throw an object in an underhand and overhand method.

WE.3.18

Catch a moving object.

WE.3.19

Dribble a ball with hands from a stationary and a moving position.

WE.3.20

Direct an object to a target (e.g., kick, roll, throw, and strike).

WE.3.21

Jump to an established rhythm continuously.

WE.3.22

Perform simple sequences in time to music.

WE.3.23

Continuously strike an object (e.g., balloon with hand, ball with foot).

WE.3.24

Demonstrate strategies for chasing, fleeing, and evading.

WE.3.25

Practice proper form when performing the following muscular strength and endurance exercises (e.g., curl up, sit up, plank, push-up).

WE.3.26

Practice proper form when developing flexibility (e.g., trunk lift, sit and reach, shoulder stretch).

WE.3.27

Practice proper pacing technique when running for various periods of time or distance (e.g., sprint, jog, mile-run).

WE.3.28

Demonstrate a procedure for monitoring heart rate.

WE.3.29

Distinguish between physical activities that are moderate-to-vigorous in intensity.

WE.3.30

Identify personally enjoyable physical activities.

WE.3.31

Explain the benefits of different kinds of fitness (e.g., cardiovascular endurance, muscular strength and endurance, flexibility, and body composition) and demonstrate exercises/activities for each.

WE.3.32

Explore the components of the F.I.T.T. Principle: Frequency, Intensity, Time, and Type.

Responsible Personal and Social Behaviors WE.3.33 Work cooperatively, productively, and safely with a partner or small group.

WE.3.34

Use specific feedback to improve performance.

WE.3.35

Explain the importance of rules and etiquette in physical activities.

WE.3.36

Identify physical activities that represent a variety of cultures around the world.

Wellness Education – Grade 4 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Fourth grade health education standards focus on developing plans for wellness behaviors, practicing health-enhancing skills and becoming advocates for personal health. Students will propose wellness strategies to develop independence, self-motivation and critical thinking skills. Fourth grade physical education standards focus on continued advancements of motor skills, movement concepts, and physical fitness allowing for greater exploration of lifetime physical activities. Fourth grade incorporates vigorous activity to enhance physical development, social skills, and foster participation in enjoyable physical activity outside the classroom.

WE.4.1

Identify responsible health behaviors to avoid the spread of contagious diseases.

WE.4.2

Describe the functions of the circulatory, respiratory, nervous, endocrine systems of the human body.

WE.4.3

Describe the harmful effects of excessive sun exposure and identify ways to reduce overexposure.

WE.4.4

Identify specific community resources providing health care, health information, and health-enhancing activities.

WE.4.5

Explore how the media attempts to influence thoughts, feelings, and health behaviors.

WE.4.6

Develop and practice a personal hygiene plan.

WE.4.7

Recognize and accept individual differences in others.

WE.4.8

Discuss the improper use and abuse of legal and illegal drugs.

WE.4.9

Examine food labels and nutritional value.

WE.4.10

Discuss examples for food advertising and influences on personal health.

WE.4.11

Identify and discuss TV and other media programs exemplifying healthy family relationships.

WE.4.12

Examine the consequences of not using appropriate safety skills and equipment for recreational purposes.

WE.4.13

Plan a balanced meal using proper nutrition guides.

WE.4.14

Define risk-taking behaviors and resulting consequences.

WE.4.15

Explain the physical, social, and emotional changes that occur during puberty and adolescence.

WE.4.16

Demonstrate critical elements or components for the kick, catch, throw, dribble with hands and feet, and jump/land.

WE.4.17

Strike, toss, and catch objects using short and long-handled implements.

WE.4.18

Volley an object to self.

WE.4.19

Jump a single rope continuously using a variety of jump skills.

WE.4.20

Apply strategies for chasing, fleeing, and evading in a variety of activities.

WE.4.21

Perform rhythmic sequences using equipment.

WE.4.22

Dribble and kick an object with hands or feet while moving.

WE.4.23

Demonstrate proper form when performing the following muscular strength and endurance exercises (e.g., curl-up, sit-up, plank, push-up).

WE.4.24

Demonstrate proper form when developing flexibility (e.g., trunk lift, sit and reach, shoulder stretch).

WE.4.25

Demonstrate proper pacing technique when running for various periods of time or distance (e.g., sprint, jog, mile-run).

WE.4.26

Use fitness assessment results to identify personal strengths and weaknesses and plan for personal improvement.

WE.4.27

Match various exercises to the appropriate fitness components (e.g., push-up to upper body strength, curl-up to abdominal strength).

WE.4.28

Identify the components of the F.I.T.T. principle of exercise: Frequency, Intensity, Time, and Type.

WE.4.29

Identify the characteristics of activities needed to maintain health-related fitness.

Responsible Personal and Social Behaviors WE.4.30 Work cooperatively, productively, and safely with a partner or small group.

WE.4.31

Demonstrates the importance of rules and etiquette in physical activities.

WE.4.32

Define fair play and provide examples of fair play in a variety of activities.

WE.4.33

Identify examples of appropriate feedback.

Wellness Education – Grade 5 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Fifth grade health education standards focus on promoting positive behaviors as societal norms, critically examining the influence of media, peers, and society on individual decisions and actions. Students will explore the relationship of varying growth and development patterns, self-acceptance, and the effects of physical activity and nutrition on personal health, growth, and self-concept. Students will examine non-use attitudes toward nicotine containing substances, alcohol and other drugs. Fifth grade physical education standards encourage lifelong wellness habits and include the components of the F.I.T.T. principle, as well as health and skill-related fitness.

WE.5.1

Identify seven dimensions of total wellness (e.g., physical, emotional, social, intellectual, spiritual, environmental, and occupational).

WE.5.2

Describe the importance of proper nutrition and making balanced food choices.

WE.5.3

Recognize potentially dangerous situations (e.g., bullying, harassment, drug use, criminal activities) and know how to obtain help.

WE.5.4

Identify environmental hazards (e.g., poisonous plants, insect bites/stings, pollution).

WE.5.5

Describe precautions and reactions to extreme weather conditions.

Wellness Information and Service WE.5.6 Describe how family, peers, community, and culture influence and support personal health practices and behaviors.

WE.5.7

Identify legal and illegal drugs.

WE.5.8

Discuss ways that technology can have a positive and negative influence on personal health.

WE.5.9

Discuss how media may influence future behaviors (e.g., nicotine containing products, alcohol use, violence, and relationships).

WE.5.10

Analyze and interpret nutritional value food labels.

WE.5.11

Identify effective verbal and non-verbal communication skills (e.g., body language, restating, listening).

WE.5.12

Demonstrate refusal skills to avoid risky behaviors or situations (e.g., drug use, criminal activity, being alone with a stranger, inappropriate digital communication, boundary setting).

WE.5.13

Demonstrate assertive responses when asking for help in an emergency.

WE.5.14

Set a personal health goal, identify resources to assist in achieving the goal, and track progress toward its achievement.

WE.5.15

Distinguish between safe, risky, or harmful relationships and list strategies to reduce threatening situations (e.g., anger management, positive peer-pressure).

WE.5.16

Demonstrate techniques for managing stress (e.g., exercising, meditation).

WE.5.17

Identify strategies to change unhealthy behaviors.

WE.5.18

Identify signs and symptoms of self-harm.

WE.5.19

Identify signs and symptoms of eating disorders.

WE.5.20

Identify appropriate individuals who can assist in the treatment of self-harm and eating disorders.

Development of Movement Forms / Motor Skills WE.5.21 Perform various motor skill techniques to independently develop and improve coordination.

WE.5.22

Perform simple dance sequences using smooth transitions in speed, level, and direction in time to music.

WE.5.23

Perform jump sequences with partners using long and short ropes.

WE.5.24

Throw overhand with force and accuracy.

WE.5.25

Dribble with hands or feet while evading an opponent.

WE.5.26

Utilize critical elements or components for dribbling with hands and feet and striking with short and long-handled implements to improve performance in a game setting.

WE.5.27

Use an implement to strike an object with force and accuracy.

WE.5.28

Demonstrate proper form when performing the following muscular strength and endurance exercises (e.g., curl up, sit up, plank, push up).

WE.5.29

Demonstrate proper form when developing flexibility (e.g., trunk lift, sit and reach, shoulder stretch).

WE.5.30

Demonstrate proper pacing technique when running for various periods of time or distance (e.g., sprint, jog, mile-run).

WE.5.31

Use fitness assessment results to identify personal strengths and weaknesses and plan for personal improvement.

WE.5.32

Participate in warm-up and cool-down procedures before and after vigorous activities.

WE.5.33

Describe the health benefits of regular participation in physical activity.

WE.5.34

Define the components of the F.I.T.T. principle of exercise (e.g., Frequency, Intensity, Time, and Type).

WE.5.35

Demonstrate knowledge of the five health related fitness components (e.g., cardiovascular fitness, muscular strength, muscular endurance, body composition, flexibility).

WE.5.36

Demonstrate knowledge of skill-related fitness (e.g., speed, agility, balance, reaction time, power, coordination).

WE.5.37

Identify school and community programs promoting lifelong physical activity.

WE.5.38

Engage in lifestyle behaviors to increase physical activity outside of the physical education setting.

WE.5.39

Record physical activity participation (e.g., in and outside physical education).

WE.5.40

Work collaboratively, productively, and safely with a partner or small group.

WE.5.41

Participate appropriately with those having different skills and abilities.

WE.5.42

Demonstrate fair play in competitive settings regardless of the outcome.

WE.5.43

Provide appropriate feedback to others in a respectful manner.

WE.5.44

Compare and contrast physical activities that are unique to a culture other than your own.

Wellness Education - Grades 6-8 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Students in grades sixth through eighth continue to develop wellness concepts which build upon the foundation for health literacy and an appreciation for lifelong physical fitness. It is critical that students continue to understand and practice healthy, active lifestyle behaviors before being faced with health concerns later in life. This is a lifelong process of enhancing the components of health education, physical education, and physical activity. The grades 6-8 wellness education content standards identify what students should know, understand, and be able to do in practicing skills and behaviors that apply to healthy lifestyles. The goal of these wellness education content standards is to promote self-responsibility, motivation, and excellence in learning as well as a lifelong commitment to wellness. The following chart represents the components of health and physical education that will be developed throughout grades 6-8. These components are based on the skill progressions from grades K-5.

Acquire basic health concepts and functional health knowledge Understand essential concepts of established health behavior theories and models Apply strategies to promote health and reduce risk Master movement fundamentals Improve motor skills Identify and understand diverse internal and external factors that influence health practices and behaviors Develop self-confidence Promote positive self-image through physical activity Encourage the concept of life-long participation in physical activity Health Information and Services Identify and access valid health resources and health-promoting products and services Reject unreliable sources Apply analysis, comparison and evaluation of health resources Identify, implement and sustain health enhancing behaviors Apply decision-making process to make healthy decisions Collaborate with others to improve quality of life Understand fitness principles Accept responsibility for personal fitness Lead an active, healthy life Develop higher levels of basic fitness and physical competence Endeavor to improve cardiorespiratory endurance, muscular strength and endurance, flexibility, and body composition Communicate to enhance personal, family, and community health Use verbal and non-verbal skills to develop and maintain healthy personal relationships Organize and convey information and feelings to strengthen interpersonal interactions Set goals to identify, adopt, and maintain healthy behaviors Implement critical steps to achieve both short-term and long-term health goals.

Achieve self-initiated behaviors that promote personal and group success in activity settings Apply safe practices Adhere to rules, procedures, and etiquette Foster cooperation and teamwork Demonstrate ethical behavior in sport Encourage positive social interaction Develop respect for individual similarities and differences Reduce harmful and risk-taking behaviors accept personal responsibility for health Promote healthy norms and healthy behaviors Target health enhancing messages to encourage others to adopt healthy behaviors West Virginia Code and Policy Requirements In accordance with W. Va. Code §18-2-7(a):

Physical education, including physical exercise and age-appropriate physical activities, must be provided the equivalent of at least one full period of each school day of one semester of the school year. Schools that do not currently have the number of certified physical education teachers or required physical setting may develop alternate programs to enable current staff and physical settings to be used to meet this requirement. Alternate programs shall be submitted to the WVDE for approval.

The FitnessGram® shall be administered to all students in grades four through eight and the required high school course.

In accordance with W. Va. Code §18-2-9:

The WVDE shall provide a standardized health education assessment to be administered in sixth and eighth grade health education classes to measure student health knowledge and program effectiveness.

All public schools must include instruction in any of grades six through twelve in the prevention, transmission and spread of HIV/AIDS and other sexually transmitted diseases, and infections (STDs/STIs).

An opportunity shall be afforded to the parent or guardian of a child subject to instruction in the prevention, transmission and spread of AIDS and other STD/STI to examine the course curriculum requirements and materials to be used in such instruction. The parent or guardian may exempt such child from participation in such instruction by giving notice to that effect in writing to the school principal.

In the subject of health education in any of the grades six through twelve as considered appropriate by the county board shall include at least sixty minutes of instruction for each student on the dangers of opioid use, the additive characteristics of opioids, and safer alternatives to treat pain.

In accordance with W.Va. Code §18-2-40(a):

Children in grades 5-12 shall receive information regarding self-harm and eating disorder signs, prevention and treatment. This education shall occur at least once per academic school year.

Children in grades 5-12 shall receive body age- appropriate safety information at least once per academic school year, with a preference for four times per academic year.

In accordance with W.Va. Code §18-34-1:

The Fentanyl Prevention and Awareness Education Act or “Laken’s Law” would help prevent overdose deaths in teens and in young adults due to fentanyl and fentanyl components. This shall be accomplished through education of students in grades 6-12 in all public schools and be mandated annually using the following methods:

Students will be taught about fentanyl, heroin, and opioids awareness, prevention, and abuse;

Students will be instructed in the life-saving use of FDA-approved opioid reversal agents;

Students will be instructed on the prevention of the abuse of and addiction to fentanyl;

Students will be instructed on available state and community resources and organizations that work to prevent and reduce youth substance use; and Students will receive health education covering the issues of substance abuse and youth substance abuse in particular.

In accordance with Policy 2510:

At least 50 percent of class time for physical education will be spent in moderate to vigorous-intensity physical activity.

FitnessGram® - Grades 6 -8 The FitnessGram® test battery assesses health-related fitness components: aerobic capacity, muscular strength and endurance, flexibility and body composition. FitnessGram® tests all students regardless of age, gender, or ability. Students are encouraged to be self-aware of health-related fitness and take responsibility by setting personal fitness goals. When students focus on the process of doing their personal best, a more positive lifelong impact is achieved. The FitnessGram® is composed of the following six fitness areas, with test options provided for most areas:

Aerobic Capacity PACER (Progressive Aerobic Cardiovascular Endurance Run)

One-Mile Run Upper Body Strength and Endurance Push-Up Modified Pull-Up Flexed Arm Hang Abdominal Strength and Endurance Curl-Up Flexibility Trunk Lift Back-Saver Sit and Reach Shoulder Stretch Body Composition Body Mass Index Bioelectric Impedance Analyzer Wellness Education – Grade 6 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. The goal of sixth grade health education is to address many important social, emotional and physical changes of young adolescents. Decision-making steps and application are integrated into all topics of discussion as students examine potential long- and short-term consequences of decisions and their impact on all aspects of health (e.g., physical, emotional, social, mental/intellectual, spiritual, environmental and occupational). Students critically examine concepts related to personal health; injury prevention, alcohol, tobacco, and other drugs; recognize the impact of positive health decisions on personal goal attainment. The goal of the physical education program of study at the sixth-grade level is to improve students’ understanding of the connections between physical activity and lifelong wellness. Movement is critical to proper growth and development at this age; physical education assists students in developing a healthy body and self-image. Social and emotional development is enhanced as students begin to use motor skills in team building situations.

WE.6.1

Investigate personal diet, create an understanding of serving size versus portion size, and analyze nutritional needs of adolescents.

WE.6.2

List short-term and long-term effects of alcohol, drugs, and nicotine containing substances.

WE.6.3

List short-term and long-term effects of a sedentary lifestyle.

WE.6.4

Examine healthy behaviors and practices beneficial to each body system and help lead to a healthy lifestyle.

WE.6.5

Describe how family health history, hereditary factors, and personal lifestyle choices impact personal health.

WE.6.6

Analyze the seven dimensions of wellness and how to maintain or improve them (e.g., physical, emotional, social, intellectual, spiritual, environmental, and occupational).

WE.6.7

Recognize medical terminology, anatomical landmarks, and functions of the reproductive system.

WE.6.8

Analyze how media messages influence choices on health behaviors (e.g., nicotine containing substances, drugs, alcohol, eating disorders, etc.).

WE.6.9

Analyze advertiser influences on consumer choices (e.g., brand names, fads).

WE.6.10

Explain how families influence the health of adolescents (e.g., family time, meal preparation, religious practices, weight control).

WE.6.11

Explain the influence of personal values, beliefs, and culture on health practices and behaviors.

WE.6.12

Explain how peers, school, and community can impact personal health practices and behaviors.

WE.6.13

Explain how technology has advanced health promotion and disease prevention.

WVE.6.14

Discuss the importance of respecting individual differences.

Health Information and Service WE.6.15 Analyze the validity of health information, products, and services.

WE.6.16

Identify sources of valid health information.

WE.6.17

Describe situations that may require professional health services (e.g., drug addiction, suicide prevention, sudden illness, accidents).

WE.6.18

Recognize the dangers of fentanyl, heroin, and other opioid use and abuse, the addictive characteristics of opioids, and safer alternatives to treat pain.

WE.6.19

Demonstrate effective verbal and non-verbal communication skills (e.g., refusal skills, body language, restating).

WE.6.20

Describe a variety of positive coping mechanisms and conflict resolution skills to deal with difficult situations.

WE.6.21

Use positive communication skills to build and maintain healthy relationships.

WE.6.22

Explain refusal and negotiation skills to avoid or reduce risks of dangerous situations.

WE.6.23

List the steps of the decision-making process to solve problems.

WE.6.24

Select healthy options that benefit health-related issues or problems.

WE.6.25

Describe potential outcomes when making health-related decisions (e.g., obesity, alcoholism, drug dependence) for self and others.

WE.6.26

Select decision-making skills that protect against communicable and non-communicable diseases.

WE.6.27

Examine multiple options and differentiate between healthy and unhealthy choices when making decisions.

WE.6.28

Explain how the goal setting process is important in designing strategies to avoid risky behaviors.

WE.6.29

Select a personal health goal and track progress toward achievement.

WE.6.30

Describe how personal health goals and practices can change (e.g., maturity, peer influences, environment).

WE.6.31

Differentiate between safe and risky behaviors in relationships.

WE.6.32

Discuss healthy lifestyle practices to improve personal and family health.

WE.6.33

List protective behaviors used to avoid and reduce threatening situations (e.g., be with a group, confide in trusted adults).

WE.6.34

Identify appropriate strategies used to reduce stress, anxiety, and depression.

WE.6.35

Contrast the differences between safe and risky behaviors for preventing pregnancy and STDs/STIs.

WE.6.36

Demonstrate CPR, hands only CPR, AED, and basic first aid.

WE.6.37

Explain how to administer the use of lifesaving opioid reversal agents (e.g., Naloxone)

WE.6.38

Identify causes, signs and symptoms, prevention and treatment strategies for eating disorders and self-harm.

WE.6.39

Advocate for healthy lifestyles.

WE.6.40

Discuss ways health messages can be altered depending on the audience.

WE.6.41

Explain how to influence others to make positive health choices.

WE.6.42

Analyze results of national or state Youth Risk Behavior Survey (YRBS) information.

Movement Forms / Motor Skills WE.6.43 Perform independently in physical activity to improve skills and fitness.

WE.6.44

Perform basic skills necessary to participate in individual, dual, team, and lifetime activities.

WE.6.45

Perform social and/or multicultural dances.

WE.6.46

Participate in physical activity in addition to physical education class.

WE.6.47

Identify lifelong physical activity opportunities (e.g., walk/run, bike, hike, dance, strength training).

WE.6.48

Demonstrate proper form when performing the following muscular strength and endurance exercises (e.g., curl-up, sit-up, plank, push-up).

WE.6.49

Demonstrate proper form when developing flexibility (e.g., trunk lift, sit and reach, shoulder stretch).

WE.6.50

Demonstrate proper pacing technique when running for various periods of time or distance (e.g., sprint, jog, mile-run).

WE.6.51

Use fitness assessment results to identify personal strengths and weaknesses and plan for personal improvement.

WE.6.52

Describe the fitness benefits of a variety of physical activities (e.g., stretching, cardio, strength training).

WE.6.53

Describe the importance of warm-up and cool-down activities when participating in physical fitness.

WE.6.54

Work cooperatively and productively in a group to accomplish a set goal/task.

WE.6.55

Follow rules, procedures, etiquette for safety and fair play.

WE.6.56

Practice behaviors that are supportive and inclusive in physical activity.

Wellness Education – Grade 7 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. The goal of the seventh-grade health education program of study is to address important social, emotional, and physical changes adolescents face. Topics of discussion provide opportunities for students to practice decision making, communication skills, and goal setting. Students develop strategies to reduce risks and enhance personal health and wellness. The goal of the physical education program of study at the seventh grade level is to continue to develop specialized skills, offer new opportunities to explore recreational activities and lifetime fitness activities, and build on wellness and social skills previously introduced. During this critical time period, changes due to maturation and growth affect the students’ skill level as they adjust to physical changes. Social development is an important part of the physical education curriculum.

WE.7.1

List the six essential nutrients; determine their sources and functions.

WE.7.2

Analyze the effects of risky lifestyle behaviors on body systems and general wellness.

WE.7.3

Describe the anatomy and functions of the reproductive system.

WE.7.4

Identify general symptoms and potentially long-term health consequences of STDs/STIs.

WE.7.5

Explain short-term and long-term effects of alcohol, drug, and nicotine containing substance use.

WE.7.6

Compare and contrast the influence of peers, community, and cultural beliefs on health behaviors.

WE.7.7

Debate how messages from the media and advertising can influence health behaviors.

WE.7.8

Describe the impact of different types of bullying and identify necessary coping skills.

WE.7.9

Explain the importance of respecting individual differences.

WE.7.10

Determine the intent of media messages about alcohol, nicotine containing substances, and other drugs (e.g., alcoholic beverage, prescription, and OTC drug advertisements).

WE.7.11

Analyze the food industry and how it affects the health of society.

WE.7.12

Examine the influence of the family on the health of adolescents (e.g., smoking, drinking, drug use, meal plans).

Health Information and Service WE.7.13 Research the costs of health information, insurance, products, and services.

WE.7.14

Identify valid health information from a variety of sources (e.g., home, community, internet).

WE.7.15

Explain why a situation might require professional and community health services.

WE.7.16

Identify misinformation and stereotyping associated with food industries and/or health service.

WE.7.17

Analyze effective verbal and non-verbal communication skills (e.g., body language, restating, individual/group conversation).

WE.7.18

Analyze the effectiveness of a variety of positive coping mechanisms/conflict resolution skills (e.g., peer mediation, non-violent strategies to deal with upset feelings and difficult situations).

WE.7.19

Give examples of refusal and negotiation skills to avoid health risks.

WE.7.20

Discuss ways to develop and maintain healthy family relationships.

WE.7.21

Research the dangers of fentanyl, heroin, and other opioid use, the addictive characteristics of opioids, and safer alternatives to treat pain.

WE.7.22

Apply established dietary guidelines in meal planning.

WE.7.23

Discuss the consequences of poor nutritional choices.

WE.7.24

Role-play situations and practice positive decision-making concerning alcohol, nicotine containing substances, and other drugs.

WE.7.25

Apply the steps of a decision-making process to solve a problem.

WE.7.26

Develop a personal health plan to address strengths and weaknesses of health practices (e.g., diet, exercise, sleep, relationships).

WE.7.27

Explain the importance of the goal setting process when planning future events.

WE.7.28

Discuss the impact of multiple factors on personal health goals (e.g., change of schools, getting older, new interests, family alteration).

WE.7.29

Recognize risky or harmful behaviors that may occur in relationships (e.g., abuse, date rape, sexual activity).

WE.7.30

Analyze the differences between safe and risky behaviors, including methods for preventing pregnancy and STDs/STIs, including Hepatitis B virus (HBV), HIV/AIDS, (e.g., abstinence, birth control, disease control).

WE.7.31

Role-play protective behaviors used to avoid and reduce threatening situations (e.g., anger, bullying, harassment).

WE.7.32

Identify strategies to reduce stress, anxiety, and depression.

WE.7.33

Demonstrate CPR, hands only CPR, AED, and basic first aid procedures.

WE.7.34

Explain how to administer the use of lifesaving opioid reversal agents (e.g., Naloxone)

WE.7.35

Identify causes, signs and symptoms, prevention and treatment strategies for eating disorders and self-harm.

WE.7.36

Advocate to work cooperatively with family for healthy lifestyles (e.g., exercise together, diet plans, food preparation, spend time together).

WE.7.37

Explain why making positive health choices will influence others.

WE.7.38

Analyze results of the national or state Youth Risk Behavior Survey (YRBS).

Movement Forms/Development of Motor Skills WE.7.39 Participate in a variety of individual, dual, and team sports.

WE.7.40

Participate in a variety of non-competitive individual activities.

WE.7.41

Create and perform a dance sequence in time to music.

WE.7.42

Demonstrate offensive and defensive strategies in individual, dual, and team sports.

WE.7.43

Identify opportunities for physical activity available in the community and/or state (e.g., bicycling, golfing, white water rafting, kayaking, hunting, fishing, skiing, mountain biking, hiking, rock climbing).

WE.7.44

Identify multiple physical activities that target specific fitness goals.

WE.7.45

Demonstrate proper form when performing the following muscular strength and endurance exercises (e.g., curl-up, sit-up, plank, push-up).

WE.7.46

Demonstrate proper form when developing flexibility (e.g., trunk lift, sit and reach, shoulder stretch).

WE.7.47

Demonstrate proper pacing technique when running for various periods of time or distance (e.g., sprint, jog, mile-run).

WE.7.48

Use fitness assessment results to identify personal strengths and weaknesses and plan for personal improvement.

WE.7.49

Identify personal fitness needs and participate in physical activities to improve individualized goals.

WE.7.50

Explain how the principles of progression and overload improve personal fitness performance.

WE.7.51

Differentiate between health-related fitness (e.g. cardiovascular fitness, muscular strength, muscular endurance, body composition, flexibility) and skill related fitness (e.g. speed, agility, balance, reaction time, power, coordination).

WE.7.52

Demonstrate cooperative team building skills appropriate for physical activity (e.g., equal opportunity for participation).

WE.7.53

Demonstrate appropriate conflict resolution skills (e.g., peer mediation).

WE.7.54

Demonstrate knowledge of rules, etiquette, and safety while participating in various physical activities (e.g. sportsmanship, fair play).

Wellness Education – Grade 8 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. The goal of the eighth-grade health education program of study is to provide opportunities for students to practice decision making, communication skills, and goal setting in role-played or simulated situations that outline the importance of taking responsibility for individual actions. Students examine violence prevention and develop strategies to promote safety for themselves and others. Students learn to access, use, critically evaluate, and apply health information and services. The goal of the eighth-grade physical education program of study is to allow students to further explore individual interests in lifetime physical activities and gain the knowledge and skills for future participation. A strong emphasis on lifetime wellness, physical activity, and social skills supports the goal of becoming physically-active adults.

WE.8.1

Apply nutritional principles to healthy food choices (e.g., whole foods, menu preparation, nutrition labels).

WE.8.2

Analyze the effects of risky behaviors on body systems and wellness (e.g., substance abuse, processed and high sugar foods).

WE.8.3

Label and explain the functions of the body systems (e.g., circulatory, skeletal, reproductive, digestive).

WE.8.4

Determine the risk factors that lead to teen pregnancy, HIV/AIDS, HBV, and other STDs/STIs.

WE.8.5

Recognize behaviors that protect and keep the male and female reproductive systems healthy.

WE.8.6

Identify cultural influences on health behaviors (e.g., nutrition, hygiene, relationships, medicine, drug use).

WE.8.7

Discuss the use of technology and its positive and negative impact on health (e.g., video games, computers, cell phones, medical information and advancements).

WE.8.8

Describe how bullying can have a negative impact on quality of life.

WE.8.9

Discuss the importance of respecting individual differences.

Health Information and Service WE.8.10 Research how health information, products, and services are financed (e.g., government, consumers, trusts).

WE.8.11

Research products advertised to enhance health and analyze the accuracy of information provided (e.g., vitamins, supplements, dietary aids).

WE.8.12

Evaluate the dangers of fentanyl, heroin, and other opioid use/abuse, the addictive characteristics of opioids, and safer alternatives to treat pain.

WE.8.13

Demonstrate ways to exhibit care, consideration, and respect for self and others.

WE.8.14

Develop a variety of positive coping mechanisms/conflict resolution skills (e.g., negotiation, peer-mediation, non-violent strategies).

WE.8.15

Compare and contrast various refusal and negotiation skills to avoid or reduce risky and harmful health behaviors (e.g., pregnancy, drunk driving, STDs/STIs, dating violence, harassment, alcohol, nicotine containing substances, and other drugs).

WE.8.16

Practice communication skills necessary for healthy relationships (e.g., courtesy, manners, respect, conflict resolution).

WE.8.17

Develop healthy practices regarding health-related issues (e.g., nutrition, weight control, exercise, prescription drugs).

WE.8.18

Predict potential outcomes of health-related decisions (e.g., alcohol, nicotine containing substances, and other drug use, nutrition, seatbelts and positioning in various modes of transportation).

WE.8.19

Develop decision-making skills needed to protect against communicable and non-communicable diseases.

WE.8.20

Distinguish between options that are healthy and unhealthy.

WE.8.21

Apply the steps of the decision-making process to solve problems.

WE.8.22

Assess personal health practices (e.g., safety, diet, exercise, sleep, alcohol, nicotine containing substances, and other drug use).

WE.8.23

Discuss the importance of the goal setting process in designing strategies to quit unhealthy and risky behaviors.

WE.8.24

Design a personal health goal and track progress toward its achievement (e.g., exercise, weight control, dental care).

WE.8.25

Determine how personal health goals and practices can vary as priorities change (e.g., family illness, death of close friend, personal tragedy, maturity).

WE.8.26

Distinguish between safe and risky or harmful behaviors in relationships.

WE.8.27

Examine the differences between safe and risky behaviors, including methods for preventing pregnancy and STDs/STIs (e.g., abstinence, birth control).

WE.8.28

Explain protective behaviors used to avoid and reduce threatening situations.

WE.8.29

Design strategies to reduce stress, anxiety, and depression.

WE.8.30

Create good health practices to improve personal and family health (e.g., hygiene, nutrition, food preparation, family time).

WE.8.31

Demonstrate hands only CPR, AED, and first aid procedures.

WE.8.32

Explain how to administer the use of lifesaving opioid reversal agents (e.g., Naloxone).

WE.8.33

Identify causes, signs and symptoms, prevention and treatment strategies for eating disorders, depression, and self-harm.

WE.8.34

Work cooperatively to advocate for healthy individuals, families, communities, and schools (e.g., health organizations, local health fairs).

WE.8.35

Identify ways in which health messages and communication techniques can be altered for different audiences.

WE.8.36

Explain how to encourage others to make positive health choices.

WE.8.37

Explain the need for legislation to protect and promote personal safety and health (e.g., traffic laws, health departments).

WE.8.38

Recognize and promote environmental practices that will preserve natural resources for personal and community health.

WE.8.39

Analyze results of national or state Youth Risk Behavior Survey (YRBS) information.

Movement Forms/Development of Motor Skills WE.8.40 Demonstrate basic offensive and defensive strategy while participating in individual, dual, and team sports (e.g., lead-up games/activities)

WE.8.41

Practice basic techniques and safety procedures while participating in non-competitive lifetime physical activity (e.g., wear helmet and other protective gear, practice safe use of equipment).

WE.8.42

Participate in a variety of rhythm and movement skills (e.g., social dance, line dance).

WE.8.43

Identify characteristics of skilled performance in a sport or activity (e.g., rubric, self/peer assessment).

WE.8.44

Evaluate the health benefits of two or more physical activities.

WE.8.45

Develop and implement a personal physical activity plan (e.g., where, when, cost, equipment, procedures).

WE.8.46

Demonstrate proper form when performing the following muscular strength and endurance exercises (e.g., curl-up, sit-up, plank, push-up).

WE.8.47

Demonstrate proper form when developing flexibility (e.g., trunk lift, sit and reach, shoulder stretch).

WE.8.48

Demonstrate proper pacing technique when running for various periods of time or distance (e.g., sprint, jog, mile-run).

WE.8.49

Use fitness assessment results to identify personal strengths and weaknesses and plan for personal improvement.

WE.8.50

Implement personal fitness goals related to health-related fitness (e.g., cardiovascular fitness, muscular strength, muscular endurance, body composition, flexibility) and skill related fitness (e.g., speed, agility, balance, reaction time, power, coordination).

WE.8.51

Apply knowledge of progression and overload (e.g., gradual increase in F.I.T.T.) in the development of a personal fitness program.

WE.8.52

Demonstrate appropriate, responsible behaviors in physical activity settings including proper rules, etiquette and safety (e.g., sportsmanship, fair play, use of safety equipment-goggles, helmets).

WE.8.53

Discuss situations that may lead to conflict and practice mediation skills (e.g., compromise, “I” messages).

WE.8.54

Discuss the effects of peer pressure on physical activity participation and performance.

Health Education – High School All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Health literacy for all students is the fundamental goal of a comprehensive school health education curriculum. The health literate student is a critical thinker and problem solver, a self-directed learner, an effective communicator, and a responsible, productive citizen. Students must have the capacity to obtain, interpret, and understand basic health information and services and the competence to use such information and services in ways that enhance a healthy lifestyle. The intent of the health education standards is to provide a consistent target for both educators and students in West Virginia. It is intended to show what students should know and be able to do at certain grade levels. Teachers and policy-makers can use the health standards to design curricula, to allocate instructional resources, and to provide a basis for assessing student achievement and progress. The following chart represents the components of health education that will be developed in high school. These components are based on the skill progressions from grades 6-8.

HEALTH EDUCATION

Acquire basic health concepts and functional health knowledge Develop foundation for promoting health-enhancing behaviors Research and apply health enhancing behaviors Reduce harmful and risk-taking behaviors Accept personal responsibility for health Encourage the practice of healthy behaviors Health Information and Services Identify and access valid health information and health-promoting products and services Reject unreliable sources Apply analysis, comparison, and evaluation of health resources Develop health literacy Understand that health is impacted by a variety of positive and negative influences within society Identify and understand the diverse internal and external factors that influence health practices and behaviors Identify, implement, and sustain health enhancing behaviors Make healthy decisions Collaborate with others to improve quality of life Communicate effectively to enhance personal, family, and community health Use verbal and non-verbal skills to develop and maintain healthy personal relationships Convey information and feelings appropriately to strengthen interpersonal interactions and reduce or avoid conflict Set goals to adopt and maintain healthy behaviors Implement critical steps needed to achieve both short-term and long-term health goals Advocate to promote healthy norms and healthy behaviors Develop important skills to target health enhancing messages Encourage others to adopt healthy behaviors West Virginia Code and Policy Requirements In accordance with W. Va. Code §18-2-9:

The WVDE shall provide a standardized health education assessment to be administered in high school health education class to measure student health knowledge and program effectiveness.

All public schools must include instruction in any of grades six through twelve in the prevention, transmission and spread of HIV/AIDS and other STDs/STIs.

An opportunity shall be afforded to the parent or guardian of a child subject to instruction in the prevention, transmission and spread of AIDS and other STDs/STIs to examine the course curriculum requirements and materials to be used in such instruction. The parent or guardian may exempt such child from participation in such instruction by giving notice to that effect in writing to the school principal.

In the subject of health education in any of the grades six through twelve as considered appropriate by the county board shall include at least sixty minutes of instruction for each student on the dangers of opioid use, the addictive characteristics of opioids, and safer alternatives to treat pain.

County Boards of Education are required to provide at least thirty minutes of instruction on the proper administration of cardiopulmonary resuscitation (CPR) and the psychomotor skills necessary to perform CPR to all students prior to high school graduation.

In accordance with W.Va. Code §18-2-40(a):

Children in grades 5-12 shall receive information regarding self-harm and eating disorder signs, prevention and treatment. This education shall occur at least once per academic school year.

Children in grades 5-12 shall receive body age-appropriate safety information at least once per academic school year, with a preference for four times per academic year.

In accordance with W.Va. Code §18-34-1:

The Fentanyl Prevention and Awareness Education Act or “Laken’s Law” would help prevent overdose deaths in teens and in young adults due to fentanyl and fentanyl components. This shall be accomplished through education of students in grades 6-12 in all public schools and be mandated annually using the following methods:

Students will be taught about fentanyl, heroin, and opioids awareness, prevention, and abuse;

Students will be instructed in the life-saving use of FDA-approved opioid reversal agents;

Students will be instructed on the prevention of the abuse of and addiction to fentanyl;

Students will be instructed on available state and community resources and organizations that work to prevent and reduce youth substance use; and Students will receive health education covering the issues of substance abuse and youth substance abuse in particular.

HE.1

Analyze the relationships among the dimensions of total wellness.

HE.2

Analyze how environmental factors impact health outcomes and affect growth and development. (e.g. pollution, food production, public health issues, culture, community.)

HE.3

Analyze and interpret ways public health and social policies, along with government regulations, influence health promotion and disease prevention (e.g., local, state, federal, and world health organizations).

HE.4

Differentiate between the causes of communicable and non-communicable diseases and identify/apply skills to prevent them (e.g. STDs/STIs, HIV/AIDS, bacteria/viral infections, universal precaution).

HE.5

Analyze the impact of genetics and family history on personal health (e.g. genetic disease/disorders, body composition, mental/emotional health).

HE.6

Explore risk factors that impact total wellness. (e.g. sedentary lifestyle, sexual activity, substance use, dieting).

HE.7

Analyze how personal health behaviors/choices affect the function of body systems in preventing illness, disease, and premature death (e.g. lifestyle choices, chronic disease).

HE.8

Evaluate how media of all forms can impact personal, family, community, and national health (e.g. validation of sources, technology’s impact on modern communication).

HE.9

Debate the potential influences of technology on personal, family, and community health (e.g. smartphone technology, apps, fitness trackers).

HE.10

Identify factors in the community that influence health (e.g. such as schools, resources, socioeconomic factors, geography, values, culture).

HE.11

Analyze the impact peer influences have on healthy and unhealthy behaviors.

HE.12

Analyze how friends, family, media, society, and culture influence the expression of identity, relationships, and personal traits.

Health Information and Services HE.13 Analyze and interpret health information/data to promote healthy decision making and manage misinformation and disinformation. (e.g. quackery, food labels, websites, media, social media platforms).

HE.14

Use information systems to locate and utilize health care services that provide optimal health care.

HE.15

Identify available state and community resources and organizations that work to prevent and reduce youth substance use.

HE.16

Describe healthy ways to express emotions, needs, and desires in different situations. (e.g. sportsmanship, relationships, death, dying and grief).

HE.17

Demonstrate a variety of effective communication skills in a variety of situations. (e.g. verbal, non-verbal, listening, writing, technology).

HE.18

Identify potentially harmful situations, devise strategies, and develop skills to avoid such situations through refusal, negotiation, and collaboration skills (e.g., violence and abuse situations, peer mediation, conflict resolution, support groups, “I” statements).

HE.19

Apply and practice a decision-making process for various life situations (e.g., DECIDE process, SMART goals, goods and services purchases, relationships).

HE.20

Identify and discuss health concerns that require collaborative decision-making (e.g. sex, STDs/STIs, contraception).

HE.21

Analyze the effects of potentially harmful decisions that impact health and the effect these decisions have on family, community, and self (e.g., alcohol, drugs, nicotine containing substances, STDs/STIs, teen pregnancy/parenting).

HE.22

Evaluate mechanisms and decision-making processes to formulate alternatives to health-related issues or problems (e.g., refusal skills, defense/coping mechanisms).

HE.23

Evaluate the effectiveness of health-related decisions (e.g., risk behavior inventories, Youth Risk Behavior Survey).

HE.24

Construct personal boundaries as related to intimacy and sexual behaviors and effective communication skills concerning boundary invasion.

Goal Setting Standards HE.25 Assess personal health practices and overall health status.

HE.26

Develop a plan to attain a personal health goal that addresses strengths, needs, and risks (e.g., SMART Goals, F.I.T.T.).

HE.27

Implement strategies and monitor progress in achieving a personal health goal.

HE.28

Design a personal health plan.

HE.29

Recognize and demonstrate the positive effects of nutrition and physical activity on health.

HE.30

List examples and explain short- and long-term impacts of health decisions on the individual, family, and community.

HE.31

Identify signs of stress and common stressors and develop effective stress management techniques.

HE.32

Identify causes, warning signs, and prevention strategies for eating disorders, depression, self-harm, and suicide.

HE.33

Identify causes, preventions, and treatments for injuries and list responsible actions to create a safe and healthy environment.

HE.34

Demonstrate basic first aid skills.

HE.35

Complete training on the proper administration of CPR through hands-on practice that is based on an instructional program established by the American Heart Association, Red Cross, or another program that is nationally recognized and uses the most current national evidence-based CPR guidelines that incorporates psychomotor skills development.

HE.36

Explain how to administer the use of life-saving opioid reversal agents (e.g. Naloxone.)

HE.37

Present on the dangers of fentanyl, heroin, and other opioid use/abuse, the addictive characteristics of opioids, and explore safer alternatives to treat pain.

HE.38

Use written, audio/visual, and technological communication methods to express health messages.

HE.39

Demonstrate the ability to adapt health messages to characteristics of a particular audience (e.g. peer education, projects, role play).

HE.40

Promote the use of personal, family, and community resources in health care situations. (e.g. general practitioners, medical facilities, internet).

HE.41

Identify school support staff, community health services, and describe the impact these services have on individual schools and communities (e.g. school nurse, civic organizations, volunteering opportunities).

HE.42

Interpret the relationship between acts of responsible and productive citizenship and the health, safety, and security of a community.

HE.43

Analyze West Virginia’s results of the Youth Risk Behavior Survey (YRBS).

Physical Education – High School All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. High school physical education programs should focus on fitness, offer diverse movement patterns, develop motor skills, and emphasize lifetime activities. Students need to be exposed to a wide variety of activities, both competitive and non-competitive, that bring them enjoyment and challenge, thus enabling them to maintain an active lifestyle for a lifetime. The following chart represents the components of physical education. These components are based on the skill progressions from grades 6-8.

PHYSICAL EDUCATION

Development of Movement Forms/Motor Skills, Problem-Solving and Strategies.

Develop the movement forms and motor skills essential to participation in physical activities Establish a foundation to facilitate continued motor skill acquisition Develop competitive strategies, critical thinking, and problem-solving skills in a physical activity setting.

Develop an awareness of the intrinsic values and benefits of participation in physical activity that provides personal meaning Develop an appreciation for opportunities of self-expression and social interaction provided by physical activity Develop self-confidence Promote positive self-image Accept responsibility for personal fitness Lead an active, healthy life Develop higher levels of basic fitness and physical competence Develop a foundation to support healthy habits in the areas of: cardiorespiratory endurance, muscular strength and endurance, flexibility, and body composition.

Achieve self-initiated behaviors, short-term goals and long-term goals that promote personal and group success in activity settings Apply safe practices Adhere to rules, procedures, and etiquette foster cooperation and teamwork Demonstrate ethical behavior in sport Encourage positive social interaction Respect individual similarities and differences through positive interaction among participants in physical activity West Virginia Code and Policy Requirements In accordance with W. Va. Code §18-2-7a, the FitnessGram® shall be administered to all students.

In accordance with Policy 2510 at least 50 percent of class time for physical education will be spent in moderate to vigorous-intensity physical activity.

FitnessGram® - High School The FitnessGram® test battery assesses health-related fitness components: aerobic capacity, muscular strength and endurance, flexibility and body composition. FitnessGram® tests all students regardless of age, gender, or ability. Students are encouraged to be self-aware of health-related fitness and take responsibility by setting personal fitness goals. When students focus on the process of doing their personal best, a more positive lifelong impact is achieved. The FitnessGram® is composed of the following six fitness areas, with test options provided for most areas:

Aerobic Capacity PACER (Progressive Aerobic Cardiovascular Endurance Run)

One-Mile Run Upper Body Strength and Endurance* Push-Up Modified Pull-Up Abdominal Strength and Endurance Curl-Up Flexibility Trunk Lift Back-Saver Sit and Reach Shoulder Stretch Body Composition Body Mass Index Bioelectric Impedance Analyzer Development of Movement Forms/Motor Skills, Problem-Solving and Strategies.

PE.1

Identify, practice and apply general skills and activity-specific skills to enhance motor proficiency.

PE.2

Participate in a variety of competitive/non-competitive individual, dual, and team sports/activities.

PE.3

Demonstrate offensive and defensive strategies while participating in individual, dual, and team sports/activities.

PE.4

Perform a variety of dance and rhythmic activities.

PE.5

Solve problems in individual and group physical activity settings.

PE.6

Identify physical activities that increase fitness levels in addition to physical education class.

PE.7

Explain how physical activity participation patterns are likely to change throughout one’s life span.

PE.8

Identify a variety of regional outdoor adventure activities.

PE.9

Identify and describe local, state, national and/or international fitness and recreational resources and organizations.

PE.10

Assess the social, economic, cultural and environmental factors that impact physical activity.

PE.11

Select and participate in various forms of physical activity that exhibit personal interests.

PE.12

Demonstrate proper form when performing the following muscular strength and endurance exercises (e.g., curl-up, sit-up, plank, push-up).

PE.13

Demonstrate proper form when developing flexibility (e.g., trunk lift, sit and reach, shoulder stretch).

PE.14

Demonstrate proper pacing technique when running for various periods of time or distance (e.g., sprint, jog, mile-run).

PE.15

Use fitness assessment results to identify personal strengths and weaknesses and plan for personal improvement.

PE.16

Practice principles of training in the design and implementation of a personal fitness program (e.g. F.I.T.T. principle, progressive overload, muscle recovery).

PE.17

Compare and contrast the fitness values of various physical activities.

PE.18

Examine potential risks of physical activity and determine how to minimize those risks.

PE.19

Utilize responsible and considerate personal behaviors in physical activity settings.

PE.20

Practice proper procedures and demonstrate etiquette and fair play in physical activity settings.

PE.21

Explain the influence of peers on physical activity participation and performance.

PE.22

Encourages and provides support to others through interactions in physical activity settings.

Series 044G West Virginia College- and Career-Readiness Standards for World Languages (Policy 2520.7)

W. Va. Code R. § 126-44G-1 General

1.1. Scope. -- W. Va. 126CSR42, West Virginia Board of Education (WVBE) Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. This policy defines the content standards for World Languages as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §18-2-5

1.3. Filing Date. -- October 12, 2017.

1.4. Effective Date. -- July 1, 2018.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR44G, WVBE Policy 2520.7, 21st Century Foreign Language Content Standards and Objectives for West Virginia Schools, (Policy 2520.7) filed June 15, 2007, and effective July 1, 2008; and, repeals W. Va. 126CSR44S, WVBE Policy 2520.18, 21st Century American Sign Language Content Standards and Objectives for West Virginia Schools, (Policy 2520.18) filed on March 16, 2007, and effective July 1, 2008.

W. Va. Code R. § 126-44G-2 Purpose

2.1. This policy defines the content standards for the World Languages programs of study required by Policy 2510.

W. Va. Code R. § 126-44G-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards for World Languages is attached and incorporated by reference into this policy. Copies may be obtained from the Office of the Secretary of State and in the West Virginia Department of Education (WVDE). §126-44G.4. Summary of the Content Standards.

4.1. The WVBE has the responsibility of establishing high quality education standards for all education programs (W. Va. Code §18-2-5). The content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. The document includes content standards that reflect a rigorous and challenging curriculum for World Languages.

W. Va. Code R. § 126-44G-5 Severability

5.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Introduction The West Virginia College- and Career-Readiness Content Standards for World Languages set forth the expectations for world language study for all West Virginia students in secondary schools. The study of world language at the elementary school level is encouraged, but separate content standards have not been developed.

Since language learning is an innate human capability, any child who is able to function in the native language is a candidate for learning a world language and making language learning a life-long skill. These standards are designed to address the needs of all students engaged in the study of a second language, regardless of the language they study, the grade level at which they begin, or their postsecondary plans.

The term “world languages” reflects the realization that the world’s peoples, their cultures, and languages are in a constant state of movement and interaction. The study of world languages focuses on providing and preparing students with opportunities to communicate and think in global terms, not only within the classroom setting but also in their postsecondary lives. The world languages standards establish goals for optimal learning experiences in world languages for all West Virginia students.

World languages standards reflect the shift toward a proficiency-based approach to learning languages that articulates growth through life-long language learning. The standards seek to facilitate more functional, communicative, and intercultural goals, rather than those of language structure and cultural facts. The broad standards are designed to be used regardless of age, class level, or content studied, and can be contextualized to correspond to the appropriate developmental level of the learner and to provide clear understanding of what learners need to know and be able to do to move through proficiency levels.

The interaction between the use of language skills and cultural knowledge is defined through intercultural competency. Language and culture are a crucial aspect of the language-learning experience. Learners must be provided the opportunity to engage with both language and culture as an inseparable component and not as detached entities.

Explanation of Terms Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

Numbering of Standards The numbering of each standard is composed of three parts, each part separated by a period: the content area code (e.g., WL for World Languages); the grade level or high school content area, and the standard.

Illustration: WL.I.1 refers to World Language, Level 1, standard 1. WLC.I.12 refers to World Languages Classic, Level 1, standard 12.

Abbreviations:

EX – Exploration FLEX – Foreign Language Exploration Program WL – World Languages – Modern Languages WLC – World Languages – Classic Languages WLL – World Languages – Logographic Languages I – Level I II – Level II III – Level III IV – Level IV V – Level V VI – Level VI The following communication and intercultural skill sets need to be addressed and practiced on a consistent basis in each and every world language class.

Language The following five communication skill sets in world languages lead to proficiency in the language.

Interpersonal Communication refers to communication between a minimum of two individuals and involves an exchange of information. Interpersonal communication may be oral or written, and participants utilize the language to negotiate meaning.

Presentational Speaking is one-way verbal communication. Learners use the target language to present information, concepts and ideas in order to inform, explain, persuade, and narrate. More advanced learners are able to adapt the language to various audiences.

Presentational Writing is one-way written communication. Learners use the target language to present information, concepts, and ideas in order to inform, explain, persuade, and narrate. More advanced learners are able to adapt the language to various audiences.

Interpretive Listening is analyzing and interpreting another person’s spoken words. Learners use these words to determine the main idea and context of a spoken passage.

Interpretive Reading is analyzing and interpreting written text. Learners use these words to determine the main idea and context of a written passage.

Interculturality Language and culture are naturally intertwined. Language influences culture and culture influences language. As such, it is impossible for students to effectively and appropriately communicate with native-speakers, regardless of their language proficiency level, without understanding cultural norms.

As culture is an on-going learning process and understanding of perspectives does not always occur as rapidly as specific language skills, the interculturality standards are the same for the emerging levels of language learning. The advanced levels share more rigorous standards. For this reason, there will be repetitiveness in the interculturality standards across learning levels.

Investigation of Products and Practices involves the study of common products that are produced by and representative of the target culture(s). In addition, it encompasses common traditions and behaviors that are typical of the target culture(s).

Understanding of Cultural Perspectives is the insight into the values, norms, and thoughts that are representative of the target culture(s). These perspectives are typically shaped by the society in which the individual lives.

Participate in Cultural Interaction is the process in which the learner is able to conduct himself appropriately in interactions with those from the target culture. The learner will recognize cultural differences and will avoid behaviors that are unacceptable by and to individuals from the target culture.

College- and Career-Readiness Indicators for World Languages World languages standards on the following pages define what students should know, understand, and be able to do by the end of each proficiency level. The College- and Career-Readiness Indicators and level-specific standards are necessary complements – the former providing broad standards, the latter providing additional specificity – that together define the skills and understandings that all students must demonstrate.

Integration of Literacy in World Languages Literacy strategies and skills are applied as students acquire information and communicate their learning and understanding in the target language. Integration of literacy in all content areas is critical for student success. It is essential that literacy strategy and skill instruction be purposefully and appropriately planned and embedded within world language learning. This occurs naturally through the Interpretive Reading and Presentational Writing skills.

World Language Exploration Program (FLEX)

An introduction to world language learning is the primary focus of the World Language Exploration Program (FLEX). World Language Exploration Program (FLEX) provides an awareness of world cultures, an opportunity to communicate in another language on a limited basis, and a motivation for subsequent language study. The study of world languages enhances 21st century career opportunities. Exploratory world language study is intended to be the beginning of a long-term sequence and an integral part of grades 6-8 programming. Exploratory students are exposed to basic conversational vocabulary. They repeat and imitate the sounds of the target language and engage in memorized, short conversations. They learn about foods, holidays, customs, and family traditions of the target culture(s).

Use of the five modes of communication and the integrated culture expected in world language teaching will provide beginning second language students with a preparatory base for continued study in articulated world language courses where knowledge and skills acquired in the World Language Exploration Program (FLEX) are maintained and expanded.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learnings skills, and technology tools. Students in World Language Exploration Program (FLEX) classes will advance through basic language skills and will focus on the culture of the language studied. The following chart represents the components of world language that should be developed in World Language Exploration Program (FLEX) courses.

World Language Exploration Program (FLEX) Indicators Communicate on familiar topics using a variety of words and phrases that have been practiced and memorized.

Present information about self and other very familiar topics using words or memorized phrases.

Copy familiar words, characters, or phrases.

Recognize memorized words and phrases when they are spoken Recognize letters or characters. Identify a few memorized words and phrases when read.

Study typical products and common traditions that are representative of the target culture.

Participation in Cultural Interactions Identify basic cultural beliefs and practices of the target culture.

WORLD LANGUAGE EXPLORATION PROGRAM (FLEX) STANDARDS

World Language Exploration Program (FLEX) standards serve as a model for six or nine week programs at the middle school level and elementary levels. World Language Exploration Program (FLEX) students attain a level of proficiency appropriate to their maturity level and to the length of the program.

WL.EX.1

Greet peers.

Say hello and goodbye.

WL.EX.2

Introduce self to another individual.

Give name.

Give age.

Give location.

WL.EX.3

Answer a few simple questions.

Respond to yes/no questions.

Respond to who, what, when, and where questions.

WL.EX.4

Recite previously learned words and phrases.

Count from 1-30.

Say the date and day of the week.

List the months.

WL.EX.5

State the names of familiar people, places, and objects in pictures using words or memorized phrases.

WL.EX.6

Introduce self to a group.

State name, age, and location.

Give phone number, home address, and e-mail address.

WL.EX.7

Recite short memorized phrases, parts of poems and rhymes.

Sing a short song.

Recite a nursery rhyme.

Recite a simple poem.

WL.EX.8

Copy letters and words from the wall or board, in a book, or on the computer.

Copy the letters of the alphabet.

Copy a simple phrase like “Happy Birthday,” “Happy Holidays,” etc.

WL.EX.9

Write previously learned words and phrases.

Write name, home address, and e-mail address.

Write numbers such as a phone number.

Write the date and the day of the week.

Write the months.

WL.EX.10

List familiar people, places, and objects in pictures and posters.

Label famous landmarks and people.

Write the names of countries on a map.

Label items in a room.

WL.EX.11

Identify the sound of a letter or a word.

Recognize the sounds of letters when they are spoken or spelled out.

WL.EX.12

Understand isolated words that have been memorized, particularly when accompanied by gesture or pictures.

Recognize color words.

Understand numbers.

Understand food items.

WL.EX.13

Recognize letters or characters.

Alphabetize names or words.

Match a character in a headline to a supporting visual.

WL.EX.14

Connect words, phrases, or characters to their meanings.

Recognize major cities on a map.

Identify menu items.

WL.EX.15

Recognize similarities and differences between the designs of houses, buildings, or towns.

WL.EX.16

Identify common eating habits across cultures.

Identify habits of dress across cultures.

WL.EX.17

Identify beliefs and values related to age, gender, social class, and ethnicity.

Explain how people address each other differently based on age and social standing.

Participation in Cultural Interactions WL.EX.18 LEVEL I WORLD LANGUAGE INDICATORS - MODERN LANGUAGES All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level I are able to function with simple and basic language. They rely on individual words but have a variety of vocabulary on familiar topics available for use. When using phrases, they tend to rely on those that have been practiced and memorized.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level I classroom should begin the course with letter and/or word recognition, writing/understanding isolated words. By the end of the course, they should be able to effectively use words and practiced and/or memorized phrases. The Presentational Speaking skills tend to develop more slowly and students may remain at the word or simple phrase level for speaking skills.

The indicators below provide a broad definition of what students who complete Level I are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate on familiar topics using a variety of words and phrases that have been practiced and memorized.

Present information about self and other familiar topics using words or memorized phrases.

Write lists and memorized phrases on familiar topics.

Recognize familiar words and phrases when spoken.

Recognize letters. Understand learned or memorized words and phrases when read.

Study typical products and common traditions that are representative of the target culture.

Participation in Cultural Interactions Identify basic cultural beliefs and practices of the target culture.

Function at a basic survival level in an authentic cultural context.

LEVEL I WORLD LANGUAGE STANDARDS – MODERN LANGUAGES

Level I standards outline language skills and provide bulleted examples of activities that learners should be able to perform consistently by the conclusion of the Level I course.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills are not isolated to a particular lesson, but should be incorporated throughout the course of study.

WL.I.1

Say hello and goodbye to a peer.

Say hello and goodbye to a teacher, supervisor, or stranger.

WL.I.2

Introduce self and others.

Introduce self and provide basic personal information (name, age, address, phone number, e-mail address).

WL.I.3

Answer a variety of simple questions.

Respond to yes/no questions Respond to who, what, when, and where questions.

Answer questions about past or present actions.

Answer questions about past or present travel or location.

Answer questions about topics or information being learned.

WL.I.4

Make simple statements in a conversation.

State what action is being performed.

State location.

Identify individual being visited or seen.

Express a reaction, such as “Great!”

WL.I.5

Ask simple questions.

Ask who, what, when, and where questions.

Ask questions about information being learned.

WL.I.6

Communicate basic information about self and familiar people.

State name and ask someone’s name.

State or write something about family members and ask about someone’s family.

State or write something about friends, classmates, or co-workers.

WL.I.7

Communicate basic information about everyday life.

Give times, dates, and weather information.

Talk about foods eaten, topics learned, and actions taken.

Talk about familiar places.

Ask and understand how much something costs.

Tell someone the time and location of an event.

WL.I.8

Recite previously learned words and phrases.

Count from 1-100.

Say the date and day of the week.

List the months and seasons.

WL.I.9

State the names of familiar people, places, and objects of the target culture in pictures using words or memorized phrases.

WL.I.10

Introduce self to a group.

State name, age, and home town, region, or state.

Give phone number, home address, and e-mail address.

WL.I.11

Recite short memorized phrases and parts of poems and rhymes.

Sing a short song.

Recite a nursery rhyme.

Recite a simple poem.

WL.I.12

Fill out a simple form with basic personal information.

Fill out a form with name, address, phone number, birth date, and nationality.

Complete a simple online form.

Fill out a simple schedule.

WL.I.13

Write about self using learned phrases and memorized expressions.

Write name, home address, and e-mail address.

Write numbers such as a phone number.

Write the date and the day of the week.

Write the months and the seasons.

WL.I.14

List daily activities and write lists that help in day-to-day life.

Label activities and times in a daily schedule.

Write about typical weekend activities.

Write a to-do list.

Write a shopping list.

WL.I.15

Write notes about something learned using lists, phrases, and memorized expressions.

List the main cities of countries in the target culture.

Write the phrases and memorized expressions connected with holiday wishes and celebrations of the target culture.

Create a list of topics or categories using previously learned vocabulary.

Summarize a phone message or a classroom activity.

WL.I.16

Recognize a few courtesy phrases.

Understand when people express thanks.

Understand when people introduce themselves.

Understand when someone asks for a name.

WL.I.17

Recognize basic information in memorized words and phrases.

Recognize the days of the week and the time.

Recognize a date.

Recognize common weather expressions.

WL.I.18

Recognize and understand words and phrases learned for specific purposes.

Recognize the names of the planets in a science class.

Recognize the names of parts of the body in a health or fitness class.

WL.I.19

Recognize words, phrases, and characters with the help of visuals.

Recognize entrance and exit signs.

Identify family member words on a family tree.

Identify healthy nutritional categories.

Identify the simple labels on a science-related graph.

WL.I.20

Recognize words, phrases, and characters when associated with things already known.

Check off words or phrases on a to-do list, grocery list, or scavenger hunt list.

Identify labeled aisles in a supermarket.

Choose a restaurant from an online list of local eateries.

Identify scores from sports teams based on recognition of team names and logos.

Identify artists, titles, and music genres.

Identify the names of classes and instructors in a school schedule.

WL.I.21

Identify geographical features of other countries.

Recognize similarities and differences between the designs of houses, buildings, or towns.

Identify specific locations to have a meal, purchase a ticket, or buy something needed.

Recognize similarities and differences between a student’s daily schedule and that of a peer in the target culture.

WL.I.22

Identify common eating habits in other cultures.

Identify habits of dress in the target culture(s).

Express the time and date in the format of the target culture.

Use the appropriate holiday greetings.

WL.I.23

Identify beliefs and values related to age, gender, social class, and ethnicity.

Tell the way people address each other differently based on age and social standing.

Recognize that appropriate dress is determined by cultural traditions.

Recognize that gender and age can determine one’s role in a family, school, and the workplace.

WL.I.24

Identify characteristics of national identity.

Identify elements of geography that define a nation.

Identify symbols that represent a nation.

Identify the importance of historical events through the celebration of national holidays and the monuments.

Identify major religions of a nation.

WL.I.25

Identify ways in which cultures are globalized.

Identify similar leisure activities across cultures.

Identify familiar forms of dress across cultures.

Identify common dining establishments across cultures.

Identify examples of common technology use across cultures.

WL.I.26

Identify what is culturally appropriate to say when gift-giving in different situations, such as a birthday party, New Year’s, a wedding, etc.

Recognize and imitate culturally appropriate behavior in a restaurant or other public place.

WL.I.27

Use memorized language and very basic cultural knowledge to interact with others.

Ask and answer questions or make simple comments in a familiar cultural context such as a family event or a social event with peers.

Understand and mention a general cultural reference, such as a song or movie title, author, or composer, in a conversation.

Play a simple board or card game with friends.

WL.I.28

Use memorized language and very basic cultural knowledge to accomplish simple, routine tasks.

Use a city map, GPS, or signs to navigate.

Recognize and imitate how people count and use money to make a purchase.

Follow a team’s win-loss record from a website.

LEVEL II WORLD LANGUAGE INDICATORS – MODERN LANGUAGES

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level II are able to function with simple and basic language. They rely on individual words and phrases but have a variety of vocabulary on familiar topics available for use. When using phrases, they tend to rely on those that have been practiced and/or memorized.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level II classroom should begin the course by effectively using practiced and/or memorized words and phrases. By the end of the Level II course, students should be able to use a variety of words and phrases that have been learned across all modes of communication.

The indicators below provide a broad definition of what students who complete Level II are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate and exchange information about familiar topics using phrases and simple sentences, sometimes supported by memorized language. Handle short social interactions in everyday situations by asking and answering simple questions.

Present information about self and other familiar topics using a variety of words, phrases and memorized expressions.

Write short messages and notes on familiar topics related to everyday life.

Understand words, phrases and simple sentence. Recognize pieces of information and understand the main topic of what is being said.

Understand familiar words, phrases and sentences within short and simple texts. Understand the main idea of what is read.

Study typical products and common traditions that are representative of the target culture.

Participation in Cultural Interactions Identify basic cultural beliefs and practices of the target culture.

Function at a basic survival level in an authentic cultural context.

LEVEL II WORLD LANGUAGE STANDARDS – MODERN LANGUAGES

Level II standards outline language skills and provide bulleted examples of what learners should be able to perform consistently by the conclusion of the Level II course.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and examples are not isolated to a particular lesson, but should be incorporated throughout the course of study.

WL.II.1

Say hello and goodbye to a peer.

Say hello and goodbye to a teacher, supervisor, or stranger.

Say hello and goodbye to an adult.

Say hello and goodbye to a stranger.

WL.II.2

Introduce self and others.

Introduce self and provide basic personal information (name, age, address, phone number, e-mail address).

WL.II.3

Answer a variety of simple questions.

Answer questions about what is being done or has been done.

Answer a variety of who, what, when, and where questions.

Answer questions about location (past, present and future).

Answer questions about information learned.

WL.II.4

Make some simple statements in a conversation.

State actions of self and others.

Tell location of self and others.

Express basic information about others.

Express a reaction, such as “Great!”

WL.II.5

Ask some simple questions.

Ask who, what, when, where and why questions.

Ask questions about information learned.

WL.II.6

Communicate basic information about self and others.

Say own name and ask someone’s name.

Talk or write about family members and ask about someone’s family.

Talk or write about friends, classmates or co-workers.

WL.II.7

Communicate some basic information about everyday life.

Give times, dates, and weather information.

Talk about food eaten, topics learned, and actions taken.

Talk about familiar places.

Ask and understand how much something costs.

Tell someone the time and location of an event.

WL.II.8

Present information about self and others using words and phrases.

Describe physical characteristics of self and others.

Tell personality traits of self and others.

WL.II.9

Express likes and dislikes using words, phrases, and memorized expressions.

State sports preferences List free-time activity preferences.

State food and drink preferences.

WL.II.10

Present information about familiar items in the immediate environment.

Talk about a house.

Talk about school or a workplace.

Talk about a room or office and what is in it.

Present basic information about community, town/city, state, or country.

WL.II.11

Talk about daily activities using words, phrases, and memorized expressions.

List classes and tell what time they start and end.

Name activities and times they occur in a daily schedule.

Talk about weekend activities.

WL.II.12

Present simple information about something learned using words, phrases, and memorized expressions.

Talk about holiday celebrations based on pictures or photos.

Name the main cities on a map.

Talk about past, present, and future weekend activities.

WL.II.13

Write information about daily life in a letter, blog, discussion board, or e-mail message.

Introduce self.

Describe family and friends.

Describe school.

Describe a workplace and job duties.

WL.II.14

Write short notes using phrases and simple sentences.

Write a postcard message.

Write a special occasion message such as a birthday or congratulatory note.

Write a short announcement, invitation, or thank-you note.

WL.II.15

Write about a familiar experience or event using practiced material.

Write about activities in class or at work.

Write about what happens after school or during the weekend.

Write about a website, a field trip, or an activity.

WL.II.16

Write basic information about previously learned material.

Write a simple process like a science experiment.

Write about a topic from a lesson using pictures or photos.

Write about something learned online, in a class, at work, or in the community.

WL.II.17

Ask for information in writing.

Request resources like brochures or posted information.

Request an appointment with a classmate, teacher, or colleague.

Request an application for a job, membership in a club, or admission to a school or program.

WL.II.18

Understand simple questions or statements on familiar topics.

Recognize the difference between a question and a statement.

Understand simple questions about age, location, leisure activities, etc.

Understand simple questions or statements about family.

Understand simple questions or statements about friends, classmates, or workmates.

WL.II.19

Understand simple information when presented with pictures and graphs.

Understand some facts about the weather when weather symbols are used.

Understand when someone describes physical characteristics from a photo or a work of art.

Follow along with simple arithmetic problems when the figures can be seen.

WL.II.20

Understand the main topic of simple conversations overheard.

Understand about whom someone is speaking.

Distinguish if people are talking about their homes or asking for directions.

Understand a simple transaction between a customer and a sales clerk.

WL.II.21

Understand short, simple messages on familiar topics.

Understand basic familiar information from an advertisement.

Identify the purpose of a brochure.

Identify information from a movie brochure or poster.

Understand simple information in a text message from a friend.

WL.II.22

Understand short, simple descriptions with the help of pictures or graphs.

Understand simple captions under photos.

Understand basic information from a real estate advertisement.

Understand website descriptions of clothing items to make an appropriate purchase.

Identify the categories on a graph.

WL.II.23

Understand the main idea of published materials.

Distinguish a birthday wish from a note expressing thanks.

Identify destinations and major attractions on a travel brochure.

Locate places on city maps.

WL.II.24

Understand simple everyday notices in public places on topics that are familiar.

Understand a simple public transportation schedule.

Locate notices on where to park.

Understand notices that tell of street or metro closings.

Understand a store’s hours of operation.

Read the labels on a recycling bin.

WL.II.25

Identify geographical features of other countries.

Recognize similarities and differences between the designs of houses, buildings, or towns.

Identify specific locations to have a meal, purchase a ticket, or buy something needed.

Compare and contrast a student’s daily schedule and that of a peer in the target culture WL.lI.26 Identify common eating habits.

Identify habits of dress in the target culture(s).

Express the time and date in the format of the target culture.

Use the appropriate holiday greetings.

WL.II.27

Identify beliefs and values related to age, gender, social class, and ethnicity.

Tell the way people address each other differently based on age and social standing.

Recognize that appropriate dress is determined by cultural traditions.

Recognize that gender and age can determine one’s role in a family, school, and the workplace.

WL.II.28

Identify characteristics of national identity.

Identify elements of geography that define a nation.

Identify symbols that represent a nation.

Identify the importance of historical events through the celebration of national holidays and the monuments.

Identify major religions of a nation.

WL.II.29

Identify ways in which cultures are globalized.

Identify similar leisure activities across cultures.

Identify familiar forms of dress across cultures.

Identify common dining establishments across cultures.

Identify examples of common technology use across cultures.

WL.II.30

Identify what is culturally appropriate to say when gift-giving in different situations, such as a birthday party, New Year’s, a wedding, etc.

Recognize and imitate culturally appropriate behavior in a restaurant or other public place.

WL.II.31

Use memorized language and basic cultural knowledge to interact with others.

Ask and answer questions or make simple comments in a familiar cultural context such as a family event or a social event with peers.

Understand and mention a general cultural reference, such as a song or movie title, author, or composer, in a conversation.

Play a simple board or card game with friends.

WL.II.32

Use memorized language and very basic cultural knowledge to accomplish simple, routine tasks.

Use a city map, GPS, or signs to navigate.

Recognize and imitate how people count and use money to make a purchase.

Follow a team’s win-loss record from a website.

LEVEL III WORLD LANGUAGE INDICATORS – MODERN LANGUAGES

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level III are able to function with longer language discourse. They rely on simple phrases and sentences related to everyday life.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level III classroom should begin the course by effectively using words and practiced /memorized phrases. By the end of the Level III course, students should be able to use a variety of phrases and sentences on everyday topics.

The indicators below provide a broad definition of what students who complete Level III are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate and exchange information about familiar topics using phrases and simple sentences, supported by memorized language. Handle short social interactions in everyday situations by asking and answering simple questions.

Present basic information on familiar topics using phrases and simple sentences.

Write briefly about familiar topics using a series of simple sentences.

Understand words, phrases, and simple sentences. Recognize pieces of information and understand the main topic of what is being said.

Understand familiar words, phrases, and sentences within short and simple texts. Understand the main idea of what has been read.

Identify common patterns in the products and practices of a culture.

Compare familiar cultural beliefs and values.

Interact at a functional level in familiar cultural contexts.

LEVEL III WORLD LANGUAGE STANDARDS- MODERN LANGUAGES

Level III standards outline language skills and provide bulleted examples of what learners should be able to perform consistently by the conclusion of the Level III course.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and examples are not isolated to a particular lesson, but should be incorporated throughout the course of study.

WL.III.1

Have simple conversations on a number of everyday topics.

Talk with someone about family or household tasks.

Talk with someone about hobbies and interests.

Talk with someone about school or work.

WL.III.2

Ask and answer questions on factual information that is familiar.

Ask and answer questions related to subjects such as geography, history, art, music, math, science, language, or literature.

WL.III.3

Use the language to meet basic needs in familiar situations.

Ask for help at school, work, or in the community.

Make a reservation.

Arrange for transportation by train, bus, taxi, or with friends.

WL.III.4

Present information about life using phrases and simple sentences.

Describe family and friends.

Describe school.

Describe a workplace and work activities.

WL.III.5

Tell about a familiar experience or event using phrases and simple sentences.

Talk about activities in class or at work.

Talk about weekend activities.

Talk about what happens after school or work.

WL.III.6

Present information about others using phrases and simple sentences.

Talk about others’ likes and dislikes.

Talk about others’ free-time activities.

Give basic biographical information about others.

WL.III.7

Give basic instructions on how to make or do something using phrases and simple sentences.

Tell how to prepare something simple to eat.

Describe a simple routine, like getting lunch in the cafeteria.

Give simple directions to a nearby location or to an online resource.

WL.III.8

Present basic information about things that have been learned using phrases and simple sentences.

Describe a simple process like a science experiment.

Present a topic from a lesson based on pictures or photos.

Present information about something learned in a class or at work.

Present information about something learned in the community.

WL.III.9

Write about people, activities, events, and experiences.

Describe the physical appearance and personality of a friend or family member.

Write about a school, workplace, famous place, or place.

Write about a holiday, vacation, or typical celebration.

Write about something that has been learned.

Write about future plans.

WL.III.10

Prepare materials for a presentation.

Write a draft of a presentation.

Write an outline of a project or presentation.

Write notes for a speech.

WL.III.11

Write about topics of interest.

Write about a movie or a television show.

Write about a famous athlete, celebrity, or historical figure.

Write a brief explanation of a proverb or nursery rhyme.

Write a simple poem.

WL.III.12

Write basic instructions on how to make or do something.

Write the rules of a game.

Write about how to prepare something simple to eat.

Write about a simple routine, like getting lunch in the cafeteria.

Write simple directions to a nearby location or to an online resource.

WL.III.13

Write questions to obtain information.

Post a question for discussion or reflection.

Develop a simple questionnaire or survey.

WL.III.14

Understand the basic purpose of a message.

Determine if a message is an announcement or an advertisement.

Understand what a radio advertisement is selling.

Understand when and where an event will take place.

Understand a voice message accepting or rejecting an invitation.

WL.III.15

Understand messages related to basic needs.

Understand a clear and repeated announcement about a flight’s departure time and/or gate.

Understand teacher announcements about when an assignment is due.

Understand the date and time of when a voice message was recorded.

WL.III.16

Understand questions and simple statements on everyday topics when they are part of the conversation.

Understand questions about work or class schedule.

Understand questions about likes and dislikes.

Understand simple compliments about clothing or behavior.

WL.III.17

Understand messages in which the writer tells or asks about topics of personal interest.

Understand what an e-pal writes about interests and daily routines.

Understand a simple posting on a friend’s social media page.

Understand a text from a friend about plans.

Understand if a friend accepts or rejects an invitation.

WL.III.18

Identify simple information needed on forms.

Understand what is asked for on a customs form.

Understand what is asked for on a hotel registration form.

Understand what is asked for on an ID card.

WL.III.19

Identify information from news media.

Understand personal information about sports stars from photo captions.

Understand information on job postings.

Understand basic information on weather forecasts.

WL.III.20

Explore and reference current and past examples of authentic cultural products and practices.

Understand the main idea and characters of short stories, folk tales, or graphic novels.

Recognize and reference famous artists and their works.

Understand the main idea of a movie clip or documentary.

Talk about a historical figure.

Have a simple conversation about a festival.

Summarize the contributions of a culture in a blog or a multimedia presentation.

WL.III.21

Compare and contrast common products across cultures.

Describe similarities and differences in artwork.

Have a simple conversation about educational systems.

Provide basic information about countries’ governments.

Identify similarities among folk tales.

WL.III.22

Compare and contrast behaviors or practices across cultures.

Compare and contrast eating habits.

Compare and contrast how people buy and sell.

Compare and contrast how families interact.

Compare and contrast how people celebrate.

Compare and contrast how peers socialize.

WL.III.23

Describe basic cultural viewpoints.

Talk about the individual role of family members and the importance of their birth order.

Give examples that show the importance of academics vs. sports.

Describe the importance of time vs. money.

Make simple comparisons about the roles of men and women within the culture.

Describe the importance of religion.

Describe how other cultures view major historical events differently.

WL.III.24

Make generalizations about a culture.

Identify cultural stereotypes or exaggerated views of a culture.

Compare religious beliefs.

Classify the political beliefs of a nation in simple terms.

Determine which television shows and films are popular in a given culture.

WL.III.25

Handle short interactions with peers and colleagues in familiar situations at school, work, or play.

Accept and refuse invitations in a culturally accepted way.

Offer and receive gifts in a culturally accepted way.

Request assistance in a culturally accepted way.

Respond in a culturally accepted way when someone sneezes, toasts, pays a compliment, etc.

Use appropriate cultural conventions such as body language, turn-taking, interrupting, agreeing, etc., when talking with others.

WL.III.26

Recognize and refer to elements of traditional and pop culture.

Refer to a historical event.

Describe the outcome in a recent election.

Talk about a popular song.

Mention the significance of a work of art in conversation.

Describe the difference between traditional attire and a fashion trend.

WL.III.27

Recognize when a cultural misunderstanding has occurred and try to correct it.

Sense when behavior or speech has offended someone and apologize appropriately.

Recognize when one has acted or spoken too informally and try to correct it.

Recognize when an attempt at humor is misguided.

LEVEL IV WORLD LANGUAGE INDICATORS – MODERN LANGUAGES

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level IV are able to function with longer language discourse. They are able to use a series of sentences and are able to transfer language learned into new language patterns.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level IV classroom should begin the course by effectively using complete sentences based on everyday topics. By the end of the Level IV course, students should be able to use a series of simple, connected sentences based on familiar topics.

The indicators below provide a broad definition of what students who complete Level IV are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Participate in conversations on familiar topics using sentences and a series of sentences. Handle short social interactions in everyday situations by asking and answering a variety of questions.

Present information on most familiar topics using a series of simple sentences.

Write on a wide variety of familiar topics using a series of connected sentences.

Understand the main idea in messages and presentations on a variety of topics related to everyday life and personal interests and studies. Understand the main idea in conversations that are overheard.

Understand the main idea of texts.

Explain diversity among the products and practices in the native culture and other cultures.

Analyze and explain cultural perspectives of individuals and institutions within a society.

Interact at a competent level in familiar and unfamiliar cultural contexts.

LEVEL IV WORLD LANGUAGE STANDARDS – MODERN LANGUAGES

Level IV standards outline language skills and provide bulleted examples of what learners should be able to perform consistently by the conclusion of the Level IV course.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and examples are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WL.IV.1

Start, maintain, and end a conversation on a variety of familiar topics.

Be the first to start a conversation.

Ask for information, details, and explanations during a conversation.

Bring a conversation to a close.

Interview someone for a project or a publication.

WL.IV.2

Talk about daily activities and personal preferences.

Talk about daily routines.

Talk about interests and hobbies.

Give reasons for preferences.

Give some information about past activities.

Give some information about future activities.

Talk about favorite music, movies, and sports.

WL.IV.3

Use language to handle tasks related to personal needs.

Request services, such as repair for a phone, computer, or car.

Schedule an appointment.

Inquire about membership in an organization or club.

WL.IV.4

Exchange information about subjects of special interest.

Talk about artists from other countries.

Talk about historical events.

Talk about a math, technology, or science project.

WL.IV.5

Talk about people, activities, events, and experiences.

Describe the physical appearance of a friend or family member.

Describe another person’s personality.

Describe a school or workplace.

Describe a famous place.

Describe a place that was visited or will be visited.

Present ideas about something learned.

WL.IV.6

Express needs and wants.

Describe items needed for school or work.

Talk about daily activities at school or work.

WL.IV.7

Present information on plans, instructions, and directions.

Explain the rules of a game.

Give multi-step instructions for preparing a recipe.

Describe plans for the weekend.

Describe plans for the summer.

Describe holiday or vacation plans.

Describe what is needed for a holiday or celebration.

Describe future plans.

WL.IV.8

Present songs, short skits, or dramatic readings.

Retell a children’s story.

Present a proverb, poem, or nursery rhyme.

Participate in a performance of a skit or a scene from a play.

WL.IV.9

Express preferences on topics of interest.

Give a presentation about a movie or television show.

Give a presentation about a famous athlete, celebrity, or historical figure.

Express thoughts about a current event that has been learned or researched.

WL.IV.10

Write messages and announcements.

Write a message to explain or clarify something.

Write about common events and daily routines.

Write an autobiographical statement for a contest, study abroad, or other special program or job application.

Write an invitation for an event.

WL.IV.11

Write short reports about something learned or researched.

Write a short article on a current event.

Write about an academic subject, such as science, math, art, etc.

Write the minutes or a debrief from a club or other meeting.

WL.IV.12

Compose communications for public distribution.

Create a flyer for an upcoming event at school or at work.

Write a review of a movie, book, play, exhibit, etc.

Post an entry to a blog or a discussion board.

Compose a simple letter, response, or article for a publication.

Contribute to a school or work publication.

WL.IV.13

Understand basic information in advertisements, announcements, and other simple recordings.

Understand when, where, and who is playing in a concert from a radio advertisement.

Understand the main message of an e-card greeting.

Understand what service is being offered in a television advertisement.

Identify the type of film from a movie preview.

WL.IV.14

Understand the main idea when listening for personal enjoyment.

Understand basic questions or statements during a video conference.

Understand a short video clip.

Understand peers’ recorded descriptions about themselves or their avatars.

WL.IV.15

Understand messages related to everyday life.

Understand a voice message about the time and location of a meeting.

Understand a box-office recording about the times of the performances or events.

Understand that an event is being postponed or cancelled.

WL.IV.16

Understand simple personal questions.

Understand the questions asked on a career preference survey.

Understand what is asked for on a simple, popular magazine questionnaire.

Understand the personal questions to complete a profile on a social media site.

WL.IV.17

Understand basic information in advertisements, announcements, and other simple texts.

Understand the information in birth and wedding announcements.

Understand the information in sales advertisements.

Understand basic information on travel brochures.

Understand basic information on food labels.

WL.IV.18

Understand the main idea when reading for personal enjoyment.

Understand updates in entertainment magazines.

Understand postings in blogs on familiar topics.

Understand postcards from friends.

WL.IV.19

Read simple written exchanges between other people.

Understand the main idea of personal messages exchanged online.

Understand the main idea of a biographical interview with a celebrity.

WL.IV.20

Explain factors that contribute to why products and practices vary across cultures.

Explain how cultural factors influence art.

Explain how popular songs reflect the culture in which they were created.

Explain how creators of advertisements use elements of culture to market their products.

Describe the use of cultural elements in filmmaking.

WL.IV.21

Analyze how people’s practices and behaviors reflect their cultures.

Explain why people worship on a certain day(s) of the week.

Explain why practices of disciplining children differ among cultures.

Explain some dietary preferences between cultures.

Explain some voting practices between cultures.

Explain why some cultures prefer certain sports.

Tell the difference between a fashion choice that is personal vs. one that is a cultural norm.

WL.IV.22

Explore topics of personal and professional interest.

Look up some facts about family genealogy in other countries.

Research study or internship opportunities abroad.

Gather information about topics of personal interest such as hobbies, music, and entertainment from those in other cultures.

Research career options and job opportunities in other countries.

Research driving regulations in other countries.

WL.IV.23

Explain how peoples’ actions reflect their cultural beliefs.

Explain why people place importance on long vacations in some cultures.

Explain why families in some cultures spend more time at meals than others.

Explain why people hold certain professions in higher regard than others.

Explain why people arrange marriages.

WL.IV.24

Explain how social, political, religious, and economic institutions reflect cultural beliefs.

Explain why universal health care is provided in some cultures.

Explain why a country has a democracy instead of a monarchy.

Explain why certain symbols are found on/in places of worship.

Explain how and why business cards are presented.

WL.IV.25

Confidently interact and converse with peers and colleagues at school, work, or play.

Collaborate on a project with peers from another culture.

Interact appropriately when a guest in the home of a friend from another culture (e.g.,bring a proper gift, converse on non-taboo topics, use proper etiquette).

Engage in social conversations at a sporting event with peers.

Differentiate between appropriate and inappropriate topics and participate in conversations about these topics.

WL.IV.26

Interact with people in some situations outside of the normal routine.

Participate in a professional meeting in a somewhat unfamiliar situation, such as a job interview.

Participate in a community service learning project such as volunteering at a health fair for immigrants.

Interview someone for a research project or news article.

Carry on a conversation with someone during a job shadowing experience.

WL.IV.27

Navigate some formal and official procedures.

Follow the steps to make an online purchase from a foreign website.

Help fill out forms for visas, travel and work permits, and registrations.

Explain a point of view in a minor legal procedure such as a traffic violation.

WL.IV.28

Understand when a cultural misunderstanding has occurred and understand how to correct it.

Recognize when something is culturally inappropriate from the use of language, the tone of voice, or the body language.

Understand why a gift given was seen as inappropriate and decide what to give the next time.

Understand why a comment was offensive and decide what to say next time.

Understand why particular clothing was considered inappropriate and decide what to wear next time.

Understand why the food served was not appreciated and decide what to serve next time.

Write an apology to repair a relationship.

LEVEL V WORLD LANGUAGE INDICATORS – MODERN LANGUAGES

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level V are able to function with longer language discourse. They are able to communicate in paragraph form and are able to transfer language learned into new language patterns.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level V classroom should begin the course by effectively using a series of simple, connected sentences based on familiar topics. By the end of the Level V course, students should be able to use a series of connected sentences based on familiar topics in various time frames and with complications.

The indicators below provide a broad definition of what students who complete Level V are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate indicators in a proficiency-based classroom.

Participate with ease and confidence in conversations on familiar topics. Talk about events and experiences in various time frames. Describe people, places, and things. Handle social interactions in everyday situations, even when there is an unexpected complication.

Make presentations on a wide variety of familiar topics using connected sentences.

Write on topics related to school, work, and community in a generally organized way. Write simple paragraphs about events and experiences in various time frames.

Easily understand the main idea in messages and presentations on a variety of topics related to everyday life and personal interests and studies. Understand details of what is overheard in conversations, even when something unexpected is expressed. Follow what is heard about events and experiences in various time frames.

Easily understand the main idea of texts. Follow stories and descriptions about events and experiences in various time frames.

Explain diversity among the products and practices in the native and other cultures.

Analyze and explain cultural perspectives of individuals and institutions within a society.

Interact at a competent level in familiar and unfamiliar cultural contexts.

LEVEL V WORLD LANGUAGE STANDARDS- MODERN LANGUAGES

Level V standards outline language skills and provide bulleted examples of what learners should be able to perform consistently by the conclusion of the Level V course.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and examples are not isolated to a particular lesson, but should be incorporated throughout the course of study.

WL.V.1

Exchange information related to areas of mutual interest.

Ask for and provide information about specific events.

Ask for and provide information about a hobby or lifestyle, such as bicycling, vegetarianism, video games, or sports.

Ask for and provide descriptions of familiar places and interesting sites.

Talk about family history.

Talk about jobs and career plans.

WL.V.2

Use language to do a task that requires multiple steps.

Give the basic rules of a game or sport and answer questions about them.

Ask for, follow, and give instructions for preparing food.

Ask for and follow directions to get from one place to another.

Tell someone how to access information online.

Explain basic rules, policies, or laws that affect us and answer questions about them.

WL.V.3

Use language to handle a situation that may have a complication.

Arrange for a make-up exam or reschedule an appointment.

Return an item purchased in a store.

Plan an outing with a group of friends.

WL.V.4

Make a timed, detailed presentation about personal and social experiences.

Describe a childhood or past experience.

Report on a social event.

Make a presentation on something new that was learned.

Make a presentation about plans for the future.

WL.V.5

Make a timed, detailed presentation on something learned or researched.

Give a presentation on a current event.

Present about a topic from an academic subject, such as science, math, art, etc.

Describe how to plan and carry out an event, such as a party or family reunion.

Give a presentation on a famous person, landmark, or cultural event.

WL.V.6

Make a timed, detailed presentation about common interests and issues and state a viewpoint.

Give a presentation about a favorite movie or song and explain why it is the favorite.

Give a presentation about a famous person or historical figure and tell why he/she is important.

Share reactions about a current event and explain why the event is in the news.

WL.V.7

Write about school and academic topics.

Write a summary about something learned.

Write a series of steps needed to complete a task, such as an experiment.

Prepare notes for someone who was absent from class or school.

Write the content for a multi-media presentation, a handout, a synopsis, etc.

WL.V.8

Write about work and career topics.

Write a summary about an assignment or task.

Document the series of steps needed to complete a task or project.

Prepare notes for someone who is new or has been absent from a project, team, or work meeting.

Draft a work plan.

Write the content for a multi-media presentation, a handout, a synopsis, etc.

WL.V.9

Write about community topics or events.

Write a summary about a topic researched.

Write the content for a multi-media presentation, a handout, a synopsis, etc.

Write the steps needed to complete a task, such as a community event or a fundraiser.

Summarize what has been happening in the community for someone who is new or has been away.

WL.V.10

Write about an entertainment or social event.

Summarize a conversation or interview.

Describe an event that was witnessed.

Write a brief summary of the plot of a movie or an episode of a television show.

WL.V.11

Understand straightforward information or interactions.

Understand the descriptions of avatars in a new video game.

Understand an interview between a student reporter and foreign visitors about activities they have done and are planning to do while in town.

Understand a tour guide’s description of a city’s history and attractions.

WL.V.12

Understand a few details in advertisements, announcements, and other simple recordings.

Understand details about a nutritional recommendation in a public service health announcement.

Understand the services offered in an advertisement about a car repair service.

Understand details from public service announcements such as severe weather warnings or safety alerts.

WL.V.13

Understand situations with complicating factors.

Understand a voice message from an exchange student telling why she will be late.

Understand a change in meeting time and place.

Understand a voice message from the airlines about changes to a flight schedule.

WL.V.14

Understand accounts of personal events or experiences.

Understand information about an upcoming excursion, such as a class trip or company event.

Understand a friend’s postcard describing a family vacation.

Understand a description of a Peace Corp volunteer’s daily life.

WL.V.15

Follow short, written instructions when supported by visuals.

Follow instructions to use an ATM.

Follow instructions to make an online purchase.

Follow simple directions to do an experiment in a science class.

Understand basic instructions for playing a video game.

WL.V.16

Understand the main idea and supporting facts about famous people and historic events.

Understand a summary of a historical figure’s accomplishments.

Understand the main idea and a few supporting facts about a scientific discovery from a summarized description.

WL.V.17

Explain factors that influence variations in products and practices across cultures.

Explain how cultural factors influence art.

Explain how popular songs reflect the culture in which they were created.

Explain how creators of advertisements use elements of culture to market their products.

Describe the use of cultural elements in film-making.

WL.V.18

Analyze how people’s practices and behaviors reflect their cultures.

Explain why people worship on a certain day(s) of the week.

Explain why practices of disciplining children differ among cultures.

Explain some dietary preferences between cultures.

Explain some voting practices between cultures.

Explain why some cultures prefer certain sports.

Tell the difference between a fashion choice that is personal vs. one that is a cultural norm.

WL.V.22

Explore topics of personal and professional interest.

Look up some facts about family genealogy in other countries.

Research study or internship opportunities abroad.

Gather information about topics of personal interest such as hobbies, music, and entertainment from those in other cultures.

Research career options and job opportunities in other countries.

Research driving regulations in other countries.

WL.V.23

Explain how people’s actions reflect their cultural beliefs.

Explain why people place importance on long vacations in some cultures.

Explain why families in some cultures spend more time at meals than others.

Explain why people hold certain professions in higher regard than others.

Explain why people arrange marriages in a culture.

WL.V.24

Explain how social, political, religious, and economic institutions reflect cultural beliefs.

Explain why universal health care is provided in some cultures.

Explain why a country has a democracy instead of a monarchy.

Explain why certain symbols are found on/in places of worship.

Explain how and why business cards are presented.

WL.V.25

Confidently interact and converse with peers and colleagues at school, work, or play.

Collaborate on a project with peers from another culture.

Interact appropriately when a guest in the home of a friend from another culture (bring a proper gift, converse on non-taboo topics, use proper etiquette, etc.)

Engage in social conversations at a sporting event with peers.

Differentiate between appropriate and inappropriate topics and participate in conversations about these topics.

WL.V.26

Interact with people in some situations outside of the normal routine.

Participate in a professional meeting in a somewhat unfamiliar situation, such as a job interview.

Participate in a community service learning project such as volunteering at a health fair for immigrants.

Interview someone for a research project or news article.

Carry on a conversation with someone during a job shadowing experience.

WL.V.27

Navigate some formal and official procedures.

Follow the steps to make an online purchase from a foreign website.

Help fill out forms for visas, travel and work permits, and registrations.

Explain a point of view in a minor legal procedure such as a traffic violation.

WL.V.28

Understand that a cultural misunderstanding has occurred and understand how to correct it.

Recognize when something is culturally inappropriate from the use of language, the tone of voice, or the body language.

Understand why a gift given was seen as inappropriate and decide what to give the next time.

Understand why a comment was offensive and decide what to say next time.

Understand why particular clothing was considered inappropriate and decide what to wear next time.

Understand why the food served was not appreciated and decide what to serve next time.

Write an apology to repair a relationship.

LEVEL VI WORLD LANGUAGE INDICATORS – MODERN LANGUAGES

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level VI are able to function in the language with ease and confidence. They are able to communicate using extended discourse across time frames and are able to handle situations with an unexpected complication.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level VI classroom should begin the course by effectively using a series of connected sentences based on familiar topics in various time frames and with complications. By the end of the Level VI course, students should be able to use the language in extended communications with ease and confidence. They are able to manipulate the language through various time frames and use a series of connected sentences based on familiar and unfamiliar topics in various time frames.

The indicators below provide a broad definition of what students who complete Level VI are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Participate in conversations about familiar topics that go beyond everyday life. Talk in an organized way and with detail about events and experiences in various time frames. Describe people, places, and things in an organized way and with detail. Handle a familiar situation with an unexpected complication.

Make presentations in a generally organized way on school, work, and community topics as well as independently researched topics. Make presentations on some events and experiences in various time frames.

Write on general interest, academic, and professional topics. Write organized paragraphs about events and experiences in various time frames.

Easily understand the main idea and supporting details in organized speech on a variety of topics of personal and general interest. Follow stories and descriptions of some length and in various time frames. Understand information presented in a variety of genres on familiar topics, even when something unexpected is expressed.

Understand the main idea and supporting details on a variety of topics of personal and general interest. Follow stories and descriptions of some length and in various time frames and genres.

Explain diversity among the products and practices across cultures.

Analyze and explain cultural perspectives of individuals and institutions within a society.

Interact at a competent level in familiar and unfamiliar cultural contexts.

LEVEL VI WORLD LANGUAGE STANDARDS – MODERN LANGUAGES

Level VI standards outline language skills and provide bulleted examples of what learners should be able to perform consistently by the conclusion of the Level VI course.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and examples are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WL.VI.1

Participate in conversations on a wide variety of topics that go beyond everyday life.

Explain absentee and sick leave policies and answer questions about them.

Explain current issues, such as leash laws, school dress codes, or speed limits.

Discuss what is currently happening in another community or country.

WL.VI.2

Compare and contrast life in different locations and in different time periods.

Explain how life has changed and respond to questions on the topic.

Compare different jobs and study programs in a conversation with a peer.

Explain how technology has changed lives while discussing this topic with another.

WL.VI.3

Resolve an unexpected complication that arises in a familiar situation.

Rearrange an itinerary, such as flights, pick-up times, and appointments when there are travel delays.

Tell a friend how to replace an item that is borrowed and broken or lost.

Explain tardiness to or absenteeism from work and arrange to make up the lost time.

WL.VI.4

Conduct or participate in interviews.

Interview for a job or service opportunity related to a field of expertise.

Interview someone about his/her professional interests and activities.

WL.VI.5

Present information on academic and work topics.

Present ideas about something learned such as a historical event, a famous person, or a current environmental issue.

Explain a series of steps needed to complete a task or experiment.

Explain to someone who was absent what took place in class or on the job.

Present qualifications and goals for an academic program, training, or job.

WL.VI.6

Make a presentation on events, activities, and topics of particular interest.

Present about something learned from the media.

Make a presentation about an interesting person.

Summarize a personal, historical, or cultural event.

Give a presentation about interests, hobbies, lifestyle, or preferred activities.

Make a presentation about the history or current status of a school, organization, or company.

Make a presentation about future plans.

WL.VI.7

Present a point of view and provide reasons to support it.

Make a presentation about rules or policies such as cell phone use, dress code, or requirements for driving, and explain a viewpoint.

Share and justify an opinion about common issues such as allowances for children, curfews for teenagers, budget-related topics, etc.

Explain a point of view about current event topics such as recycling, nutrition and exercise, the food supply, conserving energy resources, extreme weather events, etc.

WL.VI.8

Meet basic school and academic writing needs.

Revise class or meeting notes taken for distribution.

Draft and revise an essay or composition as part of a school assignment.

Write an abstract for a science fair project, research study, or conference.

Write summaries or annotations for a research project.

WL.VI.9

Meet basic work and career writing needs.

Write an informational memo about a project or event.

Write summaries or a multi-step work plan for a new project.

Write brief job descriptions or performance reports.

Revise meeting notes for distribution Draft and revise a resume or cover letter.

WL.VI.10

Meet basic social and civic writing needs.

Manage and edit an online journal, blog, or discussion forum.

Write an article about an event or project of a club or group.

Write a letter of advice or letter to the editor on a social, civic, or political issue.

Prepare reports and online communications for a social club, community, or political group.

WL.VI.11

Understand descriptions and stories of events that have happened or will happen.

Understand short presentations about famous people in history.

Understand a voice message outlining the details of a plan for an upcoming outing.

Follow a video conferencing session in which the speakers recount their experience on a recent trip.

WL.VI.12

Understand the main idea of popular genres.

Follow televised promotions for upcoming programs.

Follow a comparison of two popular vacation locations.

Follow simple oral stories, recorded books, summaries, or short excerpts from speeches.

Understand a few details from public service announcements such as severe weather warnings or safety alerts.

WL.VI.13

Find and use information for practical purposes.

Read about an upcoming event to help decide whether or not to attend.

Read a blogger’s account of a trip in order to plan a trip.

Read a message about a friend’s car accident.

Read a description about a candidate to make a voting decision.

Understand absentee and sick leave policies.

WL.VI.14

Read texts that compare and contrast information.

Read restaurant descriptions to guide choice.

Read movie summaries to choose what to watch.

Read a catalogue of course descriptions to choose classes.

Understand the main idea and some details from a list of government job descriptions.

Read an article about how technology has changed in the past 20 years.

WL.VI.15

Follow simple written instructions.

Follow directions for assembling a model.

Follow driving directions.

Follow the steps of a recipe.

WL.VI.16

Explain factors that contribute to why products and practices vary across cultures.

Explain how cultural factors influence art.

Explain how popular songs reflect the culture in which they were created.

Explain how creators of advertisements use elements of culture to market their products.

Describe the use of cultural elements in film-making.

WL.VI.17

Analyze how people’s practices and behaviors reflect their cultures.

Explain why people worship on a certain day(s) of the week.

Explain why practices of disciplining children differ among cultures.

Explain some dietary preferences between cultures.

Explain some voting practices between cultures.

Explain why some cultures prefer certain sports.

Tell the difference between a fashion choice that is personal versus one that is a cultural norm.

WL.VI.18

Explore topics of personal and professional interest.

Look up some facts about family genealogy in other countries.

Research study or internship opportunities abroad.

Gather information about topics of personal interest such as hobbies, music, and entertainment from those in other cultures.

Research career options and job opportunities in other countries.

Research driving regulations in other countries.

WL.VI.19

Explain how people’s actions reflect their cultural beliefs.

Explain why people place importance on long vacations in some cultures.

Explain why families in some cultures spend more time at meals than others.

Explain why people hold certain professions in higher regard than others.

Explain why people arrange marriages in a culture.

WL.VI.20

Explain how social, political, religious, and economic institutions reflect cultural beliefs.

Explain why universal health care is provided in some cultures.

Explain why a country has a democracy instead of a monarchy.

Explain why certain symbols are found on/in places of worship.

Explain how and why business cards are presented.

WL.VI.21

Confidently interact and converse with peers and colleagues at school, work, or play.

Collaborate on a project with peers from another culture.

Interact appropriately when a guest in the home of a friend from another culture (bring a proper gift, converse on non-taboo topics, use proper etiquette, etc.)

Engage in social conversations at a sporting event with peers.

Differentiate between appropriate and inappropriate topics and participate in conversations about most of them.

WL.VI.22

Interact with people in some situations outside of my normal routine.

Participate in a professional meeting in a somewhat unfamiliar situation, such as a job interview.

Participate in a community service learning project such as volunteering at a health fair for immigrants.

Interview someone for a research project or news article.

Carry on a conversation with someone during a job shadowing experience.

WL.VI.23

Navigate some formal and official procedures.

Follow the steps to make an online purchase from a foreign website.

Help fill out forms for visas, travel and work permits, and registrations.

Explain a point of view in a minor legal procedure such as a traffic violation.

WL.VI.24

Understand that a cultural misunderstanding has occurred and understand how to correct it.

Recognize when something is culturally inappropriate from the use of language, the tone of voice, or the body language.

Understand why a gift given was seen as inappropriate and decide what to give the next time.

Understand why a comment was offensive and decide what to say next time.

Understand why particular clothing was considered inappropriate and decide what to wear next time.

Understand why the food served was not appreciated and decide what to serve next time.

Write an apology to repair a relationship.

WORLD LANGUAGES – CLASSIC LANGUAGES (LATIN AND GREEK)

LEVEL I WORLD LANGUAGE INDICATORS – CLASSIC LANGUAGES (LATIN AND GREEK)

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level I are able to function with simple and basic language. They rely on individual words but have a variety of vocabulary on familiar topics available for use. When using phrases, they tend to rely on those that have been practiced and memorized.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level I classroom should begin the course with letter and/or word recognition, but by the end of the course, they will be able to effectively use words and practiced and memorized phrases. In the study of Classic languages, there is less focus on interpersonal communication than in modern languages.

The indicators below provide a broad definition of what students who complete Level I are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate on familiar topics using single words and phrases that have been practiced and memorized.

Provide information about self and other familiar topics using single words or memorized phrases.

Write lists and memorized phrases on familiar topics.

Recognize a few memorized words and phrases when heard.

Understand familiar words, phrases and sentences within short and simple adapted-authentic texts related to everyday life. Understand the main idea of what is read.

Identify the significance of common products and practices of other cultures.

Identify common cultural beliefs and values.

Identify the significance of elements of Roman or Greek culture that influenced other cultures.

LEVEL I WORLD LANGUAGE STANDARDS – CLASSIC LANGUAGES (GREEK AND LATIN)

Level I standards outline language skills and provide bulleted examples of what learners should be able to perform consistently by the conclusion of the Level I course.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and examples are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WLC.I.1

Greet peers.

Say hello and goodbye.

Ask how someone is doing.

Say how someone is feeling.

WLC.I.2

Introduce self to someone.

Give one’s name.

Give one’s age.

WLC.I.3

Answer simple questions.

Respond to yes/no questions Respond to who, what, when, where questions.

WLC.I.4

Recite previously learned words and phrases.

Count from 1 – 100.

List months and seasons.

WLC.I.5

State the names of familiar people, places, and objects in pictures and posters using words or memorized phrases.

List everyday Roman or Greek items.

WLC.I.6

Introduce self or others to a group.

State name and age.

Describe self with simple adjectives.

WLC.I.7

Recite short memorized phrases and parts of literary works.

Sing a short song.

Recite a short passage from a literary work.

WLC.I.8

Write about aspects of Roman or Greek family life using learned phrases and memorized expressions.

List a Greek or Roman family’s members, their ages, their relationship to each other, and what they do.

List Roman or Greek likes and dislikes such as favorite sports or free-time activities.

Write simple statements about where Romans or Greeks lived.

WLC.I.9

List daily activities and write lists that help to understand the day-to-day life of Romans and Greeks.

Label Roman or Greek activities and their times in a daily schedule.

Write about what Romans or Greeks did during their free time.

Write a to-do list for a Roman or Greek activity.

Write a shopping list.

WLC.I.10

Write simple information about previously learned material using words, phrases, and memorized expressions.

Label the main Roman or Greek cities on a map.

Write about holiday celebrations.

Write phrases and memorized expressions connected with Roman or Greek holiday wishes and celebrations.

Create a list of topics or categories using previously learned vocabulary.

Write about animals, colors, historical figures, or sports based on pictures or photos.

WLC.I.11

Understand isolated words that have been memorized, particularly when accompanied by gestures or pictures.

Recognize the names of colors.

Identify a few simple numbers.

Identify a few food items.

WLC.I.12

Connect previously learned words or phrases to their meanings.

Identify the main Roman or Greek cities on a map.

Identify Roman or Greek names.

WLC.I.13

Understand short simple messages on familiar topics.

Understand basic information from a text about a Roman or Greek family.

Identify the purpose of a Roman or Greek text.

Identify the topic of a written dialogue between individuals.

WLC.I.14

Understand short, simple descriptions with the help of pictures or graphs.

Understand simple mottoes on buildings.

Understand basic war plans such as those of Caesar.

WLC.I.15

Understand the main idea of authentic Roman or Greek text.

Distinguish proclamations from edicts and orations.

Identify destinations and major locations as described in authentic texts.

Locate places on maps.

WLC.I.16

Understand simple Latin or Greek texts by recognizing grammatical structures.

Recognize that word endings indicate word functions and help understanding of the text.

WLC.I.17

Identify and discuss basic Roman or Greek products designed for communication.

Identify and discuss the messages on Roman or Greek coins.

Identify and discuss written documents such as inscriptions and letters.

Identify and discuss the role of Roman roads in the imperial post system.

WLC.I.18

Identify and discuss basic Roman or Greek decorative arts.

Identify and discuss what Roman or Greek pottery tells us about daily life.

Identify and discuss various purposes of paintings, mosaics, and sculpture.

WLC.I.19

Identify basic elements of Roman or Greek infrastructure.

Identify the uses of aqueducts, baths, and sewers in Roman daily life.

Identify the elements of dwellings in Roman and/or Greek life.

Identify the functions of amphitheaters, theatres, and circuses in Roman daily life.

Identify the role of the marketplace in Roman and Greek daily life.

WLC.I.20

Identify and discuss basic Roman or Greek political and economic practices.

Identify and discuss Roman or Greek political and legal processes such as the Twelve Tables of Roman law.

Identify and discuss the basic practices of the Roman Senate and the various magistracies.

Identify and discuss the major trade routes used by the Romans or Greeks.

Identify and discuss the evolving structure of the Roman or Greek military.

WLC.I.21

Identify and discuss basic Roman or Greek religious practices.

Identify and discuss the roles and attributes of key Roman or Greek deities.

Identify and discuss key Roman or Greek rites and priesthoods.

Identify and discuss major religious festivals.

Discuss Roman or Greek funeral customs.

WLC.I.22

Identify and discuss basic aspects of Roman or Greek social life.

Identify and discuss leisure activities, such as games or theatre.

Identify and discuss Roman or Greek family structure and relationships.

Identify and discuss Roman or Greek treatment of different social classes such as slaves, women, and children.

WLC.I.23

Identify and discuss Roman or Greek codes of behavior.

Identify and discuss key Roman or Greek virtues such as dignitas, pietas, gravitas, ἀρετή, φρόνησις, etc.

Name Roman or Greek people who exemplified dignitas, pietas, gravitas, ἀρετή, φρόνησις, etc. as well as those who did not.

Discuss the importance of codes of honor in Roman or Greek military life.

WLC.I.24

Identify and discuss Roman or Greek attitudes toward various members of society.

Identify and discuss how the paterfamilias affected all aspects of family life.

Identify and discuss Roman or Greek attitudes toward slavery.

Identify and discuss Roman or Greek attitudes towards women.

WLC.I.25

Identify and discuss Roman or Greek attitudes toward politics and law.

Identify and discuss how and why the Romans developed their political system.

Identify and discuss what factors led the Romans to produce the laws of the Twelve Tables.

Identify and discuss Roman and Greek views about different kinds of government.

WLC.I.26

Identify and discuss Roman or Greek religious beliefs.

Identify and discuss how the Romans or Greeks developed their basic religious myths and legends.

Identify and discuss how the Romans viewed religions of other peoples.

Identify and discuss why the Romans developed funeral games and what this says about the culture as a whole.

WLC.I.27

Identify and discuss Roman or Greek attitudes toward art and literature.

Identify and discuss the Romans’ attitudes toward Greek literary and artistic genres.

Identify and discuss why the Romans or Greeks developed their literary genres such as letters, epic and love poems, historical writings, etc.

Identify and discuss how Roman or Greek use of architectural methods and styles reflected the needs of the culture at large.

WLC.I.28

Identify and discuss how Roman or Greek political and legal institutions influenced other cultures.

Identify and discuss how the concept of representation in political systems influenced current institutions such as the U.S. Senate and House of Representatives.

Identify and discuss how Roman or Greek written law influenced European and American law.

WLC.I.29

Identify and discuss how Roman or Greek art and architecture influenced other cultures.

Identify and discuss how Roman and Greek representation of the human body influenced Renaissance artists.

Identify and discuss how elements of Roman or Greek architecture such as columns, capitals, pediments, arches, etc. influence modern buildings.

Identify and discuss how elements of Roman or Greek funeral art such as urns, grave markers, monuments, sarcophagi, etc. influence modern customs.

WLC.I.30

Identify how Latin or Greek languages influenced the languages of other cultures.

Identify English words that are derived from Latin or Greek vocabulary.

Identify the impact of Latin and Greek on the vocabulary of modern languages.

Identify how Latin and Greek are used in modern Christian services and communications.

Identify how Latin and Greek influence scientific and medical nomenclature.

Identify how Latin and Greek influence legal terminology.

WLC.I.31

Identify and discuss how Roman or Greek religions influenced other cultures.

Identify and discuss how Roman or Greek beliefs and religious practices influenced the development of religions throughout history.

Identify and discuss the use of Roman or Greek myths in literature.

Identify and discuss the use of Roman or Greek myths in musical and /or artistic works.

WLC.I.32

Identify and discuss how Roman and Greek social customs influenced other cultures.

Identify and discuss the influence of Roman or Greek games on current sporting events such as the Olympics, horseracing, and bull fights.

Identify and discuss the influence of Roman or Greek attitudes toward slavery on other cultures.

Identify and discuss the influence of Roman and Greek marriage customs on those of today.

LEVEL II WORLD LANGUAGE INDICATORS – CLASSIC LANGUAGES (LATIN AND GREEK)

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level II are able to function with simple and basic language. They rely on words and memorized phrases and expressions but have a variety of vocabulary on familiar topics available for use. When using phrases, they tend to rely on those that are familiar to them.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level II classroom should begin the course by effectively using words and practiced/memorized phrases. By the end of the Level II course, students should be able to use a variety of words and phrases that have been learned across all modes of communication.

The indicators below provide a broad definition of what students who complete Level II are able to do. These indicators are further broken down in the standards. Real-world language skills and examples are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate on familiar topics using a variety of words and phrases that have been practiced and memorized.

Provide information about self and other familiar topics using a variety of words, phrases and memorized expressions. .

Write short messages and notes on familiar topics related to everyday Roman or Greek life.

Recognize familiar words and phrases when heard.

Understand the main idea of short and simple adapted-authentic texts when the topic is familiar.

Identify the significance of products and practices of other cultures.

Identify the significance of cultural beliefs and values.

Identify the significance of elements of Roman or Greek culture that influenced other countries.

LEVEL II WORLD LANGUAGE STANDARDS – CLASSIC LANGUAGES (GREEK AND LATIN)

Level II standards outline language skills and provide bulleted examples of what learners should be able to perform consistently while at this proficiency level.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and examples are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WLC.II.1

Say hello and goodbye to one or more persons.

WLC.II.2

Introduce self and others.

Introduce self and provide basic personal information.

WLC.II.3

Answer a variety of simple questions.

Answer questions about what is being done or has been done.

Answer questions about location (present and past).

Say when something was done.

Say who will be seen.

Answer questions about something learned.

Express a reaction such as “Optime!” or “Mirabile!”

WLC.II.4

Ask simple questions.

Ask who, what, when, and where questions.

Ask questions about something being learned.

WLC.II.5

Present information about self and others using words and phrases.

Tell the physical characteristics of self and others.

Tell the personality traits of self and others.

WLC.II.6

Express likes and dislikes using words, phrases and memorized expressions.

State Roman or Greek sports preferences.

Say which free-time activities are preferred.

Say which Roman or Greek foods and drinks are preferred.

WLC.II.7

Present information about familiar items in the immediate environment.

Talk about a Roman or Greek house and what is in it.

Talk about a Roman or Greek school.

Present basic information about a Roman or Greek town or city.

WLC.II.8

Write about aspects of Roman and Greek family life.

Write about a Roman or Greek family and their friends.

Write about a Roman or Greek school.

Write about where a Roman or Greek person worked and what they did.

WLC.II.9

Write short notes using phrases and simple sentences.

Write a postcard message.

Write a special occasion message such as a birthday or congratulatory note.

Write a short announcement, invitation, or thank-you note.

WLC.II.10

Write basic information about previously learned content.

Label a photo of Roman baths and describe bathing practices and customs.

List buildings in the Roman Forum and the function for each building.

WLC.II.11

Write about previously learned material using phrases and simple sentences.

Give a simple summary of a Latin or Greek passage.

Label pictures of Roman family members with their names such as pater, mater, servus, etc. , and functions such as argentarius, coquuus, etc.

WLC.II.12

Understand simple questions or statements on familiar topics.

Recognize the difference between a question and a statement.

Understand questions about how someone is, where they live, what they do in their free time, etc.

Understand questions or statements about a Roman or Greek family.

Understand questions or statements about characters in context.

WLC.II.13

Understand simple information when presented with pictures and graphs.

Understand facts about the weather when weather symbols are used.

Understand when someone gives physical descriptions from a photo or an art work.

Understand dates.

Understand a short conversation about people’s appearances.

WLC.II.14

Understand the main topic of conversations.

Understand if people are talking about a specific character in a text.

Understand if people are talking about a war strategy or a political maneuver.

Understand a simple conversation between a superior and a subject.

WLC.II.15

Understand simple everyday notices in public places on topics that are familiar.

Understand public edicts.

Understand proclamations.

Understand inscriptions on sepulchers.

WLC.II.16

Understand messages in which the writer tells or asks about topics of personal interest.

Read and give a brief summary of the events of Caesar’s Commentarii De Bello Gallico 3.1.

Read and understand the humor in Martial’s Epigrammata, book 1, poem 19.

Read and give the main idea in the Biblical book of John 1:1-3.

WLC.II.17

Understand how the details in a Latin or Greek text relate to the main idea.

Understand where and for what purpose Caesar sent Galba in Commentarii De Bello Gallico 3.1.

Identify how the behavior of Catullus’ girlfriend may have influenced why he wrote a poem about her.

WLC.II.18

Infer the meaning of unfamiliar Latin or Greek vocabulary based on knowledge of the language.

Infer the meaning of compound verbs such as confero, aufero, offero, transfero, based on knowledge of the root (fero) and the context of the text.

Recognize the relationship between different parts of speech that have the same root, such as amor, amans, and amatus.

WLC.II.19

Identify and discuss basic Roman or Greek products designed for communication.

Identify and discuss the messages on Roman or Greek coins.

Identify and discuss written documents such as inscriptions and letters.

Identify and discuss the role of Roman roads in the imperial post system.

WLC.II.20

Identify and discuss basic Roman or Greek decorative products.

Identify and discuss what Roman or Greek pottery tells about daily life.

Identify and discuss various purposes of painting, mosaics, and sculpture.

WLC.II.21

Discuss basic elements of Roman or Greek infrastructure.

Identify and discuss the uses of aqueducts, baths, and sewers in Roman daily life.

Identify and discuss the elements of dwellings in Roman and/or Greek life.

Identify and discuss the functions of amphitheaters, theatres, and circuses in Roman daily life.

Identify and discuss the role of the marketplace in Roman and/or Greek daily life.

WLC.II.22

Identify and discuss basic Roman or Greek political and economic practices.

Identify and discuss Roman or Greek political and legal processes such as the Twelve Tables of Roman law.

Identify and discuss the basic practices of the Roman Senate and the various magistracies.

Identify and discuss the major trade routes used by the Romans or Greeks.

Identify and discuss the evolving structure of the Roman or Greek military.

WLC.II.23

Identify and discuss basic Roman or Greek religious practices.

Identify and discuss the roles and attributes of key Roman or Greek deities.

Identify and discuss key Roman or Greek rites and priesthoods.

Identify and discuss major religious festivals.

Discuss Roman or Greek funeral customs.

WLC.II.24

Identify and discuss basic aspects of Roman or Greek social life.

Identify and discuss leisure activities, such as games or theatre.

Identify and discuss Roman or Greek family structure and relationships.

Identify and discuss Roman or Greek treatment of different social classes such as slaves, women, and children.

WLC.II.25

Identify and discuss Roman or Greek codes of behavior.

Identify and discuss key Roman or Greek virtues such as dignitas, pietas, gravitas, ἀρετή, φρόνησις, etc.

Name Roman or Greek people who exemplified dignitas, pietas, gravitas, ἀρετή, φρόνησις, etc. as well as those who did not.

Discuss the importance of codes of honor in Roman or Greek military life.

WLC.II.26

Identify and discuss Roman or Greek attitudes toward various members of society.

Identify and discuss how the paterfamilias affected all aspects of family life.

Identify and discuss Roman or Greek attitudes toward slavery.

Identify and discuss Roman or Greek attitudes towards women.

WLC.II.27

Identify and discuss Roman or Greek attitudes toward politics and law.

Identify and discuss how and why the Romans developed their political system.

Identify and discuss what factors led the Romans to produce the laws of the Twelve Tables.

Identify and discuss Roman or Greek views about different kinds of government.

WLC.II.28

Identify and discuss Roman or Greek religious beliefs.

Identify and discuss how the Roman or Greeks developed their basic religious myths and legends.

Identify and discuss how the Romans viewed religions of other peoples.

Identify and discuss why the Romans developed funeral games and what this says about the culture as a whole.

WLC.II.29

Identify and discuss Roman or Greek attitudes toward art and literature.

Identify and discuss the Romans’ attitudes toward Greek literary and artistic genres.

Identify and discuss why the Romans or Greeks developed their literary genres such as letters, epic and love poems, historical writing, etc.

Identify and discuss how Roman or Greek use of architectural methods and styles reflected the needs of the culture at large.

WLC.II.30

Identify and discuss how Roman or Greek political and legal institutions influenced other cultures.

Identify and discuss how the concept of representation in political systems influenced current institutions such as the U.S. Senate and House of Representatives.

Identify and discuss how Roman or Greek written law influenced European and American law.

WLC.II.31

Identify and discuss how Roman or Greek art and architecture influenced other cultures.

Identify and discuss how Roman or Greek representation of the human body influenced Renaissance artists.

Identify and discuss how elements of Roman or reek such as columns, capitals, pediments, arches, etc. influence modern buildings.

Identify and discuss how elements of Roman or Greek funeral art such as urns, grave markers, monuments, sarcophagi, etc. influence modern customs.

WLC.II.32

Identify and discuss how Latin or Greek language influenced the languages of other cultures.

Understand that many English words are derived from Latin or Greek vocabulary.

Understand the impact of Latin or Greek on the vocabulary of modern languages.

Identify and discuss how Latin or Greek are used in modern Christian services and communications.

Identify and discuss how Latin or Greek influence scientific and medical nomenclature.

Identify and discuss how Latin or Greek influence legal terminology.

WLC.II.33

Identify and discuss how Roman or Greek religions influenced other cultures.

Identify and discuss how Roman and Greek beliefs and religious practices influenced the development of Christianity to the modern day.

Identify and discuss how Roman and/or Greek myths appear in literature through the ages.

Identify and discuss how Roman and/or Greek myths appear in musical works and artistic works.

WLC.II.34

Identify and discuss how Roman and Greek social customs influence other cultures.

Identify and discuss the influence of Roman and Greek games on current sporting events such as the Olympics, horseracing, and bull fights.

Identify and discuss the influence of Roman and Greek attitudes toward slavery on practices in other cultures.

Identify and discuss the influence of Roman and Greek marriage customs on those of today.

LEVEL III WORLD LANGUAGE INDICATORS – CLASSIC LANGUAGES (Latin and Greek)

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level III are able to function with sentence-length language. They communicate on familiar topics using simple and practiced words, phrases and sentences.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level III classroom should begin the course by effectively using a variety of words and phrases that have been practiced and memorized. By the end of the Level III course, students should be able to use and understand simple sentences.

The indicators below provide a broad definition of what students who complete Level III are able to do. These indicators are further broken down in the standards. Real-world language skills and sample learning tasks are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate and exchange information about familiar topics using phrases and simple sentences, supported by memorized language. Handle short social interactions in everyday situations by asking and answering simple questions.

Provide basic information on familiar topics using language that has been practiced, with phrases and simple sentences.

Presentation Writing Write briefly about most familiar topics and provide information using a series of simple sentences.

Understand the main idea in short, simple messages and presentations on familiar topics. Understand the main idea of simple conversations that are overheard.

Infer many details in un-adapted Latin or Greek texts that contain unfamiliar vocabulary. Understand the main idea of un-adapted Latin or Greek texts related to everyday life and personal interests or studies. Infer many details in the un-adapted Latin or Greek texts that contain unfamiliar vocabulary.

Explain the significance of products and practices of other cultures.

Explain the significance of cultural beliefs and values.

Identify the significance of elements of Roman and Greek culture that influenced other countries.

LEVEL III WORLD LANGUAGE STANDARDS – CLASSIC LANGUAGES (GREEK AND LATIN)

The Level III Standards outline language skills and provide bulleted examples of what the learner should be able to perform consistently by the conclusion of the Level III course. These skills and tasks are examples of the indicators under each mode of communication described in the above chart.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and tasks are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WLC.III.1

Exchange personal information.

Ask and tell where someone lives.

Ask and say someone’s nationality.

Ask and talk about family members and their characteristics.

Ask and talk about friends, classmates and teachers.

WLC.III.2

Exchange information using texts, graphs or pictures.

Ask about and answer questions about Roman or Greek family members based on a picture.

Ask and answer questions about what someone is doing in a picture.

Answer questions about how someone feels based on a picture.

WLC.III.3

Ask for and give simple directions.

Ask for directions to a place.

Tell someone how to get from one place to another, such as go straight, turn left or turn right.

Tell someone where something is located, such as next to, across from or in the middle of.

WLC.III.4

Exchange information about something learned.

Talk about the main idea of a story read.

Tell someone simple things about the characters in a story.

WLC.III.5

Present information about Roman or Greek life using rehearsed phrases and simple sentences.

Describe a Roman or Greek family and their friends.

Describe a Roman or Greek school.

Describe where a Roman or Greek works and what they do.

WLC.III.6

Express simple facts about Roman daily life.

Talk about members of a Roman family by name such as pater, mater, filius, filia, etc. using a prop.

Describe buildings in the Roman world using visual aids, such as forum, balnea, templum, and amphitheatrum.

WLC.III.7

Present information about a familiar person, place, or thing using phrases and simple sentences.

Construct simple sentences about food, such as servus cibum parat and servus vinum portat.

Describe some members of Roman society and state their occupations, such as coquus est servus quis in culina laborat.

WLC.III.8

Present simple information about learned material.

Create a presentation including vocabulary connected with Roman or Greek daily life based on pictures.

Identify family members, foods, and places based on pictures or photos.

WLC.III.9

Write about people, activities, events and experiences.

Write a description of a Roman or Greek family and their friends.

Describe the physical appearance and personality of a Roman or Greek family member or friend.

Write about a Roman or Greek school, workplace, famous place, or place read about.

Write about a Roman or Greek holiday, vacation, or celebration.

Write about something previously learned.

WLC.III.10

Prepare materials for a presentation.

Write a hypothetical letter from the Roman or Greek viewpoint.

Write a draft of a presentation to present orally.

Write an outline of a project or presentation.

Write notes for a speech.

Write a short amusing poem.

WLC.III.11

Write simply about topics of interest.

Write about an authentic text.

Write about a famous person or historical figure.

Write a brief explanation of a proverb or poem.

Write a simple poem.

WLC.III.12

Write about something previously learned.

Write about cultural information based on pictures or photos.

Write simple sentences about a historical event dealing with Rome or Greece.

WLC.III.13

Understand the basic purpose of a message.

Understand why Roman or Greek characters are talking about specific issues.

Understand complaints expressed through conversations related to Roman or Greek daily life and culture.

Understand when short descriptions of Romans or Greeks are meant to praise or mock.

WLC.III.14

Understand questions and simple statements or instructions on everyday topics.

Follow instructions, such as sta, ambula advertisement ianuam, scribe in tabulam, etc.

Answer simple questions such as Quomodo te habes? Quo ambulas, etc.

WLC.III.15

Understand short, simple stories that are read aloud.

Understand familiar stories that follow a logical order.

Understand a simple story acted out with props and gestures.

WLC.III.17

Understand and articulate the main idea and details when reading un-adapted Latin or Greek speeches and propaganda.

Summarize the main argument of Cicero’s Oratio in L. Catilinam Prima.

Summarize the main points of Augustus’ Res Gestae.

WLC.III.18

Understand and articulate the main idea of poetry.

Explain how Aeneas supports his reasons for leaving Dido in Vergil’s Aeneid 4.331-361.2.

Chart the course of Propertius’ relationship with Cynthia as expressed in his poems.

WLC.III.19

Understand the main idea of personal letters.

Understand the main idea in the letters of Pliny the Younger to the emperor Trajan.

Understand the main idea in the political letters of Cicero to Atticus.

WLC.III.20

Infer the meaning of unfamiliar Latin or Greek vocabulary.

Identify the component parts of compound words and recognize the roots of these words.

Use the context of a Latin or Greek passage to accurately infer the meaning of unfamiliar words.

WLC.III.21

Explain the significance of Roman or Greek products designed for communication.

Analyze the inscriptions on Roman coins and monuments and relate them to historical events.

Evaluate how Rome communicated with its subjects using edicts, sculpture, and inscriptions.

Contrast the purposes of different types of documents produced by Romans or Greeks such as imperial edicts and personal letters.

Analyze the ways in which poetry was used to communicate messages from propaganda to passion.

WLC.III.22

Explain the significance of Roman or Greek decorative products.

Describe how Roman products such as sculpted portraits reflect social and political customs.

Explain conventions of Roman funeral monuments including materials and methods of construction as well as elements of inscriptions.

WLC.III.23

Explain the significance of elements of Roman or Greek infrastructure.

Analyze the functional and decorative architectural elements of a Roman or Greek building.

Explain the Romanization of the provinces as reflected in common structures such as amphitheaters, fora, aqueducts, dwellings, etc.

Discuss how the form of a building reflects its function.

WLC.III.24

Explain the significance of Roman or Greek political and economic practices.

Discuss the Roman Senate and how it conducted its meetings.

Discuss how the Romans or Greeks used their military to further their political agenda.

Explain how the Romans or the Greeks interacted with foreign peoples in terms of trade, conquest, and diplomacy.

WLC.III.25

Explain the significance of Roman or Greek religious practices.

Explain how the Romans adopted religions of other peoples and allowed the practice of some religions.

Explain the ways in which Roman officials used and abused religious offices for political gain.

Explain stories relating to Roman or Greek deities as explained by Homer, Ovid, and Virgil.

WLC.III.26

Explain the significance of various aspects of Roman or Greek social life.

Explain the relationships between various social groups as expressed in Roman or Greek law.

Explain the customs of Roman parties such as dinners, recitations, , wedding feasts, etc.

Explain various types of Roman or Greek entertainment such as theatre, festivals, animal hunts, gladiatorial combats, etc.

WLC.III.27

Explain the significance of Roman or Greek codes of behavior.

Tell the difference between idealized cultural values and actual behavior of individuals such as Virgil’s Roman virtues vs. those of Caligula.

Describe the virtues of the ideal Roman or Greek woman and give examples of those who did or did not live up to them.

Describe how the behavior of Roman or Greek soldiers reflected the attitudes of the culture.

WLC.III.28

Explain the significance of Roman or Greek attitudes toward various members of society.

Explain ways in which the depictions of women in the works of Roman or Greek authors such as Juvenal, Martial, Catullus, Homer, and Ovid reflected the attitudes of the culture.

Discuss Roman or Greek marriage practices and how they reflect attitudes towards women and inheritance.

Explain who had access to education in Roman or Greek society and why.

Explain the laws and attitudes governing treatment of slaves in Roman or Greek society.

WLC.III.29

Explain the significance of Roman or Greek attitudes toward politics and law.

Explain the significance of the development of Roman law as a reflection of the changing needs of Roman society.

Explain the Roman or Greek attitudes toward tyrants and how those views changed across time and circumstance.

Explain changes in the use of the army by leaders of the late Republic which led to changing views of rule in Rome.

WLC.III.30

Explain the significance of Roman or Greek religious and philosophical beliefs.

Explain how Roman or Greek festivals and holidays reflected their views on life, death, and their relationship to the gods.

Explain how the growth of private religions in Rome reflected the needs of various members of the population.

Explain the significance of Roman or Greek attitudes toward various philosophical schools.

WLC.III.31

Explain the significance of Roman or Greek attitudes toward art and literature.

Use pictures of authentic inscriptions or graffiti to explain Romans’ social and political values.

Explain how the Romans’ need for a past that rivaled the Greeks’ led to the creation of historical and mythological literature.

Explain how the Romans and/or Greeks used poetry to express views of others.

WLC.III.32

Explain how Roman and Greek political and legal institutions influenced other cultures.

Compare and contrast Roman and Greek philosophies of government.

Compare and contrast Roman or Greek legislators to their modern equivalents.

Compare and contrast the Roman or Greek judicial processes to those in place in other cultures.

WLC.III.33

Explain how Roman and Greek art and architecture influence other cultures.

Explain the influence of Roman imperial architecture on later empires.

Explain how Roman portrait sculpture influenced idealized or naturalistic representation of individuals in other cultures and periods.

Explain the influence of construction materials and the layout of the Roman road system on the infrastructure of other cultures.

WLC.III.34

Explain how Roman and Greek literature and language influenced those of other cultures.

Explain how Roman or Greek poetic genres and meter influenced those of later cultures.

Explain how the art of Roman or Greek story telling such as myths, legends, parables, etc. influenced literature of other cultures.

Explain the influences of Roman or Greek oratory on speechmaking in other cultures and periods.

Explain the relationship between Roman poetry recitations and modern standup comedy and rap.

WLC.III.35

Explain the influence of Roman or Greek religions on other cultures.

Explain the significance of such Roman festivals as the Lupercalia and Saturnalia and discuss their influence on modern festivals or holidays.

Explain how Roman and Greek myths influenced painting, music, and sculpture in other cultures.

WLC.III.36

Discuss how Roman and Greek social customs influenced other cultures.

Discuss the Roman practices of marriage and how they affected other cultures’ attitudes toward women and inheritance.

Discuss the influence of Roman or Greek modes of entertainment on other cultures.

LEVEL IV WORLD LANGUAGE INDICATORS – CLASSIC LANGUAGES (GREEK AND LATIN)

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level IV are able to function with a series of simple sentences. They communicate on familiar topics using a series of simple sentences. They begin to recombine the language that they have in order to ask questions and create statements.

Students in any class and content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level IV Classics classroom will begin the course by effectively using simple and practiced words, phrases, and sentences. As they complete the Level IV course, they should be combining the words, phrases, and sentences into a lengthy discourse.

The indicators below provide a broad definition of what students who complete Level IV are able to do. These indicators are further broken down in the standards. Real-world language skills and sample learning tasks are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Participate in conversations on a number of familiar topics using simple sentences. Handle short social interactions in everyday situations by asking and answering simple questions.

Provide basic information on familiar topics using practiced language, with phrases and simple sentences.

Write on a variety of familiar topics using connected sentences.

Understand the main idea in messages and presentations on a variety of topics. Understand the main idea of conversations that are overheard.

Easily understand the main idea of texts related to Roman and Greek everyday life and personal interests or studies. Sometimes follow stories and descriptions about events and experiences in various time frames.

Explain the significance of products and practices of other cultures.

Explain the significance of cultural beliefs and values.

Identify the significance of elements of Roman and Greek culture that influence other countries.

LEVEL IV WORLD LANGUAGE STANDARDS – CLASSIC LANGUAGES (GREEK AND LATIN)

The Level IV Standards outline language skills and provide bulleted examples of what the learner should be able to perform consistently by the conclusion of the Level IV course. These skills and tasks are examples of the indicators under each mode of communication described in the above chart.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and tasks are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WLC.IV.1

Have a simple conversation on a limited number of everyday topics.

Talk with someone about family or household tasks.

Talk with someone about hobbies and interests.

Talk with someone about school or work.

WLC.IV.2

Ask and answer questions on factual information that is familiar.

Ask and identify familiar things in a picture from a story.

Ask and respond to simple questions about Roman and Greek culture.

WLC.IV.3

Use the language to meet basic needs in familiar situations.

Borrow various school items such as tabulam, da mihi chartam, stylum, librum that are needed for class.

Follow classroom commands such as sta, ambula, sede, sta in pede uno, etc.

WLC.IV.4

Present information about Roman and Greek life using rehearsed phrases and simple sentences.

Describe a Roman or Greek family and their friends.

Describe a Roman or Greek school.

Describe where a Roman or Greek works and what they do.

WLC.IV.5

Express simple facts about Roman daily life.

Talk about members of a Roman family by name such as pater, mater, filius, filia, etc. using a prop.

Describe buildings in the Roman world using visual aids, such as forum, balnea, templum and amphitheatrum.

WLC.IV.6

Present information about a familiar person, place or thing using phrases and simple sentences.

Construct simple sentences about food such as servus cibun parat and servus vinum portat.

Describe some members of Roman society and state their occupations such as servus in culina laborat.

WLC.IV.7

Present simple information about learned material.

Create a presentation including vocabulary connected with Roman daily life based on pictures.

Identify family members, foods, and places based on pictures or photos.

WLC.IV.8

Write short reports about a topic that has been learned or researched.

Write a description with some details of the physical appearance of a Roman family member or friend.

Write a description of a typical Roman provincial town.

WLC.IV.9

Compose communications for public distribution.

Create a flyer for an upcoming event of the Latin Club at school.

Compose a simple letter, response, or article for a publication.

WLC.IV.10

Express an opinion on familiar topics using a series of sentences with some details.

Express a written opinion about one of Martial’s poems.

Express feelings in writing about a historical event or cultural topic in a passage read.

WLC.IV.11

Compare issues or people using a series of sentences.

Write a paragraph comparing the rights of various social classes in the world of the Romans and Greeks.

Write a comparison of two historical figures from Roman or Greek society.

Write a short comparison of two characters in a story.

WLC.IV.12

Understand the main idea and some details in conversations and oral presentations.

Understand conversations about Roman or Greek families.

Identify the main idea and details when listening to an oral presentation about a topic being studied.

WLC.IV.13

Understand and articulate the main idea of recited poetry.

Interpret the reasons why Catullus no longer respects his girlfriend in poem 72.

Follow and summarize the narrative of Daedalus in Ovid’s Metamorphoses VII.

WLC.IV.14

Understand oral directions and instructions in familiar settings.

Follow oral directions to a location.

Follow oral instructions to complete a task.

WLC.IV.15

Identify the main idea in authentic Latin texts that are read aloud.

Understand the purpose of an oration of Cicero.

Understand the circumstances that led to the outcome of a battle in Caesar’s Gallic Wars.

WLC.IV.16

Understand accounts of events or experiences.

Summarize the main argument and supporting evidence of Cicero’s Philippics.

Compare and contrast the views of Caesar and Tacitus on Germanic culture.

Explain how Seneca or Aristotle supports his contentions about the social status of slaves.

Summarize the main questions Pliny poses to the emperor Trajan about the prosecution of Christians under imperial law.

WLC.IV.17

Identify and explain author bias in Latin or Greek texts.

Analyze the ethnocentric views of Roman or Greek authors such as Tacitus, Herodotus, Caesar and Virgil.

Explain how Roman preferences for certain philosophical schools reflected the Roman viewpoints.

Identify and discuss the misogynistic views espoused by ancient authors such as Aristotle and in legal documents such as the Twelve Tables of Roman law.

WCL.IV.18

Use prior knowledge of Latin or Greek vocabulary to determine the meaning of unfamiliar words in complex authentic texts.

Identify the component parts of compound words and recognize the roots of these words.

Use the context of a Latin or Greek passage to accurately infer the meaning of unfamiliar words.

WCL.IV.19

Understand how advanced Latin or Greek grammatical and syntactical structures help to understand a text.

Understand how Caesar uses sequence of tenses in indirect discourse to paraphrase the speech of others.

Understand how Pliny uses indirect questions to Trajan to express his uncertainty about governing.

WLC.IV.20

Explain the significance of Roman or Greek products designed for communication.

Analyze the inscriptions on Roman coins and monuments and relate them to historical events.

Evaluate how Rome communicated with its subjects using edicts, sculpture, and inscriptions.

Contrast the purposes of different types of documents produced by Romans or Greeks such as imperial edicts and personal letters.

Analyze the ways in which poetry was used to communicate messages from propaganda to passion.

WLC.IV.21

Explain the significance of Roman or Greek decorative products.

Describe how Roman products such as sculpted portraits reflect social and political customs.

Explain conventions of Roman funeral monuments including materials and methods of construction as well as elements of inscriptions.

WLC.IV.22

Explain the significance of elements of Roman or Greek infrastructure.

Analyze the functional and decorative architectural elements of a Roman or Greek building.

Explain the Romanization of the provinces as reflected in common structures such as amphitheaters, fora, aqueducts, dwellings, etc.

Discuss how the form of a building reflects its function.

WLC.IV.23

Explain the significance of Roman or Greek political and economic practices.

Discuss the Roman senate and how it conducted its meetings.

Discuss how the Romans or Greeks used their military to further their political agenda.

Explain how the Romans or Greeks interacted with foreign peoples in terms of trade, conquest, and diplomacy.

WLC.IV.24

Explain the significance of Roman or Greek religious practices.

Explain how the Romans adopted religions of other peoples and allowed the practice of some local religions.

Explain the ways in which Roman officials used and abused religious offices for political gain.

Explain stories relating to Roman and Greek deities as explained by Homer, Ovid, and Virgil.

WLC.IV.25

Explain the significance of various aspects of Roman or Greek social life.

Explain the relationships between various social groups as expressed in Roman or Greek law.

Explain the customs of Roman parties such as dinners, recitations, wedding feasts, etc.

Explain various types of Roman or Greek entertainment such as theatre, festivals, animal hunts, gladiatorial combats, etc.

WLC.IV.26

Explain the significance of Roman or Greek codes of behavior.

Tell the difference between idealized cultural values and actual behavior of individuals such as Virgil’s Roman virtues vs. those of Caligula.

Describe the virtues of the ideal Roman or Greek woman and give examples of those who did or did not live up to them.

Describe how the behavior of Roman or Greek soldiers reflected the attitudes of the culture.

WLC.IV.27

Explain the significance of Roman or Greek attitudes toward various members of society.

Explain ways in which the depictions of women in the works of Roman and Greek authors such as Juvenal, Martial, Catullus, Homer, and Ovid reflected the attitudes of the culture.

Discuss Roman or Greek marriage practices and how they reflect attitudes towards women and inheritance.

Explain who had access to education in Roman or Greek society and why.

Explain the laws and attitudes governing treatment of slaves in Roman or Greek society.

WLC.IV.28

Explain the significance of Roman or Greek attitudes toward politics and law.

Explain the significance of the development of Roman law as a reflection of the changing needs of Roman society.

Explain the Roman or Greek attitudes toward tyrants and how those views changed across time and circumstance.

Explain changes in the use of the army by leaders of the late Republic which led to changing views of rule in Rome.

WLC.IV.29

Explain the significance of Roman or Greek religious and philosophical beliefs.

Explain how Roman or Greek festivals and holidays reflected their views on life, death, and their relationship to the gods.

Explain how the growth of private religions in Rome reflected the needs of various members of the population.

Explain the significance of Roman and Greek attitudes toward various philosophical schools.

WLC.IV.30

Explain the significance of Roman or Greek attitudes toward art and literature.

Use pictures of authentic inscriptions or graffiti to explain Romans’ social and political values.

Explain how the Romans’ need for a past that rivaled the Greeks’ led to the creation of historical and mythological literature.

Explain how the Romans or Greeks used poetry to express views of others.

WLC.IV.31

Explain how Roman and Greek political and legal institutions influenced other cultures.

Compare and contrast Roman and Greek philosophies of government.

Compare and contrast Roman or Greek legislators to their modern equivalents.

Compare and contrast the Roman or Greek judicial processes to those in place in other cultures.

WLC.IV.32

Explain how Roman or Greek art and architecture influence other cultures.

Explain the influence of Roman imperial architecture on later empires.

Explain how Roman portrait sculpture influenced idealized or naturalistic representation of individuals in other cultures and periods.

Explain the influence of construction materials and the layout of the Roman road system on the infrastructure of other cultures.

WLC.IV.33

Explain how Roman and Greek literature and language influenced those of other cultures.

Explain how Roman or Greek poetic genres and meter influenced those of later cultures.

Explain how the art of Roman or Greek story telling such as myths, legends, parables, etc. influenced literature of other cultures.

Explain the influences of Roman or Greek oratory on speechmaking in other cultures and periods.

Explain the relationship between Roman poetry recitations and modern standup comedy and rap.

WLC.IV.34

Explain the influence of Roman or Greek religions on other cultures.

Explain the significance of such Roman festivals as the Lupercalia and Saturnalia and discuss their influence on modern festivals or holidays.

Explain how Roman and Greek myths influenced painting, music, and sculpture in other cultures.

WLC.IV.35

Discuss how Roman and Greek social customs influenced other cultures.

Discuss the Roman practices of marriage and how they affect other cultures’ attitudes toward women and inheritance.

Discuss the influence of Roman or Greek modes of entertainment on other cultures.

LOGOGRAPHIC LANGUAGES – CHINESE AND JAPANESE

LEVEL I WORLD LANGUAGE INDICATORS – LOGOGRAPHIC LANGUAGES (CHINESE AND JAPANESE)

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level I are able to function with simple and basic language. They rely on individual words but have a variety of vocabulary on familiar topics available for use. When using phrases, they tend to rely on those that have been practiced and memorized.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level I classroom should begin the course with character and/or word recognition, basic writing strokes and simple understanding. By the end of the course, they will be able to effectively use words and practiced and/or memorized phrases. The Presentational Speaking and Writing skills tend to develop more slowly and students may remain at the word or simple phrase level for this particular skill.

The indicators below provide a broad definition of what students who complete Level I are able to do. These indicators are further broken down in the standards. Real-world language skills and sample learning tasks are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate on familiar topics using a variety of words and phrases that have been practiced and memorized.

Present information about self and some other familiar topics using words or memorized phrases.

Write familiar words, characters, or phrases.

Recognize memorized words and phrases when heard.

Recognize letters or characters. Identify memorized words and phrases when read.

Identify products and practices of cultures.

Understand of Cultural Perspectives Identify basic cultural beliefs and practices.

LEVEL I WORLD LANGUAGE STANDARDS – LOGOGRAPHIC LANGUAGES (CHINESE AND JAPANESE)

The Level I Standards outline language skills and provide bulleted examples of what the learner should be able to perform consistently by the conclusion of the Level I course. These skills and tasks are examples of the indicators under each mode of communication described in the above chart.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and tasks are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WLL.I.1

Say hello and goodbye to a peer.

Say hello and goodbye to a teacher, supervisor, or adult.

Say hello and goodbye to someone of higher social standing.

WLL.I.2

Introduce self and others.

Introduce self and provide basic personal information (name, age, address, phone number, e-mail address).

WLL.I.3

Answer a variety of simple questions.

Respond to yes/no questions Respond to who, what, when, and where questions.

Answer questions about personal actions (past or present).

Answer questions about personal location or locations visited (past or present).

Answer questions about topics of information being learned.

WLL.I.4

Make simple statements in a conversation.

State personal actions.

State location.

State person being visited.

Express a reaction, such as “Great!”

WLL.I.5

Ask simple questions.

Ask who, what, when, and where questions.

Ask questions about information being learned.

WLL.I.6

Communicate basic information about self and familiar people Give my name and ask someone’s name.

Tell or write about family members and ask about someone’s family.

Tell or write about friends,classmates, or co-workers.

WLL.I.7

Communicate basic information about everyday life.

Give times, dates, and weather information.

Talk about food eaten, information learned, and actions completed.

Talk about familiar places.

Ask and understand how much something costs.

Convey the time and location of an event.

WLL.I.8

Ask and respond to questions using classroom vocabulary.

Ask for permission to go to the restroom, get a drink, go to the office, etc.

Ask for someone to repeat.

Ask to borrow an item.

WLL.I.9

Recite previously learned words and phrases.

Count from 1-100.

Say the date and day of the week.

List the months and seasons.

WLL.I.10

State the names of familiar people, places, and objects in pictures using words or memorized phrases.

WLL.I.11

Introduce self to a group.

State name, age and location of home (e.g., town, region, state).

Give phone number, home address, and e-mail address.

WLL.I.12

Recite short memorized phrases, parts of poems and rhymes.

Sing a short song.

Recite a nursery rhyme.

Recite a simple poem.

WLL.I.13

Use simple counters to express plural nouns.

Count everyday items.

Sing a short song incorporating counting words.

WLL.I.14

Copy characters or letters and words from the wall or board, in a book, or on the computer.

Copy the letters and sounds of the alphabet.

Copy the characters being learned.

Copy a simple phrase like “Happy Birthday,” “Happy Holidays,” etc.

WLL.I.15

Fill out a simple form with basic personal information.

Fill out a form with name, address, phone number, birth date, and nationality.

Complete a simple online form.

Fill out a simple schedule.

WLL.I.16

Write about self using learned phrases and memorized expressions.

Write name, home address, and e-mail address.

Write numbers such as a phone number.

Write the date and the day of the week.

Write the months and the seasons.

WLL.I.17

List daily activities and write lists that help in day-to-day life.

Label activities and their times in a daily schedule.

Write about typical weekend activities.

Write a to-do list.

Write a shopping list.

WLL.I.18

Write notes about something learned using lists, phrases, and memorized expressions.

List the main cities of the target country.

Write the phrases and memorized expressions connected with holiday wishes and celebrations in the target culture.

Create a list of topics or categories using previously learned vocabulary.

Summarize a phone message or a classroom activity.

WLL.I.19

Apply writing systems used with the target language.

Use the writing systems to express personal information.

Write a letter to a pen pal from the target culture.

Write a brief journal entry about daily activities.

WLL.I.20

Demonstrate correct stroke order.

Identify the different parts of each character.

Copy each character using the correct number of strokes.

WLL.I.21

Identify the sounds of characters or words.

Recognize the sound of letters when they are spoken or spelled out.

WLL.I.22

Understand isolated words that have been memorized, particularly when accompanied by gestures or pictures.

Recognize some color words.

Understand basic numbers.

Understand common food items.

WLL.I.23

Identify cognates in the target language.

Use cognates to help understand a simple song, video, or commercial in the target language.

WLL.I.24

Recognize all phonetic writing systems.

Alphabetize names or words.

Match a character to a supporting visual.

Recite the sound associate with each character.

WLL.I.25

Connect words, phrases, or characters to their meanings.

Recognize cities on a map.

Identify menu items.

WLL.I.26

Recognize the relationship between phonetic and logographic writing systems.

Recognize the relationship between the logographic characters and the phonetic writing system. (kanji and hiragana/katakana and hanzi and pinyin).

Match pictures to their corresponding logographic character.

WLL.I.27

Identify geographical features of other countries.

Recognize similarities and differences between the designs of houses, buildings, or towns.

Identify specific locations to have a meal, purchase a ticket, or buy necessary items.

Recognize similarities and differences between a student’s schedule and that of a peer in another culture.

WLL.I.28

Identify common eating habits in the target culture.

Identify habits of dress in the target culture.

Express the time and date in the format of the target culture Use appropriate holiday greetings.

WLL.I.29

Identify beliefs and values related to age, gender, social class, and ethnicity.

Express how people address each other differently based on age and social standing.

Recognize that appropriate dress is determined by cultural traditions.

Recognize that gender and age can determine one’s role in a family, school, and the workplace.

WLL.I.20

Identify characteristics of national identity.

Identify elements of geography that define a nation.

Identify symbols that represent a nation.

Identify the importance of some historical events through their celebration on national holidays and monuments.

Identify major religions of a nation.

WLL.I.21

Identify ways in which cultures are globalized.

Identify similar leisure activities across cultures.

Identify familiar forms of dress across cultures.

Identify common dining establishments across cultures.

Identify examples of common technology use across cultures.

WLL.I.22

Identify what is culturally appropriate to say when gift-giving in different situations, such as a birthday party, New Year’s, a wedding, etc.

Recognize and imitate culturally appropriate behavior in a restaurant or other public place.

WLL.I.23

Use memorized language and basic cultural knowledge to interact with others.

Ask and answer questions or make simple comments in a familiar cultural context such as a family event or a social event with peers.

Understand and mention a general cultural reference such as a song or movie title, author, or composer in a conversation. Play a simple board or card game with friends.

WLL.I.24

Use memorized language and basic cultural knowledge to accomplish simple, routine tasks.

Use a city map, GPS, or signs to help navigate.

Recognize and imitate how people count and use money to make a purchase.

Follow a team’s win-loss record from a website.

LEVEL II WORLD LANGUAGE INDICATORS – LOGOGRAPHIC LANGUAGES (CHINESE AND JAPANESE)

All West Virginia teachers are responsible for classroom instruction that allows students to advance through a developmentally appropriate progression of standards. Students who complete Level II are able to function with simple and basic language. They rely on individual words but have a variety of vocabulary on familiar topics available for use. When using phrases, they tend to rely on those that have been practiced and memorized.

Students in any class and any content area progress through the standards at varying rates. The world language classroom is no different. Learners in a Level II classroom should begin the course with character and/or word recognition, more advanced writing strokes and understanding of basic characters. By the end of the course, they will be able to effectively use words and practiced/memorized phrases. Students should be able to begin expanding their writing and reading skills which are a bit more difficult due to the writing systems of the languages. By then end of the Level II course, students should be able to use a variety of words and phrases that have been learned across all modes of communication.

The indicators below provide a broad definition of what students who complete Level II are able to do. These indicators are further broken down in the standards. Real-world language skills and sample learning tasks are provided to illustrate what the indicator would look like in a proficiency-based classroom.

Communicate and exchange information about familiar topics using phrases and simple sentences, sometimes supported by memorized language. Usually handle short social interactions in everyday situations by asking and answering simple questions.

Present information about self and some other very familiar topics using a variety of words, phrases and memorized expressions.

Write lists and memorized phrases on familiar topics.

Recognize some familiar words and phrases when heard.

Recognize some letters or characters. Understand some learned or memorized words and phrases when read.

Identify products and practices of cultures.

Identify basic cultural beliefs and practices.

LEVEL II WORLD LANGUAGE STANDARDS – LOGOGRAPHIC LANGUAGES (CHINESE AND JAPANESE)

The Level II Standards outline language skills and provide bulleted examples of what learners should be able to perform consistently by the conclusion of the Level II course. These skills and tasks are examples of the indicators under each mode of communication described in the above chart.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and tasks are not isolated to a particular lesson, but will be incorporated throughout the course of study.

WLL.II.1

Exchange some personal information.

Ask and say a home address and e-mail address.

Ask and say someone’s nationality.

Ask and talk about family members and their characteristics.

WLL.II.2

Exchange information using texts, graphs, or pictures.

Ask about and identify familiar things in a picture from a story.

Ask about and identify important information about the weather using a map.

Ask and respond to simple questions about dates, times, places, and events on schedules, posters and tickets.

Ask about and discuss friends, classmates, teachers, or co-workers.

WLL.II.3

Ask for and give simple directions.

Ask for directions to a place.

Give basic directions such as go straight, turn left, or turn right.

Tell someone where something is located such as next to, across from, or in the middle of.

WLL.II.4

Make plans with others.

Accept or reject an invitation to do something or go somewhere.

Invite and make plans with someone to do something or go somewhere.

Exchange information about where to go, such as to the store, the movie theatre, a concert, a restaurant, the lab, or when to meet.

WLL.II.5

Interact with others in everyday situations.

Order a meal.

Make a purchase.

Buy a ticket.

WLL.II.6

Present information about self and others using words and phrases.

Describe physical characteristics of self or others.

Describe personality traits of self or others.

WLL.II.7

Express likes and dislikes using words, phrases, and memorized expressions.

State sports preferences.

List free-time activity preferences.

State food and drink preferences.

WLL.II.8

Present information about familiar items in the immediate environment.

Talk about own home.

Talk about own school or workplace.

Talk about own room or office and the possessions in it.

Present basic information about own community, town/city, state, or country.

WLL.II.9

Talk about daily activities using words, phrases, and memorized expressions.

List classes and tell what time they start and end.

Name activities and the times they occur in a daily schedule.

Talk about weekend activities.

WLL.II.10

Present simple information about something learned using words, phrases, and memorized expressions.

Talk about holiday celebrations based on pictures or photos.

Name the main cities on a map.

Talk about past, present, and future weekend activities.

WLL.II.11

Fill out a simple form with some basic personal information.

Fill out a form with name, address, phone number, birth date, and nationality.

Complete a simple online form.

Fill out a simple schedule.

WLL.II.12

Write about self using learned phrases and memorized expressions.

Write name, home address, and e-mail address.

Write numbers such as a phone number.

Write the date and the day of the week.

Write the months and the seasons.

WLL.II.13

List daily activities and write lists that help in day-to-day life.

Label activities and their times in a daily schedule.

Write about weekend activities.

Write a to-do list.

Write a shopping list.

WLL.II.14

Write notes using lists, phrases, and memorized expressions.

List the main cities of a specific country.

Write the phrases and memorized expressions connected with holiday wishes and celebrations in a specific country.

Create a list of topics or categories using previously learned vocabulary.

Summarize a phone message or a classroom activity.

WLL.II.15

Understand a few courtesy phrases.

Understand when people express thanks.

Understand when people introduce themselves.

Understand when someone asks for a name.

WLL.II.16

Recognize and understand basic information in memorized words and phrases.

Understand days of the week and the time.

Recognize a date.

Recognize some common weather expressions.

WLL.II.17

Recognize and understand words and phrases learned for specific purposes.

Recognize the names of the planets in a science class.

Recognize the names of parts of the body in a health or fitness class.

WLL.II.18

Recognize words, phrases, and characters with the help of visuals.

Recognize entrance and exit signs.

Identify family member words on a family tree.

Identify healthy nutritional categories.

Identify the simple labels on a science-related graph.

WLL.II.19

Recognize words, phrases, and characters when associated with things already known.

Check off words or phrases on a to-do list, grocery list, or scavenger hunt list.

Identify labeled aisles in a supermarket.

Choose a restaurant from an online list of local eateries.

Identify scores from sports teams based on recognition of team names and logos.

Identify artists, titles, and music genres.

Identify the names of classes and instructors in a school schedule.

WLL.II.20

Identify geographical features of other countries.

Recognize similarities and differences between the designs of houses, buildings or towns.

Identify specific locations to have a meal, purchase a ticket, or buy something needed.

Compare and contrast similarities and differences between a student’s daily schedule and that of a peer in another culture.

WLL.II.21

Identify common eating habits in the target culture.

Identify habits of dress in the target culture.

Express the time and date in the format of the target culture.

Use the appropriate holiday greetings.

WLL.II.22

Identify beliefs and values related to age, gender, social class and ethnicity.

Tell the way people address each other differently based on age and social standing.

Recognize that appropriate dress is determined by cultural traditions.

Recognize that gender and age can determine one’s role in a family, school, and the workplace.

WLL.II.23

Identify characteristics of national identity.

Identify elements of geography that define a nation.

Identify symbols that represent a nation.

Identify the importance of historical events through the celebration of national holidays and the monuments.

Identify major religions of a nation.

WLL.II.24

Identify ways in which cultures are globalized.

Identify similar leisure activities across cultures.

Identify familiar forms of dress across cultures.

Identify common dining establishments across cultures.

Identify examples of common technology use across cultures.

WLL.II.25

Use culturally appropriate phrases for gift giving in different situations, such as a birthday party, New Year’s, a wedding, etc.

Recognize and imitate culturally appropriate behavior in a restaurant or other public place.

WLL.II.26

Use memorized language and cultural knowledge to interact with others.

Ask and answer questions or make simple comments in a familiar cultural context such as a family event or a social event with peers.

Understand and mention a general cultural reference such as a song or movie title, author, or composer in a conversation.

Play a simple board or card game with friends.

WLL.II.27

Use memorized language and basic cultural knowledge to accomplish simple, routine tasks.

Use a city map, GPS, or signs to navigate.

Recognize and imitate how people count and use money in order to make a purchase.

Follow a team’s win-loss record from a website .

AMERICAN SIGN LANGUAGE

Level I Standards for American Sign Language The American Sign Language Level I Standards primarily focus on the acquisition and development of communication skills. Students will likely enter this course from various signing backgrounds. Students who are deaf, have a deaf parent, or have a close association with members of the Deaf community may enter the course with some proficiency in signing. Other students, particularly those with little association with deaf individuals, may enter with no prior knowledge or skills in ASL. Therefore, knowledge and skill acquisition may differ greatly between these two groups.

These language skills are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and tasks are not isolated to a particular lesson, but will be incorporated throughout the course of study.

Interactive (Interpersonal) Communication ASL.I.1 Sign hello and goodbye to a peer.

Sign hello and goodbye to a teacher, supervisor, or stranger.

ASL.I.2

Make and respond to introductions using appropriate spatial agreement.

Introduce self.

ASL.I.3

Ask and answer a variety of simple questions.

Respond to yes/no questions.

Respond to who, what, when, and where questions.

Answer questions about personal needs.

Respond to courtesies.

ASL.I.4

Make simple requests.

Ask someone to repeat.

Ask someone for help.

ASL.I.5

Communicate basic information about self and familiar people.

Sign name and ask someone’s name.

Sign something about family members and ask about someone’s family.

Sign something about friends,classmates, or co-workers.

ASL.I.6

Communicate basic information about everyday life.

Give times, dates and weather information.

Sign about foods eaten, topics learned, and actions taken.

Sign about familiar places.

Ask and understand how much something costs.

Tell someone the time and location of an event.

ASL.1.7

Communicate need for clarification of signed or written information on familiar topics.

Ask for further details on a lecture.

Ask the meaning of unfamiliar words.

Expressive (Presentational) Communication ASL.I.8 Recite learned signs and phrases.

Recite numbers from 1-100.

Sign the date and day of the week.

List the months and seasons.

ASL.I.9

State the names of familiar people, places, and objects in pictures using words or memorized phrases.

ASL.I.10

Introduce self to a group.

State name, age and location of home (e.g., town, region, state).

Give phone number, home address, and e-mail address.

Receptive (Interpretive)

Communication ASL.I.11 Identify the parameters of a sign.

Recognize the handshape of some signs.

Recognize the palm orientation of some signs.

Recognize the movement of some signs.

Recognize the location of some signs.

ASL.I.12

Understand isolated, memorized signs in authentic language samples.

Recognize colors.

Understand numbers.

Understand food items.

ASL.I.13

Understand courtesy phrases.

Understand when people express thanks.

Understand when people introduce themselves.

Understand when people ask for someone’s name.

ASL.I.14

Comprehend main ideas using basic vocabulary on familiar topics.

Understand descriptions of people, places, and things.

Identify characters in an authentic language narrative.

ASL.I.15

Follow short simple directions, commands, and instructions.

Follow classroom commands to complete a task.

Follow directions to go to the school office, library, cafeteria, etc.

ASL.I.16

Read, listen to, and comprehend simple texts on familiar topics.

Understand short stories.

Understand short poems.

Understand short informational texts.

ASL.I.17

Identify beliefs, values, and customs of the Deaf community.

ASL.I.18

Demonstrate an awareness of Deaf heritage and identify major historical events and persons from the Deaf culture.

ASL.I.19

Identify and discuss the contributions of linguists and pioneers of the language and culture.

ASL.I.20

Explore the artistic, scientific, and philosophical contributions of ASL users to society (e.g., Alexander Graham Bell, Edward Minor Gallaudet, Laurent Clerc, National Theatre of the Deaf, Deaf Way).

ASL.I.21

Identify and understand the significance of ASL, objects, images, products, and symbols of the Deaf culture.

ASL.I.22

Recognize themes, ideas, and/or perspectives of the Deaf culture (e.g., folklore, Deaf humor, ABC stories).

ASL.I.23

Give examples of the various commonly held historical beliefs about the Deaf culture (e.g., location and types of educational opportunities, impact of the various methodologies, listening devices).

ASL.I.24

Recognize behaviors that are unique to the Deaf culture (e.g., hugs, eye contact, personal space).

ASL.I.25

Locate resources for the Deaf and recognize the potential of ASL (e.g., ASL clubs and organizations, Deaf education, deaf-related careers).

ASL.I.26

Present information to people locally and around the world (e.g., Deaf Awareness, Deaf Heritage).

ASL.I.27

Identify opportunities to use ASL for enjoyment (e.g., fingerspelling games, no-voice allowed class period, cultural/social activities, and interpreted performances).

ASL.I.28

Locate and participate in activities in which the ability to communicate in ASL may be beneficial to schools and communities.

LEVEL II Standards for American Sign Language American Sign Language Level II Standards primarily focus on the continued acquisition of communication skills and refinement of proficiency in the three skill areas of receptive, expressive and interactive communication. ASL Level II continues to introduce students to aspects of the American Deaf culture.

The language skills listed below are designed to provide real-world communication to the daily class and to aid the learner’s progression to higher proficiency levels. Many of these skills and tasks are not isolated to a particular lesson, but will be incorporated throughout the course of study.

Interactive (Interpersonal) Communication ASL.II.1 Exchange some personal information.

Ask and give home address and e-mail address.

Ask and give someone’s nationality.

Ask and give characteristics of family members.

Ask and give descriptions of friends, classmates, teachers, or co-workers.

ASL.II.2

Discuss opinions about personal experiences and other familiar topics.

Discuss a favorite restaurant.

Discuss favorite leisure activities.

Discuss an opinion on school uniforms.

ASL.II.3

Negotiate meaning of signed information to reach an understanding.

Determine meaning based on context.

Ask for clarification of a particular sign.

ASL.II.4

Ask for and give simple directions.

Ask for directions to a particular place.

Tell someone how to get from one place to another.

Tell someone where something is located.

ASL.II.5

Interact with others in everyday situations.

Order a meal.

Make a purchase.

Buy a ticket.

ASL.II.6

Make plans with others.

Accept or reject an invitation to do something or go somewhere.

Invite and make plans with someone to do something or go somewhere.

Exchange information about where to go such as the store, the movie theatre, a concert, a restaurant, the lab, or when to meet.

Expressive (Presentational) Communication ASL.II.7 Present information about self and others using words and phrases.

Sign physical descriptions of self and others.

Sign personality traits of self and others.

ASL.II.8

Express likes and dislikes, with supporting details, using signs, phrases, and memorized expressions.

Sign sports preferences Sign favorite free-time activity preferences.

Sign food and drink preferences.

ASL.II.9

Present information about familiar items in immediate environment.

Sign about location of home.

Sign about school or workplace.

Sign about room or office and personal possessions in it.

Present basic information about community, town, city, state, or country.

ASL.II. 10

Sign about daily activities using words, phrases, and memorized expressions.

Sign classes and tell what time they start and end.

Name activities and times in daily schedule.

Sign about what weekend activities that have been done or enjoyed.

ASL.II.11

Present simple information about something learned, sing signs, phrases, and memorized expressions.

Sign about holiday celebrations based on pictures or photos.

Name the main cities on a map.

Sign about animals, colors, foods, historical figures or sports based on pictures or photos.

Receptive (Interpretive)

Communication ASL.II.12 Understand simple questions or statements on familiar topics.

Recognize the difference between questions and statements.

Understand questions about age, location, free time activities, etc.

Understand questions or statements about family.

Understand questions or statements about friends, classmates, or workmates.

ASL.II.13

Understand simple information when presented with pictures and graphs.

Understand facts about the weather when weather symbols are used.

Understand when someone describes physical descriptions from a photo or a work of art.

Follow along with arithmetic problems when figures can be seen.

ASL.II.14

Understand the main topic of conversations and presentations that are viewed.

Understand to whom people are referring.

Understand if people are signing about their homes or asking for directions.

Understand a simple transaction between a customer and a sales clerk.

ASL.II.15

Carry out multi-step directions, commands, and instructions based on familiar topics and vocabulary.

Follow classroom directions to complete a task.

Follow directions to go to a particular point in town.

ASL.II.16

Understand selected literary presentations (e.g., storytelling, folklore, poetry, drama)

Distinguish the principal characters of the literary work.

Distinguish the main idea of the literary work.

Distinguish the themes of the literary work.

ASL.II.17

Identify beliefs, values, and customs of the Deaf community.

ASL.II.18

Demonstrate an awareness of Deaf heritage and identify major historical events and persons from the Deaf culture.

ASL.II.19

Identify and discuss the contributions of linguists and pioneers of the language and culture.

ASL.II.20

Explore the artistic, scientific and philosophical contributions of ASL users to society (e.g., Alexander Graham Bell, Edward Minor Gallaudet, Laurent Clerc, National Theatre of the Deaf, Deaf Way).

ASL.II.21

Identify and understand the significance of ASL, objects, images, products, and symbols of the Deaf culture.

ASL.II.22

Recognize themes, ideas and/or perspectives of the Deaf culture (e.g., folklore, Deaf humor, ABC stories).

ASL.II.23

Give examples of the various commonly held historical beliefs about the Deaf culture (e.g., location and types of educational opportunities, impact of the various methodologies, listening devices).

ASL.II.24

Recognize behaviors that are unique to the Deaf culture (e.g., hugs, eye contact, and personal space).

ASL.II.25

Locate resources for the Deaf and recognize the potential of ASL (e.g., ASL clubs and organizations, Deaf education, deaf-related careers).

ASL.II.26

Present information to people locally and around the world (e.g., Deaf Awareness, Deaf Heritage).

ASL.II.27

Identify opportunities to use ASL for enjoyment (e.g., fingerspelling games, no-voice allowed class period, cultural/social activities, and interpreted performances).

ASL.II.28

Locate and participate in activities in which the ability to communicate in ASL may be beneficial to schools and communities.

Series 044H West Virginia Driver Education Standards (2520.8)

W. Va. Code R. § 126-44H-1 General

1.1. Scope. -- W. Va. 126CSR42, West Virginia Board of Education (WVBE) Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for a thorough and efficient education for West Virginia public school students. This legislative rule defines the content standards for driver education required by Policy 2510 and W. Va. 126CSR22, WVBE Policy 2422.2, Driver Education Regulations (Policy 2422.2).

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §18-2-5, and §18-6-1 et seq.

1.3. Filing Date. -- October 11, 2018.

1.4. Effective Date. -- July 1, 2019.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR44H, WVBE Policy 2520.8, Next Generation Driver Education Content Standards and Objectives for West Virginia Schools” filed August 11, 2011, and effective September 12, 2011.

W. Va. Code R. § 126-44H-2 Purpose

2.1. The legislative rule defines the content standards for the program of study required by Policy 2510 and Policy 2422.2.

W. Va. Code R. § 126-44H-3 Incorporated by Reference

3.1. A copy of West Virginia Driver Education Standards is attached and incorporated by reference into this rule. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education (WVDE).

W. Va. Code R. § 126-44H-4 Summary of the Content Standards

4.1. The WVBE is responsible for establishing high-quality standards. The content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for success in the workplace and future education. The program of study includes content standards that reflect a rigorous and challenging curriculum for driver education.

W. Va. Code R. § 126-44H-5 Severability

5.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Explanation of Terms Clusters are groups of standards that define the expectations students must demonstrate to be college- and career-ready.

Standards are expectations for what students should know, understand, and be able to do; standards represent educational goals.

Numbering of Standards The number of each content standard is composed of two parts, each part separated by a period:

The content area code (e.g., DE for Driver Education);

The standard number.

Illustration: DE.1 refers to Driver Education standard 1.

WEST VIRGINIA DRIVER EDUCATION STANDARDS

The goals of the driver education program of study are to provide students with the knowledge and skills to safely and efficiently operate a motor vehicle on our nation’s street and highways, to equip students with the knowledge to enable them to make wise decisions as drivers, and to assist students to become responsible users of the highway transportation system. The program of study includes cognitive development relating to traffic laws and ordinances, traffic signs, signals and markers, natural laws, fuel conservation, and vehicle restraint systems. Also included are the physical, psychological, and legal aspects, effects, and consequences of the use of alcohol and drugs as related to the driving of a motorized vehicle. Instruction is provided to develop the perceptual and psychomotor skills required for basic control of the vehicle, lane changing, passing, following, entering and exiting from traffic, driving in cities/towns, on rural and urban roads and freeways, responding to emergencies, various road and weather conditions, defensive driving techniques, driving without distraction, and interaction with pedestrians and other highway users including motorcycles, all-terrain vehicles (ATV), and trucks. The program emphasizes strategies to develop the behavior patterns known as the Search, Identify, Predict, Decided, and Execute Process (SIPDE).

Driver Education Basic Vehicle Operations Vehicles driven today are complex machines made up of many systems and parts with advanced technology. Drivers need to develop an understanding of basic vehicle operations including pre/post inspections, familiarization of interior and exterior instruments, and safety features.

Vehicle Maneuvers Driving involves having the ability to safely maneuver vehicles in a variety of situations. Lane changing, passing, following, entering and exiting traffic, driving in cities/towns, rural and urban roads and freeways are some of many of the basic maneuvers needed for driving. Safely navigating special situations is important for risk reduction. Interactions with other roadway users are an important part of the driving task.

Intermediate and Advanced Tasks Extreme situations will raise many questions on how to drive safely. Skills required for the safe and efficient operation of a vehicle as well as the relationship of driver actions to the environmental factors are necessary for efficient operation of a motor vehicle. Natural laws, road and weather conditions, vehicle characteristics, and the safe operation of a vehicle are considerations when operating motor vehicles.

Risk Reduction Tasks Students need to demonstrate knowledge of physical, psychological, and emotional factors and their relationships to safe operation of a vehicle. Additionally the emotional state, level of maturity, and decision-making of individual drivers affect overall safe operations of a vehicle.

Alcohol, Other Drugs, and Driving The use of alcohol has always been known to affect driver performance, decision-making, and overall safe operation of a vehicle. The use of other drugs and combining alcohol and drugs equally affect driver performance. Legal consequences are also addressed.

Distracted Driving Distracted driving leads to driver error and collisions more often than any other driver variable. The teen population comprises the largest risk group. This cluster includes how to manage and avoid these distractions.

Legal Responsibilities Introducing students to driving and attendant responsibilities. Driving is important to the safety of motorists and individuals utilizing the roadway. Use of the highway transportation system, legal requirements for licensing and owning a vehicle, traffic laws, and ordinances regulating the operation of a vehicle on the nation’s streets and highways are included. Respect for the rights and responsibilities of other roadway users is emphasized.

Travel, Ownership, and Maintenance The various aspects of owning and operating a vehicle include identifying procedures for the purchase, ownership, and use of a vehicle. Preventive maintenance checks for the safe and efficient operation of the vehicle, as well as strategies for trip planning, map reading, and budgeting of money for vehicular-related costs are included. Modern software applications can enhance the safety and overall driving experience.

Basic Vehicle Operation DE.1 Identify, demonstrate, and explain procedures for pre- and post-driving inspections that include vehicle and surroundings.

DE.2

Identify and execute pre-driving preparation inside the vehicle including comfort equipment, gauges, instrument panel, and communication device features.

DE.3

Explain mirror adjustment and mirror utilization with regard to the driving task.

DE.4

Utilize and explain the safety equipment and restraint devices within the vehicle.

DE.5

Demonstrate and evaluate the procedures for starting a vehicle with an automatic or manual transmission in all conditions.

DE.6

Demonstrate the ability to smoothly accelerate and stop the vehicle.

DE.7

Recognize and analyze the purpose of modern and advanced technological systems that are available to aid in driving practices (e.g., global positioning system (GPS), stability control, lane assist, emergency braking assist, blind spot warning, back-up camera).

DE.8

Identify, demonstrate, and explain procedures for securing and exiting the vehicle.

Vehicle Maneuvers DE.9 Execute proper steering, control, and speed while driving on straight or curved paths of travel.

DE.10

Control speed and direction while backing on straight or curved paths of travel.

DE.11

Perform the driving skills necessary to navigate roadways and interact with other highway users in rural, urban, residential, limited access, and general highway/interstate environments.

DE.12

Demonstrate and explain skills necessary to safely enter and exit from the flow of traffic in various situations.

DE.13

Identify and perform driving techniques that reduce collision risk by managing and maintaining a safe space around the vehicle.

DE.14

Demonstrate and explain skills needed to safely use traffic lanes and perform lane-changing maneuvers under varying traffic conditions.

DE.15

Identify the risk of sharing the road with large vehicles such as trucks and buses.

DE.16

Demonstrate and explain skills necessary for safely overtaking and passing other vehicles.

DE.17

Identify and navigate intersections, roundabouts, work zones, and railroad crossings legally, safely, and efficiently.

DE.18

Perform turnabout maneuvers to allow the vehicle to safely proceed in the opposite direction.

DE.19

Execute angle, parallel, and perpendicular parking on level and hilly terrains.

DE.20

Explain the relationship between driver actions, environmental factors, vehicle characteristics, and roadway conditions through the three types of skids.

DE.21

Explain the purpose of an anti-lock braking system and how to safely utilize the system for improved vehicle control.

Intermediate and Advanced Tasks DE.22 Identify and utilize the search, identify, predict, decide, and execute (SIPDE) process and explain how the process aids in becoming a low-risk driver.

DE.23

Explain and demonstrate knowledge of blind spots (e.g., mirrors’ blind spots; checking over shoulder; and staying out of others’ blind spots).

DE.24

Identify and describe the driving adjustments needed to adapt to various road surface conditions and roadway obstructions.

DE.25

Identify and explain safe practices for operating a vehicle under adverse conditions such as snow, rain, ice, fog, and darkness.

DE.26

Identify and explain the natural laws of physics as they apply to safe and efficient driving.

DE.27

Identify and justify the use of downshifting a transmission in a variety of situations (e.g., steep grades, towing a trailer, inclement weather).

Risk Reduction Tasks DE.28 Describe fatigues effect on driver performance and counteractive methods.

DE.29

Describe how emotions affect driver decisions and performance.

DE.30

Demonstrate proper seat position and use of occupant protection devices such as seat belts, air bags, child safety seats, and identify how they reduce injury severity and increase collision survival.

DE.31

Describe methods used to reduce risk of harm when confronted with an aggressive driver in a road rage situation.

DE.32

Describe and assess the need/importance for correcting and/or compensating for temporary and permanent driver disabilities.

Alcohol, Other Drugs and Driving DE.33 Describe and explain the physiological, psychological, and cognitive effects of alcohol and/or other drugs and their impact on the individual in relation to the driving task.

DE.34

Compare and contrast the effects of marijuana, opioids, prescription medication, over-the-counter medications, and other drugs to the effect of alcohol in relation to the driving task.

DE.35

Describe the synergistic effects of combining alcohol with over-the-counter medications or other drugs.

DE.36

Identify state laws and consequences of driving under the influence of alcohol and/or drugs (e.g., driving under the influence (DUI), Implied Consent, Zero Tolerance).

DE.37

Explain how body weight, quantity and type of food, rest, and amount of alcohol consumed may affect one's driving ability in different ways at different times.

DE.38

Identify the magnitude of alcohol and/or drug related collisions involving vehicles or vehicle/pedestrians at the local, state, and national levels.

Distracted Driving DE.39 Identify and explain behaviors inside the vehicle that are distracting to the driver, the consequences of these behaviors, and how to manage and reduce these distractions.

DE.40

Research and identify the magnitude of distracted driving accidents at the local, state, and national levels.

DE.41

Demonstrate an understanding of and comply with state laws regarding the use of electronic devices when driving.

Legal Responsibilities DE.42 Identify and explain the legal requirement for owning and operating a vehicle (i.e., registration, titling, licensing, insuring, annual inspection, and legally equipping a vehicle.)

DE.43

Demonstrate knowledge of traffic laws and recognize the importance and necessity of supporting and observing laws.

DE.44

Identify, explain, and obey all highway signs, signals, and roadway markings.

DE.45

Explain the rights and responsibilities of other roadway users (i.e., pedestrians, bicyclists, motorcyclists, and ATV operators).

DE.46

Explain the Good Samaritan Law.

DE.47

Explain the legal requirements pertaining to the reporting of traffic collisions.

DE.48

Demonstrate how to respond to an officer during a vehicular or other stop during a police interaction, including problematic or dangerous action and behaviors that could result in a person being detained or arrested.

DE.49

Describe the process for obtaining a driver’s license in West Virginia according to graduated driver licensing requirements.

DE.50

Understand and utilize legal resources available to drivers including WV Code and the West Virginia Driver Licensing Handbook.

Travel, Ownership, and Maintenance DE.51 Use technology to demonstrate competence in the process of trip planning (e.g., budget, route planning, map reading, and navigation systems).

DE.52

Use technology tools to demonstrate the financial implications of owning, purchasing, or leasing vehicles, comparing insurance and maintenance costs.

DE.53

Utilize software applications that enhance the driving experience, safety, and vehicle ownership.

DE.54

Identify and explain preventive maintenance checks for efficiently operating a vehicle.

DE.55

Identify and explain the signs/symptoms which indicate vehicle malfunctions and demonstrate knowledge to assess problems associated with these malfunctions (e.g., flat tire, dead battery, lack of windshield wiper fluid).

DE.56

Describe the print, online resources, and process of evaluating new/used vehicles.

DE.57

Identify the relationship of the human, environmental, and vehicular aspects of the highway transportation system (e.g., fuel efficiency, disposal of waste products, carbon monoxide poisoning).

Series 044I West Virginia College- and Career-Readiness Standards for the Arts (Policy 2520.9)

W. Va. Code R. § 126-44I-1 General

1.1. Scope. -- W. Va. 126CSR42, West Virginia Board of Education (WVBE) Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.9 defines the Arts content standards as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5 and 18-2-9.

1.3. Filing Date. -- June 11, 2025.

1.4. Effective Date. -- July 12, 2025.

1.5. Repeal of a Former Rule. -- This rule amends W. Va. Code 126CRS44I, Policy 2520.9, West Virginia College- and Career-Readiness Standards for the Arts (Policy 2520.9).

W. Va. Code R. § 126-44I-2 Purpose

2.1. This rule defines the content standards for the program of study required by Policy 2510 in areas of dance, music, theatre, and visual arts. These content standards must be met on or before July 1, 2026, for utilization during school year 2026-2027.

W. Va. Code R. § 126-44I-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards (WVCCRS) for the arts is attached and incorporated by reference into this rule. Copies may be obtained from the Office of the Secretary of State or the West Virginia Department of Education.

W. Va. Code R. § 126-44I-4 Summary of the Content Standards

4.1. The WVBE has the responsibility for establishing high-quality standards pertaining to all education programs pursuant to W. Va. Code §18-2-5. The content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. The document includes content standards for the arts and an explanation of terms.

W. Va. Code R. § 126-44I-5 Severability

5.1. If any provisions of this rule or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of this rule.

Introduction The West Virginia College- and Career- Readiness Standards (WVCCRS) have been developed with the goal of preparing students for a wide range of high-quality postsecondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The WVCCRS establish a set of knowledge and skills that all individuals need to transition into higher education or the workplace, as both realms share many expectations. All students throughout their educational experience, should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

WVCCRS for the Arts promote proficiency in performing a range of material or creating two- or three– dimensional artworks, analyzing and processing feedback, the application of verbal and non-verbal communication, and integrity in responsible collaboration with peers. Students will develop problem solving and critical thinking skills independently and collaboratively as they engage in the common domains of the Arts – create, connect, explore, perform, relate, respond, and others germane to specific arts disciplines. College- and career-readiness is supported in the arts as students acquire and further develop abilities to become creators, consumers and advocates of the arts.

Explanation of Terms Domains are the broad components that make up a content area, e.g., create, connect, explore, perform, relate, and respond are domains found in all arts disciplines.

Create - In the arts, to create is to generate, conceptualize, and express artistic ideas and work. It can include a performance, a composition, and/or a two- and three- dimensional piece of art.

Connect - In the arts, to connect is to synthesize and relate knowledge and experiences to make art. It can include relating artistic ideas and works with societal, cultural, and historical context to deepen understanding.

Explore - In the arts, to explore is to study, analyze, experience, describe and interpret arts disciplines.

Perform - In the arts, to perform is to interpret, develop and refine artistic ideas and works for presentation and study. It can include individual and group efforts.

Relate - In the arts, to relate is to understand the relationship of a single arts discipline to other arts disciplines, other disciplines outside the arts, and to a variety of cultures and historical periods.

Respond - In the arts, to respond is to perceive, interpret, and analyze artistic work, giving it meaning. It can include applying criteria to evaluate artistic work.

Other domains specific to theatre and visual art are: Theatre - scriptwriting, acting, technical theatre, directing, and Visual Art – media, techniques and processes, elements of art and principles of design, subject matter, symbols, and ideas, art history, reflection, analysis, and multi-disciplinary connections. These content-specific domains are featured in chart form at the beginning of standards in which they appear.

Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

Numbering of Standards The numbering for each standard is composed of three or four parts, each part separated by a period: the content area code (e.g., MU for Music). the grade level or high school content area, the course level (when applicable), and the standard.

Illustration: MU.K-2.1 refers to General Music, grades K-2, standard 1 MU.B.3.22 refers to Band, level III, standard 22.

Abbreviations MU – Music VA – Visual Art DA - Dance TH – Theatre The following four arts disciplines are:

Music education Music education provides students with opportunities to explore the world of music through singing, playing instruments, moving, and listening, and to develop skills to perform, create, and appreciate music. Civic literacy is developed in music education through the study of patriotic and folk music. In addition, global awareness will be introduced to the student through experiencing the music of other cultures. Collaboration skills will be emphasized as students learn to perform with others in various ensembles. Critical-thinking skills will be sharpened as students actively listen and respond to what they hear. Creativity and problem-solving skills will be developed through simple composition and improvisation. Students will relate music to other disciplines, including literature, math, science, and visual art.

Visual Art education The study of visual art provides students with the skills to appreciate and create visual art. In visual art, students explore the world of art through subject matter that centers on the student’s own environment, allowing them to express feelings and ideas using a variety of media and tools. Communication skills are developed as students discover how to communicate through art and to discuss their own creations. Technical expertise is honed as they learn to use tools properly for drawing, painting, printing, and sculpture. As they develop their artistic sensibilities, students will build upon their knowledge of the elements and principles of visual art to investigate more complex concepts of artistic design. Civic literacy is developed as subject matter expands from personal to the community, environment, nature, and other cultures, and as an understanding of connections between the arts and other disciplines is formed.

Dance education The study of dance provides students with the skills to perform, create, and appreciate dance. Students will experience a variety of dance concepts, ideas, and techniques. Advancing personal knowledge of a variety of dance concepts, ideas, and techniques, allows students to develop as dance artists. In dance education, students evaluate personal actions, commitment, and discipline necessary to achieve dance goals while discovering an individual voice as an artist performer. Health literacy is developed as students identify strategies and approaches which can ensure the health and care of the dancer’s instrument (body). Civic literacy is developed as students explore the influence of culture, historical period, and context on the creation and interpretation of dance.

Theatre education The study of theatre provides students with the skills to perform, create, and appreciate theatre. In theatre, students study, adapt, and create stories for performance; identify contemporary styles of theatre/drama and depict characters in them; identify elements of technical theatre; and demonstrate technical theatre knowledge and skills. Communication and collaboration skills are developed as students discuss multiple interpretations for production ideas and collaborate to uncover how the non-dramatic art forms enhance a theatre production. Through exploration of diverse texts, students will study the influence of culture, historical period, and context on the creation and interpretation of theatre.

General Music - Grades K-8 The sequential program of music study will include, but is not limited to, general music instruction for kindergarten through eighth grade. Sufficient time should be allotted for students to achieve the General Music Standards. A quality music program brings richness to the school curriculum; therefore, it is recommended that schools provide more than a sufficient amount of time for the delivery of the music curriculum. The standards are written to maximize teacher flexibility and creativity in delivering quality music instruction to all students.

Sing, alone and with others, a varied repertoire of music.

Read and notate music Listen to, analyze, and describe music Improvise melodies, variations, and accompaniments.

Understand relationships between music, the other arts, and disciplines outside the arts.

General Music - Grades K-2 In General Music - K-2, students will explore the world of music through singing, playing instruments, moving and listening. They will develop a beginning recognition of simple music notation and an awareness of the singing voice. Opportunities will be provided to sing patriotic and folk songs that support civic literacy. In addition, global awareness will be introduced to the student through experiencing the music of other cultures. Collaboration skills will be emphasized as students begin to sing and perform on instruments with others. Critical-thinking skills will be sharpened as students actively listen and respond to what they hear. Creativity and problem-solving skills will be developed through simple composition and improvisation. Students will begin relating music to other disciplines, including literature, math, science, social studies, wellness, and visual art.

MU.K-2.1

Participate in a variety of singing.

MU.K-2.2

Demonstrate beginning rhythmic and melodic comprehension through imitating and performing basic patterns.

MU.K-2.3

Communicate by moving expressively to various musical selections, while maintaining elements such as tempo, form, instrumentation, and pitches.

MU.K-2.4

Perform an accompaniment (e.g., rhythm, melodic instruments, or body percussion).

MU.K-2.5

Discover and begin to demonstrate knowledge of music contrasts in musical selections from a variety of cultures with appropriate guidance (e.g. high/low, beat, fast/slow, melodic contour, tonality/timbre, and meter).

MU.K-2.6

Analyze selected music; read and perform rhythmic and/or melodic patterns using iconic or standard notation.

MU.K-2.7

Identify musical instruments visually and aurally, from a variety of ensembles and cultures.

MU.K-2.8

The teacher will introduce and discuss appropriate musical terminology (e.g. dynamics, tempo, expression and general music theory).

MU.K-2.9

Explore and/or create musical ideas through a variety of medium, with appropriate guidance.

MU.K-2.10

Explain and/or demonstrate musical ideas/devices that represent expressive intent.

MU.K-2.11

Explain and demonstrate how personal interests and experiences influence musical selection for specific purposes.

MU.K-2.12

Sing, perform, and relate West Virginia songs to West Virginia history and West Virginia geography.

MU.K-2.13

Demonstrate understanding of relationships between music and other arts, other disciplines, varied contexts, and daily life.

MU.K-2.14

Evaluate live or recorded musical performances through active listening, using personal and expressive preferences.

General Music - Grades 3-5 In General Music 3-5, students will develop further independence in the use of the singing voice. Terms will be added to the basic music vocabulary for continued music literacy. Through the use of the voice, classroom instruments, and body percussion, students’ creativity and problem-solving skills will be further developed as they improvise and compose rhythms and melodies. Critical thinking skills will be refined by evaluating personal musical performances and the performances of others. Global awareness will be expanded through performing and listening to music of other cultures. Students will continue to collaborate with others in classroom ensembles. Students will relate music to other disciplines by singing songs in foreign languages and examining the correlation of music with history and visual art.

MU.3-5.1

Demonstrate singing a variety of musical styles.

MU.3-5.2

Demonstrate understanding of the structure and the elements of music (e.g., rhythm, pitch, form, and harmony) in music for selected performances.

MU.3-5.3

Read and perform music using standard notation.

MU.3-5.4

Demonstrate a variety of tempi and form through movement.

MU.3-5.5

Perform music following the cues of a conductor.

MU.3-5.6

Demonstrate and explain intent through interpretive decisions and expressive qualities (e.g., dynamics, tempo, timbre, and articulation/style).

MU.3-5.7

Increase aural and visual skills by identifying musical instruments, vocal timbres, and music ensembles from a variety of cultures.

MU.3-5.8

Demonstrate understanding of musical concepts through the use of standard and/or iconic notation and/or recording technology.

MU.3-5.9

Read and notate from treble and bass clefs, based on appropriate musical development.

MU.3-5.10

Discover a variety of expressive qualities (e.g., dynamics, phrasing, articulation, form, and tempo) relating to musical performance.

MU.3-5.11

Analyze and understand appropriate tone production for instruments and voices.

MU.3-5.12

Improvise rhythmic, melodic, and harmonic ideas, and explain connections to specific purpose and context (e.g., social, cultural, and historical).

MU.3-5.13

Generate musical ideas (e.g., rhythms, melodies, and accompaniment patterns) within specific related tonalities, meters, and simple chord changes.

MU.3-5.14

Create rhythmic and melodic ideas based on varied music forms.

MU.3-5.15

Demonstrate and interpret the influence of personal enjoyment, interest, knowledge, context, and technical skill on music selection.

MU.3-5.16

Relate contextual influence (e.g., social, cultural, and historical) to music performances.

MU.3-5.17

Expand civic literacy skills and exposure to history by performing, experiencing, and relating American and West Virginian musical selections to other disciplines.

MU.3-5.18

Compare and contrast personal and expressive preferences in the evaluation and active listening of music for specific purposes, citing evidence from the elements of music.

MU.3-5.19

Apply teacher-provided, collaboratively developed, and/or established criteria and feedback to evaluate accuracy of ensemble and personal performances.

MU.3-5.20

Demonstrate connections between music and other arts, other disciplines, varied contexts, and daily life.

MU.3-5.21

Explore life skills relevant to musical careers.

General Music - Grades 6-8 In General Music – 6-8, students will continue to build proper singing technique. Student creativity and problem-solving will be demonstrated through interpretation, improvisation, and composition of music. Students will increase their civic literacy through singing both patriotic songs and the songs of West Virginia. Global awareness will be further expanded through performing and listening to music of other cultures. Students will explore the role of the musician in society and careers in music. Students will relate music to other disciplines through the study of acoustics and the study of history as it relates to the evolution of musical style.

MU.6-8.1

Perform vocal or instrumental melodies, including various tonalities and voicings.

MU.6-8.2

Play and identify major/minor chords MU.6-8.3 Perform, explore, and characterize music in a variety of styles and genres, (e.g., classical, global, or jazz).

MU.6-8.4

Aurally identify soprano, alto, tenor, and bass voices.

MU.6-8.5

Aurally distinguish between major and minor tonalities.

MU.6-8.6

Visually and aurally identify musical instruments.

MU.6-8.7

Read rhythmic patterns in multiple meters (e.g., 2/4, 4/4, 3/4, and 6/8).

MU.6-8.8

Read notation for bass and treble clef, including grand staff notation.

MU.6-8.9

Follow a music score identify common musical symbols, terms, and form.

MU.6-8.10

Evaluate vocal and instrumental performances.

MU.6-8.11

Improvise various rhythmic patterns and forms using assorted percussion instruments (e.g., drum circle or percussion ensemble).

MU.6-8.12

Compose a piece in 2/4, 3/4, 4/4, or 6/8 meters with an established rubric based on standards mastery.

MU.6-8.13

Improvise various melodic patterns and forms using melodic musical instruments and teacher-created criteria.

MU.6-8.14

Develop civic literacy by singing and relating West Virginia songs to West Virginia history and geography.

MU.6-8.15

Discuss the evolution of musical styles, including relationships to historical events.

MU.6-8.16

Explore the science of acoustics.

MU.6-8.17

Use information and current technology to explore the financial, economic, business, and entrepreneurial aspects of music careers.

MU.6-8.18

Discuss and demonstrate social responsibility through appropriate performer and audience behavior in a given setting.

The following music courses are arranged by level. Levels identify mastery of standards. Some students may need to spend additional time in one or more level(s). Counties may continue to offer individual courses for each grade in 6-8, 9-12 and lower levels where appropriate.

ANCILLARY

Ancillary Standards provide opportunities for students in grades K-12 to experience making and creating music beyond the traditional choral, instrumental, and string electives. Opportunities prevail to provide instruction in specific instruments or the creation of ensembles which can be characteristic of cultures, genres, and styles. Previous standards in piano and guitar provided a blueprint for these ancillary standards.

A variety of non-traditional ensembles having a proprietary definition can surface. These are called X-Ensembles. Examples of X-Ensembles include, but are not limited to: rock band, steel band, handbells, percussion ensembles, Orff ensembles, ukulele ensembles, mariachi band, bluegrass band, strolling strings, world music, and ethnic music ensembles.

The Ancillary Standards include Guitar, Piano, and X-ensembles.

Perform a varied repertoire of music alone, and with others.

Listen to, analyze, and describe music.

Understand relationships between music, the other arts, and disciplines outside the arts.

Introduction to Instrumental Music Grades 6-8 All West Virginia teachers are tasked with delivering classroom instruction that effectively integrates content standards, learning skills, and technology. In the introductory courses for guitar, piano, and x-ensemble, students will commence their study of these instruments. They will begin to learn and practice playing techniques, as well as the correct positions for hands, wrists, and embouchure. Additionally, students will explore the fundamental functions of the instruments they are studying, which will enable them to pursue further in-depth classes.

MU.IM.6-8.1

Demonstrate proper playing posture, hand position, and embouchure (if applicable).

MU.IM.6-8.2

Produce a clear, consistent, and characteristic tone on their instrument.

MU.IM.6-8.3

Perform major scales (up to 4 sharps and flats) and simple chromatic scales accurately and fluently.

MU.IM.6-8.4

Demonstrate appropriate use of legato, staccato, slurs, and accents.

MU.IM.6-8.5

Perform rhythms using whole, half, quarter, eighth, and sixteenth notes, including dotted rhythms and syncopation.

MU.IM.6-8.6

Read and interpret standard musical notation, including pitches, rhythms, dynamics, articulations, and key/time signatures.

MU.IM.6-8.7

Successfully sight-read music at an appropriate level of difficulty.

MU.IM.6-8.8

Identify and respond to dynamics, phrasing, balance, and tempo in rehearsal and performance settings.

MU.IM.6-8.9

Understand and use basic music terms and symbols (e.g., crescendo, fermata, D.C. al Fine).

MU.IM.6-8.10

Create a simple composition utilizing a combination of melody, chords, and rhythm, depending on the instrument.

MU.IM.6-8.11

Notate a composition in an appropriate manner for the instrument.

MU.IM.6-8.12

Demonstrate the ability to apply expressive elements to a given composition.

MU.IM.6-8.13

Investigate music from diverse cultures, identifying characteristic instruments, rhythms, and melodies, and explaining their cultural significance.

MU.IM.6-8.14

Compare and contrast musical genres and styles across different time periods, recognizing key elements that define each genre and their historical or cultural contexts.

MU.IM.6-8.15

Investigate how sound is produced, transmitted, and perceived, connecting concepts of pitch, volume, and timbre to the mechanics of musical instruments and the human voice.

Guitar Level I - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. In Guitar Level I, students will begin a basic study of guitar. Students will learn the correct wrist, hand, and body positions; block and broken chord patterns; cadences using I, IV, and V chords; and simple pieces. Sight-reading rhythms and notes in treble clef will be practiced and evaluation skills will be developed.

MU.AG.1.1

Maintain a steady beat.

MU.AG.1.2

Demonstrate correct hand and body positions to play guitar.

MU.AG.1.3

Show appropriate tuning techniques.

MU.AG.1.4

Perform basic strumming and plucking techniques for chords and melodies.

MU.AG.1.5

Perform chords in a variety of major and minor keys in I-IV-V progressions.

MU.AG.1.6

Perform basic songs, including fingerpicking of melodies and appropriate chordal accompaniment of a melody, in meters of 2, 3, and 4.

MU.AG.1.7

Read a variety of notation to include chord charts, standard notation, and tablature, in a variety of keys and meters.

MU.AG.1.8

Interpret a variety of symbols: repeat signs, multiple endings, D.S. or D.C. al fine, ties, dynamic abbreviations, fermata, and double bar.

MU.AG.1.9

Play and sing melodies from a lead sheet while performing chordal accompaniment.

MU.AG.1.10

Identify the parts of the guitar.

MU.AG.1.11

Listen to and analyze a piece of music using appropriate vocabulary while examining form, dynamics, tempo, range, tonality, modulations, dynamics, and tone.

MU.AG.1.12

Evaluate student performances.

MU.AG.1.13

Improvise rhythmic and melodic variations.

MU.AG.1.14

Improvise a chordal accompaniment up and down strokes.

MU.AG.1.15

Identify prolific classical guitarists and discuss their technique using appropriate vocabulary.

MU.AG.1.16

Research the global origin of the guitar and related instruments.

MU.AG.1.17

Research and identify exemplary guitar technique across a variety of styles.

MU.AG.1.18

Describe how sound is produced on a string instrument and relate this to the science of acoustics.

Guitar Level II - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. In Guitar Level II, students will continue the study of guitar. Students will refine playing techniques, practice major and minor scales and cadences, and compose a melody with accompaniment. Music reading and evaluation skills will be expanded. The various roles of guitar and guitarists will be examined.

MU.AG.2.1

Refine and expand playing techniques (e.g. hammer on, pull, bend, harmonics, tremolo, mute and finger picking).

MU.AG.2.2

Expand use of different key signatures, meters, tempi, and contrasting dynamics.

MU.AG.2.3

Perform songs outside the basic I-IV-V chord progressions that use more advanced chords.

MU.AG.2.4

Refine performance of ensemble playing (e.g. plucking duets or trios).

MU.AG.2.5

Expand reading and notation skills, including chord charts, tablature, and standard notation.

MU.AG.2.6

Define music notation symbols: tempi, fermata, accents, tempo change, and dynamics (e.g. accelerando, crescendo, and decrescendo).

MU.AG.2.7

Sight read melodies and chords in major and minor keys.

MU.AG.2.8

Play familiar melodies by ear.

MU.AG.2.9

Improvise melodies to a given chordal accompaniment. Discuss how the elements of music compare with those of other arts.

MU.AG.2.10

Create an advanced strumming pattern (including down and up strums, and mutes) to accompany a familiar melody.

MU.AG.2.11

Transpose a familiar melody and chord progression into a different key signature.

MU.AG.2.12

Discuss guitar works that have been inspired by works of visual art.

MU.AG.2.13

Identify and compare musical characteristics of a variety of genres, styles, historical periods, and cultures.

MU.AG.2.14

Research a piece of well-known classical guitar literature and its composer.

MU.AG.2.15

Listen to and discuss West Virginia guitarists (e.g. Ryan Kennedy, Kathy Mattea, Brad Paisley, and Bill Withers).

MU.AG.2.16

Compare guitar techniques to those of other string instruments (e.g. ukulele, mandolin, dobro, and lute).

Piano Level I – Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Level I piano standards are written for students beginning the basic study of the piano. Typically, these students have never studied an instrument or have had minimal musical training. Students learn correct wrist, hand, and body positions in playing major scales, block and broken chord patterns, cadences using I, IV, and V chords, and simple pieces. Students accompany simple melodies with broken chords. Sight-reading in treble and bass clefs are practiced and self-evaluation skills are developed.

MU.AP.1.1

Maintain and demonstrate a steady beat.

MU.AP.1.2

Demonstrate and maintain correct hand and body positions to play piano.

MU.AP.1.3

Perform and demonstrate repertoire at a beginner level, which includes block and broken chord patterns, major scales, contrasting dynamics, chordal accompaniment, dynamic changes, simple duets, and a variety of articulations (staccato, legato, etc.)

MU.AP.1.4

Perform and demonstrate a variety of rhythmic patterns in tempo, including (but not limited to) whole, half, quarter, eighth notes and rests, and their dotted forms.

MU.AP.1.5

Identify notes in the grand staff.

MU.AP.1.6

Read and notate a variety of rhythms in a variety of meters, including 2/4, 3/4, and 4/4.

MU.AP.1.7

Visually identify stepwise motion, motion, and a variety of key signatures.

MU.AP.1.8

Identify and discuss a variety of music components and nuances including bar lines, measures, accidentals, repeat signs, phrase markings, D.C. al fine, D. S., and the physical structure and function of the piano.

MU.AP.1.9

Sight read simple melodies and rhythms.

MU.AP.1.10

Evaluate aspects of their own performance (e.g. correct pitch, rhythm, and/or dynamics).

MU.AP.1.11

Harmonize a simple melody using I, IV, and V7 chords and rhythm.

MU.AP.1.12

Improvise a short melody within teacher-given criteria.

MU.AP.1.13

Compose and create a block chord accompaniment using I, IV, and V7 chords.

MU.AP.1.14

Discuss the science of acoustics in relation to the piano (e.g., different lengths of strings and different thicknesses of strings produce different pitches).

MU.AP.1.15

Research the history of the piano and related instruments.

MU.AP.1.16

Discuss and exhibit responsibility through appropriate rehearsal and concert etiquette for the performer and audience member.

MU.AP.1.17

Discuss whether the piano is a member of either the percussion, string, or the chordophone family.

Piano Level II – Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Level II piano standards are written for students continuing the study of piano. Students refine playing techniques, practice major and minor scales and cadences, and compose a melody with accompaniment. Music literacy and evaluation skills are expanded. Various roles of keyboard musicians are examined.

MU.AP.2.1

Expand beyond level one skills to include rhythms with sixteenths, dotted quarters, and related rests; block and broken chord patterns and chordal accompaniments in additional key signatures, and major scales in additional key signatures.

MU.AP.2.2

Expand use of contrasting dynamics (e.g. mezzo piano, fortissimo, and sforzando).

MU.AP.2.3

Perform using the damper pedal in legato passages.

MU.AP.2.4

Explore the performances of piano duets.

MU.AP.2.5

Interpret fermatas, accents, and tempo markings (e.g. “adagio” or quarter note =60).

MU.AP.2.6

Read and demonstrate basic syncopation.

MU.AP.2.7

Expand sight-reading skills, using both hands together at an appropriate level of difficulty.

MU.AP.2.8

Improvise a simple melody over given I, IV, and V7 chords with teacher-created criteria.

MU.AP.2.9

Continue to accompany melodies using I, IV, and V7 chords in different keys.

MU.AP.2.10

Compose a short melody using proper phrase structure (antecedent/consequent) and phrase techniques.

MU.AP.2.11

Explore community opportunities for pianists using technology.

MU.AP.2.12

Identify and discuss various roles that keyboard musicians perform.

MU.AP.2.13

Research electronic keyboards/synthesizers and the role they play in popular music.

MU.AP.2.14

Compare and contrast the characteristics of a piece of piano music and another art form including the basic content of each (e.g., unity, variety, repetition and contrast).

Piano Level III – Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Level III piano standards are written to continue the refinement of playing and sight-reading skills. Students explore accompaniments and compositions in major and minor keys, extend evaluation, improvisation and composition skills and explore West Virginia pianists and composers. Students investigate relationships between piano literature and visual art.

MU.AP.3.1

Continue to refine major scales and arpeggios by increasing tempo and extending to two octaves.

MU.AP.3.2

Perform and demonstrate minor scales and chords.

MU.AP.3.3

Perform and demonstrate pieces in both major and minor keys that include a wide variety of rhythms and dynamic ranges.

MU.AP.3.4

Perform and demonstrate a graded solo.

MU.AP.3.5

Sight-read at an appropriate level.

MU.AP.3.6

Listen to, study, analyze and discuss piano works in different styles and genres, with particular regard to musical form (e.g. rondo, AB form, and/or piano sonata).

MU.AP.3.7

Rotate key signatures in order of sharps and flats.

MU.AP.3.8

Play cadences including I, IV, and V chords in all studied major keys.

MU.AP.3.9

Evaluate and analyze their own musicianship to include phrasing, dynamics, rhythm, articulation, expression, and technique.

MU.AP.3.10

Transpose by notating a simple piece in a closely related key.

MU.AP.3.11

Continue to refine reading ornamental markings (e.g. grace notes, trill, turn, and/or appoggiatura).

MU.AP.3.12

Collaborate to compose a piece of music incorporating correct phrases, I, IV, V cadences, within a given form with teacher-created criteria.

MU.AP.3.13

Improvise short melodies including steps and skips over specified chord progressions with teacher-created criteria.

MU.AP.3.14

Play and demonstrate cadences using major/minor I, IV, V, and I chord patterns and improvise over such cadences.

MU.AP.3.15

Compose and create a short melody and experiment with variations on such melody.

MU.AP.3.16

Compose and create an individual work within specified guidelines with teacher-created criteria.

MU.AP.3.17

Relate musical styles/genres to periods and events in music history.

MU.AP.3.18

Discuss piano works that have been inspired by works of visual art.

MU.AP.3.19

Listen to and discuss West Virginia pianists/composers, (e.g., George Crumb, David Williams, and/or Bob Thompson).

MU.AP.3.20

Compare and contrast piano techniques to those of other keyboard instruments (e.g., organ, electronic keyboards, and/or celesta).

MU.AP.3.21

Research a piece of piano music and the composer (e.g. motive and/or inspiration behind composing the piece).

X-Ensemble Level I - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Level I X-Ensemble standards are written for beginning study of basic skills and techniques. Students build good techniques, practice scales, and cadences; explore reading rhythms and notation; and perform basic accompaniments. Music literacy and evaluation skills are expanded. The various roles of musicians are explored and identified.

MU.AX.1.1

Maintain and demonstrate a steady beat in performance and practice.

MU.AX.1.2

Demonstrate and maintain correct posture and body positioning.

MU.AX.1.3

Perform and demonstrate a variety of repertoire including contrasting dynamics, tempi, and rhythms in simple meter.

MU.AX.1.4

Cultivate good tone quality specific to their instrument.

MU.AX.1.5

Identify notes in the grand staff.

MU.AX.1.6

Read and notate a variety of rhythms in mixed meters.

MU.AX.1.7

Visually and aurally identify different types of melodic motion and harmonic texture.

MU.AX.1.8

Identify and discuss a variety of notation elements, including bar lines, measures, accidentals, key signatures, phrase markings, repeat signs, D.C. al fine, D.S., and coda.

MU.AX.1.9

Sight read appropriate literature.

U.AX.1.10

Analyze aspects of their own performance (e.g. correct rhythms, pitch, and dynamics).

MU.AX.1.11

Improvise rhythmic and melodic variations with teacher-created criteria.

MU.AX.1.12

Improvise an accompaniment for a familiar melody with teacher-created criteria.

MU.AX.1.13

Identify standout players of their instrument.

MU.AX.1.14

Research the origin of their instrument and related instruments.

MU.AX.1.15

Research and/or collect examples of exemplary instrumental technique across a variety of styles.

MU.AX.1.16

Describe how sound is produced on their instrument and relate this to the science of acoustics.

X-Ensemble Level II – Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Level II X-Ensemble standards are written for students continuing the study of the ensemble beyond entry level to a higher (advanced) level. Students refine their playing technique, practice major and minor scales and cadences, and compose basic melodies and accompaniments. Music reading and evaluation skills are expanded as appropriate. The various roles of musicians are examined.

MU.AX.2.1

Expand rhythmic knowledge beyond level one skills to include syncopation.

MU.AX.2.2

Expand use and knowledge of contrasting dynamics and dynamic changes.

MU.AX.2.3

Perform and interpret more advanced meters including compound and mixed.

MU.AX.2.4

Refine performance skills with proper posture and technique.

MU.AX.2.5

Expand reading and notation skills on the grand staff.

MU.AX.2.6

Interpret more advanced notational symbols (e.g. fermata, accents, tempo change and dynamic changes).

MU.AX.2.7

Refine sight reading skills.

MU.AX.2.8

Improvise and/or compose a melody to match a chordal accompaniment using familiar melodic and rhythmic patterns.

MU.AX.2.9

Discuss pieces of music that have been inspired by works of visual art.

MU.AX.2.10

Relate musical style genres to periods and events in history.

MU.AX.2.11

Research a piece of well-known literature and its composer, investigating the compositional motives and intention.

MU.AX.2.12

Listen to and discuss West Virginia musicians such as Hazel Dickens, Brad Paisley, and Kathy Mattea.

MU.AX.2.13

Compare techniques to those of similar instruments.

Band Levels I-II-III Grades 6-12 The sequential program of band will include three levels of instrumental music study. Sufficient time should be allotted for students to achieve the band standards at each level. Outstanding music programs bring richness to the school curriculum; therefore, it is highly recommended that schools provide more than a sufficient amount of time for the delivery of the instrumental music curriculum. The standards are written in a way to maximize teacher expertise on band instruments and creativity in delivering quality instruction.

Listen to, analyze, and describe music Understand the relationship between music, the other (strings) arts, and disciplines outside the arts.

Band Level I - Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In Band – Level I, students will begin a basic and introductory study of a band instrument. These students are at the elementary school level, but due to delayed entry into band or differences in scheduling, they could be at the middle or high school level. Students will learn basic playing skills and performance criteria and will begin exploring relationships between music and other disciplines.

MU.B.1.1

Show proper instrument assembly, maintenance, hygiene and cleaning.

MU.B.1.2

Perform beginning level music demonstrating appropriate pitch, rhythm, tone quality, intonation, and technique.

MU.B.1.3

Perform beginning level music while demonstrating rhythm, melody, and harmony.

MU.B.1.4

Demonstrate music reading skills where appropriate.

MU.B.1.5

Identify and demonstrate expressive qualities through performance.

MU.B.1.6

Critique using self-reflection and peer review to refine performance.

MU.B.1.7

Demonstrate an awareness of technical, expressive, and contextual qualities through performance.

MU.B.1.8

Play scales and melodies in appropriate keys.

MU.B.1.9

Identify characteristic tone quality of instruments used in the ensemble.

MU.B.1.10

Demonstrate a working knowledge of basic music theory skills including appropriate written notation, rhythm, and form.

MU.B.1.11

Interpret expressive symbols (e.g. phrase markings, dynamics, articulation, and/or tempo).

MU.B.1.12

Describe how understanding context and the way the elements of music are manipulated influence the response to music.

MU.B.1.13

Analyze individual and group performances.

MU.B.1.14

Demonstrate how knowledge of the characteristics of the music influences the context of the performance.

MU.B.1.15

Improvise, compose, or arrange music within specified guidelines.

MU.B.1.16

Share personally developed melodic and rhythmic ideas individually or as an ensemble.

MU.B.1.17

Play and embellish rhythmic and melodic patterns within a given meter and tonality.

MU.B.1.18

Create a response to rhythmic and melodic patterns performed by the teacher.

MU.B.1.19

Relate rhythmic subdivision to simple mathematics.

MU.B.1.20

Demonstrate an awareness of musical context through prepared and improvised performances.

MU.B.1.21

Identify and describe the effect of music through experience, analysis, and evaluation.

MU.B.1.22

Develop civic and global understandings through patriotic, world, and folk songs.

MU.B.1.23

Discuss social responsibility through appropriate audience behavior.

Band Level II – Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards and learning skills, and technology tools. In Band – Level II, students will advance beyond the beginning study of a band instrument. These students are at the middle school level, but some may be advanced elementary students or high school students who have not progressed to an advanced level. Students will continue to develop basic playing skills. They will learn additional notes, fingerings and more rhythmic variations in notation. Students will further develop articulation, rhythmic interpretation, and self-evaluation skills. Students will learn basic ensemble techniques and sight-reading.

MU.B.2.1

Demonstrate characteristics of proper ensemble playing, (e.g., balance, blend, intonation and posture).

MU.B.2.2

Perform graded band music using proper expression, articulation, tone production, and posture.

MU.B.2.3

Play music in a variety of tonalities, utilizing major, minor, and chromatic scales.

MU.B.2.4

Demonstrate an understanding of expressive intent by connecting with an audience through prepared and improvised performances.

MU.B.2.5

Develop accountability and personal productivity through practice habits.

MU.B.2.6

Identify and demonstrate conducting patterns in 2, 3, and 4.

MU.B.2.7

Analyze individual and group performances.

MU.B.2.8

Perform music in simple and compound meters.

MU.B.2.9

Interpret dynamic markings, tempo changes, and musical terminology.

MU.B.2.10

Identify key changes, form, and complex rhythms.

MU.B.2.11

Sight read in major key(s).

MU.B.2.12

Explain how tempo terms relate to metronome markings.

MU.B.2.13

Compose and improvise simple melodies using the first five notes of a major scale.

MU.B.2.14

Create a response to a melodic pattern performed by the teacher.

MU.B.2.15

Improvise a variation on a melody.

MU.B.2.16

Relate rhythmic subdivision to simple mathematics.

MU.B.2.17

Analyze and perform music from different genres, styles, global cultures and historical periods.

MU.B.2.18

Expand civic and global understanding through patriotic selections.

MU.B.2.19

Examine musical careers.

MU.B.2.20

Demonstrate social responsibility through appropriate audience behavior.

Band Level III - Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Level III students will continue to refine playing skills and study various composers, compositions, and styles. These students are at the high school level, but some may be an advanced middle school student. They will learn to play in more keys, use ornamentation, and perform with more articulation and precision. Students will study the formal structures and elements of music and will learn how these are used by composers. Students will learn about the historical context of the music performed, especially American music.

MU.B.3.1

Demonstrate various articulations and ornamentation.

MU.B.3.2

Perform appropriately styled music that exhibits tempo, dynamic, and meter changes.

MU.B.3.3

Perform conducted changes to tempo and style.

MU.B.3.4

Refine ensemble skills through accountability and personal practice habits.

MU.B.3.5

Play and notate major and minor scales and arpeggios up to four sharps and four flats.

MU.B.3.6

Sight-read melodies in major and minor keys up to four sharps and four flats.

MU.B.3.7

Perform a piece using non-standard notation symbols.

MU.B.3.8

Identify and interpret musical symbols, terminology, dynamic changes, and odd and/or mixed meter.

MU.B.3.9

Describe how the elements of music are used in a given work to make it unique while eliciting an emotional response.

MU.B.3.10

Identify counter melodies.

MU.B.3.11

Develop criteria to use when evaluating musical performances.

MU.B.3.12

Self-evaluate and peer-evaluate student performances based upon intonation, articulations, rhythms, and tone quality using provided and self-created rubrics.

MU.B.3.13

Explore various musical selections through analyzing musical era, form, and style.

MU.B.3.14

Create melodic variations on a given melody.

MU.B.3.15

Perform an improvisational solo (e.g., jazz, blues, and aleatoric).

MU.B.3.16

Compose, notate, and perform a melody.

MU.B.3.17

Explain the acoustical properties of particular instruments.

MU.B.3.18

Identify and compare musical characteristics of a variety of genres, styles, historical periods and cultures.

MU.B.3.19

Discuss how the elements of music compare with those of the other arts.

MU.B.3.20

Analyze and explain how the elements of music can be used to evoke feelings.

MU.B.3.21

Determine and list notable American and West Virginia composers and musicians.

MU.B.3.22

Demonstrate social responsibility through appropriate audience behavior in a given setting.

MU.B.3.23

Develop civic literacy through the performance of the National Anthem and other patriotic selections.

Choral Levels I - II - III - Grades 6-12 The sequential program of choral music (choir) will include three levels of study in choral music education. Sufficient time should be allotted for students to achieve the choral standards at each level. Outstanding music programs bring richness to the school curriculum; therefore, it is highly recommended that schools provide more than a sufficient amount of time for the delivery of the choral music curriculum. The standards are written in a way to maximize teacher expertise in singing and choral ensemble pedagogy and creativity in delivering quality instruction.

Sing, alone and with others, a varied repertoire of music.

Listen to and describe music.

Understand the relationship between music, the other arts, and disciplines outside the arts.

Choral Level I - Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In Choral Level I, students will begin the study of voice and choral music. Students will learn basic singing skills and performance criteria and begin exploring relationships between music and other disciplines.

MU.C.1.1

Sing scales and a variety of vocal warm-ups.

MU.C.1.2

Sing music with various dynamic levels.

MU.C.1.3

Sing a variety of repertoire.

MU.C.1.4

Sing with proper vocal technique (e.g., posture, breath support, pitch).

MU.C.1.5

Sing a variety of accents and articulations using different tempos, meters, and phrasings.

MU.C.1.6

Demonstrate proper ensemble singing characteristics (e.g., balance, blend, sense of ensemble, accuracy of pitch, rhythm, and diction).

MU.C.1.7

Develop personal productivity through practice habits.

MU.C.1.8

Read and analyze literature containing various notations, (e.g., rhythms, pitches, clefs, articulations and dynamics).

MU.C.1.9

Identify and analyze various meters, dynamics, rhythm, and tempo markings (basic and syncopated).

MU.C.1.10

Aurally identify major and minor tonalities.

MU.C.1.11

Visually and aurally identify musical phrases and various forms (e.g. AB or ABA).

MU.C.1.12

Aurally identify voice classifications (e.g., soprano, alto, tenor and bass).

MU.C.1.13

Listen to and evaluate models of quality choral performances.

MU.C.1.14

Visually and aurally identify intervals (e.g., steps, skips, and leaps).

MU.C.1.15

Interpret musical symbols (e.g., bar lines, measures, ties, accidentals, fermata, repeat sign, D.C al Fine, D.S. al Fine and multiple endings).

MU.C.1.16

Improvise a melodic or rhythmic response (e.g. call and response).

MU.C.1.17

Create new lyrics for a known melody.

MU.C.1.18

Collaborate to compose a vocal warm-up using teacher-created criteria.

MU.C.1.19

Identify physical and vocal anatomical mechanisms and characteristics of vocal tone production.

MU.C.1.20

Explain how the text affects choral interpretation.

MU.C.1.21

Describe the stylistic differences of selected world choral literature.

MU.C.1.22

Discuss the role of the conductor and accompanist.

MU.C.1.23

Relate note values and meter to mathematical concepts.

MU.C.1.24

Discuss and exhibit responsibility through appropriate rehearsal and concert etiquette.

Choral Level II - Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In Choral Level II, students will advance beyond the beginning study of voice. Students will continue to build on previously studied skills, learn additional choral techniques, and develop more defined singing styles. They will continue to develop an expanded singing range and refine ensemble singing, sight reading, and self-evaluation skills.

MU.C.2.1

Sing a variety of music with more than one voice part that includes a variety of rhythms, meter, dynamics, tempi, articulations, tonalities, and styles.

MU.C.2.2

Sing songs in a variety of world languages.

MU.C.2.3

Sing with emotion and meaning that is consistent with the interpretation of the text.

MU.C.2.4

Refine, apply, and build vocal technique through warm-ups.

MU.C.2.5

Sing a cappella music.

MU.C.2.6

Refine characteristics of ensemble singing, (e.g., balance, blend, styles and intonation).

MU.C.2.7

Develop personal productivity and responsibility through practice habits.

MU.C.2.8

Expand analysis and exploration of various meters, tempo markings and rhythms (e.g., syncopation, and compound meters).

MU.C.2.9

Explain and explore major, minor, and modal tonalities.

MU.C.2.10

Identify and sing intervals from advanced notation (e.g., major, minor, perfect, augmented, and diminished).

MU.C.2.11

Identify and vocally apply musical terms, expression marks, and symbols.

MU.C.2.12

Aurally, visually, and vocally identify the melodic and harmonic parts in a vocal piece.

MU.C.2.13

Sight-sing simple melodies.

MU.C.2.14

Aurally and visually identify musical phrases and forms.

MU.C.2.15

Evaluate and discuss contrasting styles of repertoire.

MU.C.2.16

Evaluate and reflect on the nature of live and recorded rehearsals and performances.

MU.C.2.17

Improvise a melodic or rhythmic response.

MU.C.2.18

Create lyrics for a multi-section song (e.g., AB, ABA) using teacher-created criteria.

MU.C.2.19

Compose a vocal warm-up using teacher-created criteria.

MU.C.2.20

Use information and current technology to explore musical careers.

MU.C.2.21

Discuss the historical and world origins of a choral work.

MU.C.2.22

Discuss vocal anatomy and its role in tone production.

MU.C.2.23

Discuss and exhibit responsibility through appropriate rehearsal and concert etiquette.

MU.C.2.24

Discuss the literary merits of choral texts and the influences on interpretation.

Choral Level III - Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology. Level III students who have progressed through Level II, will continue to refine their singing skills. Students will study various composers, choral literature, and styles. Students will learn to sing using expression and musical nuances while continuing to develop their vocal technique. Students will learn historical contexts of the music being sung and will relate this literature to history and culture.

MU.C.3.1

Demonstrate, apply, and perform proper vocal technique (e.g., tone production, breathing, posture, vowel modification, attacks, releases, natural vibrato and straight tone) through a variety of choral literature in three or more parts.

MU.C.3.2

Perform a wide variety of choral literature with appropriate stylistic interpretation, and proper ensemble techniques (e.g., intonation, balance, and blend).

MU.C.3.3

Expand repertoire including foreign language and world music pieces.

MU.C.3.4

Perform characteristics of ensemble singing (e.g., balance, blend, styles, and expression).

MU.C.3.5

Sing complex repertoire.

MU.C.3.6

Discuss and exhibit responsibility through appropriate rehearsal and concert etiquette.

MU.C.3.7

Sight-sing his/her own part within multi-part score.

MU.C.3.8

Identify melodies, harmonic passages, various meters and voice combinations, and intervallic relationships within a full vocal score.

MU.C.3.9

Analyze and discuss elements of music in a given choral example.

MU.C.3.10

Compare and contrast the various ways voices are combined in given choral works.

MU.C.3.11

Evaluate and critique live and recorded rehearsals and performances.

MU.C.3.12

Analyze and discuss the relationship between the musical elements and emotional responses in a choral work.

MU.C.3.13

Perform and explore compositions that are notated with non-traditional symbols.

MU.C.3.14

Compile a portfolio of performed choral music, musical performances, and a student-generated glossary with teacher-created criteria.

MU.C.3.15

Analyze and discuss a given choral composition using the appropriate musical terminology.

MU.C.3.16

Embellish a known melody with teacher-created criteria.

MU.C.3.17

Improvise a melody with teacher-created criteria.

MU.C.3.18

Create and demonstrate harmonic parts or vocal accompaniments in a variety of musical styles.

MU.C.3.19

Create/compose a multi-part vocal excerpt or warm-up with teacher-created criteria.

MU.C.3.20

Create rhythmic or melodic variations to a known melody with teacher-created criteria.

MU.C.3.21

Use information and communication technology to research musical careers.

MU.C.3.22

Analyze and discuss the historical and cultural significance of a choral work.

MU.C.3.23

Discuss and exhibit responsibility through appropriate rehearsal and concert etiquette.

MU.C.3.24

Compare and contrast choral music with other arts from the same historical style period and global culture.

MU.C.3.25

Create a concert program using designated choral repertoire with teacher-created criteria.

MU.C.3.26

Analyze and discuss how the elements of music and choral text can be used to evoke emotion.

Orchestral Strings Levels I - II - III - Grades 6-12 The sequential program of orchestral strings will include three levels of instrumental music study. Sufficient time should be allotted for students to achieve the orchestral strings standards at each level. Outstanding music programs bring richness to the school curriculum; therefore, it is highly recommended that schools provide more than a sufficient amount of time for the delivery of the instrumental music curriculum. The standards are written in a way to maximize teacher expertise on orchestral string instruments and creativity in delivering quality instruction.

Listen to, analyze, and describe music; evaluate music and music performances.

Understand the relationship between music, the other arts, and disciplines outside the arts.

Orchestral Strings Level I - Grades 6 - 12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In Orchestral Strings Level I, students will develop basic playing skills including matching pitch, using appropriate playing posture, proper bow hold and distribution, first position fingerings, left hand shape, resonant arco and pizzicato, and reading musical notation. Students also play legato and non-legato melodies in the keys of D and G major, bowing variations, and rhythms in meters of 2, 3, and 4. Students will participate in the performances in unison, two parts (including rounds), interpret dynamics and symbols such as D.C. al Fine, and demonstrate the ability to evaluate performances.

MU.S.1.1

Match pitches.

MU.S.1.2

Keep a steady beat and perform given rhythms.

MU.S.1.3

Play pizzicato and arco with resonant tone quality.

MU.S.1.4

Demonstrate correct posture and playing position.

MU.S.1.5

Demonstrate proper relaxed bow hold.

MU.S.1.6

Demonstrate proper bow placement, speed, weight, and distribution.

MU.S.1.7

Echo patterns played by the teacher.

MU.S.1.8

Play in two-part rounds in the keys of D and G major.

MU.S.1.9

Play from memory the major scales of D and G.

MU.S.1.10

Play a piece utilizing multiple dynamic levels.

MU.S.1.11

Demonstrate proper left-hand shape including “tunneling” of fingers, and thumb placement, while demonstrating proper left-hand shape.

MU.S.1.12

Identify and perform correct octave intonation.

MU.S.1.13

Demonstrate proper bowing techniques (i.e. detaché, legato, staccato, and two note slurs).

MU.S.1.14

Develops personal productivity through proper practice habits.

MU.S.1.15

Read and write notated music containing whole, half, quarter, eighth, and dotted quarter notes and rests in meters of 2, 3, and 4.

MU.S.1.16

Identify incorrectly played rhythms.

MU.S.1.17

Identify terms and symbols found in written music.

MU.S.1.18

Identify AB and ABA form.

MU.S.1.19

Listen to exemplary models of instrumental performances.

MU.S.1.20

Distinguish between appropriate and inappropriate tone quality and how to make improvements.

MU.S.1.21

Identify and model proper intonation.

MU.S.1.22

Identify octaves and unison passages aurally.

MU.S.1.23

Identify and define: repeat sign, multiple endings, D.C. al Fine, and D.S. al Fine.

MU.S.1.24

Perform and define the following tempo markings: andante, allegro and moderato.

MU.S.1.25

Evaluate individual and group performances.

MU.S.1.26

Create a response to rhythmic patterns performed by the teacher.

MU.S.1.27

Create a response to melodic patterns performed by the teacher.

MU.S.1.28

Relate note values to fractions in math.

MU.S.1.29

Discuss the principles of sound and pitch production on string instruments.

MU.S.1.30

Listen to and perform folk tunes from various global cultures and discuss their cultural backgrounds.

MU.S.1.31

Discuss how music is used in everyday life.

MU.S.1.32

Discuss and demonstrate social responsibility through appropriate audience behavior.

MU.S.1.33

Demonstrate proper concert etiquette.

Orchestral Strings Level II - Grades 6 – 12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In Orchestral Strings – Level II, students will demonstrate characteristics of good ensemble playing while continuing to further develop their own individual playing and listening skills. Students will broaden their skills to a wider range of dynamics, tempi, and meters. Students will play legato and non-legato melodies, two- and three-note slurred staccato, louré, and martelé bowings. Students will study syncopated rhythms and positions other than first. They will become familiar with various periods of music history, play scales and melodies up to 3 sharps and 2 flats, will learn the chromatic scale, and continue to evaluate performances.

MU.S.2.1

Match and perform pitches.

MU.S.2.2

Perform one and two octave scales and arpeggios, including chromatic scales.

MU.S.2.3

Perform melodies up to 3 sharps and 2 flats.

MU.S.2.4

Perform passages containing dotted rhythms, eighth-notes, eighth note triplets, sixteenth notes, and rests in meters, 2, 3, 4, 6 and cut time.

MU.S.2.5

Demonstrate characteristics of balanced ensemble playing.

MU.S.2.6

Perform melodies marked with slurs of three or more notes.

MU.S.2.7

Perform slurred melodies incorporating string crossings.

MU.S.2.8

Identify and demonstrate bow techniques including hooked bows, martelé, louré, and spiccato.

MU.S.2.9

Perform legato and non-legato melodies.

MU.S.2.10

Play syncopated rhythms.

MU.S.2.11

Perform music from various eras.

MU.S.2.12

Demonstrate extended finger positions in the first position.

MU.S.2.13

Perform melodies using chromatic tones.

MU.S.2.14

Perform double stops in first position (omit double bass).

MU.S.2.15

Perform unisons and octaves formed with one open string and one string fingered (third position for upper strings and fourth position for lower strings).

MU.S.2.16

Perform passages utilizing multiple positions.

MU.S.2.17

Interpret music using contrasting dynamics including pp, p, mp, mf, f, and ff.

MU.S.2.18

Demonstrate and apply vibrato using foundational techniques.

MU.S.2.19

Develop accountability and personal productivity through proper practice habits.

MU.S.2.20

Sight-read pieces in major and minor keys up to three sharps and two flats containing various bowings and articulations.

MU.S.2.21

Identify and define the following musical elements in selected repertoire: bowing and articulation, key signature, time signature, rhythmic patterns, and dynamic markings.

MU.S.2.22

Identify and define crescendo, diminuendo, ritardando, sforzando, a tempo, and fermatas.

MU.S.2.23

Identify and define tempos ranging from Largo to Allegro Moderato.

MU.S.2.24

Identify and define the following: introduction and coda.

MU.S.2.25

Identify similar and different phrases and sections.

MU.S.2.26

Identify major and minor melodies presented aurally.

MU.S.2.27

Demonstrate the ability to tune the instrument.

MU.S.2.28

Write major scales based on key signatures up to three sharps and two flats.

MU.S.2.29

List characteristics of balanced ensemble playing.

MU.S.2.30

Evaluate performances based upon intonation, articulations, rhythms, and tone quality.

MU.S.2.31

Critique a performance based upon given and self-created rubrics.

MU.S.2.32

Identify and demonstrate conducting patterns in 2, 3, and 4.

MU.S.2.33

Explain how tempo terms relate to metronome markings.

MU.S.2.34

Improvise a rhythmic variation on a melody.

MU.S.2.35

Improvise a response to a simple melody played by the teacher.

MU.S.2.36

Improvise or notate a musical phrase according to parameters provided by the teacher.

MU.S.2.37

Discuss the differences between various alternative styles of string performance including but not limited to bluegrass, rock, or jazz.

MU.S.2.38

Discuss the art, music, and dance of various periods of music as it relates to the repertoire of that period.

MU.S.2.39

Compare musical phrases to sentences in language arts (e.g. antecedent and consequent phrases).

MU.S.2.40

Discuss and demonstrate social responsibility through appropriate audience behavior.

Orchestral Strings Level III - Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In Orchestral Strings - Level III, students will continue to develop individual playing skills and ensemble skills. They will play scales and melodies in major and minor keys up to five sharps and five flats and utilize the higher positions in their performance. Students will explore and perform chords, arpeggiated chords, and ornamentation. They will learn irregular and changing meters and will expand music vocabulary, demonstrating the interpretation of this vocabulary in their playing. Students will study vibrato and ensemble techniques. They will study the Classical and Romantic periods, twentieth-century music and the use of stringed instruments in American music genres. Students will continue performance evaluation, and emphasis will be placed on listening skills. Students will develop knowledge of music form, genre, history, and musical interpretation.

MU.S.3.1

Perform orchestral and chamber music from various time periods.

MU.S.3.2

Demonstrate characteristics of balanced ensemble playing.

MU.S.3.3

Perform two and three octave scales & arpeggios, including chromatic scales.

MU.S.3.4

Perform melodies up to five sharps and five flats.

MU.S.3.5

Demonstrate the ability to play in multiple positions (beyond third position for upper strings and fourth position for lower strings).

MU.S.3.6

Refine and review proper bowing techniques.

MU.S.3.7

Perform pieces containing irregular and mixed meter.

MU.S.3.8

Perform double stops and three and four note chords.

MU.S.3.9

Perform works that require extended techniques (including col legno, con sordino, etc.).

MU.S.3.10

Demonstrate proper vibrato.

MU.S.3.11

Develop accountability and personal productivity through proper practice habits.

MU.S.3.12

Sight-read music containing contrasting tempos and dynamics up to five sharps and five flats.

MU.S.3.13

Compare, contrast, and evaluate music from various time periods.

MU.S.3.14

Compare and contrast performances of professional ensembles while using a self-created list of characteristics of exemplary playing.

MU.S.3.15

Evaluate student performances based upon intonation, articulations, rhythms, and tone quality using provided and self-created rubrics.

MU.S.3.16

Describe the compositional techniques used in a theme and variation.

MU.S.3.17

Identify and demonstrate ornamentation symbols including turn (~), grace notes, and trills.

MU.S.3.18

Identify counter melodies in recorded, performed, or written examples.

MU.S.3.19

Describe various compositional forms (e.g. rondo, sonata, and allegro).

MU.S.3.20

Perform a piece that makes use of non-standard notation.

MU.S.3.21

Compare and contrast timbre and form in orchestral works.

MU.S.3.22

Describe how music evokes emotions and expresses personal feelings.

MU.S.3.23

Create melodic variations on a given melody.

MU.S.3.24

Add trills and grace notes to a major or minor melody.

MU.S.3.25

Create a melody in the style requested by the teacher.

MU.S.3.26

Improvise in a variety of styles.

MU.S.3.27

Compare recordings of musical works from various time periods and discuss similarities and differences.

MU.S.3.28

Describe ways in which music is related to other subject areas.

MU.S.3.29

Create a list of various music professions including notable individuals.

MU.S.3.30

Discuss the process of composing music and creating visual arts including the basic content of each art form (e.g. unity, variety, repetition, and contrast).

MU.S.3.31

Discuss the use of stringed instruments in American music genres (e.g., folk music, jazz, pop, and Appalachian music).

MU.S.3.32

Define the musical characteristics that contribute to a given music work’s placement in a time period.

MU.S.3.33

Discuss and demonstrate social responsibility through appropriate audience behavior.

Music Appreciation and Music History - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Students will acquire basic skills in reading and understanding music notation and explore the expression and organization of musical ideas and nuances. Various genres and styles of music, including performance styles, will be studied. Students study music as it relates to the human experience. An understanding of the historical context of Western civilization with the major periods of Western music will become the foundation for exploration into other world cultures as researched and experienced.

Sing, alone and with others, a varied repertoire of music.

Listen to, analyze, and describe music.

Improvise melodies, variations, and accompaniments.

Understand relationships between music, the other arts, and disciplines outside the arts.

MU.AH.1

Sing and perform, alone and with others, on instruments using music that represents diverse genres and cultures.

MU.AH.2

Use music technology to explore musical sounds in an expressive way.

MU.AH.3

Follow an instrumental and/or vocal score or listening map and apply specific criteria to develop active listening skills (e.g. musical styles, associated works, improvisation, form).

MU.AH.4

Identify categories of sounds, individual instruments, and varied ensembles.

MU.AH.5

Aurally identify and describe music elements and differentiate the way these elements are used in various pieces.

MU.AH.6

Evaluate a given music work and determine how musical elements are used to prompt an emotional response.

MU.AH.7

Formulate and defend personal preferences for specific music works and styles using appropriate music terms.

MU.AH.8

Improvise melodies over a given chord structure.

MU.AH.9

Create an accompaniment to a familiar song MU.AH.10 Compose and/or arrange music.

MU.AH.11

Discuss and analyze the various uses of music.

MU.AH.12

Compare characteristics of music with another art form within a particular historical period or style including the basic content of each (e.g. unity and variety, repetition and contrast).

MU.AH.13

Research careers in music and explore the various opportunities to experience music in the student’s community.

MU.AH.14

Discuss the role of technology in the development of music.

MU.AH.15

Discuss and analyze music through genres, cultures, and historical periods.

MU.AH.16

Discuss and analyze cultural influences in music.

MU.AH.17

Explain appropriate audience behavior for the context and style of music performed within a particular setting.

Music Technology - Levels I - II - Grades 6-12 The sequential program of music technology will include two levels of examination and application of technology as related to music. Sufficient time should be allotted for students to achieve the music technology standards at each level. It is highly recommended that schools provide opportunities for the integration of technology music standards in other music classes (e.g. general music, instrumental music and choral music). The standards are written in a way to maximize teacher knowledge of music technology and creativity in delivering quality instruction.

Perform, alone and with others, a varied repertoire of music.

Listen to, analyze, and describe music.

Understand relationships between music, the other arts, and disciplines outside the arts.

Music Technology Level I - Grades 6-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In Music Technology Level I, students will begin a basic study of music technology. These students have not studied an instrument or have had minimal music training. Students will examine current and recent innovations and advances in music technology including digital sampling, sequencing, computer-generated composition, MIDI and multi-track recordings. In a lab setting, students will use technology to compose, edit, arrange, perform, and record original compositions. Although recommended, the ability to read standard notation is not a prerequisite.

MU.T.1.1

Create compositions that showcase a higher level of musical and technological expertise, incorporating both digital and analog tools and resources to demonstrate mastery.

MU.T.1.2

Develop and apply criteria to a diverse selection of musical pieces for study and performance, guided by theory and compositional structure.

MU.T.1.3

Develop and implement rehearsal strategies to improve and refine the technical aspects of performances.

MU.T.1.4

Develop and implement technical and expressive elements of written and improvised music through different strategies.

MU.T.1.5

Describe and demonstrate how context, theory, the structure of music, and digital tools affect performances.

MU.T.1.6

Describe and demonstrate an understanding of the style, genre, and context, using digital tools and available resources in a varied repertoire of music.

MU.T.1.7

Demonstrate an understanding of how style, genre, context, and digital or analog tools affect a performer’s ability to connect with their audience.

MU.T.1.8

Develop active listening skills with teacher- or group-created criteria involving technological assets (e.g. tuning issues or rhythmic accuracy).

MU.T.1.9

Generate melodic, rhythmic, and harmonic ideas for compositions or improvisations using digital tools and resources.

MU.T.1.10

Select melodic, rhythmic, and harmonic ideas to develop into a larger work.

MU.T.1.11

Using digital resources, demonstrate technical accuracy and expressive quality in representing diverse cultures, styles, and genres.

MU.T.1.12

Compare and contrast recorded works from varied recording devices (e.g. analog, and digital).

Music Technology Level II – Grades 6 -12 All West Virginia teachers are responsible for classroom instruction that integrates content standards and learning skills. In Music Technology Level II, students will continue the study of music technology. Students will further explore music technology, focusing on innovative or recent applications and resources aligned with Music Technology - Level I. Emphasis will be placed on the understanding and application of existing music technology and the awareness, exploration and/or use of recent or projected music technology. It is recommended that Music Technology Level I be a prerequisite for Music Technology Level II.

MU.T.2.1

Share a portfolio of music creations representing varied styles and genres that demonstrates an advanced level of musical and technical craftsmanship.

MU.T.2.2

Explore singing or performing with virtual instruments. Use musical technology to notate melodies and accompaniments while using traditional and non-traditional methods.

MU.T.2.3

Refine and expand rehearsal strategies to improve the technical and expressive aspects of performances.

MU.T.2.4

Continue to explore musical sounds through technology. Analyze given compositions for chords, keys, form, and other compositional devices, including technology.

MU.T.2.5

Explore and demonstrate an understanding of the physics of musical sound and how sound is created and manipulated synthetically.

MU.T.2.6

Demonstrate understanding of appropriate performance etiquette, both as a performer and an audience member.

MU.T.2.7

Generate melodic, rhythmic, and harmonic ideas for compositions that incorporate digital tools, resources, and systems.

MU.T.2.8

Select, develop, and organize multiple melodic, rhythmic, and harmonic ideas to develop into a larger work that exhibits unity, variety, complexity and coherence.

MU.T.2.9

Using digital resources, demonstrate technical accuracy and expressive quality in representing diverse cultures, styles, genres, and historical periods.

MU.T.2.10

Expand on researching and understanding copyright law and how it applies to digital music creation.

MU.T.2.11

Expand understanding of multiple career paths in the music industry and music as a business, including learning how to self-publish and promote personal music compositions.

Music Theory and Composition - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Students in Music Theory and Composition will focus on standards designed to challenge the most advanced music students. The study of scales, key signatures, chords and chord structures, composition, improvisation, and the relationship to one another will be emphasized. Students will use composition skills as tools for composing, transposing, transcribing and arranging music.

Sing, alone and with others, a varied repertoire of music.

Listen to, analyze, and describe music.

Improvise melodies, variations, and accompaniments.

Understand relationships between music, the other arts, and disciplines outside the arts.

MU.TC.1

Sing intervals using a system within individual vocal range (e.g. solfeggio, numbers, and letter names).

MU.TC.2

Perform rhythmic patterns in various meters.

MU.TC.3

Perform major and minor scales on an instrument.

MU.TC.4

Perform chord progressions as an accompaniment to a music selection.

MU.TC.5

Perform an original composition.

MU.TC.6

Read rhythms in various meter signatures.

MU.TC.7

Identify and define music terms/symbols and read treble and bass clef notation.

MU.TC.8

Notate major and minor scales and their I – IV and V chord progressions using various key signatures in both the treble and the bass clef.

MU.TC.9

Identify intervals visually or aurally using a system (e.g. solfeggio, numbers, and letter names).

MU.TC.10

Aurally identify major and minor tonalities and identify the use of enharmonic tones.

MU.TC.11

Analyze given compositions for chords, keys, music forms, and other compositional devices.

MU.TC.12

Improvise a rhythmic pattern to a steady pulse.

MU.TC.13

Improvise a melody above a given chordal accompaniment.

MU.TC.14

Compose a piece of music within a specified form, choosing traditional or non-traditional notation.

MU.TC.15

Arrange a given composition according to specific requirements.

MU.TC.16

Harmonize a melody line.

MU.TC.17

Listen to compositions and compare and contrast compositional devices used.

MU.TC.18

Explain the acoustical properties of musical sounds.

MU.TC.19

Research careers in music which emphasize composing and arranging.

MU.TC.20

Explore opportunities within the community for composers/arrangers.

Visual Art - Grades K-2; 3-5; 6-8 The sequential program of study in visual art will include, but not be limited to, general art kindergarten through eighth grade. Sufficient time should be allotted for students to achieve the visual art standards. A quality visual art program brings richness to the school curriculum; therefore, it is highly recommended that schools provide more than a minimal amount of time for the delivery of the elementary general visual art curriculum. The standards are written in a way to maximize teacher flexibility and creativity in delivering quality instruction to all students.

Identify media and materials used in creating art; understand processes and techniques in creating art; apply problem-solving skills in creating two-dimensional and three-dimensional works of art; and use materials and tools in a safe and responsible manner.

Identify selected elements and principles of design as they relate to art and the environment; understand qualities of elements of art and principles of design as they apply to two-dimensional and three-dimensional objects and artworks; apply elements of art and principles of design as they relate to problem-solving skills in the creating of art; and communicate expressive ideas that demonstrate an understanding of structures and functions in art.

Identify symbols and ideas to communicate meaning in art; determine potential content for artworks; and apply problem-solving skills when creating art relative to subject matter, symbols, and ideas.

Identify how visual art has a history and specific relationship to culture; analyze works of art that reflect different styles and time periods; and demonstrate an understanding of how history, culture, and the arts influence each other.

Identify multiple purposes for creating works of art; analyze contemporary and historic meanings in specific artworks through cultural and aesthetic inquiry; and describe and compare a variety of individual responses to their artworks and to artworks from various eras and cultures.

Identify characteristics of visual art and other disciplines; and analyze by comparing and contrasting connections between disciplines.

General Art - Grades K-2 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. K-2 students begin their exploration of the world of art through subject matter that centers on the student’s own environment, allowing them to express feelings and ideas using a variety of media and tools. They will discover how to communicate through art and to discuss their own creations. They will learn to use tools properly for drawing, painting, printing, and sculpture. Students will explore colors, the use of lines, shapes, textures in artworks, and the use of tools to attain a variety of effects in their work. As they develop their artistic sensibilities, students will build upon their knowledge of the elements and principles of visual art to investigate more complex concepts of artistic design—including two- and three-dimensional artworks—will expand subject matter from personal to the community, environment, nature and other cultures, and will develop an understanding of connections between the arts and other disciplines.

VA.K-2.1

Explore two- and three-dimensional art, tools, techniques, and processes in a variety of mediums.

VA.K-2.2

Construct complex two- and three-dimensional art using mediums to communicate ideas, experiences, and stories.

VA.K-2.3

VA.K-2.4

Explore, examine, and discuss the elements of art and principles of design as they apply to the creation of two- and three-dimensional art.

VA.K-2.5

Explore, examine, and discuss how subjects, symbols, and ideas visually communicate meaning in art.

VA.K-2.6

Create art while using subject matter and/or symbols that reflect personal experience, the community, the environment, nature, and West Virginia culture, or other cultures.

VA.K-2.7

Explore, examine, and discuss how art has evolved over time, and has been influenced by its creators, cultures, styles, and historical periods.

VA.K-2.8

Create art that reflects the style of various cultures from different time periods.

VA.K-2.9

Discuss, and present how individual works of art can represent feelings, reflect experiences, create meaning, and/or have a function.

VA.K-2.10

Explore, examine, and discuss how ideas, experiences, and stories can be expressed through multiple arts, disciplines, and other subjects.

General Art - Grades 3-5 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Students in grades 3-5 will build on the skills developed in K-2. They will continue to improve creative, problem-solving skills in their artwork as they progress beyond the basics of color, perspective, and dimensionality. They will begin to explore the subtleties of color through complementary colors, tints, and shades, will discover subtractive and detractive sculpture, and will delve into the world of abstract and non-objective symbols. Students will increase their understanding of art in culture and history, identify artists through their unique styles, continue to explore art as communication, and examine the use of art media, and technology, techniques, and processes.

VA.3-5.1

Compare, contrast, and explain the effectiveness of a variety of two- and three-dimensional art tools, techniques, and processes in a variety of mediums.

VA.3-5.2

Construct two and three-dimensional art using various mediums to communicate ideas and experiences and peer critique.

VA.3-5.3

VA.3-5.4

Analyze and discuss the elements of art and principles of design as they apply to the creation of two and three-dimensional art and communication of ideas.

VA.3-5.5

Analyze and discuss the symbols or ideas that visually communicate a meaning in art.

VA.3-5.6

Create personal artwork using a variety of subjects and symbols.

VA.3-5.7

Analyze and discuss how art has evolved over time and is influenced by its creators, cultures, styles, and/or time periods.

VA.3-5.8

Create, explore, and respond to art, reflecting the styles of various cultures, time Periods, and current events, while fostering appreciation and creativity to create personal art.

VA.3-5.9

Analyze and discuss how individual works of art represent feelings, reflect experiences, create meaning, and/or have a function.

VA.3-5.10

Explore, compare, and contrast, and analyze how ideas, experiences, and stories can be expressed through multiple arts, disciplines, and other subjects.

General Art - Grades 6-8 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Students in grades 6-8 will work individually and collaboratively on artistic activities—including the creation of oral, written, or multimedia presentations—as they continue to experiment with a variety of media, techniques, technologies, and processes, using the elements of art and principles of design in self-directed art production. They will refine their personal responsibility and productivity skills; their artwork will reflect increasing levels of critical and innovative thinking, problem-solving, and creative communication of intended meaning, and they will clarify reasons for creating works of art, explain aesthetic qualities of symbols, ideas, and personal values. Students will deepen their global awareness of art in its historical and cultural context as they examine cultural, historical, and aesthetic purposes of works of art. By participating in art appreciation activities, students will develop an understanding of art criticism.

VA.6-8.1

Examine the materials, processes, and techniques used in the making of art.

VA.6-8.2

Explore a variety of media, skills and techniques for two- and three-dimensional works of art. Artwork will be created both individually and collaboratively in order to communicate ideas, experiences, and narratives. Students will complete peer reviews by looking at art, forming an opinion, and sharing feedback.

VA.6-8.3

Demonstrate safe and effective use of materials, tools, and technology.

VA.6-8.4

Explore, investigate, and demonstrate the use of the elements of art and principles of design when creating two- and three-dimensional art that communicate multiple ideas.

VA.6-8.5

Investigate, interpret, and draw in-depth conclusions about the presence of subjects, symbols, and ideas that communicate meaning in art and visual communication.

VA.6-8.6

Create art collaboratively and with group ideation using a range of subject matter, symbols, and ideas.

VA.6-8.7

Investigate, interpret, and draw in-depth conclusions about how art has existed through time and is influenced by the artist, society, culture, and history.

VA.6-8.8

Collaboratively produce artwork that reflects the ongoing changes in time, cultural practices, societal structures, and traditions.

VA.6-8.9

Investigate, interpret, and draw conclusions from the ways personal and others’ works of art represent feelings, reflect experiences, make meaning, and/or have function.

VA.6-8.10

Investigate, interpret, and draw in-depth conclusions about how ideas, experiences, and stories can be expressed through multiple arts, disciplines, and other subjects.

General Art I - IV - Grades 9-12 A sequential comprehensive study of visual art at the high school level, is found in General Art Levels I-II-III-IV. The standards at each level reflect what a student should know and be able to do at that level of study. Although each level is comprehensive within itself, it should serve as a pre-requisite for the next level. Domains addressed at each level are: Media, Techniques and Processes; Elements of Art and Principles of Design; Subject Matter, Symbols, and Ideas; Art History and Diversity; Reflections and Analysis; and Multi-disciplinary Connections. Regardless of grade level (i.e. 9th, 10th, 11th, or 12th), the entry level study for high school visual art should be high school General Art I.

Identify media and materials used in creating art; understand processes and techniques in creating art; apply problem-solving skills in creating two-dimensional and three-dimensional works of art; and use materials and tools in a safe and responsible manner.

Identify selected elements and principles of design as they relate to art and the environment; understand qualities of elements of art and principles of design as they apply to two-dimensional and three-dimensional objects and artworks; apply elements of art and principles of design as they relate to problem-solving skills in the creating of art; and communicate expressive ideas that demonstrate an understanding of structures and functions in art.

Identify symbols and ideas to communicate meaning in art; determine potential content for artworks; and apply problem-solving skills when creating art relative to subject matter, symbols and ideas.

Identify how visual art has a history and specific relationship to culture; analyze works of art that reflect different styles and time periods; and demonstrate an understanding of how history, culture, and the arts influence each other.

Identify multiple purposes for creating works of art; analyze contemporary and historic meanings in specific artworks through cultural and aesthetic inquiry; and describe and compare a variety of individual responses to their artworks and to artworks from various eras and cultures.

Identify characteristics of visual art and other disciplines; and analyze by comparing and contrasting connections between disciplines.

General Art I - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In General Art I, students will use the artistic process to produce two- and three-dimensional artworks using a variety of media, techniques, technology, and processes. They will relate art skills and strategies to other disciplines, various cultures, major art movements, and historical periods.

VA.HS1.1

Distinguish among a variety of two-dimensional and three-dimensional media, techniques, and processes.

VA.HS1.2

Communicate original and personal ideas in a variety of media, techniques, and processes to create two-dimensional and three-dimensional artworks.

VA.HS1.3

VA.HS1.4

Identify similarities and differences in two-dimensional and three-dimensional visual art based on the elements of art and principles of design.

VA.HS1.5

Analyze design structures and functions of two-dimensional and three-dimensional artworks.

VA.HS1.6

Create two-dimensional and three-dimensional artworks based on elements of art and principles of design using appropriate media, processes, and techniques to solve specific problems.

VA.HS1.7

Critique art works to demonstrate an understanding of elements of art and principles of design.

VA.HS1.8

Research and identify subjects, themes, symbols, use of content and symbols and ideas expressed in art from past and present cultures.

VA.HS1.9

Select and employ subjects, themes, symbols, and ideas for use in personal artwork.

VA.HS1.10

Reflect and evaluate the use of subjects, symbols, and ideas intentionally in a personal artwork.

VA.HS1.11

Research and identify various styles throughout art history.

VA.HS1.12

Analyze the relationships of artwork to one another in terms of both local and world history and culture.

VA.HS1.13

Create artworks, following or breaking with historical and/or cultural traditions in pursuit of making art goals.

VA.HS1.14

Reflect on one’s personal artwork, utilizing the stages of art criticism.

VA.HS1.15

Implement the self-critique and revision processes to refine personal artworks.

VA.HS1.16

Compare and connect the creative processes used in visual arts to other disciplines.

VA.HS1.17

Research and analyze another subject for use as a source of inspiration to create a work of art.

General Art II - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In General Art II, students will extend artistic skills, critical skills, and concept development through well-defined experiences in creating, reflecting, and discussing artworks. Students will focus on compositional awareness through the proficient use of elements, principles, structures, and functions. Students will explore various aspects of the arts in the context of world cultures and historical parameters as they examine connections between other disciplines and technologies. Students will practice responsible workplace skills and safety. They will explore career opportunities and will be introduced to the concept of portfolio development.

Media, Techniques and Processes VA.HS2.1 Compare a variety of two-dimensional and three-dimensional media, techniques, and processes.

VA.HS2.2

Create a variety of two-dimensional and three-dimensional artworks to communicate ideas and explore expressive qualities.

VA.HS2.3

VA.HS2.4

Analyze and interpret the use of the elements of art and principles of design in two-dimensional and three-dimensional artworks.

VA.HS2.5

Create two-dimensional and three-dimensional artworks that use the elements of art and principles of design to solve specific art problems.

VA.HS2.6

Use the stages of art criticism to determine the effectiveness of the use of the elements of art and principles of design in a variety of artwork.

VA.HS2.7

Analyze and reflect on how subjects, themes, symbols, and ideas differ visually, spatially, intellectually, and functionally.

VA.HS2.8

Incorporate subjects, themes, symbols, and ideas to communicate intended meaning in artworks.

VA.HS2.9

Apply creative problem-solving and analogical thinking to visual communication skills.

VA.HS2.10

Categorize historical or cultural contexts of artworks through characteristics and purposes.

VA.HS2.11

Differentiate meaning and style of specific art objects within various cultures, times, and places.

VA.HS2.12

Demonstrate in personal artwork a relationship to history, aesthetics, and culture.

VA.HS2.13

Identify the purpose for creating and maintaining a portfolio and develop criteria for a personal portfolio.

VA.HS2.14

Use teacher-selected criteria for evaluating and revising personal work.

VA.HS2.15

Select and compare artwork using specific historical issues or themes related to other subject areas.

VA.HS2.16

Apply creative problem-solving techniques to produce a multi-disciplinary artwork.

General Art III - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In General Art III, students will build on previous standards with a more in-depth approach. Students will analyze and respond to art from various global cultures visually, verbally, and in written form. Students will examine and relate various themes and purposes of art forms to the total educational process. They will study art history, criticism, and aesthetics in relation to individually selected artworks and will develop a personal philosophy of art. Students will develop portfolios which include products, and critiques, and other reflective work as they develop a personal style.

VA.HS3.1

Select and defend choices pertaining to media, techniques, and processes in the discussion and creation of artworks.

VA.HS3.2

Apply problem solving skills to create two-dimensional and three-dimensional artworks in a variety of media developing a personal style.

VA.HS3.3

Create and prepare two-dimensional and three-dimensional works for inclusion in an exhibition and/or portfolio.

VA.HS3.4

VA.HS3.5

Explain personal choices in the use of art elements and principles of design in personal artworks.

VA.HS3.6

Compare and contrast personal work with other artwork in terms of the art elements and principles of design in oral or written form.

VA.HS3.7

Create multiple solutions through preliminary work to solve assigned problems in elements of art and principles of design.

VA.HS3.8

Communicate expressive ideas in artworks that demonstrate an understanding of elements of art and principles of design for inclusion in a portfolio.

VA.HS3.9

Research and summarize symbolism used in the works of various artists.

VA.HS3.10

Develop themes, symbolism, and ideas in relation to life experiences and/or perceptions when creating artwork.

VA.HS3.11

Apply problem-solving skills to choose subject matter, symbols, and ideas for personal artwork.

VA.HS3.12

Define and assess themes in visual art common to various local and world cultures throughout history.

VA.HS3.13

Analyze how themes common to various local and world cultures influence the creation of art.

VA.HS3.14

Create artwork that reflects common themes from various local and world cultures, past or present.

VA.HS3.15

Collectively analyze and assess different genres of artwork emphasizing a variety of cultural viewpoints.

VA.HS3.16

Use frameworks for understanding contemporary and historic meanings in art, addressing a variety of eras and cultures (e.g. timeline, graphic organizers).

VA.HS3.17

Participate in self-critique and group critique of personal and peer artwork.

VA.HS3.18

Compare the materials, technologies, media, and processes of visual art with those of other disciplines.

General Art IV - Grades 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. In General Art IV, students will develop and clarify their philosophy of art and art making through in-depth explorations with media, techniques and processes. Students will expand and refine a portfolio while reflecting a broad base of global and personal knowledge in the arts. Students will participate in planning and installing an exhibition.

VA.HS4.1

Appraise and explain personal choices of materials and techniques in portfolio work based on an understanding of the traditions of the media.

VA.HS4.2

Communicate personal ideas and narratives effectively in a sustained investigation using two-dimensional and three-dimensional media.

VA.HS4.3

Curate a collection of personal work for submission in a juried event and/or professional portfolio review.

VA.HS4.4

VA.HS4.5

Analyze selected elements of art and principles of design as they relate to art and the environment.

VA.HS4.6

Appraise viewpoints written about famous artworks in terms of elements of art and principles of design applied to two-dimensional and three-dimensional artworks.

VA.HS4.7

Define the use of the elements of art and principles of design using multiple solutions in preliminary work that solve assigned problems for inclusion in a portfolio.

VA.HS4.8

Create original, expressive ideas in artwork which demonstrate an understanding of elements of art and principles of design.

VA.HS4.9

Evaluate how artists have used subject matter and symbolism in their work.

VA.HS4.10

Assess personal use of subjects, themes, symbols, and ideas in personal work.

VA.HS4.11

Use advanced media techniques to develop specific themes and ideas in the creation of artwork.

VA.HS4.12

Create a work of art which integrates multiple local/world historical and/or cultural contexts drawn from source materials developed from a personal viewpoint.

VA.HS4.13

Analyze aesthetic viewpoints observed in a variety of artworks throughout history and cultures (e.g. emotionalism, formalism, and imitation).

VA.HS4.14

Use critical models to interpret the meaning of artworks across time and a variety of cultures.

VA.HS4.15

Compare the work of critics, historians, aestheticians, and artists.

VA.HS4.16

Describe personal artworks and be able to compare it to a variety of artists’ works from various eras and cultures.

VA.HS4.17

Review and explain the content of portfolios or exhibits in terms of ideas, attitudes, reflective critiques, and statement of intent.

VA.HS4.18

Write a personal statement about personal art for inclusion in their portfolio.

VA.HS4.19

Compare and contrast the materials, technologies, media, and processes of the visual art with those of other disciplines.

Studio Art - Levels I – II - Grades 9-12 Studio Art as elective classes embrace more in-depth study, process and product in creating and producing visual art. Moving from the instructional approach of the classroom to the philosophical independent thought of the studio, the student must come to the class with a solid foundation in advanced visual art skills and a mindset of abstract conceptualizing. Foundation courses such as General Art I are strongly recommended, and teacher recommendation is encouraged. Expectations encompass: proficient and advanced levels of craftsmanship; knowledge of visual art careers and professions; and an anticipated participation in a field experience. The use and knowledge of current and relative technology; an understanding of traditional, contemporary and related visual art vocabulary plus the safe, responsible use and care of equipment and materials are given.

Explore media and materials used in the creative process; Demonstrate problem-solving skills in creating two-dimensional and three-dimensional works of art; and use materials and tools in a safe and responsible manner.

Explore the elements of art and principles of design using the creative process as they relate to art and the environment: demonstrate the use of the elements of art and principles of design as they relate to problem-solving skills in the creative process; and communicate expressive ideas that synthesize an understanding of structures and functions in art.

Identify symbols and ideas to communicate meaning in art; determine potential content for artworks; and apply problem-solving skills when creating art relative to subject matter, symbols and ideas.

Explore how visual art has a history and specific relationship to culture; analyze works of art that reflect different styles and time periods; and demonstrate an understanding of how history, culture, and the arts influence each other.

Identify multiple purposes for creating works of art; analyze contemporary and historic meanings in specific artworks through cultural and aesthetic inquiry; and articulate a variety of individual responses to personal artworks and to artworks from various eras and cultures.

Identify characteristics of visual art and other disciplines; and analyze by comparing and contrasting connections between disciplines.

Studio Art - Level I All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Students enrolled in Studio Art I electives will be provided in-depth study in selected media, techniques, and processes. Students will choose from a range of materials and methods of traditional and contemporary artistic practices, following or breaking established conventions to plan the making of multiple works of art and design based on a theme. Students will hypothesize ideas and plans for creating art and design that will foster positive and responsible change.

VA.SA1.1

Demonstrate knowledge of the terminology related to the mediums, processes and techniques used to create various art forms.

VA.SA1.2

Demonstrate an understanding of skills, knowledge, techniques, and processes in a chosen medium.

VA.SA1.3

Use problem-solving skills to explore techniques and processes in creating two-dimensional and three-dimensional works of art.

VA.SA1.4

Use materials and tools in a safe and responsible manner.

Elements and Principles of the Creative Process VA.SA1.5 Identify the elements of art and principles of design in various artworks.

VA.SA1.6

Analyze the characteristics of the elements of art and principles of design in artworks.

VA.SA1.7

Create artworks that use organizational principles of design and functions (physical, social, and personal) to solve specific real-world problems through design thinking.

VA.SA1.8

Create artwork demonstrating an understanding of the compositional structures and functions (physical, social, and personal) in art.

VA.SA1.9

Explore related subject matter, themes and motifs from past and present cultures.

VA.SA1.10

Analyze and discuss the significance of historical subject matter, themes and motifs.

VA.SA1.11

Use problem solving skills to explore subject matter, symbols, and ideas as content for art works.

VA.SA1.12

Produce artworks featuring subject matter, themes and motifs related to the medium, while exploring art from various cultures throughout history to contemporary times.

VA.SA1.13

Identify the meanings, functions (physical, social, and personal), and uses of specific art in the medium various cultures throughout history to contemporary times.

VA.SA1.14

Explore themes and motifs from various cultures from throughout history to contemporary times.

VA.SA1.15

Create and present artworks influenced by various cultures throughout history to contemporary times in the studio medium.

VA.SA1.16

Identify and explore the context and purpose by creating specific works in the medium.

VA.SA1.17

Compare a variety of artworks from different historical and cultural viewpoints.

VA.SA1.18

Create artwork and participate in critiques of personal and peer group artworks considering cultural and historical influences.

VA.SA1.19

Compare the materials, technologies, media, and processes of the art studio with those of other creative disciplines.

VA.SA1.20

Explore connections between disciplines influenced by historical events, cultural ideas, issues, and developments.

Studio Art - Level II All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Students enrolled in Studio Art II electives will be provided advanced in-depth study of selected media, techniques, and processes. The advanced level classes require Studio Art I prerequisites. Students will choose from a range of materials and methods of traditional and contemporary artistic practices, while following or breaking established conventions to plan the making of multiple works of art and design based on a theme. Students will hypothesize ideas and plans for creating art and design that will foster positive and responsible change.

VA.SA2.1

Demonstrate knowledge and application of skills, processes and techniques in the creation of artworks.

VA.SA2.2

Use problem-solving skills and design thinking in the application of media techniques and processes to communicate ideas and expressive qualities.

VA.SA2.3

Use materials and tools in a safe and responsible manner.

Elements and Principles of the Creative Process VA.SA2.4 Identify elements of art and principles of design in artwork of the media from a variety of cultures, time periods, and artists.

VA.SA2.5

Compare and contrast the use of the elements and principles of design in artworks of the media from a variety of cultures, time periods, and artists.

VA.SA2.6

Explore solutions for specific problems using design thinking, organizational principles, and functions.

VA.SA2.7

Create artwork using compositional structures and functions of art to express ideas or concepts.

VA.SA2.8

Research subject matters, themes and motifs related to the studio area through time periods and cultures.

VA.SA2.9

Differentiate through formal analysis of specific subject matter, themes, and motifs.

VA.SA2.10

Apply problem solving skills and design thinking to explore subject matter, themes and motifs through time periods and cultures.

VA.SA2.11

Create artworks with subject matters, themes and motifs inspired by contemporary themes.

VA.SA2.12

Research the meanings, functions, and uses of specific art in the media from various past and present cultures.

VA.SA2.13

Compare and contrast themes and motifs from various contemporary cultures.

VA.SA2.14

Create artworks reflecting contemporary issues and cultural influences.

VA.SA2.15

Investigate the context and motivation for creating specific works in the media.

VA.SA2.16

Evaluate a variety of artworks in the media from different historical and cultural viewpoints.

VA.SA2.17

Create and select through group and self-critiques works for inclusion in an exhibition or portfolio.

VA.SA2.18

Incorporate influences of materials, technologies, mediums, and processes of another creative discipline into personal artwork.

VA.SA2.19

Create artworks demonstrating connections between historical events, cultural issues, and current developments Art History, Appreciation, and Aesthetics - Grades 9-12 Students in Grades 9-12 will select/describe, analyze, interpret/translate and evaluate cultural influences. Students will develop a variety of critical analyses and examine different philosophies and viewpoints. Students’ experiences with art media within its historical context will connect selected artwork to the artist’s process. Students will relate cognitive learning to artistic practices. Knowledge of related careers in the fields of art history and aesthetics are covered as well as the application of technology to assist learning.

Identify media and materials used in creating art; understand processes and techniques in creating art; apply problem-solving skills in creating two-dimensional and three-dimensional works of art; and use materials and tools in a safe and responsible manner.

Identify selected elements and principles of design as they relate to art and the environment; understand qualities of elements of art and principles of design as they apply to two-dimensional and three-dimensional objects and artworks; apply elements of art and principles of design as they relate to problem-solving skills in the creating of art; and communicate expressive ideas that demonstrate an understanding of structures and functions in art.

Identify symbols and ideas to communicate meaning in art; determine potential content for artworks; and apply problem-solving skills when creating art relative to subject matter, symbols and ideas.

Identify how visual art has a history and specific relationship to culture; analyze works of art that reflect different styles and time periods; and demonstrate an understanding of how history, culture, and the arts influence each other.

Identify multiple purposes for creating works of art; analyze contemporary and historic meanings in specific artworks through cultural and aesthetic inquiry; and describe and compare a variety of individual responses to personal artworks and to artworks from various eras and cultures.

Identify characteristics of visual art and other disciplines; and analyze by comparing and contrasting connections between disciplines.

Media, Techniques and Processes VA.HAA.1 Select/describe various styles, techniques, and media in works of art.

VA.HAA.2

Demonstrate awareness of ethical responsibility to oneself and others using imagery in a safe and responsible manner.

VA.HAA.3

Examine and classify media techniques and processes of artists throughout history.

VA.HAA.4

Examine artists, styles, techniques, and their influences within a given time period using a critical process.

VA.HAA.5

Analyze, select, and curate West Virginia artifacts and/or artworks for presentation and preservation.

VA.HAA.6

Evaluate how the elements of art and principles of design are integrated in two- and three-dimensional art across cultures and time periods.

VA.HAA.7

Research information related to an artist’s background, influences, and their processes.

VA.HAA.8

Explain how art functions in society and various cultures throughout history.

VA.HHA.9

Identify and compare a variety of cultural influences on art (e.g., economic, political, and religious).

VA.HAA.10

Recognize symbols, issues, and themes related to artworks of varied time periods.

VA.HAA.11

Compare and contrast aesthetic expression in terms of both form and content.

VA.HAA.12

Explain the process of how artists find subject matter and ideas in creating art.

VA.HAA.13

Analyze the historical influences on contemporary art.

VA.HAA.14

Identify and research styles and/or periods of art to reconstruct in a manner that identifies with self.

VA.HAA.15

Recognize and identify that artistic forms can be a reflection.

VA.HAA.16

Compare artists, styles, techniques, and their influences within a given time period while using a critical process.

VA.HAA.17

Develop criteria for critiques about artists, styles, movements, aesthetics and concepts.

VA.HAA.18

Explore art history and its relationships to other disciplines.

Dance - Levels I – IV Grades 9-12 Dance is one of four programs of study from which an elective course may be chosen to fulfill the graduation requirement of one course in the arts. Dance electives must be offered to accommodate at least one level of student achievement (Dance I). Electives must be provided to accommodate four sequential levels of student achievement (Dance I - IV).

Dance classes provide opportunities for both individual and group projects. For this reason, students working at two, three, or four different levels may be accommodated in a single class.

Dance to create and communicate meaning while applying choreographic principles, processes, and structures.

Develop and practice movement elements and skills in performing dance.

Respond to dance by employing critical and creative thinking skills.

Connect dance to cultural, historical, healthy living, and other disciplines.

Dance – Level I In Dance – Level I, students will experience a variety of dance concepts, ideas and techniques, and develop an appreciation for the art of dance.

DA.1.1

Generate and develop abstract movements into a dance phrase that communicates ideas, experiences, feelings, or images. Discuss the reason and effectiveness of the movement.

DA.1.2

Explore, identify, define and demonstrate the elements of dance (i.e., body, action­locomotor and non-locomotor moves, space, time, and energy) while experimenting with and manipulating these elements to create movement phrases.

DA.1.3

Identify, define, use, and experiment with choreographic structures/devices (i.e., AB, ABA, canon, rondo, narrative, theme and variation, retrograde, chance, call and response) and choreographic principles (i. e., theme, repetition, transition, and resolution).

DA.1.4

Use guided improvisation strategies and stimuli such as words, symbols, images, text, objects, music, sound, experiences, observed dance, and student-generated suggestions to recognize and create movement for choreography.

DA.1.5

Use collaborative and cooperative skills to contribute constructively to the creation of a group dance that expands on the main idea or concept and utilizes choreographic structures and principles. Revise movement choices in response to feedback and self-reflection for improvement.

DA.1.6

Use appropriate etiquette while observing, creating, and performing dance.

DA.1.7

Embody technical skills such as coordination, balance, core support, clarity of movement, weight shifts, strength, flexibility/range of motion, endurance, and functional alignment in various dance genres.

DA.1.8

Understand, demonstrate, and practice time, space, weight and flow as it relates to locomotor and non-locomotor/axial movements.

DA.1.9

Understand and exhibit the impact of performance values of memorization, clarity, concentration, focus, and projection on dance performance. Demonstrate these values in performance opportunities in class or public.

DA.1.10

Perform a group dance for an audience (e.g. peer, classroom, or public) using technical skills, movement qualities, and performance values learned in class.

DA.1.11

Observe and explain how personal experience can influence the individual interpretation of a movement.

DA.1.12

Explain and discuss how elements of dance and choreographic structures are used to communicate ideas in dance.

DA.1.13

Recognize and discuss the use of dance elements and choreographic structures in a variety of significant dance works from numerous genres and historical time periods.

DA.1.14

Establish a set of aesthetic criteria and apply it in evaluating student work in a group setting.

DA.1.15

Understand and apply health-related concepts to dance while examining personal physical strengths, weaknesses, and lifestyle choices and the effect on the dancer.

DA.1.16

Use dance to interpret concepts in history related to significant events, ideas, and movements from a global context.

DA.1.17

Observe and compare culturally diverse dances.

DA.1.18

Discuss commonalities and differences between dance and other disciplines.

Dance - Level II In Dance – Level II, students will advance in knowledge of a variety of dance concepts, ideas, and techniques.

DA.2.1

Generate and use abstract movement inspired by stimuli such as images, literary forms, natural phenomena, current news, social events, music, sound, and experiences to communicate ideas and choreographic intent in creating dance.

DA.2.2

Create and develop movement phrases that vary the use of the elements of dance.

DA.2.3

Generate, manipulate, and modify movement sequences of a dance utilizing a variety of choreographic structures and choreographic principles, to expand choreographic possibilities and support the main idea.

DA.2.4

Use improvisation strategies such as follow the leaders, machines, and tasks to generate movement ideas for a movement phrase.

DA.2.5

Collaborate to create a dance that expresses and communicates an idea, personal experience, or concept. Revise it over time by modifying the dance concepts (e.g., elements of dance, choreographic structures/devices, and choreographic principles) to expand the choreographic possibilities and support the main idea.

DA.2.6

Demonstrate consistent, appropriate etiquette and leadership qualities such as commitment, dependability, responsibility, and cooperation as a dancer, performer, and observer.

DA.2.7

Understand and demonstrate how anatomical concepts can be used to improve technique (e.g., alignment, balance, strength, flexibility, and endurance) in a variety of dance genres.

DA.2.8

Compare and demonstrate the following pairs of energy concepts: bound and free flow, strong and light weight, sudden and sustained time, rhythm and timing, and direct and indirect space.

DA.2.9

Discuss and demonstrate performance values of memorization, clarity, concentration, focus, and projection to enhance individual and group dance performance.

DA.2.10

Perform a group dance for an audience (e.g., classroom or public) using technical skills, movement qualities, and performance values learned in class.

DA.2.11

Explain the influence of the choreographic vision and intent on the creative process.

DA.2.12

Articulate understanding of how personal experience influences the interpretation of a dance.

DA.2.13

Use accurate terminology to describe how elements of dance and choreographic structures and principles are used to communicate ideas in dances.

DA.2.14

Analyze and discuss the use of elements of dance and choreographic structures in a variety of significant dance works from numerous genres and historical time periods.

DA.2.15

Formulate and apply aesthetic criteria to evaluate personal work and the work of others in a positive and constructive manner.

DA.2.16

Identify and discuss health issues, strategies, and tools affecting the health, well-being, and care of the dancer’s body.

DA.2.17

Explore concepts from other content areas to inspire movement for choreography and dance works.

DA.2.18

Compare and contrast the history of culturally diverse dances.

Dance – Level III In Dance – Level III, students will continue to advance their knowledge of a variety of dance concepts, ideas and techniques, and will develop as dance artists.

DA.3.1

Use a defined creative process to plan, create, revise, and present dance inspired by a variety of stimuli such as music, observed dance, literary forms, notation, natural phenomena, personal experience/recall, current news, or social events.

DA.3.2

Create dances using selected elements of dance, choreographic structures/devices and principles with production elements to fulfill choreographic intent and meet aesthetic criteria.

DA.3.3

Use improvisational strategies (e.g., mirroring, flocking, word imagery, and positive/negative space with partner) to develop movement phrases into a dance.

DA.3.4

Collaborate to create a duet, trio, or small group dance that conveys an idea, personal experience, concept, and/or other viewpoints with coherence and aesthetic unity.

DA.3.5

Model and demonstrate appropriate behaviors and etiquette for self and others in a variety of dance roles (e.g., dancer, performer, choreographer, and observer) to enhance the performance experience.

DA.3.6

Execute and assess the integration of anatomy and technique through self- evaluation in a variety of dance genres.

DA.3.7

Differentiate between Laban energy qualities of space, time, weight, and flow in dance sequences while integrating breath support into movement, phrasing, and expression.

DA.3.8

Demonstrate consistent performance values of memorization, clarity, concentration, focus, and projection in dance performance.

DA.3.9

Perform a duet, trio, or small group dance for an audience using technical skills, movement qualities, and performance values with coherence and aesthetic unity.

DA.3.10

Analyze the impact of movement selection, choreographic processes, and production design choices on communicating meaning in personal dances.

DA.3.11

Analyze elements of dance, choreographic structures, and creative processes used in a variety of significant choreographers’ works as inspiration for new student work.

DA.3.12

Compare and contrast the choreographer’s intent and the audience members’ interpretation of meaning.

DA.3.13

Evaluate student work using aesthetic criteria through teacher, peer, and self-assessments to refine personal performance in dance.

DA.3.14

Evaluate and discuss personal actions, commitment, and discipline necessary to achieve dance, health, and fitness goals.

DA.3.15

Analyze and perform a dance that displays the traditions and techniques of a specific culture or historical period.

DA.3.16

Research and discuss issues of ethnicity, gender, socio-economic class, age, and/or physical condition in relation to dance.

DA.3.17

Create and perform interdisciplinary projects integrating dance and other disciplines.

Dance – Level IV In Dance – Level IV, students will find their individual voice as an artists.

DA.4.1

Define and apply personal aesthetic criteria to guide the creative process in dance.

DA.4.2

Collaborate to create dances using appropriate movement choices; choreographic principles, structures/devices and processes; and production elements to fulfill clear choreographic intent and meet aesthetic criteria.

DA.4.3

Generate innovative solutions to movement problems with personal choreography and the choreography of others. Use genre-specific dance terminology to articulate and justify choices made in movement development to communicate with intent.

DA.4.4

Create an individual dance inspired by a variety of stimuli such as music, observed dance, literary forms, notation, natural phenomena, personal experience/recall, current news, or social events which convey ideas, experiences, feelings, concepts, images, or narratives that have personal meaning or social significance.

DA.4.5

Create a group dance with coherence and aesthetic unity and revise it over time by modifying the dance concepts to further explore, understand, and develop the choreographic intent.

DA.4.6

Model and demonstrate consistent, appropriate behaviors, etiquette and leadership skills for self and others in a variety of dance roles to maintain a supportive environment for performances and rehearsals.

DA.4.7

Refine the use of anatomy, technique, articulation of movement, and aesthetic criteria through self- evaluation to enhance dance movement and performance.

DA.4.8

Integrate the use of elements of dance, breath, articulation, and weight shift in movement and performance.

DA.4.9

Integrate performance values of memorization, clarity, concentration, focus, and projection when creating and performing dance.

DA.4.10

Perform individual and group dances for an audience using technical skills, movement qualities, and performance values with coherence and aesthetic unity.

DA.4.11

Analyze how movement ideas, elements of dance, and choreographic structures of dances are developed to create meaning.

DA.4.12

Critique dances of multiple aesthetic and cultural criteria.

DA.4.13

Evaluate personal performance in dance using feedback from a variety of sources.

DA.4.14

Explain and discuss the impact of lifestyle choices, self-concept, cultural media, and social environment on dancers’ physical and mental health.

DA.4.15

Relate skills and qualities leading to success in the dance field to life experiences (e.g., responsibility, adaptability, organization, communication, and time management).

DA.4.16

Interpret and analyze dance from personal, cultural, and historical contexts. Create and perform a dance that displays the traditions and techniques of a specific culture or historical period or is inspired by the characteristics of the particular cultural or historical dance.

DA.4.17

Analyze the impact of physical and social conditions on dance.

Theatre - Levels I – IV - Grades 9-12 Theatre is one of the four programs of study from which an elective course may be chosen to fulfill the graduation requirement of one course in the arts. Theatre electives must be offered to accommodate at least one level of student achievement (Theatre I). Electives must be provided to accommodate four sequential levels of student achievement (Theatre I - IV).

Theatre classes provide opportunities for both individual and group projects. For this reason, students working at two, three, or four different levels may be accommodated in a single class.

Devise scripts through improvising, adapting, writing and refining texts based on personal experiences, heritage, imagination, literature, and history.

Act by developing, communicating, and sustaining characters in improvisations and informal and formal productions.

Design and produce by conceptualizing and realizing artistic interpretations for informal and formal productions.

Direct by interpreting dramatic texts and organizing and conducting rehearsals for theatre.

Developing the skills to be successful in the Arts and Entertainment Industry.

Construct meaning by analyzing, comparing, critiquing, and integrating concepts from theatre and other art forms from a variety of contexts and cultures.

Theatre - Level I In Theatre – Level I, students will adapt stories for performance; identify contemporary styles of theatre/drama and depict characters in them; identify elements of technical theatre; and demonstrate technical theatre knowledge and skills. Students will discuss multiple interpretations for production ideas and will identify how the non-dramatic art forms enhance a theatre production. Students will explore how culture, historical period, and context influence the creation and interpretation of theatre.

TH.1.1

Select materials for adaptation (e.g., stories, myths, fables, personal experiences, and/or songs) and analyze the content of the material for dramatic elements.

TH.1.2

Experiment with stories to create a variety of theatrical forms (e.g., reader’s theatre, improvisation, tableau, pantomime) which demonstrate understanding of dramatic elements.

TH.1.3

Practice memorization skills of simple work for presentation.

TH.1.4

Demonstrate the focus, concentration, observation, and believable action necessary to sustain a character.

TH.1.5

Experiment with a variety of ways to use the body and voice in performance.

TH.1.6

Distinguish how style and genre influence the creation of character.

TH.1.7

Communicate responsibly and respectfully in an ensemble.

T.1.8

Recognize the ways in which technical elements support a story.

T.1.9

Identify technical elements of theatre.

T.1.10

Articulate technical vocabulary, knowledge, and skills to assist in safely solving the problems of functional scenery, properties, lighting, sound, costumes, and makeup.

T.1.11

Articulate roles of the members and production team, their hierarchy, and how each collaborates in the production process.

TH.1.12

Research and analyze information related to historical, cultural, and social contexts of plays.

TH.1.13

Demonstrate possible interpretations for a text (e.g., improvisations, scenes, and plays) using a variety of techniques.

TH.1.14

Practice respect and sensitivity to teammates personal attributes, preferences, and beliefs in an observation or performance of a theatrical piece.

TH.1.15

Analyze a live theatre performance through written critique.

TH.1.16

Identify the role and the responsibilities of careers in theatre and the entertainment industry.

TH.1.17

Develop a monologue repertoire or a technical theatre portfolio.

TH.1.18

Identify and articulate cultural, historical, and symbolic clues in dramatic texts, and use the information to make artistic choices in informal and formal productions.

TH.1.19

Explore the impact of multiple arts disciplines on the expression of ideas and emotions in a theatre production.

TH.1.20

Identify the origins of various theatrical periods and the impact on history and history’s impact on theatre.

TH.1.21

Research the development of dramatic forms, production practices, and theatrical traditions across cultures and historical periods.

TH.1.22

Explore examples of dramatic literature from various cultures and historical periods.

Theatre - Level II In Theatre – Level II, students will write, perform, and evaluate theatre productions; identify and demonstrate selected historical styles of theatre/drama; and perform contemporary and classical characters’ parts. Students will explain basic properties of technical theatre and will apply that knowledge and skills.

TH.2.1

Devise, perform, and evaluate monologues and scenes that depict well-developed characters.

TH.2.2

Identify and apply in performance a variety of theatrical conventions in writing and improvisation (e.g. narration, flashback, play within a play, chorus, aside, and soliloquy.)

TH.2.3

Analyze a scene or play for contextual clues that inform and support character development and technical theatre design choices.

TH.2.4

Communicate and develop character through the expressive use of body and voice.

TH.2.5

Understand character development based on research of historical period, acting, technique, and script analysis.

TH.2.6

Demonstrate cooperative and collaborative behaviors and skills to form an ensemble.

TH.2.7

Articulate the constraints of physical space on theatrical design (e.g., proscenium, thrust, touring venues).

TH.2.8

Identify the technical theatre components such as flats, platforms, props, costumes, stage lights, and sound.

TH.2.9

Describe the process used to create theatrical designs.

TH.2.10

Use text analysis and research to generate technical and set design ideas.

TH.2.11

Demonstrate the safe use of specific tools used by theatre designers and technicians.

TH.2.12

Collaborate to solve challenges of functional technical theatre elements.

TH.2.13

Explore unified concepts based on text analysis and research (e.g., playwright, historical, social, and cultural context).

TH.2.14

Devise blocking, movement, and basic scenic elements (e.g., furniture, hand props) to form stage pictures and compositions which communicate character relationships, status, focus, and action.

TH.2.15

Discuss and recognize different audition and casting techniques.

TH.2.16

Identify roles and responsibilities found in various careers in theatre and the entertainment industry.

TH.2.17

Expand monologue repertoire or continue to update technical theatre portfolio.

TH.2.18

Construct theatrical concepts using multiple arts disciplines within a variety of contexts and cultures.

TH.2.19

Relate social concepts (e.g. themes, lessons, attitudes, values, and morals) from productions representing a variety of cultures and historical periods to current personal, national, and international issues.

TH.2.20

Demonstrate the integration of several arts disciplines in informal and formal presentations.

TH.2.21

Evaluate personal and others’ dramatic performances to suggest constructively alternative artistic choices, taking into account the context.

TH.2.22

Discuss cultural and historical sources of American theatre and musical theatre.

Theatre - Level III In Theatre – Level III, students will collaborate in developing original dramatic pieces or short plays and will demonstrate ensemble in rehearsing and performing informal and formal theatre works. They will identify how scientific and technological advances impact theatre and will assist directors in developing safe production concepts. Students will assist in creating and implementing a production.

TH.3.1

Compose and perform dramatic pieces that communicate the characters’ inner life and the socio-cultural forces that influence the characters’ wants, needs, intentions, and actions.

TH.3.2

Create a complex plot structure which includes a preliminary situation, inciting/initial incident, rising action, climax, falling action, and resolution.

TH.3.3

Create meaningful stage directions that enhance character, setting, and plot.

TH.3.4

Explain initial inspiration and justify artistic choices.

TH.3.5

Demonstrate artistic discipline to achieve ensemble in rehearsal and performance.

TH.3.6

Create consistent, believable performances in informal and formal theatre.

TH.3.7

Evaluate the performances of self and others through responsible critique.

TH.3.8

Identify how scientific and technological advances affect set, light, sound, costume design, and implementation for theatre and electronic media productions.

TH.3.9

Explore the use of symbols and symbolism in design.

TH.3.10

Develop unified production concepts, in collaboration with directors and production teams, conveying the metaphorical nature of theatre or electronic media productions.

TH.3.11

Practice safe construction techniques and efficient operation of technical aspects of theatre. Understand and practice safe procedures and efficient operation of tools, equipment and space.

TH.3.12

Develop problem solving skills to assist in creating, and reliably implementing stage management, promotional, and business plans.

TH.3.13

Reframe information from text analysis and/or research to state a play’s theme that speaks to current society and culture.

TH.3.14

Communicate meaning and artistic vision through blocking, movement, actions, composition, pacing, and patterns.

TH.3.15

Organize and manage the rehearsal time necessary to produce an informal theatre production.

TH.3.16

Explore different career opportunities in community and professional theatre.

TH.3.17

Expand monologue repertoire or continue to update technical theatre portfolio.

TH.3.18

Identify the conventions of nontraditional theatrical performances.

TH.3.19

Compare and contrast various interpretations of the same texts and/or performances.

TH.3.20

Explain the historical and cross-cultural influences on contemporary theatre and electronic media productions.

TH.3.21

Analyze and evaluate critiques about personal dramatic work, explaining points most appropriate to facilitate further development of the work.

Theatre - Level IV In Theatre – Level IV, students will write scripts which may include multi-media productions; demonstrate artistic discipline to achieve ensemble in rehearsal and performance of informal and formal theatre works and works in film, television, or electronic media; explain how scientific and technological advances impact theatre; and collaborate with directors to develop unified production concepts. Students will collaborate with designers and actors, demonstrating direction skills. Students will develop and document evidence of their own artistic growth.

TH.4.1

Develop the writing process as it applies to script development and artistic choices.

TH.4.2

Organize research, observation, and reflection to develop script ideas and generate complex characters and plot.

TH.4.3

Compose a script based upon historical research and social context.

TH.4.4

Defend inspiration, artistic choices, and dramatic style when receiving feedback.

Use evidence to support inspiration, artistic choices, and dramatic style when receiving feedback.

TH.4.5

Create and perform characters of depth, attending to character choices rooted in text.

TH.4.6

Create personal blocking and character nuances based on intuitive response to text beyond the instruction of the director.

TH.4.7

Sustain contrasting characters performed in informal and formal theatre or electronic media productions.

TH.4.8

Assess and refine performances through responsible critique of self and others.

TH.4.9

Create a unified production concept to present to directors and production teams for informal and formal theatre or electronic media productions.

TH.4.10

Serve on a technical theatre crew for a formal or informal production.

TH.4.11

Design and create a technical production project (e.g., a costume, lighting plot, sound design, prop, scenery, puppet).

TH.4.12

Facilitate the entire production of a theatre event within the limitations of the performance space, time, and budget.

TH.4.13

Positively respond to criticism; defend artistic choices; assess the process and the product and recommend changes.

TH.4.14

Collaborate with designers and actors to develop aesthetically unified production concepts for formal theatre production.

TH.4.15

Identify postsecondary education and training opportunities for pursuing a career in theatre.

TH.4.16

Select contrasting monologues suitable for scholarship audition or refine existing portfolio for scholarship interview.

TH.4.17

Write and refine a personal resume.

TH.4.18

Prepare a picture for a portfolio or resume headshot.

TH.4.19

Research and describe appropriate historical production designs, techniques and performances from various cultures to assist in making artistic choices for theatre or electronic media productions.

TH.4.20

Apply integrated designs using several arts and/or media in theatre and electronic media productions.

TH.4.21

Construct personal meanings from non-traditional dramatic performances.

TH.4.22

Seek to establish personal connections to dramatic performances.

TH.4.23

Examine personal place as a theatre artist in the context of the local and global community.

Series 044M West Virginia College- and Career-Readiness Programs of Study/Standards for Career Technical Education (Policy 2520.13)

W. Va. Code R. § 126-44M-1 General

1.1. Scope. -- W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for a thorough and efficient education for West Virginia public school students. W. Va. 126CSR44M, Policy 2520.13, West Virginia College- and Career-Readiness Programs of Study/Standards for Career Technical Education (Policy 2520.13), defines the college- and career‑readiness programs of study/standards for career technical education (CTE) as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2E-1, 18-2E‑11, 18-5-19B, 18‑6‑1 et seq., 18‑9A‑22, and 30-7A-8.

1.3. Filing Date. -- November 8, 2023.

1.4. Effective Date. -- July 1, 2024.

1.5. Repeal of Former Rule. -- This rule repeals and replaces W. Va. 126CSR44M, Policy 2520.13, West Virginia College- and Career-Readiness Programs of Study/Standards for Career Technical Education, filed February 10, 2022, and effective July 1, 2022.

W. Va. Code R. § 126-44M-2 Purpose

2.1. This policy defines the West Virginia college- and career-readiness programs of study/content standards for the programs of study required by Policy 2510.

W. Va. Code R. § 126-44M-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Programs of Study/Standards for CTE is attached and incorporated by reference into this policy. Copies of Policy 2520.13 are available from the Office of the Secretary of State and the West Virginia Department of Education (WVDE).

W. Va. Code R. § 126-44M-4 Summary of the West Virginia College- and Career-Readiness Programs of Study/Content Standards for CTE

4.1. The West Virginia Board of Education (WVBE) has the responsibility for establishing high-quality standards pertaining to all educational programs. The West Virginia College- and Career-readiness Programs of Study/Content Standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and further education. The document includes West Virginia college- and career-readiness programs of study/content standards by Career Cluster and Pathway; Simulated Workplace protocols; Advanced Career Education (ACE) programs of study; standards for participation in a co-curricular career technical student organization (CTSO); changes to student performance measures; definitions and acronyms; and West Virginia Education Information System (WVEIS) prefixes for each cluster.

W. Va. Code R. § 126-44M-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

WEST VIRGINIA COLLEGE- AND CAREER-READINESS PROGRAMS OF STUDY/STANDARDS

FOR CAREER TECHNICAL EDUCATION (2520.13)

Introduction Policy 2520.13 has been developed with the goal of preparing students for a wide range of high-quality postsecondary opportunities within a Simulated Workplace environment. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in obtaining an entry-level job and continued training in a specific craft and/or higher education that all lead to gainful employment. Policy 2520.13 establishes a set of knowledge and skills that are needed to transition into the workplace or higher education, as both realms share many expectations. All students, throughout their educational experience, should develop a full understanding of the career opportunities available and the education necessary to be successful in their chosen pathway and a plan to attain their goals.

Committees of educators and representatives from business and industry from across West Virginia were convened to revise the specific standards for each CTE program of study. The overarching goal was to build a rigorous, dynamic, and challenging CTE career pathway that would prepare students for the workforce and/or postsecondary education. The committees focused their efforts on shaping the pathways to align with industry standards, industry-recognized certifications, research, and best practice in the field of CTE. The contribution of these professionals was critical in creating pathways that further define the College- and Career-Readiness Programs of Study/Standards and are meaningful to classroom teachers.

Policy 2520.13 assures the delivery of rigorous and relevant CTE pathways to all West Virginia students. These elements, when used to guide the instructional process and delivered with the creativity and instructional expertise of West Virginia teachers, will become a powerful resource for preparing students to meet today’s challenges.

Alphabetical Listing of State-Approved CTE Programs of Study and Clusters Program of Study (POS)

POS #

Cluster Advanced Medical Preparedness HE1010 Aerospace Engineering ST2200 Science, Technology, Engineering, and Mathematics Agribusiness Systems AG0120 Allied Health Sciences HE0715 Animal Processing AG0230 Animal Systems AG0220 Automotive Technology TR1620 Aviation Maintenance Technician MA1601 Baking and Pastry HO1015 Hospitality and Tourism Biomedical Science HE0780 Broadcasting Technology AV1680 Arts, A/V Technology, and Communications Building Maintenance and Operations AR1800 Business Enterprise BM1965 Business Management and Administration Career and Work Skills Training (CWST)

BM0510

Business Management and Administration Carpentry AR1820 Cisco Networking Academies IT1640 Coding, AI and Game Design IT1470 Collision Repair Technology TR1670 Computer Aided Drafting and Design AR1720 Computer Science IT2215 Computer Systems Repair Technology IT1680 Dental Assisting HE0700 Diesel Equipment Technology TR1740 Early Childhood Classroom Assistant Teacher ED1320 Education and Training E-Commerce BM1960 Business Management and Administration Electrical Technician AR1760 Emergency and Firefighting Management Services LA2200 Law, Public Safety, Corrections, and Security Energy and Power ST2175 Science, Technology, Engineering, and Mathematics Entrepreneurship and Innovation BM1950 Business Management and Administration Financial Management FI1420 Finance Forest Industry AG0130 Global Logistics and Supply Chain Management TR2215 Graphic Design and Illustration AV1840 Arts, A/V Technology, and Communications HVAC Technician AR1600 Individual Work Ready Competencies (IWRC)

WV5502

West Virginia Specific Career Industrial Equipment Maintenance MA1870 Industrial Robotics MA1650 Information Management IT1450 JROTC GO1070 Government and Public Administration Law and Public Safety LA1020 Law, Public Safety, Corrections, and Security Machine Tool Technology MA1900 Manufacturing: Production and Design MA1910 Marketing Management MK0420 Marketing Masonry AR1910 Millwork and Cabinetmaking MA2120 Multimedia Publishing AV1684 Arts, A/V Technology, and Communications Natural Resources Management AG0170 Pet Grooming AG0223 Plant Systems AG0210 Plumbing AR2140 Power Equipment Systems TR1960 Power, Structural and Technical Systems AG0110 Pre-Cosmetology HU2311 Human Services Pre-Engineering ST2460 Science, Technology, Engineering, and Mathematics ProStart Restaurant Management HO1010 Hospitality and Tourism Robotics MA1630 School Service Personnel HU2335 Human Services Sign Language Translator HU1038 Human Services Social Journalism AV1690 Arts, A/V Technology, and Communications Social Services HU2330 Human Services Sports Medicine HE0800 Therapeutic Services HE0723 Tourism HO1220 Hospitality and Tourism Virtual Simulation and Game Development IT1445 Welding MA1980 Definitions Advanced Career Education (ACE). Programs designed to provide adult students with specific workforce training. ACE programs offer credentials, certifications, and licenses at nationally accredited career centers.

Advisory Councils. Comprised of two to five members external to the institution. Each member shall have knowledge and expertise in the occupational field represented. The advisory committee meets twice annually (in-person or virtually), with two external members present at each meeting. The advisory committee must follow an agenda and maintain typed minutes.

Alternate CTE Pathways. These pathways are intended to offer at-risk students additional flexibility while meeting their career aspirations by providing them with marketable job skills and opportunities to test for nationally recognized certifications.

Career Integrated Experiential Learning (CIEL) – See W. Va. 126CSR32, Policy 2444.4, Issuance of the State of West Virginia High School Equivalency Diploma and Option Pathway.

Individual Work Read Competencies (IWRC) – A state-approved CTE career pathway that provides students with a current Individualized Education Program (IEP) the opportunity to gain valuable work readiness and occupational skills as determined by the Student Assistance Team.

Career Technical Education (CTE). Provides an important pathway to success for secondary students and offers students an opportunity to personalize their education based on career interests and unique learning needs.

Career Technical Standards. A set of rigorous, high-quality pathway standards that define what students should know and be able to do after completing instruction in a related CTE program.

Career Clusters. Broad groupings of related careers as defined by the United States Department of Education (ED) and United States (U.S.) Department of Labor – Occupational Classification.

Career Experience. On-the-job training (OJT) experiences with an evaluation component that is designed to enhance technical instruction and academic competencies. Each industry training shall have an annually signed agreement between the school and the participating business.

Career Learning. Connects meaningful community service experiences with classroom learning and civic responsibility, allowing students to apply academic concepts to authentic projects in the community.

Career Pathways. Subcategories of closely related careers under each of the 16 Career Clusters.

Career Preparation. Blends classroom instruction with work experience where students work with an employer for a specific period. Career Preparation experiences are paid or unpaid, curriculum-driven, work-based learning opportunities established by a CTE program of study or courses.

Career Simulation. Implements workplace protocols in the classroom that align with the West Virginia workforce requirements, including random drug testing, professionalism, attendance, and safety.

Career Technical Student Organizations (CTSO). CTSOs are integrated into programs of study as co-curricular activities and designated as nonprofit organizations. CTSOs are authorized by the U.S. Congress in Perkins V.

Carl D. Perkins Career and Technical Education Act of 2006, as amended by the Strengthening Career and Technical Education for the 21st Center Act (Perkins V). Develops the academic knowledge and technical/employability skills of secondary and postsecondary education students who elect to enroll in CTE programs. Perkins V requires secondary, postsecondary, and business/industry to work together to strengthen CTE for students. Funding may be used for occupationally relevant equipment, vocational curriculum materials, materials for learning labs, curriculum development or modification, professional learning, career counseling and guidance activities, efforts for academic-vocational integration, supplemental services for special populations, recruit and retain vocational staff, support student organizations, and the expansion of middle school vocational programs. Funds are allocated to county boards of education, multi-county vocational centers, schools of diversion and transition, and postsecondary institutions with CTE programs. State Determined Levels of Performance are utilized to assess the effectiveness of Perkins at the state, county, and school levels.

Certification. A designation earned by a person to assure qualification to perform a particular job or task and is approved by a recognized credentialing agency.

Civil Rights. Overseen by the U. S. Department of Education’s Office of Civil Rights (OCR) to assure the civil rights compliance programs of state agencies that administer CTE. Pursuant to federal guidelines, entitled Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Vocational Education Programs (34 C.F.R. Part 100, Appendix B), state agencies are required to collect and analyze civil rights-related data, conduct periodic civil rights compliance reviews of selected subrecipients, notify subrecipients of violations and steps they must take to remedy unlawful discrimination, provide technical assistance upon request to subrecipients, and report these Methods of Administration (MOA) compliance activities and findings periodically to OCR.

CTE Completer. A student who has transcribed a full credit for each of the four core courses as defined within a state-approved CTE program of study and has completed the state-approved technical assessment.

CTE Concentrator. A student who has received at least two transcribed credits for core or survey courses in a state-approved or WVDE-recognized CTE program of study (grades 9-12).

CTE Course Types:

CTE Core Courses. State-approved courses that appear as a primary or specialized course in a program of study.

CTE Enrichment Course. State-approved optional courses provide enhanced opportunities to build upon CTE courses to meet student needs, interests, abilities, and goals.

CTE Exploratory Course. A state-approved middle school non-credit-bearing course for exploring careers.

CTE Survey Course. A WVDE-recognized experiential learning course.

CTE Multi-Completer. A student who has transcribed a full credit for each of the four core courses as defined within a state-approved CTE program of study and has completed the state-approved technical assessment for more than one CTE program of study.

CTE Participant. A student who receives a minimum of one transcribed credit for a state-approved CTE‑core or enrichment, or a WVDE-recognized survey course.

CTE Portfolio. A resume and a collection of documents showcasing an individual’s learning experiences, goals, and achievements.

CTE Program Categories:

CTE Concentration. A locally approved sequence of four CTE courses.

State-approved CTE program of study. Four CTE courses, as defined within a CTE program of study, that address state economic labor market needs as verified by Workforce data and lead to an industry-recognized credential/certificate or postsecondary education.

CTE Survey program of study. A WVDE-recognized experiential learning program of study. Survey programs of study are made up of survey courses and do not include a state-approved technical assessment. Students taking a survey program of study are not eligible for completer status.

CTE School Types:

CTE in High School. A high school offering four or fewer career clusters.

Comprehensive High School. A high school offering career clusters based on the student population. Schools with a population of: 0-400 students must offer a minimum of three career clusters, 401-800 students must offer a minimum of four career clusters, or 801+ students must offer a minimum of five career clusters.

County Career Center. A career center that services students from the county in which it is located.

Multi-county Career Center. Two or more contiguous counties joined together to provide programs at a CTE center that serves students from all participating counties. Refer to W. Va. 126CSR71, Policy 3232, Establishment Procedures and Operating Policies for Multi-county Career and Technical Education Centers.

CTE in Specialized Facilities. A state-approved facility (e.g., West Virginia Schools for the Deaf and Blind, West Virginia Schools of Diversion and Transition) offering students CTE opportunities.

Earn a Degree-Graduate Early (EDGE). An opportunity that provides students with both high school and college technical education credit at the discretion of the postsecondary institution. Such an opportunity must meet both the specified content standards for the secondary offerings and the college course requirements.

Embedded Credit. Definition found in Policy 2510, Glossary of Terms.

Fulfillment Credit. A state-approved CTE course or courses that fulfill a graduation requirement as outlined in Policy 2510.

Industry Recognized Credentials/Certificates. Certifications, licenses, or certificates business and industry recognize as valuable and illustrate an individual’s understanding and/or mastery of technical knowledge.

Personal Protective Equipment (PPE). Appropriate industrial-quality protective-ware provided, used, and maintained in a sanitary and reliable condition where it is necessary by reason of hazards processes/environments, chemical and radiological hazards, or mechanical irritants encountered in a manner capable of causing injury/impairment to any part of the body. Types of protective-ware include, but are not limited to, protective clothing, respiratory devices, and protective shields and barriers used to protect eyes, ears, face, head, and extremities. PPE shall be worn by every student, instructor, or any other person in educational programs, laboratories, or shops in the public schools of West Virginia when instructional/observational activities are such that students, instructors, or other persons are exposed to: flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation; air contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, with the primary objective being the prevention of atmospheric contamination; powered milling, sawing, turning, shaping, cutting, sanding, grinding, or stamping of any solid materials; hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes; foot injuries due to falling or rolling objects, or objects piercing the sole, or when the use of protective footwear will protect the affected individual from an electrical hazard, such as a static-discharge or electric-shock hazard, that remains after the employer takes other necessary protective measures; potential for injury to the head from falling objects; heat treatment, tempering, or kiln firing of any metal or other materials; gas or electric arc welding or other forms of welding processes and injurious radiations or other hazards not enumerated; caustic or explosive materials and hot liquids or solids; and occupational noise at or above 85 decibels for an extended period of time (National Institute for Occupational Safety and Health [NIOSH]).

Positive Job Placement. CTE completers who secure a job, continue their education, or join the military.

Safety Assessment. An instructor-developed and administered general and equipment specific safety exam. The general safety exam covers generalities across the spectrum for each program and is a written exam. The equipment specific exam has both a written and performance component for each piece of equipment to which the student has access. EVERY student must pass ALL safety exams with a score of 100 percent before having access to available equipment.

Safety Environment. Requires that equipment and devices shall meet or exceed the minimum requirements under Section 6 of the Occupational Safety and Health Standards Act of 1970, specifically Subpart I of 29-CFR1910 and the appropriate standards published by the American National Standards Institute, the National Fire Prevention Association, and the National Institute for Occupational Safety and Health. The selection, maintenance, and use of this equipment shall be governed as incorporated under Section 6 of the Act (OSHA).

State-Approved CTE Programs List. Identifies the programs of study recognized by the WVDE for accountability and funding.

Supervised Agricultural Experience (SAE). A unique aspect of agricultural education providing students an opportunity to apply knowledge and skills gained in the classroom to authentic work experiences outside the classroom in Exploratory, Research, Work Placement, and Entrepreneurship areas. Every student enrolled in an agriculture program of study is required to develop an SAE. To complete the program of study, the student must implement an SAE and keep online financial records of all transactions for two years using a state-approved data system. To best accommodate the SAE process, county boards of education may extend teacher contracts to ensure proper student supervision during summer months, thus extending work-based learning opportunities.

Technical Assessment. A business/industry-designed assessment given to CTE students to measure the attainment of career-related technical skills as it relates to their program of study.

West Virginia College- and Career-Readiness Programs of Study/Content Standards. The culminating collection of specific technical skills students should be able to accomplish after completing instruction from a state-approved CTE course, to include the particular category of craft knowledge, abilities, and experience required to perform the necessary tasks within a specific profession.

Work-Based Learning. Provides students with authentic work experience related to technical instruction and academic competencies.

CTE Initiatives Classroom 2 Career Work-based learning opportunities categorized by Career Simulation, Career Learning, Career Preparation, and Career Experience to include, but are not limited to, service-learning projects, co-curricular work experience, entrepreneurial experiences, externships, internships, and apprenticeships.

Governor’s Workforce Credential A credential awarded by West Virginia’s Governor to CTE completers who achieve a rigorous set of standards within their state-approved CTE program of study and demonstrate exemplary performance within the emerging workforce. Graduating completers must successfully meet the established criteria as referenced in the Guidance Document of Policy 2520.13.

Middle School CTE Middle school CTE allows students to navigate a variety of career-focused programs through engaging, hands-on activities. The WVDE offers three initiatives that allow students to explore CTE in their classroom: Discover Your Future, PLTW Gateway, and Empowerment Collaborative.

Simulated Workplace An instructional environment that creates a high-quality workplace culture, providing students with opportunities to learn business/industry processes and procedures.

All state-approved secondary CTE programs require a shift to a workplace environment exposing students enrolled in the first and second program courses and fully implementing the following required protocols in the third and fourth program courses.

Student Led Companies Application/Interview Structure Formal Attendance System Drug-Free Work Zone 6S Environments Safe Work Areas Workplace Teams Project Based Learning/Student Engagement Company Name and Handbook Company Meetings Onsite Business Reviews Accountability (Data review, report, and technical assessments.)

CTE Middle School Courses CTE Exploratory Courses Case AgXplore Exploring Health Professions Future Careers Regional Careers Discover Your Future Exploring Touring in West Virginia Gateway Automation and Robotics Gateway Design and Modeling Gateway Energy and Environment Gateway Flight and Space Gateway Green Architecture Gateway Magic of Electrons Gateway Science of Technology Gateway Medical Detectives Gateway App Creators Gateway Computer Science for Innovators and Makers Middle Exploring Technology 6 Middle Exploring Technology 7 Middle Exploring Technology 8 Career Exploration CTE courses that 8th grade students may take for high school graduation credit.

Introduction to Agriculture Food and Natural Resources Human Body Systems Parenting and Strong Families Foundational Food Preparation Introduction to Tourism Business Computer Applications 1 Keyboarding Technical Computer Application 1 Engineering Essentials Basic Computer Basic Programming CTE High School Enrichment Courses CTE High School Enrichment Courses Agricultural Cooperative Education Leadership Development Grounds Maintenance Agricultural Experience Program 2 Sports, Entertainment, and Recreation Marketing Work-Based Integration and Transition 1 Ready to Work 1 Entrepreneurial Preparedness Ready to Work 2 Classroom 2 Career Certified Nursing Assistant Certified Patient Care Technician Employment in Health Occupation ECG/Phlebotomy Understanding Human Behavior Health Science Clinical Experience Medical Assistant Administrative Procedures 2 Nutrition and Wellness Dental Assistant Practices Dental Assisting Clinical Mentoring Dental Specialties Supervised Dental Clinical Experience Learning for Independence Family and Employment Nutrition and Foods Foundation Foundational Food Preparation Practical Know-How Career Connection Food Service Management Practices Culinary Nutrition and the Menu Baking and Pastry Applications Principles of Investigation Public Safety and Wellness Addition and Prevention JROTC 5 JROTC 6 JROTC Internship Event Production Operations Event and Project Planning and Management Leisure Behavior Introduction to Recreation and Leisure Keyboarding Personal Finance Principles of Entrepreneurship Fundamentals of Media Writings Information Graphics CTE High School Enrichment Courses (Continued)

Basic Control Circuits Air Conditioning Applications Domestic Refrigeration Fossil Fuel Heating Systems Heating Systems Commercial Air Conditioning Ductwork Fabrication Blueprint Reading Detailing and Interior Parts Mechanical and Electrical Components Refinishing Techniques Custom Finishing Processes PC Essentials Hardware Imaging for the Web Introduction to Computer Aided Drafting Piping Systems Civil Drafting Structural Steel Drafting Advanced Computer Aided Drafting Diesel Equipment Electrical Systems Diesel Engine Tune-Up and Troubleshooting Diesel Preventative Maintenance and Inspection Diesel Truck Chassis Concepts Fundamentals of Electricity Basic Plumbing and Electricity Fundamentals of Facilities Maintenance Applications in Commercial Construction Concrete Finishing Blueprint Reading for Construction Finishing Carpentry Framing Practices and Applications Building Construction Applications Masonry and Plumbing Fundamentals of Computer Graphics Computer Graphics Fundamentals of Desktop Publishing Desktop Publishing/Page Layout Engine Machining Machine Tool Technology Integrated Machine Processes Machining Processes and Applications CNC Machining Block and Rock Laying Advanced Masonry Procedures Bricklaying Bricklaying Applications Decorative Masonry Work CTE High School Enrichment Courses (Continued)

Foundation and Footings Fundamentals of Masonry Power Equipment Systems Applications Recreational Applications Compact Diesels Generators Ornamental Metalwork Blueprint Reading and Metallurgy Gas Metal Arc Welding Gas Tungsten Arc Welding Agriculture Blueprint/CAD Agriculture Intro to Oxy-Acetylene/Arc Welding Cabinet Construction Smoldering and Flaring Copper Pipe Gas Piping Drains, Waste, and Vent Systems Plumbing Fixtures Fire Science Technology Telecommunicator Auto Extrication Drive/Pump Operator Touring West Virginia CTE High School Programs of Study Agriculture, Food, and Natural Resources Career Cluster™ (AG)

AG0120

Agribusiness Systems Must enroll in the following two courses.

The Science of Agriculture Students shall receive one full credit based on completion of approved SAE and submission of approved documentation. Two years must be completed to meet the requirement. Refer to the Guidelines to Awarding SAE Credit document for more information.

Must select one of the following courses.

Agriculture Entrepreneurship Food Science Technology Fundamentals of Agriculture Mechanics Agricultural Biotechnology Advanced Principles of Agriculture Fundamentals of Animal Processing Animal Production and Management CASE Principles of AG Science – Animal CASE Agriculture Business, Research, and Development CASE Animal and Plant Biotechnology CASE Food Science and Safety CASE Principles of AG Science – Plant Forest Management Natural Resource Management Horticulture AG0230 Animal Processing Must enroll in the following two courses.

Fundamentals of Animal Processing Students shall receive one full credit based on completion of approved SAE and submission of approved documentation. Two years must be completed to meet the requirement. Refer to the Guidelines to Awarding SAE Credit document for more information.

Animal Processing – Retail Animal Processing – Plant AG0220 Animal Systems Must enroll in one of the following courses.

Animal Production and Management CASE Principles of Agriculture Science - Animal Must enroll in the following course.

Students shall receive one full credit based on completion of approved SAE and submission of approved documentation. Two years must be completed to meet the requirement. Refer to the Guidelines to Awarding SAE Credit document for more information.

Aquaculture Companion Animal Care CASE Animal and Plant Biotechnology CASE Food Science and Safety Introduction to Pet Grooming, Boarding, and Obedience Livestock Production Equine Science WV CTE Program of Study AG0130 Forest Industry Fundamentals of Forestry Forest Management Timber Management Advanced Principles of Forestry WV CTE Program of Study AG0170 Natural Resources Management Must enroll in the following courses.

Natural Resources Management Students shall receive one full credit based on completion of approved SAE and submission of approved documentation. Two years must be completed to meet the requirement. Refer to the Guidelines to Awarding SAE Credit document for more information.

Forest Management Fish and Wildlife Management Land Management and Surveying AG0223 Pet Grooming Introduction to Pet Grooming, Boarding, and Obedience Pet Grooming, Boarding, and Obedience Entrepreneurship Pet Grooming and Understanding Personalities Advanced Pet Grooming and Understanding Personalities Pet Boarding and Obedience AG0210 Plant Systems Must enroll in one of the following courses.

Horticulture CASE Principles of Agricultural Science – Plant Must enroll in the following course.

Students shall receive one full credit based on completion of approved SAE and submission of approved documentation. Two years must be completed to meet the requirement. Refer to the Guidelines to Awarding SAE Credit document for more information.

CASE Animal and Plant Biotechnology CASE Food Science and Safety Floriculture Greenhouse Production and Management Fruit and Vegetable Production Turf and Landscape Systems AG0110 Power, Structural and Technical Systems Must enroll in the following courses.

Fundamentals of Agriculture Mechanics Students shall receive one full credit based on completion of approved SAE and submission of approved documentation. Two years must be completed to meet the requirement. Refer to the Guidelines to Awarding SAE Credit document for more information.

Agriculture Structures Agriculture Equipment and Repair Agriculture Engineering Agriculture Small Engine Repairs Architecture and Construction Career Cluster™ (AR)

WVDE requirement to be eligible to sit for the Electrical Journeyman License.

Attain an overall grade of “B” or better in the four required state-approved CTE Electrical Technician program of study core courses AND four specialized courses used to meet the 1080-hours needed to sit for the Journeyman License as stated in the Electrical Licensing Rules from the Office of the West Virginia State Fire Marshal;

Attain a verified school attendance record of no more than six-days absent in a one year (1080-hour) program or 12-days absent in a two year (1080-hour) program;

Earn the OSHA 10 certification;

Pass a minimum of two documented drug screenings; AND Score at or above the Workforce Entry-Level cut score on the industry-recognized written AND satisfactorily pass a school-identified performance assessment.

AR1800

Building Maintenance and Operations Building Maintenance and Operations 1 Building Maintenance and Operations 2 Building Maintenance and Operations 3 Building Maintenance and Operations 4 AR1820 Carpentry Carpentry 1 Carpentry 2 Carpentry 3 Carpentry 4 WV CTE Program of Study AR1720 Computer Aided Drafting and Design Fundamentals of Drafting Drafting Techniques Mechanical Drafting Architectural Drafting AR1760 Electrical Technician Electrical Trades 1 Electrical Trades 2 Electrical Trades 3 Electrical Trades 4 Journeyman Required Courses:

Must complete at least four of the courses listed below to meet the 1080-hour requirement and be recommended to sit for the Journeyman Electrician License exam.

Blueprint Reading for Electricians Industrial and Commercial Wiring Integrated Electrical Lab National Electrical Code Residential Wiring Rotating Devices and Control Circuitry AR1600 HVAC Technicians HVAC 1 HVAC 2 HVAC 3 HVAC 4 AR1910 Masonry Masonry 1 Masonry 2 Masonry 3 Masonry 4 AR2140 Plumbing Plumbing 1 Plumbing 2 Plumbing 3 Plumbing 4 Arts, A/V Technology, and Communications Career Cluster™ (AV)

AV1680

Broadcasting Technology Fundamentals of Broadcasting Radio Broadcasting Presentations Television Production Applications Broadcast Operations Producing Live TV Video Editing AV1840 Graphic Design and Illustration Fundamentals of Illustration Illustration Must select a specialization program and complete both courses.

Graphic Design Fundamentals of Graphic Design Graphic Design Applications Illustration AP Art History AP Drawing AV1684 Multimedia Publishing Introduction to Visual Communication Digital Photography Videography Cross-media Publishing AV1690 Social Journalism Primary Courses Must complete the following courses.

Fundamentals of Media Writing Cross-Media Publishing Must enroll in one of the following courses.

Dual Credit English Language Arts 11 AP English Language and Composition Must enroll in one of the following courses.

Dual Credit English Language Arts 12 AP English Literature and Composition Business Management and Administration Career Cluster™ (BM)

Note: *Business Computer Applications 1 (1411) is a prerequisite for Business Computer Communications (1422).

BM0510

Career and Work Skills Training (CWST)

Career and Work Skills Training 1 Career and Work Skills Training 2 CWST Work Experience 1 CWST Work Experience 2 BM1965 Business Enterprise Business Computer Application 1 Must select three courses.

Business Computer Communications Business Law and Ethics Business and Marketing Essentials Office Procedures Entrepreneurship 1 Dual Credit Business Economics BM1960 E-Commerce E-Commerce 1 E-Commerce 2 E-Commerce 3 E-Commerce 4 BM1950 Entrepreneurship and Innovation Entrepreneurship 1 Entrepreneurship 2 Entrepreneurship 3 Entrepreneurship 4 Education and Training Career Cluster™ (ED)

Note: *Early Learning Child Development (13211) and Early Learning Special Needs Inclusion (1322) are prerequisites for Early Learning Language and Literacy (1323) and Early Learning Numeracy (1324).

ED1320

Early Childhood Classroom Assistant Teacher (ECCAT)

Early Learning Child Development Early Learning Special Needs Inclusions Early Learning Language and Literacy* Early Learning Numeracy* Finance Career Cluster™ (FI)

FI1420

Financial Management Primary Course:

Accounting Principles 1 Must select three courses.

Accounting Principles 2 Dual Credit Financial Markets E-Commerce and Financials Introduction to Finance Business Finance AP Microeconomics Government and Public Administration Career Cluster™ (GO)

GO1070

JROTC

JROTC 1

JROTC 2

JROTC 3

JROTC 4

Health Science Career Cluster™ (HE)

Notes:

The WVDE recommends that each course must be passed with 80 percent or higher to move on to the next course. Each program of study should have its own grading policy listed in its handbook.

Health Science Clinical Experience (0730) may be scheduled in conjunction with 0756, 0772, 0732, 0733, 0789, 0790, 0810, 0825, and 0843 to create a two-block credit. * Foundations of Health Science (0711) is a prerequisite for Advanced Principles of Health Science (0715). These two courses provide the introductory core for all Health Science programs of study. ** These courses required 100 percent drug testing prior to entering the clinical experiences.

HE1010

Advanced Medical Preparedness Foundations of Health Science* Advanced Principles of Health Science* Must select two courses.

Body Structures and Functions Medical Terminology Introduction to Pharmacology Medical Math HE0715 Allied Health Science Foundations of Health Science* Advanced Principles of Health Science* Must select a specialization program and complete both courses.

Medical Laboratory Technicians Medical Laboratory and Diagnostic Procedures Medical Lab Diagnostic Procedures and Applications** Emergency Services Emergency Services 1 Emergency Services 2** Medical Assisting Medical Assistant Laboratory and Diagnostic Procedures Medical Assistance Clinical** Clinical Diagnostics Electrocardiograph Technician Phlebotomy Skills** PTCP Prep PTCB Preparation PTCB Clinical Applications** HE0780 Biomedical Science Principles of Biomedical Science Human Body Systems Medical Interventions Biomedical Innovation HE0700 Dental Assisting Dental Assisting 1 Dental Assisting 2 Dental Science Dental Assisting Clinical** HE0800 Sports Medicine Foundations of Sports Medicine Advanced Principles of Sports Medicine Athletic Injury Recognition and Prevention Practical Applications of Sports Medicine** HE0723 Therapeutic Services Foundations of Health Science* Advanced Principles of Health Science* Clinical Specialties 1** (Select one specialty below.)

Clinical Specialties 2** (Select one specialty below.)

Must select a specialty.

Health Occupations Certified Nursing Assistant Certified ECG Technician Certified Health Unit Coordinator Certified Patient Care Technician Certified Phlebotomy Technician Community Emergency Response Team Dental Aide Dietary Aide Direct Care Workers Electronic Health Record Specialist Environmental Services Orientation to Practice Nursing Laundry Aide Physical Therapy Aide Pre-Pharmacy Technician Imagery Aide Hospitality and Tourism Career Cluster™ (HO)

HO1015

Baking and Pastry Baking and Pastry Foundations Baking and Pastry 1 Baking and Pastry 2 Baking and Pastry Advanced HO1010 ProStart Restaurant Management Restaurant and Culinary Foundations Restaurant Management Essentials Advanced Principles in Food Production Restaurant Professional HO1220 Tourism Introduction to Tourism Travel West Virginia Must select two courses.

Tourism Marketing Adventure Tourism Outdoor Education Parks and Recreation Program Management Tourism Internship Tourism Leadership Tourism Operations Agritourism Human Services Career Cluster™ (HU)

Note: * Social Work Advocacy (0909) is a pre-requisite for Legal and Practical Applications (0910).

HU2311

Pre-Cosmetology Primary Course:

Barbering and Cosmetology Foundations Must select a specialization program and complete all courses.

Aesthetics Skin Sciences Aesthetics Science General Aesthetics 1 Nail Technology Nail Technology Science and Procedures Art of Nail Technology Nail Technology Clinical Experiences Hair Stylist Cosmetology Professional 1 Cosmetology Professional 2 Cosmetology Professional Advanced Licensing Required Courses:

Select the four courses listed below to complete the minimum requirements for Hair Stylist by the Board of Barbers and Cosmetologists:

Cosmetology Science 1 Cosmetology Science 2 Cosmetology Chemical 1 Cosmetology Chemical 2 Select the course listed below to complete the minimum requirements for Aesthetics by the Board of Barbers and Cosmetologists.

General Aesthetics 2 HU2335 School Service Personnel School Service Personnel 1 School Service Personnel 2 School Service Personnel Special Topics School Service Personnel Internship HU1038 Sign Language Translator American Sign Language 1 American Sign Language 2 Sign Language Translator 1 Sign Language Translator 2 HU2330 Social Services Parenting and Strong Families Fundamentals of Social Services Social Work Advocacy Legal and Practical Applications* Information Technology Career Cluster™ (IT)

IT1640

CISCO Networking CCNA1 CCNA2 CCNA3 CCNA4 IT1470 Coding, AI and Game Design Coding, App and Game Design 1 Coding, App and Game Design 2 Must select two courses.

Digital Imaging / Multimedia 1 Digital Imaging / Multimedia 2 Concepts of Gaming Basic Computer Basic Programming Computer and Information Science Computer Science / Programming General Computer Applications Object-Oriented Languages Computer Science in the Modern World Foundations of Programming Part 1 IT2215 Computer Science Computer Science Essentials AP Computer Science Principles AP Computer Science Applications Cybersecurity IT1680 Computer Systems Repair Technology CompTIA A+ Core 1 CompTIA A+ Core 2 Networking+ Intro to Network Cabling-Fiber Optic Based Systems Server+ Security+ Linux Essentials IT1450 Information Management Technical Computer Applications 1 Technical Computer Applications 2 Must select two courses.

Desktop Publishing Digital Imaging / Multimedia 1 Fundamentals of Computer Science IT1445 Virtual Simulation and Game Development Digital Imaging / Multimedia Virtual Web Page Publishing Game Design 1 Virtual Game Design 2 Virtual Law, Public Safety, Corrections, and Security Career Cluster™ (LA)

LA2200

Emergency and Firefighting Management Services Fire Fighting 1 Fire Fighting 2 Must select a specialization program and complete both courses.

Industrial Fire Safety Industrial Incident Command Industrial Hazardous Material Emergency Management Emergency Medical Preparedness 1 Emergency Medical Preparedness 2 LA1020 Law and Public Safety Fundamentals of Public Safety Leadership Ethical Issues in Public Safety Practical Applications of Public Safety Seminar in Courts and Legal Systems Seminar in Corrections Seminar in Law Enforcement Strategic Security and Legal System Forensic Science Manufacturing Career Cluster™ (MA)

MA1601

Aviation Maintenance Technician Aviation Fundamentals 1 Aviation Fundamentals 2 Airframe Systems 1 Airframe Systems 2 MA1870 Industrial Equipment Maintenance Fundamentals of Industrial Equipment Maintenance Hydraulic and Pneumatic Systems Electrical Maintenance Fundamentals of Welding Technology MA1650 Industrial Robotics FANUC Operator 1 FANUC Operator 2 FANUC Technician 1 FANUC Technician 2 MA1900 Machine Tool Technology Fundamentals of Machine Tool Technology Fundamentals of Machine Processes Machine Tool Operations Metal Trades Processes and Applications MA1910 Manufacturing: Production and Design Production and Design Concepts Mechanical Drive and Quality Control Special Topics in Production and Design Manufacturing Internship MA2120 Millwork and Cabinetmaking Millwork and Cabinetmaking 1 Millwork and Cabinetmaking 2 Millwork and Cabinetmaking 3 Millwork and Cabinetmaking 4 MA1630 Robotics Robotics 1 Robotics 2 Must select a specialization program and complete both courses.

Robotics Robotics 3 Robotics 4 Drones FAA 107 Ground Operations FAA 107 Flight Operations MA1980 Welding Welding 1 Welding 2 Welding 3 Welding 4 Marketing Career Cluster™ (MK)

MK0420

Marketing Management Marketing Principles Marketing Applications Cross-Media Marketing Marketing Work Experience/Internship Science, Technology, Engineering, and Mathematics Career Cluster™ (ST)

Note: *New Age Engineering 1 (2459) is a prerequisite for New Age Engineering 2 (2460).

ST220

Aerospace Engineering AC Aerospace Engineering 1 AC Aerospace Engineering 2 AC Aerospace Engineering 3 AC Aerospace Engineering 4 ST2175 Energy and Power AC Energy, Power, and Engineered System 1 AC Energy, Power, and Engineered System 2 AC Energy, Power, and Engineered System 3 AC Energy, Power, and Engineered System 4 ST2460 Pre-Engineering Engineering Essentials Introduction to Engineering Design Must select three courses.

Engineering Capstone New Age Engineering 1 New Age Engineering 2* Digital Electronics Principles of Engineering Engineering Design and Development Computer Integrated Manufacturing Civil Engineering and Architecture Aerospace Engineering Environmental Sustainability AP Computer Science Principles Transportation, Distribution, and Logistics Career Cluster™ (TR)

TR1620

Automotive Technology Automotive Technology Maintenance and Light Repair (MLR) 1 Automotive Technology MLR 2 Automotive Technology MLR 3 Automotive Technology MLR 4 Select the four courses listed below to complete the Automotive Service Technician (AST).

Automotive Technology AST 1 Automotive Technology AST 2 Automotive Technology AST 3 Automotive Technology AST 4 TR1670 Collision Repair Technology Fundamentals of Collision Repair Technology Non-Structural Analysis and Damage Repair Structural Analysis and Damage Repair Surface Preparation and Refinishing TR1740 Diesel Equipment Technology Fundamentals of Diesel Equipment Technology Electronic Engine Control Diesel Engine Components Diesel Support Systems TR2215 Global Logistics and Supply Chain Management AC Global Logistics and Supply Chain Management 1 AC Global Logistics and Supply Chain Management 2 AC Global Logistics and Supply Chain Management 3 AC Global Logistics and Supply Chain Management 4 TR1960 Power Equipment Systems Fundamentals of Power Equipment I Fundamentals of Power Equipment II Power Equipment Service I Power Equipment Service II West Virginia Career Cluster (WV)

Individual Work Ready Competencies (IWRC) Notes:

The IWRC pathway is designed to provide some students with an IEP who are pursuing a standards-based high school diploma the opportunity to gain occupation ready skills related to their desired CTE career programs of study during high school.

An IWRC student must enroll in the four CTE program of study core courses as detailed in this policy and plan to enter the workforce directly after high school with OTJ training, apprenticeship, or continued technical training as an adult.

The Personalized Education Plan (PEP) and the student’s IEP must be updated to reflect the change from state-approved CTE program of study to state-approved IWRC.

The IEP for the student describes any specially designed instruction, support, or accommodations necessary for student success.

WV5502

Individual Work Ready Competencies (IWRC)

Eligibility for participation in IWRC will be based on the following: the student shall have a current IEP and be pursuing a standard diploma, the student shall be provided accommodations and/or supports as indicated in the IEP, the student must pass ALL safety exams with a score of 100 percent, and the student is unable to master ALL required standards of the CTE program of study.

Program Evaluation:

The student will: follow the state-approved CTE program of study follow the IWRC standards established by the Student Assistance Team (SAT), and complete the IWRC technical assessment for the CTE program of study with accommodations or supports as indicated in the IEP.

Recommended Student Certificate(s):

The IWRC student will be eligible to test for all industry certifications upon meeting qualification.

Advanced Career Education (ACE) Programs of Study The WVDE endorses institutions that choose to offer ACE programs that provide career and technical training programs to adult postsecondary students. These institutions are governed by their local county board of education or multi-county administrative council. The institution shall maintain appropriate written policies and procedures as they pertain to the operation of postsecondary schools and programs.

All programmatic decisions such as program offerings, program length, and program modes of delivery are at the discretion of the local board of education or multi-county administrative council. The institution shall be responsible for submitting all state and federal reports to remain compliant and in good standing with accountability processes, including, but not limited to enrollment; periods of enrollment; academic progress; attendance; awarded certifications/credentials; grades; graduates/completers; community partnerships and articulation agreements; placement; licensure; tuition and additional fees; and revenue and operational expenses.

Institutions may be accredited by an agency recognized by the U.S. Department of Education (ED) and may participate in financial aid programs. The WVDE may provide institutional verification letters stating that an institution is compliant and in good standing with the state accountability processes. The local board of education or multi-county administrative council will issue verification letters of programmatic approval. Practical Nursing is the only program of study that requires national accreditation, per W. Va. Code §30-7A-8.

Programming The WVDE provides a list of state-approved training programs for funding and accountability purposes. Institutions may choose to offer additional local training programs outside of the WVDE-approved list, that are deemed a local workforce need.

All postsecondary programs (state-approved or local) should include: program of study title and course plan of study/course sequence; the number of clock/credit hours of instruction to be provided; tuition, fees, and other program costs; course standards and instructional outcomes; national certifications/credentials to be earned with disclosure of any waiting periods or work requirements to sit for the exam; articulation agreements available; student performance expectations and graduation requirements; admission and academic requirements for enrollment; and definitive program start and end dates.

WVDE state-approved training programs for funding and accountability purposes include:

Program of Study Number Program of Study Name HU9205 American Sign Language (ASL) Translator TR9801 Automotive Technician MA9710 Aviation Maintenance Technology HU9501 Barbering HE9308 Certified Nursing Assistant MA9704 Certified Welder TR9803 Commercial Driving HU9505 Cosmetology HO9401 Culinary Arts HE9306 Dental Assisting TR9802 Diesel Mechanic ED9901 ECCAT AR9101 Electrical Technician HE9302 Electrocardiograph Technician AR9107 Heavy Equipment Operator AR9105 HVAC Technician MA9705 Manufacturing Robotics HE9314 Massage Therapy HE9307 Medical Assisting HE9301 Phlebotomy Technician AR9103 Plumber in Training HE9311 Practical Nursing HE9312 Respiratory Therapy HE9315 Sterile Processing Technician HE9313 Surgical Technology HE9305 Veterinary Technology

Series 044N West Virginia College- and Career-Readiness Standards for Technology and Computer Science (Policy 2520.14)

W. Va. Code R. § 126-44N-1 General

1.1. Scope. -- W. Va. 126CSR42, West Virginia Board of Education (WVBE) Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.14, West Virginia College- and Career-Readiness Standards for Technology and Computer Science (Policy 2520.14) defines the content standards for Technology and Computer Science as required by Policy 2510.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §18-2-5 and §18-9A-22.

1.3. Filing Date. -- January 11, 2019.

1.4. Effective Date. -- July 1, 2019.

1.5. Repeal of Former Rule. -- This rule repeals and replaces W. Va. 126CSR44N, Policy 2520.14, West Virginia College- and Career-Readiness Standards for Technology and Computer Science, filed April 13, 2017, and effective July 1, 2017.

W. Va. Code R. § 126-44N-2 Purpose

2.1. Policy 2520.14 defines the content standard for the programs of study required by Policy 2510 in technology and computer science by separating the two content areas into distinct sections within the policy.

W. Va. Code R. § 126-44N-3 Incorporation by Reference

3.1. A copy of the West Virginia College- and Career-Readiness Standards for Technology and Computer Science is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education (WVDE). §126-44N.4. Summary of the Content Standards.

4.1. The WVBE has the responsibility of establishing high quality standards pertaining to all educational standards pertaining to all education programs. The content standards provide a focus for teachers to teach and students to learn those skills and competencies essential for future success in the workplace and to further education. The document includes content standards for technology and computer science that are both rigorous and challenging.

W. Va. Code R. § 126-44N-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Introduction West Virginia’s College- and Career-Readiness Standards (WVCCRS) have been developed with the goal of preparing students for a wide range of high-quality post-secondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The WVCCRS establish a set of knowledge and skills that all individuals need to transition into higher education or into the workplace, as both realms share many expectations. All students throughout their educational experience, should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

WVCCRS for Technology and Computer Science promote proficiency in foundational technology skills, digital literacy, digital citizenship, and computer science. College- and career-readiness is supported in Technology and Computer Science as students acquire and develop their abilities to engage and thrive in a connected, digital world. The standards are designed in grade bands (e.g. K-2, 3-5, 6-8, and 9-12), with a goal of cultivating these skills throughout a student’s academic career and challenge them to enhance learning with technology and challenge them to be agents of their own learning.

The overarching goal is to build a rigorous, relevant, challenging, and developmentally appropriate technology and computer science curriculum that prepares students for college- and career-readiness. West Virginia educators play a key role in shaping the content standards to align with the best practices in the field of technology and computer science education. The contributions of these professionals are critical in creating a policy that is meaningful to classroom teachers and appears in a format that can easily be used and understood.

TECHNOLOGY STANDARDS

Explanation of Terms Technology Clusters are the broad components that make up a content area; e.g., Empowered Learner, Digital Citizen, Knowledge Constructor, Innovative Designer, and Computational Thinker, Creative Communicator and Global Collaborator.

Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

Numbering of the Standards The numbering for each standard is composed of three parts, each part separated by a period: the content area code (e.g., T for Technology), the grade band, and the standard.

Illustration:

T.K-2.1 refers to Technology, Empowered Learner, grades K-2, standard 1.

Technology Clusters for Grades K-12 Cluster 1: Empowered Learner - Students leverage technology to take an active role in choosing, achieving, and demonstrating competency in their learning goals, informed by the learning sciences.

Cluster 2: Digital Citizen – Students recognize the rights, responsibilities, and opportunities of living, learning, and working in an interconnected digital world, and they act and model in ways that are safe, legal, and ethical.

Cluster 3: Knowledge Constructor - Students critically curate a variety of resources using digital tools to construct knowledge, produce creative artifacts, and make meaningful learning experiences for themselves and others.

Cluster 4: Innovative Designer – Students use a variety of technologies within a design process to identify and solve problems by creating new, useful, or imaginative solutions.

Cluster 5: Computational Thinker – Students develop and employ strategies for understanding and solving problems in ways that leverage the power of technological methods to develop and test solutions.

Cluster 6: Creative Communicator – Students communicate clearly and express themselves creatively for a variety of purposes using the platforms, tools, styles, formats and digital media appropriate to their goals.

Cluster 7: Global Collaborator – Students use digital tools to broaden their perspectives and enrich their learning by collaborating with others and working effectively in teams locally and globally.

College- and Career-Readiness Indicators for Technology All West Virginia K-12 teachers are responsible for classroom instruction that integrates the West Virginia College- and Career-Readiness Standards for Technology foundational skills, literacy, learning skills and technology tools.

Technology K-2 Students in kindergarten through grade 2 will advance through an integrated, developmentally appropriate progression of standards. By the end of the 2nd grade, students should demonstrate competency in all Technology K-2 standards. The following chart represents the components of technology integration that will be developed in grades K-2.

K-2 Technology Indicators Use a variety of age-appropriate technologies to assist with the learning process.

Deepen learning across a variety of content areas through the use of age-appropriate technologies.

Integrate technology responsibly with the consideration to screen time limitations as outlined in WVBE Policy 2510 per recommendations from the American Academy of Pediatrics.

Kindergarten – Grade 2 Standards In these earliest grades students are exposed to basic technology through application of real-world that will enhance the learning process. Young children learn best through interactions with their caregivers, teachers and other children. While it is important to begin their exposure to the variety of media that surrounds them, it is essential that this exposure be carefully guided to support children's imagination, creativity, and thinking skills. These standards encourage the use of technology as a support for other varied types of learning the student’s experience in other areas.

Empowered Learner T.K-2.1 With support and guidance, explore a variety of age-appropriate technologies that can assist with the learning process.

T.K-2.2

Explore multiple ways to share ideas and organize information about themselves and the things around them.

T.K-2.3

Use an input device (mouse, touch screen, etc.) to select an item and navigate the screen.

T.K-2.4

Navigate the basic functions of an Internet browser (search, forward, back, print, etc.).

Digital Citizen T.K-2.5 Demonstrate responsible use of technology (e.g., seek guidance and appropriate support when selecting digital content, understand how to be safe online, follow safety rules when using media, etc.).

T.K-2.6

Practice using safe, legal, and ethical behavior when using technology.

T.K-2.7

Collaborate with peers, teams, and individuals within their communities and home through the use of age-appropriate technology.

T.K-2-8

With support and guidance, discuss the importance of fair use and copyright regulations.

Knowledge Constructor T.K-2.9 With support and guidance, create original work through the use of age-appropriate technology and digital resources.

T.K-2.10

Demonstrate creativity and learning through technology (e.g., digital storytelling, portfolio creation, digital media displays, etc.).

Innovative Designer T.K-2.11 With support and guidance, select appropriate technology tools to solve problems and communicate information.

T.K-2.12

With support and guidance, create a product using a step-by-step process through the use of age-appropriate digital and non-digital resources.

Computational Thinker T.K-2.13 With support and guidance, research information on topics of interest through the use of age-appropriate technology and digital resources provided by the classroom teacher.

T.K-2.14

With support and guidance, deepen learning across content areas through the use of age-appropriate technology and digital resources.

T.K-2.15

With support and guidance, enter information into a spreadsheet and sort the information.

Creative Communicator T.K-2.16 With support and guidance, communicate with others through the use of age-appropriate technology.

T.K-2.17

With guidance, select appropriate digital learning tools and resources to produce and publish information.

Global Collaborator T.K-2.18 With support and guidance, connect with others and explore different points of view on various topics through the use of age-appropriate technology resources.

T.K-2.19

Identify positive and negative impacts the use of technology can have on them as individuals and their family.

Technology 3-5 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, and technology tools. Students in grades three through five will advance through an integrated, developmentally appropriate progression of standards. By the end of the 5th grade, students should demonstrate competency in all Technology 3-5 standards. The following chart represents the components of technology integration that will be developed in grades 3-5.

3-5 Technology Indicators Use a variety of age-appropriate technologies to assist with the learning process.

Deepen learning across a variety of content areas through the use of age-appropriate technologies.

Integrate technology responsibly.

Grades 3-5 Standards In the later elementary grades, students spend more time interacting with technology. As they develop their critical thinking skills across the curriculum, they begin to use those technologies that support their learning. Students enhance their communication and research skills via the Internet and become familiar with programs that allow them to create original works as well as to record, analyze and graph various kinds of data. Students deepen their understanding of safe technology use and the importance of maintaining privacy—both their own and others'.

Empowered Learner T.3-5.1 Explore a variety of age-appropriate technologies that can assist with the learning process.

T.3-5.2

Explore multiple ways to share ideas and organize information about themselves and the things around them using appropriate digital resources (pictures, portfolio, etc.)

T.3-5.3

Evaluate digital sources for accuracy, perspective, credibility, and relevance.

T.3-5.4

Learn proper keyboarding techniques.

Digital Citizen T.3-5.5 Demonstrate responsible use of technology (e.g., seek guidance and appropriate support when selecting digital content, understand how to be safe online, follow safety rules when using media, etc.).

T.3-5.6

Practice using safe, legal, and ethical behavior when using technology and interacting online.

T.3-5.7

Collaborate with peers, teams, and individuals within their communities and home through the use of age-appropriate technology.

T.3-5.8

Demonstrate an understanding of the role an online identity plays in the digital world and learn the permanence of decisions made when interacting online.

T.3-5.9

Demonstrate appropriate methods of sharing personal data online and how to keep personal data private.

T.3-5.10

Demonstrate responsible use of technology by respecting intellectual property with both print and digital media when using and sharing the work of others.

Knowledge Constructor T.3-5.11 Create original work through the use of age-appropriate technology and digital resources and tools.

T.3-5.12

Demonstrate creativity and learning through technology (e.g., digital storytelling, portfolio creation, digital media displays, etc.).

Innovative Designer T.3-5.13 With support and guidance, select appropriate technology tools to solve problems and communicate information.

T.3-5.14

With support and guidance, create a product using a step-by-step process through the use of age-appropriate digital and non-digital resources.

T.3-5.15

Use appropriate technology to transfer learning to a variety of tools or learning environments.

Computational Thinker T.3-5.16 Research information on topics of interest through the use of age-appropriate technology and digital resources provided by the classroom teacher.

T.3-5.17

With support and guidance, deepen learning across content areas through the use of age-appropriate technology and digital resources.

T.3-5.18

Graph data using a spreadsheet. Analyze and produce a report that explains the analysis of data.

Creative Communicator T.3-5.19 Communicate with others through the use of electronic mail (email) or other digital resources.

T.3-5.20

Utilize embedded digital tools for feedback.

Global Collaborator T.3-5.21 Connect with others and explore and different points of view on various topics through the use of age-appropriate technology resources.

T.3-5.22

Explore multiple ways to share ideas and information about themselves and the world around them, considering the expected audience.

Technology 6-8 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills and technology tools. Students in grades 6-8 will advance through an integrated, developmentally appropriate progression of standards. By the end of the 8th grade, students should demonstrate competency in all Technology 6-8 standards. The following chart represents the components of technology that will be developed in grades 6-8.

6-8 Technology Indicators Use a variety of age-appropriate technologies to assist with the learning process.

Deepen learning across a variety of content areas through the use of age-appropriate technologies.

Integrate technology responsibly.

Grades 6-8 Standards Middle school students increase their technological literacy through exposure to real-world issues and problems. They become increasingly aware of the variety of technologies and programs available, understand their varied uses across content areas, and learn which technologies as most useful in given situations. Students use technology to enhance their creativity, strengthen their ability to communicate and collaborate, and expand their critical thinking and problem-solving skills in a wide variety of situations. They continue to deepen their understanding of digital citizenship including privacy and security issues, copyright laws and cyberbullying.

Empowered Learner T.6-8.1 Navigate a variety of technologies and transfer their knowledge and skills to learn how to use new technologies.

T.6-8.2

Actively seek performance feedback from people, including teachers and from functionalities embedded in digital tools to improve their learning process, and select technology to demonstrate their learning in a variety of ways.

T.6-8.3

Identify and develop online networks within school policy, and customize their learning environments in ways that support their learning, in collaboration with an educator.

T.6-8.4

Articulate personal learning goals, select and manage appropriate technologies to achieve them, and reflect on their successes and areas of improvement in working toward their goals.

Digital Citizen T.6-8.5 Manage their digital identities and reputations within school policy, including demonstrating an understanding of how digital actions are never fully erasable.

T.6-8.6

Demonstrate and advocate for positive, safe, legal, and ethical habits when using technology and when interacting with others online.

T.6-8.7

Demonstrate and advocate for an understanding of intellectual property with both print and digital media-including copyright, permission, and fair use by creating a variety of media products that include appropriate citation and attribution elements.

T.6-8.8

Demonstrate an understanding of what personal data is and how to keep it private and secure, including the awareness of terms such as encryption, Hyper Text Transfer Protocol Security (HTTPS), password, cookies and computer viruses; they also understand the limitations of data management and how data-collection technologies work.

Knowledge Constructor T.6-8.9 Communicate complex ideas clearly using various digital tools to convey the concepts textually, visually, graphically, etc.

T.6-8.10

Locate and collect resources from a variety of sources and organize assets into collections for a wide range of projects and purposes.

T.6-8.11

Practice and demonstrate the ability to evaluate resources for accuracy, perspective, credibility and relevance.

T.6-8.12

Demonstrate and practice the ability to effectively utilize research strategies to locate appropriate digital resources in support of their learning.

Innovative Designer T.6-8.13 Create original works or responsibly repurpose other digital resources into new creative works.

T.6-8.14

Select appropriate platforms and tools to create, share and communicate their work effectively.

T.6-8.15

Explore real-world issues and problems and actively pursue an understanding of them and solutions for them.

Computational Thinker T.6-8.16 Select and use digital tools to support a design process and expand their understanding to identify constraints and trade-offs and to weight risks.

T.6-8.17

Defend the selection of a specific technology tool to complete a learning task.

Creative Communicator T.6-8.18 Publish or present content designed for specific audiences and select platforms that will effectively convey their ideas to those audiences.

T.6-8.19

Use communication tools (such as email, discussion boards, online conferences, learning management systems, and portfolios) to gather information, share ideas, and respond to questions.

Global Collaborator T.6-8.20 Select collaborative technologies and use them to work with others to investigate and develop solutions related to local and global issues.

T.6-8.21

Use collaborative technologies to connect with others, including peers, experts, and community members, to learn about issues and problems or to gain broader perspective.

T.6-8.22

Use digital tools to interact with others to develop a richer understanding of different perspectives and cultures.

Technology 9-12 All West Virginia teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills and technology tools. Students in grades nine through twelve will advance through an integrated, developmentally appropriate progression of standards. By the end of the 12th grade, students should demonstrate competency in all Technology and Computer Science K-12 standards. The following chart represents the components of technology that will be developed in grades 9-12.

9-12 Technology Indicators Use a variety of age-appropriate technologies to assist with the learning process.

Deepen learning across a variety of content areas through the use of age-appropriate technologies.

Integrate technology responsibly.

Grades 9-12 Standards High school students perfect their understanding of the myriad ways technology is used to share information, communicate, collaborate and create. They use technology to solve higher-order real-world problems, apply it to complex tasks, develop their own technology and explore career options that are technology-based. Students explore the benefits and limitations of social media, discuss the ramifications of the improper use of technology and media, and grasp the importance of checking facts, distinguishing points of view, confirming the reliability of sources, and verifying information obtained via electronic and social media.

Empowered Learner T.9-12.1 Articulate personal learning goals, select, and manage appropriate technologies to achieve them, and reflect on their successes and areas of improvement in working toward their goals.

T.9-12.2

Develop online networks within school policy, and customize their learning environments in ways that support their learning.

T.9-12.3

Utilize a variety of technologies efficiently and transfer their knowledge and skills to learn how to use new technologies.

T.9-12.4

Select appropriate platforms and tools to create, share, and communicate their work effectively.

T.9-12.5

Explore real-world issues and problems and actively pursue an understanding of them and solutions for them.

T.9-12.6

Locate and collect resources from a variety of sources and organize assets into collections for a wide range of projects and purposes.

T.9-12.7

Practice and demonstrate the ability to evaluate resources for accuracy, perspective, credibility, and relevance.

T.9-12.8

Utilize research strategies effectively to locate appropriate digital resources across all content areas.

Digital Citizens T.9-12.9 Keep their personal data private and secure, including the awareness of terms such as encryption, HTTPS, passwords, cookies, and computer viruses; understand the limitations of data management and how data-collection technologies work.

T.9-12.10

Understand how to manage digital identities and reputations within school policy, including demonstrating an understanding of how digital actions are never fully erasable.

T.9-12.11

Demonstrate and advocate for positive, safe, legal, and ethical habits when using technology and when interacting with others online.

T.9-12.12

Demonstrate and advocate for an understanding of intellectual property with both print and digital media including copyright, permission and fair use by creating a variety of media products that include appropriate citation and attribution elements.

Knowledge Constructor T.9-12.13 Publish, present, and defend content designed for specific audiences and select platforms that will effectively convey their ideas to those audiences.

T.9-12.14

Communicate complex ideas clearly using various digital tools to convey the concepts textually, visually, graphically, etc.

T.9-12.15

Create original works or responsibly repurpose other digital resources into new creative works.

Innovative Designer T.9-12.16 Engage in a design process and employ it to generate ideas, create innovative products or solve authentic problems.

T.9-12.17

Present ideas and information using appropriate tools that are appropriate for specific audiences.

Computational Thinker T.9-12.18 Find or organize relevant data and use technology to analyze and represent it in various ways to solve problems and make decisions.

T.9-12.19

Apply evaluation strategies when using electronic resources (such as publication/copyright date, fact vs. fiction, sources, credibility, ease of use).

Creative Communicator T.9-12.20 Actively seek performance feedback from people, including teachers, and from functionalities embedded in digital tools to improve their learning process, and select technology to demonstrate their learning in a variety of ways.

T.9-12.21

Use communication tools (such as email, discussion boards, online conferences, learning management systems, portfolios) to gather information, share ideas and respond to questions.

Global Collaborator T.9-12.22 Use collaborative technologies to connect with others, including peers, experts, and community members, to learn about issues and problems or to gain a broader perspective.

T.9-12.23

Use digital tools to interact with others to mutually develop a richer understanding of different perspectives and cultures.

T.9-12.24

Explore local and global issues and select collaborative technologies to use to work with others to investigate and develop solutions.

COMPUTER SCIENCE STANDARDS

Explanation of Terms Computer Science Clusters are the broad components that make up a content area; e.g., Computer Systems and Computational Thinking; Networks and Cyber Infrastructure; Data and Information; Programming and Algorithms; and Impacts of Computing.

Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

Numbering of the Standards The numbering of each standard is composed of three parts, each part separated by a period: the content area code (e.g., CS for Computer Science), the grade band, and the standard.

Illustration:

CS.K-2.1 refers to Computer Science, grades K-2, standard 1.

Computer Science Clusters for Grades K-12 Cluster 1: Computer Systems and Computational Thinking – Students develop an understanding of computer systems and employ strategies for understanding and solving problems in ways that leverage the power of technological methods to develop and test solutions.

Cluster 2: Networks and Cyber Infrastructure – Students build their understanding of how computers work, how network design contributes to speed and functionality, and how network infrastructure and filtering within a system contributes to securing a system from cyber-attacks.

Cluster 3: Data and Information – Students collect, store, analysis, and present data in a meaningful way.

Cluster 4: Programming and Algorithms – Students develop coding skills through text and visual based programming. Within a design process, students identify and solve problems leading to developing lifelong logical and critical thinking skills.

Cluster 5: Impacts of Computing – Students understand and practice ethical and responsible use of computer systems and networks, particularly as they impact their community and the world at large.

College- and Career-Readiness Indicators for Computer Science All West Virginia K-12 teachers are responsible for classroom instruction that integrates content standards, foundational skills, literacy, learning skills, and technology tools. Students will advance through an integrated, developmentally appropriate progression of standards. By the end of the 8th grade, students should demonstrate competency in all Computer Science K-8 standards.

Computer Science K-2 Standards The West Virginia Computer Science Standards for grades K-2 provide students with foundational computing concepts. Basic computer science skills and knowledge are to be developed in an integrated manner, not in isolation, through practical classroom experiences promoting connections to all subject areas and to the real-world. These standards incorporate the use of computer science foundations as well as developmentally appropriate thinking and application skills that students experience in other areas.

Computer Science and Computational Thinking CS.K-2.1 With support and guidance, verbalize the steps to solve a problem.

CS.K-2.2

With support and guidance, work collaboratively with peers to solve a problem.

CS.K-2.3

With support and guidance, identify various components and functions of computers.

Networks and Cyber Infrastructure CS.K-2.4 With support and guidance, experience the ability to make connections with familiar adults (e.g., family members) through the use of the Internet.

CS.K-2.5

With support and guidance, identify the importance of staying safe while using family- and educator-approved Internet sites.

Data and Information CS.K-2.6 With support and guidance, identify, collect, organize, and describe patterns in various forms of data.

CS.K-2.7

With support and guidance, make decisions using data (e.g., class surveys).

CS.K-2.8

With support and guidance, analyze and explain the steps to solve simple problems.

CS.K-2.9

Follow a procedure/algorithm using tangible materials.

CS.K-2.10

Write an algorithm using sequences.

CS.K-2.11

Research and identify how technology has changed over time.

CS.K-2.12

List ways to use computer technology to help their daily life.

Grades 3-5 Standards The West Virginia Computer Science Standards for grades 3-5 provide students with foundational computing concepts. Basic computer science skills and knowledge are to be developed in an integrated manner, not in isolation, through practical classroom experiences promoting connections to all subject areas and to the real-world. These standards encourage the use of computer science foundations as well as developmentally appropriate thinking and application skills that the students experience in other areas.

CS.3-5.1

Verbalize the steps to solve a problem.

CS.3-5.2

Work together in a team to solve a problem.

CS.3-5.3

Identify various components and functions of technology.

Networks and Cyber Infrastructure CS.3-5.4 Identify various components and functions of computers and technology.

CS.3-5.5

Utilize appropriate digital tools for connecting people through network/Internet.

CS.3-5.6

Identify the importance of staying safe while using family- and educator-approved Internet sites.

Data and Information CS.3-5.7 Collect and organize data using appropriate digital tool.

CS.3-5.8

Analyze, interpret, and communicate data to support or refute a claim.

CS.3-5.9

With support and guidance, analyze and write the steps to solve problems.

CS.3-5.10

Understand how to decompose a larger problem into smaller sub-problems using sequences, events, loops, and conditionals.

CS.3-5.11

With support and guidance, design, create, test, and debug procedures/algorithms.

CS.3-5.12

Research and discuss how technology has changed over time.

CS.3-5.13

Identify ways that technology can assist with their daily life.

CS.3-5.14

With guidance and support, brainstorm ways to improve the accessibility and usability of technology products for the diverse needs and wants of others.

Grades 6-8 Standards The West Virginia Computer Science Standards for grades 6-8 provide students with the ability to perform analysis on a computational problem and devise the appropriate solution. The standards support critical thinking through the essential skills of computational thinking and algorithmic problem-solving.

CS.6-8.1

Analyze and devise problem-solving strategies cooperatively and collaboratively.

CS.6-8.2

Systematically identify and fix problems with computing, devices and their components.

CS.6-8.3

Analyze connections between elements of computer science and mathematics.

Networks and Cyber Infrastructure CS.6-8.4 Use various computer applications and online resources to explore how networks and cyber infrastructure work together to provide security and prevent system compromise.

CS.6-8.5

Model appropriate data privacy and cyber security procedures when using a computer.

CS.6-8.6

Understand how information is transmitted via wired and wireless networks and the security vulnerability of each.

Data and Information CS.6-8.7 Convert various types of data into different formats.

CS.6-8.8

Use digital tools to collect, organize, and analyze data.

CS.6-8.9

Produce accurate and correct information from data.

CS.6-8.10

Analyze the problem and use a tool (e.g., flow chart) to design an algorithm to solve complex problems.

CS.6-8.11

Understand the function of control structures to create specific behaviors (e.g., sequential, selection, repetition).

CS.6-8.12

Write computer program(s) to solve simple problems and document the process for others to reference.

CS.6-8.13

Seek and incorporate feedback from team members and users to refine a solution that meets user needs.

CS.6-8.14

Determine the uses of computing concepts and technology in global collaboration.

CS.6-8.15

Explain how computer science fosters innovation in all careers and disciplines.

CS.6-8.16

Discuss issues of bias and accessibility in the design of existing technologies.

Grades 9-12 Standards The West Virginia Computer Science Standards for grades 9-12 are designed to provide the opportunity to learn computer science that are necessary for students to prepare them for the workplace of the future and inspiring interest in careers that require computer science expertise.

Computer Science and Computational Thinking CS.9-12.1 Develop and apply criteria for evaluating a computer system for a given purpose.

CS.9-12.2

Explain how abstractions hide the underlying implementation details of computing systems embedded in everyday objects.

Networks and Cyber Infrastructure CS.9-12.3 Analyze reliable and safe communication methods to transmit information among computing devices over the network.

CS.9-12.4

Analyze the utilization of computers and networks.

Data and Information CS.9-12.5 Store, transmit, and manipulate data electronically.

CS.9-12.6

Use tools to graphically represent the data and information.

CS.9-12.7

Create computational models for simulating real-world system.

CS.9-12.8

Organize and create a modular program.

CS.9-12.9

Compare the effectiveness of the algorithms.

CS.9-12.10

Create computer program(s) to solve specific problems relevant to various real-world topics both independently and collaboratively.

CS.9-12.11

Explain the national and global economic impact of cybercrime.

CS.9-12.12

Analyze the negative and positive impact of new technology socially and globally.

CS.9-12.13

Test and refine computational artifacts to reduce bias and equity deficits.

CS.9-12.14

Use tools and methods for collaborating on a project to increase connectivity of people in different cultures and career fields.

Specific Computer Science Courses The following pages reflect the specific Computer Science courses standards for middle and high school students. The clusters may vary, based on the individual course. Counties may continue to create additional computer science courses through the approval process outlined in Policy 2510.

Middle School: Discovering Computer Science Discovering Computer Science is designed for students in grades 6-8 and will provide them with opportunities to explore the many facets of Computer Science. This may be taught in a single class in one grade level or divided into sections and taught over a three-year period.

High School: Computer Science in the Modern World Computer Science in the Modern World is a course designed for all students in grades 9-12 and includes the essential skills that all high school students should have upon graduation.

High School: Computer Science & Mathematics Computer Science & Mathematics may be counted as a fourth math elective credit course and must be taught by a certified 9-12 math teacher.

High School: Computer Science - Introduction to Geographic Information Systems Computer Science – Introduction to Geographic Information Systems may be counted as a third science elective credit course and must be taught by a certified 9-12 science teacher.

Middle School: Discovering Computer Science Discovering Computer Science is designed for students in grades 6-8 and will provide them with opportunities to explore the many facets of Computer Science. Students will discover how Computer Science effects them personally, how it effects the world around them, and how it impacts society. This may be taught in a single class in one grade level or divided into sections and taught over a three-year period.

The learning expectations covered by these standards support middle school students in the use of computational thinking as a problem-solving tool. They begin to appreciate the ubiquity of computing and the ways in which computer science facilitates communication and collaboration. Students begin to experience computational thinking as a means of addressing issues relevant, not just to them, but to the world around them. The learning experiences created from these standards should be relevant to the students and should promote their perceptions of themselves as proactive and empowered problem solvers within their community. They should be designed with a focus on active learning and exploration that can be taught either as an explicit computer science course or as units embedded in other curricular areas such as social science, language arts, mathematics, and science.

CS.DCS.1

Use the basic steps in algorithmic problem-solving to design solutions (e.g., problem statement and exploration, examination of sample instances, design, implementing a solution, testing, and evaluation).

CS.DCS.2

Describe the process of parallelization as it relates to problem-solving.

CS.DCS.3

Define an algorithm as a sequence of instructions that can be processed by a computer.

CS.DCS.4

Evaluate ways that different algorithms may be used to solve the same problem.

CS.DCS.5

Act out searching and sorting algorithms.

CS.DCS.6

Describe and analyze a sequence of instructions being followed (e.g., describe a character’s behavior in a video game as driven by rules and algorithms).

CS.DCS.7

Represent data in a variety of ways including text, sounds, pictures, and numbers.

CS.DCS.8

Use visual representations of problem states, structures, and data (e.g., graphs, charts, network diagrams, flowcharts).

CS.DCS.9

Interact with content-specific models and simulations (e.g., ecosystems, epidemics, molecular dynamics) to support learning and research.

CS.DCS.10

Evaluate what kinds of problems can be solved using modeling and simulation.

CS.DCS.11

Analyze the degree to which a computer model accurately represents the real world.

CS.DCS.12

Use abstraction to decompose a problem into sub problems.

CS.DCS.13

Understand the notion of hierarchy and abstraction in computing including high level languages, translation, instruction set, and logic circuits.

CS.DCS.14

Examine connections between elements of mathematics and computer science including binary numbers, logic, sets and functions.

CS.DCS.15

Provide examples of interdisciplinary applications of computational thinking.

Collaboration CS.DCS.16 Apply productivity/multimedia tools and peripherals to group collaboration and support learning throughout the curriculum.

CS.DCS.17

Collaboratively design, develop, publish, and present products (e.g., videos, podcasts, websites) using technology resources that demonstrate and communicate curriculum concepts.

CS.DCS.18

Use collaborative practices such as pair programming, working in project teams, and participating in group active learning activities.

CS.DCS.19

Demonstrate characteristics necessary for collaboration: providing useful feedback, integrating feedback, understanding and accepting multiple perspectives, socialization.

CS.DCS.20

Select appropriate tools and technology resources to accomplish a variety of tasks and solve problems.

CS.DCS.21

Use a variety of multimedia tools and peripherals to support personal productivity and learning throughout the curriculum.

CS.DCS.22

Design, develop, publish, and present products (e.g., webpages, mobile applications, animations) using technology resources that demonstrate and communicate curriculum concepts.

CS.DCS.23

Demonstrate an understanding of algorithms and their practical application.

CS.DCS.24

Implement problem solutions using a programming language, including: looping behavior, conditional statements, logic, expressions, variables, and functions.

CS.DCS.25

Demonstrate good practices in personal information security, using passwords, encryption, and secure transactions.

CS.DCS.26

Identify interdisciplinary careers that are enhanced by computer science.

CS.DCS.27

Demonstrate characteristics used in open ended problem-solving and programming (e.g., comfort with complexity, persistence, brainstorming, adaptability, patience, propensity to tinker, creativity, accepting challenge).

CS.DCS.28

Collect and analyze data that is output from multiple runs of a computer program.

Computers and Communications Devices CS.DCS.29 Recognize that computers are devices that execute programs.

CS.DCS.30

Identify a variety of electronic devices that contain computational processors.

CS.DCS.31

Demonstrate an understanding of the relationship between hardware and software.

CS.DCS.32

Use developmentally appropriate, accurate terminology when communicating about technology.

CS.DCS.33

Apply strategies for identifying and solving routine hardware problems that occur during everyday computer use.

CS.DCS.34

Describe the major components and functions of computer systems and networks.

CS.DCS.35

Describe what distinguishes humans from machines focusing on human intelligence versus machine intelligence and ways we can communicate.

CS.DCS.36

Describe ways in which computers use models of intelligent behavior (e.g., robot motion, speech and language understanding, and computer vision).

CS.DCS.37

Demonstrate legal and ethical behaviors when using information and technology and discuss the consequences of misuse.

CS.DCS.38

Demonstrate knowledge of changes in information technologies over time and the effects those changes have on education, the workplace, and society.

CS.DCS.39

Analyze the positive and negative impacts of computing on human culture.

CS.DCS.40

Evaluate the accuracy, relevance, appropriateness, comprehensiveness, and bias of electronic information sources concerning real-world problems.

High School: Computer Science in the Modern World Computer Science in the Modern World is a course designed to expose all students to the interdisciplinary nature of computer science in today’s dynamic and globally connected society. Students will have the opportunity to explore the uses of computer science as a tool in creating effective solutions to complex contemporary problems. The hands-on nature of the course is intended to provide students with the opportunity to explore conceptual understanding in a practical learning environment. This course is recommended for all students as it provides an overview of computer sciences and its applications in various disciplines, professions, and personal activities. In this course, students will learn to use computational thinking to develop algorithmic solutions to real-world problems. They will begin to understand the different levels of complexity in problem-solving and to determine when team projects might generate more effective problem solutions than individual efforts. Students will learn and use a programming language(s) and related tools, as well as appropriate collaboration tools, computing devices, and network environments. Finally, they will demonstrate an understanding of the social and ethical implications of their work and exhibit appropriate communication behavior when working as a team member.

Computer Science in the Modern World is course designed for all students in grades 9-12, and is built around the essential skills that all high school students should have upon graduation. It also provides the necessary skills needed for more advanced computer science courses, including AP® Computer Science Principles, AP® Computer Science A and IB Computer Science. It is recommended that this course be required of all students.

CS.MW.1

Use predefined functions and parameters, classes and methods to divide a complex problem into simpler parts.

CS.MW.2

Describe a software development process used to solve software problems (e.g., design, coding, testing, verification).

CS.MW.3

Explain how sequence, selection, iteration, and recursion are building blocks of algorithms.

CS.MW.4

Compare techniques for analyzing massive data collections.

CS.MW.5

Describe the relationship between binary and hexadecimal representations.

CS.MW.6

Analyze the representation and trade-offs among various forms of digital information.

CS.MW.7

Describe how various types of data are stored in a computer system.

CS.MW.8

Use modeling and simulation to represent and understand natural phenomena.

CS.MW.9

Discuss the value of abstraction to manage problem complexity.

CS.MW.10

Describe the concept of parallel processing as a strategy to solve large problems.

CS.MW.11

Describe how computation shares features with art and music by translating human intention into an artifact.

Collaboration CS.MW.12 Work in a team to design and develop a software artifact.

CS.MW.13

Use collaborative tools to communicate with project team members (e.g., discussion threads, wikis, blogs, version control, etc.).

CS.MW.14

Describe how computing enhances traditional forms and enables new forms of experience, expression, communication, and collaboration.

CS.MW.15

Identify how collaboration influences the design and development of software products.

CS.MW.16

Create and organize Web pages through the use of a variety of web programming design tools.

CS.MW.17

Use mobile devices/emulators to design, develop, and implement mobile computing applications.

CS.MW.18

Use various debugging and testing methods to ensure program correctness (e.g., test cases, unit testing, white box, black box, integration testing).

CS.MW.19

Apply analysis, design, and implementation techniques to solve problems (e.g., use one or more software lifecycle models).

CS.MW.20

Use Application Program Interfaces (APIs) and libraries to facilitate programming solutions.

CS.MW.21

Select appropriate file formats for various types and uses of data.

CS.MW.22

Describe a variety of programming languages available to solve problems and develop systems.

CS.MW.23

Explain the program execution process.

CS.MW.24

Explain the principles of security by examining encryption, cryptography, and authentication techniques.

CS.MW.25

Explore a variety of careers to which computing is central.

CS.MW.26

Describe techniques for locating and collecting small and large-scale data sets.

CS.MW.27

Describe how mathematical and statistical functions, sets, and logic are used in computation.

Computers and Communication Devices CS.MW.28 Describe the unique features of computers embedded in mobile devices and vehicles (e.g., cell phones, automobiles, airplanes).

CS.MW.29

Develop criteria for purchasing or upgrading computer system hardware.

CS.MW.30

Describe the principal components of computer organization (e.g., input, output, processing, and storage).

CS.MW.31

Compare various forms of input and output.

CS.MW.32

Explain the multiple levels of hardware and software that support program execution (e.g., compilers, interpreters, operating systems, networks).

CS.MW.33

Apply strategies for identifying and solving routine hardware and software problems that occur in everyday life.

CS.MW.34

Compare and contrast client-server and peer-to-peer network strategies.

CS.MW.35

Explain the basic components of computer networks (e.g., servers, file protection, routing, spoolers and queues, shared resources, and fault-tolerance).

CS.MW.36

Describe how the Internet facilitates global communication.

CS.MW.37

Describe the major applications of artificial intelligence and robotics.

CS.MW.38

Compare appropriate and inappropriate social networking behaviors.

CS.MW.39

Discuss the impact of computing technology on business and commerce (e.g., automated tracking of goods, automated financial transactions, e-commerce, cloud computing).

CS.MW.40

Describe the role that adaptive technology can play in the lives of people with special needs.

CS.MW.41

Compare the positive and negative impacts of technology on culture (e.g., social networking, delivery of news and other public media, and intercultural communication).

CS.MW.42

Describe strategies for determining the reliability of information found on the Internet.

CS.MW.43

Differentiate between information access and information distribution rights.

CS.MW.44

Describe how different kinds of software licenses can be used to share and protect intellectual property.

CS.MW.45

Discuss the social and economic implications associated with hacking and software piracy.

CS.MW.46

Describe different ways in which software is created and shared and their benefits and drawbacks (commercial software, public domain software, open source development).

CS.MW.47

Describe security and privacy issues that relate to computer networks.

CS.MW.48

Explain the impact of the digital divide on access to critical information.

High School: Computer Science & Mathematics This introduction to programming course is designed to provide students with the opportunity to explore the uses of mathematics and computer programming as tools in creating effective solutions to complex problems. Students will develop and refine fundamental skills of computer science within a mathematical context.

Computer Science & Mathematics may be counted as a fourth math elective credit course and must be taught by a certified 9-12 math teacher. Any reference to an algorithm or algorithms in this document includes both mathematics and computer science contexts. Throughout the course, students will use developmentally appropriate and accurate terminology when communicating about technology. Teachers are responsible for including the eight Standards for Mathematical Practice. The teacher or local district may select the object-oriented programming language(s) used in the course.

Prerequisite:

Successful completion of High School Math II or High School Geometry before starting this course. No previous computer science course is required.

Evaluate different data representations to solve problems.

CS.M.1

Analyze the various mathematical bases (e.g., binary, decimal, hexadecimal) and convert between them.

CS.M.2

Describe the relationship between binary and hexadecimal representations.

CS.M.3

Convert information between various encoding formats (e.g., ASCII, Unicode, hexadecimal, binary).

CS.M.4

Compare techniques (e.g., sorting, statistics, searching) for analyzing massive data collections.

Connect the development cycle of algorithm construction to problem-solving.

CS.M.5

Describe how mathematical and statistical functions, sets, and logic are used in computation.

CS.M.6

Utilize predefined mathematical functions and parameters to divide a complex problem into simpler parts, including parallel processing.

CS.M.7

Interpret truth tables from basic statements using Boolean operators (AND, OR, XOR, and NOT).

CS.M.8

Explain ways in which sequence, selection, iteration, and recursion are building blocks of algorithms.

CS.M.9

Create systems of equations based on real-world situations.

CS.M.10

Analyze decisions and strategies using probability and statistical concepts.

Create and evaluate algorithms to solve problems.

CS.M.11

Utilize modeling and simulation techniques to represent and understand natural phenomena.

CS.M.12

Examine classical algorithms (e.g., searching, sorting, and shortest path).

CS.M.13

Manipulate formulas and equations and apply them to algorithm development.

CS.M.14

Apply algorithm analysis and design techniques to solve problems.

CS.M.15

Write algorithms to solve mathematical problems using formulas, equations, and functions.

CS.M.16

Implement conditional statements that include if/then, if/then/else, case statements, and Boolean logic, in the design of algorithms.

CS.M.17

Represent algorithms using flowcharts and pseudocode.

CS.M.18

Combine standard function types using arithmetic operations.

CS.M.19

Analyze algorithms for correctness, clarity, and efficiency.

Evaluate the use of programming languages to solve problems and develop systems.

CS.M.20

Compare and contrast computer programming languages and paradigms (e.g., compiled and interpreted languages, procedural and object-oriented paradigms).

CS.M.21

Diagram the program execution process.

CS.M.22

Determine the output of a given sample program without the use of a computer.

Create, test, and use computer programs to solve problems.

CS.M.23

Implement computing applications using the following software development tools and techniques branching (if, if-else) declare, define, and reference variables lists/arrays looping (for, while, do/while) recursion sequencing CS.M.24 Use various debugging and testing methods to ensure program correctness.

CS.M.25

Cite evidence to support or refute the correctness of software solutions.

Computers and Communication Devices Classify electronic devices containing computational processors that execute programs.

CS.M.26

Recognize that computers are devices that execute programs.

CS.M.27

Identify a variety of electronic devices (e.g., cell phones, desktops, laptops, vehicles, programmable thermostats, and programmable kitchen appliances) that contain computational processors.

CS.M.28

Describe unique features of computers embedded in mobile devices and vehicles.

CS.M.29

Investigate the history of computers, identifying contributors and major milestones (e.g., Alan Turing, Charles Babbage, Ada Lovelace, Grace Hopper, analytical machine, ENIAC, IBM PC).

Analyze the relationship between hardware and software.

CS.M.30

Demonstrate an understanding of the relationship between hardware and software.

CS.M.31

Develop criteria for purchasing or upgrading computer system hardware.

CS.M.32

Describe primary components of computer systems (e.g., input, output, processing, and storage).

CS.M.33

Explain multiple levels of hardware and software that support program execution (e.g., compilers, interpreters, operating systems, networks).

CS.M.34

Apply strategies for identifying and solving routine hardware problems that occur during everyday computer use.

Describe the major components and functions of networks.

CS.M.35

Describe how the Internet facilitates global communication.

CS.M.36

Describe issues that impact network functionality (e.g., latency, bandwidth, firewalls, server capability).

Evaluate appropriate and inappropriate uses of technology.

CS.M.37

Summarize appropriate and inappropriate technological behaviors, including issues of privacy, copyright, security, legalities, and politics.

CS.M.38

Explore the ramifications of inappropriate uses of technology.

CS.M.39

Investigate the national and global economic impact of cybercrime.

Investigate social and ethical issues relating to digital information.

CS.M.40

Discuss accessibility issues (e.g., adaptive technology for special needs individuals, censorship, geographical locations, and economically-disadvantaged populations).

CS.M.41

Compare the reliability of various online sources.

CS.M.42

Investigate information ownership topics access distribution rights hacking licensure open source public domain software piracy CS.M.43 Describe security and privacy issues that relate to computer networks.

Will explore security and privacy techniques.

CS.M.44

Explain principles of network security and techniques that protect stored and transmitted data (e.g., encryption, cryptography, and authentication).

Computer Science - Introduction to Geographic Information Systems Introduces fundamental concepts of geographic map interpretation, creation and analysis. Technologies employed include geographic information systems (GIS), global positioning systems (GPS), basic remote sensing, geo-visualization and interpretation, Internet mapping, and spatial statistics. Explores how geospatial technologies and tools are used in data collection, analysis, presentation, and problem-solving.

The goals of this course are threefold: 1) to help students to think spatially, analytically, and critically; 2) to help students become better problem solvers; and 3) to teach students the fundamentals of Geographic Information Science and Technology. Geospatial technology might be used to find wetlands that need protection from pollution; help track the spread of a disease; or be used by a company to site a new business location. Ultimately, geospatial technology helps you answer questions and solve problems.

Computer Science – Introduction to Geographic Information Systems may be counted as a third science elective credit course and must be taught by a certified 9-12 science teacher.

CS.GIS.1

Demonstrate an understanding of the basics of cartography.

CS.GIS.2

Demonstrate a basic proficiency in map reading; an understanding of scale; an understanding of the power of analysis; and an understanding of the history of map creation and use.

CS.GIS.3

Analyze GIS data to identify spatial relationships or display results of analyses, using maps, graphs, or tabular data.

Collaboration CS.GIS.4 Collect data using a student-created online data collection technology.

CS.GIS.5

Identify a community need related to a human impact on the environment; create a capstone mapping project that describes a solution for that human impact using student collected and generated GIS data; and evaluate competing solutions in terms of effectiveness at mitigating the human impact.

CS.GIS.6

Create an Internet-based map product (story map application or web application) that describes a solution for mitigating a human impact on the environment using students collected and generated GIS data.

CS.GIS.7

Use a GPS-enabled data collection technology to groundtruth an existing dataset, such as a published data layer, an orthophotograph, or remotely-sensed satellite imagery.

CS.GIS.8

Create a presentation using an online map system displaying a student-created map with a purpose of educating the public on a community, state or national social issue.

CS.GIS.9

Use a web-based GIS to answer questions about the earth and the environment.

CS.GIS.10

Demonstrate basic proficiency in map creation, including adding layers, adding additional data, changing data symbology, configuring pop-up, saving and sharing maps.

CS.GIS.11

Use geospatial technology to explore and investigate environmental problems such as: resource management impact assessment CS.GIS.12 Use geospatial technology to explore and investigate rural and urban issues such as: urban planning transportation logistics emergency planning to calculate emergency response times in the event of a natural disaster.

CS.GIS.13

Explore uses of geospatial technology by law enforcement to map, visualize, and analyze crime incident patterns.

CS.GIS.14

Use geospatial technology to explore and investigate business problems related to asset management.

CS.GIS.15

Use geospatial technology to explore and investigate problems related to medical geography and epidemiology.

CS.GIS.16

Research a career related to GIS and present a career summary, projected job outlook, and roles and responsibilities.

Computers and Communication Devices CS.GIS.17 Demonstrates an understanding of GPS technology, data collection, and data layer creation in an online mapping system.

CS.GIS.18

Collect GPS data using a GPS unit, compile it into a .cvs file, and add it to a saved web map.

CS.GIS.19

Use geospatial technology to explore and investigate the history of cartography.

CS.GIS.20

Demonstrate an awareness of the ethical and social implications of the use of GIS and GPS system, including system reliability, privacy, legal issues, and the social and ethical ramifications of their use.

CS.GIS.21

Identify the impacts GIS and GPS systems have on individuals, society, commercial markets, and innovation.

Series 044O West Virginia Pre-K Standards (Ages 3-5) (Policy 2520.15)

W. Va. Code R. § 126-44O-1 General

1.1. Scope. -- W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.15 defines the content standards and learning criteria for West Virginia Pre-K as required by W. Va. 126CSR28, Policy 2525, West Virginia’s Universal Access to A Quality Early Education (Policy 2525), and Policy 2510, related to W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419).

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§16-3-4, 18-2-5, 18‑2E-1, 18-5-17, and 18-5-44.

1.3. Filing Date. -- June 12, 2024.

1.4. Effective Date. -- July 1, 2025.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR44O, Policy 2520.15, Early Learning Standards Framework Content Standards and Learning Criteria for West Virginia Pre-Kindergarten (WV Pre-K), filed October 12, 2017, and effective July 1, 2019.

W. Va. Code R. § 126-44O-2 Purpose

2.1. This policy defines the content standards and learning criteria for West Virginia Pre-K programs as required by Policies 2510 and 2525 and is related to Policy 2419.

W. Va. Code R. § 126-44O-3 Incorporation by Reference

3.1. A copy of the West Virginia Pre-K Standards is attached and incorporated by reference into this policy. Copies may be obtained from the Office of the Secretary of State and from the West Virginia Department of Education.

W. Va. Code R. § 126-44O-4 Severability

4.1. If any provision of this rule of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Policy 2520.15, West Virginia Pre-K Standards (Ages 3-5)

Introduction Children benefit from high-quality preschool experiences that are grounded in standards-based practices. The West Virginia Pre-K Standards provide a framework across all learning domains. Enriched environments and optimized learning opportunities to support the West Virginia Pre-K Standards take place in a variety of early learning settings. In March 2002, the West Virginia legislature passed Senate Bill 247 that became W. Va. Code §18-5-44, a mandate for high-quality early education programs for all four-year-old children and three-year-old children with identified special needs. These early education programs are known as West Virginia Universal Pre-K. To support the provision of enriched environments for young children, a collaborative group of West Virginia early education professionals developed the West Virginia Pre-K Standards. The standards are designed to serve as early learning guidelines for all children ages three through five regardless of the setting. The standards are what children should know and be able to do as they move into kindergarten.

The West Virginia Pre-K Standards are grounded in scientific child development research, children’s approaches to learning, and effective educational practices. Vital to implementing these standards is the ability to teach using appropriate strategies. Teaching practices grounded in the implementation of these standards will create a foundation of lifelong learning for West Virginia’s children. Young children live in a society where information is constantly changing and the ability to function well in an increasingly global economy is essential. As a result, it is essential that children develop dispositions and skills which allow them to become competent, independent learners who utilize the world around them to progress across all developmental domains. To fulfill this role, teachers of young children must also be lifelong learners, continuously building their professional knowledge, and functional competencies based on current research.

The West Virginia Pre-K Standards are intended to guide practitioners in offering high-quality early education environments and experiences that are responsive to individual children and maximize learning. Using this framework, educators can plan high-quality learning experiences for all children, including those with disabilities. The framework is not designed as an assessment tool, nor should it be used to delay the entry of eligible children into kindergarten.

The West Virginia Pre-K Standards are considered an integral part of an inter‑related comprehensive curriculum and assessment system as defined by Policy 2525. The WVBE has the responsibility for establishing high-quality standards for all education programs (W. Va. Code §18‑9A‑22). Several foundations frame the design of the West Virginia Pre-K Standards and describe an approach that promotes lifelong learning competencies.

Explanation of Terms Domains are the broad components that make up a content area; e.g., reading, writing, speaking/ listening, and language make up the English language arts (ELA) content area.

Clusters are groups of standards that define the expectations students must demonstrate to be college- and career-ready.

Standards are the expectations for what students should know, understand, and be able to do by the end of their Pre-K experience; standards represent educational goals.

The numbering for each standard is composed of three parts, each part separated by a period: the content area code (e.g., ELA for English language arts), the grade level (Pre-K), and the standard.

Illustration: ELA.PK.1 refers to English language arts, grade Pre-K, standard 1.

Guiding Principles for the WV Pre-K Standards The guiding principles for the West Virginia Pre-K Standards are developmentally appropriate practices designed to connect each child and their family to learning experiences that foster foundations for lifelong learning.

Foundations Description Representation and symbolic thinking are critical.

Children use representation and symbolic thinking across all domains to develop an understanding of concepts and generalizations from concrete to abstract. The ability to pretend and use symbols are foundations of symbolic and abstract thought, which leads to the development of academic skills. The experiences that lead to a child’s ability to think abstractly must be embedded in the curriculum through opportunities for active exploration, pretend play, and symbolic communication. Children should have the opportunity to invent with materials and words.

Children are active learners.

Children learn through active involvement (exploring, playing, manipulating, and problem solving). They construct their own knowledge by engaging in experiences in the environment with peers and adults. Adults must use experiences with children to scaffold previous knowledge with new concepts. Active learning is a key component of both child-initiated and teacher-facilitated experiences.

Development and learning are interrelated.

Learning and development do not simply coexist. The process of learning is directly related to the process of development. Experiences grounded in the WV Pre-K Standards must be integrated and emphasize development and learning.

Each child is an individual learner.

Children go through similar stages of development but at individual rates. Not all children within an age group should be expected to arrive at early learning expectations at the same time or with the same degree of proficiency.

Teaching must be intentional for each child.

Individual planning, teaching practices, and documentation must be based on children’s strengths, including scaffolding, and incorporate a balance of child exploration and guided play.

Children with special needs are typically best served in inclusive settings.

Children with special needs must be offered a least restrictive environment that provides opportunities to develop across domains through interactions with their peers and adults. Attention to individual variation is critical, specifically regarding the development of concepts and proficiencies across domains. Individualized modifications and adaptations provide each child with opportunities to reach their full potential.

English Language Learners are best served in inclusive settings.

When immersed in an inclusive environment, children who are acquiring the English language are provided opportunities to develop expressive and receptive language through interactions with their peers and adults. Attention to individual variation is critical, specifically regarding their development of concepts and proficiencies across domains. Children should be provided consistent opportunities to interact and demonstrate their abilities, skills, and knowledge in any language, including their home language.

Family engagement is critical to the success of young children.

The family is the child’s first and most important teacher. They provide a deep understanding of their child during the first years of school. Teachers must establish and maintain ongoing relationships with families to best support children’s development and linkages between home and school.

Children learn by experiencing the culture and world in which they live.

Children begin their understanding of others by first interacting within their own families, neighborhoods, and schools. Early learning settings and programs must be intentionally designed to provide children the opportunity to move from self-awareness to awareness and understanding of others. Using children’s background knowledge as a catalyst for deepening understanding provides opportunities for children to experience and share various cultural aspects of the world in which they live. Each child’s home culture and language are brought into the classroom as part of this shared classroom community. Intentional teaching strategies must focus on acceptance and respect of all individuals.

The environment is the child’s third teacher.

Along with the family and the teacher, high-quality early learning environments provide children with the tools necessary for continual growth and development. Learning environments should be designed and equipped in a manner that supports discovery, small group and individual learning, exploration, problem solving, and development. The learning environment should be designed to help children develop a sense of community. To achieve this, teachers must know the children and families well so they can plan intentional ways for everyone to interact and work collaboratively.

School Readiness supports the holistic development of children.

School readiness is a process of ensuring that children have access to the best available resources. Available resources support children and their families and focus on maximizing children’s holistic development from birth. Acknowledging that each child’s development is significantly impacted by previous experiences, school readiness also entails the capacity of schools and programs to welcome families and be prepared to serve all children effectively within the developmental domains of health and physical development, social and emotional development, language and communication, cognition and general knowledge, and individual approaches to learning.

The formative assessment process is a foundational component of all early learning programs.

The formative assessment process is used to inform instruction and personalize learning. Used daily to assist with planning high-quality opportunities for learning and development, this process uses various forms of evidence to help educators scaffold children’s learning to best meet their needs. The formative assessment process also provides a meaningful approach for communicating individual children’s development and learning with families. Formative assessment data are used to share progress with families and help ensure data driven decisions are made at the classroom, program, and county levels to drive continuous quality improvement efforts.

Approaches to Learning Approaches to Learning refers to observable behaviors that indicate ways children become engaged in, and respond to, social interactions and learning experiences. Children’s approaches to learning contribute to their success in school and influence their development and learning in all other domains. Children’s ability to stay focused, interested, and engaged in activities supports a range of positive outcomes, including cognitive, language, and social and emotional development. It allows children to acquire new knowledge, learn new skills, and set and achieve goals for themselves. Many early learning experts view approaches to learning as one of the most important domains of early childhood development.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, and learning skills. Students in Pre-K will advance through a developmentally appropriate progression of standards. The following chart represents the components of Approaches to Learning standards in Pre‑K.

Executive Functioning and Cognitive Self-Regulation Initiative and Curiosity Self-regulation Maintain focus Attend to activities Complete challenging task Appropriate risk taking Imagination Creativity Build on prior experience Inquire and investigate Persistence and Attentiveness Implement plans and ideas Engage in a product and activity for an extended period of time Purposeful play Show persistence in actions and behavior Collaborative work and play Play organized by children Share knowledge and ideas with peers Take on roles and responsibilities in the classroom Pre-K Specifications:

In Pre-K, students should be immersed in a rich environment and have numerous opportunities that foster independence and autonomy to meet college and career readiness expectations. As familiar adults support development in Approaches to Learning, children illustrate continuous growth in their ability to function appropriately within the classroom, throughout routines, and during transitions. Children demonstrate positive growth in Approaches to Learning when they take on appropriate leadership roles within their environment. They demonstrate increased abilities in expressing needs, feelings, and positive coping skills. Children also show development in problem solving, independence, and group work.

The following Approaches to Learning standards are numbered continuously. The ranges in the chart below relate to the clusters found within the Approaches to Learning domain.

Executive Functioning and Cognitive Self-Regulation Sustain attention, impulse control, flexibility in thinking Standards 1-2 Initiative and Curiosity Interest in varied topics and experiences, desire to learn, creativeness, and independence in learning Standards 3-5 Persistence and Attentiveness Engagement in activities with persistence and attention Standards 6-10 Interest and engagement in group experiences Standards 11-13 Executive Functioning and Cognitive Self-Regulation Sustain attention, impulse control, flexibility in thinking AL.PK.1 Illustrate increasing abilities in impulse control.

AL.PK.2

Demonstrate actions, words, and behaviors with increasing independence.

Initiative and Curiosity Interest in varied topics and experiences, desire to learn, creativeness, and independence in learning AL.PK.3 Demonstrate flexibility, imagination, and inventiveness in approaching tasks and activities.

AL.PK.4

Originate and combine ideas to learn and discuss a range of topics.

AL.PK.5

Inquire and investigate.

Persistence and Attentiveness Engagement in activities with persistence and attention AL.PK.6 Persist in completing tasks, activities, projects, and experiences.

AL.PK.7

Increase concentration over a reasonable amount of time despite distractions and interruptions.

AL.PK.8

Engage in project or activity over an extended period of time.

AL.PK.9

Continuously create, develop, and implement plans.

AL.PK.10

Seek solutions to questions, tasks, or problems through trial and error.

Interest and engagement in group experiences AL.PK.11 Initiate and engage in learning experiences and play with peers.

AL.PK.12

Relate and share knowledge with peers.

AL.PK.13

Assemble and guide classroom activities.

Social and Emotional Development Positive social and emotional development provides a critical foundation for lifelong development and learning. Social and emotional skills are necessary to foster secure attachment with adults and peers, maintain healthy relationships, regulate one’s behavior and emotions, and develop a healthy concept of personal identity. Developing these skills through active learning helps children navigate new environments, facilitate the development of supportive relationships with peers and adults, and support their ability to participate in learning activities. Essential to this process is the child’s ability to self-regulate and persist in activities when challenged with new experiences. To self-regulate, a child will be able to express, recognize, and manage their own emotions as well as respond appropriately to others’ emotions. These processes are the primary goals for young children and are incorporated into all learning standards.

All West Virginia teachers are responsible for meeting the needs of all children through a holistic approach. Students in Pre-K will advance through a developmentally appropriate progression of standards. The following chart represents social and emotional development standards that will be developed in Pre-K.

Self-Concept Knowledge of Family and Community Show confidence in self Express self Exhibit personal responsibility Identify and understand their roles and that of others within the community Social Relationships Develop positive relationships with children and adults Follow rules and routines Participate in cooperative and group play with guidance from adults In Pre-K, students should be immersed in a supportive environment and have numerous opportunities to develop self-concept, positive social relationships, and knowledge of family and community roles. Positively navigating through these concepts is foundational in becoming lifelong learners. Appropriate attachments with adults and peers form foundations for learning in all other domains. Learning and development occur simultaneously in all areas.

The following standards are numbered continuously. The ranges in the chart below relate to the clusters found within the Social and Emotional Development domains.

Self-Concept Development of Self-Concept Standards 1-3 Development of Self-Expression and Self-Awareness Standards 4-6 Social Relationships Development and Demonstration of Pro-Social Behaviors Standards 7-12 Standards 13-18 Knowledge of Family and Community Progression of Understanding of their Role in the Family and Community Standards 19-23 Self-Concept Development of Self-Concept SE.PK.1 Describe themselves by using physical characteristics/traits (e.g., hair, body parts, and height).

SE.PK.2

Demonstrate growing confidence in their own developing skills and expresses pride in accomplishments.

SE.PK.3

Increase independence in a variety of activities, routines, and tasks.

Development of Self-Expression and Self-Awareness SE.PK.4 Demonstrate progress in expressing needs, wants, and feelings.

SE.PK.5

Express a broad range of emotions and recognize these emotions in self and others.

SE.PK.6

Respond appropriately to different social situations.

Social Relationships Development and Demonstration of Pro-Social Behaviors SE.PK.7 Develop positive relationships with children and adults.

SE.PK.8

Show empathy and caring for others.

SE.PK.9

Follow basic rules and routines.

SE.PK.10

Use materials purposefully, safely, and responsibly.

SE.PK.11

Develop and sustain friendships with peers.

SE.PK.12

Manage transitions and begin to adapt to changes in routines.

SE.PK.13

Use communication skills to initiate or join classroom activities.

SE.PK.14

Engage in cooperative play.

SE.PK.15

Take turns with materials and during experiences.

SE.PK.16

Use and accept negotiation, compromise, and discussion to resolve conflicts.

SE.PK.17

Accept guidance and direction from a variety of familiar adults.

SE.PK.18

Participate in a variety of classroom activities and tasks.

Knowledge of Family and Community Progression of Understanding of Their Role in the Family and Community SE.PK.19 Understand and describe the interactive roles and relationships among family members.

SE.PK.20

Identify and describe roles of community members.

SE.PK.21

Understand similarities and respect differences among people (e.g., gender, race, special needs, culture, language, and family structure).

SE.PK.22

Identify themselves as a member of groups within a community.

SE.PK.23

Identify and describe locations and places in their community.

English Language Arts English language arts (ELA) refers to language development and the ability to interpret meaning from written text. Language development refers to emerging abilities in receptive and expressive language. This domain includes understanding and using one or more languages. Language development is among the most important tasks of the first five years of a child’s life. Language is the key to learning to across all domains. Specific language skills in early childhood are predictive of later success in learning to read and write. Also, children who are skilled communicators are more likely to demonstrate social competence.

Literacy knowledge and skills refers to the knowledge and skills that lay the foundation for reading and writing, such as understanding print concepts and conventions, phonological awareness, alphabet knowledge, letter-sound relationships, and early writing. Early literacy is the foundation for reading and writing in all academic endeavors in school. It is considered one of the most important areas for young children’s development and learning. Competent readers are individuals that can interpret meaning from written symbols. Competent writers can use symbols to represent their thoughts.

All West Virginia Pre-K teachers are responsible for meeting the needs of all children through a holistic approach. Students in Pre-K will advance through a developmentally appropriate progression of standards. The following chart represents the components of literacy that will be developed in the reading, writing, speaking and listening, and language domains in Pre-K.

Early Learning Foundations Fluency Phonics and Word Recognition Handwriting Phonological Awareness Print Concepts Reading Writing Competent readers are individuals that can interpret meaning from written symbols Competent writers can use symbols to represent their thoughts Speaking and Listening Language Speaking and listening refers to emerging abilities in receptive and expressive language Language development In Pre-K, ELA reflect dependence of literacy development on language skills. Further, children’s language skills are built through developmentally appropriate literacy immersion. Experiences in listening, speaking, reading, and writing must be embedded across all elements of the daily schedule and routines. Adults must provide experiences, interactions, and materials that build on children’s prior knowledge, while introducing new information. Intentional opportunities to communicate and engage in conversation with others are cornerstones of ELA. Early literacy learning provides children with an opportunity to explore the world through books, storytelling, and other reading and writing activities.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within ELA domains.

Early Learning Literacy Foundations Fluency Foundation I Phonics and Word Recognition Foundation II Handwriting Foundation III Phonological Awareness Foundation IV Print Concepts Foundation V Reading Key Ideas and Details Standards 1-6 Craft and Structure Standards 7-12 Integration of Knowledge and Ideas Standards 13-17 Range of Reading and Text Complexity Standards 18-19 Writing Text Types and Purposes Standards 20-22 Production and Distribution of Writing Standards 23-25 Research to Build and Present Knowledge Standards 26-28 Range of Writing Standard 29 Speaking & Listening Comprehension and Collaboration Standards 30-32 Presentation of Knowledge and Ideas Standards 33-35 Language Conventions of Standard English Standards 36-37 Knowledge of Language Standard 38 Vocabulary Acquisition and Use Standards 39-41 Literacy Early Learning Foundations Fluency ELA.PK.I Retell familiar stories from text with some accuracy and details.

Phonics and Word Recognition ELA.PK.II Know the sounds associated with several letters.

Recognize their own name and words associated with environmental print.

Handwriting ELA.PK.III Use a pincer grip to hold and manipulate tools for writing, drawing, and painting.

Use scribbles, shapes, pictures, and letters to represent objects, stories, experiences, or ideas.

Write first name.

Attempt to independently write some familiar words.

Phonological Awareness ELA.PK.IV Identify sounds or spoken words in the environment.

Recognize and produce rhyming words.

Separate words into syllables.

Replicate the beginning sound in a word.

Print Concepts ELA.PK.V Show interest in shared reading and looking at books independently.

Demonstrate an understanding that writing conveys meaning.

Understand concepts of print such as print moves from left to right and top to bottom, and print conveys a message.

Recognize that letters are grouped to form words and words are a unit of print.

Recognize and name some upper and lower case letters of the alphabet.

Reading Key Ideas and Details ELA.PK.1 With prompting and support, ask and answer questions about details in a literary text.

ELA.PK.2

With prompting and support, retell familiar stories in literary texts.

ELA.PK.3

With prompting and support, identify characters, events, and settings in a literary text.

ELA.PK.4

With prompting and support, ask and answer questions about details in an informational text.

ELA.PK.5

With prompting and support, identify the main topic and retell details of an informational text.

ELA.PK.6

Craft and Structure ELA.PK.7 With prompting and support, answer questions about unknown words in a literary text.

ELA.PK.8

ELA.PK.9

With prompting and support, define the roles of author and illustrator of a literary text.

ELA.PK.10

With prompting and support, ask questions about unknown words in informational text.

ELA.PK.11

With prompting and support, identify the front cover and back cover of a book and recognize how books are read (e.g., one page at a time, from front to back).

ELA.PK.12

With prompting and support, define the roles of author and illustrator of informational text.

Integration of Knowledge and Ideas ELA.PK.13 With prompting and support, describe the relationship between illustrations and the literary story in which they appear (e.g., what moment in a story an illustration depicts).

ELA.PK.14

With prompting and support, discuss how the adventures and experiences of characters in familiar literary stories relate to children’s own experiences.

ELA.PK.15

With prompting and support, describe the relationship between illustrations and the informational text in which they appear (e.g., what person, place, thing, or idea in the text an illustration depicts).

ELA.PK.16

ELA.PK.17

Range of Reading and Text Complexity ELA.PK.18 ELA.PK.19 Writing Text Types and Purposes ELA.PK.20 With prompting and support, use a combination of drawing, dictating, and writing to compose opinion pieces in which the topic or the name of the text being discussed is included; state an opinion or preference about the topic or book using discussion, experience, or texts.

ELA.PK.21

With prompting and support, use a combination of drawing, dictating, and writing to compose informative/explanatory texts; name and supply some information about the topic using discussion, experience, or texts.

ELA.PK.22

With prompting and support, use a combination of drawing, dictating, and writing to narrate text in sequential order (beginning, middle, end) using discussion, experience, or texts.

Production and Distribution of Writing ELA.PK.23 (Begins in grade 3.)

ELA.PK.24

ELA.PK.25

With guidance and support, explore a variety of writing tools and materials (e.g., pencils, markers, sand, developmentally appropriate digital tools).

Research to Build and Present Knowledge ELA.PK 26 With guidance and support, participate in shared research and writing during play (e.g., explore a number of books by a favorite author and express opinions about them).

ELA.PK.27

With prompting and support, recall information from experiences to answer a question.

ELA.PK.28

(Begins in grade 4.)

Range of Writing ELA.PK.29 (Begins in grade 3.)

Speaking and Listening Comprehension and Collaboration ELA.PK.30 With prompting and support, participate in collaborative conversations about Pre-K topics and texts with peers and adults through multiple exchanges.

ELA.PK.31

With prompting and support, confirm understanding of a text read aloud or information presented orally or through other media by answering questions about details.

ELA.PK.32

With prompting and support, ask and answer questions in order to seek help and get information.

Presentation of Knowledge and Ideas ELA.PK.33 Describe familiar people, places, things, and events.

ELA.PK.34

With prompting and support, add drawings or other visual displays to descriptions as desired to provide additional details (e.g., 2- or 3-dimensional artwork).

ELA.PK.35

Use non-verbal communication or spoken language to express ideas, needs, and feelings.

Language Conventions of Standard English ELA.PK.36 Communicate clearly enough to be understood by adults across a range of situations.

Pronunciation errors and grammatical errors are isolated and infrequent.

Show proficiency with prepositions, regular/irregular past tense, verb, possessives, and noun-verb agreement.

Uses sentences with five or more words.

ELA.PK.37

(Begins in Kindergarten.)

Knowledge of Language ELA.PK.38 (Begins in grade 2.)

Vocabulary Acquisition and Use ELA.PK.39 (Begins in Kindergarten.)

ELA.PK.40

With prompting and support, explore word categories and relationships among words.

Sort common objects into categories (e.g., shapes or foods) to gain a sense of the concepts the categories represent.

Demonstrate understanding of frequently occurring verbs and adjectives and opposites (antonyms).

Identify real-life connections between words and their meaning.

Distinguish meaning among verbs describing the same general action (e.g., walk, march, strut, and prance) by acting out the meanings.

ELA.PK.41

With prompting and support, use words and phrases acquired through conversations, being read to, and responding to texts.

Mathematics During daily activities, children use mathematical strategies to solve problems and make connections to the world around them. All West Virginia teachers are responsible for classroom instruction that integrates content standards and the eight mathematical habits of mind.

Mathematical Habits of Mind (MHM)

The Mathematical Habits of Mind (MHM) describe varieties of expertise that mathematics educators at all levels should develop in their students.

MHM1: Make sense of problems and persevere in solving them.

Begin to use real-life experiences to develop mathematical knowledge.

Begin to use concrete objects to solve mathematical problems.

Talk through mathematical thinking with support from adults.

Tries more than one way to solve a problem with adult support.

MHM2: Reason abstractly and quantitatively.

Explore counting with one-to-one correspondence.

Recognize that the last number counted represents how many there are in a group of items.

Count to answer how many.

Answer questions such as, “how do you know?” “How can we figure out…?” “What did you notice?”

Express quantitative ideas throughout activities.

MHM3: Construct viable arguments and critique the reasoning of others.

Include mathematical reasoning in discussion with peers.

Explain their mathematical thinking through communication with peers with adult support.

Explore negotiation with peers with adult support.

Discuss and explain mathematical reasoning.

MHM4: Model with mathematics.

Use fingers, objects, or manipulatives to demonstrate understanding of mathematics.

Use drawings to describe mathematical concepts.

Act out mathematical situations.

MHM5: Use appropriate tools strategically.

Explore familiar mathematical tools and begin to explain how they can be used with adult support.

Begin to use mathematical tools such as manipulatives, rulers, counters, paper, and pencils to explore mathematical concepts.

Use non-standard forms of measurement.

Have conversations about how tools are used for mathematics.

MHM6: Attend to precision.

Begin to develop mathematical communication skills with adult support.

Begin to use mathematical vocabulary in appropriate context.

Compare and contrast objects.

Begin to identify attributes of an object.

Sort objects.

MHM7: Look for and make use of structure.

Begin to construct an understanding of patterns.

Identify parts in a relationship to a whole.

Begin to correctly count objects up to 10.

MHM8: Look for and express regularity in repeated reasoning.

Counts in sequence consistently.

Look for patterns in their environments.

Understands that there are more when items are combined and less when items are taken away.

Children in Pre-K will focus on two critical areas: 1) analyzing mathematical challenges in an environment where collaboration in creative mathematical thinking is encouraged; and 2) formulating, representing, and solving simple mathematical problems through creative thinking which is imperative to building mathematical competency. Pre-K offers exposure to skills, active exploration, and discoveries in context of stimulating opportunities that provides foundational skills. This is accomplished through intentional planning by the teacher in mathematics. The following chart represents mathematical standards that will be developed in Pre-K.

Counting and Cardinality Operations and Algebraic Thinking Count in sequence to 10 Use 1 to 1 correspondence Match quantity to numbers Recognition of adding/removing objects as adding/subtracting Understand simple patterns Measurement and Data Geometry Name shapes correctly Describe attributes of objects Understand more or less High-quality early numeracy experiences directly attribute to later literacy achievement. Practical applications of early numeracy are vital in fostering young children’s overall mathematical thinking. Mathematical thinking is a process and a core component of cognition. Young children need to analyze mathematical challenges in an environment where collaboration in creative mathematical thinking is encouraged. Formulating, representing, and solving simple mathematical problems through creative thinking is imperative to building mathematical competency. Mathematics is the ability to think logically, plan, solve problems, reason, make predictions, and notice patterns. When given the opportunity, young children use symbolic thinking to represent their thoughts, which becomes a catalyst for higher level thinking in all domains.

The following mathematics standards are numbered continuously. The ranges in the chart below relate to the clusters found within the Mathematics domain.

Counting and Cardinality Number Names Standards 1-3 Counting to Tell the Numbers of Objects Standards 4-5 Comparing and Ordering Numbers Standards 6-7 Operations and Algebraic Thinking Composing and Decomposing Numbers Standards 8-13 Number and Operation in Base Ten Number and Operations in Base Ten Standard 14 Measurement and Data Describe and Compare Measurable Attributes Standards 15-16 Classify Objects and Count the Number of Objects in Each Category Standards 17-19 Geometry Identify and Describe Shapes Standards 20-22 Analyze, Compare, Create, and Compose Shapes Standards 23-25 Counting and Cardinality Number names M.PK.1 Count in sequence to 10 and beyond.

M.PK.2

M.PK.3

Begin to identify and write some numerals.

Counting to tell the number of objects M.PK.4 Understand the relationship between numbers and quantities; connect counting to cardinality.

Use one-to-one correspondence to count objects and match groups to objects.

Match quantity with number symbols; given a number up to 10, counts out that many objects Recognize quantity without counting up to five objects.

M.PK.5

Count to answer, “how many?” questions up to 10 items.

Comparing and ordering numbers M.PK.6 Identify whether the number of objects in one group is more, less, greater than, fewer, and or equal to number of objects in another group for up to 5 objects (e.g., by using matching and counting strategies).

M.PK.7

Identify first and last related to order or position.

Operations and Algebraic Thinking Composing and decomposing numbers M.PK.8 Recognize addition as putting objects together and subtraction as taking objects apart. (e.g., if we have 3 apples and add 2 more, how many apples do we have all together?).

M.PK.9

With adult assistance, solves addition and subtraction word problems.

M.PK.10

Solve addition problems by joining objects together.

M.PK.11

M.PK.12

Recognize patterns M.K.13 Duplicate, create, and extend simple patterns using concrete objects.

Number and Operations in Base Ten Work with numbers 11-19 to gain foundations for place value M.PK.14 Measurement and Data Describe and compare measurable attributes M.PK.15 With prompting and support, identify measurable attributes of objects, such as length and/or weight.

M.PK.16

Represent and interpret data.

Estimate the size of objects in comparison to a common unit of measurement, (e.g., more/less, long/short, big/little, light/heavy).

Recognize and interpret information/symbols presented in tables and graphs.

Classify objects and count the number of objects in each category M.PK.17 Sort objects into categories according to common characteristics (e.g., color, size, shape) and count the number of objects up to 5.

Work with money.

M.PK.18

M.PK.19

Geometry Identify and describe shapes M.PK.20 Describe objects in the environment.

Use the names of basic shapes.

Describe the relative positions of objects using terms (e.g., up, down, over, under, top, bottom, inside, outside, in front, behind).

M.PK.21

Correctly name basic shapes regardless of their orientation or overall size.

M.PK.22

Sort two-and three-dimensional shapes and objects.

Analyze, compare, create and compose shapes M.PK.23 Analyze and compare two- and three-dimensional shapes and objects in different sizes. Describe their similarities, differences, and other attributes.

M.PK.24

Create and build shapes from components (e.g., sticks and clay balls).

M.PK.25

With prompting and support, compose simple shapes to form larger shapes (e.g., “Can these two triangles, with full sides touching, join to make a rectangle?”)

Science Scientific thinking builds on children’s prior experiences, backgrounds, and early theories. Children’s fundamental math concepts support scientific experimentation, investigation, and inquiry, resulting in the development of new understandings of their world. Science and math concepts are best developed through active exploration of naturalistic, informal, and structured learning experiences. Expanding on children’s curiosity, encouraging them to pursue their questions and develop ideas in a risk-free environment helps children to refine their own understanding of the world around them. Documentation of children’s experiences and hypotheses allow them to share and discuss their theories with others. Scientific thinking is an approach to learning.

All West Virginia teachers are responsible for meeting the needs of all children through a holistic approach. Children in Pre-K will advance through a developmentally appropriate progression of standards. The following chart represents the components of Science that will be developed in the Science as Inquiry and Scientific Knowledge standards in Pre-K.

Science as Inquiry Scientific Knowledge Active exploration Investigation Inquire, observe, and analyze In Pre-K, children should be immersed in a science rich environment and have numerous opportunities for hands-on, child-centered inquiry. It is more important for children to engage in the process of scientific inquiry and making connections than learning scientific facts.

The following science standards are numbered continuously. The ranges in the chart below relate to the clusters found within the Science domain.

Science as Inquiry Foundational Knowledge of Scientific Inquiry Standards 1-4 Utilization of Inquiry Standards 5-8 Scientific Knowledge Understanding the Living and Physical World Standards 9-11 Science as Inquiry Foundational Knowledge of Scientific Inquiry SC.PK.1 Ask questions that can be answered through active investigation.

SC.PK.2

Explore and discuss similarities and differences among objects and materials.

SC.PK.3

Investigate cause and effect relationships through exploration, manipulation and interaction with the environment (problem solving techniques).

SC.PK.4

Make predictions and brainstorm solutions.

Utilization of Inquiry SC.PK.5 Identify the five senses and use them to make observations.

SC.PK.6

Explore observational tools (e.g., magnifying glass, stethoscope) to extend the five senses.

SC.PK.7

Engage using scientific vocabulary (e.g., observe, compare, contrast, measure, reflect, predict, plan).

SC.PK.8

Communicate results, solutions, and conclusions through a variety of methods (e.g., verbal or visual representation).

Scientific Knowledge Understanding the Living and Physical World SC.PK.9 Explore and describe the natural environment verbally or through representation.

SC.PK.10

Explore and describe changes in materials and relationships (e.g., cause/effect, seasons, life cycles, etc.).

SC.PK.11

Communicate awareness that people can impact the environment in positive and negative ways.

Health and Physical Development Health and Physical Development refers to physical well-being, use of the body, muscle control, appropriate nutrition, exercise, hygiene, and safety practices. Learning healthy habits early lays the foundation for lifelong healthy living. Physical well-being, health, and motor development are equally important foundations to young children’s learning. Health problems, delays in physical development, and frequent illnesses interfere with children’s ability to learn and are associated with a range of poor developmental and educational outcomes. Developing motor control and coordination involves the interplay between children’s emerging physical capabilities, growth and maturation, adult interactions and support, and opportunities to practice new skills. Other domains rely on continued growth in health and physical development.

All West Virginia teachers are responsible for meeting the needs of all children through a holistic approach. Students in Pre-K will advance through a developmentally appropriate progression of standards. The following chart represents the components of physical health and development that will be developed in Pre-K.

Gross Motor Follow rules and routines Recognize unsafe situation Develop large muscle coordination and skills Develop spatial awareness Health Practices Fine Motor Complete personal care routines Make healthy choices Develop small muscle coordination and skills Demonstrate increased self-help skills In Pre-K, students should be immersed in a healthy environment and have numerous opportunities to practice and use a variety of healthy habits, safety practices, and engage in physical activities.

The following health and physical development standards will be numbered continuously. The ranges in the chart below related to the clusters found within the health and physical development domains.

Standards 1-5 Health Practices Healthy Development Standards 6-9 Gross Motor Gross Motor Development Standards 10-14 Fine Motor Fine Motor Development Standards 15-18 PH.PK.1 Participate in safety stories, games, and drills (e.g., bus, fire, bike, and strangers).

PH.PK.2

Recognize symbols indicating danger (e.g., STOP signs, Mr. Yuk sticker).

PH.PK.3

Respond appropriately to harmful and unsafe situations.

PH.PK.4

Follow classroom and community safety rules and routines (e.g., fire drills, bus rules, pedestrian safety).

PH.PK.5

With prompting and support, communicate an understanding of the importance of safety routines and rules.

Health Practices Healthy Development PH.PK.6 Complete personal care tasks (e.g., dressing, brushing teeth, toileting, and washing hands) independently.

PH.PK.7

Participate in structured and unstructured physical activities in order to enhance fitness.

PH.PK.8

Communicate an understanding of the importance of healthy routines (e.g., appropriate times to wash hands).

PH.PK.9

Demonstrate knowledge and skills that help promote nutritious food choices and eating habits (e.g., distinguish food as healthy or unhealthy; acknowledge moderation).

Gross Motor Gross Motor Development PH.PK.10 Develop motor control for a range of physical activities (e.g., walking, propelling a wheelchair or mobility device, skipping, running, climbing, and hopping).

PH.PK.11

Develop motor coordination and skill in using objects for a range of physical activities (e.g., pulling, throwing, catching, kicking, bouncing or hitting a ball, and riding a tricycle).

PH.PK.12

Demonstrate increased balance (e.g., balance beam, riding equipment, and play structures).

PH.PK.13

Demonstrate awareness of own body and other people’s space during interactions.

PH.PK.14

Move body in relation to objects to effectively perform tasks (e.g., kick a ball, pedal a tricycle).

Fine Motor Fine Motor Development PH.PK.15 Demonstrate increased ability, strength, dexterity, and control to manipulate and use tools (e.g., scissors, staplers, hammers, and eating utensils).

PH.PK.16

Demonstrate increased accuracy of eye-hand coordination and use of opposing hand movements (e.g., building with blocks, stringing with beads, cutting with scissors, and putting puzzles together).

PH.PK.17

Explore a variety of writing tools and materials (e.g., pencils, markers, sand, developmentally appropriate digital tools).

PH.PK.18

Demonstrate increased ability with self-help skills (e.g., buttoning, zipping, and lacing).

The Arts The Arts refers to opportunities for children to engage in creative expression and an appreciation for such forms as dramatic play, music, dance, visual arts, and other creative activities. Children develop problem-solving skills, positive dispositions to learning, and growth across all developmental domains of learning through the arts. As children experience opportunities to express themselves through The Arts, they also develop a positive sense of self.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills and technology tools. Students in Pre-K will advance through a developmentally appropriate progression of standards. The following chart represents the arts that will be developed in Pre-K.

Visual Arts Rhythm Exploration Creativity Experimentation Dance Motions for Communication Imaginative Play Symbolic Thinking In Pre-K, students should be immersed in an art-rich environment. Children develop many life skills through varied creative experiences. Experiences in the arts support brain development, increased persistence, analysis of cause and effect, and self-confidence. The arts provide foundations for innovation in later years.

The following standards are numbered continuously. The ranges in the chart below relate to the clusters found within The Arts domains.

Standards 1-4 Standards 5-6 Visual Arts Visual Art Standards 7-11 Standards 12-15 AR.PK.1 Participate in music activities (e.g., listening, singing, and finger plays).

AR.PK.2

Create music through a variety of techniques and tools (e.g., clapping, playing musical instruments, and using items from nature to create a beat).

AR.PK.3

Experiment with traditional and nontraditional musical instruments.

AR.PK.4

Communicate by moving expressively to music (e.g., tempo, style).

AR.PK.5

Move to different patterns of beat and rhythm in music.

AR.PK.6

Use creative movement to express ideas or feelings and concepts.

Visual Arts Visual Arts AR.PK.7 Express thoughts and feelings through creative artwork (e.g., drawing, sculpting, and painting).

AR.PK.8

Communicate ideas, experiences, and knowledge through creative artwork.

AR.PK.9

Demonstrate a growing ability to plan, work independently, and demonstrate care and persistence in a variety of art projects.

AR.PK.10

Describe one’s own artwork.

AR.PK.11

Explore colors, textures, and techniques using different mediums (e.g., clay, natural materials, wood, sewing, digital graphics, and photography).

AR.PK.12

Participate in a variety of pretend play to explore various roles (e.g., family and community members in the dramatic play area, blocks, and outdoors).

AR.PK.13

Use dialogue, actions, and objects to tell a story and communicate ideas, feelings, experiences, and knowledge.

AR.PK.14

Show creativity through the use of materials in pretend play (e.g., costume pieces, props, puppets, and fabrics).

AR.PK.15

Utilize representation and symbolic play to extend play scenarios and create props for play (e.g., a block as a telephone or material as clothing).

Series 044P West Virginia Alternant Academic Achievement Standards (Policy 2520.16)

W. Va. Code R. § 126-44P-1 General

Scope. -- W. Va. 126CSR42, West Virginia Board of Education (WVBE) Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510), provides a definition of a delivery system for, and an assessment and accountability system for, a thorough and efficient education for West Virginia public school students. Policy 2520.16 defines the alternate academic achievement standards for grades K-12 in English language arts (ELA), mathematics, and science for students with the most significant cognitive disabilities, as required by WVBE Policy 2510.

Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §18-2-5 and §18-2E-1.

1.3. Filing Date. -- October 12, 2017.

1.4. Effective Date. -- July 1, 2018.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR44P, WVBE Policy 2520.16, Next Generation Alternate Academic Achievement Standards for Science in West Virginia Schools, filed October 15, 2015, and effective July 1, 2016; W. Va. 126CSR44V, WVBE Policy 2520.161, Next Generation Alternate Academic Achievement Standards in English Language Arts for West Virginia Schools, filed July 11, 2014, and effective August 11, 2014; and repeal of W. Va. 126CSR44W, WVBE Policy 2520.162, Next Generation Alternate Academic Achievement Standards for Mathematics for West Virginia Schools, filed July 11, 2014, and effective August 11, 2014.

W. Va. Code R. § 126-44P-2 Purpose

2.1. This policy defines the alternate academic achievement standards for the program of study required by Policy 2510 for students with the most significant cognitive disabilities, i.e., those who are typically assessed with the West Virginia Alternate Assessment.

W. Va. Code R. § 126-44P-3 Incorporation by Reference

3.1. The West Virginia Alternate Academic Achievement Standards in ELA, mathematics, and science for grades K-12 are attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education (WVDE), Office of Special Education.

W. Va. Code R. § 126-44P-4 Summary of the Content Standards

4.1. The WVBE has the responsibility for establishing high quality educational standards for all education programs (W. Va. Code §18-2E-1). The standards provide a framework for teachers of students with the most significant cognitive disabilities. This policy links the West Virginia College- and Career-Readiness Standards (WVCCRS) in ELA, math, and science with the alternate academic achievement standards. The alternate academic achievement standards are applicable for students with the most significant cognitive disabilities, i.e., students who are assessed with the West Virginia Alternate Assessment.

W. Va. Code R. § 126-44P-5 Severability

5.1. If any provisions of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Introduction The West Virginia Alternate Academic Achievement Standards have been developed with the goal of ensuring that students with significant cognitive disabilities achieve increasingly high academic outcomes and leave high school ready for postsecondary options. Instruction in the alternate standards should occur with an eye toward the real-world application or functional application of each standard.

The core belief that all students, no matter how significant their disabilities, have the capacity to learn is essential. Although the challenge of a significant disability may be a barrier to the traditional means of demonstrating knowledge, it is imperative to implement supports and strategies that will allow even the most involved student to make and communicate progress.

The West Virginia Alternate Academic Achievement Standards are linked to the WVCCRS, meeting the first Every Student Succeeds Act (ESSA) requirement for a State-defined alternate diploma. ESSA and the Individuals with Disabilities Education Act (IDEA) require all students, including students with significant cognitive disabilities, to have the opportunity to learn academic content based on grade-level standards. ESSA goes on to clarify that that students with disabilities should have the opportunity to learn the same curriculum as their peers without disabilities, one that is “based on the State’s academic content standards” for the grade in which a student is enrolled (U.S. Department of Education, 2015a).

West Virginia Alternate Academic Achievement Standards for English Language Arts Introduction While the standards are reduced in scope and complexity, they are aligned with WVCCRS to afford students the opportunity to participate in a richer learning experience and are designed to raise expectations for students' academic achievement. Higher expectations require that students with significant cognitive disabilities must have access to general education, be provided with specialized instruction, and participate in national, state, and local assessment programs. The alternate achievement standards should be no less challenging for students with the most significant cognitive disabilities than the standards set for all other students. This articulation reflects both horizontal and vertical alignment across the grades, with the goal of moving students toward more sophisticated understandings in all domains.

Explanation of Terms Clusters are groups of standards that define the expectations students must demonstrate to succeed in the environments, in and out of schools, that students with severe disabilities are likely to encounter.

Domains are the broad components that make up a content area, e.g., reading, writing, speaking/listening, and language make up the ELA content area.

Language – Students will learn and apply the standard rules of written and spoken English. Students will understand words and phrases, their relationships, and their nuances and acquire new vocabulary, particularly general academic and domain specific words and phrases.

Reading – The development of proficient reading skills is critical for mastering academic content. Students must show a steadily growing ability to discern more from and make fuller use of text. This includes making connections among ideas and between texts and considering a range of textual evidence. In order to build the foundations of reading, students will master the essential components of reading (i.e., fluency, phonics and word recognition, phonological awareness, and print concepts). Students will gain exposure to a range of text and tasks. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades.

Speaking/Listening – Students will be required to communicate ideas clearly. They will use oral communication and interpersonal skills as they work together. They will need to be able to express and listen carefully to ideas, integrate information from oral, visual, quantitative and media sources, use media and visual displays strategically to help achieve communicative purposes, and adapt speech to context and task.

Writing – Students will apply writing skills and strategies to communicate effectively for different purposes using specific writing types. Using a variety of literary and informational texts, print sources and media sources, students will select, organize, and utilize information for research purposes.

Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

The numbering for each standard is composed of four parts, each part separated by a period. the letter A to signify Alternate Academic Achievement Standards, the content area code (e.g., ELA for English language arts), the grade level, and the standard.

Illustration: A.ELA.3.1 refers to English language arts, grade 3, standard 1.

Alternate Academic Achievement Indicators for English Language Arts The grade K-12 standards on the following pages define what students should know, understand, and be able to do by the end of each grade level. They correspond to the Alternate Academic Achievement Indicators for ELA below by cluster. The Alternate Achievement Indicators and grade-specific standards are necessary complements – the former providing broad standards, the latter providing additional specificity – that together define the skills and understandings that all students must demonstrate.

Read closely to determine what the text says explicitly; refer to textual evidence when writing or speaking to support conclusions drawn from the text.

Determine central ideas of a text and describe their development; summarize the key supporting details and ideas.

Describe how individuals, events, and ideas develop and interact over the course of a text.

Interpret words and phrase, as they are used in a text, including determining technical and figurative meanings, and describe how specific word choices shape meaning or tone.

Describe the structure of texts, including how specific sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole.

Determine how point of view or purpose shapes the content and style of a text.

Utilize content presented in diverse media and formats, including visually and quantitatively, as well as in words.

Identify the argument and specific claims in a text, including what evidence supports the claim.

Range of Reading and Level of Text Complexity Read and comprehend complex literary and informational texts.

Text Types and Purposes (These broad types of writing include many subgenres.)

Write arguments to support claims using evidence.

Write informative/explanatory texts to convey ideas and information clearly and accurately.

Write narratives to develop real or imagined experiences or events.

Produce clear and coherent writing in which development, organization, and style are appropriate to task, purpose, and audience.

Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach.

Use technology, including the Internet, to produce and publish writing and to interact and collaborate with others.

Conduct short research projects based on focused questions, demonstrating understanding of the subject under investigation.

Gather relevant information from multiple print and digital sources, organize information for effective use.

Draw evidence from literary or informational texts to support grade level reading standards.

Write routinely for a range of tasks, purposes, and audience.

Prepare for and participate effectively in a range of conversations and collaborations with diverse partners expressing ideas clearly.

Utilize content presented in diverse media and formats, including visually, quantitatively, and orally.

Identify a speaker’s point of view and use of evidence.

Present information such that the organization, development, and style are appropriate to task, purpose, and audience.

Make strategic use of digital media and visual displays of data to express information.

Adapt speech to a variety of contexts and communicative tasks, demonstrating understanding of formal English when indicated or appropriate.

Languages Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Demonstrate understanding of the conventions of Standard English capitalization, punctuations, and spelling when writing.

Apply knowledge of language to understand how language functions in different contexts and to comprehend more fully when reading or listening.

Determine or clarify the meaning of unknown and multiple-meaning words and phrases by using context clues and meaningful word parts, and consulting general and specialized reference materials, as appropriate.

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Acquire and accurately use a range of general academic and domain-specific words and phrases sufficient for reading writing, speaking, and listening; demonstrate independence in gathering vocabulary knowledge when encountering an unknown term important to comprehension or expression.

Alternate Academic Achievement Standards for English Language Arts – Kindergarten The West Virginia Alternate Academic Achievement Standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s Individualized Education Plan (IEP) will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills and technology tools. The following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in kindergarten:

Name upper or lower-case letters, recognize the structure of sounds in language, and match letters with their sounds and print them.

Identify major parts of familiar stories.

Use illustrations to support understanding of stories or informational text.

Ask and/or answer questions about key details in stories or other information read aloud.

Participate in shared writing experiences.

State an opinion or preference about a topic or book in writing.

Use a combination of drawing, dictating, and writing to describe an event.

Take part in classroom conversations and following rules for discussions.

Speak clearly to express thoughts, feelings, and ideas.

Increase use of words and phrases acquired through conversations and shared reading experiences.

Kindergarten – Grade 1 Specifications In kindergarten through grade 1, students should be immersed in a literacy-rich environment and have numerous opportunities to engage with complex texts that are appropriate for addressing the expectations of the Alternate Academic Achievement Standards for kindergarten. By the end of the programmatic level (grade 1) and over the course of the entire instructional day, the distribution of text types should include 50% literary and 50% informational, and writing types should be 30% argumentative, 35% informative, and 35% narrative.

The following English language arts standards will be numbered continuously. The ranges in the chart below relate to the clusters found within the English language arts domains:

A.ELA.K.I

Engage in shared reading of appropriate texts with purpose and understanding.

Phonics and Word Recognitions A.ELA.K.II Demonstrate an emerging awareness of phonics and word analysis skills in decoding words.

Recognize sound of first letter of own name, recognize own name and familiar names and/or words in print.

Demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary sounds for some consonants.

A.ELA.K.III

Print, trace, or use assistive technology to produce letters.

A.ELA.K.IV

Demonstrate an emerging understanding of spoken words and sounds (phonemes).

Recognize rhyming words.

Add or substitute individual initial sounds (phonemes) in simple, one-syllable words to make new words.

A.ELA.K.V

During shared reading activities, point to text: from top to bottom of page, left to right, or to match a spoken “orally read” word to the written word.

During shared reading activities, indicate need to turn the page for continued reading.

Identify and/or name some letters of the alphabet.

A.ELA.K.1

A.ELA.K.2

A.ELA.K.3

Identify characters, settings, and/or major events in a familiar literary text.

A.ELA.K.4

A.ELA.K.5

A.ELA.K.6

Identify the individuals or events, or pieces of information in a familiar informational text.

A.ELA.K.7

Answer questions about unknown words in a familiar literary text.

A.ELA.K.8

Recognize common types of texts (e.g. storybooks or poems).

A.ELA.K.9

Explore how the author and illustrator contribute to the story in a familiar literary text.

A.ELA.K.10

Ask or answer questions about unknown words in a familiar informational text.

A.ELA.K.11

Explore the front cover, back cover, and/or title page of a book.

A.ELA.K.12

Explore how the author and illustrator contribute to the presentation of ideas or information in a familiar informational text.

Integration of Knowledge and ideas A.ELA.K.13 Explore the relationship between illustrations and the literary story in which they appear (e.g., what moment in a story an illustration depicts).

A.ELA.K.14

Explore the relationship between illustrations and the informational text in which they appear (e.g., what person, place, things, or ideas in the text an illustration depicts).

A.ELA.K.15

A.ELA.K.16

Actively engage in group reading activities of literary texts with purpose and understanding.

A.ELA.K.17

Actively engage in group reading activities of informational texts with purpose and understanding.

A.ELA.K.18

Use drawing, dictating, and/or writing to state an opinion or preference on a familiar topic or text.

A.ELA.K.19

Use drawing, dictating, and/or writing to supply some information about a familiar topic or text.

A.ELA.K.20

Use drawing, dictating, and/or writing to narrate a single event.

A.ELA.K.21

A.ELA.K.22

Add details to strengthen writing as needed incorporating guidance and support from adults and collaborative discussions.

A.ELA.K.23

Explore a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.K.24

Participate in shared research and writing (e.g., explore a number of books by a favorite author and express opinions about them).

A.ELA.K.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.K.26

A.ELA.K.27

A.ELA.K.28

Participate in collaborative conversations with diverse partners about kindergarten topics and appropriate complex texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under discussion).

Continue a conversation through multiple exchanges.

A.ELA.K.29

Confirm understanding of a text read aloud or information presented orally or through other media by answering questions about key details and requesting clarification if something is not understood.

A.ELA.K.30

Ask and/or answer questions in order to seek help, get information, or clarify something that is not understood.

A.ELA.K.31

Describe familiar people, places, things, and events.

A.ELA.K.32

Adding drawings or other visual displays to descriptions as desired to provide additional details.

A.ELA.K.33

Ask and/or answer questions in order to seek help, get information, or clarify something that is not understood.

A.ELA.K.34

Explore conventions of Standard English grammar and usage when writing or speaking Use frequently occurring nouns and verbs.

Understand and use question words (interrogative) (e.g., who, what, where, when, why, and how).

Use the most frequently occurring prepositions (e.g., to, from, in, out, on, off, for, of, by, and with).

A.ELA.K.35

Explore conventions of Standard English capitalization and punctuation during shared writing activities.

Locate capital letters.

Locate end punctuation.

Knowledge of Languages A.ELA.K.36 Vocabulary Acquisitions and Use A.ELA.K.37 Demonstrate emerging knowledge of word meanings.

Demonstrate understanding of words used in every day routines.

A.ELA.K.38

Explore word relationships and nuances in word meanings.

Sort common objects into categories (e.g., shapes or foods) to gain a sense of the concepts the categories represent.

Demonstrate understanding of frequently occurring verbs and adjectives by relating them to their opposite (antonyms) (e.g., run/walk, sit/stand, short/tall, small/big).

A.ELA.K.39

Use words and phrases acquired through conversations, being read to, and during shared reading activities.

Alternate Academic Achievement Standards for English Language Arts – Grade 1 The West Virginia Alternate Academic Achievement Standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from kindergarten, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in first grade:

Name upper or lower-case letters, recognize the structure of sounds in language, and match letters with their sounds and print them.

Identify major parts of familiar stories.

Use illustrations to support understanding of stories or informational text.

Ask and/or answer questions about key details in stories or other information read aloud.

Participate in shared writing experiences.

State an opinion or preference about a topic or book in writing.

Use a combination of drawing, dictating, and writing to describe an event.

Take part in classroom conversations and following rules for discussions.

Speak clearly to express thoughts, feelings, and ideas.

Increase use of words and phrases acquired through conversations and shared reading experiences.

Kindergarten through Grade 1 Specifications In kindergarten through grade 1, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for first grade. By the end of the programmatic level (grade 1) and over the course of the entire instructional day, the distribution of text should include 50% literary and 50% informational, and writing types should be 30% argumentative, 35% informative, and 35% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.1. I

Engage in shared reading of appropriate texts with purpose and understanding.

Phonics and Word Recognitions A.ELA.1.II Demonstrate an emerging awareness of phonics and word analysis skills in decoding words.

Recognize sound of first letter of own name, recognize own name and familiar names and/or words in print.

Demonstrate basic knowledge of one-to-one letter-sound correspondence by producing the primary sounds for some constants.

Identify letter-sound associated at the beginning of words.

A.ELA.1.III

Print, trace, or use assistive technology to produce letters.

A.ELA.1.IV

Demonstrate an emerging understanding of spoken words and sounds (phonemes).

Recognize rhyming words.

Isolate initial sounds in consonant-vowel-consonant (CVC) words (not including blends).

Add or substitute individual initial sounds (phonemes) in simple, one-syllable words to make new words.

A.ELA.1.V

During shared reading activities, point to text: from top to bottom of page, left to right, or to match a spoken “orally read” word to the written word.

During shared reading activities, indicate need to turn the page for continued reading.

Identify and/or name some letters of the alphabet.

A.ELA.1.1

A.ELA.1.2

A.ELA.1.3

Identify characters, settings, and/or major events in a familiar literary text.

A.ELA.1.4

A.ELA.1.5

A.ELA.1.6

Identify the individuals, events, or pieces of information in a familiar informational text.

Craft and Structures A.ELA.1.7 Answer questions about unknown words in a familiar literary text.

A.ELA.1.8

Recognize common types of texts (e.g., storybooks or poems).

A.ELA.1.9

Explore how the author and illustrator contribute to the story in a familiar literary text.

A.ELA.1.10

Answer questions about unknown words in a familiar informational text.

A.ELA.1.11

Explore the front cover, back cover, and/or title page of a book.

A.ELA.1.12

Explore how the author and illustrator contribute to the presentation of ideas or information in a familiar informational text.

A.ELA.1.13

Explore the relationship between illustrations and the literary story in which they appear (e.g., what moment in a story an illustration depicts).

A.ELA.1.14

Explore the relationship between illustrations and the informational text in which they appear (e.g., what person, place, thing, or idea in the text an illustration depicts).

A.ELA.1.15

A.ELA.1.16

Actively engage in group reading activities of literary texts with purpose and understanding.

A.ELA.1.17

Actively engage in group reading activities of informational texts with purpose and understanding.

A.ELA.1.18

Use drawing, dictating, and/or writing to state an opinion or preference on a familiar topic or text.

A.ELA.1.19

Use drawing, dictating, and/or writing to supply some information about a familiar topic or text.

A.ELA.1.20

Use drawing, dictating, and/or writing to narrate a single event.

A.ELA.1.21

A.ELA.1.22

Add details to strengthen writing as needed incorporating guidance and support from adults and collaborative discussions.

A.ELA.1.23

Explore a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.1.24

Participate in shared research and writing (e.g., explore a number of books by a favorite author and express opinions about them).

A.ELA.1.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.1.26

(Begins in grade 4.)

A.ELA.1.27

A.ELA.1.28

Participate in collaborative conversations with diverse partners about grade 1 topics and appropriately complex texts with peers and adults in small and large groups.

Follow agreed upon rules for discussion (e.g., listening to others and taking turns speaking about the topics and texts under discussion). Continue a conversation through multiple exchanges.

A.ELA.1.29

Confirm understanding of a text read aloud or information presented orally or through other media by answering questions about key details and requesting clarification if something is not understood.

A.ELA.1.30

Ask and/or answer questions in order to seek help, get information, or clarify something that is not understood.

A.ELA.1.31

Describe familiar people, places, things, and events.

A.ELA.1.32

Add drawings or other visual displays to descriptions as desired to provide additional details.

A.ELA.1.33

Speak audibly to express thoughts, feelings, and ideas.

A.ELA.1.34

Demonstrate emerging understanding of conventions of Standard English grammar and usage when writing or speaking.

Use frequently occurring nouns and verbs.

Understand and use questions words (interrogatives) (e.g., who, what, where, when, why, and how).

Use the most frequently occurring prepositions (e.g., to, from, in, out, on, off, for, of, by, and with).

Link two or more words together in communication.

A.ELA.1.35

Demonstrate emerging understanding of conventions of Standard English capitalization and punctuation during shared writing activities.

Locate the first letter in a sentence.

Locate end punctuation.

Knowledge of Languages A.ELA.1.36 Vocabulary Acquisitions and Use A.ELA.1.37 Demonstrate emerging knowledge of word meanings.

Demonstrate understanding of words used in every day routines.

Identify new meanings for familiar words and apply them accurately (e.g., knowing duck is a bird and learning the verb to duck).

A.ELA.1.38

Explore word relationships and nuances in word meanings.

Sort common objects into categories (e.g., shapes or foods) to gain a sense of the concepts the categories represent.

Demonstrate understanding of frequently occurring verbs and objectives by relating them to their opposites (antonyms) (e.g., run/walk, sit/stand, short/tall, small/big).

Distinguish shades of meaning among verbs describe the same general action (e.g., walk, march, strut, and prance) by defining or choosing them or acting out the meaning.

A.ELA.1.39

Use words and phrases acquired through conversations, being read to, and during shared reading activities.

Alternate Academic Achievement Standards for English Language Arts – Grade 2 The West Virginia Alternate Academic Achievement Standards for English Language Arts are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning process.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from first grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in second grade.

Read stories and poems aloud with sufficient fluency to support comprehension.

Use phonics (matching letters and sounds) and word analysis skills to figure out unfamiliar words when reading and writing.

Be able to hear and orally reproduce sounds used to make words.

Understand the basic features of print.

Get facts and information from different writings.

Write about topics, supplying some facts and providing some sense of opening and closing.

Take part in conversations about topics and texts being studied by responding to the comments of others and asking questions to clear up any confusion.

Produce and expand complete simple and compound statements, questions, commands, and exclamations.

Identify the correct meaning for a word with multiple meanings, based on the sentence or paragraph in which the word is used (e.g., deciding whether the word bat means a flying mammal or a club used in baseball).

Learn to think about finer distinctions in the meanings of near-synonyms (e.g., marching, prancing, strutting, strolling, and walking).

Grades 2-3 Specifications In grades 2-3, students should be exposed to complex texts appropriate for addressing the expectations of the alternate academic achievement standards for second grade. By the end of the programmatic level (grade 3) and over the course of the entire instructional day, the distribution of text types should include 50% literary a 50% informational, and writing types should be 30% argumentative, 35% informative, and 35% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found with the ELA domains:

A.ELA.2.I

Engage in shared reading of increasingly complex texts with purpose and understanding.

Phonics and Word Recognitions A.ELA.2.II Demonstrate basic knowledge of one-to-one letter-sound correspondence by producing the primary sounds for most consonants.

Identify letter-sound associations at the beginning of words.

A.ELA.2.III

Print, trace, or use assistive technology to produce letters.

A.ELA.2.IV

Demonstrate understanding of spoken words and sounds (phonemes).

Recognize and produce rhyming words.

Isolate and produce the initial, medial vowel, and final sounds (phonemes) in three-phoneme words (i.e., consonant-vowel-consonant, CVC). This does not include CVCs ending with /l/, /r/, or /x/.

Add or substitute individual sounds (phonemes) in simple, one-syllable words to make new words.

A.ELA.2.V

Identify and/or name most letters of the alphabet.

Recognize the distinguishing features of a sentence (e.g., first word, capitalization, and ending punctuation).

Reading Domain A.ELA.2.1 A.ELA.2.2 Retell familiar stories, including key details in literary texts.

A.ELA.2.3

Identify characters, settings, and/or major events in a familiar literary text.

A.ELA.2.4

Ask and/or answer questions about key details in familiar informational text.

A.ELA.2.5

Identify the main topic and retell key details in familiar informational text.

A.ELA.2.6

Identify the individuals, events, or pieces of information in a familiar information text.

A.ELA.2.7

Answer questions about unknown words in a familiar literary text.

A.ELA.2.8

Recognize common types of texts (e.g., storybooks or poems).

A.ELA.2.9

Explore how the author and illustrator contribute to the story in a familiar literary text.

A.ELA.2.10

Answer questions about unknown words in a familiar informational text.

A.ELA.2.11

Explore the front cover, back cover, and/or title page of a book.

A.ELA.2.12

Explore how the author and illustrator contribute to the presentation of ideas or information in a familiar informational text.

A.ELA.2.13

Explore the relationship between illustrations and the literary story in which they appear (e.g., what moment in a story an illustration depicts).

A.ELA.2.14

Explore the relationships between illustrations and the informational text in which they appear (e.g., what person, place, thing, or idea in the text an illustration depicts).

A.ELA.2.15

A.ELA.2.16

Activity engage in group reading activities of appropriately challenging literary texts with purpose and understanding.

A.ELA.2.17

Actively engage in group reading activities of approximately challenging informational texts, including social studies, science, and technical texts, with purpose and understanding.

A.ELA.2.18

Use drawing, dictating, and/or writing to state an opinion or preference on a familiar topic or text and supply a reason to support the opinion.

A.ELA.2.19

Use drawing, dictating, and/or writing to compose informational/explanatory texts; name and supply some information about the topic.

A.ELA.2.20

Use drawing, dictating, and/or writing to narrate a single event or several loosely linked events.

A.ELA.2.21

A.ELA.2.22

Add details to strengthen writing as needed incorporating guidance and support from adults and collaborative discussions.

A.ELA.2.23

Explore a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.2.24

Participate in shared research and writing (e.g., explore a number of books by a favorite author and express opinions about them).

A.ELA.2.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.2.26

(Begins in grade 4.)

A.ELA.2.27

A.ELA.2.28

Participate in collaborative conversations with diverse partners about grade 2 topics and appropriately complex texts with peers and adults in small and large groups.

Follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under (discussion).

Combine a conversation through multiple exchanges.

A.ELA.2.29

Confirm understanding of a text read aloud or information presented orally or through other media by answering questions about key details and requesting clarification if something is not understood.

A.ELA.2.30

Ask and answer questions about what a speaker says in order to gather additional information or clarify something that is not understood.

A.ELA.2.31

Describe familiar people, places, things, and events.

A.ELA.2.32

Add drawings or other visual displays to descriptions as desired to provide additional details.

A.ELA.2.33

Speak audibly to express thoughts, feelings, and ideas by using words and/or phrases when appropriate to task and situation.

A.ELA.2.34

Demonstrate understanding of conventions of Standard English grammar and usage when writing or speaking.

Use frequently occurring nouns and verbs.

Understand and use question words (interrogatives) (e.g., who, what, where, when, why, and how).

Use the most frequently occurring prepositions (e.g., to, from, in, out, off, for, of, by, and with).

Link two or more words together in communications.

A.ELA.2.35

Demonstrate emerging understanding of conventions of Standard English capitalization, spelling, and punctuation during shared writing activities.

Locate the first letter in a sentence.

Indicate the need to put a period at the end of a sentence.

Consult print in the environment to support spelling.

A.ELA.2.36

Use knowledge of language and its conventions with writing, speaking, reading, or listening.

Explore formal and informal uses of English.

A.ELA.2.37

Demonstrate emerging knowledge of word meanings.

Demonstrate knowledge of new vocabulary drawn from reading and content areas.

Introduce the words comprising compound words.

A.ELA.2.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Sort words into categories (e.g., colors and clothing) to gain a sense of the concepts the categories represent.

Identify real-life connections between words and their use (e.g., note places at home that are cozy).

Distinguish shades of meaning among verbs differing in manner (e.g., look, peek, glance, stare, glare, and scowl) and adjectives differing in intensity (e.g., large and gigantic) by defining or choosing them or by acting out the meanings.

A.ELA.2.39

Use words and phrases acquired through conversations, being read to, and during shared reading activities.

Alternate Academic Achievement Standards for English Language Arts – Grade 3 The West Virginia Alternate Academic Achievement Standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from second grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in third grade:

Read stories and poems aloud with sufficient fluency to support comprehension.

Use phonics (matching letters and sounds) and word analysis skills to figure out unfamiliar words when reading and writing.

Be able to hear and orally reproduce sounds used to make words.

Understand the basic features of print.

Get facts and information from different writing.

Write about a topic, supplying some facts and providing some sense of opening and closing.

Take part in conversations about topics and texts being studied by responding to the comments of others and asking questions to clear up any confusion.

Produce and expand complete simple and compound statements, questions, commands and exclamations.

Identify the correct meaning for a word with multiple meanings, based on the sentence or paragraph in which the word is used (e.g., deciding whether the word bat means a flying mammal or a club used in baseball).

Grades 2-3 Specifications In grades 2-3, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations for the Alternate Academic Achievement Standards for third grade. By the end of the programmatic level (grade 3) and over the course of the entire instructional day, the distribution of text types should include 50% literary and 50% informational, and writing types should be 30% argumentative, 35% informative, and 35% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.3.I

Engage in shared reading of increasingly complex texts with purpose and understanding.

A.ELA.3.II

Demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary or many of the most frequent sounds for each consonant.

Identify letter-sound association at the beginning of words.

Read common high-frequency words by sight (e.g., the, of, to, you, she, my, is, are, do, or does).

A.ELA.3.III

Print, trace, or use assistive technology to produce upper- and lowercase letters using proper letter formation and directionality.

A.ELA.3.IV

Demonstrate understanding of spoken words, syllables, and sounds (phonemes).

Blend onsets and rhymes of single-syllable spoken words.

Distinguish long from short vowel sounds in spoken single-syllable words.

Isolate and pronounce initial, medial vowel, and final sounds (phonemes) in spoken single-syllable words.

A.ELA.3.V

Identify and/or name most letters of the alphabet.

Recognize the distinguishing features of a sentence (e.g., first word, capitalization, and ending punctuation.)

A.ELA.3.1

A.ELA.3.2

Retell familiar stories, including fables, folktales, and myths from diverse cultures, using key details in literary texts.

A.ELA.3.3

Identify characters, settings, and/or major events in a literary text.

A.ELA.3.4

A.ELA.3.5

Identify the main topic and retell key details in familiar informational text.

A.ELA.3.6

Identify the individuals, events, or pieces of information in a familiar information text.

A.ELA.3.7

Ask and/or answer questions about unknown words in a familiar literary text, and identify words or phrases in familiar stories or poems that suggest feelings or appeal to the senses.

A.ELA.3.8

Recognize common types of text (e.g., storybooks or poems).

A.ELA.3.9

Identify/name the author and the illustrator of a story in a familiar literary text and define the role of each in telling the story.

A.ELA.3.10

Ask and/or answer questions about unknown words and/or phrases in a familiar informational text.

A.ELA.3.11

Identify the front cover, back cover, and title page of a book.

A.ELA.3.12

Identify/name the author and the illustrator of a story in a familiar informational text; define the role of each in presenting the ideas or information in an informational text.

A.ELA.3.13

Describe the relationship between illustrations and the literary story in which they appear (e.g., what moment in a story an illustration depicts).

A.ELA.3.14

Describe the relationship between illustrations and the informational text in which they appear (e.g., what person, place, things, or ideas in the text an illustration depicts).

A.ELA.3.15

Identify the reasons an author gives to support points in a literary or informational text.

A.ELA.3.16

Actively engage in group reading activities of appropriately challenging literary texts with purpose and understanding.

A.ELA.3.17

Actively engage in group reading activities of appropriate challenging informational texts, including social studies, science, and technical texts, with purpose and understanding.

A.ELA.3.18

Use drawing, dictating, and/or writing to state an opinion or preference on a familiar topic or text and supply a reason to support the opinion.

A.ELA.3.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts to convey ideas.

A.ELA.3.20

Use drawing, dictating, and/or writing to narrate a single event or several loosely linked events; provide a reaction to what happened.

A.ELA.3.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.3.22

Add details to strengthen writing as needed incorporating guidance and support from adults and collaborative discussions.

A.ELA.3.23

Explore a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.3.24

Participate in shared research and writing (e.g., explore a number of books by a favorite author and express opinions about them).

A.ELA.3.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.3.26

(Begins in grade 4.)

A.ELA.3.27

Write routinely for a range of discipline-specific tasks, purpose and audiences.

A.ELA.3.28

Participate in collaborative conversations with diverse partners about grade 3 topics and appropriate complex texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under discussion).

Continue a conversation through multiple exchanges.

A.ELA.3.29

Confirm understanding of a text read aloud or information presented orally or through other media by answering questions about key details and requesting clarification if something is not understood.

A.ELA.3.30

Ask and answer questions about what a speaker says in order to gather additional information or clarify something that is not understood.

A.ELA.3.31

Describe familiar people, places, things, and events and provide additional details.

A.ELA.3.32

Add drawings or other visual displays to descriptions as desired to provide additional details.

A.ELA.3.33

Speak audibly to express thoughts, feelings, and ideas by using words and/or phrases when appropriate to task and situations.

A.ELA.3.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use singular and plural nouns with matching verbs in basic sentences (e.g., he hops; we hop).

Use personal, possessive and indefinite pronouns (e.g., I, me, and my; they, them, and their; anyone and everything).

Use frequently occurring adjectives.

Use the most frequently occurring prepositions (e.g., to, from, in, out, on, off, for, of, by, and with).

Produce complete sentences in shared language activities.

A.ELA.3.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation during shared writing activities.

Indicate the need to capitalize the first word in a sentence.

Indicate the need to add a period at the end of a sentence.

Use resources as needed to spell common high-frequency words.

Consult print in the environment to support spelling.

A.ELA.3.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Explore formal and informal uses of English.

A.ELA.3.37

Demonstrate knowledge of word meanings.

Demonstrate knowledge of new vocabulary drawn from reading and content areas.

Introduce the words comprising compound words.

A.ELA.3.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Sort words into categories (e.g., colors and clothing) to gain a sense of the concepts the categories represent.

Define words by category and by one or more key attributes (e.g., a duck is a bird that swims; a tiger is a large cat with stripes).

Distinguish shades of meaning among verbs differing in manner (e.g., look, peek, glance, stare, glare, and scowl) and adjectives differing in intensity (e.g., large and gigantic) by defining or choosing them or by acting out the meanings.

A.ELA.3.39

Use words and phrases acquired through conversations, reading, being read to, and responding to texts.

Alternate Academic Achievement Standards for English Language Arts – Grade 4 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from third grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in fourth grade:

Read stories and poems aloud with sufficient fluency to support comprehension.

Use phonics (matching letters and sounds) and word analysis skills to figure out unfamiliar words when reading and writing.

Be able to hear and orally reproduce sounds used to make words.

Understand the basic features of print.

Get facts and information from different writing.

Write about a topic, supplying some facts and providing some sense of opening and closing.

Take part in conversations about topics and texts being studied by responding to the comments of others and asking questions to clear up any confusion.

Produce and expand complete simple and compound statements, questions, commands and exclamations.

Identify the correct meaning for a word with multiple meanings, based on the sentence or paragraph in which the word is used (e.g., deciding whether the word bat means a flying mammal or a club used in baseball).

Grade 4-5 Specifications In grades 4-5, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for fourth grade. By the end of the programmatic level (grade 5) and over the course of the entire instructional day, the distribution of text types should include 50% literary and 50% informational, and writing types should be 30% argumentative, 35% informative, and 35% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.4.I

Participate in supported reading of increasingly complex texts with purpose and understanding to support comprehension.

A.ELA.4.II

Know and apply appropriate phonics and word analysis skills in decoding words.

Demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary or many of the most frequent sounds for each consonant.

Identify letter-sound association at the beginning of words.

Associate common spellings (graphemes) with the five major short vowel sounds.

Read common high-frequency words by sight (e.g., the, of, to, you, she, my, is ,are, do, or does).

A.ELA.4.III

Print, trace, or use assistive technology to produce all upper- and lowercase letters using proper letter formation and directionality.

A.ELA.4.IV

Demonstrate understanding of spoken words, syllables, and sounds (phonemes).

Distinguish long from short vowel sounds in spoken single-syllable words.

Orally produce single-syllable words by blending sounds (phonemes), including consonant blends.

Isolate and pronounce initial, medial vowel, and final sounds (phonemes) in spoken single-syllable words.

Segment spoken single-syllable words into their complete sequence of individual sounds (phonemes).

A.ELA.4.V

Identify and/or name all letters of the alphabet.

Recognize the distinguishing features of a sentence (e.g., first word, capitalization, and ending punctuation).

A.ELA.4.1

A.ELA.4.2

Retell familiar stories using key details in literary texts.

A.ELA.4.3

Identify characters, settings, and/or major events in a literary text.

A.ELA.4.4

A.ELA.4.5

Identify the main topic and retell key details of a familiar informational text.

A.ELA.4.6

Identify the individuals, evets, or pieces of information in an informational text.

A.ELA.4.7

Identify words or phrases in familiar stories or poems that suggest feelings or appeal to the senses.

A.ELA.4.8

Describe the overall structure of a story including describing how the beginning introduces the story and the ending concludes the action in a familiar literary text.

A.ELA.4.9

Identify/name the author and the illustrator of a story in a familiar literary text, define the role of each in telling the story.

A.ELA.4.10

Ask and/or answer questions about unknown words and/or phrases in a familiar informational text.

A.ELA.4.11

Explore various informational text features (e.g., headings, tables of contents, glossaries, electronic menus, and/or icons).

A.ELA.4.12

Identify/name the author and the illustrator of a story in a familiar informational text; define the role of each in presenting the ideas or information in an informational text.

A.ELA.4.13

Use illustrations and/or details in a story to describe its characters, setting, or events in familiar literary texts.

A.ELA.4.14

Use the illustrations and/or details in a text to describe its key ideas in familiar informational texts.

A.ELA.4.15

Identify the reasons an author gives to support points in an informational text.

A.ELA.4.16

Activity engage in group reading activities of appropriately challenging literary texts with purpose and understanding.

A.ELA.4.17

Actively engage in group reading activities of appropriately challenging informational texts, including social studies, science, and technical texts, with purpose and understanding.

Text types and Purposes A.ELA.4.18 Use drawings, dictating, and/or writing to state an opinion or preference on a familiar topic or text and supply a reason to support the opinion.

A.ELA.4.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts to convey ideas.

A.ELA.4.20

Use drawing, dictating, and/or writing to narrate a single event or several loosely linked events and provide a reaction to what happened.

A.ELA.4.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.4.22

Add details to strengthen writing as needed incorporating guidance and support from adults and collaborative discussions.

A.ELA.4.23

Explore a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.4.24

Participate in shared research and writing (e.g., explore a number of “how-to” books on a given topic and use them to write a sequence of instructions).

A.ELA.4.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.4.26

Apply grade 4 reading standards to literature (e.g., “identify-characters, settings, and/or major events in a familiar literary text”).

Apply grade 4 reading standards to informational texts (e.g., “identify the main topic and retell key details of a familiar informational text”).

A.ELA.4.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.4.28

Participate in collaborative conversations with diverse partners about grade 4 topics and appropriately complex texts with peers and adults in small and large groups.

Follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under discussion).

Continue a conversation through multiple exchanges.

A.ELA.4.29

Ask and/or answer questions about key details in a text read aloud or information presented orally or through other media.

A.ELA.4.30

Ask and/or answer questions about what a speaker says in order to gather additional information or clarify something that is not understood.

A.ELA.4.31

Describe familiar people, places, things, and events, and provide additional details.

A.ELA.4.32

Add multimedia components (e.g., graphics, images, music, and/or sound) to descriptions when appropriate to clarify ideas, thoughts, and feelings.

A.ELA.4.33

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

A.ELA.4.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use singular and plural nouns with matching verbs in basic sentences (e.g., he hops; we hop).

Use personal, possessive and indefinite pronouns (e.g., I, me, and my; they, them, and their; anyone and everything).

Use frequently occurring adjectives.

Use frequently occurring prepositions (e.g., during, beyond, or toward).

Produce complete sentences in shared language activities.

A.ELA.4.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Add a period at the end of a sentence.

Spell words phonetically, drawing on knowledge of letter-sound relationship, and/or common spelling patterns or by consulting references as needed.

A.ELA.4.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Explore formal and informal uses of English.

A.ELA.4.37

Determine the meaning of unknown words using a variety of resources.

Demonstrate knowledge of new vocabulary drawn from reading and content areas.

Introduce the words comprising compound words.

A.ELA.4.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Identify real-life connections between words and their use (e.g., describe foods that are spicy or juicy).

Distinguish shades of meaning among closely related verbs (e.g., toss, throw, and hurl) and closely related adjectives (e.g., thin, slender, skinny, and scrawny).

A.ELA.4.39

Use words and phrases acquired through conversations, reading, being read to, and responding to texts.

Alternate Academic Achievement Standards for English Language Arts – Grade 5 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from fourth grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in fifth grade:

Read stories and poems aloud with sufficient fluency to support comprehension.

Use phonics (matching letters and sounds) and word analysis skills to figure out unfamiliar words when reading and writing.

Be able to hear and orally reproduce sounds used to make words.

Understand the basic features of print.

Get facts and information from different writings.

Write about a topic, supplying some facts and providing some sense of opening and closing.

Take part in conversations about topics and texts being studied by responding to the comments of others and asking questions to clear up any confusion.

Produce and expand complete simple and compound statements, questions, commands, and exclamations.

Identify the correct meaning of a word with multiple meanings, based on the sentence or paragraph in which the word is used (e.g., deciding whether the word bat means a flying mammal or a club used in baseball).

Grade 4-5 Specifications In grades 4-5, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for fifth grade. By the end of the programmatic level (grade 5) and over the course of the entire instructional day, the distribution of text types should include 50% literary and 50% informational, and writing types should be 30% argumentative, 35% informative, and 35% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.5.I

Participate in supported reading and increasingly complex texts with purpose and understanding to support comprehension.

A.ELA.5.II

Demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary or many of the most frequent sounds for each consonant.

Identify letter-sound association at the beginning of words.

Associate common spellings (graphemes) with the five major short vowel sounds.

Read common high-frequency words by sight (e.g., the, of, to, you, she, my, is, are, do or does).

Distinguish between similarly spelled words by identifying the sounds of the letters that differ.

A.ELA.5.III

Print, trace, or use assistive technology to produce all upper- and lowercase letters using proper letter formation and directionality.

A.ELA.5.IV

Demonstrate understanding of spoken words, syllables, and sounds phonemes).

Distinguish long from short vowel sounds in spoken single-syllable words.

Orally produce single-syllable words by blending sounds (phonemes), including consonant blends.

Isolate and pronounce initial, medial vowel, and find sounds (phonemes) in spoken single-syllable words.

Segment spoken single-syllable words into their complete sequences of individual sounds (phonemes).

A.ELA.5.V

Identify and/or name all letters of the alphabet.

Recognize the distinguishing features of a sentence (e.g., first word, capitalization, and ending punctuation).

A.ELA.5.1

A.ELA.5.2

Retell familiar stories using key details in literary texts.

A.ELA.5.3

Identify characters, settings, and/or major events in a literary text.

A.ELA.5.4

A.ELA.5.5

Identify the main topic of a familiar informational text and retell key details.

A.ELA.5.6

Identify the individuals, events, or pieces of information in a familiar informational text.

A.ELA.5.7

Identify words or phrase in familiar stories or poems that suggest feelings or appeal to the senses.

A.ELA.5.8

Describe the overall structure of a story including how the beginning introduces the story and the ending concludes the action in a familiar literary text.

A.ELA.5.9

Identify/name the author and the illustrator of a story in a familiar literary text; define the role of each in telling the story.

A.ELA.5.10

Determine the meaning of general academic words and/or phrase in a familiar informational text.

A.ELA.5.11

Locate various informational text features (e.g., headings, tables of contents, glossaries, electronic menus, and/or icons).

A.ELA.5.12

Identify/name the author and the illustrator of a story in a familiar informational text; define the role of each in presenting the ideas or information in an informational text.

Integration of knowledge and Ideas A.ELA.5.13 Use visual and/or multimedia elements in a story to describe its characters, setting, or events in literary texts.

A.ELA.5.14

Use the illustrations and/or detail in a text to describe its key ideas in informational texts.

A.ELA.5.15

Identify the reasons an author gives to support points in an informational text.

A.ELA.5.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.5.17

Read and demonstrate understanding of appropriately challenging informational texts, including social studies, science, and technical texts, while engaging an individual or group readings.

A.ELA.5.18

Use drawing, dictating, and/or writing to compose opinion pieces by stating an opinion or preference on a familiar topic or text and supplying a reason to support the opinion.

A.ELA.5.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts to convey ideas.

A.ELA.5.20

Use drawing, dictating, and/or writing to narrate a well-elaborated event or short sequence of events, including details to describe actions, thoughts, or feelings.

A.ELA.5.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.5.22

Add details to strengthen writing as needed incorporating guidance and support from adults and collaborative discussions.

A.ELA.5.23

Explore a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.5.24

Participate in shared research and writing (e.g., explore a number of “how-to” books on a given topic and use them to write a sequence of instructions).

A.ELA.5.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.5.26

Apply grade 5 standards to literature (e.g., “identify characters, settings, and/or major events in a literary text”).

Apply grade 5 standards to informational texts (e.g., “identify the main topic of a familiar informational text and retell key details”).

A.ELA.5.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.5.28

Participate in collaborative conversations with diverse partners about grade 5 topics and appropriately complex texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under discussion).

Continue a conversation through multiple exchanges.

A.ELA.5.29

Ask and/or answer questions about key details in a text read aloud or information presented orally or through other media.

A.ELA.5.30

Ask and/or answer questions about what a speaker says in order to gather additional information or clarify something that is not understood.

A.ELA.5.31

Tell a story or recount an experience with appropriate facts and relevant, descriptive details.

A.ELA.5.32

Add multimedia components (e.g. graphics, images, music, and/or sound) to descriptions when appropriate to clarify ideas, thoughts, and feelings.

A.ELA.5.33

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

A.ELA.5.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use singular and plural nouns with matching verbs in basic sentences (e.g., he hops; we hop).

Use personal, possessive and indefinite pronouns (e.g., I, me, and my; they, them, and their; anyone and everything).

Use frequently occurring adjectives Use frequently occurring prepositions (e.g., during, beyond, or toward).

Produce complete sentences in shared language activities.

A.ELA.5.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Add a period at the end of a sentence.

Spell untaught words phonetically, drawing on letter-sound relationships and common spelling patterns or by consulting references as needed.

A.ELA.5.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Compare formal and informal uses of English.

Vocabulary Acquisitions and Use A.ELA.5.37 Determine the meaning of unknown words using a variety of resources.

Demonstrate knowledge of new vocabulary drawn from reading and content areas.

Introduce the words comprising compound words.

Use frequently occurring root words (e.g., talk) and the words that result when word endings are added (e.g., talked, talking, talks).

A.ELA.5.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Use simple, common idioms (e.g., no way, not a chance, you bet).

Demonstrate understanding of words by relating them to words with similar but not identical meanings (synonyms).

Use words and phrase acquired through conversations, reading, being read to, and responding to texts; use adjectives and adverbs to describe (e.g., when other kids are happy, that makes me happy).

Alternate Academic Achievement Standards for English Language Arts – Grade 6 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from fifth grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domain in sixth grade:

Reading increasingly challenging texts with purpose and understanding.

Know final -e and common vowel team conventions for representing long vowel sounds.

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences.

Read closely to find main ideas and supporting details in a story.

Pay close attention to details, including illustrations and graphics, in stories and books to answer who, and what questions.

Use text features (e.g., captions, bold print, and indexes) to locate key fact or information efficiently.

Write about a topic, supplying some facts and providing some senses of opening and closing.

Write stories that include a short sequence of events and include a clear beginning, middle, and end.

Take part in conversations about topics and texts being studied by responding to the comments of others and asking questions to clear up any confusion.

Retell key information or ideas from media or books read aloud.

Write complete sentences with correct capitalization and spelling.

Relate words that are common in reading to words with similar meanings (synonyms) and to their opposite (antonyms).

Grades 6-8 Specifications In grades 6-8, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for sixth grade. By the end of the programmatic level (grade 8) and over the course of the entire instructional day, the distribution of text types should shift to 45% literary and 55% informational, and writing types should shift to 35% argumentative, 35% informative, and 30% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.6.I

Read increasingly challenging texts with purpose and understanding.

A.ELA.6.II

Know final -e and common vowel team conventions for representing long vowel sounds.

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences.

A.ELA.6.III

A.ELA.6.IV

A.ELA.6.V

A.ELA.6.1

Ask and/or answer questions about key ideas; such as who or what, to demonstrate understanding of key details in literary text.

A.ELA.6.2

Retell stories using key details from the text; determine the lesson or moral of the story.

A.ELA.6.3

Describe characters in a literacy text (e.g., their traits, motivations, or feelings).

A.ELA.6.4

Ask and answer questions about key ideas; such as who and what to demonstrate understanding of key details in informational texts.

A.ELA.6.5

Demonstrate an understanding of the main idea of an informational text; recount the key details.

A.ELA.6.6

Describe the individuals, events, or pieces of information in an informational text.

A.ELA.6.7

Identify words or phrases in literary text that suggest meaning and tone.

A.ELA.6.8

Describe the overall structure of a story including how the beginning introduces the story and the ending concludes the action in a familiar literary text.

A.ELA.6.9

Identify who is telling the story at various points in a literary text.

A.ELA.6.10

Determine the meaning of general academic words and phrases in an informational text.

A.ELA.6.11

Know and use various text features (e.g., headings, tables of contents, glossaries, electronic menus, and/or icons) to locate key facts or information in an informational text.

A.ELA.6.12

Identify the main purpose of informational texts, including what the author wants to answer, explain, or describe.

A.ELA.6.13

Identify similarities or differences between a literary text and visual elements or multimedia presentations of the literary text.

A.ELA.6.14

Use the illustrations and/or details in a text to describe its key ideas in informational texts.

A.ELA.6.15

Identify the author’s claims and supporting evidence in an informational text.

A.ELA.6.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.6.17

Read and demonstrate understanding of appropriately challenging informational texts, including social studies, science, and technical texts, while engaged in individual or group readings.

A.ELA.6.18

Use drawing, dictating, and/or writing to compose an opinion piece with relevant evidence.

A.ELA.6.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts to convey ideas.

A.ELA.6.20

Use drawing, dictating, and/or writing to compose a narrative of a short sequence of events including transition words.

A.ELA.6.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.6.22

Revise and edit to strengthen writing as needed.

A.ELA.6.23

Working individually or in a collaborative group, use a variety of digital tools to produce and publish writing.

A.ELA.6.24

Conduct a short research project to answer a question.

A.ELA.6.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.6.26

Draw evidence from literary and informational texts to support writing.

Apply grade 6 reading standards to literary texts (e.g., “retell stories using key details from the text; determine the lesson or moral of the story”).

Apply grade 6 reading standards to informational texts (e.g., “identify the main topic of a multiple-paragraph informational text and retell key details”).

A.ELA.6.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.6.28

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on a variety of grade 6 topics and issues and appropriately challenging texts.

Follow agreed-upon rules for discussion (e.g., listening to others with care and speaking one at a time about the topics and text under discussion).

Ask questions to clear up any confusion about the topics and texts under discussion.

A.ELA.6.29

Retell or describe key ideas or details presented in diverse media and formats (e.g., visually, read aloud, orally).

A.ELA.6.30

Ask and/or answer questions about what a speaker says in order to clarify comprehension, gather additional information, or deepen understanding of a topic or issue.

A.ELA.6.31

Tell a story or recount an experience with appropriate facts and relevant, descriptive details, using eye contact, adequate volume, and clear pronunciation.

A.ELA.6.32

Include multimedia components (e.g., graphics, images, music, and/or sound) and visual displays in presentations to clarify information.

A.ELA.6.33

Speak in complete sentences when appropriate to task and situation in order to provide requested details or clarification.

A.ELA.6.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use collective nouns (e.g., group).

Form and use frequently occurring irregular plural nouns (e.g., feet, children, teeth, mice, and fish).

Form and use the past tense of frequently occurring irregular verbs (e.g., sat, hid, or told).

Use frequently occurring adjectives and adverbs.

Produce and expand complete simple declarative, interrogative, imperative, and exclamatory sentences in response to prompts.

A.ELA.6.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Use appropriate ending punctuation in simple declarative, interrogative, imperative, and exclamatory sentences.

Spell untaught word phonetically, drawing on letter-sound relationships and common spelling patterns or by consulting references as needed.

A.ELA.6.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases for effect.

Recognize and observe differences between the conventions of spoken and written Standard English.

A.ELA.6.37

Determine or clarify the meaning of unknown words choosing flexibly from various strategies.

Use context clues to determine the meaning of an unfamiliar word or phrase.

Use frequently occurring root words (e.g., like) and the words that result when affixes are added (e.g., liked, disliked, liking).

Seek clarification and meaning support when unfamiliar words are encountered while reading or communicating.

A.ELA.6.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Identify the meaning of simple similes (e.g., The man was as big as a tree.).

Demonstrate understanding of words by identifying other words with similar and different meanings.

A.ELA.6.39

Acquire and accurately use general academic and domain-specific words and phrases.

Alternate Academic Achievement Standards for English Language Arts – Grade 7 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from sixth grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in seventh grade:

Read increasingly challenging texts with purpose and understanding.

Know final -e and common vowel team conventions for representing long vowel sounds.

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences.

Read closely to find main ideas and supporting details in a story.

Pay close attention to details, including illustrations and graphics, in stories and books to answer who, and what questions.

Integrating information from several print and digital sources to answer questions and solve problems.

Write about a topic, supplying some facts and providing some sense of opening and close.

Write stories that include a short sequence of events and include a clear beginning, middle, and end.

Take part in conversation about topics and texts being studied by responding to the comments of others and asking questions to clear up any confusion.

Retell key information or ideas from media or books read aloud.

Write a variety of sentence types with correct capitalization, punctuation, and spelling.

Relate words that are common in reading to words with similar meaning (synonyms) and to their opposite (antonyms).

Grades 6-8 Specifications In grades 6-8, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for seventh grade. By the end of the programmatic level (grade 8) and over the course of the entire instructional day, the distribution of text types should shift to 45% literary and 55% informational, and writing types should shift to 35% argumentative, 35% informative, and 30% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.7.I

Read appropriately challenging texts with purpose and understanding.

A.ELA.7.II

Know final -e and common vowel team conventions for representing long vowel sounds.

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences for additional common vowel teams.

A.ELA.7.III

A.ELA.7.IV

A.ELA.7.V

A.ELA.7.1

Ask and/or answer questions about key ideas; such as who and what, to demonstrate understanding of key details in literary text.

A.ELA.7.2

Determine the central message, lesson, or moral of a literary text and explain how it is conveyed through key details in the literary text.

A.ELA.7.3

Describe characters in a literary text (e.g., their traits, motivations, or feelings).

A.ELA.7.4

Ask and answer questions about key ideas; such as who and what to demonstrate understanding of key details in informational texts.

A.ELA.7.5

Determine the main idea of an informational text; recount the key details and explain how they support the main idea.

A.ELA.7.6

Describe the individuals, events, or pieces of information in an informational text.

A.ELA.7.7

Identify words or phrases in literary text that suggest meaning and tone.

A.ELA.7.8

Describe the overall structure of a story including the introduction, body, and conclusion in a literary text.

A.ELA.7.9

Identify who is telling the story at various points in a literary text.

A.ELA.7.10

Determine the meaning of general academic and domain-specific words and phrases in an informational text.

A.ELA.7.11

Describe the overall structure (e.g., chronology, comparison, cause/effect, or problem/solving) of events, ideas, concepts, or information in all or part of an informational text.

A.ELA.7.12

Identify the main purpose of informational text, including what the author wants to answer, explain, or describe.

A.ELA.7.13

Identify similarities and/or differences between a literary text and visual elements or multimedia presentations of the literary text.

A.ELA.7.14

Use the illustrations and/or details in an informational text to describe its key ideas.

A.ELA.7.15

Identify the author’s claims and supporting evidence in an informational text.

A.ELA.7.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.7.17

Read and demonstrate understanding of appropriately challenging informational texts, including social studies, science, and technical texts, while engaging in individual or group readings.

A.ELA.7.18

Use drawing, dictating, and/or writing to compose an opinion piece with relevant evidence.

A.ELA.7.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts to convey ideas.

A.ELA.7.20

Use drawing, dictating, and/or writing to compose a narrative of a short sequence of events including transition words.

A.ELA.7.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.7.22

Revise and edit to strengthen writing.

A.ELA.7.23

Working individually or in a collaborative group, use a variety of digital tools to produce and publish writing.

A.ELA.7.24

Conduct a short research project to answer a question.

A.ELA.7.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.7.26

Draw evidence from literary and informational texts to support writing.

Apply grade 7 reading standards to literary texts (e.g., “determine the central message, lesson, or moral of a literary text and explain how it is conveyed through key details in the literary text”).

Apply grade 7 reading standards to informational text (e.g., “describe the individuals, events, or pieces of information in an informational text”).

A.ELA.7.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.7.28

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on a variety of grade 7 topics and issues and appropriately challenging texts.

Follow agreed-upon rules for discussions (e.g., listening to others with care and speaking one at a time about the topics and text under discussion).

Ask questions to clear up any confusion about the topics and texts under discussion.

A.ELA.7.29

Retell or describe key ideas or details presented in diverse media and formats (e.g., visually, read aloud, orally).

A.ELA.7.30

Ask and answer questions about what a speaker says in order to clarify comprehension, gather additional information, or deepen understanding of a topic or issue.

A.ELA.7.31

Tell a story or recount an experience with appropriate facts and relevant, descriptive details, using eye contact, adequate volume, and clear pronunciation.

A.ELA.7.32

Include multimedia components (e.g., graphics, images, music, and/or sound) and visual displays in presentations to clarify information.

A.ELA.7.33

Speak in complete sentences when appropriate to task and situation in order to provide requests details or clarification.

A.ELA.7.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use collective nouns (e.g., group).

Form and use frequently occurring irregular plural nouns (e.g., feet, children, teeth, mice, and fish).

Form and use the past tense of frequently occurring irregular verbs (e.g., sat, hid, or told).

Use frequently occurring adjectives and adverbs.

Produce and expand complete simple declarative, interrogative, imperative, and exclamatory sentences in response to prompts.

A.ELA.7.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Use appropriate ending punctuation in simple declarative, interrogative, imperative, and exclamatory sentences.

Spell untaught word phonetically, drawing or letter-sound relationships and common spelling patterns or by consulting references as needed.

A.ELA.7.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases for effect.

Recognize and observe differences between the conventions of spoken and written Standard English.

A.ELA.7.37

Determine or clarify the meaning of unknown words choosing flexibly from various strategies.

Use context clues to determine the meaning of an unfamiliar word or phrase.

Use frequently occurring root words (e.g., like) and the words that result when affixes are added (e.g., liked, disliked, liking).

Seek clarification and meaning support when unfamiliar words are encountered while reading or communicating.

A.ELA.7.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Identify the literal and nonliteral meanings of words in context.

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

A.ELA.7.39

Acquire and accurately use conversational, general academic, and domain-specific words and phrases.

Alternate Academic Achievement Standards for English Language Arts – Grade 8 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from seventh grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in eighth grade:

Read increasingly challenging texts with purpose and understanding.

Know final -e and common vowel team conventions for representing long vowel sounds.

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences.

Read closely to find main ideas and supporting details in a story.

Pay close attention to details, including illustrations and graphics, in stories and books to answer who, and what questions.

Integrating information from several print and digital sources to answer questions and solve problems.

Write about a topic, supplying some facts and providing some sense of opening and closure.

Write stories that include a short sequence of events and include a clear beginning, middle, and end.

Take part in conversation about topics and texts being studied by responding to the comments of others and asking questions to clear up any confusion.

Retell key information or ideas from media or books read aloud.

Write a variety of sentence types with correct capitalization, punctuation, and spelling.

Relate words that are common in reading to words with similar meaning (synonyms) and to their opposite (antonyms).

Specifications In grades 6-8, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for seventh grade. By the end of the programmatic level (grade 8) and over the course of the entire instructional day, the distribution of text types should shift to 45% literary and 55% informational, and writing types should shift to 35% argumentative, 35% informative, and 30% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.8.I

Read appropriately challenging texts with purpose and understanding.

A.ELA.8.II

Know final -e and common vowel team conventions for representing long vowel sounds.

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences for additional common vowel teams.

A.ELA.8.III

A.ELA.8.IV

A.ELA.8.V

A.ELA.8.1

Ask and/or answer questions about key ideas; such as who, what, when, and where, to demonstrate understanding of key details in literary text.

A.ELA.8.2

Identify the central idea of a literary text and summarize key details.

A.ELA.8.3

Describe characters in a literary text (e.g., their traits, motivations, or feelings).

A.ELA.8.4

Ask and answer questions about key ideas; such as who, what, when, and where to demonstrate understanding of key details in informational texts.

A.ELA.8.5

Identify the central idea of an informational text and summarize key details.

A.ELA.8.6

Describe individuals, events, or pieces of information in an informational text.

A.ELA.8.7

Determine the meaning of words or phrases in literary text and their impact on meaning and tone.

A.ELA.8.8

Compare and contrast the structure of two literary texts.

A.ELA.8.9

Identify who is telling the story at various points in a literary text.

A.ELA.8.10

Identify words or phrases in informational text that suggest meaning and tone.

A.ELA.8.11

Describe the overall structure of a specific paragraph in an informational text.

A.ELA.8.12

Identify the main purpose of informational text, including what the author wants to answer, explain, or describe.

A.ELA.8.13

Identify similarities and differences between a literary text and visual elements or multimedia presentations of the literary text.

A.ELA.8.14

Use information gained from illustrations (e.g., maps or photographs) and/or the words in an informational text to demonstrate understanding of the text (e.g., where, when, why, and how key events occur).

A.ELA.8.15

Identify the author’s claims and supporting evidence in an informational text.

A.ELA.8.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.8.17

Read and demonstrate understanding of appropriately challenging informational texts, including social studies, science, and technical texts, while engaged in individual or group readings.

A.ELA.8.18

Use drawing, dictating, and/or writing to compose an opinion piece with relevant evidence.

A.ELA.8.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts to convey ideas.

A.ELA.8.20

Use drawing, dictating, and/or writing to compose a narrative of a short sequence of evidence including transition words.

A.ELA.8.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.8.22

Strengthen writing by planning, revising, editing, rewriting, or trying a new approach.

A.ELA.8.23

Use a variety of digital tools to produce and publish writing, including a collaboration with peers.

A.ELA.8.24

Conduct a short research project drawing on several sources to answer a question.

A.ELA.8.25

Recall information from experiences or gather information from provided sources to answer a question.

A.ELA.8.26

Apply grade 8 reading standards to literary texts (e.g., “identify the central ideas of a literary text and summarize key details”).

Apply grade 8 reading standards to informational texts (e.g., “ask and answer questions about key ideas; such as who, what, when, and where to demonstrate understanding of key details in informational texts.”).

A.ELA.8.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.8.28

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on a variety of grade 8 topics and issues and appropriately challenging texts.

Follow agreed-upon rules for discussions (e.g., listening to others with care and speaking one at a time about the topics and texts under discussion).

Ask questions to clear up any confusion about the topics and texts under discussion.

A.ELA.8.29

Retell or describe key ideas or details presented in diverse media and formats (e.g., visually, read aloud, orally).

A.ELA.8.30

Ask and answer questions about what a speaker says in order to clarify comprehension, gather additional information, or deepen understanding of a topic or issue.

A.ELA.8.31

Tell a story or recount an experience with appropriate facts and relevant, descriptive details, using eye contact, adequate volume, and clear pronunciation.

A.ELA.8.32

Include multimedia components (e.g., graphics, images, music, and/or sound) and visual displays in presentations to clarify information.

A.ELA.8.33

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

A.ELA.8.34

Demonstrate understanding of the conversation of Standard English grammar and usage when writing or speaking.

Use collective nouns (e.g., group).

Form and use frequently occurring irregular plural nouns (e.g., feet, children, teeth, mice, and fish).

Use reflexive pronouns (e.g., myself or ourselves).

Form and use the past tense of frequently occurring irregular verbs (e.g., sat, hid, or told).

Use frequently occurring adjectives and adverbs.

Use determiners (e.g., articles and demonstratives).

Produce and expand complete simple declarative, interrogative, imperative, and exclamatory sentences in response to prompts.

A.ELA.8.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Use appropriate end punctuation in simple declarative, interrogative, imperative, and exclamatory sentences.

Spell untaught words phonetically, drawing on knowledge of letter-sound relationships and/or common spelling patterns.

A.ELA.8.37

Determine or clarify the meaning of unknown words choosing flexibly from various strategies.

Use context clues to determine the meaning of an unfamiliar word or phrase.

Use frequently occurring root words (e.g., like) and the words that result when affixes are added (e.g., liked, disliked, liking).

Seek clarification and meaning support when unfamiliar words are encountered while reading or communication.

A.ELA.8.38

Demonstrate understanding or figurative language, word relationships, and nuances in word meanings.

Use knowledge of common words to understand the meaning of compound words in which they appear (e.g., birdhouse, household).

A.ELA.8.39

Acquire and accurately use conversational, general academic, and domain-specific words and phrases.

Alternate Academic Achievement Standards for English Language Arts – Grade 9 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from eighth grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in ninth grade:

Summarize the key details of stories, dramas, poems, and nonfiction materials, including their themes or main ideas.

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

Write brief reports and arguments that examine a topic and include relevant facts and details.

Conduct a short research project drawing on several sources to answer a question.

Write narratives with logical sequences of events.

Report on a topic or present an opinion with his or her own words, a logical sequence of ideas, sufficient facts and details, and formal English when appropriate.

Write a variety of sentence types with correct capitalization, punctuation, and spelling.

Determine or clarify the meaning of unfamiliar words using a variety of strategies.

Grades 9-10 Specifications In grades 9-10, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for ninth grade. By the end of the programmatic level (grade 12) and over the course of the entire instructional day, the distribution of text types should shift to 30% literary and 70% informational, and writing types should shift to 40% argumentative, 40% informative, and 20% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.9.I

A.ELA.9.II

A.ELA.9.III

A.ELA.9.IV

A.ELA.9.

A.ELA.9.1

Ask and/or answer questions about key ideas; such as who, what, when, and where, to demonstrate understanding of key details and literary text.

A.ELA.9.2

Summarize literary texts using key details from the text, determine the central idea of the story.

A.ELA.9.3

Describe characters in a literary story (e.g., their traits, motivations, or feelings) and draw on specific details in the literary text (e.g., character’s thoughts, words, or action).

A.ELA.9.4

Ask and answer questions about key ideas, such as who, what, when, and where to demonstrate understanding of key details in informational texts.

A.ELA.9.5

Demonstrate an understanding of the central idea of an informational text; summarize the key details.

A.ELA.9.6

Describe individuals, events, or pieces of information in an informational text and draw on specific details in informational text (e.g., sequence of events, individuals’ words or actions).

A.ELA.9.7

Determine the meaning of words or phrase in literary text and their impact on meaning and tone.

A.ELA.9.8

Identify how structure of a literary text creates mystery, tension, or surprise.

A.ELA.9.9

Identify who is telling the story at various points in a literary text and determine point of view.

A.ELA.9.10

Identify words or phrases in informational text that suggest meaning and tone.

A.ELA.9.11

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

A.ELA.9.12

Identify the main purpose of informational text, including what the author wants to answer, explain, or describe.

A.ELA.9.13

Identify similarities and differences between a literary text and visual elements or multimedia presentations of the literary text to demonstrate understanding of its characters, setting, or plot.

A.ELA.9.14

Use information gained from illustrations (e.g., maps or photographs) and/or the words in an informational text to demonstrate understanding of the text (e.g., where, when, why, and how key events occur).

A.ELA.9.15

Describe how evidence supports specific claims the author makes in an informational text.

A.ELA.9.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.9.17

Read and demonstrate understanding of appropriately challenging informational texts, including social studies, science, and technical texts, while engaged in individual or group readings.

A.ELA.9.18

Use drawing, dictating, and/or writing to compose opinion pieces by introducing the topic or name of the text being discussed, stating an opinion, and supply a reason for the opinion; provide a sense of closure.

A.ELA.9.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts by introducing a topic and using facts and definitions to develop points; provide a sense of closure.

A.ELA.9.20

Use drawing, dictating and/or writing to narrate a well-elaborated event or short sequence of events, including details to describe actions, thoughts, or feelings; provide a sense of closure.

A.ELA.9.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.9.22

Strengthen writing by planning, revising, editing, rewriting, or trying a new approach.

A.ELA.9.23

Use a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.9.24

Conduct a short research project drawing on several sources to answer a question.

A.ELA.9.25

Recall information from experiences or gather information from print and digital sources; sort evidence into provided categories.

A.ELA.9.26

Apply grade 9 reading standards to literary (e.g., “identify who is telling the story at various points in a literary text and determine point of view”).

Apply grade 9 reading standards to nonfiction and other informational texts (e.g., “identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text”).

A.ELA.9.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.9.28

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on a variety of grade 9 topics and issues and appropriately challenging texts.

Follow agreed-upon rules for discussions (e.g., listening to others with care and speaking one at a time about the topics and texts under discussion).

Respond appropriately to the comments of others through two or more exchanges. Ask questions to clear up any confusion about the topics and texts under discussion.

A.ELA.9.29

Given information presented in diverse media or format, determine the main ideas and supporting details.

A.ELA.9.30

After listening to a speaker, ask questions to demonstrate level of comprehension, gather additional information, or deepen understanding of a topic or issue.

A.ELA.9.31

Speaking audibly, report on a topic or text, and/or tell a story or recount an experience with appropriate facts and relevant, descriptive details.

A.ELA.9.32

Include multimedia components (e.g., graphics, images, music, and/or sound) and visual displays in presentations to enhance ideas, thoughts, and feelings.

A.ELA.9.33

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

A.ELA.9.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use nouns, pronouns, verbs, adjectives, and adverbs.

Form and use regular and irregular plural nouns.

Form and use regular and irregular verbs.

Form and use the simple (e.g., I walked; I walk; I will walk) verb tenses.

Ensure subject-verb agreement.

Use coordinating and subordinating conjunctions to produce simple, and compound and/or complex sentences.

A.ELA.9.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Use commas properly with a coordinating or subordinating conjunction when creating compound or complex sentences.

A.ELA.9.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases to convey ideas precisely.

Choose punctuation for effect.

Differentiate between contexts that call for formal English (e.g., presenting ideas) and situations where informational discourse is appropriate (e.g., small-group discussion).

A.ELA.9.37

Determine or clarify the meaning of unknown words choosing from a range of strategies:

Use context to determine the meaning of unknown words.

Identify and use roots words and the words that result when affixes are added or removed.

Consult reference materials (dictionaries, online vocabulary supports) to clarify the meaning of unfamiliar words encountered when reading.

A.ELA.9.38

Demonstrate understanding of figurative language, word relationship, and nuances in word meanings.

Interpret figurative language, including similes and metaphors, in context.

A.ELA.9.39

Acquire and accurately use conversational, general academic, and domain-specific words and phrases, including those that signal precise actions, emotions, or states of being (e.g., quizzed, whined, and stammered).

Alternate Academic Achievement Standards for English Language Arts – Grade 10 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from nineth grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in tenth grade:

Summarize the key details of stories, dramas, poems, and nonfiction materials, including their themes or main ideas.

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

Write brief reports and arguments that examine a topic and include relevant facts and details.

Conduct a short research project drawing on several sources to answer a question.

Write narratives with logical sequences of events.

Report on a topic or present an opinion with his or her own words, a logical sequence of ideas, sufficient facts and details, and formal English when appropriate.

Write a variety of sentence types with correct capitalization, punctuation, and spelling.

Determine or clarify the meaning of unfamiliar words using a variety of strategies.

Grades 9-10 Specifications In grades 9-10, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for tenth grade. By the end of the programmatic level (grade 10) and over the course of the entire instructional day, the distribution of text types should shift to 30% literary and 70% informational, and writing types should shift to 40% argumentative, 40% informative, and 20% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.10.I

A.ELA.10.II

A.ELA.10.III

A.ELA.10.IV

A.ELA.10.V

A.ELA.10.1

Ask and/or answer questions about key ideas; such as who, what, when, and where, to demonstrate understanding of key details in literary text, refer to the text as the basis for the answers.

A.ELA.10.2

Summarize literary texts using key details from the text; determine the central idea(s) of the story.

A.ELA.10.3

Describe characters in a literary story (e.g., their traits, motivations, or feelings) drawing on specific details in the literary text (e.g., a character’s thoughts, words, or actions).

A.ELA.10.4

Ask and answer questions about key ideas; such as who, what, when to demonstrate understanding of key details in information texts, refers to the text as the basis for the answers.

A.ELA.10.5

Demonstrate an understanding of the central idea of an informational text; summarize the key details.

A.ELA.10.6

Describe individuals, events, or pieces of information in an informational text drawing on specific details in informational text (e.g., sequence of events, individual’s words or actions).

A.ELA.10.7

Determine the meaning of words or phrases in literary text and their impact on meaning and tone.

A.ELA.10.8

Identify how structure of a literary text creates mystery, tension, or surprise.

A.ELA.10.9

Identify the points of view of individual characters.

A.ELA.10.10

Identify words or phrases in informational text that suggest meaning and tone.

A.ELA.10.11

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

A.ELA.10.12

Identify the main purpose of informational text, including what the author wants to answer, explain, or describe.

A.ELA.10.13

Identify similarities and differences between a literary text and visual elements or multimedia presentations of the literary text to demonstrate understanding of its characters, setting, or plot.

A.ELA.10.14

Use information gained from illustrations (e.g., maps or photographs) and/or the words in an informational text to demonstrate understanding of the text (e.g., where, when, why, and how key events occur).

A.ELA.10.15

Describe how evidence supports specific claims the author makes in an informational text.

A.ELA.10.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.10.17

Read and demonstrate understanding of appropriately challenging informational texts, including social studies, science, and technical texts, while engaged in individual or group readings.

A.ELA.10.18

Use drawing, dictating, and/or writing to compose opinion pieces by introducing the topic or name of the text being discussed, stating an opinion, and supply a reason for the opinion; provide a sense of closure.

A.ELA.10.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts by introducing a topic and using facts and definitions to develop points; provide a sense of closure.

A.ELA.10.20

Use drawing, dictating, and/or writing to narrate a well-elaborated event or short sequence of events, including details to describe actions, thoughts, or feelings; provide a sense of closure.

A.ELA.10.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.10.22

Strengthen writing by planning, revising, editing, rewriting, or typing a new approach.

A.ELA.10.23

Use a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.10.24

Conduct a short research project drawing on several sources to answer a question.

A.ELA.10.25

Recall information from experiences or gather information from print and digital sources; sort evidence into provided categories.

A.ELA.10.26

Apply grade 10 reading standards to literature (e.g., “summarize literary texts using key details from the text; determine the central idea(s) of the story”).

Apply grade 10 reading standards to informational texts (e.g., “describe how evidence supports specific claims the author makes in an informational text.”).

A.ELA.10.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.10.28

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on a variety of grade 10 topics and issues and appropriately challenging texts.

Follow agreed-upon rules for discussions (e.g., listening to others with care and speaking one at a time about the topics and texts under discussion).

Ask questions to clear up any confusion about the topics and texts under discussion.

A.ELA.10.29

Given information presented in diverse media or format, determine the main ideas and supporting details.

A.ELA.10.30

After listening to a speaker, ask questions to demonstrate level of comprehension, gather additional information, or deepen understanding of a topic or issue.

A.ELA.10.31

Speaking audibly, report on a topic or text and/or tell a story or recount an experience with appropriate facts and relevant, descriptive details.

A.ELA.10.32

Include multimedia components (e.g., graphics, images, and/or sound) and visual displays in presentations to enhance ideas, thoughts, and feelings.

A.ELA.10.33

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

A.ELA.10.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use nouns, pronouns, verbs, adjectives, and adverbs.

Form and use regular and irregular plural nouns.

Form and use regular and irregular verbs.

Form and use the simple (e.g., I walked; I walk; I will walk) verb tenses.

Ensure subject-verb agreement.

Use coordinating and subordinating conjunctions to produce simple and compound and/or complex sentences.

A.ELA.10.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Use commas properly with coordinating or subordinating conjunction when creating compound or complex sentences.

Spell most single-syllable words correctly and apply knowledge of word chunks in spelling longer words.

A.ELA.10.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases to convey ideas precisely.

Choose punctuation for effect.

Differentiate between context that calls for formal English (e.g., presenting ideas) and situations where informational discourse is appropriate (e.g., small-group discussion).

A.ELA.10.37

Determine or clarify the meaning of unknown words choosing from a range of strategies:

Use context to determine the meaning of unknown words.

Identify and use root words and the words that result when affixes are added or removed.

Consult reference materials (dictionaries, online vocabulary supports) to clarify the meaning of unfamiliar words encountered when reading.

A.ELA.10.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figurative language, including similes and metaphors, in context.

A.ELA.10.39

Acquire and accurately use conversational, general academic, and domain-specific words and phrases, including those that signal precise actions, emotions, or states of being (e.g., quizzed, whined, and stammered).

Alternate Academic Achievement Standards for English Language Arts – Grade 11 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from tenth grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in eleventh grade:

Summarize the key details of stories, dramas, poems, and nonfiction materials, including their themes or main ideas.

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

Write brief reports and arguments that examine a topic and include relevant facts and details.

Conduct a short research project drawing on several source to answer a question.

Write narratives with logical sequences of events.

Report on a topic or present an opinion with his or her own words, a logical sequence of ideas, sufficient facts and details, and formal English when appropriate.

Write a variety of sentence types with correct capitalization, punctuation, and spelling.

Determine or clarify the meaning of unfamiliar words using a variety of strategies.

Grades 11-12 Specifications In grades 11-12, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for eleven grade. By the end of the programmatic level (grade 12) and over the course of the entire instructional day, the distribution of text types should shift to 30% literary and 70% informational, and writing types should shift to 40% argumentative, 40% informative, and 20% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.11.I

A.ELA.11.II

A.ELA.11.III

A.ELA.11.IV

A.ELA.11.V

A.ELA.11.1

Ask and/or answer questions about key ideas; such as who, what, when, and where, to demonstrate understanding of key details in literary text; refer to the next as the basis for the answer.

A.ELA.11.2

Summarize literary texts using key details from the text; determine the central idea(s) of the story.

A.ELA.11.3

Describe how characters in a story respond to major events and challenges in literary text.

A.ELA.11.4

Ask and answer questions about key ideas; such as who, what, when, where to demonstrate understanding of key details in informational texts referring to the text as the basis for the answers.

A.ELA.11.5

Demonstrate an understanding of the central idea of an informational text; summarize the key details.

A.ELA.11.6

Describe the interactions between two individuals, events, ideas, or pieces of information in an informational text.

A.ELA.11.7

Determine the meaning of the words or phrases in literary text and their impact on meaning and tone.

A.ELA.11.8

Identify how specific parts of a literary text contribute to its overall structure.

A.ELA.11.9

Identify the points of view of individual characters.

A.ELA.11.10

Determine the meaning of words and phrases as they are used in an informational text.

A.ELA.11.11

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

A.ELA.11.12

Identify the main purpose of informational text, including what the author wants to answer, explain, or describe.

A.ELA.11.13

Identify similarities and differences between a literary text and visual elements or multimedia presentations of the literary text to demonstrate understanding of its characters, setting, or plot.

A.ELA.11.14

Use information gained from illustrations (e.g., maps or photographs) and/or the words in an informational text to demonstrate understanding of the text (e.g., where, when, why, ad how key events occur).

A.ELA.11.15

Describe how evidence supports specific claims the author makes in an informational text.

A.ELA.11.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.11.17

Read and demonstrate understanding for appropriately challenging informational texts, including social studies, science, and technical texts, while engaged in individual or group readings.

A.ELA.11.18

Use drawing, dictating, and/or writing to compose opinion pieces by introducing the topic or name of the text being discussed, stating an opinion, and supplying a reason for the opinion; provide a sense of closure.

A.ELA.11.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts by introducing a topic, using facts and definition to develop points, and providing a sense of closure.

A.ELA.11.20

Use drawing, dictating, and/or writing to narrate a well-elaborated event or short sequence of events, including details to describe actions, thoughts or feelings and providing a sense of closure.

A.ELA.11.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.11.22

Strengthen writing by planning, revising, editing, rewriting, or trying a new approach.

A.ELA.11.23

Use a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.11.24

Conduct a short research project drawing on several sources to answer a question.

A.ELA.11.25

Recall information from experiences or gather information from print and digital sources; sort evidence into provided categories.

A.ELA.11.26

Apply grade 11 reading standards to literature (e.g., “describe how characters in a story respond to major events and challenges in literary text”).

Apply grade 11 reading standards to nonfiction and other informational texts (e.g., “identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text).

A.ELA.11.27

Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.11.28

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on a variety of grade 11 topics and issues and appropriately challenging texts.

Follow agreed-upon rules for discussions (e.g., listening to others with care and speaking one at a time about the topics and texts under discussion).

Ask questions to clear up any confusion about the topics and texts under discussion.

A.ELA.11.29

Given information presented in diverse media or format, determine the main idea and supporting details.

A.ELA.11.30

After listening to a speaker, ask questions to demonstrate level of comprehension, gather additional information, or deepen understanding of a topic or issue.

A.ELA.11.31

Speaking audibly, report on a topic or text, and/or tell a story or recount an experience with appropriate facts and relevant, descriptive details.

A.ELA.11.32

Include multimedia components (e.g., graphics, images, music, and/or sound) and visual displays in presentations to enhance ideas, thoughts, and feelings.

A.ELA.11.33

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

A.ELA.11.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use nouns, pronouns, verbs, adjectives, and adverbs.

Form and use regular and irregular plural nouns.

Form and use regular and irregular verbs.

Form and use the simple (e.g., I walked; I walk; I will walk) verb tenses.

Ensure subject-verb agreement.

Use coordinating and subordinating conjunctions to produce simple and compound and/or complex sentences.

A.ELA.11.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Use commas properly with a coordinating or subordinating conjunction when creating compound or complex sentences.

Spell more single-syllable words correctly and apply knowledge of word chunks in spelling longer words.

A.ELA.11.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases to convey ideas precisely.

Choose punctuation for effect.

Differentiate between contexts that call for formal English (e.g., presenting ideas) and situation where informational discourse is appropriate (e.g., small-group discussion).

A.ELA.11.37

Determine or clarify the meaning of unknown words choosing from a range of strategies.

Use context to determine the meaning of unknown words.

Identify and use root words and the words that result when affixes are added or removed.

Consult reference materials (dictionaries, online vocabulary supports to clarify the meaning of unfamiliar words encountered when reading.

A.ELA.11.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figurative language, including similes and metaphors, in context.

A.ELA.11.39

Acquiring and accurately use conversational, general academic, and domain-specific words and phrases, including those that signal precise actions, emotions, or state of being (e.g., quizzed, whined, and stammered).

Alternate Academic Achievement Standards for English Language Arts – Grade 12 The West Virginia alternate academic achievement standards for ELA are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student’s IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, learning skills, and technology tools. Following the skill progressions from eleventh grade, the following chart represents the components of literacy that will be developed in the reading, writing, speaking/listening, and language domains in twelfth grade:

Summarize the key details of stories, dramas, poems, and nonfiction materials, including their themes or main ideas.

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

Write brief reports and arguments that examine a topic and include relevant facts and details.

Conduct a short research project drawing on several sources to answer a question.

Write narratives with logical sequences of events.

Report on a topic or present on opinion with his or her own words, a logical sequences of ideas, sufficient facts and details, and formal English when appropriate.

Write a variety of sentence types with correct capitalization, punctuation, and spelling.

Determine or clarify the meaning of unfamiliar words using a variety of strategies.

Grades 11-12 Specifications In grades 11-12, students should have numerous opportunities to engage with complex texts appropriate for addressing the expectations of the alternate academic achievement standards for twelfth grade. By the end of the programmatic level (grade 12) and over the course of the entire instructional day, the distribution of text types should shift to 30% literary and 70% informational, and writing types should shift to 40% argumentative, 40% informative, and 20% narrative.

The following ELA standards are numbered continuously. The ranges in the chart below relate to the clusters found within the ELA domains:

A.ELA.12.I

A.ELA.12.II

A.ELA.12.III

A.ELA.12.IV

A.ELA.12.V

A.ELA.12.1

Ask and/or answer questions about key ideas; such as who, what, when, and where, to demonstrate understanding of key details in literary text; refer to the text as the basis for the answers.

A.ELA.12.2

Summarize literary texts using key details from the text; determine the central idea(s).

A.ELA.12.3

Describe how characters in a story respond to major events and challenges in literary text.

A.ELA.12.4

Ask and answer questions about key ideas; such as who, what, when, where to demonstrate understanding of key details in informational texts referring to the text as the basis for the answers.

A.ELA.12.5

Demonstrate an understanding of the central idea of an informational text; summarize the key details.

A.ELA.12.6

Describe the interactions between two individuals, events, ideas, or pieces of informational in an informational text.

A.ELA.12.7

Determine the meaning of words or phrases in literary texts and their impact on meaning and tone.

A.ELA.12.8

Identify how specific parts of a literary text contribute to its overall structure.

A.ELA.12.9

Identify the points of view of individual characters.

A.ELA.12.10

Determine the meaning of words and phrases as they are used in an informational text.

A.ELA.12.11

Identify how ideas or claims are developed by particular sentence(s) or paragraph(s) of an informational text.

A.ELA.12.12

Identify the main purpose of informational texts, including what the author wants to answer, explain or describe.

A.ELA.12.13

Identify similarities and differences between a literary text and visual elements or multimedia presentations of the literary text to demonstrate understanding of its characters, setting, or plot.

A.ELA.12.14

Use information gained from illustrations (e.g., maps or photographs) and/or the words in an informational text to demonstrate understanding of the text (e.g., where, when, why, and how key events occur).

A.ELA.12.15

Describe how evidence supports specific claims the author makes in an informational text.

A.ELA.12.16

Read and demonstrate understanding of literature, including stories, dramas, and poetry, while engaged in individual or group readings of appropriately challenging literary texts.

A.ELA.12.17

Read and demonstrate understanding of appropriately challenging informational texts, including social studies, science A.ELA.12.18 Use drawing, dictating, and/or writing to compose opinion pieces by introducing the topic or name of the text being discussed, stating an opinion, and supplying a reason for the opinion; provide a sense of closure.

A.ELA.12.19

Use drawing, dictating, and/or writing to compose informative/explanatory texts by introducing a topic, using facts and definitions to develop points, and providing a sense of closure.

A.ELA.12.20

Use drawing, dictating, and/or writing to narrate a well-elaborated event or short sequence of events, including details to describe actions, thoughts, or feelings and providing a sense of closure.

A.ELA.12.21

Produce writing in which the development and organization are appropriate to task and purpose.

A.ELA.12.22

Strengthen writing by planning, revising, editing, rewriting, or trying a new approach.

A.ELA.12.23

Use a variety of digital tools to produce and publish writing, including collaboration with peers.

A.ELA.12.24

Conduct a short research project drawing on several sources to answer a question.

A.ELA.12.25

Recall information from experiences or gather information from print and digital sources; sort evidence into provide categories.

A.ELA.12.26

Draw evidence from literary or informational text to support writing.

Apply grade 12 reading standards to literature A.ELA.12.27 Write routinely for a range of discipline-specific tasks, purposes, and audiences.

A.ELA.12.28

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on a variety of grade 12 topics and issues and appropriately challenging texts.

Follow agreed-upon rules for discussions (e.g., listening to others with care and speaking one at a time about the topics and texts under discussion).

Respond appropriately to the comments of others through two or more exchange.

A.ELA.12.29

Given information presented in diverse media or format, determine the main ideas and supporting details.

A.ELA.12.30

After listening to a speaker, ask questions to demonstrate level of comprehension, gather additional information, or deepen understanding of a topic or issue.

A.ELA.12.31

Speak audibly, report on a topic or text, and/or tell a story or recount an experience with appropriate facts and relevant, descriptive details.

A.ELA.12.32

Include multimedia components (e.g., graphics, images, music, and/or sound) and visual displays in presentations to enhance ideas, thoughts, and feelings.

A.ELA.12.33

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification.

A.ELA.12.34

Demonstrate understanding of the conventions of Standard English grammar and usage when writing or speaking.

Use nouns, pronouns, verbs, adjectives, and adverbs.

Form and use regular and irregular plural nouns.

Form and use regular and irregular verbs.

Form and use the simple (e.g., I walked; I walk; I will walk) verb tenses.

Ensure subject-verb agreement.

Use coordinating and subordinating conjunctions to produce simple, and compound and/or complex sentences.

A.ELA.12.35

Demonstrate understanding of conventions of Standard English capitalization, spelling, and punctuation when writing.

Use commas properly with a coordinating or subordinating conjunction when creating compound or complex sentences.

Spell most single-syllable words correctly and apply knowledge of word chunks in spelling longer words.

A.ELA.12.36

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words or phrases to convey ideas precisely.

Choose punctuation for effect.

Differentiate between contexts that call for formal English (e.g., presenting ideas) and situations where informal discourse is appropriate (e.g., small-group discussion).

A.ELA.12.37

Determine or clarify the meaning of unknown words choosing from a range of strategies.

Use context to determine the meaning of unknown words.

Identify and use root words and the words that result when affixes are added or removed.

Consult reference materials (dictionaries, online vocabulary supports) to clarify the meaning of unfamiliar words encountered when reading.

A.ELA.12.38

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figurative language, including similes and metaphors, in context.

A.ELA.12.39

Acquire and accurately use conversational, general academic, and domain-specific words and phrases including those that signal precise actions, emotions, or states of being (e.g., quizzed, whined, and stammered).

West Virginia Alternate Academic Achievement Standards for Mathematics Introduction The alternate academic achievement standards describe what students with the most significant cognitive disabilities should know and be able to do in mathematics derived from the general education content standards approved by the WVBE for all students, at the same grade levels. The alternate content standards provide the targets for instruction and student learning essential for success in the environments in and out of school that students with severe disabilities are likely to encounter. The West Virginia Alternate Academic Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modification. In addition to the accommodations and modifications listed on the student’s IEP, teacher select scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

While the standards are reduced in scope and complexity, they are aligned with the WVCCRS to afford students the opportunity to participate in a richer learning experience and are designed to raise expectations for students’ academic achievement. Higher expectations require that students with significant cognitive disabilities must have access to general education, be provided with specialized instruction, and participate in national, state, and local assessment programs. The alternate achievement standards should be no less challenging for students with the most significant cognitive disabilities than the standards set for all other students.

This articulation reflects both horizontal and vertical alignment across the grades, with the goal of moving students toward more sophisticated understanding in all domains.

Explanation of Terms Clusters are groups of standards that define the expectations students must demonstrate to succeed in the environments in and out of schools that students with severe disabilities are likely to encounter.

Domains are the broad components that make up a content area.

Standards are the expectations for what students should know, understand, and be able to do; standards represent educational goals.

The numbering for each standard is composed of four parts, each part separated by a period. the letter A to signify Alternate Academic Achievement Standards, the content area code (e.g., M for mathematics), the grade level, and the standard.

Illustration: A.M.3.1 refers to mathematics, grade 3, standard 1 and A.M.1HS.2 refers to mathematics, High school Mathematics I, standard 2.

Alternate Academic Achievement Standards for Mathematics – Kindergarten The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. The following chart represents the concepts that will be developed in mathematics in kindergarten:

Counting and Cardinality Count objects to tell how many there are by ones and by tens.

Compare two groups of objects to tell which group, if either, has more; compare two written numbers to tell which is greater.

Group pennies.

Understand addition as putting together and adding to.

Understand subtraction as taking apart and taking from.

Add and subtract very small numbers quickly and accurately (e.g., 3 + 1).

Describe and compare objects as longer, shorter, larger, smaller, etc.

Classify objects and count the number of objects in each category.

Recognize shapes Name shapes correctly regardless of orientation or size.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Counting and Cardinality Know number names and the count sequence.

Count to tell the number of objects.

Standards 4-5 Compare numbers.

Standards 6-7 Understand addition as putting together and adding to, and understand subtraction as taking apart and taking from.

Standard 8-11 Describe and compare measurable attributes.

Standards 12-13 Classify objects and count the number of objects in each category Standard 14 Identify and describe shapes (squares, circles, triangles, rectangles, hexagons, cubes, cones, cylinders, and spheres)

Standards 15-17 Analyze, compose, and compare shapes Standard 18 Counting and Cardinality Know number names and the count sequence.

A.M.K.1

Starting with one, count to ten by ones using concrete objects.

A.M.K.2

Using five objects, count forward beginning from a given number within the known sequence.

A.M.K.3

Recognize or trace numbers from 1 to 5. Represent a number of objects with a written numeral 0-5 (with 0 representing a count of no objects).

Count to tell the number of objects.

A.M.K.4

Demonstrate one-to-one correspondence (one number for each item) by counting each of up to five items only once.

A.M.K.5

Count and tag/label up to five items from a larger set.

Compare numbers.

A.M.K.6

When presented two groups of objects, identify whether the number of up to five objects is more than, less than, or equal to the number of objects in another group.

A.M.K.7

Compare two numbers between 1 and 5 presented as written numerals.

Understand addition as putting together and adding to, and understand subtraction as taking apart and taking from.

A.M.K.8

Solve addition and subtraction word problems and add and subtract within 5 by using objects or drawings to represent the problem.

A.M.K.9

Decompose numbers less than or equal to 5 into pairs in more than one way by using objects or drawings.

A.M.K.10

For any number from 1 to 4, find the number that makes 5 when added to the given number by using objects or drawings, and record the answer with an object or drawing.

A.M.K.11

Add and subtract within 5 using objects or drawings.

Describe and compare measurable attributes.

A.M.K.12

Demonstrate an understanding of attributes of objects (big/small, heavy/light).

A.M.K.13

Compare two objects according to attributes (big/small, heavy/light).

Classify objects and count the number of objects in each category.

A.M.K.14

Sort objects according to attributes (big/small, heavy/light).

Identify and describe shapes (squares, circles, triangles, rectangles, hexagons, cubes, cones, cylinders, and spheres).

A.M.K.15

Using manipulatives, sort shapes by color, shape, and/or size.

A.M.K.16

Match shapes of same size and orientation (circle, square, rectangle, triangle).

A.M.K.17

Given choices from a selection, identify shapes found in real-life objects (circle, square, rectangle, and triangle).

Analyze, compare, create and compose shapes.

A.M.K.18

With scaffolding and support, model shapes in the world by building shapes from components (e.g., sticks and clay balls) or drawing shapes.

Alternate Academic Achievement Standards for Mathematics – Grade 1 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. The following chart represents the concepts that will be developed in mathematics in first grade:

Solve addition and subtraction word problems in situations of adding to, taking from, putting together, taking apart, and comparing (e.g., a taking from situation would be: “Five apples were on the table. I ate some apples. Then there were three apples. How many apples did I eat?”).

Add fluently with a sum of 5 or less, and accurately subtract from a number 5 or less (e.g., 2 + 5, 7 – 5).

Understanding the relationship between addition and subtraction.

Understand what the digits mean in two-digit numbers (place value).

Use understanding of place value and properties of operations to add and subtract.

Organize data.

Measure lengths of objects by using a shorter object as a unit of length.

Tell and write time.

Make composite shapes by joining shapes together, and dividing circles and rectangles into halves.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Represent and solve problems involving addition and subtraction.

Standards 1-2 Understand and apply properties of operations and the relationship between addition and subtraction.

Standards 3-4 Add and subtract within 20.

Standards 5-6 Work with addition and subtraction equations.

Standard 7 Extend the counting sequence.

Standard 8 Understand place value.

Use place value understanding and properties of operations to add and subtract.

Standards 11-12 Measure lengths indirectly and by iterating length units.

Standards 13-14 Tell and write time.

Standard 15 Standard 16 Standards 17-19 Represent and solve problems involving addition and subtraction.

A.M.1.1

Use manipulatives to add and/or subtract within ten.

A.M.1.2

Solve word problems involving situations of adding to, taking from, putting together, taking apart and/or comparing.

Understand and apply properties of operations and the relationship between addition and subtraction.

A.M.1.3

Understand the Commutative Property of Addition using manipulatives (e.g., two objects put together with three objects is equivalent to three objects put together with two objects).

A.M.1.4

Using manipulatives, from a given number of objects, determine the number of objects needed to make five objects.

Add and subtract within 20.

A.M.1.5

Use manipulatives or visual representations to indicate the number that results when adding one more.

Apply knowledge of “one less” to subtract one from a number.

A.M.1.6

Add or subtract within five, demonstrating fluency for addition or subtraction within five and using strategies such as counting on; making five (e.g., 1 + 4 = 3 + 2 = 2 + 3 or 4 + 1 = 5 + 0 = 0 + 5 = 5); decomposing a number leading to a five.

Work with addition and subtraction equations.

A.M.1.7

Understand the concept of equivalence (e.g., two objects put together with three objects is equivalent to four object put together with one object).

Extend the counting sequence.

A.M.1.8

Starting with one, count to fifteen by ones using concrete objects. Recognize or trace numbers from 1 to 15. Represent a number of objects with a written numeral 0-15 (with 0 representing a count of no objects).

Understand place value.

A.M.1.9

Create sets of ten.

A.M.1.10

When presented two groups of objects, identify whether the number of up to ten objects is more than, less than, or equal to the number of objects in another group.

Use place value understanding and properties of operations to add and subtract.

A.M.1.11

Add within 10, using concrete models or drawings.

A.M.1.12

Using manipulatives to add and/or subtract within ten.

Measure lengths indirectly and by iterating length units.

A.M.1.13

Order three objects by length.

A.M.1.14

Compare lengths to identify which is longer/shorter, taller/shorter.

Tell and write time.

A.M.1.15

Determine multiple measures of time.

Demonstrate an understanding of the terms tomorrow, yesterday, and today.

Demonstrate an understanding of the terms morning, afternoon, day, and night.

Identify activities that come before, next, and after.

Demonstrate an understanding that certain activities (lunch, recess, etc.) occur at the same time daily.

A.M.1.16

Organize data into categories by sorting.

A.M.1.17

Sort shapes based on attributes.

A.M.1.18

Put together shapes to make a different shape.

A.M.1.19

Decompose a shape (circle and square) into 2 equal parts.

Alternate Academic Achievement Standards for Mathematics – Grade 2 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. The following chart represents the concepts that will be developed in mathematics in second grade:

Numbers and Operations in Base Ten Solve addition and subtraction word problems within ten.

Fluently add with a sum of 10 or less and know all sums of one-digit numbers from memory by the end of the year.

Work with equal groups of objects to gain foundations for multiplication.

Understand the concept of even and odd numbers as having equal and unequal sets.

Count orally within 20 using objects to represent tens and ones.

Skip count numbers by 5s and 10s up to 30.

Write numbers up to 30.

Use objects and numbers to add and subtract within 20.

Measure objects with non-standard units of measurement.

Choose appropriate measurement tools.

Work with time and money Organize data with graphs.

Build, draw, and analyze 2-D and 3-D shapes to develop foundations for area, volume, and geometry in later grades.

Divide shapes into equal shares to build the foundations for fractions in later grades.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Represent and solve problems involving addition and subtraction.

Add and subtract within 20.

Standard 2 Work with equal groups of objects to gain foundations for multiplication.

Standards 3-4 Understand place value.

Standard 5-8 Use place value understanding and properties of operations to add and subtract.

Standards 9-13 Measure and estimate length in standard units.

Standards 14-17 Relate addition and subtraction to length.

Standards 18-19 Work with time and money.

Standards 20-21 Standards 22-23 Represent and solve problems involving addition and subtraction.

A.M.2.1

Using manipulatives, use addition and /or subtraction within ten to solve problems involving adding to, taking from, putting together, taking apart, and/or comparing.

Add and subtract within 20.

A.M.2.2

Using manipulatives to add and/or subtract within ten.

Work with equal groups of objects to gain foundations for multiplication.

A.M.2.3

Use manipulatives to determine whether a group of objects up to ten has an odd or even number of members by pairing objects.

A.M.2.4

Use manipulatives to arrange up to ten objects in evenly distributed rows or columns.

Understand place value.

A.M.2.5

Represent numbers up to 20 with sets of tens and ones using manipulatives.

A.M.2.6

Use manipulatives to count within 30. Introduce skip counting by 2s up to 10, then 5s up to 20, then tens up to 30.

A.M.2.7

Recognize or trace numbers from 1 to 30. Represent a number of objects with a written numeral 0-30 (with 0 representing a count of no objects).

A.M.2.8

When presented two groups of objects, identify whether the number of up to twenty objects is more than, less than, or equal to the number of objects in another group.

Use place value understanding and properties of operations to add and subtract.

A.M.2.9

Using manipulatives, demonstrate adding to, taking from, putting together, taking apart, and/or comparing within twenty.

A.M.2.10

Use objects and numbers (0-20) to add and subtract including symbolic representation (e.g., 2 + 3 = 5).

A.M.2.11

Demonstrate the concept of equivalence (e.g., two objects put together with three objects is equivalent to four objects put together with one object) using symbolic representation (e.g., 2 + 3 = 4 + 1).

A.M.2.12

Demonstrate skip counting by tens up to 50.

A.M.2.13

Using manipulatives as a support, add/or subtract within 20.

Measure and estimate lengths in standard units.

A.M.2.14

Measure the length of objects using non-standard units.

A.M.2.15

Measure the length of an object using multiple non-standard units.

A.M.2.16

Recognize standard tools of measurement. Choose the appropriate tools to measure objects of various lengths.

A.M.2.17

With guidance and support, order various objects by length and measure the length of objects using standard length units.

Relate addition and subtraction to length.

A.M.2.18

Use addition and subtraction within 20 to solve word problems involving lengths that are given in the same units.

A.M.2.19

Use the number line to add one more unit of length.

Work with time and money.

A.M.2.20

Identify the hour numbers on a digital clock that match a routine activity.

A.M.2.21

Recognize coins (penny, nickel, dime, and quarter) by appearance and value.

A.M.2.22

Recognize a line plot. (e.g., line plot versus a bar graph).

A.M.2.23

Create a bar and/or picture graph to represent a data set with up to two categories. Interpret the data represented on the bar and/or picture graph. (e.g., how many in each column/row, more, less).

Reason with shapes and their attributes A.M.2.24 Identify common two-dimensional shapes: square, triangle, circle, and rhombus.

A.M.2.25

Partition a rectangle into rows and columns of same-size squares and count to find the total number of them.

A.M.2.26

Partition circles and rectangles into two, three, or four equal shares. Sescribe the shares using words halves, thirds, fourths, etc. Recognize that equal shares of identical wholes need not have the same shape.

Alternate Academic Achievement Standards for Mathematics – Grade 3 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. The following chart represents the concepts that will be developed in mathematics in third grade:

Use arrays to solve simple multiplication problems.

Use objects to make equal groups.

Understand that multiplication is repeated addition.

Understand the communitive property as it relates to addition and multiplication (e.g. 4+5 is the same as 5 + 4 and 2 x 3 is the same as 3 x 2)

Solve real world problems involving addition, subtraction and simple multiplication.

Count to 50 by tens.

Add and subtract within 30 using place value strategies.

Recognize that a whole is greater than a half.

Recognize that ½ is two equal parts of a whole.

Use an analog and/or digital clock tell time to the ½ hour.

Measure liquids and mass.

Interpret data on a graph.

Determine the shape of an irregular polygon based on the number of angles in the shape.

Reason about shapes Understand the connection between equal parts of a shape being a unit of the whole.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Represent and solve problems involving multiplication and division.

Standards 1-4 Understand properties of multiplication and the relationship between multiplication and division.

Standards 5 Multiply and divide within 100.

Standard 6 Solve problems involving the four operations, and identify and explain patterns in arithmetic.

Standards 7-8 Use place value and properties of operations to perform multi-digit arithmetic.

Standards 9-11 Develop an understanding as fractions as numbers.

Standards 12-13 Solve problems involving measurement and estimation of intervals of time, liquid volumes, and masses of objects.

Standards 14-15 Geometric measurement: understand concepts of area and relate area to multiplication and to addition.

Geometric measurement: recognize perimeter as an attribute of plane figures and distinguish between linear and area measures.

Standard 21 Standards 22-23 Represent and solve problems involving multiplication and division.

A.M.3.1

Use manipulatives to demonstrate that multiplication is repeated addition.

A.M.3.2

Use manipulatives to demonstrate an understanding of equal shares (e.g. six apples equally shared with three students is two apples each).

A.M.3.3

Use an array to solve multiplication problems within 20.

A.M.3.4

Use addition to find the total number of objects arranged in rectangular arrays with up to 5 rows and 5 columns.

Understand properties of multiplication and the relationship between multiplication and division.

A.M.3.5

Use manipulatives to demonstrate the commutative property of multiplication by grouping objects within twenty objects (e.g. three groups of two is the same as two groups of three).

Multiply and divide within 100.

A.M.3.6

Demonstrate an understanding of the multiplication table and its use.

Solve problems involving the four operations, and identify and explain patterns in arithmetic.

A.M.3.7

Solve one-step, real-world problems using addition or subtraction within thirty.

A.M.3.8

Demonstrate an understanding of skip-counting by twos, fives, and tens.

Use place value understanding and properties of operations to perform multi-digit arithmetic.

A.M.3.9

Identify multiples of ten on a number line, (e.g. “friendly numbers” such as ten, twenty, thirty, etc.)

A.M.3.10

Add and subtract within 30 using strategies based on place value.

A.M.3.11

Group objects together to form a ten. Count by tens up to 50 using models.

Develop understanding of fractions as numbers.

A.M.3.12

Demonstrate fractional understanding by demonstrating that a half is part of a whole and two-halves makes a whole.

A.M.3.13

Demonstrate that one whole is bigger than one-half.

Solve problems involving measurement and estimation of intervals of time, liquid volumes, and masses of objects.

A.M.3.14

Use an analog and/or digital clock to identify time to the hour and/or half-hour.

A.M.3.15

Determine the volume of liquid using varying sizes of containers. Identify the container that holds more, and the container that holds less. Compare masses of objects by identifying which object is heavier or lighter.

A.M.3.16

Use picture or bar graph data to interpret the data.

A.M.3.17

Generate measurement data by measuring the length of objects to the nearest whole number using standard tools, such as rulers, yardsticks, and/or meter sticks. Show the data on a line plot.

Geometric measurement: understand concepts of area and relate area to multiplication and to addition.

A.M.3.18

Given a plane figure printed/drawn on graph paper, identify and color "one unit" of the figure.

A.M.3.19

Given a plane figure printed/drawn on graph paper, introduce concepts of area by coloring more than one unit of the figure and counting the colored units.

A.M.3.20

Using graph paper, color an array of up to five rows and five columns and count the number of units.

Geometric measurement: recognize perimeter as an attribute of plane figures and distinguish between linear and area measures.

A.M.3.21

Distinguish sides from angles on regular and irregular polygons. Count the number of units to find the perimeter.

A.M.3.22

Describe attributes of two-dimensional shapes.

A.M.3.23

Recognize that shapes can be partitioned into equal areas.

Alternate Academic Achievement Standards for Mathematics – Grade 4 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. The following chart represents the concepts that will be developed in mathematics in fourth grade:

Use whole-number arithmetic to solve word problems.

Add and subtract whole numbers.

Multiply and divide numbers in simple cases.

Generate and analyze patterns.

Generalize place value understanding for multi-digit whole numbers.

Use place value understanding and properties of operations to perform multi-digit arithmetic.

Use equivalent fractions to understand and order fractions.

Identify the differences between whole numbers and fractions.

Make real world connections with fractions.

Geometric measurement: understand concepts of angle and measure angles.

Tell time using a digital clock Tell time to the nearest half-hour using an analog clock.

Measure mass or volume using standard tools.

Use standard measurement to compare lengths of objects.

Identify coins (penny, nickel, dime, quarter) and their values.

Draw and identify lines and angles, and classify shapes by properties of their lines and angles.

Measure angles and find unknown angles in a diagram.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Use the four operations with whole numbers to solve problems.

Gain familiarity with factors and multiples.

Generate and analyze patterns.

Standard 5 Generalize place value understanding for multi-digit whole numbers.

Standards 6-8 Use place value understanding and properties of operations to perform multi-digit arithmetic.

Extend understanding of fraction equivalence and ordering.

Standards 11-12 Build fractions from unit fractions by applying and extending previous understandings of operations on whole numbers.

Standards 13-14 Understand decimal notation for fractions, and compare decimal fractions.

Standards 15-17 Solve problems involving measurement and conversion of measurements from a larger unit to a smaller unit.

Standards 21 Geometric measurement: understand concepts of angle and measure and angles.

Standards 22-23 Draw and identify lines angles and classify shapes by properties of their lines and angles.

Use the four operations with whole numbers to solve problems.

A.M.4.1

Represent verbal statements using manipulatives of multiplicative comparisons as multiplication equations.

A.M.4.2

Use manipulatives and/or a multiplication table to multiply to solve word problems involving multiplicative comparison.

A.M.4.3

Solve one-step real world problems using repeated addition or multiplication.

Gain familiarity with factors and multiples.

A.M.4.4

Given a multiplication table, find all factor pairs (fact families) for a whole number in the range 1-20.

Generate and analyze patterns.

A.M.4.5

Demonstrate an understanding of patterns by predicting “what comes next?” in a sequence of items of at least three objects.

Generalize place value understanding for multi-digit whole numbers.

A.M.4.6

Recognize the ones, tens, and hundreds place in a three-digit number.

A.M.4.7

Use manipulatives to identify place value of numbers matching the number to the number name.

A.M.4.8

Use a number line within 50 tp demonstrate rounding to the nearest ten.

Use place value understanding and properties of operations to perform multi-digit arithmetic.

A.M.4.9

Use manipulatives to add and subtract within 99.

A.M.4.10

Use number cubes or similar manipulatives to create an array, and with guidance count the manipulatives to demonstrate an understanding of multiplication.

Extend understanding of fraction equivalence and ordering.

A.M.4.11

Use manipulatives to demonstrate the equivalence of 1 whole equaling 2 halves and four fourths.

A.M.4.12

Use manipulatives to compare fraction parts and identify the difference between larger and smaller fractions.

Build fractions from unit fractions by applying and extending previous understandings of operations on whole numbers.

A.M.4.13

Use manipulatives to demonstrate the difference between one whole, one-half, and one-fourth.

A.M.4.14

Identify the differences between whole numbers and fractions.

Understand decimal notation for fractions, and compare decimal fractions.

A.M.4.15

Use manipulatives to demonstrate an understanding of the denominator signifying the total parts of the whole (e.g. ½ = 2 parts in the whole).

A.M.4.16

Use a number line up to 30 to demonstrate the value of coins (e.g. 30 pennies, 6 nickels, 3 dimes) as parts of a whole having value.

A.M.4.17

Compare the value of a dime to a nickel. Demonstrate understanding that the dime has more value than a nickel.

Solve problems involving measurement and conversion of measurements from a larger unit to a smaller unit.

A.M.4.18

Identify the smaller measurement unit that comprises a larger unit within a measurement system (e.g. inches/foot, centimeter/meter, minute/hour)

A.M.4.19

Determine multiple forms of measurement.

Tell time using a digital clock Tell time to the nearest half-hour using an analog clock.

Measure mass or volume using standard tools.

Use standard measurement to compare lengths of objects.

Identify coins (penny, nickel, dime, quarter) and their values.

A.M.4.20

Determine the area of a square by counting units of measure.

A.M.4.21

Represent data on a picture or bar graph given a model and graph to complete.

Interpret data from a picture or bar graph and line plots.

Geometric measurement: understand concepts of angle and measure angles.

A.M.4.22

Identify the angles in geometric shapes of both two-dimensional and three-dimensional objects (e.g., highlight the angles in a given shape).

A.M.4.23

Use a straight edge to draw shapes and count the number of vertices.

Draw and identify lines and angles and classify shapes by properties of their lines and angles.

A.M.4.24

Identify and draw parallel lines and intersecting lines.

A.M.4.25

Determine the given two-dimensional shape by the number of vertices (e.g. 4 vertices= rectangle, 3 vertices = triangle, 0 vertices= circle.)

A.M.4.26

Determine symmetry of a shape by folding the shape into equal portions.

Alternate Academic Achievement Standards for Mathematics – Grade 5 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. The following chart represents the concepts that will be developed in mathematics in fifth grade:

Write and interpret numerical expressions.

Analyze mathematical patterns and relationships.

Understand the place value system.

Generalize the place-value system Multiply whole numbers Identify fractions.

Understand the denominator is the equal division of parts in a whole.

Recognize like measurement units within a given measurement system.

Make a line plot to display a data set Geometric measurement: Understand the concept of volume Graph points on the coordinate plane to solve real-world and mathematical problems.

Classify two-dimensional figures into categories based on their properties.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Create numerical expressions.

Analyze patterns and relationships.

Standard 2 Understand the place value system.

Standard 3-6 Perform operations with multi-digit whole numbers.

Standards 7-9 Identify fractions of halves and fourths.

Standards 10 Recognize the denominator as the equal parts of a fraction.

Standards 11 Convert like measurement units within a given measurement system.

Standard 12 Standard 13 Geometric measurement: understand concepts of volume.

Standards 14-15 Identify points on the coordinate plane to solve real-world and mathematical problems.

Standards 16 Classify two-dimensional figures into categories based on the number of angles.

Standards 17-18 Create numerical expressions.

A.M.5.1

Use manipulatives and standard numbers to create numerical expressions (e.g. 1 + 2 = 3).

Analyze patterns and relationships.

A.M.5.2

Identify and extend numerical patterns.

Understand the place value system.

A.M.5.3

Identify hundreds place and read orally numbers with digits in hundreds, tens and ones places.

A.M.5.4

Identify the tens column in a 100’s chart and color the numbers representations of 10, 20, 30, etc.

A.M.5.5

Compare whole numbers up to 100 identifying greater and less than.

A.M.5.6

Round two-digit whole numbers to the nearest 10 from 0-100.

Perform operations with multi-digit whole numbers.

A.M.5.7

Multiply whole numbers up to 5 x 5.

A.M.5.8

Using manipulatives, identify the concept of division of whole numbers using equal shares.

A.M.5.9

Using manipulatives, identify the concept of division of whole numbers using equal shares.

Number and Operations - Fractions Identify fractions of halves and fourths.

A.M.5.10

Use models to add halves and/or fourths. Identify models of thirds and tenths.

Recognize the denominator as the equal parts of a fraction.

A.M.5.11

Determine the number of equal parts as the denominator in a fraction.

Convert like measurement units within a given measurement system.

A.M.5.12

Identify centimeters and meters as units of measure.

A.M.5.13

Use a number line with only whole numbers indicated to identify where ½s and 1/4s are located.

Geometric measurement: understand concepts of volume.

A.M.5.14

Sort common three-dimensional shapes such as cube, cone, sphere.

A.M.5.15

Measure volume by counting unit cubes.

Identify points on the coordinate plane to solve real-world and mathematical problems.

A.M.5.16

Identify locations of objects placed on a coordinate plane.

Classify two-dimensional figures into categories based on the number of angles.

A.M.5.17

Understand that all two-dimensional shapes have names based on the number angles.

A.M.5.18

Sort two-dimensional figures and identify the attributes they have in common.

Alternate Academic Achievement Standards for Mathematics – Grade 6 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students in sixth grade will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from fifth grade, the following chart represents the concepts that will be developed in mathematics in sixth grade:

Ratios and Proportional Reasoning Understand ratios and rates, and solve problems involving proportional relationships (e.g., a pair of gloves or a pair of shoes for each person; nine baseball players on one team, etc.)

Determine how much chocolate will each person get if 3 people share 1/2 lb of chocolate equally.

Understand that positive and negative numbers are used together to describe quantities having opposite directions or values (e.g., temperature above/below zero).

Apply the properties of addition to identify equivalent expressions. (e.g., 3 + y = 5 + 3).

Recognize that “Jane has 6 apples and receives some more apples. She now has 8 apples. How many apples did she receive?” is equivalent to 6 + A = 8).

Determine the area of a rectangle by counting unit squares. Symbolically represent this situation. (e.g., given two rows of five square units, write 2 x 5 = 10).

Using manipulatives, solve real-world and mathematical problems about volume. (e.g., compare the amount of beans/water/rice in two different containers).

Given a graph of student heights, determine the tallest student).

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Ratios and Proportional Relationships Understand ratio concepts and use ratio reasoning to solve problems.

Apply and extend previous understandings of multiplication and division to fractions.

Compute with multi-digit numbers and find common multiples.

Standards 5-6 Apply and extend previous understandings of numbers to integers.

Standards 7-9 Apply and extend previous understandings of arithmetic to algebraic expressions.

Standards 10-11 Reason about and solve one-variable equations.

Standards 12-14 Solve real-world and mathematical problems involving area, surface area, and volume.

Standards 15-18 Develop understanding of statistical variability.

Standards 19 Summarize and describe distributions.

Standards 20 Ratios and Proportional Relationships Understand ratio concepts and use ratio reasoning to solve problems.

A.M.6.1

Use manipulatives to demonstrate ratios, such as two-to-one correspondence (e.g., a pair of gloves or a pair of shoes for each person; nine baseball players on one team).

A.M.6.2

Identify ratios, such as two-to-one correspondence (e.g., a pair of gloves or a pair of shoes for each person; nine baseball players on one team).

A.M.6.3

Using measurement tools, determine what fractional parts make a whole (e.g., four ¼ cups make 1 cup; two ½ cups make 1 cup).

Apply and extend previous understandings of multiplication and division to fractions.

A.M.6.4

Use visual fraction models to compare unit fractions with denominators of 2, 3, 4, and 10. Given a story context, a whole number, and a unit fraction, the student will be able to use division (e.g., How much chocolate will each person get if 3 people share 1/2 lb. of chocolate equally?)

Compute with multi-digit numbers and find common multiples.

A.M.6.5

Add, subtract, multiply, and divide whole numbers to 100 and simple decimal problems using a calculator (e.g., 0.2 + 0.3 = 0.5 The focus is on correctly entering decimal amounts into a calculator – understanding that the decimal is significant.).

A.M.6.6

Using multiple strategies, create or provide a list of multiples for 2, 3, 4, 5, & 10, and then identify the least common multiple.

Apply and extend previous understandings of numbers to integers A.M.6.7 Use a number line with only integers indicated to identify a given positive or negative integer.

A.M.6.8

Recognize that negative integers are smaller than positive integers. Use integers to describe real-world situations (e.g., -$5 indicates that five dollars is owed).

A.M.6.9

Solve real-world and mathematical problems by graphing points in Quadrant I of the coordinate plane (e.g., Identify how to locate a point, give coordinates, and then graph the point.).

Apply and extend previous understandings of arithmetic to algebraic expressions.

A.M.6.10

Write, read, and evaluate expressions with and without an unknown (e.g., 3 + y; e.g., 2 + 3 + x ).

A.M.6.11

Apply the properties of addition to identify equivalent expression (e.g., 3 + y = 5 + 3).

Reason about and solve one-variable equations.

A.M.6.12

Match an equation to a real-world problem in which unknowns are used to represent numbers (e.g., Jane has 6 apples and receives some more apples. She now has 8 apples. How many apples did she receive? is equivalent to 6 + = 8).

A.M.6.13

Match an equation to a real-world problem in which a variable is used to represent an unknown number (e.g., Jane has 6 apples and receives some more apples. She now has 8 apples. How many apples did she receive? is equivalent to 6 + A = 8).

A.M.6.14

Solve an equation to a real-world problem in which unknowns which could be a symbol or a variable are used to represent numbers (e.g., John has 12 blocks and receives some more blocks. He now has 20 blocks. How many apples did she receive? is equivalent to 12 + = 20).

Solve real-world and mathematical problems involving area, surface area, and volume.

A.M.6.15

Determine the area of a rectangle by counting unit squares. Symbolically represent this situation. (e.g., given two rows of five square units, write 2 x 5 = 10). Using manipulatives, solve real-world and mathematical problems about area using unit squares.

A.M.6.16

Use manipulatives to solve real-world and mathematical problems about volume (e.g., compare the amount of beans/water/rice in two different containers).

A.M.6.17

Given a rectangle, triangle, or square drawn in quadrant one, identify the length of a horizontal or vertical side by counting boxes.

A.M.6.18

Given nets of a cube and rectangular prism, create and identify the solid, count squares to count the surface area.

Develop understanding of statistical variability.

A.M.6.19

Interpret data from a graph or table that shows variability in the data (e.g., given a graph of student heights, determine the tallest student).

Summarize and describe distributions.

A.M.6.20

Display data on a graph and/or table that shows variability in the data (e.g., create a table and/or graph of daily high temperature for a week).

A.M.6.21

Given data displayed in a graph or table, determine the mean of the data. Instructional Note: Limit to 3 to 5 items.

Alternate Academic Achievement Standards for Mathematics – Grade 7 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students in seventh grade will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from sixth grade, the following chart represents the concepts that will be developed in mathematics in seventh grade:

Ratios and Proportional Reasoning Given that one bag of pretzels cost two quarters or $.50, determine the cost of three bags of pretzels).

Given a sequence such as 2, 5, 8, 11, …., determine the next number and/or describe the pattern).

Represent symbolically and solve real-world problems involving either addition, subtraction, multiplication, or division problems of whole numbers, decimals, and fractions with like denominators (halves, thirds, fourths, and tenths) using concrete objects and/or a calculator.

Represent and solve one-step real-life and mathematical problems that involve combining positive and negative integers (e.g., $20 + -$5 = $15 represents that if Jane had $20 and spent $5, she now has $15).

Match two similar geometric shapes in the same orientation.

Write and simplify expressions to find the perimeter of rectangles (e.g., given a rectangle with dimensions identified, find the perimeter by writing and simplifying 3 + 5 + 3 + 5 = 16 inches).

Use the area formula to determine the area of a rectangle and solve real-world and mathematical problems using concrete items or calculator.

Given a weather forecast, determine if it is likely to rain.

Compare two sets of data within a single data display such as a picture graph, line plot, or bar graph. (Identify more, less, equal, minimum and maximum).

Gather, organize, and display data on a graph, table, or chart and make predictions from the data.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Ratios and Proportional Relationships Analyze proportional relationships and use them to solve real-world and mathematical problems.

Apply and extend previous understandings of operations with fractions to add, subtract, multiply, and divide rational numbers.

Standards 4-6 Use properties of operations to generate equivalent expressions.

Standards 7-8 Solve real-life and mathematical problems using numerical and algebraic expressions and equations.

Draw, construct and describe geometrical figures and describe the relationships between them.

Standards 11-13 Solve real-life and mathematical problems involving area and volume.

Standards 14-15 Use random sampling to draw inferences about a population.

Draw informal comparative inferences about two populations.

Investigate chance processes and develop, use, and evaluate probability models.

Standards 21-24 Ratios and Proportional Relationships Analyze proportional relationships and use them to solve real-world and mathematical problems.

A.M.7.1

Use a ratio to model a relationship.

A.M.7.2

Using manipulatives or real-world object, decide whether two quantities are in a proportional relationship (e.g., two red blocks and one yellow block is proportional to 4 red blocks and two yellow blocks).

A.M.7.3

Use proportional relationships to solve real-world problems (e.g., given one bag of pretzels cost two quarters or $.50, determine the cost of three bags of pretzels).

Apply and extend previous understandings of operations with fractions to add, subtract, multiply, and divide rational numbers.

A.M.7.4

Apply an understanding of rational numbers.

Using visual and/or symbolic representations, add fractions with like denominators (halves, thirds, fourths, and tenths) with sums less than or equal to one.

Using manipulatives and visual and/or symbolic representations (a horizontal or vertical number line diagram), combine integers. Instructional Note: Limit integers to -5 to 5 (e.g., If money spent is represented by negative numbers, spending $2 and then spending $3 means that $5 has been spent and recognizing that this can be written as -2 + -3 = -5).

Recognize patterns in arithmetic sequences of whole numbers (e.g., Given a sequence such as 2, 5, 8, 11, …., determine the next number and/or describe the pattern).

A.M.7.5

Solve addition, subtraction, multiplication, and division problems involving whole numbers, decimals, and fractions with like denominators (halves, thirds, fourths, and tenths) using concrete objects and/or a calculator.

A.M.7.6

Represent symbolically and solve real-world problems involving either addition, subtraction, multiplication, or division problems of whole numbers, decimals, and fractions with like denominators (halves, thirds, fourths, and tenths) using concrete objects and/or a calculator.

Use properties of operations to generate equivalent expressions.

A.M.7.7

Apply the properties of addition or multiplication to identify equivalent expressions (e.g., 10 + 4 = 4 + 10, or 2 + 3 + 4 = 3 + 2 + 4 or 3 x 7 = 7 x 3).

A.M.7.8

Understand that equivalent expressions can be written in different forms (e.g., 9 + 7 = 10 + 6).

Solve real-life and mathematical problems using numerical and algebraic expressions and equations.

A.M.7.9

Represent and solve one-step real-life and mathematical problems that involve combining positive and negative integers (e.g., $20 + -$5 = $15 represents that if Jane had $20 and spent $5, she now has $15).

A.M.7.10

Write, read, and/or solve one-step addition, subtraction, and multiplication equations for an unknown whole number, with a variable standing for the unknown. (e.g., 3 + c = 5)

Draw, construct and describe geometrical figures and describe the relationships between them.

A.M.7.11

Understand and describe geometrical figures and the relationship between them.

Match two similar geometric shapes in the same orientation.

Write and simplify expressions to find the perimeter of rectangles (e.g., given a rectangle with dimensions identified, find the perimeter by writing and simplifying 3 + 5 + 3 + 5 = 16 inches).

A.M.7.12

Draw (freehand, with ruler and protractor, and with technology) a triangle, square, or rectangle with given conditions (e.g., draw a square with side length 3 in. and height 5 in.). Given a shape (triangle, square, or rectangle), identify the dimensions.

A.M.7.13

Using appropriate modeling or technology, identify the two-dimensional figures that result from slicing three-dimensional figures, as in plane sections of right rectangular prisms and a triangular prism.

Solve real-life and mathematical problems involving area and volume.

A.M.7.14

Use the area formula to determine the area of a rectangle and solve real-world and mathematical problems using concrete items or calculator.

A.M.7.15

Use manipulatives, decompose right rectangular prisms into unit cubes to determine its volume (e.g., given a 2 x 3 x 3 rectangular prism composed of unit cubes, determine that it is composed of 18 unit cubes).

Use random sampling to draw inferences about a population.

A.M.7.16

Given data displayed in a graph or table, determine the median and the mean of the data. Instructional Note: Limit data set to 3 or 5 items.

A.M.7.17

Interpret the collected data from an experiment, given a model of data, or from data collected by the student.

Draw informal comparative inferences about two populations.

A.M.7.18

Summarize numerical data sets in relation to their context, such as by:

Reporting the number of observations.

Identifying the minimum value, the maximum value, and the median. Instructional Note: Data sets should consist of 3 or 5 items.

Identifying the nature of the attribute under investigation, including how it was measured and its units of measurement.

A.M.7.19

Recognize that two numerical data distributions with similar variabilities can be represented on the same picture graph, line plot, or bar graph.

A.M.7.20

Compare two sets of data within a single data display such as a picture graph, line plot, or bar graph (e.g., identify more, less, equal, minimum and maximum).

Investigate chance processes and develop, use, and evaluate probability models.

A.M.7.21

Describe the probability of events occurring as likely or unlikely.

A.M.7.22

Approximate the likelihood of an event based on its probability (e.g., given a weather forecast, determine if it is likely to rain).

A.M.7.23

Compare experimental and theoretical probabilities:

Determine the probability of simple events (e.g., rolling a die; flipping a coin)

Approximate the probability of a chance event by collecting data on the chance process that produces it and observing the outcomes (i.e. flipping a coin - Do the outcomes for the flipping a coin appear to be equally likely based on the observed outcome?).

A.M.7.24

Gather, organize, and display data on a graph, table, or chart and make predictions from the data.

Alternate Academic Achievement Standards for Mathematics – Grade 8 The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students in eighth grade will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from seventh grade, the following chart represents the concepts that will be developed in mathematics in eighth grade:

Express a fraction with a denominator of 100 as a decimal.

Compare quantities represented as decimals in real-world examples to hundredths.

Determine the amount of money that John and Mary have together if John has $0.25 and Mary has $0.30.

Given a table of values depicting a proportional relationship or an arithmetic sequence, determine missing values.

Functions Given the initial number 2 and the rule “add 3,” generate 2, 5, 8, 11… Given a table or function rule and the input value, determine the output.

Given a linear function represented by a table, answer questions (e.g., given a table, find the cost of 3 shirts.)

Recognize translations, rotations, and reflections of shapes.

Compare and contrast two different tables or graphs (e.g., menus, student schedules, price charts, temperature charts).

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Understand the relationship between fractions and decimals.

Work with exponents and decimals.

Standards 2-5 Understand the connections between proportional relationships and lines.

Standards 6-7 Analyze and solve linear equations.

Standard 8 Functions Define, evaluate, and compare functions.

Use functions to model relationships between quantities.

Standards 11-12 Understand congruence and similarity using physical models, transparencies, or geometry software.

Solve real-world and mathematical problems involving cylinders, cones, and spheres.

Standard 16 Investigate patterns of association in bivariate data.

Standard 17 Number System Understand the relationship between fractions and decimals.

A.M.8.1

Demonstrate an understanding of the relationship between fractions and decimals.

Express a fraction with a denominator of 100 as a decimal.

Compare quantities represented as decimals in real-world examples to hundredths.

Express unit fractions as decimals (1/2, 1/4, and 1/10)

Work with exponents and decimals.

A.M.8.2

Identify the meaning of an exponent (e.g., 42 means 4 x 4). Instructional Note: Limit to exponents of 2 and 3.

A.M.8.3

Generate equivalent numerical expressions to determine the value of numerical expressions consisting of the square or cube of a whole number less than or equal to 10. (e.g., 52 = 5 x 5 = 25).

A.M.8.4

Compose, decompose, and make observations of whole numbers up to 999 (e.g., 345=300+40+5; 25 is more than 20 but less than 30; use manipulatives to show that 5 is made up of five single units).

A.M.8.5

Perform operations with numbers involving decimals and in context (e.g., John has $0.25 and Mary has $0.30, how much money do they have altogether?). Use decimal notation to compare amounts to determine very large or very small quantities (e.g., identify that $25.00 is very large and $2.50 is very small and $0.25 is smallest) and that the unit of measurement is the same.

Understand the connections between proportional relationships and lines.

A.M.8.6

Recognize and represent proportional relationships between quantities on graphs. In real world problem situations, decide whether two quantities are in a proportional relationship (e.g. If Dan walks one block each morning, how many blocks does he walk in one week?).

A.M.8.7

Given a table of values depicting a proportional relationship or an arithmetic sequence, determine missing values.

Analyze and solve linear equations.

A.M.8.8

Use linear equations in problem solving.

Given a real-world problem situation, write, read, and/or solve one-step addition and subtraction equations for an unknown whole number and/or decimal money amounts, with a variable standing for the unknown (e.g., $20- c = $13 How much did I spend?). Instructional Note: Focus on money.

Given a one-step addition or subtraction equation with two unknowns, create true statements (e.g., given x + y = 7, create statements such as 2 + 5 = 7 and 3 + 4 = 7). Instructional Note: Limit to whole numbers.

Solve simple one-step word problems involving multiplication that have whole numbers or fractional remainders and understand what the fractional remainder means (e.g., Molly and her friend have 13 cookies and want to equally distribute the cookies between them, how much would each person get and how many are left over?).

Match two-step word problems posed with whole numbers and having whole-number answers using the four operations with the correct symbolic representation (e.g., two times a number plus one equals five matches 2 x b + 1 = 5).

Functions Define, evaluate, and compare functions.

A.M.8.9

Generate an arithmetic sequence given a rule (e.g., given the initial number 2 and the rule “add 3,” generate 2, 5, 8, 11…). Given a table or function rule and the input value, determine the output.

A.M.8.10

Given graphical representations, determine if the graph is a straight line or not a straight line (staying within Quadrant I).

Use functions to model relationships between quantities A.M.8.11 Given a linear function represented by a table, answer questions (e.g., Given a table, find the cost of 3 shirts.)

Shirts $6 $12 $18 $24 A.M.8.12 Demonstrate an understanding of an increase or decrease on a graph.

Understand congruence and similarity using physical models, transparencies, or geometry software.

A.M.8.13

Recognize translations, rotations, and reflections of shapes.

A.M.8.14

Identify shapes that are congruent. Instructional Note: Shapes are not required to be in the same orientation.

A.M.8.15

Identify shapes that are similar. Instructional Note: Shapes are not required to be in the same orientation.

Solve real-world and mathematical problems involving cylinders, cones, and spheres.

A.M.8.16

Identify attributes of and/or real-world situations involving cones, cylinders, and spheres.

Investigate patterns of association in bivariate data.

A.M.8.17

Compare and contrast two different tables or graphs (e.g., menus, student schedules, price charts, temperature charts).

Alternate Academic Achievement Standards for Mathematics – High School Mathematics At the high school level, the standards are organized by conceptual category (number and quantity, algebra, functions, geometry, modeling and probability and statistics), showing the body of knowledge students should learn in each category. There are two distinct course sequence pathways of the high school standards for the mathematics progression in grades 9-11:

The Integrated Pathway with a course sequence of Math I, Math II, and Math III, each of which includes number, algebra, geometry, probability and statistics; and The Traditional Pathway with a course sequence of Algebra I, Geometry, and Algebra II, with some data, probability and statistics included in each course.

Each pathway organizes the identical standards into courses. As a result, the mathematics standards identified in Math I, Math II and Math III are identical to the standards identified in Algebra I, Geometry and Algebra II. The content is simply grouped differently among the three years. Local Education Agencies (LEA) must choose to implement either the Integrated or Traditional Pathway. Regardless of the pathway chosen for grades 9-11, the fourth course options for all students are the same.

INTEGRATED PATHWAY

Alternate Academic Achievement Standards for Mathematics – High School Mathematics I The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from previous courses, the following chart represents the concepts that will be developed in mathematics:

Relationships between Quantities Linear Relationships Measure a pencil to the nearest inch).

Identify an algebraic expression involving at least one arithmetic operation to represent a real-world problem.

Demonstrate an understanding of terms such as “at least” and “fewer than” in solving real-world problems.

Interpret the meaning of the intersection of the two graphs.

Given a $10 off coupon, use Sales Price = Original Price – Discount to find the Sales Price).

Reasoning with Equations Demonstrate each step in solving a one or two-step equation.

After surveying students, regarding their favorite ice cream flavor, answer related questions).

Transformations Coordinates and Measurement Know the attributes of perpendicular lines, parallel lines, and line segments; angles; and circles.

Using manipulatives, translate, rotate, and/or reflect a geometric figure.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Relationships between Quantities Reason quantitatively and use units to solve problems.

Standards 5-8 Linear Relationships Standards 9-11 Standards 12-14 Standards 15-17 Standards 18-19 Standards 20-21 Compare linear and exponential models and solve problems.

Standards 22-24 Interpret expressions for functions in terms of the situation they model.

Standard 25 Reasoning with Equations Understand solving equations as a process of reasoning and explain the reasoning.

Standard 26 Summarize, represent, and interpret data on a single count or measurement variable.

Standards 27-29 Summarize, represent, and interpret data on two categorical and quantitative variables.

Standards 30-31 Distinguish between cause and effect.

Standard 32 Transformations Experiment with transformations in the plane.

Standards 33-37 Solve real-world problem situations involving parallel line segments, perpendicular line segments, angles, and circles.

Standards 38 Coordinates and Measurement Standards 39-40 Relationships between Quantities Reason quantitatively and use units to solve problems.

A.M.1HS.1

Express quantities to the appropriate precision of measurement (e.g., measure a pencil to the nearest inch).

A.M.1HS.2

Define appropriate quantities for the purpose of descriptive modeling.

A.M.1HS.3

Choose the appropriate unit of measurement (e.g., determine when to use feet/inches/meter, cups/gallons/liter, ounces/pounds/gram, etc.).

A.M.1HS.4

Identify an algebraic expression involving at least one arithmetic operation to represent a real-world problem.

A.M.1HS.5

Given a real-world problem situation, write, read, and/or solve one-step addition and subtraction equations for an unknown number with a variable standing for the unknown (e.g., $8.50 + c = $12).

A.M.1HS.6

Determine solutions to equations that model real-world problem situations with two unknowns (e.g., given a set of options, find solutions for x + y = $6.25).

A.M.1HS.7

Demonstrate an understanding of terms such as “at least” and “fewer than” in solving real-world problems.

A.M.1HS.8

Solve two-step word problems, represent these problems using formulas with a letter standing for the unknown quantity.

Linear Relationships A.M.1HS.9 Interpret the meaning of a point on the graph of a linear function (e.g., on a graph of pizza purchases, trace the graph to a point and tell the number of pizzas purchased and the total cost of the pizzas).

A.M.1HS.10

Interpret the meaning of the intersection of the two graphs.

A.M.1HS.11

With the assistance of a graphing calculator and visual cue cards as needed, graph the solutions to a linear inequality in two variables as a half-plane (excluding the boundary in the case of a strict inequality) and graph the solution set to a system of linear inequalities in two variables as the intersection of the corresponding half-planes.

A.M.1HS.12

Using a calculator and a visual cue card of function rules that describe proportional relationships, solve real-world problems (e.g., Unit Cost x Number of Items = Total Cost).

A.M.1HS.13

Using a calculator and a visual cue card of function rules, solve real-world problems (e.g., given a $10 off coupon, use Sales Price = Original Price – Discount to find the Sales Price).

A.M.1HS.14

Determine the missing values in arithmetic sequences. Instructional Note: Limit the common ratio in arithmetic sequences to integers (e.g., 20, 18, 16, ___, 12, 8, … or 3, 7, 11, 15, ___, 23, …).

A.M.1HS.15

Interpret data from graphs that represent linear functions with different rates of change and interpret which has the greater rate of change. Key features include: intercepts; intervals where the function is increasing, decreasing, positive, or negative.

A.M.1HS.16

Given real-world measures, demonstrate an understanding of domains (e.g., there are seven days in a week; twelve months in a year; twelve inches in a foot).

A.M.1HS.17

Calculate and interpret the rate of change of a function presented as a table (e.g., the following table has a rate of change of -2).

Money Remaining $20 $18 $16 $14 A.M.1HS.18 With the assistance of a graphing calculator and visual cue cards as needed, graph functions expressed symbolically and show key features of the graph. Instructional Note: Focus on linear functions.

A.M.1HS.19

Identify information for two functions represented in different tables (e.g., Store A’s Discount Table and Store B’s Discount Table).

A.M.1HS.20

Given a linear function represented by a table, determine the rate of change and add additional values to extend the table. $0.00 $0.50 $1.00 $1.50 $2.00 A.M.1HS.21 Determine the common ratio in arithmetic sequences (e.g., recognize that “down 2” would describe the common ratio for a sequence such as 20, 18, 16, 14, 12,… and write it as -2).

Compare linear and exponential models and solve problems.

A.M.1HS.22

Given a graph, distinguish between linear functions and exponential functions.

A.M.1HS.23

From a given list recognize linear and exponential functions, including arithmetic sequences, given a graph, a description of a relationship, or two input-output pairs (include reading these from a table).

A.M.1HS.24

Given two tables representing linear real-world function, determine which is increasing at a greater rate.

Interpret expressions for functions in terms of the situation they model.

A.M.1HS.25

Interpret the parameters in a linear function in terms of a context. Instructional Note: Limit to linear functions.

Reasoning with Equations Understand solving equations as a process of reasoning and explain the reasoning.

A.M.1HS.26

Demonstrate each step in solving a one or two step equation.

Summarize, represent, and interpret data on a single count or measurement variable.

A.M.1HS.27

Represent data with dot plots on a number line.

A.M.1HS.28

Given a dot plot, identify the maximum value, the minimum value, and the mode.

A.M.1HS.29

Interpret differences in graphs of data sets.

Summarize, represent, and interpret data on two categorical and quantitative variables.

A.M.1HS.30

Sort data or objects according to characteristics, similarities, and/or associations. Interpret frequencies in the context of the data (e.g., after surveying students, regarding their favorite ice cream flavor, answer related questions).

A.M.1HS.31

Represent data of frequency using tally charts in real world situations.

Distinguish between cause and effect.

A.M.1HS.32

Transformations Experiment with transformations in the plane.

A.M.1HS.33

Know the attributes of perpendicular lines, parallel lines, and line segments; angles; and circles.

A.M.1HS.34

Using manipulatives, translate, rotate, and/or reflect a geometric figure.

A.M.1HS.35

Given a rectangle, parallelogram, trapezoid, or regular polygon manipulative, recognize the rotations and reflections that carry it onto itself.

A.M.1HS.36

Recognize that a geometric shape and its translated/rotated/reflected shape are congruent.

A.M.1HS.37

Trace a given geometric shape to demonstrate translation, rotation, and/or reflection.

Solve real-world problem situations involving parallel line segments, perpendicular line segments, angles, and circles.

A.M.1HS.38

From a list of examples, identify perpendicular line segments, parallel line segments, angles, and circles. Introduce real world situations involving perpendicular line segments, parallel line segments, angles, and circles (e.g., intersecting or parallel streets).

Coordinates and Measurement A.M.1HS.39 A.M.1HS.40 Find perimeters and areas of squares and rectangles to solve real-world problems.

Alternate Academic Achievement Standards for Mathematics – High School Mathematics II The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from previous courses, the following chart represents the concepts that will be developed in mathematics:

Extending the Number System Solve addition, subtraction, multiplication, and division real-world problems involving whole numbers and decimals (i.e., money) using visuals and/or a calculator.

Given a real-world situation, complete a given table.

Given a real world problem and a choice of two algebraic expressions involving arithmetic operations, identify the algebraic expression that models the situation.

Given that Jan has $10 and buys a loaf of bread for $2 and a gallon of milk, if she now has $5, determine the cost of the milk.

Make predictions involving real world cause-and-effect situations.

Similarity, Parallel Lines, and Coordinates Measurement and Volume Given two figures, decide if they are similar.

Given a list of volume formulas for cylinders, pyramids, cones and spheres identify the correct formula to solve real-world problems.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Extending the Number System Apply operations of rational numbers to solve problems.

Standards 2-3 Standard 5 Construct and compare linear models and solve problems.

Standard 6 Standard 7 Standard 8 Standard 11 Make predictions.

Standards 12-13 Standard 14 Similarity, Parallel Lines, and Coordinates Understand similarity in terms of similarity transformations.

Standard 15 Identify congruent angles.

Standard 16 Use coordinates to partition line segments.

Standard 17 Measurement and Volume Use measurement and volume formulas to solve problems.

Standards 18-19 Relationships between Quantities Apply operations of rational numbers to solve problems.

A.M.2HS.1

Solve addition, subtraction, multiplication, and division real-world problems involving whole numbers and decimals (i.e., money) using visuals and/or a calculator.

A.M.2HS.2

Given a linear function represented by a table, determine the rate of change and find missing value. For example: $5 $7 $11 $13 A.M.2HS.3 Given a real-world function, find the possible values of the domain (e.g., Could you work 10 days a week? How many days a week can you work?).

Analyze representation of functions.

A.M.2HS.4

Compare two functions represented in different tables (e.g., Store A’s Discount Table and Store B’s Discount Table) to answer questions.

A.M.2HS.5

Given a real-world situation, complete a given table. For example:

Construct and compare linear models and solve problems.

A.M.2HS.6

Given two tables representing linear real-world function, determine which is increasing at a greater rate.

A.M.2HS.7

Given a real-world problem and a choice of two algebraic expressions involving arithmetic operations, identify the algebraic expression that models the situation.

A.M.2HS.8

Solve an algebraic expression involving arithmetic operations to represent a real-world problem (e.g., Jan has $10. She buys a loaf of bread for $2 and a gallon of milk. She now has $5. What is the cost of the milk?)

A.M.2HS.9

Determine solutions to equations that model real-world problem situations with two unknowns (e.g., given a set of options, find solutions for x + y + $2 = $6.25).

A.M.2HS.10

Solve multi-step word problems, represent these problems using formulas with a letter standing for the unknown quantity. Assess the reasonableness of answers.

A.M.2HS.11

Given choices and use of a calculator, solve quadratic equations in one variable by inspection (e.g., for x² = 49).

Make predictions.

A.M.2HS.12

Make predictions involving real world cause-and-effect situations.

A.M.2HS.13

Recognize that two events A and B are independent.

A.M.2HS.14

Use probabilities to make fair decisions in real world situations (e.g., drawing by lots or using a random number generator).

Similarity, Parallel Lines, and Coordinates Understand similarity in terms of similarity transformations.

A.M.2HS.15

Given two figures, decide if they are similar.

Identify congruent angles.

A.M.2HS.16

Given parallel lines cut by a transversal, identify congruent angles.

Use coordinates to partition line segments.

A.M.2HS.17

From a list of several examples of points on a directed line segment between two given points, determine which one partitions the segment in a given ratio. Limit to halves and thirds.

Measurement and Volume Use measurement and volume formulas to solve problems.

A.M.2HS.18

A.M.2HS.19

Given a list of volume formulas for cylinders, pyramids, cones, and spheres identify the correct formula to solve real-world problems.

Alternate Academic Achievement Standards for Mathematics – High School Mathematics III The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from previous courses, the following chart represents the concepts that will be developed in mathematics:

Linear and Polynomial Relationships Test predictions involving real-world events (e.g., experimental probability).

Given a weather forecast, determine if it is likely to rain and make appropriate real-world choices.

Identify an algebraic expression involving arithmetic operations to represent a real-world problem.

Mathematical Modeling Compare and contrast Store A’s Discount Table and Store B’s Discount Table to answer questions.

Given a real-world situation, complete a given table to answer questions.

Interpret a scale model (e.g., locate specific rooms on a diagram of the school).

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Summarize, represent, and interpret data on a single count or measurement variable.

Standards 2-3 Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

Standards 4-6 Standards 7-8 Linear and Polynomial Relationships Standard 9 Apply rational expressions.

Standard 10 Represent and solve equations graphically.

Standard 11 Mathematical Modeling Standards 12-13 Standard 14 Standard 15 Standard 16 Visualize relationships between two dimensional and three-dimensional objects.

Standard 17 Standards 18-19 Summarize, represent, and interpret data on a single count or measurement variable.

A.M.3HS.1

Test predictions involving real-world events (e.g., experimental probability).

A.M.3HS.2

Approximate the likelihood of an event based on its probability (e.g., given a weather forecast, determine if it is likely to rain) and make appropriate real-world choices.

A.M.3HS.3

Revise original predictions if necessary when predicting real-world events.

Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

A.M.3HS.4

Draw conclusions from a given representation of data in real world situations.

A.M.3HS.5

Use data from a survey to make assumptions about a larger population (e.g., from a survey about favorite color given to a small number of students in a school, assume that the results hold for the school).

A.M.3HS.6

Use data from a randomized experiment to make real world predictions.

A.M.3HS.7

Use probabilities to make fair decisions.

A.M.3HS.8

Analyze decisions and outcomes based on probability concepts.

Linear and Polynomial Relationships A.M.3HS.9 Identify an algebraic expression involving arithmetic operations to represent a real-world problem.

Apply rational expressions.

A.M.3HS.10

In real world problem situations, combine mixed numbers (i.e., recipes). Instructional Note: Limit to halves.

Represent and solve equations graphically.

A.M.3HS.11

Interpret the meaning of the intersection of the two graphs. Instructional Note: Include linear and polynomial functions.

Mathematical Modeling A.M.3HS.12 Create linear equations and inequalities in one variable and use them to solve problems.

A.M.3HS.13

Create linear equations in two variables to represent relationships between quantities and graph equations on coordinate axes with labels and scales.

A.M.3HS.14

Given real-world measures, demonstrate an understanding of domains and list possible values of domains.

A.M.3HS.15

Compare and contrast two functions represented in different tables or graphs (e.g., Store A’s Discount Table and Store B’s Discount Table) to answer questions.

A.M.3HS.16

Given a real-world situation, complete a given table to answer questions. For example:

Visualize relationships between two dimensional and three-dimensional objects.

A.M.3HS.17

Identify the shapes of two-dimensional cross-sections of three-dimensional objects.

A.M.3HS.18

Use properties of geometric shapes to describe real world objects.

A.M.3HS.19

Sketch a scale model using graph paper as needed (e.g., the layout of their house).

Interpret a scale model (e.g., locate specific rooms on a diagram of the school).

TRADITIONAL PATHWAY

Alternate Academic Achievement Standards for Mathematics – High School Algebra I The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from previous courses, the following chart represents the concepts that will be developed in mathematics:

Relationships between Quantities and Reasoning with Equations Linear and Exponential Relationships Measure a pencil to the nearest inch.

Identify an algebraic expression involving at least one arithmetic operation to represent a real-world problem.

Demonstrate an understanding of terms such as “at least” and “fewer than” in solving real-world problems.

Interpret the meaning of the intersection of the two graphs.

Given a $10 off coupon, use Sales Price = Original Price – Discount to find the Sales Price).

After surveying students regarding their favorite ice cream flavor, answer related questions).

Given a real-world problem and a choice of two algebraic expressions involving arithmetic operations, identify the algebraic expression that models the situation.

Given that Jan has $10 and buys a loaf of bread for $2 and a gallon of milk, if she now has $5, determine the cost of the milk.

Solve addition, subtraction, multiplication, and division real-world problems involving whole numbers and decimals (i.e., money) using visuals and/or a calculator.

Compare Store A’s Discount Table and Store B’s Discount Table to answer questions.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Relationships between Quantities and Reasoning with Equations Reason quantitatively and use units to solve problems.

Standards 5-8 Understand solving equations as a process of reasoning and explain the reasoning.

Standard 9 Linear and Exponential Relationships Standards 10-12 Standards 16-18 Standards 19-20 Standards 21-22 Construct and compare linear models and solve problems.

Standards 23-25 Interpret expressions for functions in terms of the situation they model.

Standard 26 Summarize, represent, and interpret data on a single count or measurement variable.

Standards 27-29 Summarize, represent, and interpret data on two categorical and quantitative variables.

Standards 30-31 Distinguish between cause and effect.

Standard 32 Interpret the structure of equations.

Standard 33 Standard 34 Standard 35 Use properties of rational and irrational numbers.

Standard 37 Standard 38 Standard 39 Relationships between Quantities and Reasoning with Equations Reason quantitatively and use units to solve problems.

A.M.A1HS.1

Express quantities to the appropriate precision of measurement (e.g., measure a pencil to the nearest inch).

A.M.A1HS.3

Choose the appropriate unit of measurement (e.g., determine when to use feet/inches/meter, cups/gallons/liter, ounces/pounds/gram, etc.).

A.M.A1HS.4

Identify an algebraic expression involving at least one arithmetic operation to represent a real-world problem.

A.M.A1HS.5

Given a real-world problem situation, write, read, and/or solve one-step addition and subtraction equations for an unknown number, with a variable standing for the unknown (e.g., $8.50 + c = $12).

A.M.A1HS.6

Determine solutions to equations that model real-world problem situations with two unknowns (e.g., given a set of options, find solutions for x + y = $6.25).

A.M.A1HS.7

Demonstrate an understanding of terms such as “at least” and “fewer than” in solving real-world problems.

A.M.A1HS.8

Solve two-step word problems, represent these problems using formulas with a letter standing for the unknown quantity.

Understand solving equations as a process of reasoning and explain the reasoning.

A.M.A1HS.9

Demonstrate each step in solving a one or two-step equation.

Linear and Exponential Relationships A.M.A1HS.10 Interpret the meaning of a point on the graph of a linear function (e.g., on a graph of pizza purchases, trace the graph to a point and tell the number of pizzas purchased and the total cost of the pizzas).

A.M.A1HS.11

Interpret the meaning of the intersection of the two graphs.

A.M.A1HS.12

With the assistance of a graphing calculator and visual cue cards as needed, graph the solutions to a linear inequality in two variables as a half-plane (excluding the boundary in the case of a strict inequality) and graph the solution set to a system of linear inequalities in two variables as the intersection of the corresponding half-planes.

A.M.A1HS.13

Using a calculator and a visual cue card of function rules that describe proportional relationships, solve real-world problems (e.g., Unit Cost x Number of Items = Total Cost).

A.M.A1HS.14

Using a calculator and a visual cue card of function rules, solve real-world problems (e.g., given a $10 off coupon, use Sales Price = Original Price – Discount to find the Sales Price).

A.M.A1HS.15

Determine the missing values in arithmetic sequences. Instructional Note: Limit the common ratio in arithmetic sequences to integers (e.g., 20, 18, 16, ___, 12, 8, … or 3, 7, 11, 15, ___, 23, …).

A.M.A1HS.16

Interpret data from graphs that represent linear functions with different rates of change and interpret which has the greater rate of change. Key features include: intercepts; intervals where the function is increasing, decreasing, positive, or negative.

A.M.A1HS.17

Given real-world measures, demonstrate an understanding of domains (e.g., there are seven days in a week; twelve months in a year; twelve inches in a foot).

A.M.A1HS.18

Calculate and interpret the rate of change of a function presented as a table (e.g., the following table has a rate of change of -2).

Money Remaining $20 $18 $16 $14 A.M.A1HS.19 With the assistance of a graphing calculator and visual cue cards as needed, graph functions expressed symbolically and show key features of the graph. Instructional Note: Focus on linear functions.

A.M.A1HS.20

Identify information for two functions represented in different tables (e.g., Store A’s Discount Table and Store B’s Discount Table).

A.M.A1HS.21

Given a linear function represented by a table, determine the rate of change and add additional values to extend the table. $0.00 $0.50 $1.00 $1.50 $2.00 A.M.A1HS.22 Determine the common ratio in arithmetic sequences (e.g., recognize that “down 2” would describe the common ratio for a sequence such as 20, 18, 16, 14, 12,… and write it as -2.)

Construct and compare linear models and solve problems.

A.M.A1HS.23

Given a graph, distinguish between linear functions and exponential functions.

A.M.A1HS.24

From a given list recognize linear and exponential functions, including arithmetic sequences, given a graph, a description of a relationship, or two input-output pairs (include reading these from a table).

A.M.A1HS.25

Given two tables representing linear real-world function, determine which is increasing at a greater rate.

Interpret expressions for functions in terms of the situation they model.

A.M.A1HS.26

Interpret the parameters in a linear function in terms of a context. Instructional Note: Limit to linear functions.

Summarize, represent, and interpret data on a single count or measurement variable.

A.M.A1HS.27

Represent data with dot plots on a number line.

A.M.A1HS.28

Given a dot plot, identify the maximum value, the minimum value, and the mode.

A.M.A1HS.29

Interpret differences in graphs of data sets.

Summarize, represent, and interpret data on two categorical and quantitative variables.

A.M.A1HS.30

Sort data or objects according to characteristics, similarities, and/or associations. Interpret frequencies in the context of the data (e.g., after surveying students, regarding their favorite ice cream flavor, answer related questions).

A.M.A1HS.31

Represent data of frequency using tally charts in real world situations.

Distinguish between cause and effect.

A.M.A1HS.32

Interpret the structure of equations.

A.M.A1HS.33

Given a real world problem and a choice of two algebraic expressions involving arithmetic operations, identify the algebraic expression that models the situation.

A.M.A1HS.34

Solve an algebraic expression involving arithmetic operations to represent a real-world problem (e.g., Jan has $10. She buys a loaf of bread for $2 and a gallon of milk. She now has $5. What is the cost of the milk?)

A.M.A1HS.35

Determine solutions to equations that model real-world problem situations with two unknowns (e.g., given a set of options, find solutions for x + y = $6.25).

A.M.A1HS.36

Given choices and use of a calculator, solve quadratic equations in one variable by inspection (e.g., for x² = 49).

Use properties of rational and irrational numbers.

A.M.A1HS.37

Solve addition, subtraction, multiplication, and division real-world problems involving whole numbers and decimals (i.e., money) using visuals and/or a calculator.

A.M.A1HS.38

Given a real-world function, find the possible values of the domain (e.g., Could you work 10 days a week? How many days a week can you work?).

A.M.A1HS.39

Compare two functions represented in different tables (e.g., Store A’s Discount Table and Store B’s Discount Table) to answer questions.

Alternate Academic Achievement Standards for Mathematics - High School Geometry The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from previous courses, the following chart represents the concepts that will be developed in mathematics:

Congruence, Proof, and Constructions Similarity Know the attributes of perpendicular lines, parallel lines, and line segments; angles; and circles.

Using manipulatives, translate, rotate, and/or reflect a geometric figure.

Given two figures, decide if they are similar.

Extending to Three Dimensions Coordinates, Area, and Perimeter Given a list of volume formulas for cylinders, pyramids, cones and spheres identify the correct formula to solve real-world problems.

Modeling with Geometry Use probabilities to make fair decisions in real world situations (e.g., drawing by lots or using a random number generator).

Make predictions involving real world cause-and-effect situations.

Sketch a scale model using graph paper as needed (e.g., the layout of their house).

Interpret a scale model (e.g., locate specific rooms on a diagram of the school).

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Congruence and Constructions Experiment with transformations in the plane.

Standards 1-5 Identify congruent angles.

Standard 6 Identify geometric figures.

Standard 7 Similarity Understand similarity in terms of similarity transformations.

Standard 8 Extending to Three Dimensions Use measurement and volume formulas to solve problems.

Visualize the relation between two dimensional and three-dimensional objects.

Standard 11 Standard 12 Coordinates, Area, and Perimeter Make predictions.

Standard 18 Modeling with Geometry Visualize relationships between two dimensional and three-dimensional objects and apply geometric concepts in modeling situations.

Standard 19 Congruence and Constructions Experiment with transformations in the plane.

A.M.GHS.1

Know the attributes of perpendicular lines, parallel lines, and line segments; angles; and circles.

A.M.GHS.2

Using manipulatives, translate, rotate, and/or reflect a geometric figure.

A.M.GHS.3

Given a rectangle, parallelogram, trapezoid, or regular polygon manipulative, recognize the rotations and reflections that carry it onto itself.

A.M.GHS.4

Recognize that a geometric shape and its translated/rotated/reflected shape are congruent.

A.M.GHS.5

Trace a given geometric shape to demonstrate translation, rotation, and/or reflection.

Identify congruent angles.

A.M.GHS.6

Given parallel lines cut by a transversal, identify congruent angles.

Identify geometric figures.

A.M.GHS.7

From a list of examples, identify perpendicular line segments, parallel line segments, angles, and circles. Introduce real world situations involving perpendicular line segments, parallel line segments, angles, and circles (e.g., intersecting or parallel streets).

Similarity Understand similarity in terms of similarity transformations.

A.M.GHS.8

Given two figures, decide if they are similar.

Extending to Three Dimensions Use measurement and volume formulas to solve problems.

A.M.GHS.9

A.M.GHS.10

Given a list of volume formulas for cylinders, pyramids, cones and spheres identify the correct formula to solve real-world problems.

Visualize the relation between two dimensional and three-dimensional objects.

A.M.GHS.11

Identify the shapes of two-dimensional cross-sections of three-dimensional objects.

A.M.GHS.12

Use properties of geometric shapes to describe real world objects.

Coordinates, Area, and Perimeter A.M.GHS.13 A.M.GHS.14 From a list of several examples of points on a directed line segment between two given points, determine which one partitions the segment in a given ratio. Instructional Note: Limit to halves and thirds.

A.M.GHS.15

Find perimeters and areas of squares and rectangles to solve real-world problems.

Make predictions.

A.M.GHS.16

Make predictions involving real world cause-and-effect situations.

A.M.GHS.17

Recognize that two events A and B are independent.

A.M.GHS.18

Use probabilities to make fair decisions in real world situations (e.g., drawing by lots or using a random number generator).

Modeling with Geometry Visualize relationships between two dimensional and three-dimensional objects and apply geometric concepts in modeling situations.

A.M.GHS.19

Sketch a scale model using graph paper as needed (e.g., the layout of their house).

Interpret a scale model (e.g., locate specific rooms on a diagram of the school).

Alternate Academic Achievement Standards for Mathematics - High School Algebra II The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from previous courses, the following chart represents the concepts that will be developed in mathematics:

Polynomial Relationships Identify an algebraic expression involving arithmetic operations to represent a real-world problem.

Test predictions involving real-world events (e.g., experimental probability).

Given a weather forecast, determine if it is likely to rain and make appropriate real-world choices.

Modeling with Functions Solve multi-step word problems, represent these problems using formulas with a letter standing for the unknown quantity. Assess the reasonableness of answers.

Compare and contrast Store A’s Discount Table and Store B’s Discount Table to answer questions.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Polynomial Relationships Rewrite rational expressions.

Standard 2 Standard 3 Modeling with Functions Standards 4-6 Standards 7-8 Standard 9 Standard 10 Summarize, represent, and interpret data on a single count or measurement variable.

Standard 11 Standard 12-13 Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

Standards 14-16 Standards 17-18 Polynomial Relationships A.M.A2HS.1 Identify an algebraic expression involving arithmetic operations to represent a real-world problem.

Rewrite rational expressions.

AM.A2HS.2

In real world problem situations, combine mixed numbers (i.e., recipes). Instructional Note: Limit to halves.

A.M.A2HS.3

Interpret the meaning of the intersection of the two graphs. Instructional Note: Include linear and polynomial functions.

Modeling with Functions A.M.A2HS.4 Create linear equations and inequalities in one variable and use them to solve problems.

A.M.A2HS.5

Create linear equations in two variables to represent relationships between quantities and graph equations on coordinate axes with labels and scales.

A.M.A2HS.6

Solve multi-step word problems, represent these problems using formulas with a letter standing for the unknown quantity. Assess the reasonableness of answers.

A.M.A2HS.7

Given a linear function represented by a table, determine the rate of change and find missing value. For example: $5 $7 $11 $13 A.M.A2HS.8 Given real-world measures, demonstrate an understanding of domains and list possible values of domains.

A.M.A2HS.9

Compare and contrast two functions represented in different tables (e.g., Store A’s Discount Table and Store B’s Discount Table) to answer questions.

A.M.A2HS.10

Given a real-world situation, complete a given table to answer questions. For example:

Summarize, represent, and interpret data on a single count or measurement variable.

A.M.A2HS.11

Test predictions involving real-world events (e.g., experimental probability).

A.M.A2HS.12

Approximate the likelihood of an event based on its probability (e.g., given a weather forecast, determine if it is likely to rain) and make appropriate real-world choices.

A.M.A2HS.13

Revise original predictions if necessary when predicting real-world events.

Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

A.M.A2HS.14

Draw conclusions from a given representation of data in real world situations.

A.M.A2HS.15

Use data from a survey to make assumptions about a larger population (e.g., from a survey about favorite color given to a small number of students in a school, assume that the results hold for the school).

A.M.A2HS.16

Use data from a randomized experiment to make real world predictions.

AM.A2HS.17

Use probabilities to make fair decisions.

AM.A2HS.18

Analyze decisions and outcomes based on probability concepts.

Alternate Academic Achievement Standards for Mathematics – Transition Mathematics for Seniors The West Virginia Alternate Academic Achievement Standards for Mathematics are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

All West Virginia teachers are responsible for classroom instruction that integrates content standards, mathematical habits of mind, learning skills, and technology tools. Students will continue enhancing skills in a developmentally appropriate progression of standards. Following the skill progressions from previous courses, the following chart represents the concepts that will be developed in mathematics:

Number and Quantity:

The Real Number System Algebra:

Seeing Structure in Expressions Creating Equations Reasoning with Equations and Inequalities Measure a pencil to the nearest inch).

Given that Jan has $10 and buys a loaf of bread for $2 and a gallon of milk, if she now has $5, determine the cost of the milk.

Demonstrate an understanding of terms such as “at least” and “fewer than” in solving real-world problems.

Functions:

Interpreting Functions Building Functions Geometry:

Geometric Measuring and Dimension Expressing Geometric Properties with Equations Modeling with Geometry Solve real-world problems. (e.g., Unit Cost x Number of Items = Total Cost).

Recognize that “down 2” would describe the common ratio for a sequence such as 20, 18, 16, 14, 12,… and write it as -2.

Compare and contrast Store A’s Discount Table and Store B’s Discount Table to answer questions.

Given a real-world situation, complete a given table to answer questions.

Interpret a scale model (e.g., locate specific rooms on a diagram of the school).

Statistics and Probability:

Interpreting Categorical and Quantitative Data Making Inferences and Justifying Conclusions Given a weather forecast, determine if it is likely to rain and make appropriate real-world choices.

The following Alternate Mathematics Standards will be numbered continuously. The following ranges relate to the clusters found within Mathematics:

Number and Quantity – The Real Number System Extend the properties of exponents to rational exponents.

Standard 1-2 Algebra – Seeing Structure in Expressions Standard 3 Understand the connections between proportional relationship, lines, and linear equations.

Standards 4-6 Algebra – Creating Equations Standards 7-10 Algebra – Reasoning with Equations and Inequalities Standards 11-12 Solve systems of equations.

Standard 13 Standard 14 Functions – Interpreting Functions Standard 15 Interpret functions that arise in applications in terms of the context.

Standards 16-19 Standards 20-24 Functions – Building Functions Standards 25-26 Geometry – Geometric Measuring and Dimension Use measurement to solve problems.

Geometry – Expressing Geometric Properties with Equations Standards 28-29 Geometry – Modeling with Geometry Standard 30 Statistics and Probability – Interpreting Categorical and Quantitative Data Summarize, represent, and interpret data on two categorical and quantitative variables.

Standards 31-32 Summarize, represent, and interpret data on a single count or measurement variable.

Standards 33-36 Statistics and Probability – Making Inferences and Justifying Conclusions Standard 37 Number and Quantity – The Real Number System Extend the properties of exponents to rational exponents.

A.M.TMS.1

Express quantities to the appropriate precision of measurement (e.g., measure a pencil to the nearest inch).

A.M.TMS.2

Choose the appropriate unit of measurement (e.g., determine when to use feet/inches/meter, cups/gallons/liter, ounces/pounds/gram).

Algebra – Seeing Structure in Expressions A.M.TMS.3 Solve an algebraic expression involving arithmetic operations to represent a real-world problem (e.g., Jan has $10. She buys a loaf of bread for $2 and a gallon of milk. She now has $5. What is the cost of the milk?)

Understand the connections between proportional relationship, lines, and linear equations.

A.M.TMS.4

Recognize and represent proportional relationships between quantities on graphs. In real world problem situations, decide whether two quantities are in a proportional relationship (e.g. If Dan walks one block each morning, how many blocks does he walk in one week?).

A.M.TMS.5

Given a table of values depicting a proportional relationship or an arithmetic sequence, determine missing values.

A.M.MTS.6

Given a real world problem situation, write, read, and/or solve one-step addition and subtraction equations for an unknown whole number and/or decimal money amounts, with a variable standing for the unknown (e.g., $20- c = $13 How much did I spend?). (Focus on money)

Given a one-step addition or subtraction equation with two unknowns, create true statements. (e.g., given x + y = 7, create statements such as 2 + 5 = 7 and 3 + 4 = 7) Instructional Note: Limit to whole numbers.

Solve simple one-step word problems involving multiplication that have whole numbers or fractional remainders and understand what the fractional remainder means (e.g., Molly and her friend have 13 cookies and want to equally distribute the cookies between them, how much would each person get and how many are left over?).

Match two-step word problems posed with whole numbers and having whole-number answers using the four operations with the correct symbolic representation (e.g., two times a number plus one equals five matches 2 x b + 1 = 5).

Algebra – Creating Equations A.M.TMS.7 Given a real-world problem situation, write, read, and/or solve one-step addition and subtraction equations for an unknown number, with a variable standing for the unknown (e.g., $8.50 + c = $12).

Create linear equations and inequalities in one variable and use them to solve problems.

A.M.TMS.8

Create linear equations in two variables to represent relationships between quantities and graph equations on coordinate axes with labels and scales.

A.M.TMS.9

Demonstrate an understanding of terms such as “at least” and “fewer than” in solving real-world problems.

A.M.TMS.10

Solve multi-step word problems, represent these problems using formulas with a letter standing for the unknown quantity. Assess the reasonableness of answers.

Algebra – Reasoning with Equations and Inequalities A.M.TMS.11 Demonstrate each step in solving a one or two-step equation.

A.M.TMS.12

Given choices and use of a calculator, solve quadratic equations in one variable by inspection (e.g., for x² = 49).

Solve systems of equations.

A.M.TMS.13

Interpret the meaning of the intersection of the two graphs. Instructional Note: Include linear and polynomial functions.

A.M.TMS.14

With the assistance of a graphing calculator and visual cue cards as needed, graph the solutions to a linear inequality in two variables as a half-plane (excluding the boundary in the case of a strict inequality) and graph the solution set to a system of linear inequalities in two variables as the intersection of the corresponding half-planes.

Functions – Interpreting Functions A.M.TMS.15 Using a calculator and a visual cue card of function rules that describe proportional relationships, solve real-world problems (e.g., Unit Cost x Number of Items = Total Cost).

Interpret functions that arise in applications in terms of the context.

A.M.TMS.16

Determine the common ratio in arithmetic sequences (e.g., recognize that “down 2” would describe the common ratio for a sequence such as 20, 18, 16, 14, 12,… and write it as -2.)

A.M.TMS.17

Interpret the parameters in a linear function in terms of a context. Instructional Note: Limit to linear functions.

A.M.TMS.18

Given a linear function represented by a table, determine the rate of change and find missing value (e.g., $5 $7 $11 $13 A.M.TMS.19 Given a graph, distinguish between linear functions and exponential functions.

A.M.TMS.20

Given a function rule and the input value, determine the output.

Given graphical representations determine if the graph is a straight line or not a straight line. (Staying within Quadrant I.)

A.M.TMS.21

Demonstrate an understanding of an increase or decrease on a graph.

A.M.TMS.22

With the assistance of a graphing calculator and visual cue cards as needed, graph functions expressed symbolically and show key features of the graph. Instructional Note: Focus on linear functions.

A.M.TMS.23

Given two tables representing linear real-world function, determine which is increasing at a greater rate.

A.M.TMS.24

Compare and contrast two functions represented in different tables or graphs (e.g., Store A’s Discount Table and Store B’s Discount Table) to answer questions.

Functions - Building Functions A.M.TMS.25 From a given list recognize linear and exponential functions, including arithmetic sequences, given a graph, a description of a relationship, or two input-output pairs (include reading these from a table).

A.M.TMS.26

Given a real-world situation, complete a given table to answer questions. For example:

Geometry – Geometric Measuring and Dimension Explain volume formulas and use them to solve problems.

A.M.TMS.27

Geometry – Expressing Geometric Properties with Equations Use measurement to solve problems.

A.M.TMS.28

A.M.TMS.29

Find perimeters and areas of squares and rectangles to solve real-world problems.

Geometry – Modeling with Geometry A.M.TMS.30 Use scale models to demonstrate an understanding of geometric concepts.

Sketch a scale model using graph paper as needed (e.g., the layout of their house).

Interpret a scale model (e.g., locate specific rooms on a diagram of the school).

Statistics and Probability - Interpreting Categorical & Quantitative Data Summarize, represent, and interpret data on two categorical and quantitative variables.

A.M.TMS.31

Represent data of frequency using tally charts in real world situations.

A.M.TMS.32

Sort data or objects according to characteristics, similarities, and/or associations. Interpret frequencies in the context of the data (e.g., after surveying students, regarding their favorite ice cream flavor, answer related questions).

Summarize, represent, and interpret data on a single count or measurement variable.

A.M.TMS.33

Represent data with dot plots on a number line.

A.M.TMS.34

Given a dot plot, identify the maximum value, the minimum value, and the mode.

A.M.TMS.35

Interpret differences in graphs of data sets.

A.M.TMS.36

Statistics and Probability - Interpreting Categorical & Quantitative Data Understand and evaluate random processes underlying statistical experiments A.M.TMS.37 Approximate the likelihood of an event based on its probability (e.g., given a weather forecast, determine if it is likely to rain) and make appropriate real-world choices.

West Virginia Alternate Academic Achievement Standards for Science Introduction The West Virginia Alternate Academic Achievement Standards for Science describe what students with the most significant cognitive disabilities should know and be able to do. The alternate standards are derived from the general education content standards approved by the WVBE for all students, at the same grade levels. The alternate standards provide the targets for instruction and student learning essential for success in the environments in and out of school that students with severe disabilities are likely to encounter. The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Science is the study of the structures and processes of the physical and natural world through observations and experiments. By its very nature, science embodies the doing of science and engineering practices, which builds and organizes knowledge in the form of testable explanations. The science policy describes students engaging in those practices as they acquire science knowledge and skills necessary for the furtherance of their education and general welfare.

The literacy standards are meant to complement the specific content demands of science, not replace them. West Virginia’s vision for education includes the integration of technology and skills throughout the curriculum so that all West Virginia students have the opportunity to develop skills that support achievement. Successful learning environments provide opportunities for students to use educational technology with content in relevant context.

Explanation of Terms Content Standards are broad descriptions of what students should know and be able to do in a content area. Content standards describe what students’ knowledge and skills should be at the end of a K-12 sequence of study.

Domains are the broad components that make up a content area e.g., general science; engineering technology, applications of science; life science, physical science, earth and space science, science literacy The number for each standard and objective is composed of four parts, each part separated by a period: the content area code is S for Science, the grade level or programmatic level, a capital letter or letters indicating the standard, the objective number.

Illustration: A.S.3.1 refers to Science, grade 3, standard 1.

Alternate Academic Achievement Standards for Science - Kindergarten The kindergarten alternate science standards are designed to engage students in the world around them. Kindergarten students engage in active inquiries, investigations and hands-on activities to develop understanding and research skills as described in the standards. Students use safe and proper techniques for handling, manipulating, and caring for science materials and treating living organisms humanely. Kindergarten standards include physical, life, earth and space sciences and engineering. In the kindergarten standards, students obtaining and communicating information. Engineering, Technology, and the Application of Science is integrated as students identify and define problems.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Forces and Interactions: Pushes and Pulls A.S.K.1 Explain, identify, and/or demonstrate ways (e.g., pushes and pulls) to change the movement of an object (e.g., faster, slower, stop).

Interdependent Relationship sin Ecosystems: Animals, Plants, and Their Environment A.S.K.2 Demonstrate what plants and animals (including humans) need to survive.

A.S.K.3

Identify the different kinds of animals (including humans) and the places they live (e.g., birds in nests, frogs in ponds, rabbits in holes).

Weather and Climate A.S.K.4 Identify current weather and make decisions about appropriate clothing and behaviors.

A.S.K.5

Identify a problem people want to solve that can be solved using an object or tool (e.g., using hammer to make build a house, using a can opener to open a can, staying dry when using an umbrella).

Alternate Academic Achievement Standards for Science – Grade 1 First grade alternate science standards build on the process skills and add data gathering and reporting. Through a progressive, inquiry-based program of study, students demonstrate skills in the fields of life science, physical science, and earth and space sciences. By engaging in active inquiries, investigations, and hands-on activities, students focus on the major themes of science: systems, changes, and models in order to develop conceptual understanding and research skills as described in the standards. Engineering, Technology, and the Application of Science is integrated as students identify problems. Students use safe and proper techniques for handling, manipulating, caring for science materials, and treating living organisms humanely.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Waves: Light and Sounds A.S.1.1 Conduct investigations to determine that vibrating materials can make sounds (e.g., placing a hand on a speaker and feeling the speaker vibrate, striking a drum, plucking a guitar string).

A.S.1.2

Identify which materials allow light to pass through and which do not.

Structure, Function, and Information Processing A.S.1.3 Identify ways plants and/or animals use their external parts to help them survive, grow, and/or meet their needs.

A.S.1.4

Make observations to determine that young plants and animals are like, but not exactly like, their parents (e.g., sprout and plant, puppy and dog).

A.S.1.5

Identify a problem people want to solve that can be solved using an object or tool (e.g., using hammer to build a house, using a can opener to open a can, staying dry when using an umbrella).

Alternate Academic Achievement Standards for Science – Grade 2 Second grade alternate science standards build upon the early stages of experimentation and maintenance of natural curiosity. Through an integrated approach, the inquiry-based program of study provides students opportunities to explore the fields of life science, physical science, and earth and space sciences. By engaging in active inquiries, investigations, and hands-on activities, students focus on the major themes of science: systems, changes, and models in order to develop conceptual understanding and research skills as described in the standards. Engineering, Technology, and the Application of Science is integrated as students identify problems. The content focus develops early observation and experimentation skills. Students use safe and proper techniques for handling, manipulating, and caring for science materials and living organisms.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Structure and Properties of Matter A.S.2.1 Match materials with similar physical properties (e.g., color, texture, odor, and hardness).

A.S.2.2

Determine which materials are best suited for an intended purpose (e.g., pencils to write letters, crayons to color a picture).

A.S.2.3

Recognize the change in state from liquid to solid or from solid to liquid of the same material.

Interdependent Relationships in Ecosystems A.S.2.4 Conduct an investigation to determine if plants need sunlight and water to grow.

Earth’s Systems: Processes that Shape the Earth A.S.2.5 Using a model, demonstrate how water and/or wind can change the surface of land.

A.S.2.6

Identify where water is found on Earth and that it can be solid or liquid.

A.S.2.7

Identify a problem people want to solve that can be solved using an object or tool (e.g., using hammer to build a house, using a can opener to open a can, staying dry when using an umbrella).

Alternate Academic Achievement Standards for Science – Grade 3 The third alternate grade science standards build upon experimentation skills. Through an integrated approach, the inquiry-based program of study, students investigate the fields of life science, physical science, and earth and space sciences. By engaging in active inquiries, investigations, and hands-on activities, students use research skills as described in the standards. Testing materials and developing concepts relating to physics and chemistry expand the student’s investigative abilities leading to logical conclusions. The content focus is developing observation and identification skills. The Engineering, Technology, and the Application of Science standard prompts students to investigate structures used for solving problems. Students use safe and proper techniques for handling, manipulating, and caring for science materials and treating living organisms humanely.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Forces and Interactions A.S.3.1 Investigate and identify ways to change the motion of an object (e.g., change an incline’s slope to make an object go slower, faster, farther).

A.S.3.2

Conduct an investigation to understand that magnets have an effect on some but not all materials.

A.S.3.3

Investigate uses for magnets.

Interdependent Relationships in Ecosystems A.S.3.4 Identify ways some animals (including humans) help each other survive (e.g., wolves hunt together, mommy ducks keep ducklings warm, birds squawk to alarm that predators are near).

A.S.3.5

Identify which animals survive in various ecosystems (e.g., deserts, polar areas, lakes, fields).

Inheritance and Variation of Traits: Life-Cycles and Traits A.S.3.6 Identify similarities and differences between plant and/or animal parents and their offspring (e.g., eye color, hair/fur color, height, leaf shape, and/or markings).

Weather and Climate A.S.3.7 Describe and/or compare weather conditions during a particular season.

Engineering, Technology, and Applications of Sessions A.S.3.8 Communicate how an object or structure helps it function as needed to solve a given problem (e.g., wheel, umbrella, stairs).

Alternate Academic Achievement Standards for Science – Grade 4 Fourth grade alternate science standards build on the study of geology, physical science, and life science. Through an integrated approach, the inquiry-based program of study, students investigate the fields of life science, physical science, and earth and space sciences. By engaging in active inquiries, investigations, and hands-on activities, students focus on the major themes of science: systems, changes, and models in order to develop conceptual understanding and research skills as described in the standards. Fourth grade science promotes cooperative learning, group decisions, diversity. The content focus is developing observation and identification skills. The Engineering, Technology, and the Application of Science standard prompts students to investigate structures used for solving problems. Students use safe and proper techniques for handling, manipulating, and caring for science materials and treating living organisms humanely.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Energy A.S.4.1 Conduct an investigation to determine that a bigger push or pull make things go faster.

A.S.4.2

Identify processes that transfer energy from place to place as heat, light, or sound (e.g., burning logs, beating drums, a flashlight when on).

A.S.4.3

Predict and/or identify outcomes about what will happen when objects of different sizes and traveling different speeds collide.

Waves: Waves and Information A.S.4.4 Identify amplitude and wavelength on a model and investigate changes in vibrations.

Structure, Function, and Information Processing A.S.4.5 Identify how plants and/or animals use behaviors (e.g., living in burrows, climbing trees) and how their external parts (e.g., leaves, webbed feet, wings, fur) help them survive, grow, and meet their needs.

A.S.4.6

Use a model to demonstrate that animals (including humans) receive different types of information through their senses (e.g., seeing, hearing, smelling, touching, and tasting).

Earth’s Systems: Processes that Shape the Earth A.S.4.7 Identify Earth’s features on maps (e.g., land, mountains, rivers, oceans).

A.S.4.8

Recognize the impacts of natural Earth processes on humans (e.g., rain, flooding, earthquakes, volcanoes).

A.S.4.9

Communicate how an object or structure helps it function as needed to solve a given problem (e.g., wheel. umbrella, stairs).

Alternate Academic Achievement Standards for Science – Grade 5 Fifth grade alternate science standards identify, compare, classify and explain our world. Through an integrated approach, the inquiry-based program of study, students investigate the fields of life science, physical science, and earth and space sciences. By engaging in active inquiries, investigations, and hands-on activities, students focus on the major themes of science: systems, changes, and models in order to develop conceptual understanding and research skills as described in the standards. Fifth grade science expands understanding of earth and sky, habitats of organisms, properties, positions and motions of objects and energy. Major content concepts at the fifth grade level include changes in properties of matter, structures, functions and adaptations of organisms, and the structure of the earth’s system. The Engineering, Technology, and the Application of Science standard prompts students to investigate structures used for solving problems. Students use safe and proper techniques for handling, manipulating, and caring for science materials and treating living organisms humanely.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Structure and Properties of Matter A.S.5.1 Measure and compare weights of substance before and after heating, cooling, or mixing substances to show that weight of matter is conserved.

A.S.5.2

Make observations and/or measurements to identify materials based on their properties (e.g., color, texture, odor, and hardness).

Matter and Energy in Organisms and Ecosystems A.S.5.3 Make a diagram or model to show that energy in animals’ food was once energy from the Sun.

A.S.5.4

Demonstrate that plants need air and water to grow.

A.S.5.5

Use a model to demonstrate the movement of matter (e.g., plant growth, composting, animals eating and digesting food) through living things.

Earth’s Systems A.S.5.6 Use a model to demonstrate how water (hydrosphere) affects the living things (biosphere) found in a region.

A.S.5.7

Use information to show how people can help protect the Earth’s resources and how that effects the environment.

Space Systems: Stars and the Solar System A.S.5.8 Demonstrate that the gravitational force exerted by Earth an object is directed down.

A.S.5.9

Identify patterns of daily changes in length and direction of shadows.

A.S.5.10

Communicate how an object or structure helps it function as needed to solve a given problem (e.g., wheel, umbrella, stairs).

Alternate Academic Achievement Standards for Science – Grade 6 Sixth grade alternate science standards build upon students’ science understanding from earlier grades and provide deeper understandings in six major content topics: Weather and Climate; Space Systems; Waves and Electromagnetic Radiation; Matter and Energy in Organisms and Ecosystems; Interdependent Relationships in Ecosystems; and Human Interactions. The standards blend core ideas with scientific and engineering practices and crosscutting concepts to support students in developing useable knowledge across the science disciplines. There is a focus on several scientific practices, which include using models; interpreting data; obtaining, evaluating, and communicating information; and engaging in argument from evidence. The Engineering, Technology, and the Application of Science standard is integrated as students identify solutions to problems related to the course standards. Students will engage in active inquiries, investigations, and hands-on activities as they develop and demonstrate conceptual understandings and research and laboratory skills described in the standards. Safety instruction is integrated in all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Life Science Interdependent Relationships in Ecosystems A.S.6.1 Use models of food chains/webs to identify producers and consumers in aquatic and terrestrial ecosystems.

A.S.6.2

Identify particular ecosystems where organisms can survive well or not survive.

Matter and Energy in Organisms and Ecosystems A.S.6.3 Identify how resources availability (e.g., food, water, and shelter) affects survival of a population (e.g., wildlife and plants).

A.S.6.4

Identify and/or describe how changes to an ecosystem affect (e.g., drought, flood, fire, building roads and houses) everything within the ecosystem (e.g., wildlife and plants).

Waves and Electromagnetic Radiation A.S.6.5 Use a model to show how light waves or sound waves are reflected, absorbed, or transmitted through various materials (e.g., colored glass, mirrors, water, air, walls).

Earth and Space Science Space Systems A.S.6.6 Use an Earth-Sun-Moon model to show the orbit of the moon around Earth and its cyclic patterns.

Weather and Climate A.S.6.7 Use observations of local weather conditions to describe patterns over time.

A.S.6.8

Use a model to show regional climates based on the rotation of the Earth.

Human Impacts A.S.6.9 Identify solutions to reduce the impacts of natural hazards on humans (e.g., build above a flood plain, build earth quake resistant buildings, monitor emerging alert systems).

A.S.6.10

Identify possible solutions to a problem based on how well each is likely to meet the criteria and constraints of the problem (e.g., building a road in a different place if it floods during heavy rains, planting trees to provide habitats for animals, transporting things from one place to another).

A.S.6.11

Follow 1-2 step directions when taking measurements or carrying out experiments.

A.S.6.12

Match developmentally appropriate words to domain specific definitions.

A.S.6.13

Express developmentally appropriate information visually (e.g., in a flowchart, diagram, model).

A.S.6.14

Create a picture graphic (e.g., paper and pencil, pictures from magazines) to represent developmentally appropriate discipline specific content (e.g., weather, food chain, ecosystems, erosion).

Alternate Academic Achievement Standards for Science – Grade 7 Seventh grade alternate science standards build upon students’ science understanding from earlier grades and provide deeper understandings in six major content topics: Systems; History of Earth; Energy; Forces and Interactions; Structure, Function, and Information Processing; and Human Interactions. The standards blend core ideas with scientific and engineering practices and crosscutting concepts to support students in developing useable knowledge across the science disciplines. There is a focus on several scientific practices, which include planning, and carrying out investigations; developing and using models; analyzing and interpreting data; obtaining, evaluating, and communicating information; and engaging in argument from evidence. The Engineering, Technology, and the Application of Science standard is integrated as students identify solutions to problems related to the course standards. Students will engage in active inquiries, investigations, and hands-on activities as they develop and demonstrate conceptual understandings and research and laboratory described in the standards. Safety instruction is integrated in all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Life Science Structure, Function, and Information Processing A.S.7.1 Describe how organs (e.g., heart, lungs) support the survival of animals, including humans.

A.S.7.2

Use a model to describe that animals receive different types of information through their senses, process the information in their brains, and respond to the information in different ways.

Physical Science Energy A.S.7.3 Test a device (e.g., foam, plastic, or metal container, insulated box, or thermos) to either minimize or maximize thermal energy transfer (e.g., keeping liquids hot or cold, allowing liquids to warm or cool quickly, keeping hands warm in cold temperatures).

Forces and Interactions A.S.7.4 Identify safety equipment or devices that minimize force of a collision (e.g., floor mats, helmets, steel-toed boots).

A.S.7.5

Demonstrate and/or describe the change in motion of objects based on the forces acting on those objects.

Earth and Space Sciences Earth’s Systems A.S.7.6 Use a model to describe changes within the rock cycle between igneous, metamorphic, and sedimentary rock.

A.S.7.7

Use a model to describe the changes within the water cycle.

A.S.7.8

Compare two methods people might use to help protect the Earth’s resources.

History of Earth A.S.7.9 Describe and/or illustrate how the geoscience processes (e.g., freeze-thaw, wind, rain, runoff) change the Earth’s surface (e.g., cracks, crumbling, forming creeks and rivers).

Human Impacts A.S.7.10 Illustrate human impact on the government (e.g., water, land, pollution).

A.S.7.11

Identify possible solutions to a problem based on how well each is likely to meet the criteria and constraints of the problem (e.g., building a road in a different place if it floods during heavy rains, planting trees to provide habitats for animals, transporting things from one place to another).

A.S.7.12

Follow 1-2 step directions when taking measurements or carrying out experiments.

A.S.7.13

Match developmentally appropriate words to domain specific definitions A.S.7.14 Express developmentally appropriate information visually (e.g., in a flowchart, diagram, model).

A.S.7.15

Create a picture graphic (e.g., paper and pencil, pictures from magazine) to represent developmentally appropriate discipline specific content (e.g., weather, food chain, ecosystems, erosion).

Alternate Academic Achievement Standards for Science – Grade 8 Eighth grade alternate science standards build upon students’ science understanding from earlier grades and provide deeper understandings in five major content topics: Structure and Properties of Matter; Chemical Reactions; Growth, Development, and Reproduction of Organisms; Natural Selection and Adaptations; and Human Interactions. The standards blend core ideas with scientific and engineering practices and crosscutting concepts to support students in developing useable knowledge across the science disciplines. There is a focus on several scientific practices, which include planning, and carrying out investigations; developing and using models; analyzing and interpreting data; obtaining, evaluating, and communicating information. The Engineering, Technology, and the Application of Science standard is integrated throughout instruction as students identify solutions to problems related to the course standards. Students will engage in active inquiries, investigations, and hands-on activities as they develop and demonstrate conceptual understandings and research and laboratory skills described in the standards. Safety instruction is integrated in all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Life Science Growth, Development, and Reproduction of Organism A.S.8.1 Describe how environmental resources (e.g., food, light, space, water) influence growth of organisms.

A.S.8.2

Make a claim supported by evidence that offspring inherit traits from their parents.

Natural Selection and Adaptations A.S.8.3 Identify the changes in fossils throughout the history of life on Earth.

A.S.8.4

Match particular species of plants and/or animals to their environments.

Physical Science Structure and Properties of Matter A.S.8.5 Develop models of atoms and simple molecules.

A.S.8.6

Provide examples of using natural resources to create synthetic materials and the impact on society.

A.S.8.7

Provide evidence that some changes caused by heating or cooling can be reversed and some cannot.

Chemical Reactions A.S.8.8 Interpret and analyze data on the properties (e.g., color, texture, odor, and state of matter) of substances before and after chemical changes have occurred (e.g., burning sugar or burning steel wool, rusting metals, dissolving an effervescent tablets).

Earth and Space Science Human Impact A.S.8.9 Demonstrate an understanding that an increase in human population will require more resources from the Earth.

A.S.8.10

Identify possible solutions to a problem based on how well each is likely to meet the criteria and constraints of the problem (e.g., building a road in a different place if it floods during heavy rains, planting trees to provide habitats for animals, transporting things from one place to another).

A.S.8.11

Follow 1-2 step directions when taking measurements or carrying out experiments.

A.S.8.12

Match developmentally appropriate words to domain specific definitions.

A.S.8.13

Express developmentally appropriate information visually (e.g., in a flowchart, diagram, model).

A.S.8.14

Create a picture graphic (e.g., paper and pencil, pictures from magazine) to represent developmentally appropriate discipline specific content (e.g., weather, food chain, ecosystems, erosion).

Alternate Academic Achievement Standards for Science – Grade 9 The ninth grade alternate earth and space science (ESS) course builds upon science concepts from middle school. Disciplinary core ideas, science and engineering practices, and crosscutting concepts are intertwined as students focus on five ESS content topics: Space Systems, History of Earth, Earth’s Systems, Weather and Climate, and Human Sustainability. The standards strongly reflect the many societally relevant aspects of ESS (resources, hazards, environmental impacts) with an emphasis on using engineering and technology concepts to design solutions to challenges facing human society. The Engineering, Technology, and the Application of Science standard is integrated throughout instruction as students define problems and design solutions related to the course standards. There is a focus on several scientific practices which include developing and using models, conducting investigations, analyzing and interpreting data, constructing explanations and designing solutions. Students will engage in active inquiries, investigations, and hands-on activities as they develop and demonstrate conceptual understandings and research and laboratory skills described in the standards. Safety instruction is integrated in all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Earth and Space Science Space System A.K.9.1 Use a model of the Earth-Sun-Moon system to describe the cyclic patterns of lunar phases, eclipses of the sun and moon, and seasons.

History of Earth A.K.9.2 Use a model to show how constructive forces (e.g., volcanoes) and destructive mechanisms (e.g., weathering, coastal erosions) change Earth’s surface.

Earth’s System A.K.9.3 Use evidence to support a claim that one change to Earth’s surface can cause other changes over time (e.g., clear cutting a forest will increase erosion, damming a river may stop fish migration).

A.K.9.4

Use a model to describe the effects of water on Earth’s surface (e.g., weathering, erosion, deposition, sedimentation).

Weather and Climate A.K.9.5 Using a model, demonstrate an understanding of how the effects of changes in climate can impact human lives.

Human Sustainability A.K.9.6 Demonstrate an understanding of how natural hazards have influenced human activity.

A.K.9.7

Construct an argument for a strategy to conserve, recycle, or reuse resources.

A.K.9.8

Analyze data to determine the effects of a conservation strategy on the level of a natural resource.

A.K.9.9

Identity how Earth systems being modified due to human activity (e.g., mountains removed for mining and building roads, rivers widened for boat transportation, animal populations decreased due to deforestation, fish populations decreased due to overfishing).

Earth and Space Science A.K.9.10 Generate and compare multiple possible solutions to a real-world problem based on how well each is likely to meet the criteria and constraints of the problem.

A.K.9.11

Follow procedures when taking measurements or carrying out experiments.

A.K.9.12

Identify the meaning of symbols, key terms, and other domain-specific words and phrases.

A.K.9.13

Express information visually (e.g., in a flowchart, diagram, model).

Writing: Text Types and Purpose A.K.9.14 Compare and contrast discipline-specific content using domain-specific vocabulary to explain the topic.

A.K.9.15

Provide an explanation of discipline-specific content using domain-specific vocabulary to explain the topic.

Alternate Academic Achievement Standards for Science – Biology (Grade 10)

The tenth grade alternate biology content provides more in-depth studies of the living world. Disciplinary core ideas, science and engineering practices, and crosscutting concepts are intertwined as students focus on five life science topics: Structure and Function, Inheritance and Variation of Traits, Matter and Energy in Organisms and Ecosystems, Interdependent Relationships in Ecosystems, and Natural Selection and Evolution. The Engineering, Technology, and the Application of Science standard is integrated throughout instruction as students define problems and design solutions related to the course standards. There is a focus on several scientific practices, which include developing and using models, planning and conducting investigations, analyzing and interpreting data, constructing explanations and designing solutions. Students will engage in active inquiries, investigations, and hands-on activities as they develop and demonstrate conceptual understandings and research and laboratory skills described in the standards. Safety instruction is integrated in all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Life Science Structure and Function A.S.10.1 Explain how different organs of the body carry out essential functions of life.

A.S.10.2

Use a model to illustrate the organization and interaction of major organs into systems (e.g., circulatory, respiratory, digestive, sensory) in the body to provide specific functions.

A.S.10.3

Collect data from an investigation to show how different organisms react to change (e.g., heart rate increases with exercise, pupils react to light).

Matter and Energy in Organisms and Ecosystems A.S.10.4 Use models to describe the energy transfer from the sun to producers to consumers.

Interdependent Relationships in Ecosystems A.S.10.5 Use graphical representations to explain changes over time in the population size of an animal species including those on the endangered list.

A.S.10.6

Use graphical representations to explain an animal’s dependence on its ecosystem (e.g., competition with other organisms, challenges due to climate, availability of land, food, water, shelter).

A.S.10.7

Evaluate a strategy to protect a species.

Inheritance and Variation of Traits A.S.10.8 Use a model to illustrate how growth occurs when cells multiply.

A.S.10.9

Explain why reproduction may or may not result in offspring with different traits.

Natural Selection and Evolution A.S.10.10 Explain how the traits of particular species allow them to survive in their specific environments.

A.S.10.11

Interpret data sets to identify an advantageous heritable trait.

Engineering, Technology and Applications of Science A.S.10.12 Generate and compare multiple possible solutions to a real-world problem based on how well each is likely to meet the criteria and constraints of the problem.

A.S.10.13

Follow procedures when taking measurements or carrying out experiments.

A.S.10.14

Identify the meaning of symbols, key terms, and other domain-specific words.

A.S.10.15

Express information visually (e.g., in a flowchart, diagram, model).

A.S.10.16

Compare and contrast discipline-specific content using domain-specific vocabulary to explain the topic.

A.S.10.17

Provide an explanation of discipline-specific content using domain-specific vocabulary to explain the topic.

Alternate Academic Achievement Standards for Science – Physical Science The alternate physical science course develops understandings of the core concepts from chemistry and physics: Structure and Properties of Matter; Chemical Reactions; Forces and Interactions; Energy; and Waves and Electromagnetic Radiation. The objectives in Physical Science allow high school students to explain more in-depth phenomena central not only to the physical sciences, but to life science and earth and space science, as well. These objectives blend the core ideas with scientific and engineering practices and crosscutting concepts to support students in developing useable knowledge to explain ideas across the science disciplines. There is a focus on several scientific practices, which include developing and using models, planning and conducting investigations, analyzing and interpreting data, and constructing explanations. Students are expected to use these practices to demonstrate understanding of the core ideas as well as demonstrate understanding of several engineering practices. Students will engage in active inquiries, investigations, and hands-on activities as they develop and demonstrate conceptual understandings and research and laboratory skills described in the objectives. Safety instruction is integrated in all activities, and students will implement safe procedures and practices when manipulating equipment, materials, organisms, and models.

The West Virginia Alternate Academic Achievement Standards for Science are written for students with significant cognitive disabilities with the understanding that the student’s IEP will determine appropriate accommodations and modifications. In addition to the accommodations and modifications listed on the student's IEP, teacher selected scaffolding, guidance, and support are appropriate to best meet the individual student needs with increasing challenge as the learning progresses.

Physical Science Structure and Properties of Matter A.S.11.1 Use a model to describe that matter is made of particles too small to be seen.

Chemical Reactions A.S.11.2 Identify the changes that occurred during a chemical reaction.

A.S.11.3

Recognize a release or absorption of energy from a chemical reaction.

Forces and Integrations A.S.11.4 Evaluate the effectiveness of safety devices and design a solution that could minimize the force of a collision.

A.S.11.5

Build electromagnets to provide evidence that an electric current can produce a magnetic field.

Energy A.S.11.6 Test and refine a device (e.g., foam, plastic, metal containers, insulated box, or thermos) to either minimize or maximize thermal energy transfer (e.g., keeping liquids hots or cold, allowing liquids to warm or cool quickly, keeping hands warm in cold temperatures).

A.S.11.7

Investigate and predict the temperatures of two liquids before and after combining to show uniform energy distribution.

A.S.11.8

Identify how devices convert one kind of energy to another (e.g., flashlight – stored chemical energy to light and heat energy, toaster – electric energy to heat energy).

Waves and Electromagnetic Radiation A.S.11.9 Use a model to demonstrate an understanding that waves (e.g., light, sound, radio) are reflected, absorbed, or transmitted through various materials.

A.S.11.10

Identify how each of the types of electromagnetic radiation is used or found in our everyday lives.

A.S.11.11

Provide evidence that shows how some devices use light and soundwaves to transmit and capture information.

Engineering, Technology and Application Science A.S.11.12 Compare and contrast several design solutions to identify the best characteristics of each that can be combined in new solution to better meet the criteria for success.

A.S.11.13

Follow multistep procedures when taking measurements or carrying out experiments.

A.S.11.14

Identify the meaning of symbols, key terms, and other domain-specific words and phrases.

A.S.11.15

Express information visually (e.g., in a flowchart, diagram, model).

A.S.11.16

Compare and contrast discipline-specific content using well-chosen facts and domain-specific vocabulary to explain the topic.

A.S.11.17

Provide an explanation of discipline-specific content using well-chosen facts and domain-specific vocabulary to explain the topic.

Series 044U West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12 (2520.19)

W. Va. Code R. § 126-44U-1 General

1.1. Scope. -- W. Va. 126CSR42, West Virginia Board of Education (hereinafter WVBE) Policy 2510, Assuring Quality of Education: Regulations for Education Programs (hereinafter Policy 2510), provides a definition of a delivery system for, and an assessment and accountability for, a thorough and efficient education for West Virginia public school students. WVBE Policy 2520.19, West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12, defines the content standards for assisting all students to achieve school success in grades K-12, and prepares students for seamless and successful entry into post-secondary education, the military, or the workforce.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §18-2-5 and §18-9A-22.

1.3. Filing Date. -- March 9, 2017.

1.4. Effective Date. -- July 1, 2017.

1.5. Repeal of former rule. -- This legislative rule repeals and replaces W. Va. 126CSR44U, WVBE Policy 2520.19, 21st Century Advisor/Advisee 5-12 Content Standards and Objectives for West Virginia Schools filed May 14, 2010 and effective June 14, 2010.

W. Va. Code R. § 126-44U-2 Purpose

2.1. This policy defines the West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12 (hereinafter WVCCRDSSS) for the programs of study required by WVBE Policy 2510, providing foundational standards outlining skills, knowledge and disposition required per W. Va. 126CSR99m WVBE Policy 4373, Expected Behavior in Safe and Supportive Schools.

W. Va. Code R. § 126-44U-3 Incorporated by Reference

3.1. A copy of the West Virginia College and Career Readiness Dispositions and Standards for Student Success for Grades K-12 is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education (hereinafter WVDE).

W. Va. Code R. § 126-44U-4 Summary of West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12

4.1. The WVBE has the responsibility to establish high quality standards pertaining to all education programs (W. Va. Code §18-9A-22). The WVCCRDSSS outline the knowledge, skills, and dispositions essential to support all students in achieving everyday school success and in being college and career ready. An intentional process involving all school staff must be utilized to ensure the WVCCRDSSS are integrated within each programmatic level through the use of the developmentally appropriate methods. This policy includes the overarching standards in three programmatic levels: Early Learning Programming, Middle Level Programming, and Adolescent Level Programming.

W. Va. Code R. § 126-44U-5 Severability

5.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Introduction West Virginia’s College- and Career-Readiness Standards (hereinafter WVCCR) have been developed with the goal of preparing students for a wide range of high-quality post-secondary opportunities. Specifically, college- and career-readiness refers to the knowledge, skills, and dispositions needed to be successful in higher education and/or training that lead to gainful employment. The WVCCR establish a set of knowledge and skills that all individuals need to transition into higher education or into the workplace, as both realms share many expectations. All students throughout their educational experience, should develop a full understanding of the career opportunities available, the education necessary to be successful in their chosen pathway, and a plan to attain their goals.

West Virginia educators provided input to the development of the West Virginia College- and Career-Readiness Dispositions and Standards for Student Success (WVCCRDSSS). They played a key role in shaping the content standards to ensure the WVCCRDSSS complement the core subjects being taught in West Virginia schools and have been identify by research and multiple entities including workforce and post-secondary leaders, WVBE, and school staff as essential for the success of every student.

Per WVBE Policy 2510, the WVCCRDSSS describe the attitudes, knowledge, skills, and dispositions all students shall develop in relation to personal and social development; academic and learning development; career and life planning; and global citizenship. The WVCCRDSSS are critical to the holistic development of all students and require integration into all aspects of each student’s educational experience utilizing a variety of delivery modalities. The WVCCRDSSS are foundational standards for all students, and serve as primary standards for middle and high school teacher led, student advisory systems in West Virginia schools.

Explanation of Terms Dispositions The following social and emotional dispositions will be the guide for county boards of education. The categories are defined as follows:

Individual dispositions – are observable actions that students can demonstrate independently without interaction.

Initiative interaction – are observable actions that require students to purposefully start social engagement.

Responsive interaction – are observable actions that requires students to engage in reaction to social encounters.

Work skills interactions (grades 9-12) – are observable actions that require students to demonstrate social skills and dispositions that are expected in the workplace.

Standards are broad statements that define the knowledge, skills, and dispositions that all students shall demonstrate in a content area in each programmatic level in grades K-12.

Numbering of Standards The numbering of standards is composed of five parts, each part separated by a period: the content area code (DSS – Dispositions Student Success) the programmatic level (K-2 – Kindergarten through Grade Two; 3-5 – Grades 3-5; 6-8 – Grades 6-8; and 9-12 – Grades 9-12) the standard.

Illustration: DSS.6-8.14 refers to the Student Success standard for Grades 6-8, standard number 14.

Dispositions and Standards for Student Success Kindergarten – Grade 5 The Early Learning Programming (Grades K-5) focus on students’ social and emotional development to lay the foundation for all learning. Progressive physical, cognitive, and academic development depends on a student’s ability to intentionally engage in learning activities through a variety of modalities. Essential to this process is the student’s ability to self-regulate and persist in activities when challenged with new experiences. Active learning is achieved through a student’s ability to solve problems within the context of positive relationships, communicate their needs effectively and evaluate themselves. Effective teaching strategies help students develop strong self-regulation, which in turn prepares students to succeed in school.

K-2 Dispositions In a developmentally appropriate fashion: increase interpersonal and social skills. refine learning, study and work habits. consider career and life goals. adopt practices that support global citizenship.

Individual Dispositions Initiative-Interaction Responsive Interaction Maintain focus during learning activities Follow basic routines and rules for play and group participation Enter class without disruption Respect property of the school and others Engage in age-appropriate transition activities Demonstrate positive dispositions when interacting with peers and adults Use materials purposely, safely, and responsibly Utilize good decision-making skills to maintain the safety of self and others Ask the teacher or peers for assistance or information Demonstrate progress in expressing needs, wants, and feelings Develop and sustain positive relationships with peers Use communication skills to initiate or join classroom activities Share materials and experiences Take turns in games and activities Imitate typical actions associated with roles Work collaboratively in structured and unstructured activities Respond to questions Help others when asked Follow directions Use and accept negotiation, compromise, and discussion to resolve conflict Show empathy for others Accept guidance from a variety of familiar adults Kindergarten-Second Grade Standards Through a developmentally appropriate, integrated approach, K-2 learners will have regular opportunities to engage in experiences that promote positive social and communication skills. They will learn to distinguish themselves from others, to understand others’ needs and wants, and to realize that rules, routines, and boundaries help create an environment that is safe and equitable.

Personal and Social Development Respect Yourself and Others DSS.K-2.1 Understand Self and Others Relate self to others.

Develop positive relationships with other children and adults.

DSS.K-2.2

Maintain Positive Relationships Use appropriate communication skills to initiate or join classroom activities.

Begin to use and accept negotiation, compromise, and discussion to resolve conflicts.

DSS.K-2.3

Exhibit Respectful Behavior Show respect and caring behavior toward others.

Goal Setting and Attainment DSS.K-2.4 Decision Making and Personal Responsibility Set goals, develop a plan, and follow it through to completion.

Safety and Survival Skills DSS.K-2.5 Protect Emotional and Physical Safety Exhibit respect for physical boundaries, rights, and personal privacy in relation to personal safety.

Express needs, wants, and feelings appropriately.

Demonstrate appropriate use of 911 and knowledge of parents’/guardians’ names, phone number, and address.

Academic and Learning Development Self-Directed Learning DSS.K-2.6 Develop Academic Motivation Identify personal skills, interest, and accomplishments.

Participate in a variety of classroom experiences and tasks.

Approach tasks and activities with flexibility, imagination, and inventiveness.

Demonstrate growing confidence in a range of abilities and express pride in accomplishments.

Demonstrate the ability to manage and adapt to changing situations and responsibilities DSS.K-2.7 Develop Learning Skills Engage in cooperative group play.

Maintain increasing amounts of concentration over a reasonable amount of time despite distractions and interruptions.

Increase capacity for independence in a range of activities, routines, and tasks.

DSS.K-2.8

Achieve School Success Accept guidance and direction from a variety of familiar adults.

Develop increased ability to make choices from identified options.

Post-Secondary Preparation DSS.K-2.9 Prepare for Post-Secondary Success Develop an appreciation for learning.

Develop an awareness of the roles of familiar community members and adults.

DSS.K-2.10

Plan to Achieve Goals Explore the steps used in developing a plan.

Make short-term and long-term plans, as appropriate.

Persist in activities to achieve goals.

Career Development and Life Planning Career Exploration and Planning DSS.K-2.11 Develop Career Awareness Identify and describe roles and relationships among community members.

DSS.K-2.12

Develop Career and Life Plan Identify various careers in the community.

DSS.K-2.13

Careers and Life Success Identify and begin using expected dispositions, skills, and behaviors in school and community (e.g., attendance, punctuality, communication, relationships, attitudes, perseverance, collaboration, critical thinking and leadership).

Global Citizenship Intercultural Perspectives DSS.K-2.14 Acquire a Diverse and Knowledgeable World View Understand and describe the interactive roles and relationships among family members and classroom community.

DSS.K-2.15

Interact Respectfully with Diverse Cultures Identify self as a member of groups within a community.

Understand similarities and respect differences among people, such as gender, race, disability, culture, language, and family structure.

Democratic Principles DSS.K-2.16 Promote Social Justice Demonstrate increasing capacity to follow rules and routines and use materials purposefully and respectfully.

DSS.K-2.17

Assume Responsible Leadership Demonstrate an increasing ability to provide leadership during collaborative tasks.

DSS.K-2.18

Practice Financial Responsibility Understand that items have value

3-5 Dispositions In a developmentally appropriate fashion: increase interpersonal and social skills. refine learning, study, and work habits. consider career and life goals. adopt practices that support global citizenship.

Individual Dispositions Initiative Interaction Responsive Interaction Complete work on time Internalize class routines Maintain healthy habits Respect others’ physical person and space Express confidence and positive self-esteem Maintain appropriate focus Respect the property of others Assist in development of classroom rules/norms Make wise behavior choices Participate appropriately during classroom discussion Express emotions in socially acceptable ways Ask peers or adults for assistance as needed Engage in appropriate conversations with peers and adults Treat others with respect and courtesy Use verbal, written, and electronic communication appropriately Engage respectfully with persons of different individual, social, and cultural norms Consider consequences before taking action Set personal and academic goals.

Participate in group activities Help peers when asked Respect the ideas of others Interact appropriately with peers and adults Express empathy and sympathy Follow directions Accept responsibility for behaviors Participate in school-wide and community service projects Choose appropriate responses when confronted with various options Third Grade-Fifth Grade Standards Through a developmentally appropriate, integrated approach, students in the later elementary years will continue to engage in experiences that promote positive social and communication skills. They will develop awareness of how words, actions, and behaviors affect others, learn to be responsible for their actions both socially and academically, and increase their understanding of the world around them through cultural interaction, exposure to career and professional opportunities, and the investigation of local, national, and international events.

Personal and Social Development Respect Yourself and Others DSS.3-5.1 Understand Self and Others Demonstrate an awareness as to how their words impact others.

Develop positive relationships with peers, other children and adults.

DSS.3-5.2

Maintain Positive Relationships Show respectful and caring behavior toward others.

Use appropriate communication skills to initiate and join activities and complete varied learning tasks.

DSS.3-5.3

Exhibit Respectful Behavior Use and accept negotiation and compromise to resolve conflicts.

Goal Setting and Attainment DSS.3-5.4 Decision Making and Personal Responsibility Set goals, develop a plan, and follow it through to completion.

Safety and Survival Skills DSS.3-5.5 Protect Emotional and Physical Safety Express needs, wants, and feelings appropriately.

Describe how situations such as teasing, bullying, harassment, breaking rules, threats, intimidation, and damaging other’s property impact emotional safety.

Exhibit respect for physical boundaries, rights, and personal privacy in relation to personal safety.

Demonstrate knowledge of emergency contact information (e.g., emergency [police, fire, medical, 911], and family phone numbers, addresses, contact names).

Academic and Learning Development Self-Directed Learning DSS.3-5.6 Develop Academic Motivation Use personal skills, interest, and accomplishments to support learning.

Independently and collaboratively approach tasks and activities with flexibility and creativity.

Use abilities and accomplishments to maximize learning opportunities.

DSS.3-5.7

Develop Learning Skills Work collaboratively to solve problems, complete tasks, and/or investigate topics of interest.

Explore a variety of learning opportunities within the classroom and home environment.

Maintain concentration over a reasonable amount of time despite distractions and interruptions.

Independently complete routines and learning tasks.

DSS.3-5.8

Achieve School Success Accept guidance and direction from a variety of peers and adults.

Develop increased ability to make choices from identified options.

Post-Secondary Preparation DSS.3-5.9 Prepare for Post-Secondary Success Develop an appreciation for and articulate the benefits of learning.

Interact with varied community members.

DSS.3-5.10

Plan to Achieve Goals Demonstrate an understanding of the steps used in developing a plan.

Make short-term and long-term plans, as appropriate.

Persist in activities to achieve goals.

Investigate the importance of early academic planning to prepare for post-secondary success and reaching career goals.

Career Development and Life Planning Career Exploration and Planning DSS.3-5.11 Develop Career Awareness Interact with a variety of community members.

Investigate career paths.

DSS.3-5.12

Develop Career and Life Plan Interact with local and national professional and/or experts to extend personal knowledge to a variety of careers.

DSS.3-5.13

Careers and Life Success Use expected workplace dispositions, skills, and behaviors in the school and community (e.g., attendance, punctuality, communication, relationships, attitudes, perseverance, collaboration, critical thinking, and leadership).

Global Citizenship Intercultural Perspectives DSS.3-5.14 Acquire a Diverse and Knowledgeable World View Investigate and respect aspects of various communities and discuss how these contribute to each individual’s perspective of local, state, and world events.

Identify themselves as members of varied groups within the local, state, national, and international community.

DSS.3-5.15

Interact Respectfully with Diverse Cultures Interact respectfully with all individuals regardless of gender, race, disability, culture, language, and family structure.

Democratic Principles DSS.3-5.16 Promote Social Justice Follow rules and routines and use materials purposefully and respectfully.

DSS.3-5.17

Assume Responsible Leadership Assume leadership roles in collaborative tasks within the classroom and school community.

DSS.3-5.18

Practice Financial Responsibility Evaluate financial choices based on needs and wants.

Create a budget with income from incidental funds to save for goals.

Dispositions and Standards for Student Success Grades 6-8 The Middle Level Programming (Grades 6-8) focuses on academic, career, social, and emotional development. Students need support in developing the knowledge, skills, and dispositions to navigate a socially complex environment and the creation of a vision for their future. The WVCCRDSSS support students to achieve school success, establish the foundation for high school, and become globally competent citizens. The standards will be delivered within the programmatic level in a sequence designed by the school leadership team.

6-8 Dispositions In a developmentally appropriate fashion: increase interpersonal and social skills. refine learning, study, and work habits. consider career and life goals. adopt practices that support global citizenship.

Individual Dispositions Initiative-Interaction Responsive Interaction Participate politely in classroom discussions Initiate positive habits that contribute to school readiness Take responsibility for completing homework Appropriately cope with stressful situations Use technology when it is contextually appropriate without interruption or offense to others Participate appropriately for a variety of situations Exhibit sportsmanship and appropriate audience behavior Refrain from spreading rumors Make thoughtful decisions to balance academic and social success Assume responsibility for personal and academic success Seek resources as needed to support success Initiate and maintain appropriate conversations Politely excuse oneself from activities and conversations Introduce oneself and make introductions Start activity under one’s own motivation Balance speaking and listening Utilize cooperation and negotiation in group work Engage in polite conversation with others about individual, social and cultural differences Give and ask for directions in public Engage in positive peer groups and activities Engage in student leadership Analyze the accuracy of various digital information sources and networks Employ digital security techniques to protect oneself and others Respond appropriately in various situations Participate appropriately in group collaboration Help peers when asked Accept ideas different from one’s own Interact appropriately with adults Express sympathy and empathy Follow verbal and written directions Respond politely to school and public authorities Resolve conflict peacefully Deal with embarrassment in non-aggressive ways Accept praise with humility Make one’s own responsible decisions in peer settings Resist pressure to engage in inappropriate behavior Consider the impact of various choices on one’s friends and family Sixth Grade-Eighth Grade Standards Through a developmentally appropriate, integrated approach, students in middle school will continue to engage in activities that promote positive social and communication skills. They will refine their ability to determine and comprehend various points of view, solidify their understanding of constructive ways to resolve problems and conflicts, and strengthen their personal and scholastic self-confidence. Academically they will increase their capacity for both self-direction and for constructive collaborative work. They will familiarize with various careers so they understand both what those careers entail and what types of learning will prepare them for those careers. Students will also increase their exposure to various cultures and communities at the local, state, national and international level.

Personal and Social Development Respect Yourself and Others DSS.6-8.1 Understand Self and Others Discuss how thoughts, feelings, attitudes, values, and beliefs affect decision making and behavior.

Practice using listening skills to identify and understand the feelings and perspectives of others.

Use mistakes as opportunities to grow personally and socially, not to define self or others as a failure.

Recognize signs of anger and practice safe, respectful anger management skills.

DSS.6-8.2

Maintain Positive Relationships Develop positive relationships with peers and adults.

Acquire and use effective conflict resolution techniques.

Demonstrate self-control by minimizing words and actions that hurt self and others.

Model safe and effective ways to address peer pressure.

Describe bullying and use effective practices to address it.

DSS.6-8.3

Exhibit Respectful Behavior Identify and respect personal boundaries and privacy needs of all self and others.

Respect all individuals as unique and worthy regardless of differences. use social and communication skills, dispositions, and character traits appropriate for various situations and audiences.

Goal Setting and Attainment DSS.6-8.4 Decision Making and Personal Responsibility Make decisions, set goals and take necessary actions to attain goals.

Analyze situations by comparing and contrasting various behaviors and choices in relation to possible short- and long-term consequences and discuss how to improve choices.

Describe how peer pressure influences personal decisions; create and follow a plan to minimize negative peer pressure.

Describe how peer pressure influences personal decisions; create and follow a plan to minimize negative peer pressure.

Establish action steps to attain school, home, and civic goals.

Apply problem solving techniques to identify and address challenges to goal attainment.

Describe how current decisions have long term consequences and ways to achieve desired outcomes.

Safety and Survival Skills DSS.6-8.5 Protect Emotional and Physical Safety Identify and apply strategies to reduce stress and protect safety, differentiating between situations requiring self-help, peer support, adult or professional help.

Develop and implement plans for situations such as teasing, bullying, harassment, threats, intimidation, and other violent acts or dangerous situations.

Identify and utilize communication skills and strategies to participate in only safe and healthy activities.

Know emergency contact information; identify and utilize school and community resources to protect personal safety.

Academic and Learning Development Self-Directed Learning DSS.6-8.6 Develop Academic Motivation Identify and develop competence in areas of interest.

Apply multiple intelligence Principles to identify personal strengths and improve school focus.

Understand the relationship between school success, academic achievement and future career success.

DSS.6-8.7

Develop Learning Skills Improve executive function skills (e.g., effort, paying attention, flexibility, memory, self-control, communication, focus and perseverance).

Identify personal learning style(s) and establish habits that enhance personalized learning.

Work collaboratively in groups or independently, as appropriate.

DSS.6-8.8

Achieve School Success Exhibit personal responsibility.

Evaluate the impact of positive and negative choices on school success and implement a plan to improve outcomes.

Apply goal setting techniques to develop self-direction and improve school performance.

Identify and utilize school and community resources and support services when needed.

Post-Secondary Preparation DSS.6-8.9 Prepare for Post-Secondary Success Identify how performance and course selections in middle school impacts high school course readiness and post-secondary choices.

Explore requirements for success in a variety of post-secondary options and for securing scholarships.

Analyze how personal choices negatively or positively influence high school and post-secondary options and preparedness for success.

DSS.6-8.10

Plan to Achieve Goals Use a variety of assessments and inventories to identify skills, interest and aptitudes for post-secondary planning.

Use personal data and goals to establish challenging academic, personal and post-secondary plans.

Seek co-curricular and community experiences to enhance the school experience and post-secondary readiness.

Analyze assets and barriers to academic goal attainment and utilize school and community resources to overcome barriers and strengthen assets.

Explore eligibility requirements and funding opportunities for various post-secondary options.

Career Development and Life Planning Career Exploration and Planning DSS.6-8.11 Develop Career Awareness Explore how personal abilities, skills, interest, and values relate to workplace.

Use a variety of resources and methods to explore career options.

Examine specific job requirements and opportunities for progressions of career levels from entry level to advanced leadership and develop a personal career growth vision.

Explore career options in relation to selecting a career cluster.

DSS.6-8.12

Develop Career and Life Plan Describe lifestyle dreams and possible career options and evaluate the likelihood of attaining goals.

Begin to develop a possible career/life plan that explores educational credentials, skills and career progressions.

DSS.6-8.13

Careers and Life Success Explore how identified career choices impact lifestyles and opportunities.

Practice expected workplace dispositions and behaviors.

Explore the need for lifelong learning as situations and responsibilities change, requiring new knowledge and skills.

Global Citizenship Intercultural Perspectives DSS.6-8.14 Acquire a Diverse and Knowledgeable World View Compare and contrast aspects of various communities and describe how these contribute to each individual’s perspective and world view.

Analyze factors that contribute to different social and world views (e.g., ethnicity, race, culture, gender, sexual orientation, family composition, lifestyle, religion, economic status and nationality).

DSS.6-8.15

Interact Respectfully with Diverse Cultures Apply an inter-culturally sensitive perspective to social interactions.

Describe global issues and events from perspectives of various individuals and groups to understand viewpoints other than one’s own.

Investigate methods for enhancing language proficiency and the ability to communicate effectively across cultural and linguistic boundaries.

Describe how stereotyping and prejudices impact interpersonal relationships.

Democratic Principles DSS.6-8.16 Promote Social Justice Adhere to classroom and school rules and community laws to protect individual rights and property.

Identify and discuss issues of social justice.

Investigate programs for advocacy and promotion of social justice.

DSS.6-8.17

Assume Responsible Leadership Identify the qualities of successful leaders.

Exhibit leadership to improve school and the local community.

DSS.6-8.18

Practice Financial Responsibility Evaluate financial choices based on one’s own needs, wants and values and how they guide spending, saving, credit and implications for the family budget.

Create a personal budget with income from incidental funds (birthday and other gifts, allowance, chores, entrepreneurial endeavors, part-time jobs, etc.) and track spending and payments.

Discuss concepts of consumer protection (e.g., laws, identify theft and predatory scams).

Discuss concepts related to financial institutions (e.g., laws, banks, credit unions and check cashing services).

Dispositions and Standards for Student Success Grades 9-12)

The High School Level Programming (Grades 9-12) focuses on academic, career, social and emotional development, and global citizenship. Acquisition of the knowledge, skills, and dispositions described in WVCCRDSSS help students achieve school success and prepare to successfully transition to their post-secondary choices; whether it is direct placement in entry-level jobs, credit-bearing academic college course, industry-recognized certificate, license, or workforce training programs. These standards will be delivered within the programmatic level in a sequence designed by the school leadership team.

9-12 Dispositions In a developmentally appropriate fashion: increase interpersonal and social skills. refine learning, study, and work habits. consider career and life goals. adopt practices that support global citizenship.

Individual Behaviors Initiative Interaction Use class time productively Balance school and other activities to meet obligations Develop academic and personal goals Control emotions Identify and manage resources Practice and model internet etiquette Refrain from inappropriate public displays of affection Respect cultural diversity Make ethical decisions Follow digital laws and rules Establish goals for future success Express feelings appropriately Give compliments Express dissatisfaction appropriately Respect the space of others Stand up for a friend Initiate post-secondary planning Utilize technology skills to advance attainment of personal and academic goals.

Advocate for self and others Give affirmations to support others Express dissatisfaction in appropriate ways Exercise civic responsibility through participation in student government activities Access personal values and norms Act as a responsible role model Responsive Interaction Work Skills Interaction Recognize feelings of others and respond appropriately Deal with disappointment in a manner that does not harm Respond to complaints Use constructive criticism to make improvements Complete post-secondary applications Address rumors appropriately Respond to peer pressure appropriately and use refusal skills when necessary De-escalate violent situations (physical and virtual)

Apply a decision-making process to academic and social issues Choose appropriate options to negative peer pressure Maintain focus on work tasks Ask for feedback and respond appropriately Use negotiation skills Interact appropriately with team members Act as a responsible and respected presentative of the school Encourage positive habits in self and others Utilize communication, negotiation, and conflict resolution skills in the workplace Advocate for appropriate work conditions Utilize social skills to improve customer service Formulate a post-secondary plan Provide leadership for a school/community service project Use technology in an appropriate manner displaying digital citizenship Ninth Grade-Twelfth Grade Standards Through a developmentally appropriate, integrated approach, students in high school will begin their transition to adulthood. They will explore how attitudes, values and social/emotional behavior have a far-ranging impact that can influence not only local communities but the world at large. They will expand their understanding of responsibility and realize that actions can have consequences well beyond themselves and their local community. Students will develop plans for the future, learn how the skills and strategies they acquire in school are transferable to college and career, and articulate their needs and interests so they can consider the best options for their individual futures.

Personal and Social Development Respect Yourself and Others DSS.9-12.1 Understand Self and Others Analyze how thoughts, feelings, attitudes, values, and beliefs affect decision making and behavior.

Use active listening to identify and understand the feelings and perspectives of others.

Use mistakes as learning opportunities to grow personally and socially.

DSS.9-12.2

Maintain Positive Relationships Distinguish between healthy and unhealthy relationships.

Apply appropriate anger management and conflict resolution techniques.

Minimize words and actions that hurt self and others.

Address peer pressure in safe and effective ways.

Identify bullying behaviors and utilize appropriate skills to address and decrease bullying.

DSS.9-12.3

Exhibit Respectful Behavior Respect personal boundaries and privacy needs.

Interact appropriately with varying audiences in all settings.

Use social and communication skills, dispositions, and character traits appropriate for various situations and audiences.

Goal Setting and Attainment DSS.9-12.4 Decision Making and Personal Responsibility Analyze the relationship between behaviors, choices, and consequences and apply a decision making model to achieve desired goals.

Develop and implement action plans to attain personal, school, and civic goals.

Utilize problem solving techniques to generate alternatives and address changes to attain goals.

Identify possible long term consequences of decisions and take responsibility to achieve desired goals.

Safety and Survival Skills DSS.9-12.5 Protect Emotional and Physical Safety Apply strategies to reduce stress and protect safety, differentiating between situations requiring self-help, peer support, adult, or professional help.

Utilize communication skills and strategies to participate in only safe and healthy activities.

Develop and implement plans for situations such as teasing, bullying, harassment, threats, intimidation, and other violent acts or dangerous situations.

Know emergency contact information and utilize school and community resources to protect personal safety.

Academic and Learning Development Self-Directed Learning DSS.9-12.6 Develop Academic Motivation Build upon personal skills and interest through school and community activities.

Apply knowledge of personal learning characteristics to focus on strengths and maintain motivation for learning.

Exhibit attitudes, skills, and dispositions needed to motivate self-directed, lifelong learning and goal attainment.

DSS.9-12.7

Develop Learning Skills Refine executive function skills.

Identify personal learning style(s) to maximize learning in various environments.

Identify support systems available to advance individual learning and seek help when needed.

Demonstrate the ability to work independently or collaboratively in various learning environments.

DSS.9-12.8

Achieve School Success Exhibit personal responsibility to maximize learning.

Maintain attitudes, dispositions, and behaviors that enhance focus and success.

Apply goal setting techniques to maintain self-directed learning.

Use self-advocacy, school, and community resources and support services as needed.

Post-Secondary Preparation DSS.9-12.9 Prepare for Post-Secondary Success Evaluate academic performance and course selections in relationship to post-secondary options.

Apply knowledge of skills, interest, aptitudes, and the workplace to guide decision-making in relation to post-secondary choices.

Explore alignment of high school courses, assessment results, and programs with identified post-secondary institutions.

Identify and pursue options for earning post-secondary credits while in high school.

Identify and pursue options for paying for various post-secondary training options.

DSS.9-12.10

Plan to Achieve Goals Use personal data to refine academic plan and career/life goals.

Explore eligible requirements and funding opportunities for various post-secondary options.

Secure assistance, as needed for post-secondary planning and the application process.

Career Development and Life Planning Career Exploration and Planning DSS.9-12.11 Develop Career Awareness Use a variety of resources to explore career options in relation to personal abilities, skills, interest, values, and the current job market.

Evaluate roles, responsibilities, and requirements for progressions of career levels from entry to advanced positions.

Explore career options in relation to career clusters and transferable skills.

DSS.9-12.12

Develop Career and Life Plan Update career cluster and personalized education plan in relation to changing interest, job demand, and personal data.

Revise career/life plan to reflect changing personal lifestyle dreams.

DSS.9-12.13

Careers and Life Success Determine how one’s personal career plan impacts lifestyles and opportunities.

Model expected workplace dispositions, skills, and behaviors in school, community and occupational experiences to prepare for career success.

Evaluate the relevance of lifelong learning as situations and responsibilities change that require new knowledge and skills.

Global Citizenship Intercultural Perspectives DSS.9-12.14 Acquire a Diverse and Knowledgeable World View Describe how the characteristics of diverse world regions and individual communities contribute to varying world views.

Investigate and explain how factors such as ethnicity, gender, religion, sexuality, and economic conditions contribute to different social and world views.

DSS.9-12.15

Interact Respectfully with Diverse Cultures Analyze global issues and events to gain an understanding of others’ viewpoints.

Analyze language, behavior, and non-verbal communication cues to interact respectfully with diverse cultures.

Examine the influence of stereotyping and prejudice and how they impact relationships.

Democratic Principles DSS.9-12.16 Promote Social Justice Adhere to classroom and school rules, and community laws to protect individual rights and property.

Identify and discuss issues of social justice.

DSS.9-12.17

Assume Responsible Leadership Demonstrate characteristics of successful leaders and team members to reach goals.

Exhibit leadership through service to improve the school and community.

DSS.9-12.18

Practice Financial Responsibility Assess personal needs, wants, and values to develop a budget.

Investigate means of saving and investing to maintain long-term financial stability.

Evaluate the consequences of spending related to debt and debt management.

Recognize marketing approaches that lead to over-consumption and discuss ways to reject them.

Series 051 Health Promotion and Disease Prevention (Policy 2423)

W. Va. Code R. § 126-51-1 General

1.1. Scope. -- This legislative rule requires the establishment of county policies related to health promotion and prevention of communicable diseases.

1.2. Authority. -- West Virginia Constitution, Article XII, §2, W. Va. Code §§16-3-4, 16‑3‑5, 16-3C-l through 16-3C-9, 16-3D-1 through 16-3D-3, 18-2-5, 18-5-9, 18-5-17, 18-5-22, 18‑5‑34, and 18A-5-1.

1.3. Filing Date. -- October 9, 2024.

1.4. Effective Date. -- November 9, 2024.

1.5. Repeal of Former Rules. -- This rule repeals and replaces W. Va. 126CSR51, Policy 2423, Health Promotion and Disease Prevention (Policy 2423), filed August 13, 2015, and effective September 14, 2015.

W. Va. Code R. § 126-51-2 Purpose

2.1. This policy establishes the standards that shall be included in county policies to ensure student health, prevent disease, and educate students and school personnel on communicable diseases.

W. Va. Code R. § 126-51-3 Application

3.1. County boards of education shall develop or amend communicable disease policies, hereinafter referred to as health promotion and disease prevention policies, to include provisions intended to protect the health of the students and school employees while also fostering a healthy environment conducive to learning. The policies shall reflect an understanding of health promotion and disease prevention and be designed to maintain student and school employee health.

3.2. The school nurse shall lead the development and implementation of county board policy. County boards of education shall seek additional assistance from school employees, parents/guardians, public health officials, medical personnel, and community leaders in developing their health promotion and disease prevention policies.

3.3. County boards of education shall work cooperatively through public and private partnerships, including the local health department, to enforce and adhere to the provisions of W. Va. Code §§18A-5‑1, 16‑3‑4, 16‑3D-1, 16-3-5, 16-3C-1 through 16-3C-9, 18-2-5, 18-5-9, 18-5-17, 18-5-22, and 18-5-34 for health promotion, disease prevention, control, and containment of communicable disease in schools.

W. Va. Code R. § 126-51-4 Definitions

4.1. Advisory Committee on Immunization Practices (ACIP). Reports to the Director of the United States Centers for Disease Control and Prevention and consists of medical and public health experts who develop recommendations regarding the use of vaccines to control diseases in the United States.

4.2. American Academy of Pediatrics (AAP). National organization of pediatricians, founded in 1930, committed to attaining optimal physical, mental, and social health and well-being for all infants, children, adolescents, and young adults.

4.3. Bureau for Public Health (BPH). Division of West Virginia Department of Health (WVDH) that functions as the agency designated to oversee the state’s health system designed to deliver best practices for health and wellness to the citizens of West Virginia.

4.4. Casual Contact. Level of contact at which a person is not subject to contracting a communicable disease from another person.

4.5. Centers for Disease Control and Prevention (CDC). One of the eleven major divisions of the United States Department of Health and Human Services operating as the principal agency in the United States government responsible for protecting the health and safety of all Americans and leading public health efforts to prevent and control infectious and chronic diseases, injuries, workplace hazards, disabilities, and environmental health threats.

4.6. Commissioner (Commissioner) of BPH. WVDH official who serves as the State Health Officer, or designee, as defined in W. Va. Code §16-1-2.

4.7. Communicable Disease. Illness caused by an infectious agent, or its toxins, that occurs through the direct or indirect transmission of the infectious agent from its products of an infected individual.

4.8. HealthCheck. Component of the West Virginia’s Early and Periodic Screening, Diagnosis and Treatment Program (EPSDT) for child preventive health relating to Medicaid for children under 21 years old. An annual comprehensive examination is recommended for all children ages 3 to 20 years old and more frequently if less than three years old. HealthCheck meets vision, hearing, developmental, speech, language, oral health, or other comprehensive health screening requirements. The HealthCheck screening form is the preferred documentation method for licensed health care providers to record screenings; however, documentation formats may vary.

4.9. Health or Safety Emergency Event Disclosure. Situation that presents imminent danger, a threat to students and/or community members, or requires an immediate need for information to avert or diffuse serious threats to the safety or health of a student or other persons. Health or safety emergency provisions of 20 U.S.C. §1232g; The Family Educational Rights and Privacy Act of 1988 (FERPA), and FERPA: Final Regulations Part II, 34 CFR Part 99, permit the disclosure of personally identifiable information from students’ education records to state health officials relative to an outbreak of a communicable disease.

4.10. Immunization Officer. Physician appointed and employed by the Commissioner to make determinations upon request for an exemption to the compulsory immunization requirements pursuant to W. Va. Code §16-3-4.

4.11. Occupational Safety and Health Administration (OSHA). Division of the United States Department of Labor that provides standards and guidelines for America's workers’ health and safety by establishing and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging the improvement of workplace safety and health.

4.12. Oral Health Examination. Evaluation to determine the students’ oral health performed, recorded, and documented by a dentist or dental hygienist.

4.13. Oral Health Program (OHP). Program managed by WVDH, within the BPH, designed to promote and improve the oral health of West Virginia citizens by providing preventive education, improving access to oral health care, and monitoring the oral health status of citizens.

4.14. School Nurse. Registered Nurse licensed by the West Virginia Board of Registered Professional Nurses, established pursuant to W. Va. Code §30-7-1, et seq., who meets the requirements for certification contained in W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications. The county board of education or the county health department shall employ the school nurse pursuant to W. Va. Code §18‑5‑22.

4.15. Standard/Universal Precautions. Safeguards applicable to the care of all students and school employees irrespective of their disease. Universal Precautions is a standard set of guidelines established to prevent the transmission of bloodborne pathogens from exposure to blood and all body fluids in situations where it is not easy to differentiate between body fluids.

4.16. Student. For purposes of this policy, an individual who attends classes or participates in extracurricular activities or programs operated by a West Virginia public school.

4.17. West Virginia Department of Health (WVDH). Lead public health agency responsible for providing a wide range of necessary health and life-saving services and information to individuals and communities in West Virginia.

4.18. West Virginia Secondary School Activities Commission (WVSSAC). Private, voluntary, non-profit organization comprised of the principals or designees of West Virginia public and private secondary schools who have elected to delegate the control, supervision, and regulation of their interscholastic, band, and robotics activities to the Commission.

4.19. West Virginia Statewide Immunization Information System (WVSIIS). Statewide computerized data system for reporting and tracking vaccine administration. The system consolidates individuals’ immunization records, calibrates and forecasts recommended vaccinations, generates reminder notices for overdue immunizations, identifies improper vaccine administrations, conducts inventory management and systematic accountability, and provides general immunization practice management functions. Health care providers are required to report all administrations of vaccines pursuant to W. Va. Code §16-3-4 and BPH rules W. Va. 64CSR7, Reportable Diseases, Events and Conditions (W. Va. 64SCR7), and W. Va. 64CSR95, Immunization Requirements and Recommendations for Children Attending School and Enrolled in State-Regulated Health Care (W. Va. 64CSR95), for documentation in this system.

W. Va. Code R. § 126-51-5 Health Promotion through School Screenings/Examinations

5.1. West Virginia schools promote healthy behavior and learning. The school nurse, as the school health expert, is qualified to lead the coordination of health promotion for students and school personnel through screenings, supporting school health requirements, and offering other health recommendations. Health services for public schools may be provided through various partnerships including, but not limited to, partnerships established with local agencies, state agencies, community organizations, and/or health care providers.

5.2. HealthCheck. New students enrolling in a West Virginia public school at first entry of either pre‑kindergarten (Pre-K) or kindergarten shall have on file within 45 days of enrollment or prior to the first day of school attendance, a record of a HealthCheck screening or other comprehensive health screening comparable to the HealthCheck protocol. All screening forms shall be signed and dated by the student’s licensed health care provider and completed within the past 12 calendar months. County boards of education may retain the right to conduct follow-up screenings pursuant to W. Va. 126CSR28, Policy 2525, West Virginia’s Universal Access to a Quality Early Education System (Policy 2525) and W. Va. Code §18‑5‑17. Students determined to have impairments or disabilities shall be referred to the appropriate school personnel for additional screening.

5.3. Oral Health. New students enrolling in West Virginia public school at first entry of either Pre-K or kindergarten shall have on file within 45 days of enrollment or prior to the first day of school attendance, a record of an oral health examination. The oral health examination shall be signed and dated by the student’s dental provider and completed within the past 12 calendar months. Provided, if the student does not have proof of an oral health examination, the student may be enrolled in the Oral Health Program (OHP). The OHP provides an oral health assessment from a dental provider regardless of the ability to pay if the parent/guardian provides consent. The student’s enrollment in OHP is sufficient to meet the oral health requirement established in this section.

5.4. Tuberculin Skin Test. West Virginia continues to be a state with low incidence rates of tuberculosis; therefore, tuberculin skin testing for out-of-state student transfers and new school employees and/or volunteers is no longer statutorily required. Provided, suspected tuberculosis cases shall be addressed as follows:

5.4.a. students determined or suspected of having active tuberculosis shall be temporarily removed from school while their cases are reviewed and evaluated by a licensed health care provider and the local health officer. Students shall return to school when a licensed health care provider and the local health officer, in consultation with the Commissioner or designee, indicate that it is safe and appropriate for them to return pursuant to W. Va. Code §16-3D-3;

5.4.b. school employees determined or suspected to have active tuberculosis shall have their employment suspended until the local health officer, in consultation with the Commissioner, approves the employee to return to work;

5.4.c. the Commissioner may require selective testing of students and school employees for tuberculosis when there is reason to believe that they may have been exposed to the tuberculosis organism or they are exhibiting signs and/or experiencing symptoms indicative of the disease; and,

5.4.d. the school nurse shall identify and refer any student or school employee to the local health department when they have reason to suspect that the student or employee has been exposed to tuberculosis or they are exhibiting signs and/or experiencing symptoms indicative of the disease.

W. Va. Code R. § 126-51-6 Disease Prevention Measures through Immunizations

6.1. Students shall comply with the required immunization schedule established by the Commissioner. The Commissioner, or the Immunization Officer, shall make determinations on request for a medical exemption to the compulsory immunization requirements established by the BPH.

6.1.a. The Commissioner is authorized to appoint an Immunization Officer to make determinations on request for a medical exemption to the compulsory immunization requirements established by the BPH.

6.1.b. A medical exemption request shall be made by a licensed physician and include an acknowledgment that the physical condition of the student is one that immunization is contraindicated or a specific precaution to a particular vaccine exists.

6.1.c. The Immunization Officer’s decision relating to a request for an exemption to the compulsory immunization requirements may be appealed to the State Health Officer. The final determination of the State Health Officer is subject to a right of appeal pursuant to W. Va. Code §29A-5‑1 et. seq.

6.1.d. Each student’s immunization record shall be a public health record to be entered in WVSIIS and reviewed annually.

6.2. All children entering Pre-K, kindergarten, or any West Virginia public school for the first time shall provide official documentation from a licensed health care provider that the child has received the required immunizations upon enrollment pursuant to W. Va. Code §16-3-4 and W. Va. 64CSR95. All Pre‑K students shall also meet requirements in accordance with Policy 2525.

6.3. Following recommendations from ACIP, students entering grade 7 and grade 12 shall provide official documentation from a licensed health care provider that the student has received the two additional vaccines required by W. Va. 64CSR95 and W. Va. Code §16-3-4 as follows:

6.3.a. a student between the ages of 11 and 12 shall receive one dose of Tdap and meningococcal vaccination prior to entering grade 7;

6.3.b. a student enrolling in the school system at age 13, 14, or 15 who has not received a meningococcal vaccination shall receive the meningococcal vaccination and provide official documentation from a licensed health care provider that the student has received a meningococcal booster prior to entering grade 12; and,

6.3.c. a student enrolling in the school system at age 16 or older who has not been previously vaccinated with meningococcal vaccination shall receive a meningococcal vaccination; however, the student is not required to provide documentation from a licensed health care provider that the student received a booster prior to entering grade 12.

6.4. The WVSSAC shall consider eligible for participation in interscholastic athletic events and other extracurricular activities of secondary schools, a student receiving home instruction pursuant to W. Va. Code §18-8-1(c); a participant of the Hope Scholarship Program pursuant to W. Va. Code §18-8-1(m) and as provided in W. Va. Code §18-31-1, et seq.; or, participates in a microschool or learning pod pursuant to W. Va. Code §18-8-1(n); provided, the student agrees to obey all WVSSAC rules including, but not limited to, rules governing awards, all-star games, parental consents, physical examinations, and vaccinations applicable to high school athletes. §126-51.7. Quality Assurance for School-Based Services.

7.1. All community services performed in the school setting shall be provided as agreed to by the school and community partner(s). The services shall be evidence-based and aligned with best practices and guidelines designed to promote academic, health, and social needs of students.

7.1.a. Immunizations shall incorporate the protocols established by the ACIP and BPH Immunization Services.

7.1.b. HealthCheck examination, or a comparable comprehensive well child examination, shall include the protocols established by AAP Bright Futures and the WVDH HealthCheck Program.

7.1.c. Oral health services shall include the protocols established by the OHP Program.

7.1.d. Tuberculin skin test shall include the protocols established under the Tuberculosis Control Program under the BPH.

7.1.e. Other services shall include the protocols required by relevant law, rule, and/or policy.

W. Va. Code R. § 126-51-8 Disease Prevention Measures through Practice and Education

8.1. County boards of education shall incorporate hand washing into their policy, in accordance with W. Va. 126CSR25A, Policy 2422.7, Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis By a Student (Policy 2422.7), and as specified in the Basic and Specialized Health Care Procedures Manual for West Virginia Public Schools found on the WVDE’s website. Good hand hygiene is the single most effective safeguard in preventing the spread of communicable diseases in the school setting; therefore, all students in West Virginia public schools shall be encouraged to participate in a daily routine of hand washing especially before eating; after blowing their nose, coughing, or sneezing; going to the restroom; and any other time deemed necessary by a school employee.

8.2. All public schools shall include instruction for students in grade 6 through grade 12 in the prevention, transmission, and spread of HIV/AIDS and other sexually transmitted diseases (STDs) and sexually transmitted infections (STIs) in accordance with W. Va. 126CSR44E, Policy 2520.5, West Virginia College- and Career-Readiness Standards for Wellness Education (Policy 2520.5), and W. Va. Code §18‑2‑9. An opportunity shall be afforded to the parents/guardians of the students subject to instruction in the prevention, transmission, and spread of HIV/AIDS and other STDs/STIs to examine the course curriculum requirements and instructional materials. Parents/guardians may exempt their children from participating in the instruction by providing written notice to the school principal pursuant to W. Va. Code §18-2-9.

8.3. County boards of education shall provide in-service training to all school personnel on the prevention, transmission, and treatment of AIDS pursuant to W. Va. Code §18-5-15d.

W. Va. Code R. § 126-51-9 Disease Control Measures

9.1. Distinctions shall be made related to communicable diseases in the school setting versus diseases known not to be spread by casual contact including, but not limited to, HIV/ AIDS, Hepatitis B, Hepatitis C, and other similar diseases.

9.2. A designated employee, such as the school nurse, shall validate each reported case of a disease known not to be spread by casual contact pursuant to W. Va. Code §18A-5-1 and §18-5-22.

9.3. The school nurse shall report to the school administrator any student or school employee known to have, or suspected of having, any infectious disease known to be spread by casual contact and considered to be a health danger to the school population. The county superintendent may exclude a school employee from school when reliable evidence, or information from a qualified source, confirms the school employee potentially has a communicable disease that is known to be spread by any form of casual contact and is considered a health danger to the school population.

9.3.a. A student or school employee shall be prohibited from entering the school or participating in school-related activities, in accordance with the guidelines established by AAP, CDC, and WVDH until a licensed health care provider verifies in writing that the student or school employee’s current condition is no longer considered contagious or a danger to the school population.

9.3.b. All reportable communicable diseases shall be referred to the local health department in accordance with W. Va. 64CSR7.

9.3.c. In the event of a suspected communicable disease outbreak as defined by the Commissioner, public schools, and/or county boards of education shall release student personally identifiable information to appropriate public health officials as permitted by FERPA’s Health and Safety Emergency Event Disclosure and W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance, and Disclosure of Student Data (Policy 4350).

9.3.d. School employees shall adhere to any guidance issued by the local health departments relating to reportable communicable diseases.

9.3.e. School employees are required to adhere to the procedures established in W. Va. 64CSR7, governing the reporting of certain diseases and conditions, unusual health events, and clusters or outbreaks of disease to the WVDH.

9.3.f. School administrators, school nurses, and other health care providers working in schools shall be responsible for reporting, assisting with, or managing outbreaks, and any necessary contact tracing and management of the communicable diseases in accordance with W. Va. 64CSR7. School administrators and school nurses are required to attend any training provided by the local health department relating to surveillance reporting of communicable diseases within the school.

9.3.g Foodborne, respiratory, severe acute respiratory syndrome (SARS) outbreaks, and a case or outbreak of a reportable condition including, but not limited to, vaccine preventable diseases, hepatitis, meningitis and encephalitis, shall be reported to the state, regional, and/or local public health department, along with the Commissioner or their staff. These agencies may request student or school employee personally identifiable information for cases and/or contacts of cases based on surveillance data. The release of personally identifiable information to public health officials is classified as a Health and Safety Emergency under FERPA permitting schools to release information necessary to protect public health.

9.4. Mandatory screening for communicable diseases known not to be spread by casual contact is not required for school entry, employment, or continued employment.

9.5. School personnel shall be trained in standard/universal precautions established by the United States Department of Labor Occupational Safety and Health Administration (http://www.osha.gov/).

W. Va. Code R. § 126-51-10 Confidentiality

10.1. Confidentiality and release of student health information and records shall be protected and maintained in accordance with Policy 4350 and FERPA.

W. Va. Code R. § 126-51-11 Severability

11.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 052 Community Schools: Promoting Health, Safety, Well-Being and Academic Success of Students (2425)

W. Va. Code R. § 126-52-1 General

1.1. Scope. - This procedural rule provides guidelines for the option of developing and operating community schools. Section 2 is defined by the National Coalition of Community Schools.

1.2. Authority. - W. Va. Constitution, Article XII, §2 and W. Va. Code §18-2E-1 et seq., and §18‑5‑44.

1.3. Filing Date. - July 11, 2014.

1.4. Effective Date. - August 11, 2014.

W. Va. Code R. § 126-52-2 Purpose - Community Schools Framework

2.1. A community school is any public school which services PreK-12 students that participate in a community-based effort to coordinate and integrate services through partnerships with community-based organizations. It is both a place and a set of partnerships between the school and other community resources. Its integrated focus on academics, health and social services, youth and community development and community engagement leads to improved student learning, stronger families and healthier communities. Schools become centers of the community and are open to everyone – all day, every day, evenings and weekends.

2.2. A community schools coordinator is the key to a community school. The local board of education should hire or identify a community school coordinator or work with a lead partner agency to identify or provide the coordinator. The coordinator works to create and strengthen the relationships between the school and community to develop a continuum of community-based and integrated services.

2.3. The framework of a fully developed community school concept is needs driven and strives to include the following: Engaging Instruction, Expanded Learning Opportunities, College, Career, Citizenship, Health and Social Support, Community Engagement, Early Childhood Development, Family Engagement and Youth Development Activities. All community schools services provided in the school setting should be regular, ongoing and evidence-based or promising practices.

2.3.a. Engaging Instruction: Community schools offer a personalized approach. Opportunities and supports within community schools are tailored to remove barriers that prevent a student from learning while also instilling the skills they will need for their health, safety, wellbeing and academic success. Community schools partner with community organizations such as local career and technical, community colleges, higher education institutions, healthcare including community mental and oral health, businesses and others.

2.3.b. Expanded Learning Opportunities: Community schools utilize innovative approaches which expand learning opportunities through community partnerships that may occur during academic breaks and before, during and after school.

2.3.c. College, Career and Citizenship: Partners and supports in community schools are carefully selected with the goal of developing students with the skills which will not only guide them through their post-secondary and professional career, but that will ultimately make them well-rounded and engaged citizens. Community schools partner with local career and technical, community colleges, higher education institutions, and others to prepare students; they provide students with engaging and meaningful instruction; and they create service-learning and other youth development opportunities that train students to be active citizens.

2.3.d. Health and Social Support: Community schools focus on health and social supports by utilizing existing professional support services in innovative ways and by bringing community health providers and agencies into schools. They offer families support on a consistent basis.

2.3.e. Community Engagement: Community schools are built on the community’s strengths and focus on improving the well-being of the entire community. To make this happen, community school leaders must seek and act on community input. In thriving and sustainable community school initiatives, community stakeholders help develop the vision of a community school and oversee its implementation. Shared ownership with the community paves the way for joint accountability and success, and serves as a vehicle for advocacy on behalf of the community school. Community engagement is what separates community schools from wrap-around services.

2.3.f. Early Childhood Development: Community schools continue to demonstrate that they are an ideal setting for integrating high quality early learning and child development in PreK-12 systems. Community schools provide a seamless alignment of early learning and education to ensure the health, cognitive and social emotional needs of young children and their families are met.

2.3.g. Family Engagement: Community schools recognize that parent and family engagement is critical. Community schools consistently and sustainably increase parent participation in the education of their children and in their schools by empowering families providing them with a variety of integrated student and community supports. Community schools are the hub and cultural center of many neighborhoods. They offer families activities such as homework help, performances, art exhibits and more. All of this helps increase family engagement.

2.3.h. Youth Development Activities: Community schools provide opportunities and outlets for young people to explore their interests and grow into highly-skilled, creative and well-rounded adults. In a community school, community partners design all types of innovative, fun and educational activities for students – from gardening programs to mentoring and internships. Young people have such varied interests and inspiring creative skills.

2.4. Memoranda of Agreement: Community schools consist of many partners. A Memorandum of Agreement between all partners should be in place to assist with describing the roles of each partner and how the services will be coordinated.

2.5. Outcomes: Community schools always start with a set of results based on identified needs they want to achieve. Using a results framework, they then organize the community around agreed-upon results and identify the resources to achieve them. Outcomes likely will include long and short-term goals.

W. Va. Code R. § 126-52-3 Definitions

3.1. Regular – as referenced in 2.3 refers to community services that are provided with in the school in an agreed upon manner between the school and sponsoring community which work toward promoting both the academic, health and social service needs of students.

3.2. Personalized approach – An approach that is tailored to each individual student to minimize barriers which prevent students from learning, while also instilling the skills they will need for their health, safety, wellbeing and academic success.

3.3. Professional support services – School professionals who work within the public school system, on a daily basis, to provide specially designed educational/academic supports around health and social service needs of students (school nursing, school counseling, speech and language, physical therapy, occupational therapy, audiology, school psychology and so forth).

3.4. Community health agencies/providers – The community agencies/persons who administering comprehensive health care, including mental and oral health, in the larger community. These services compliment school professional support services but do not replace them.

3.5. Integrated student services – Intentional interventions that improve student achievement by connecting community resources with both the academic, health and social service needs of students.

3.6. Wrap around services – Wrap around services are individualized community-based services that focus on the strengths and needs of the children and their families. Services include basic needs, safety, and social, emotional, educational, spiritual and cultural needs.

3.7. Youth Development Activities – Activities that promote the process of developing students’ capacities.

3.8. Long and short-term goals – The desired result based on a time frame.

W. Va. Code R. § 126-52-4 Severability

4.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 057 Adult Education Programs (Policy 2420)

W. Va. Code R. § 126-57-1 General

1.1. This rule implements the federal Workforce Innovation and Opportunity Act (WIOA) and sets forth the processes by which partnerships are created among the federal government, states, and localities to provide, on a voluntary basis, adult education and literacy activities.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §18-5-19b, and WIOA Public Law 113-128 (29 U.S.C. Sec. 3101, et seq.).

1.3. Filing Date. -- June 13, 2019.

1.4. Effective Date. -- July 15, 2019.

1.5. Repeal of Former Rule. -- This rule repeals and replaces W. Va. 126CSR57, Policy 2420, Adult Education Programs, filed January 11, 2019, and effective February 11, 2019.

W. Va. Code R. § 126-57-2 Individual Eligibility

2.1. To be eligible for enrollment in an adult education program, an individual:

2.1.a. must have attained 16 years of age;

2.1.b. must not be enrolled in a secondary school;

2.1.c. must be basic skills deficient;

2.1.d. must not have a secondary school diploma or its recognized equivalent or have achieved an equivalent level of education; or

2.1.e. must be an English language learner.

W. Va. Code R. § 126-57-3 Eligible Provider

3.1. To be an eligible provider of adult education programs, a provider must be an organization that has demonstrated effectiveness in providing adult education and literacy activities. This organization may include a county school system, community-based or faith-based organization, volunteer literacy organization, an institution of higher education, public or private nonprofit agency, library, public housing authority, nonprofit institution not previously described, consortium or coalition of agencies previously described, or a partnership between an employer and an entity previously described.

W. Va. Code R. § 126-57-4 Programs and Services

4.1. Program providers shall consider and be responsive to the needs of:

4.1.a. individuals in the community or region who are identified as most in need of adult education and literacy activities, including individuals who have low levels of literacy skills or who are English language learners; and

4.1.b. eligible individuals with disabilities, including eligible individuals with learning disabilities.

4.2. In selecting providers to deliver programs and services, these criteria shall be used:

4.2.a. past effectiveness of the provider in improving the literacy of eligible individuals to meet state-adjusted levels of performance for primary indicators of performance, especially with respect to eligible individuals who have low levels of literacy;

4.2.b. alignment between proposed activities and services and the strategy and goals of the WIOA State Plan for West Virginia, as well as activities and services of the local comprehensive workforce center;

4.2.c. program intensity, quality, and research-based to ensure that participants achieve substantial learning gains in literacy;

4.2.d. program activities that include reading, writing, speaking, mathematics, and English language acquisition instruction delivered are based on the best practices derived from the most rigorous research available and appropriate, including scientifically valid research and effective educational practice;

4.2.e. program services and activities that effectively use technology and delivery systems, including distance education in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved performance;

4.2.f. program activities that provide learning in context, including integrated education and training, so that an individual acquires the skills needed to transition to and complete postsecondary education and training programs, to obtain and advance in employment leading to self-sufficiency, and to exercise the rights and responsibilities of citizenship;

4.2.g. program activities delivered by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the state, and who have access to high quality professional development, including through electronic means;

4.2.h. program activities that coordinate with other available education, training, and social service resources in the community, such as by establishing strong links with elementary schools and secondary schools, postsecondary educational institutions, institutions of higher education, local workforce investment boards, comprehensive workforce centers, job training programs, social service agencies, business and industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries for the development of career pathways. Mandatory partners include West Virginia Department of Education (WVDE) Office of Adult Education, WorkForce West Virginia, and the West Virginia Division of Rehabilitation Services;

4.2.i. program activities that offer flexible schedules and coordination with federal, state, and local support services (such as child care, transportation, mental health services, and career planning) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;

4.2.j. existence and maintenance of a high-quality information management system that has the capacity to report measurable participant outcomes and to monitor program performance; and

4.2.k. program location in an area that has a demonstrated need for additional English language acquisition and civics education programs.

W. Va. Code R. § 126-57-5 Adult Education and Literacy Activities

5.1. Eligible provider program services and activities may include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities, integrated English literacy and civics education, workforce preparation activities and integrated education and training that provide adult education and literacy activities. These services and activities may be provided concurrently and contextually with workforce preparation activities and workforce training for specific occupations and are for the purpose of educational and career advancement as outlined in the Adult Education Instructor Handbook, located on the WVDE website.

W. Va. Code R. § 126-57-6 Severability

6.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 061 Remediation And Acceleration Programs

W. Va. Code R. § 126-061 Remediation And Acceleration Programs

TITLE 126

WEST VIRGINIA BOARD OF EDUCATION

SERIES 61

This rule was Repealed and Replaced by 126CSR42, Effective July 1, 1997.

126CSR61

Series 062 Establishment Of School Teams

W. Va. Code R. § 126-062 Establishment Of School Teams

TITLE 126

WEST VIRGINIA BOARD OF EDUCATION

SERIES 62

RESERVED

Repealed and Replaced by 126CSR42 July 1, 1997 126CSR62

Series 067 Comprehensive School Counseling Model (Policy 2315)

W. Va. Code R. § 126-67-1 General

1.1. Scope. -- This legislative rule sets forth requirements for pre-k-12 Comprehensive School Counseling Programs (CSCP) in West Virginia public schools.

1.1.a. County/Counties. For purposes of this rule, county includes county boards of education, West Virginia Schools for the Deaf and the Blind, and secure juvenile predispositional and postdispositional facilities.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §18-2-5 and §18-5-18b.

1.3. Filing Date. -- June 9, 2022.

1.4. Effective Date. -- July 11, 2022.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR67, Policy 2315, Comprehensive School Counseling Program, filed January 13, 2022, and effective February 14, 2022.

W. Va. Code R. § 126-67-2 Purpose

2.1. The West Virginia Board of Education (WVBE) recognizes the importance of establishing a CSCP in every West Virginia public school to support student academic success, college- and career-readiness, and social/emotional wellbeing. The CSCP is an integral part of the total school program and aligns with the school’s mission. The CSCP is a proactive, systemic approach to assist students in acquiring attitudes, knowledge, skills, and behaviors necessary to maximize student success and preparation for a variety of postsecondary options. The CSCP incorporates the West Virginia Tiered System of Supports (WVTSS) to provide universal prevention for all students, targeted interventions for at-risk students, and intensive interventions for the most at-risk students. The CSCP is standards-based and designed to address identified needs developmentally and sequentially within each programmatic level. The CSCP utilizes school and community data to identify student needs related to the CSCP and set annual priorities aligned with the school’s strategic plan.

W. Va. Code R. § 126-67-3 Definitions

3.1. Advisement. The process used by school counselors to make recommendations based on the appraisal of student tests, inventories, or other data. School counselors work with students through this process to help them plan for the future, realize opportunities, and maximize their potential. Advisement includes recommendations made by the counselor to assist the student with exploring services and opportunities available at the school and community, determining meaningful educational and career goals, selecting programs of study, and making appropriate course selections. Often advisement is a collaborative process involving the school counselor, student, family members, teachers, and other relevant stakeholders, to assist the student and promote student success.

3.2. American School Counselor Association (ASCA). A professional organization supporting school counselors, school counseling students/interns, school counseling program directors/supervisors, and school counseling educators by providing ethical standards, professional standards, student standards, best practices, resources, and professional learning. The West Virginia School Counseling Model aligns with the ASCA National Model.

3.3. Appraisal. The process school counselors use to assess students’ abilities, interests, skills, and achievements by analyzing tests, inventories, or other data. This process helps students develop short-term and long-term plans for academic, career, and social/emotional goals.

3.4. ASCA Code of Ethics. Specifies the obligation to follow the principles of ethical behavior necessary to maintain high standards of integrity, leadership, and professionalism. School counselors are bound to behave ethically, exhibiting the highest standards of practice. West Virginia school counselors must align their practices with the ASCA Code of Ethics. West Virginia school principals must be familiar with the ASCA Code of Ethics and its implications for school counselors.

3.5. Certified School Counselor. A school counselor who holds a master’s degree in school counseling from an accredited university and certification in school counseling from the WVBE per W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202).

3.6. Collaboration. A partnership in which two or more individuals or organizations actively work together on a project or problem. School counselors collaborate with various educational and community stakeholders to develop and deliver the CSCP to support the success of all students.

3.7. Comprehensive Drop-Out Prevention Program. A comprehensive program designed to reduce the drop-out rate by meeting the needs of youth in at-risk situations, including students with disabilities.

3.8. Comprehensive School Counseling Program (CSCP) Plan. A school-level plan developed by each school annually, utilizing the CSCP Plan template, coordinate and implement a CSCP. The CSCP Plan is supported and monitored by the principal, who ensures the school counselor(s) collaborate with school leadership, the school counseling advisory council, and other stakeholders to review relevant data to guide the development of the annual plan. This data includes school data (various student assessments, attendance, discipline, drop-out rates, etc.) and community data (disasters, crime, poverty, domestic violence rates, etc.). Supplemental data (needs assessments, focus group results, etc.) is helpful to determine student needs and the CSCP focus. The CSCP Plan aligns with the school’s mission and strategic plan.

3.9. Confidentiality. The right to privacy and the expectation that the school counselor/student relationship complies with all laws, policies, and ethical standards regarding confidentiality in the school setting. The counselor must ensure that personal information shared by the student or parents/guardians remains confidential unless the information pertains to harm to self or others. School counselors must adhere to Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g; 34 CRF Part 99, guidelines and the ASCA Code of Ethics to protect personal student information.

3.10. Consultation. Provided by the school counselor to support a student’s needs or to provide information to parents/guardians, teachers, other educators, and community agencies regarding strategies and resources to help students and families. School counselors exchange strategies, information, and resources with stakeholders to meet individual student needs. School counselors both offer and seek consultation. During the consultation process, school counselors serve as advocates for students to promote wellbeing and success in school.

3.11. Counseling. The professional assistance and support provided to a student or small group of students during transitions, heightened stress, critical change, crisis, or other situations impeding student wellbeing and success. Counseling provided by the school counselor is short-term and based on counseling theories and techniques effective in a school setting to promote academic, career, and social/emotional development. Counseling can be proactive and responsive and helps students identify problems, causes, potential consequences and benefits, alternatives, and outcomes so they can make decisions and take appropriate actions. School counselors use the WVCCRDSSS to provide focus in the counseling process.

3.12. Crisis Response. Provides prevention, intervention, and follow-up to individual and school-wide crises that impact students, staff, or families. Crisis response is usually temporary and includes a variety of research-based interventions to support individual or group needs. Long-term reactions to a crisis may result in a referral to appropriate community or school-based resources and follow-up interventions. Principals and school counselors adhere to W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), to develop the school crisis prevention and response plan.

3.13. Direct Services. In-person interactions between school counselors and students. Through the direct services of instruction, appraisal, advisement, and counseling, school counselors help students develop the knowledge, attitudes, and skills outlined in the WVCCRDSSS and the West Virginia Pre-K Standards to help students improve wellbeing, achievement, attendance, and discipline. Through each of these direct services, the school counselor and students work toward a specific goal.

3.14. Equity and Access. The process of reforming practices, policies, and procedures at the school, county, and state level to ensure all students have equal access to relevant programs, courses, resources, and activities regardless of race, ethnicity, social class, family background, ability, sexual orientation, or gender.

3.15. Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g; 34 CRF Part 99. Provides legal guidance for disclosure of personally identifiable student information, including education records. Without a legitimate educational interest, individuals, including school officials, may not access student records without parental consent. School counselors must be familiar with and follow federal guidelines of the Family Policy Compliance Office in the U.S. Department of Education.

3.16. Group Counseling. Provided for small groups of students experiencing similar difficulties that impede school success. Group counseling sessions may include personal concerns, relational concerns, behavioral issues, school adjustment issues, attendance problems, academic concerns, or developmental issues. Small group counseling is skills-based, helping students with similar concerns develop strategies that improve personal and school success. Small group counseling is typically scheduled during a non-instructional time or is staggered between class periods, minimizing absences during instruction while building coping and school success skills. Group counseling in schools is short-term and typically occurs for 30-50 minutes once a week for four-seven weeks. School counselors refer students who need more intensive therapeutic counseling to school-based or community mental health professionals.

3.17. Indirect Services. Include consultation, collaboration, and referral. School counselors provide indirect services to support student success and to promote equity and access for all students.

3.18. Individual Counseling. A helping process implemented by a professional with a certification in counseling that uses various evidence-based techniques and strategies to help individual students explore academic, career, and social/emotional issues which may impede healthy development or academic progress. Individual counseling aims to assist students with addressing barriers and improving success at school, at home, and in the community. Individual counseling in the school setting is short-term in nature. School counselors refer students who need more intensive therapeutic counseling to school-based or community mental health professionals.

3.19. Informed Consent. Involves seeking written permission from parents/guardians of minors for services typically not provided by certified school staff and is required when students receive services from non-school employees. Students under the age of consent may assent to school counseling services offered by the school counselor without parental permission because the comprehensive school counseling program is a required school component of W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510). Therefore, school counselors are not required to seek parental permission for students to benefit from components of the school counseling program, with the exception of administering student needs assessments. As a best practice, counselors may inform parents/guardians when students receive school counseling services if the information does not conflict with students’ desire for confidentiality.

3.20. Instruction. The process school counselors use to teach the school counseling curriculum to deliver the West Virginia Pre-K Standards and the WVCCRDSSS. School counselors provide instruction in classrooms, large groups, small groups, and individually. Instruction intends to help all students maximize their potential by enhancing academic, college/career, and social/emotional development and improving achievement, attendance, and discipline outcomes.

3.21. Needs Assessments. A supplemental method school counselors may use to solicit additional information from students and relevant stakeholders about needs identified in school data. Needs assessments help contextualize the problems by providing input on what is contributing to the identified need. The contextual information gathered helps school counselors respond with more effectively targeted interventions. When conducting student needs assessments or other student surveys, school counselors adhere to The Protection of Pupil Rights Amendment (PPRA), 20 USC 1232h; 34 CFR Part 98, in the U.S. Department of Education.

3.22. Personalized Education Plan (PEP). Developed collaboratively, involving students, parents/guardians, teacher advisors, and school counselors as a part of the personalized student planning process. The PEP identifies the student’s career interests and courses needed for graduation and assists with high school and postsecondary goal planning. Policy 2510 and the West Virginia School Counseling Model outline grade-level expectations for completing the PEP.

3.23. Personalized Student Planning. Provides opportunities for students to plan, monitor, and manage their academic, college and career, and social/emotional development. The school counselor works closely with the school leadership team to plan ongoing opportunities during the school day for career exploration and self-discovery at all programmatic levels. Personalized planning allows the student to develop academic and social/emotional skills, identify interests, maximize strengths, minimize weaknesses, set and reach personal and educational goals and realize their career aspirations.

3.24. Postsecondary. Includes educational and career options available to students after high school (e.g., two and four-year colleges, certificate programs, on-the-job training, apprenticeship programs, and the military).

3.25. Referral. Initiated when students’ needs extend beyond the school counselor’s role, training, and responsibilities. School counselors provide appraisal, advisement, personalized student planning, and counseling services through short-term targeted approaches. When students need support beyond short-term services or counseling, a school counselor’s ethical duty is to provide a referral to school-based or community resources for additional assistance or information.

3.26. School Counseling Advisory Council. A group of stakeholders, invited by the school counselor(s), and reflecting the community’s diversity to include students, parents, teachers, school counselors, administrators, school board members, business leaders, and community members. The advisory council meets a recommended minimum of two times per year to provide feedback on the CSCP goals, developed and explained by the school counselor(s); to review program results based on the school counselor(s) data; and to make recommendations about the CSCP. The advisory council members also serve as advocates for the program.

3.27. School Counselor Administrative Activities. The 20 percent of a school counselor’s time set aside for activities related to defining, managing, and assessing the CSCP. In addition, the school counselor may spend a small portion of the 20 percent providing fair-share responsibilities if the percent does not exceed that of the other school staff in the building and the responsibilities do not require the school counselor to take a disciplinary role.

3.28. Social/Emotional Development. The process through which both students and adults gain the knowledge, skills, and dispositions to develop healthy identities, identify and manage emotions, set and achieve goals, feel and show empathy for others, establish and maintain healthy and supportive relationships, and make responsible decisions.

3.29. Stakeholders. Any person who assists with or benefits from the school counseling program and includes students, school staff, school leadership, parents, community leaders, community members, higher education, and workforce leaders.

3.30. West Virginia College- and Career-Readiness Dispositions and Standards for Student Success (WVCCRDSSS). Standards that describe the attitudes, knowledge, skills, and behaviors essential to support K-12 students in achieving everyday school success and being college- and career-ready and are outlined in W. Va. 126CSR44U, Policy 2520.19, West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12 (Policy 2520.19). The WVCCRDSSS are critical to the holistic development of all students and require integration into all aspects of each student’s educational experience utilizing all school staff and key community stakeholders through a variety of delivery modalities. The WVCCRDSSS are the foundational standards for each CSCP.

3.31. West Virginia CSCP Plan Template. Provides a standardized format for West Virginia school counselors, administrators, and stakeholders to plan, coordinate, and assess the CSCP. This plan is not a binding, unchangeable document but a guidepost for the program focus in the school year. The school counselor develops the plan in collaboration with school administrators and other stakeholders to provide an organized, integrated, and planned sequential, needs-based approach aligned with the school’s strategic plan. The West Virginia CSCP Plan aligns with requirements outlined in this policy, the West Virginia School Counseling Model, and the ASCA National Model.

3.32. West Virginia Pre-K Standards (Ages 3-5). Standards for children enrolled in pre-k that are grounded in scientific child development research, children’s approaches to learning, and effective educational practices outlined in W. Va. 126CSR44O, Policy 2520.15, West Virginia Pre-K Standards (Ages 3-5) (Policy 2520.15). The ability to use appropriate strategies is vital to implementing these standards. School counselors use these standards when working with pre-k students to guide counseling practices and offer high-quality early education environments and experiences that are responsive to individual children and maximize learning.

3.33. West Virginia Professional School Counselor Standards (WVPSCS). Standards that describe the essential skills, knowledge, dispositions, and behaviors all West Virginia professional school counselors must possess. W. Va. 126CSR142, Policy 5310, Performance Evaluation of Professional Personnel and Athletic Coaches (Policy 5310), outlines the standards. These standards align with best practices to guide school counselors to improve program effectiveness and student success. A performance level rubric is available to guide school counselors in accomplishing all the significant facets of effective school counseling practice.

3.34. West Virginia School Counseling Model. The model provides consistency and standardization for school counseling programs in West Virginia. The West Virginia School Counseling Model aligns with the ASCA National Model promoting best practices, professionalism, and ethical standards. In addition, the model outlines the components of an equitable and inclusive comprehensive school counseling program that are integral to the school’s mission and created to impact academic success and social-emotional wellbeing for all students.

3.35. West Virginia School Crisis Prevention and Response Plan. The plan outlined by Policy 4373, to be developed by the school crisis and response planning team, utilizing the WVDE Crisis Prevention and Response Plan Template, which contains the requirements for school-specific plans. The template aligns with the Safe Schools Initiative of the School Building Authority of West Virginia and West Virginia Homeland Security and Emergency Management per W. Va. Code §18-9F-9.

3.36. West Virginia Tiered System of Support (WVTSS). A three-tiered system of student support that aligns with the West Virginia School Counseling Model that provides universal prevention, targeted interventions, and intensive interventions through direct and indirect services to support success and wellbeing.

W. Va. Code R. § 126-67-4 Responsibilities

4.1. The WVBE shall ensure appropriate and effective implementation of all components outlined in this policy.

4.2. The WVDE provides professional learning opportunities for school counselors, principals, and county-level administrators. WVDE offers technical assistance and other support to each county with policy revisions and the development and implementation of the CSCP.

4.2.a. The WVDE develops and distributes the West Virginia School Counseling Model, the West Virginia CSCP Plan template, the School Counseling Program Assessment template, and additional planning tools to be utilized by counties as resources in professional development and program planning.

4.3. The county board of education shall ensure that:

4.3.a. appropriate and effective implementation of all components outlined in this policy to ensure that every student has access to a CSCP coordinated by full‑time certified school counselors as defined in Policy 5202; and

4.3.b. a CSCP policy for schools aligned with requirements outlined in this policy is submitted for approval to the WVDE. The initial and subsequent revisions will be submitted to the WVDE by October 1 of each school year; and

4.3.c. a comprehensive drop-out prevention program utilizing the expertise of school counselors and any other appropriate resources is implemented per W. Va. Code §18‑5‑18b.

4.4. The county central office shall ensure that:

4.4.a. principals and school counselors are provided professional learning opportunities and appropriate resources to effectively implement the components outlined in this policy; and

4.4.b. each school’s CSCP aligns with the West Virginia School Counseling Model and the applicable WVBE policies: Policy 5310, Policy 4373, Policy 2520.15, Policy 2520.19, and Policy 2510.

4.4.b.1. The county central office shall monitor the CSCP Plan development and the CSCP’s implementation at each school.

4.5. The school shall ensure that:

4.5.a. each student benefits from a CSCP through appropriate and effective implementation of all components outlined in this policy;

4.5.b. in accordance with W. Va. Code §18-5-18b, school counselors spend at least 80 percent of work time in a direct counseling relationship with students to provide both direct and indirect services that support student success. School counselors shall devote no more than 20 percent of work time to administrative activities which include planning, managing, and assessing the CSCP according to the West Virginia School Counseling Model and as defined in this policy;

4.5.c. school counselors, in collaboration with the principal, school leadership team, school counseling advisory council, or other stakeholders, develop an annual CSCP Plan, utilizing the West Virginia CSCP Plan Template;

4.5.d. school counselors are supported in the establishment and convening of the school counseling advisory council to develop and assess the CSCP. The school counselors develop agendas and plan meetings to inform stakeholders about the CSCP. The advisory council meets at least two times per year to discuss school data, CSCP priorities, assessment, and annual student impact goals. The school counselors analyze and incorporate feedback from the advisory council;

4.5.e. the CSCP utilizes student, school, and community data to identify student needs, annual CSCP goals aligned with the school’s strategic plan, and evidence-based practices to address student needs;

4.5.f. through a collaborative partnership and an integrated delivery model involving school counselors, school leadership team, and other stakeholders, all students are provided opportunities to achieve the foundational standards established in the West Virginia Pre-K Standards (Ages 3-5) and the WVCCRDSSS;

4.5.g. the CSCP includes the program delivery components: integrated delivery of WVCCRDSSS, instruction, appraisal, advisement, personalized student planning, counseling, consultation, collaboration, and referrals;

4.5.h. the CSCP Plan is supported and monitored by the principal to assure that students benefit from the implementation of the CSCP;

4.5.i. school counselors adhere to FERPA guidelines, ASCA Ethical Standards, confidentiality laws/guidelines, and informed consent;

4.5.j. school counselors are evaluated by the school principal as defined in Policy 5310 and per the WVPSCS; and

4.5.k. the school counselor is a member of the school crisis prevention and response planning team and is involved in developing and updating the school crisis prevention and response plan per Policy 4373.

W. Va. Code R. § 126-67-5 Components of a Comprehensive School Counseling Program (CSCP)

5.1. The CSCP is based on data-informed decisions, integral to the school’s academic mission, and designed to have a significant positive impact on student wellbeing and success. This section defines components of a standards-focused and evidence-based CSCP.

5.2. The following student and professional practice standards define the CSCP.

5.2.a. The West Virginia Pre-K Standards, outlined in Policy 2520.15, guide school counselors in offering high quality early education environments and experiences that are responsive to individual students and maximize learning. These are the foundational standards for the development and implementation of a CSCP in pre-K.

5.2.b. The WVCCRDSS, outlined in Policy 2520.19, are the foundational standards for developing and implementing a CSCP in elementary, middle, and high schools.

5.2.c. The West Virginia School Counselor Professional Standards, outlined in Policy 5310, provide the necessary guidance, framework, and evaluation to assist all school counselors with self-assessment and implementation of exemplary practices that impact student achievement, attendance, behavior, and general wellbeing.

5.2.d. The ASCA Ethical Standards for School Counselors specify the principles of ethical behavior necessary to maintain the highest standard of integrity, leadership, and professionalism. These standards guide school counselors’ decision-making and help standardize professional practice to protect students and school counselors.

5.3. School counselors manage the CSCP to encompass planning and activities to address the needs of all students. A school-level CSCP Plan is developed by each school annually, utilizing the West Virginia CSCP Plan Template. The CSCP Plan includes the essential components of an effective CSCP. The principal supports and monitors the CSCP Plan and promotes collaboration between the school counselor(s), school leadership, the school counseling advisory council, and other stakeholders to review applicable data to guide the annual plan development. This data includes school data (i.e., various student assessments, attendance, discipline, drop-out rates) and community data (i.e., disasters, crime, poverty, domestic violence rates). Supplemental data (i.e., needs assessments, focus group results) are helpful to determine student needs and the CSCP focus. The CSCP Plan aligns with the school’s mission and strategic plan.

5.4. School counselors deliver direct and indirect services through the WVTSS framework, a multi‑tiered system of support that promotes equity and access for all students and fosters student wellbeing, achievement, and success.

5.4.a. School counselors provide direct student services to help students develop the knowledge, attitudes, and skills outlined in the West Virginia Pre-K Standards and the WVCCRDSSS. The following are direct services provided through the CSCP.

5.4.a.1. Instruction. School counseling instruction is a direct service that includes teaching a school counseling curriculum by incorporating student standards from the West Virginia Pre-K Standards or the WVCCRDSSS. Instruction occurs in classrooms, large groups, small groups, or individually. School counselors may provide instruction through direct instruction, team teaching, or assisting in learning activities. The focus of instruction is to assist students in developing needed skills for improvement in social-emotional wellbeing, achievement, attendance, or discipline.

5.4.a.2. Appraisal. Appraisal is a direct service provided by school counselors to individual students to analyze and assess students’ abilities, interests, skills, and achievement through the appraisal of student tests, inventories, universal screeners, or other data. This process involves the interpretation, assessment, and feedback leading to the development of academic, career, and social/emotional plans.

5.4.a.3. Advisement. Advisement is a direct service provided to individual students through which school counselors make recommendations based on the appraisal of tests, inventories, and other data to help students make decisions for their future.

5.4.a.4. Personalized Student Planning. Personalized student planning is a direct student service that provides students with opportunities to plan, monitor, and manage their academic, college and career, and social/emotional development. Personalized planning allows students to develop academic and social/emotional skills, identify interests, maximize strengths, minimize weaknesses, set and reach personal and educational goals, and realize their career aspirations. The school counselor works closely with the school leadership team to plan ongoing opportunities during the school day for career exploration and self-discovery at all programmatic levels. The Personalized Education Plan (PEP), described in Policy 2510, is part of the personalized student planning process and is developed for each student, starting in 8th grade. The PEP is developed in consultation with the student’s parent and/or guardian, school counselor, and/or teacher advisor and is used to guide, personalize, and maximize each student’s learning experience.

5.4.a.5. Counseling. Counseling is a direct service provided through individual counseling or group counseling to provide professional assistance and support. Counseling is provided during transitions, heightened stress, critical change, crisis (crisis response), or other situations impeding student success. It is short-term and based on counseling theories and techniques that are effective in a school setting to promote academic, career, and social/emotional development.

5.4.b. School counselors provide indirect student services to support student success and promote equity and access for all students. School counselors work with parents/guardians, teachers, administrators, school staff, community stakeholders, and other partners to address the needs of students in the school. The following are indirect services delivered through the CSCP.

5.4.b.1. Consultation. Consultation is an indirect service that involves providing information, opinions, and recommendations to individuals who support students’ needs. It also involves seeking information from an expert about student needs. School counselors both offer and seek consultation.

5.4.b.2. Collaboration. Collaboration is an indirect service school counselors provide when working with multiple individuals on a common goal and sharing responsibility for the associated tasks. Refer to the West Virginia School Counseling Model for examples of collaboration that occur within the CSCP.

5.4.b.3. Referral. Referral is an indirect service a school counselor provides when a student’s needs extend beyond the school counseling roles, training, and/or responsibilities. School counselors provide instructional, advisement, and counseling services through brief, targeted approaches. When students need support beyond short-term services or counseling, a school counselor’s ethical duty is to refer students and parents/guardians to school or community resources for additional assistance or information.

5.5. The CSCP is designed with continuous assessment and improvement in mind. The program is regularly assessed through data analysis and reports (i.e., CSCP Program Assessment, Classroom and Small Group Results Report, Closing the Gap Results Report) to determine its effectiveness and impact on student wellbeing and success.

W. Va. Code R. § 126-67-6 Severability

6.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 069 Regulations for Juvenile Diversion and Transition Programs (Policy 2800)

W. Va. Code R. § 126-69-1 General

1.1. Scope. -- This legislative rule describes the rules and regulations for schools operated by the West Virginia Schools of Diversion and Transition (WVSDT) in providing educational programs and services for school-aged juveniles placed in juvenile correctional centers, juvenile detention centers, residential treatment facilities, and truancy diversion classrooms.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2-13f, 18‑2‑13h, 49-2-908, 49-2-912, and 49-4-721.

1.3. Filing Date. -- June 9, 2021.

1.4. Effective Date. -- July 12, 2021.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR69, Policy 2800, Regulations for the Education of Juveniles Placed in Secure Predispositional Detention Centers, filed September 6, 2012, and effective October 9, 2012; and repeals W. Va. 126CSR53, Policy 2325, High Quality Standards for Juvenile Institutional Education Programs, filed April 20, 2009, and effective May 11, 2009.

W. Va. Code R. § 126-69-2 Definitions

2.1. Career and Technical Education (CTE). Term applied to schools, institutions, and educational programs that specialize in the highly-skilled trades, applied sciences, modern technologies, and career preparation for high-demand jobs.

2.2. High School Equivalency. Alternative diploma earned by demonstrating the attainment of skills equivalent to those at the high school completion level.

2.3. Host Agency. Owner and/or operator of the physical grounds where each WVSDT school is located (e.g., West Virginia Bureau of Juvenile Services, the West Virginia Division of Corrections and Rehabilitation, the contracted service provider for residential services licensed by the West Virginia Department of Health and Human Resources (WVDHHR), or the local school district).

2.4. School-Aged Student. Students between the ages of three and 21, provided students have not yet turned 21 years of age prior to September 1.

2.5. West Virginia Schools of Diversion and Transition (WVSDT). Organization under the supervision of the West Virginia Board of Education (WVBE) and West Virginia Department of Education (WVDE) that is responsible for the education of individuals in juvenile correctional centers, juvenile detention centers, residential treatment facilities, adult correctional centers, regional jails, and truancy diversion classrooms.

W. Va. Code R. § 126-69-3 Authority and Responsibility

3.1. WVSDT educational programs are subject to WVBE policies and applicable state and federal laws and regulations.

3.2. WVSDT provides a comprehensive education for school-aged juveniles within juvenile detention, correctional centers, and WVDHHR licensed residential treatment facilities.

3.3. The WVBE and WVDE provide educational services in counties with an approved truancy diversion classroom provided the county board of education (county) voluntarily partners with the WVDE and WVBE.

3.4. Day-to-day operations and responsibilities shall be defined and described in the WVSDT Employee Handbook and WVSDT Operational Procedures.

W. Va. Code R. § 126-69-4 Educational Programming and Operations

4.1. Opportunities. School-aged students educated in schools operated by the WVSDT shall have thorough and efficient educational opportunities.

4.1.a. School-aged students served in WVSDT schools, including exceptional students placed in WVSDT schools, shall receive a free appropriate public education in accordance with applicable regulations under W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities.

4.2. WVSDT schools and classrooms serving school-age juveniles shall adhere to the following standards when implementing educational services.

4.2.a. Operational Procedures. The Superintendent of the WVSDT or designee is authorized to develop written operational procedures to implement the intent and provisions of this policy. WVSDT shall establish operating policies and implement written procedures that reflect the WVBE’s education standards. These standards ensure that juveniles in facilities governed by the WVBE and WVDE receive a thorough and efficient education in accordance with applicable state and federal laws, rules, and regulations; continue to advance in school; and prepare for re-entry to the local school, postsecondary education, or the world of work.

4.2.b. Curriculum and Instruction. Curriculum and instructional practices are based on state‑approved standards and research and ensure that students in these facilities receive a thorough and efficient education. Standards are used to guide instruction and include technology standards.

4.2.c. High Expectations. WVSDT schools shall cultivate a culture of high expectations through curricular offerings and instructional and administrative practices, where stakeholders demonstrate high expectations for students and achievement.

4.2.d. Learning Environment. WVSDT schools shall provide a safe, positive, and nurturing environment that is conducive to learning.

4.2.e. Research-Based Instructional Strategies. WVSDT schools shall demonstrate the use of research-based instructional strategies that facilitate learning for students. These strategies shall include, but are not limited to, social justice initiatives and trauma-informed care and should focus on the special needs of each child.

4.2.f. Strategic Plan. WVSDT school leaders shall collaborate with school personnel to develop a strategic plan using data regarding student achievement and align it with the goals and priorities of the WVBE and WVDE to assure continuous improvement. The strategic plan will be posted on the WVSDT website for partners and others to access.

4.2.g. Data Analysis. WVSDT schools shall make data-informed decisions regarding instruction by collecting and analyzing student assessment and performance data. WVSDT schools shall use multiple measures to annually evaluate program effectiveness and student success.

4.2.h. Guidance and Advisement. Students shall receive personalized guidance and advisement opportunities regarding academics, careers, and pro-social/emotional development.

4.2.i. Lesson Planning. WVSDT teachers shall prepare lesson plans based on the state-approved content standards. WVSDT administrators shall review lesson plans quarterly, at a minimum, and provide written feedback.

4.2.j. Statewide Assessment. Students enrolled in WVSDT education programs shall participate in statewide assessment programs as applicable.

4.2.k. Local Assessment. Each student shall be administered reading/mathematics inventories at intake in order to build individualized learning plans based on the data reflected in the assessment. Staff shall refer the student for comprehensive educational assessments in suspected areas of need as appropriate. A report of findings and recommendations shall be prepared for each student and made available to the court for purposes of disposition and made available to the host agency for purposes of treatment and/or case planning and management.

4.2.l. Personnel. WVSDT schools shall conform with W. Va. Code, WVBE, and WVSDT policy to implement employment, hiring, assignment practices, and conduct evaluations for WVSDT staff. The professional educator(s) assigned to provide instructional services in the juvenile center shall hold or qualify for a West Virginia professional or temporary teaching certificate. At least one professional in a WVSDT school shall be endorsed in multi-categorical special education.

4.2.m. Eligible juvenile centers shall be accredited by a professional association every three years.

4.2.n. Facilities. WVSDT school facilities shall be safe and hazard-free, to adequately meet the students’ needs and provide a positive learning environment.

4.2.o. School/Host Agency Collaboration. WVSDT leadership and host agencies shall collaborate to develop an interagency agreement that will ensure a safe and secure environment for students and staff. This interagency agreement shall support the delivery of a high-quality education program and must clearly specify host agency responsibilities for providing adequate facilities and maintenance as agreed upon within reasonable limits.

4.2.p. The WVSDT shall establish a calendar for the juvenile center education program in consultation with the director of the juvenile center. The calendar for the juvenile education program will include a regular school term in compliance with state law concerning the required number of instructional and non-instructional days. The calendar will also include 20 to 40 days of summer programming.

4.2.q. The juvenile education program shall provide students the opportunity for a full instructional day in accordance with W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs.

4.3. Truancy diversion/county collaborative classroom programs shall provide instruction as described in the memorandum of understanding with the county.

W. Va. Code R. § 126-69-5 Transition Services

5.1. Transition Specialists are located across the state and assist school-aged juveniles with transition services, including but not limited to, transition from the facility back into the local school, post-secondary training, and employment. Transition specialists work cooperatively with counties and build partnerships to foster better outcomes for transitioning students. Transition specialists also collaborate with the host agency to establish permanency goals for students.

5.1.a. Transition outcomes shall be tracked using data collection to ensure the educational achievement of each student. Data collection shall be monitored monthly containing key elements, including but not limited to: number of days enrolled, credits earned, Option Pathway, Test Assessing Secondary Completion (TASC) diploma, employment, and enrollment in post-secondary or job training. Students shall be monitored for one-year post-discharge.

5.2. The juvenile center education program shall establish and implement written procedures for the immediate transfer of student records from the school of origin to the institution, from the institution to the school of origin, and from institution to institution. Procedures will include a protocol for ensuring the confidentiality of school records when sent or received.

5.2.a. Upon request from WVSDT staff, the school of origin shall promptly transfer student records to a juvenile facility.

5.3. Each county shall cooperate with the WVSDT in providing an adequate and appropriate education for students in placement. Students in transition from placement to the local school must be placed into the public school environment relevant to the student’s programmatic and behavioral level. These students must be given equal access to educational programs and services. If alternative education placement has been selected, justification must be provided to the Transition Specialist unless this placement was recommended in the transition plan. Cooperation shall include, but is not limited to, the: 1) transfer of students’ educational records in an expeditious manner upon request by WVDE staff; 2) development of a plan of transition, support, and integration at the receiving school to assure optimum conditions for enrollment; 3) acceptance of credits earned toward graduation upon documentation that completed coursework meet WVBE requirements; 4) inclusion of WVSDT staff in opportunities to participate in planned in-services and professional learning activities; 5) provision of technical assistance, upon request, from regional WVSDT staff; and, 6) development of mutual agreements to access needed services for students.

5.3.a. The plan of transition, support, and integration shall be developed by, at a minimum, the school counselor, school principal or designee, Transition Specialist, and/or parents/guardians. Other entities, including but not limited to, social services, residential providers, and/or the judiciary, may be involved in plan development.

5.4. WVSDT shall distribute a report template and annually collect results from counties regarding students who transfer back from out-of-home placements. The WVSDT and counties shall work cooperatively to ensure that transferring students are appropriately placed upon their return and that these students have access to the appropriate equitable opportunities and programming.

W. Va. Code R. § 126-69-6 Severability

6.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 071 Establishment Procedures and Operating Policies for Multi-County Career and Technical Education Centers (3232)

W. Va. Code R. § 126-71-1 General

1.1. Scope. -- This rule provides for the organization and operation of career and technical education centers serving more than one county.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §§18-2-5, 18-2B-1, et seq., 18-9A-1 et. seq., 18-9D-19(e), 18A-4-8c; and Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 USC 2301 et seq.

1.3. Filing Date. -- October 11, 2018.

1.4. Effective Date. -- November 13, 2018.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. §126CSR71 West Virginia Board of Education (WVBE) Policy 3232, Establishment Procedures and Operating Policies for Multi-County Career Vocational Technical Education Centers, filed August 12, 2005, and effective September 11, 2005.

W. Va. Code R. § 126-71-2 Purpose

2.1. The WVBE is committed to providing high quality career technical education (CTE) programs to students in West Virginia’s public schools. The WVBE also recognizes that these programs can sometimes be delivered more effectively and efficiently when two or more contiguous county boards of education join together to provide programs at a career technical education center that serves students from all participating districts.

2.2. The purpose of this rule is to provide the procedures for establishing and operating multi-county CTE centers.

W. Va. Code R. § 126-71-3 Definitions

3.1. Administrative Council. The governing body of the multi-county center, with representation from participating counties and the West Virginia Department of Education (WVDE), Division of Technical Education and Governor’s Economic Initiatives.

3.2. Advisory Council. Required by the Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 USC 2301 et seq. (Perkins Act) and is charged with advising the WVDE and local CTE programs of study on the development, administration, and evaluation of policies and programs relating to CTE. The Advisory Council is comprised of high-level contacts and volunteers from business and industry, labor, postsecondary education, the nonprofit sector and students. Advisory Councils must met a minimum of two times each during the school year.

3.3. Career Technical Student Organizations (CTSO). CTE organizations are primarily based in high schools, comprehensive high schools, and CTE centers. CTSOs are integrated into programs of study as co-curricular activities and designated as nonprofit organizations. CTSOs are authorized by the Perkins Act.

3.4. Extracurricular. Activities not directly related to curriculum; and cannot take place during class time.

3.5. Fiscal Agent. The participating county selected by the Administrative Council that maintains all fiscal records of the center.

W. Va. Code R. § 126-71-4 Establishment

4.1. Letter of Intent. Each county board of education seeking to join in a multi-county CTE center (Center) shall notify the WVBE of its intent via a letter sent to the Associate State Superintendent for the Division of Technical Education and Governor’s Economic Initiatives.

4.2. Resolution to Participate. Each county board of education desiring to join in a Center shall adopt and include in its minutes a resolution to join with one or more other counties to operate a Center and to support the Center financially through its Administrative Council.

4.3. Multi-County Center Policies. A written agreement setting forth the policies under which an Administrative Council shall operate shall be agreed upon by each participating county board of education at the time it joins, and may be amended by agreement of all participating counties.

W. Va. Code R. § 126-71-5 Operation

5.1. Administrative Council. Each Center shall be administered by an Administrative Council.

5.1.a. The Administrative Council shall be composed of:

5.1.a.1. one member of the county board of education of each county involved, selected by each respective county board of education and certified by its president and secretary;

5.1.a.2. the county superintendent of each county;

5.1.a.3. the Associate State Superintendent or designated representative of the, Division of Technical Education and Governor’s Economic Initiatives; and,

5.1.a.4. the Director, who shall attend all meetings and serve as secretary of the Administrative Council.

5.1.b. each Administrative Council may adopt a policy for the appointment of alternate or substitute members.

5.1.c. Appointment and Term. Administrative Council members from the respective boards of education shall be appointed terms of three years. If any member is unable to fulfill their term of office, a replacement shall be appointed by the respective county board of education for the un-expired term.

5.1.d. Duties. The Administrative Council shall be the Center’s governing body of the Center. The Administrative Council shall make all decisions related to the Center’s personnel, policy, programs, and control.

5.1.e. Organizational, Regular, and Special Meetings.

5.1.e.1. An organizational meeting of the Administrative Council shall be held annually during the month of July at which time a chairperson and vice-chairperson shall be elected.

5.1.e.2. A minimum of six meetings shall be held annually.

5.1.e.3. The secretary shall notify each member of the Administrative Council of the agenda for each regular meeting at least three business days in advance of the meeting.

5.1.e.4. A simple majority of the members of the Administrative Council shall constitute a quorum. All decisions shall require a simple majority vote for passage.

5.1.e.5. Special meetings may be called by the chairperson or a majority of the members.

5.1.e.6. The WVBE grants authority to the Administrative Council to enter into contracts. These contracts must be consummated through the fiscal agent which is the county board of education.

5.1.e.7. The secretary of the Administrative Council shall record the proceedings of each meeting and provide each council member with a copy of minutes and attachments within 10 business days after each meeting.

5.2. Fiscal Agent.

5.2.a. The Administrative Council may select one of the participating counties to be the Fiscal Agent. If the county selected is other than the county in which the Center is located, the selection must be approved by the WVBE.

5.2.b. The Fiscal Agent shall maintain all fiscal records relative to the Center and shall make records available to all members of the Administrative Council.

5.2.c. The Fiscal Agent cannot initiate action, control of, or direct the Center. The Fiscal Agent’s approval authority is limited to the question of the action’s legality, the Administrative Council having sole discretionary authority.

5.2.d. Because the Center operation does not represent educational expenses and benefits reserved to the Fiscal Agent, the Fiscal Agent’s county board of education shall establish and maintain separate accounts in the General Current Expense Fund apart from all other funds of the county board of education. By this means, the county board’s of education normal financial report will not be distorted, and the Center accounts will be clearly visible for accounting and auditing purposes. Purchase order forms, transmittals, invoices, checks, and records may be the same as those of the Fiscal Agent, but must be separately maintained. The Administrative Council will act, in general, as a county board of education now acts in approving fiscal actions, with the Fiscal Agent’s responsibilities being limited as provided.

5.2.e. The Fiscal Agent shall be responsible for audits. Costs of audits shall be an allowable cost in the operating budget for the Center.

5.3. Procedures for Purchasing. The Director of the Center shall adhere to the purchasing policies established by the Fiscal Agent and shall maintain a record of encumbrances. The Fiscal Agent shall approve and authorize all purchasing recommendations submitted by the Administrative Council, so long as said purchases and procedures comply with established policies, West Virginia law, and available budget.

5.4. Administration.

5.4.a. The Administrative Council shall employ a Center Director. The Director shall administer, supervise, and promote, under the policies and regulations established by the Administrative Council, the career, technical, and adult programs the Centers provide.

5.4.b. The Director shall prepare and present the annual budget to the Administrative Council for review and approval. Budget revisions must be approved by the Administrative Council before presentation to the Fiscal Agent.

5.4.c. The Director shall be responsible for the recommendation of personnel for appropriate positions. Such recommendation shall be submitted to the Administrative Council for approval. The Director shall be responsible for recommendation of school personnel actions as prescribed in W. Va. Code §18A-2-1 et seq. Assignment, transfer, promotion, demotion, reduction in force, suspension, and dismissal will be in accordance with West Virginia laws governing the employment of professional and service personnel.

5.4.d. The Director shall recommend salaries for the Center personnel. Recommendations shall be submitted to the Administrative Council for approval.

5.4.e. The Director shall prepare and present to the Administrative Council a 10 year Comprehensive Educational Facilities Plan (CEFP), and any subsequent revisions necessary.

5.5. Personnel.

5.5.a. Professional personnel shall meet the state requirements for certification in the field in which they are assigned. Decisions relating to the employment of personnel will be made by the Administrative Council upon recommendation by the Director. Personnel shall be employed at the Center as approved by the Administrative Council in accordance with West Virginia school law governing employment of service and professional school personnel.

5.5.b. The Administrative Council must afford its employees the same benefits (sick leave, vacation, insurance, retirement, continuing contract, etc.) as those to which the employees of the Fiscal Agent are entitled.

5.5.c. In the administration of grievances of employees, the Director and Administrative Council will follow grievance procedures as established by the West Virginia Public Employees Grievance Board.

5.5.d. Employees of Centers shall accrue seniority and continuing contract status in accordance with W. Va. Code §18A-4-8c.

5.5.e. Employees of Centers are not eligible to serve on the boards of education of participating counties.

5.6. Extracurricular Activities. Extracurricular activities for high school students shall be disassociated from the Center. Students attending the Center shall be entitled to participate in extracurricular activities in their home schools.

5.7. Program of Study. The Administrative Council shall be the sole authority, subject to the rules of the WVBE, in determining the program of instruction to be offered at the Center. The Director shall be responsible for implementation of the program approved by the Administrative Council.

5.8. School Year. The calendar for the school year of the Center shall be established by the Administrative Council in accordance with the program purposes. The instructional term for the Center’s high school students shall correspond with the instructional terms of the participating counties to the extent possible.

5.9. Transportation. Transportation responsibilities and expenses for each public school student attending the Center shall be assumed by the county board of education sending the student to the Center.

5.10. Records and Reports.

5.10.a. The Director shall certify the credits earned at the Center to the principals of the high schools in which the students are enrolled.

5.10.b. The Director shall prepare such other records and reports as are deemed necessary by the Director or the Administrative Council.

5.11. Advisory Council. Each Center shall establish an Advisory Council to provide advice on current job needs and the relevance of courses being offered by the Center in meeting such needs. Such an Advisory Council shall be composed of members of the general public, and shall include representatives of business, industry, and labor. The Director shall serve as secretary of the Advisory Council. Each county shall have representation on the council and Advisory Council members representing a county shall have their appointments approved by that county’s board of education. The term of office of the chairperson shall be one year. The chairperson shall be elected by the membership. In addition, the Center Director shall see that the Advisory Committee includes representatives of business, industry, and labor for each career technical program of study offered.

5.12. Finance. The Center shall be financed as follows:

5.12.a. The Administrative Council shall request state and federal financial assistance for support of instruction, administration, supervision, operational expenses, and other services associated with the operation of the Center.

5.12.b. The following “steps” of the state foundation program shall be included in the sources of revenue for the operation costs of Centers: Step 1, Step 2, Step 3, Step 6 and allowances for Public Employees Insurance Agency and retirement.

5.12.c. The local share shall be the total budget (expenditures) for the operation of the Center minus anticipated (received) revenues from federal and state sources, and the local share shall be proportioned among the participating counties based on the previous year’s enrollment (second month) in the Center.

5.12.d. The Fiscal Agent county is also eligible to receive, from state vocational funds, an allocation for administrative costs. This amount shall be equal to the county’s current restricted indirect cost rate times the amount of revenue received toward operation of the Center from the state foundation program and other state and federal vocational funds.

5.12.e. The Administrative Council may accept gifts, grants, other state and federal funds, tuition, and other allocations of funds for purposes of erecting, repairing, equipping buildings, and operating the Center.

5.13. Withdrawal. W. Va. Code §18-2B-2a states that any county participating in the operation of a Center shall not be permitted to withdraw from such participation.

5.14. Duplication of Center Programs.

5.14.a. When planning the construction of a high school in a county that is served by a Center, the county may not be required to include the construction of a comprehensive career technical center in the CEFP. If the county board of education elects to construct a comprehensive career technical center, the board shall include the Director and Administrative Council in the planning of programs to be offered at the career technical center which complement the programs offered at the Center. The programs offered at the career technical center may not replace the programs offered at the existing Center without the consent of the Center’s Administrative Council (see W. Va. Code §18-9D-19(e)).

5.14.b. A partner county that plans to duplicate a state approved CTE program of study currently operating at the Center shall receive permission of the Multi-County Administrative Council prior to adding the duplicated program of study to the local educational agency plan.

5.14.c. A partner county that plans to open a local concentration (non state-approved) as outlined in W. Va. 126CSR44M, WVBE Policy 2520.13, West Virginia College- and Career-Readiness Program of Study/Standards for Career and Technical Education, must:

5.14.c.1. establish local West Virginia Education Information System course codes for offered courses;

5.14.c.2. establish a different program of study name;

5.14.c.3. acquire local county board of education approval;

5.14.c.4. assure the instructor certification aligns with WVDE certification requirements;

5.14.c.5. maintain state facility and safety compliance; and,

5.14.c.6. fund locally without use of any CTE federal or state funds.

5.14.d. Local concentration completer data will not be included in state and federal accountability or CTE funding formulas.

W. Va. Code R. § 126-71-6 Severability

6.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 073 School Calendar (Policy 3234)

W. Va. Code R. § 126-73-1 General

1.1. Scope. -- This legislative rule sets forth general regulations related to the adoption of the annual school calendar by the county boards of education (county boards).

1.2. Authority. -- W. Va. Constitution, Article XII, §2 and W. Va. Code §§18-1-2, 18-2-5, 18-5A-5, 18‑5-45, and 18A-5-2.

1.3. Filing Date. -- November 9, 2017.

1.4. Effective Date. -- December 11, 2017.

1.5. Repeal of Former Rule. -- The legislative rule repeals and replaces W. Va. 126CSR73, West Virginia Board of Education (WVBE) Policy 3234, School Calendar, filed February 12, 2016, and effective July 1, 2016.

W. Va. Code R. § 126-73-2 Purpose

2.1. The purpose of this rule is to set forth general criteria for adoption of the annual school calendar to provide county boards and multi-county vocational centers as much flexibility as possible to develop a calendar that meets student and local school needs.

W. Va. Code R. § 126-73-3 Application

3.1. These regulations apply to the adoption of the school calendars for the 2017-2018 school year and subsequent years. These regulations apply to county boards and to schools under the supervision of the WVBE and/or West Virginia Department of Education (WVDE).

W. Va. Code R. § 126-73-4 Definitions

4.1. Accrued time. -- Time added to the minimum instructional day, which ensure county boards are able to provide sufficient time to cover late arrivals, early dismissals, and faculty senates held during an instructional day as defined in section 4.6. (See section 5.4 for application.)

4.2. Co-curricular activity. -- An activity that is closely related to identifiable academic programs or areas of study that serve to complement the academic and technical curricula for students.

4.3. County boards. -- The governing body charged with the supervision and control of a county board, which is composed of five members, nominated and elected by the voters of the respective county.

4.4. Equivalent instructional time. -- Minutes added to the minimum instructional day which ensure that over the course of the instructional term, students will receive instruction for the amount of time equivalent to 180 separate instructional days as defined in section 4.6. (See section 5.4 et seq. for application).

4.5. Extracurricular activity. -- An activity that is not part of the required instructional day or curricular offerings but that is under the supervision of the school. Examples include athletics, non- instructional assemblies, social programs, entertainment, and other similar activities.

4.6. Instructional day. -- Pursuant to W. Va. Code §18-5-45, instruction is offered to students for at least the minimum number of minutes as follows:

4.6.a. grade Pre-K: Minimum of 1500 Minutes per week/48,000 minutes per year. Instruction is offered to students for at least the minimum number of minutes specified by W. Va. 126CSR28, WVBE Policy 2525, West Virginia’s Universal Access to a Quality Early Education System.

4.6.b. grades K-5: Minimum of 315 minutes per day.

4.6.c. grades 6-8: Minimum of 330 minutes per day.

4.6.d. grades 9-12: Minimum of 345 minutes per day.

4.6.e. The instructional day is used for instruction and/or co-curricular activities.

4.6.f. The instructional day may be used for educator collaboration and professional learning teams as specified by W. Va. 126CSR149, WVBE Policy 5500, Professional Learning for West Virginia Educators (Policy 5500), while students are provided instruction through alternative methods without requiring early dismissal or late arrival of students.

4.6.g. The instruction provided to students is aligned to the state approved content standards.

4.7. Non-traditional instructional day (NTID). -- A period of instructional time or day when the instruction is delivered to students through alternative methods. A county board may develop a plan subject to approval by the state board for teachers to assign and grade work to be completed by students on days when students are away from the classroom or schools are closed due to inclement weather or other unforeseen circumstances. Instruction may be provided to students when students are not in the classroom or school for any reason. Educators may accomplish instruction with the utilization of technology or other methods to provide instruction remotely when students are away from the school facility.

4.8. Minimum employment term. -- An employment term for regular, full-time county board employees of at least 200 days, which do not need to be successive, exclusive of Saturdays and Sundays. Pursuant to W. Va. Code §18-5-45(c)(i), the minimum employment term shall be no less than ten months with each month defined as 20 employment days.

4.9. Non-instructional day. -- A day within the minimum employment term, excluding holidays, in which no instruction to students is provided, (e.g. (P) Preparation Day, (C) Continuing Education Day, (CD) Curriculum Development Day, etc.).

4.10. Out-of-calendar day. -- A nonpaid day that is not included as a part of the minimum employment term.

4.11. School year. -- Pursuant to W. Va. Code §18-1-2, the school year begins on the first day of July and ends on the thirtieth day of June.

W. Va. Code R. § 126-73-5 School Calendar

5.1. Each county board must develop a school calendar each year and submit the proposed calendar to the State Superintendent of Schools, or designee, by the established deadline. Multi-county vocational centers may develop a school calendar or adopt the calendar of a partnering county and submit proposed plans to the State Superintendent of Schools or designee.

5.2. The school calendar shall provide: (A) an instructional term for students of no less than 180 separate instructional days or equivalent instructional time gained by increasing the number of minutes by a minimum of 30 minutes to the required number of instructional minutes per programmatic level in the instructional day, and (B) a minimum employment term for employees of no less than 200 days.

5.3. A county board may provide for a longer instructional term for students, but must increase the employment term by a comparable number of days.

5.4. Each county board must develop inclement weather and emergency policies designed to guarantee that 180 separate instructional days or equivalent instructional time is provided to students.

5.4.a. The policy must provide for the addition of accrued instructional time (1-29 minutes per instructional day) or equivalent instructional time (30 minute minimum) added to the instructional day, beyond the state required minimum, or that entire additional days of instruction be added, to recover time lost due to late arrivals and early dismissals.

5.4.b. When the equivalent instructional time added to the instructional day, beyond the state required minimum, is at least 30 minutes per day (i.e. elementary school: 315 + 30 = 345 minutes, middle school: 330 + 30 = 360 minutes, high school, 345 + 30 = 375 minutes), a school has achieved sufficient equivalent instructional time to:

5.4.b.1. Avoid rescheduling or adding instructional days to make-up for five instructional days missed due to school closures for inclement weather or other emergencies. The county may credit the equivalent instructional time for up to five instructional days cancelled during the instructional term with notice to the WVBE;

5.4.b.2. Schedule up to five days or equivalent portions of days within the instructional term as professional learning days for educators in lieu of instructional days for students. These days or equivalent portions of days are not subject to cancellation or being rescheduled to make-up for instructional days lost. The days must be used as determined by the county board, must be used without students present and must be used exclusively for activities by educators at the school level which are designed to improve instruction; and

5.4.b.3. Use any remaining equivalent instructional time to recover time lost due to late arrivals and early dismissals.

5.4.c. The policy may include NTID on an instructional day or days, up to five, when a school or schools are closed due to inclement weather or other emergency. The NTID must be in accordance with a plan developed by the county board and approved by the WVBE. An NTID is an instructional day notwithstanding the closure of a school or schools and shall be credited as such on the day the instruction is delivered.

5.5. Pursuant to W. Va. Code Chapter §18-5-45(o), the WVBE may grant a waiver to a county board for noncompliance with the provisions of W. Va. Code §§18, 18A, 18B, and 18C to maintain compliance in reaching the mandatory 180 separate days of instruction.

5.6. The limitation on the delivery and application of NTID to days when a school or schools are closed due to inclement weather or other emergency as provided in this policy are not intended and may not be construed to limit the use of non-traditional instruction as an instructional delivery strategy when students may not be in the classroom or school for reasons other than a closure.

W. Va. Code R. § 126-73-6 Employment Term

6.1. The school calendar shall provide for an employment term that meets the following criteria:

6.1.a. An employment term of at least 200 days, which need not be successive, excluding Saturdays and Sundays, for all regular, full-time employees.

6.1.b. The length of the employment term (from the beginning to closing dates) cannot exceed 48 weeks, pursuant to W. Va. Code §18-5-45(c)(1).

6.1.c. The minimum employment term shall consist of no less than 180 separate days or equivalent days of instruction, and 20 non instructional days, comprised of the following:

6.1.c.1. Seven paid holidays (any combination of the school holidays included in W. Va. Code §18A-5-2, which are: Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Christmas Day, New Year’s Day, Martin Luther King’s Birthday, Memorial Day, or West Virginia Day). The remaining school holidays are to be scheduled as nonpaid, out-of-calendar days, and are to be considered as such for all 200-day employment contracts;

6.1.c.2. An election day, as specified in W. Va. Code §18A-5-2;

6.1.c.3. Six days to be designated as outside the school environment, at least four of which must be scheduled after the 130th day of instruction of the school calendar;

6.1.c.4. The school calendar shall designate one non-instructional day for teachers as a preparation day for opening school and another for teachers as a preparation day for closing school.

6.1.c.5. The remaining days to be designated by the county board for purposes to include, but not be limited to:

6.1.c.5.A. curriculum development;

6.1.c.5.B. professional learning opportunities;

6.1.c.5.C. teacher-pupil-parent conferences;

6.1.c.5.D. professional meetings;

6.1.c.5.E. making up days when instruction was scheduled but not conducted;

6.1.c.5.F. scheduled out-of-calendar days that are to be used for instructional days in the event school is cancelled for any reason.

6.1.c.6. County boards are also required to designate time sufficient to meet the requirements of Policy 5500, and W.Va. 126CSR150A, WVBE Policy 5500.02, County Service Personnel Staff Development Councils, during the minimum employment term. All professional and service personnel are required to complete professional learning hours and/or processes as specified in the respective policies.

W. Va. Code R. § 126-73-7 Instructional Term

7.1. The school calendar shall provide an instructional term for students of no less than 180 separate days of instruction or the equivalent of such time.

7.2. The minimum instructional term may be decreased by order of the State Superintendent of Schools in any county declared a federal disaster area and in any county subject to an emergency or disaster declaration by the Governor where the event causing the declaration is substantially related to a reduction of instructional days.

7.3. Equivalent instructional time may be used only for the purposes specified in this policy and may not be used for any other purposes or applied in any other manner to avoid one hundred eighty separate days of instruction.

7.4. If it is not possible to provide 180 separate or equivalent instructional days within the school calendar as originally scheduled, the county board must schedule instruction on any available non‑instructional day (other than holidays, election day, or Saturdays and Sundays), regardless of the purpose for which the day was originally scheduled, or use a day that was scheduled as an out‑of‑calendar day. County boards have the ability to apply for a waiver in accordance with the provisions of W. Va. Code §18-5-45(o) to assist with meeting the mandatory 180 days of instruction.

7.5. If an out-of-calendar day is used as a make-up instructional day, the originally scheduled instructional day that was cancelled becomes the out-of-calendar day (unpaid day). In accordance with W. Va. Code §18A-5-2, an employee’s pay is not to be adjusted during a pay period because of this revision in the school calendar.

7.6. Pursuant to W. Va. 126CSR42, WVBE Policy 2510, Assuring the Quality of Education: Regulations for Education Programs, co-curricular activities may, by their nature, be scheduled without regard to the use of equivalent instructional time.

7.7. Extracurricular activities do not count toward meeting the minimum instructional time for an instructional day. Equivalent instructional time may not be used to accommodate the scheduling of extracurricular activities during instructional days.

W. Va. Code R. § 126-73-8 Faculty Senate Meetings

8.1. Pursuant to W. Va. Code §18-5A-5, the school calendar must provide to each faculty senate a two-hour block of time for a faculty senate meeting on a day scheduled for the opening of school prior the beginning of the instructional term and on a day scheduled for the closing of school before the end of the employment term. In addition to the opening and closing of school, faculty senate meetings are to be held during the months of October, December, February, and April, for a total of six two-hour meetings. Faculty senate meetings can be held on days set aside for late arrivals and early dismissals, or part of a non-instructional day. The portion of the non-instructional day scheduled for the faculty senate meeting shall be considered as part of the purpose for which the non-instructional day is scheduled.

8.2. Faculty senates may also schedule a meeting during an instructional day if sufficient equivalent instructional time has been set aside by a school; however, every school in the county must have set aside sufficient time for all faculty senates in the county to meet in this manner.

8.4. A faculty senate may also meet for an unlimited block of time during a non-instructional day to discuss and plan strategies to improve student instruction and to conduct other faculty senate business.

8.5. A faculty senate may elect to schedule a meeting on an instructional day outside of the instructional time for students, and take compensatory time off on the non-instructional day that is provided by the county board for its meeting, as long as the meeting takes place prior to the day that is scheduled in the school calendar.

8.6. If a non-instructional day that is originally scheduled for faculty senates to meet is cancelled due to inclement weather, the county board may, but is not required to, reschedule the non-instructional day in order for the faculty senates to meet.

W. Va. Code R. § 126-73-9 Public Hearings

9.1. Prior to voting on a final school calendar, each county board must hold at least two public hearings that allow all interested parties to discuss the school calendar.

9.2. Pursuant to W. Va. Code §18-5-45, public notices of the hearings must be published as a Class II legal advertisement in accordance with the provisions of W. Va. Code §59-3-1 et seq. This means the legal advertisement must be published once a week for two successive weeks in a qualified newspaper published in the publication area. Notices for both hearings can be published in one advertisement. The first notice must be published at least ten days prior to the first meeting to provide sufficient time for interested parties to plan on attending the hearing.

W. Va. Code R. § 126-73-10 Submission of School Calendar to WVBE for Approval

10.1. Pursuant to W. Va. Code §18-5-45(k), prior to implementing the school calendar, county boards shall secure approval of its proposed calendar from the WVBE.

10.2. Unless the WVBE requests otherwise, the authority to approve the school calendars is delegated to the State Superintendent of Schools. This does not include the approval of waiver requests.

10.3. The school calendar, and any additional requested information, must be submitted in accordance with the annual instructions issued by the State Superintendent of Schools.

W. Va. Code R. § 126-73-11 Severability

11.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 075 Innovation in Education (Policy 3236)

W. Va. Code R. § 126-75-1 General

1.1. Scope. -- This policy implements the Innovation in Education Act, W. Va. Code §§18-5E-1 through 18-5E-7, and sets forth the process by which public schools may apply and be designated by the West Virginia Board of Education (hereinafter WVBE) as an Innovation in Education school.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §§18-2-5, 18-5B-14, 18-5E-1, 18-5E-2, 18-5E-3, 18-5E-4, 18-5E-5, 18-5E-6, and 18-5E-7.

1.3. Filing Date. -- October 13, 2016.

1.4. Effective Date. -- November 14, 2016.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR75, WVBE Policy 3236, Education Innovation Zones, filed September 12, 2014, and effective October 14, 2014.

W. Va. Code R. § 126-75-2 Purpose

2.1. The purpose of this policy is to encourage and incentivize public schools to improve overall student outcomes through the implementation of key innovational priorities for improving education in the following areas: (1) science, technology, engineering, and math (hereinafter STEM); (2) community school partnership; (3) entrepreneurship; (4) career pathways; and (5) the arts. This act provides a mechanism for public schools designated by the WVBE as Innovation in Education schools to redesign their curriculum, instructional delivery and instructional strategies, to enhance student engagement, to develop meaningful community partnerships and to operate under greater flexibility to increase student achievement.

W. Va. Code R. § 126-75-3 Innovation in Education school defined

3.1. An Innovation in Education school is a public school in this state that applies to and is designated by the WVBE as an Innovation in Education School with a principal focus in one of the following areas: (1) STEM; (2) community school partnership; (3) entrepreneurship; (4) career pathways; and (5) the arts. An Innovation in Education school is not prohibited from incorporating more than one of the five attributes into its program design, notwithstanding the primary designation under which it applies or is subsequently designated.

3.2. An Innovation in Education school shall: provide a program of public education that includes one or more of the grade levels prekindergarten to grade twelve including any associated post-secondary dual credit, advanced placement, and industry or workforce credential programs:

3.3. Shall design its educational program to meet or exceed the approved content standards and is subject to all student assessment, accreditation and federal accountability requirements applicable to other public schools in this state. However, nothing shall prohibit an Innovation in Education school from establishing additional student assessment measures or implementing competency-based course completion strategies that go beyond state requirements;

3.4. Shall operate according to an Innovation in Education Plan developed by the school’s principal and faculty with input from its local school improvement council, the county board, the county superintendent and, if the school is a high school, the students of the school;

3.5. Shall, if designated by the WVBE as an Innovation in Education Demonstration School, host visits and tours of its facility and programs to provide information and an opportunity to observe any successful innovations which may be replicated in other schools. The school may require the payment of a fee to off-set the cost of hosting such visits and tours; and

3.6. May solicit and accept gifts, donations, or grants for school purposes from public or private sources in any manner that is available to a local school district and expend or use such gifts, donations, or grants in accordance with the conditions prescribed by the donor except that a gift, donation, or grant may not be accepted if subject to a condition that is contrary to any provision of law or term of the school’s Innovation in Education Plan. Any monies received by an Innovation in Education school from any source remaining in the school’s accounts at the end of a fiscal year shall remain in its accounts for use during subsequent fiscal years.

3.7. Previously designated Innovation Zones and Local Solution Dropout Prevention and Recovery Innovation Zones may continue with their approved plans. All funding received through the previous Innovation Zone designations must be utilized prior to June 30, 2019. If the previous Innovation Zone designations are not granted an Innovation in Education designation by June 30, 2019 they will then need to apply for a waiver for exceptions of any state policy previously granted under Innovation Zones. All Innovation Zones are encouraged to reapply under the Innovation in Education Act.

W. Va. Code R. § 126-75-4 Application for Innovation in Education school designation

4.1. Applicants must submit an application and a plan outlining their Innovation in Education focus in STEM, community school partnership, entrepreneurship, career pathways, or the arts to the West Virginia Department of Education (hereinafter WVDE). The application and Innovation in Education Plan guidelines are available through the WVDE Division of Teaching and Learning.

4.2. Application and Innovation in Education Plans must follow the established timelines and rubrics, as well as all regulations indicated in law and policy, secure the necessary support, and include all the components outlined in WVDE guidance documents.

4.3. Application and plans must include:

4.3.a. documentation of participation of the principal, faculty, if the school is a high school, students, with input from the local school improvement council, the county board of education, and the county superintendent in the plan's development;

4.3.b. the proposed mission and vision of the school as it pertains to becoming an Innovation in Education school, including identification of the designation it seeks to obtain as a primary focus on which may include: (1) STEM; (2) community school partnership; (3) entrepreneurship; (4) career pathways; or (5) the arts;

4.3.c. an executive summary and the school’s proposed academic program, including a description of the school’s instructional design, learning environment, class structure, curriculum overview, teaching methods, research basis, and other elements required in the school’s Innovation in Education Plan;

4.3.d. a clear articulation of the areas of autonomy and flexibility in curriculum, budget, school schedule and calendar, professional learning, and staffing policies and procedures which would require a exception of policy or code;

4.3.e. requests for exceptions of any state policy, rule, statute, or interpretation except from an assessment program administered by the WVDE; or required approved content standards any provision of law or policy required by the Every Student Succeeds Act of 2015 (hereinafter ESSA), Public Law No. 107-110, or other federal law.

4.3.e.1. A request for an exception to a statute, policy, rule, or interpretation must contain the following information:

4.3.e.1.A. a description of the program or initiative the school system intends to implement as an innovative strategy to improve student achievement if the request is approved by the WVBE;

4.3.e.1.B. an explanation of the specific exception to a statute, policy, rule, or interpretation, in the singular or plural, that the school system has identified as prohibiting or constraining the implementation of the program or initiative;

4.3.e.1.C. why the exception is necessary; and

4.3.e.1.D. an explanation of how the program or initiative contributes to the activities contemplated in the school system Innovation in Education Plan.

4.3.e.2. A request for an exception to a state policy, rule, statute or interpretation must be approved by a vote of the affected employees. Requests for exceptions may be submitted at any point during the Innovation in Education designation.

W. Va. Code R. § 126-75-5 Innovation in Education Plan; required contents; measurable annual performance goals; uses

5.1. The Innovation in Education Plan shall include each of the following components:

5.1.a. A description of how the school will address the overall climate and culture of the school as a high performing learning environment in which every child may succeed to the best of his or her ability, including but not limited to measurable annual goals to increase overall student achievement; address dropout prevention, and transform school culture;

5.1.b. A curriculum plan that includes a detailed description of the curriculum and related programs for the proposed school and how the curriculum is expected to improve school performance and student achievement;

5.1.c. Measurable annual performance goals to assess the school’s performance and student success across multiple measures and that will serve as the basis evaluating the Innovation in Education school, including but not limited to, goals relating to: (1) student attendance; (2) student safety and discipline; (3) student promotion and graduation and dropout rates; (4) student performance on the state-wide summative assessment and other assessment required by the WVBE; (5) progress in areas of academic underperformance; (6) progress among subgroups of students, including, but not limited to, low-income students and students receiving special education; (7) with respect to high school, postsecondary readiness, including the percentage of graduates submitting applications to postsecondary institutions, and postsecondary enrollment or employment; and (8) parent and community engagement;

5.1.d. A budget plan that includes a detailed description of how funds will be used in the proposed school to support school performance and student achievement that is or may be different than how funds are used in other public schools in the district;

5.1.e. A school schedule plan that includes a detailed description of the ways the program or calendar of the proposed school may be enhanced or expanded;

5.1.f. A staffing plan and professional learning plan that includes a detailed description of how the school may provide professional learning to its administrators, teachers, and other staff;

5.1.g. A policies and procedures plan that includes: (1) a detailed description of the unique operational policies and procedures to be used by the school seeking designation and how the procedures will support school performance and student achievement; and (2) any exemptions to rule, policy, or statute the school is seeking; provided, that a school may not request an exemption nor may an exemption be granted from any assessment program required by the WVBE, required approved content standard polices, or any provision of law or policy required by ESSA or other federal law;

5.1.h. The school’s plan, if any, for using additional internal and external metrics of the performance agreed to by the school and the county board to measure the school’s performance and student success;

5.1.i. Opportunities and expectations for parent involvement; and

5.1.j. Any other information the WVBE requires.

W. Va. Code R. § 126-75-6 Innovation in Education application review and approval

6.1. The WVBE and its designees will determine the selection committee to include stakeholders from the areas of STEM, community schools, entrepreneurship, career pathways and the arts.

6.2. The selection committee shall review plans, including WVDE staff recommendations, based on a review of applications that meet the required criteria. Applicants will be independently assessed based on the established evaluation rubric.

6.3. The Selection Committee shall recommend applications to the WVBE for approval.

6.4. After thorough consideration the WVBE will make the following determinations:

6.4.a. Grant a designation only to applicants who have demonstrated competence in each element of the evaluation factors and who have demonstrated their capacity to operate an Innovation in Education school that will increase student achievement;

6.4.b. Determinations based on documented evidence collected through the application review process;

6.4.c. If appropriate, include in a designation determination reasonable conditions that the applicant must meet before commencing operation under the designation, including resubmission of the application;

6.4.d. Decline weak or inadequate applications and clearly state its reasons for denial;

6.4.e. Make and announce all designations of Innovation in Education schools in a meeting open to the public and clearly state in a resolution the reasons for the decisions. A copy of the resolution shall be submitted to the Legislative Oversight Commission on Education Accountability; and

6.4.f. Convey its determination on an application in writing to the applicant.

6.5. An Innovation in Education school may not commence or continue operations without a signed operational agreement between the county board and the school principal.

6.6. The WVDE shall at least annually review the progress of the Innovation in Education program and provide a report to the WVBE and the Legislative Oversight Committee on Education Accountability.

6.7. Following the annual review/report, if the WVDE determines that adequate progress has not been made, a report identifying areas of concern shall be submitted to the WVBE.

6.7.a. The WVDE may conduct an additional review within six months of submitting the report.

6.7.b. Within this review, if the WVDE determines that the Innovation in Education school has not made adequate progress, the WVBE may revoke the designation as an Innovation in Education designation.

W. Va. Code R. § 126-75-7 Operational agreement between Innovation in Education school and county board

7.1. An Innovation in Education school designated by the WVBE may not commence or continue operations without a signed operational agreement between the county board and the school principal which sets forth at least the following:

7.1.a. Any conditions which must be met before the Innovation in Education school may begin full operations. If necessary, the full implementation of an Innovation in Education school may be postponed for up to one school year following its initial designation to enable all conditions necessary for full operation to be met;

7.1.b. Any terms of the school’s Innovation in Education Plan concerning curriculum, budget, school schedule, calendar, staffing, professional learning, and policies and procedures to be adhered to by both the county board and the school;

7.1.c. An agreed-upon process for amending or refining the school’s Innovation in Education Plan to improve the school’s performance and student success, including but not limited to, the request for additional exception of rules, policies, interpretations, and statutes through the local school improvement council process;

7.1.d. The annual performance targets set by the county board and the school to assess and evaluate the school’s progress in achieving its annual measureable goals as set forth in its Innovation in Education Plan, including any additional internal and external metrics of performance agreed to by the school and the county board to measure the school’s performance and student success. The annual performance targets may be refined or amended by mutual agreement of the county board and the school after the school has been fully operational for one year and has collected baseline performance data;

7.1.e. The process and criteria that the county board will use to annually monitor and evaluate the overall performance and student success of the school, including a process to conduct annual school visits;

7.1.f. Any information needed by the county board from the school for the purposes of accountability and reporting by the school on the implementation of its mission as an Innovation in Education school;

7.1.g. The process the county board will use to notify the school of any deficiencies and the process by which the school may submit an improvement plan; and

7.1.h. In the event that an Innovation in Education school’s performance appears unsatisfactory, specific provisions addressing the parameters under which the county board may promptly notify the school in writing of perceived problems and provide reasonable opportunity for the school to remedy the problems, or if not remedied, may intervene or recommend to the WVBE that it place the school’s designation on probationary status, require a remedial action plan, and potentially revoke the designation. At a minimum, these parameters shall include the circumstances of poor fiscal management and a lack of academic progress.

W. Va. Code R. § 126-75-8 Evaluation of Innovation in Education designated schools

8.1. The WVBE and/or its designees will systematically review the performance and student success of Innovation in Education schools, reaffirm or reconsider the designation of a school, and identify exemplary schools to serve as demonstration sites.

8.2. During its third full year of operation the county superintendent shall issue a performance report on the Innovation in Education school. The performance report shall summarize the school’s performance record to date based on the data collected under the school’s Innovation in Education Plan and operational agreement, and shall provide notice of any weaknesses or concerns perceived by the superintendent concerning the school that may jeopardize its designation if not timely rectified. The school and the superintendent shall mutually agree to a reasonable time period for the school to respond to the performance report and submit any corrections to the report.

8.3. After its fourth full year of operation, and periodically thereafter as may be provided by the WVBE, the Innovation in Education school shall be evaluated by the county superintendent. The county superintendent shall submit the evaluation to the county board and the WVBE. The evaluation shall determine whether the school has met the annual goals outlined in its Innovation in Education Plan and operational agreement, and assess the implementation of the Innovation in Education Plan at the school.

8.4. The county superintendent may recommend to the county board and WVBE in the evaluation:

8.4.a. To amend or suspend one or more components of the Innovation in Education Plan and operational agreement if the county superintendent determines an amendment or suspension is necessary to improve the performance and student success of the school;

8.4.b. To amend or suspend one or more components of the Innovation in Education Plan and operational agreement if the county superintendent determines an amendment or suspension is necessary because of subsequent changes in the district that affect one or more components of such Innovation in Education Plan;

8.4.c. To support continued operation of the Innovation in Education school in accordance with its Innovation in Education Plan and operational agreement; or

8.4.d. To recommend to the WVBE that the school be designated as an Innovation in Education demonstration school based on its exemplary performance and student success.

8.5. Based on the county superintendent’s evaluation and a data analysis conducted by the WVDE, the WVBE may:

8.5.a. Amend or recommend an amendment to one or more components of the school’s Innovation in Education Plan and operational agreement;

8.5.b. Suspend one or more components of the school’s Innovation in Education Plan and operational agreement; or

8.5.c. Affirm continuation of the Innovation in Education school under its current Innovation in Education Plan and operational agreement.

8.5.d. If it is determined that the school has substantially failed to meet the goals outlined in its Innovation in Education Plan and operational agreement, terminate the Innovation in Education designation of the school.

8.6. An amendment, suspension, or termination may not take place before the completion of the school year.

W. Va. Code R. § 126-75-9 Innovation in Education fund

9.1. There is hereby created in the State Treasury a special revenue fund to be known as the Innovation in Education Fund. The fund shall consist of all moneys received from whatever source to further the purpose of this Innovation in Education Act. The fund shall be administered by the WVBE solely for the purposes of this article, including providing grants and other financial assistance to Innovation in Education designated schools to implement and carry out such school Innovation in Education Plans. 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 Innovation in Education Act.

W. Va. Code R. § 126-75-10 Severability

10.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

126CSR42

126CSR75

Series 079 Charter Public Schools (Policy 3300)

W. Va. Code R. § 126-79-1 General

1.1. Scope. - This legislative rule establishes the regulations for the creation and operation of charter public schools.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §18-2-5 and §18-5G-1 et seq.

1.3. Filing Date. -- July 14, 2021.

1.4. Effective Date. -- August 16, 2021.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR79, Policy 3300, Charter Public Schools, filed February 13, 2020, and effective March 16, 2020.

W. Va. Code R. § 126-79-2 Purpose

2.1. Consistent with language of W. Va. Code §18-5G-1, et. seq., the purpose of this policy is to guide the establishment of charter schools in West Virginia in an effort to improve student outcomes by offering students more educational options than are currently available, including those that employ innovative methods and programs and/or utilize distinctive school curricula, specialized academic programs, or technical themes.

2.2. Consistent with the stated intent and objectives in W. Va. Code §18-5G-1, the purpose of this policy is to establish a clear and transparent process that allows for the creation and operation of charter schools described above. To this end, charter schools are afforded significantly greater autonomy than non-charter public schools in exchange for greater expectations and accountability than non-charter public schools.

2.3. When necessary, this policy builds on the statutory language to provide additional clarity to the process for establishing charter schools.

2.4. The West Virginia Department of Education (“WVDE”) is statutorily charged with making certain materials available to assist charter applicants, authorizers, governing board members, etc. Those materials are available for use by charter applicants, authorizers, governing board members, and charter school administrators at the WVDE’s website.

W. Va. Code R. § 126-79-3 Definitions

3.1. Accountability Plan. The set of objectives against which the success of a charter school is evaluated. The accountability plan must be comprised of two parts. First, charter schools must participate in the state accountability system, pursuant to W. Va. Code §18-5G-3(a)(1) and §18-5G-8(b)(10). Second, charter schools are accountable to a performance framework defined in the charter contract that includes a set of student outcome goals and specific measures aligned to the educational mission of the charter school, pursuant to W. Va. Code §§18-5G-4(a)(4), 18-5G-6(h), and 18-5G-9(c). Authorizers will use success in meeting the goals of the accountability plan in evaluating the status of charter contracts.

3.2. Authorizer. Pursuant to W. Va. Code §18-5G-2(2), the entity that reviews charter school applications, determines whether to approve or reject charter school applications, enters into charter contracts with approved charter school applicants, oversees the charter public school the entity has authorized, and determines whether to renew, not renew, or revoke a charter contract.

3.2.a. Authorizers include (1) a county board of education when the application includes a primary recruitment area, as defined in section 9, that is wholly within the county over which the county board has jurisdiction, (2) two or more county boards of education when the application includes a primary recruitment area that encompasses territory in the two or more counties over which the respective boards have jurisdiction; or (3) the West Virginia Professional Charter School Board. The West Virginia Board of Education (WVBE) may serve as an authorizer in a county where the WVBE is currently intervening pursuant to W. Va. Code §18-2E-5 or when a county board of education, or two or more county boards of education, has approved an application and then submits a request to the WVBE to perform all other authorizer duties and responsibilities demonstrating that the county board(s) lacks the capacity to fulfill the authorizing duties and responsibilities set forth in law and policy.

3.3. Charter Applicant or Applicant. Pursuant to W. Va. Code §18-5G-2(1), any one or more combination of parents/guardians, community members, teachers, school administrators, or institutions of higher education in this state who are interested in organizing a charter school, have obtained or applied to obtain 26 U.S.C. §501(c)(3) (501(c)(3)) tax-exempt status, and have developed and submitted a charter school application to an authorizer. Notwithstanding any other provision of this policy, an applicant must obtain 501(c)(3) status before operation of any charter school commences.

3.4. Charter Contract. Pursuant to W. Va. Code §18-5G-2(3), the fixed-term, renewable contract between a charter school’s governing board and an authorizer. The required components of a charter contract are detailed in section 6.

3.5. Charter Public School or Charter School. Pursuant to W. Va. Code §18-5G-2(11), a public school that is authorized in accordance with W. Va. Code §18-5G-1, et seq. and this policy. References to the entity of a charter school encompass the governing board, administration, and staff of the charter school in question, except where specific reference is made to one group. In all cases, the governing board of a charter school is ultimately responsible for the actions and performance of the charter school. Pursuant to W. Va. Code §18-5G-5(c), charter schools are their own local education agency (LEA) for all purposes except as stated otherwise in this policy for purposes of the public school support plan (PSSP), and are not considered to be part of the county board of education LEA. Notwithstanding the mode or method of educational delivery, charter schools have the same roles, duties, and responsibilities to students as existing LEAs.

3.5.a. A Conversion Charter school is a charter school that existed as a non-charter public school prior to being authorized to operate as a charter school. Applicants seeking to establish a conversion charter school can only apply to the county board of education where the school is located. In accordance with W. Va. Code §18-5G-1(e), existing private, parochial, and nonpublic schools are not permitted to apply as a conversion charter school.

3.5.b. A Start-up Charter School is a charter school that did not exist as a non-charter public school prior to becoming a charter school. In accordance with W. Va. Code §18-5G-1(e), existing private, parochial, and nonpublic schools are not permitted to apply as start-up charter schools.

3.5.c. A Virtual Charter School is a charter school that provides educational services predominantly through an online program.

3.6. Conditional Approval. Approval given by an authorizer after thoroughly reviewing a charter school application based upon the representations and commitments made by the applicant in the application and through the application process. Satisfaction of those representations and commitments will result in final approval of the charter school application by the authorizer.

3.7. Education Service Provider (ESP). An entity that manages the day-to-day delivery of education to students in a charter school and meets and adheres to the requirements set forth in W. Va. Code §18‑5G‑2(7) and section 11. Notwithstanding any contractual agreements with an ESP, the governing board remain accountable for the charter school’s performance.

3.8. Governing Board. An entity that meets the requirements of W. Va. Code §18-5G-7 and is party to a charter contract with an authorizer. Specific references to the governing board in this policy indicate where the governing board has a specific duty to perform certain acts. The governing board is the entity responsible for the actions and performance of charter schools.

3.9. Non-charter Public School. Pursuant to W. Va. Code §18-5G-2(9), a public school or multicounty career technical education (CTE) center other than a charter school.

3.10. Student. Pursuant to W. Va. Code §18-5G-2(15), any person who is eligible to attend a public school in West Virginia.

3.11. Student with Special Needs. A student who has a documented need that may require additional focus, support, and resources to successfully educate the student. Such students include, but are not limited to, at-risk students, English learners, students with severe disciplinary problems at a non-charter public school, or students involved with the juvenile justice system, pursuant to W. Va. Code §18‑5G‑3(b)(4)(B). Students with exceptionalities, including students with an individualized education program (IEP), and/or a plan that meets the requirements of Section 504 of the Rehabilitation Act of 1973, Pub.L. 93-112, 87 Stat. 394 (1973) (Section 504) also qualify as a students with special needs. The explicit inclusion of specific needs does not limit the inclusion of other needs that meet the spirit and intent of this definition and W. Va. Code §18-5G-1 et seq.

3.12. West Virginia Professional Charter School Board. Pursuant to W. Va. Code §18-5G-2(17) and §18‑5G-15, the statutorily created board with, in addition to county boards of education, the ability to authorize high-quality public charter schools throughout the state that provide more options for students to attain a thorough and efficient education, particularly through schools designed to expand the opportunities for at-risk students.

W. Va. Code R. § 126-79-4 Charter School Application

4.1. Charter school applications require applicants to provide information and evidence about a charter applicant’s ability to open and operate a charter school that expands educational options and improves student outcomes. Well-designed charter school applications ensure that such evidence is sufficient to enable authorizers to make well-informed decisions regarding the approval status of charter school applications.

4.2. To assist and support both charter applicants and authorizers, a standard charter application is available on the WVDE’s website. Authorizers must use the standard, statewide application. In addition to the statewide application, authorizers may issue addenda to the application so long as, at a minimum, the resulting combined application materials contain the items and acknowledgments outlined in this section and do not contradict anything in this policy. Authorizers shall either make this application and any addenda available on their websites or direct charter applicants to the WVDE website to access the standard application.

4.3. Application Requirements. In accord with W. Va. Code §18-5G-3 and §18-5G-8, the following items must be addressed in a charter school application:

4.3.a. Pursuant to W. Va. Code §18-5G-8(b)(1), a mission statement and a vision statement for the charter school, inclusive of any specialized focus to be advanced through the establishment of the charter school.

4.3.b. Pursuant to W. Va. Code §18-5G-8(b)(2) and §18-5G-8(14), a description of the charter school’s proposed educational program, including the grades and ages the charter school seeks to serve. While the charter school may include virtual learning opportunities as part of its proposed program, enrolled students shall not receive a majority of instruction through virtual, asynchronous instruction unless the applicant is seeking to establish a full-time virtual public charter school and includes in the application the additional requirements outlined in subsection 4.5.

4.3.c. Pursuant to W. Va. Code §18-5G-8(b)(5), an explanation of how the proposed program is likely to improve achievement of traditionally underperforming students in the county, meaning students or student subgroups with outcomes that are consistently lower than other students or subgroups.

4.3.d. Proposed accountability plan, including but not limited to:

4.3.d.1. Pursuant to W. Va. Code §18-5G-8(b)(3), student achievement goals for the proposed program and the method to evaluate whether students have attained the skills and knowledge specified for those goals;

4.3.d.2. Pursuant to W. Va. Code §18-5G-8(b)(4), the charter school’s plan for using data derived from student evaluations and assessments to drive instruction and promote continued school improvement;

4.3.d.3. Pursuant to W. Va. Code §18-5G-8(b)(4), an acknowledgement that the charter school will participate in the state’s accountability system and an explanation for how the charter school will consider the state accountability results in its specific accountability plan; and

4.3.d.4. For charter schools seeking to enroll high school students, the proposed requirements for graduation.

4.3.e. Pursuant to W. Va. Code §18-5G-8(b)(6), the proposed governance structure, inclusive of at least:

4.3.e.1. List of initial governing board members. For the initial governing board members, the applicant shall identify any education-related lawsuits in which such individuals have been involved, either directly or indirectly. Pursuant to W. Va. Code §18-5G-7(a), the initial governing board shall consist of no fewer than five members elected or selected in a manner specified in the charter school application, including at least the following:

4.3.e.1.A. Two parents/guardians of students attending the charter school. These members may be identified after enrollment has occurred; and

4.3.e.1.B. Two members who reside in the community served by the charter school.

4.3.e.1.C. No board member shall count as both a parent/guardian representative and community representative.

4.3.e.2. Bylaws, which shall include description of the qualifications, terms, and methods of appointment or election of governing board members, subject to W. Va. Code §18-5G-7(b), which requires members of governing boards:

4.3.e.2.A. Not be employees of the charter school administered by the governing board;

4.3.e.2.B. Not be employees of, or receive compensation from, an ESP that provides services to the charter school;

4.3.e.2.C. File a full disclosure report to the authorizer identifying potential conflicts of interest, relationships with ESPs, and relationships with family members who are employed by the school or have other business dealings with the school, the management organization of the school, or any other charter public school;

4.3.e.2.D. Participate in training for new governing board members provided by the WVDE;

4.3.e.2.E. Collectively possess documented expertise in leadership, curriculum and instruction, law, human resources, and finance;

4.3.e.2.F. Be considered an officer of a school district under the provisions of W. Va. Code §6‑6-7 and removal from office shall be in accordance with the provisions of that section;

4.3.e.2.G. Not be a member of the authorizing county board of education; and

4.3.e.2.H. Provide documentation of and explanation for any education-related actions taken, legal or otherwise, against them for academic, financial, or ethical concerns. These actions may relate to education generally and/or the operation of charter schools specifically.

4.3.e.3. Organizational structure of the charter school, which shall include clear lines of authority and reporting between the governing board, school administrators, staff, any advisory bodies or parent/guardians and teacher councils, and any external individuals or organizations that will play a role in managing the charter school, including, but not limited to education service providers (ESPs).

4.3.f. Pursuant to W. Va. Code §18-5G-8(b)(7), the plans and timelines for student enrollment application to and enrollment in the charter school, inclusive of the school’s primary recruitment area and process for conducting a transparent and random admission lottery when necessary, subject to W. Va. Code §18‑5G‑11 and section 9. The primary recruitment area shall be based on the charter school’s estimated facility and program capacity, pursuant to W. Va. Code §18-5G-11(a)(5). The applicant shall also identify any student enrollment preferences, as defined in section 9 and in ranked order, it plans to use should student enrollment applications exceed capacity. The use of agreed upon preferences in any lottery conducted for admission to the charter school shall conform to the requirements of W. Va. Code §18-5G-11 and section 9.

4.3.f.1. Pursuant to W. Va. Code §18-5G-14(a)(1), the student enrollment capacity for a virtual charter school authorized by the West Virginia Professional Charter School Board is limited to five percent of the corresponding statewide headcount enrollment per year of the grade levels actually being served by the virtual charter school. The enrollment capacity limits for the virtual charter school shall be applied against the corresponding statewide headcount enrollment for the preceding school year by grade bands: grades K-2, grades 3-5, grades 6-8, and grades 9-12. For example, if a virtual charter school serves grades 6-12, the enrollment limit for grades 6-8 will be calculated based on the corresponding statewide headcount enrollment for the preceding school year in those same grades and a separate limit shall be calculated for grades 9-12 using the same methodology.

4.3.f.2. Pursuant to W. Va. Code §18-5G-14(a)(2), the student enrollment capacity for a virtual charter school authorized by one or more county boards of education is limited to ten percent of the corresponding county’s headcount enrollment per year of the grade levels actually being served by the virtual charter school. The enrollment capacity limits for the virtual charter school shall be applied against the corresponding county’s headcount enrollment counts for the preceding school year by grade bands: grades K-2, grades 3-5, grades 6-8, and grades 9-12. For example, if a virtual charter school serves grades 6-12, the enrollment limit for grades 6-8 will be calculated based on the corresponding county headcount enrollment for the preceding school year in those same grades and a separate limit shall be calculated for grades 9-12 using the same methodology.

4.3.g. Pursuant to W. Va. Code §18-5G-8(b)(8), a proposed five-year budget, including the start-up year and projections for four additional years with clearly stated assumptions.

4.3.h. Pursuant to W. Va. Code §18-5G-8(b)(9), the proposed fiscal and internal control policies of the charter school.

4.3.i. A staffing plan that outlines a strategy for hiring the professional and service personnel necessary to reasonably achieve the charter school’s education mission who meet the hiring criteria identified in the charter school application. The staffing plan must include, but is not limited to, an explanation of how the governing board plans to establish requisite qualifications and any associated certification and/or licensure necessary for administrators, teachers, and other instructional and support staff to be employed at the charter school and a method for verifying that these requirements are met, pursuant to W. Va. Code §18‑5G-3(b)(8). At a minimum, the proposed criteria for hiring qualified teachers and other instructional staff shall demonstrate that individuals have relevant documented academic or occupational qualifications or experiences that reasonably indicate they will be competent to fill the positions in which they would be employed. Documentation of such relevant qualifications or experiences may include a four-year undergraduate degree or higher in a subject related to those the individual will teach, a professional certification in a field related to the one the individual will teach, and/or other comparable documentation deemed acceptable by the authorizer.

4.3.j. Pursuant to W. Va. Code §18-5G-8(b)(11), a proposed handbook outlining the charter school’s personnel policies, which, at a minimum, shall include:

4.3.j.1. A description of staff responsibilities;

4.3.j.2. Performance management processes and plans for administrators, teachers, other instructional personnel, and other staff at the charter school; and

4.3.j.3. Employment practices and policies including those covering disputes and due-process procedures for staff.

4.3.k. Pursuant to W. Va. Code §18-5G-8(b)(12) and consistent with section 9, an explanation of proposed student discipline procedures, allowing for appropriate due process for all students including students with exceptionalities. The discipline procedures shall provide for appropriate due process protections for students with exceptionalities and be consistent with state and federal laws and regulations governing the placement of students with exceptionalities.

4.3.l. Pursuant to W. Va. Code §18-5G-8(b)(13), a description of the facilities to be used by the charter school and how the facility supports the implementation of the school’s program, and any services provided, and meets zoning, building, and safety requirements established for non-charter public schools, pursuant to W. Va. Code §18-5G-3(c)(12) and §18-5G-3(c)(13).

4.3.m. Pursuant to W. Va. Code §18-5G-8(b)(14), the projected minimum and maximum enrollment per grade per year throughout the duration of the contract.

4.3.n. Pursuant to W. Va. Code §18-5G-8(b)(15), the school calendar and school day schedule.

4.3.n.1. Pursuant to W. Va. Code §18-5G-14(a)(9), applicants seeking to establish a virtual charter school that utilizes a learn at your own pace program are not required to comply with the instructional term requirement set forth in W. Va. Code §18-5-45. Such applicants shall include in the application a description of how sufficient opportunities for learning and engagement will be provided to allow mastery of course content by students enrolled in the virtual charter school.

4.3.o. Pursuant to W. Va. Code §18-5G-8(b)(16), the types and amounts of insurance coverage the charter school will obtain, which shall include adequate insurance for liability, property loss, and the personal injury.

4.3.p. Pursuant to W. Va. Code §18-5G-8(b)(17), a description of food services to be provided to students attending the school and how those services shall meet federal nutrition standards or state nutritional standards when they are stricter, pursuant to W. Va. Code §18-5G-3(c)(1).

4.3.q. Pursuant to W. Va. Code §18-5G-8(b)(19), the ethics standards for the school as well as governing board, officers, and school employees.

4.3.r. Pursuant to W. Va. Code §18-5G-8(b)(20), the plan for serving students with special needs. At a minimum, this plan must comply with applicable state and federal laws and regulations. To the extent known, the application shall identify the specific areas and services where the charter school will seek to contract with other entities to provide services. At a minimum, the applicant’s plan for serving students with exceptionalities shall include:

4.3.r.1. The applicant’s plan to provide the full spectrum of placements for students with exceptionalities.

4.3.r.2. The applicant’s plan to ensure that Child Find responsibilities are being met. This shall include a description of policies and practices to identify and assess the needs of students who may be eligible to receive special education and related services and to identify students who are at-risk for exceptionalities and seek appropriate evaluations.

4.3.r.3. The applicant’s plan to ensure retention of students with exceptionalities.

4.3.r.4. A description of the specialized staff to be hired to administer programs and provide special education and related services.

4.3.r.5. The applicant’s plan for providing the physical space to meet the needs of students with exceptionalities.

4.3.r.6. A reasonable funding plan that reflects an understanding of how special education and related services are funded.

4.3.s. Pursuant to W. Va. Code §18-5G-8(b)(21), a description of co-curricular and extracurricular programs to be offered and how such programs will be funded and delivered. All extracurricular programs offered by the charter school are subject to Secondary School Activities Commission (SSAC) rules.

4.3.t. Pursuant to W. Va. Code §18-5G-8(b)(22), a clear, articulated proposed process for resolving disputes with the authorizer.

4.3.u. Pursuant to W. Va. Code §18-5G-8(b)(23), a detailed start-up plan, including financing, tasks, timelines, and individuals responsible for carrying out the plan.

4.3.v. Pursuant to W. Va. Code §18-5G-8(b)(24), the charter school’s plan to notify students, parents/guardians, and others in the school’s primary recruitment area of the school as an option available for students and the process for applying for enrollment in the charter school.

4.3.w. Pursuant to W. Va. Code §18-5G-8(b)(25), the charter school’s plan for parental and community involvement.

4.3.x. Pursuant to W. Va. Code §18-5G-8(c), if the charter school intends to contract with an ESP, the information included in section 11 must be included in the charter school application.

4.3.y. Pursuant to W. Va. Code§18-5G-3(c)(11), the process the charter school will use to obtain a criminal history check for charter school personnel, governing board members, and all other individuals that have physical or virtual presence or interaction with students enrolled at the charter school. Charter applicants may rely on any criminal history check performed by the WVDE in conjunction with the issuance of a license or other credential to work in the public schools in this state as required in section 7.

4.3.z. Any additional information the authorizer includes as part of the charter school application.

4.3.aa. Pursuant to W. Va. Code §18-5G-8(b)(18), the proposed process and procedures to be followed in the case of closure or dissolution of the charter school for any reason. At a minimum, the proposed process shall:

4.3.aa.1. Explain the method for notifying students, parents/guardians, staff, and stakeholders of reasons and timeline for closure;

4.3.aa.2. Describe the process for the transfer of students, student records, staff/human resource records, and administrative and financial documents and information to the appropriate county board of education;

4.3.aa.3. Provide assurance and agreement to return net assets or equity to authorizer after payment of debts;

4.3.aa.4. Detail the process for reporting any outstanding data and completing necessary auditing;

4.3.aa.5. Establish a timeline for performing and completing all tasks related to the closure; and

4.3.aa.6. Comply with the provisions of section 8.

4.4. Additional Requirements for Conversion Charter Schools. In addition to the requirements set forth in subsection 4.3, the following items must also be addressed in a charter school application seeking to establish a conversion charter school:

4.4.a. The level of support from staff, students, and families of students enrolled in the non-charter public school for the filing of the application to convert the non-charter public school to a charter school.

4.4.b The charter school’s plans for leasing and using the facilities and equipment of the existing non-charter public school, including but not limited to existing school buildings, information technology (IT) equipment, athletic facilities and equipment, etc., pursuant to W. Va. Code §18-5G-12.

4.5. Additional Requirements for Virtual Charter Schools. In addition to the requirements set forth in subsection 4.3, the following items must also be addressed in a charter school application seeking to establish a virtual public charter school:

4.5.a. Virtual public charter schools are required to provide appropriate hardware (computer, tablet, etc.) and software for students to complete all learning activities and must also ensure each student enrolled in the school has appropriate access to reliable internet connectivity. An application to establish a virtual charter school shall identify the hardware to be provided to students and the plan for verifying that all enrolled students have sufficient connectivity to complete instructional activities and ultimately be successful at the school. The applicant must also have a technical support plan to assist students experiencing technical difficulties.

4.5.b. The process for administering the general summative assessment, including but not limited to, the physical facility to be used.

4.5.c. The proposed method for documenting consistent attendance to satisfy the attendance indicator on West Virginia’s federal accountability plan. Such methods may include, but are not limited to, routine log-in requirements, daily completion tasks, face-to-face interaction, etc. The method ultimately included in a resulting charter contract must comply with West Virginia’s approved federal accountability plan.

4.5.d. The plan for satisfying IDEA and ensuring enrolled students receive a free, appropriate public education (FAPE). Specifically included in the plan, at a minimum, must be a description of how the charter school will:

4.5.d.1. Ensure that each eligible child with an exceptionality has FAPE available to him or her in accordance with 34 CFR §§300.101 and 300.17;

4.5.d.2. Implement the evaluation and eligibility requirements in 34 CFR §§300.300-300.311;

4.5.d.3. Carry out the IEP requirements in 34 CFR §§300.320 through 300.324, including those governing IEP content, IEP Team participants, parent/guardian participation, when IEPs must be in effect, consideration of special factors, the development, review, and revision of IEPs, secondary transition services and participation in state assessment programs;

4.5.d.4. Implement the requirements in 34 CFR §§300.114 through 300.117, regarding education in the least restrictive environment, including ensuring the availability of a continuum of alternative placements to provide special education and related services; and

4.5.d.5. Serve children with exceptionalities in the same manner as children with exceptionalities are served by non-charter schools and provide IDEA Part B funds on the same basis as provided at other schools in the county (34 CFR §§300.209(b)).

4.5.e. Pursuant to W. Va. Code §18-5G-14(a)(12), the proposed method for using data to demonstrate student progress toward graduation. Measurement of such progress shall account for specific characteristics of each enrolled student, including but not limited to age and course credit accrued prior to enrollment in educational instruction and course content that are delivered primarily over the internet pursuant to enrollment, and shall be consistent with evidence based practices.

4.5.f. Pursuant to W. Va. Code §18-5G-14(a)(12), the requirements for student engagement in instructional activities. Pursuant to W. Va. Code §18-5G-14(a)(13), for the purpose of virtual charter schools, instructional activities means the following classroom-based or non-classroom-based activities that a students is expected to complete, participate in, or attend during any given school day:

4.5.f.1. Online logins to curriculum or programs;

4.5.f.2. Offline activities;

4.5.f.3. Completed assignments within a particular program, curriculum, or class;

4.5.f.4. Testing;

4.5.f.5. Face-to-face communications or meetings with school staff or service providers;

4.5.f.6. Telephone or video conferences with school staff or service providers; or

4.5.f.7. Other documented communication with school staff or service providers related to school curriculum, programs, or services.

4.5.g. Pursuant to W. Va. Code §18-5G-14(1)(12), the requirements for teacher responsiveness. Expectations and consequences for appropriate teacher responsiveness shall be included in the virtual charter school’s personnel policy handbook required pursuant to W. Va. Code §18-5G-8(b)(11) and subsection 4.3.j.

4.5.h. Pursuant to W. Va. Code §18-5G-14(a)(13), a policy regarding the failure of students to participate in instructional activities. The policy must include a process and timeline for identifying students who are consistently not engaging in learning activities and providing the appropriate supports to promote consistent engagement. This plan shall also state that a student shall become subject to certain consequences, including disenrollment from the school, if both the following conditions are satisfied: (1) the student’s parent/guardian receives a written report identifying the student’s consistent lack of engagement and repeated attempted interventions by the school; and (2) the student continues to fail to comply with the student engagement requirements within a reasonable period of time following the report. If a virtual charter student is disenrolled from the virtual charter school pursuant to the policy outlined in this subsection, the student’s county of residence shall be immediately notified and the student shall be transferred to that county and shall not be eligible to enroll in a virtual charter school for one school year from the date of the student’s disenrollment.

4.6. Affirmative Acknowledgements. All charter applicants must agree to the following terms and include these terms with affirmative acknowledgements in the charter school application:

4.6.a. Pursuant to W. Va. Code §18-5G-2(1), the applicant is a 501(c)(3) organization or has applied for such status.

4.6.b. Pursuant to W. Va. Code §18-5G-3(a)(1) and §18-5G-3(c)(6), charter schools will administer the same required general summative assessments, including the National Assessment of Educational Progress (NAEP) if sampled, using the same protocols as non-charter public schools.

4.6.c. Pursuant to W. Va. Code §18-5G-3(a)(3), the charter school will not be home school-based, and will not be predominately virtual school-based unless the applicant is seeking to establish a virtual public charter school.

4.6.d. Pursuant to W. Va. Code §18-5G-3(a)(4) and §18-5G-3(a)(5), the charter school is not affiliated with any religious organization and will not espouse any religious preference or promote/engage in any religious practices in its educational program, admissions, employment policies, or operations.

4.6.e. Pursuant to W. Va. Code §18-5G-3(a)(7), the charter school will not charge tuition and will only charge fees as may be imposed by non-charter local public schools.

4.6.f. Pursuant to W. Va. Code §18-5G-3(a)(8), the charter school will not, whether through the admission or enrollment process or general operation of the school, put in place requirements or practices that would exclude any child from admission or enrollment at the charter school who would not be excluded at a non-charter public school. Additionally, the charter school’s admission and enrollment processes are in accordance with applicable law and void of discrimination, and admissions materials for students seeking enrollment include a non-discrimination statement indicating that all applicants, including those with exceptionalities, are eligible to attend.

4.6.g. Pursuant to W. Va. Code §18-5G-3(c)(1), the charter school will appropriately evaluate students and comply with all federal requirements, including but not limited to federal nutrition standards, the Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241 (1964); the McKinney Vento Homeless Assistance Act, U.S.C. 11431 et seq.; the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), Pub.L. 108-446; the Americans with Disabilities Act of 1990 (ADA), Pub.L. 101-336, 104 Stat. 328 (1990); and Section 504.

4.6.g.1. In accordance with IDEA, charter schools shall comply with its provisions, including its mandate that students with exceptionalities covered by its protections receive FAPE with access to the general curriculum in the least restrictive environment (LRE) appropriate for their needs. Charter schools shall develop, implement, monitor, and evaluate an IEP for each such student eligible under the provisions of IDEA and W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities. The charter school shall acknowledge it is prepared to enroll a comparable proportion of students with exceptionalities as are enrolled in local non-charter public schools.

4.6.g.2. In accordance with Section 504 and the ADA, no otherwise qualified student with an exceptionality seeking to engage in a major life activity shall, solely by reason of her or his exceptionality, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by a charter school. Charter schools shall create, maintain, and implement a service plan and provide accommodations for each student determined to be eligible for such services.

4.6.h. Pursuant to W. Va. Code §18-5G-3(c)(2), the charter school and governing board will timely comply and respond to requests received pursuant to the Freedom of Information Act (W. Va. Code §29B‑1-1, et seq.).

4.6.i. Pursuant to W. Va. Code §18-5G-3(c)(2), the governing board will conduct its business in compliance with The Open Governmental Meetings Act (W. Va. Code §6-9A-1, et seq.).

4.6.j. Pursuant to W. Va. Code §18-5G-3(c)(3), the charter school will adhere to the same immunization requirements that are applicable to non-charter public schools.

4.6.k. Pursuant to W. Va. Code §18-5G-3(c)(4), the charter school will adhere to the same compulsory school attendance requirements that are applicable to non-charter public schools.

4.6.l. Pursuant to W. Va. Code §18-5G-3(c)(5), students attending the charter school will receive the same minimum number of days or an equivalent amount of instructional time per year as required of students attending non-charter public schools under W. Va. Code §18-5-45. Applicants seeking authorization for a virtual charter school that utilizes a learn at your own pace program shall acknowledge that sufficient opportunity for learning and engagement is provided to allow mastery of course content by students enrolled in the virtual charter school.

4.6.m. Pursuant to W. Va. Code §18-5G-3(c)(7), the charter school will comply with the West Virginia Student Data Accessibility, Transparency and Accountability Act as set forth in W. Va. Code §18‑2‑5h and W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data (Policy 4350), in addition to the Family Educational Rights Privacy Act (FERPA).

4.6.n. Pursuant to W. Va. Code §18-5G-3(c)(11), contractors and service providers, and employees of the same, are prohibited from making direct contact with students, virtually or in person, and will not be permitted unaccompanied access to school grounds when students are present until it can be verified that such individuals have not previously been convicted of a qualifying offense pursuant to W. Va. Code §18‑5-5(c).

4.6.o. Pursuant to W. Va. Code §18-5G-1(f), no elected official is receiving, or will receive, monetary compensation or otherwise profit from the approval or operation of the proposed charter school. Provided, that this prohibition does not prohibit the employment of an elected official by a charter school once it has been authorized.

4.6.p. Pursuant to W. Va. Code §18-5G-3(c)(8), the charter school will use the West Virginia Education Information System (WVEIS) to timely and regularly report all data required by statute, policy, and the charter contract.

4.6.q. Pursuant to W. Va. Code §18-5G-3(c)(10), the charter school and governing board will meet the same accounting and financial reporting requirements required of non-charter public schools, including but not limited to participation in the State Auditor’s financial transparency website.

4.6.r. Pursuant to W. Va. Code §18-5G-8(b)(13) and §18-5G-3(c)(13), the charter school will adhere to the same building codes, occupancy requirements, regulations, and facility fees that apply to non‑charter public schools under Chapter 18 of the W. Va. Code, including but not limited to West Virginia State Fire Marshal inspections and certificate of occupancy certificate requirements. The charter school shall further acknowledge that it will obtain all required occupation and operation certificates and licenses prior to the first instructional day for students.

4.6.s. Pursuant to W. Va. Code §18-5G-11(a)(6), the charter school shall not discriminate against any person on any basis which would be unlawful, under state or federal law, for non-charter public schools in the school district. Provided, this prohibition shall not be construed to limit a charter school from establishing any of the limited set of enrollment preferences allowed in W. Va. Code §18-5G-1 et seq. and this policy.

W. Va. Code R. § 126-79-5 Charter School Application Process

5.1. A transparent, clearly defined process for evaluating charter school applications will help build public confidence that approval or denial decisions are fairly rendered based on consistent criteria. Defining such a process will also help applicants submit substantive applications that provide authorizers with the evidence necessary to make decisions that best serve the interests of students.

5.2. Application forms.

5.2.a. Pursuant to W. Va. Code §18-5G-4(b)(1), the WVDE consulted with nationally recognized charter school organizations and West Virginia education stakeholders in the development of standard charter school application forms. Those forms are available on the WVDE’s website.

5.2.b. Authorizers are permitted to issue addenda to the standard charter school application form for charter applicants to complete in accordance with section 4. Authorizers shall only add addenda in good faith that create criteria that are reasonably related to the purpose of this policy.

5.2.b.1. Prior to submitting application, charter school applicants should verify whether any of the potential authorizers to which the applicant intends to submit an application has issued an addendum to the standard charter school application.

5.2.b.2. If any addenda have been issued, the charter school applicant must complete and timely submit the addenda with the standard charter school application form.

5.2.c. Pursuant to W. Va. Code §18-5G-6(a)(3), authorizers have the responsibility to solicit high‑quality applications for charter schools.

5.2.c.1. To fulfill this duty, authorizers must use the charter school application and accompanying materials developed by the WVDE and disseminated on the WVDE’s website.

5.2.c.2. Authorizers have the option to go beyond the materials developed by the WVDE and release requests for applications (RFAs) or other forms of active solicitation for charter school applications to fulfill the legislative intent outlined in W. Va. Code §18-5G-1 to provide options that expand educational opportunities not currently available to students in their jurisdiction. These RFAs may specify additional application requirements, forms, and criteria, but authorizers are required to use the statewide application as the core of the application. Authorizers may also highlight specific unmet educational needs or demands in their RFAs. RFAs may include but are not limited to, the following preferences for schools that:

5.2.c.2.A. Serve students with a specific special need (e.g., students with a specific exceptionality, students not on track to graduate due to insufficient credit accumulation, etc.);

5.2.c.2.B. Serve a geographic area/community where students are poorly served by current educational options;

5.2.c.2.C. Serve students in a specific set of grades or programmatic level(s);

5.2.c.2.D. Serve students with particular academic or career interests, so long as the school does not exclude students based on prior achievement or performance in the focus area;

5.2.c.2.E. Serve students using a specific pedagogy or educational philosophy not otherwise available to students in the community; and

5.2.c.2.F. Meet educational needs or demands expressed by local students and/or community members.

5.3. Evaluation of Charter School Applications.

5.3.a. Pursuant to W. Va. Code §18-5G-6(a)(2), authorizers are to establish and maintain policies and practices consistent with professional standards for authorizers relating to the evaluation of charter school applications. To fulfill this requirement and so charter applicants are aware of the criteria to be used in evaluating applications, authorizers shall either:

5.3.a.1. Use the evaluation criteria in this policy, which were developed based on consultation with nationally recognized charter school organizations, in accordance with W. Va. Code §18-5G-4(a), and education stakeholders; or

5.3.a.2. Adopt a policy outlining evaluation criteria that is consistent with the intent of W. Va. Code §18-5G-1 and recognized standards for charter school authorizers.

5.3.b. If an applicant submits a single application to more than one county board of education seeking authorization, the members of each county board receiving such application shall function as a single entity in evaluating and, if the application is approved, performing the duties and responsibilities of an authorizer. If two or more school boards functioning together as a single authorizer reject the application, one or more of the individual county boards of education may subsequently approve the application so long as the physical location of the charter school is located in one of the counties where the application was approved.

5.3.b.1. If an applicant intends to submit a single application to more than one county board of education the applicant should request clarification from those county boards on the evaluation criteria that will be used by such boards when functioning as a single entity to evaluate the application prior to submission of the application. The affected county boards shall jointly provide the applicant with the evaluation criteria that will be used within 30 days of receiving the applicant’s request.

5.3.c. As part of its review of a charter school application and prior to rendering a decision on the application, in accord with W. Va. Code §18-5G-6(b), a potential authorizer shall:

5.3.c.1. Thoroughly review the contents of the application;

5.3.c.2. Conduct an in-person interview with the applicant or applicants;

5.3.c.3. Provide an opportunity in a public forum for local residents and stakeholders to provide input and learn about the proposed charter school described in the charter school application; and

5.3.c.4. Following the timeline in subsection 8.2, identify any deficiencies in an application and allow an applicant to provide additional materials, clarifications, and amendments to its application to address the deficiencies. The authorizer need only identify deficiencies and is not required to suggest appropriate steps to address application deficiencies. This is the responsibility of the charter school applicant.

5.4. Evaluation Criteria.

5.4.a. The evaluation criteria included in this policy were developed after consultation with nationally recognized charter organizations and education stakeholders. The model materials published by such organizations form the basis of the evaluation criteria in this policy. They are rooted in best practices, and aim to ensure charter schools meet the intent and requirements outlined in W. Va. Code §18‑5G-1 et seq. The criteria below are summarized at a high level. As required by W. Va. Code §18‑5G‑4, the WVDE has made available on its website guidance, forms, detailed rubrics, and training on how to evaluate each application factor listed below.

5.4.b. Authorizers relying on this policy to evaluate charter school applications shall consider the following criteria at a minimum:

5.4.b.1. Educational Design Program and Capacity.

5.4.b.1.A. Education Program.

5.4.b.1.A.1. Program overview. A concise summary of the education program offered by the charter school and how it will achieve the charter school’s educational mission and vision.

5.4.b.1.A.2. Curriculum and instructional design. An outline of the curricula and instructional philosophy and strategies that the charter public school plans to implement, including justification for their selection in relation to student population, educational mission, and mastery of the West Virginia College- and Career-Readiness Standards.

5.4.b.1.A.3. Pupil performance standards. An overview of the learning standards for students at the charter school and detailed explanation for how deviation from the West Virginia College‑ and Career-Readiness Standards exceed the rigor of those standards.

5.4.b.1.A.4. High school graduation requirements and postsecondary readiness (high schools only). A clear definition of the requirements to graduate from the charter school and how those requirements prepare a student for college, career, or other postsecondary opportunities.

5.4.b.1.A.5. School calendar and schedule. A description of the school calendar and how the charter school will meet minimum instructional time requirements, pursuant to W. Va. Code §18‑5G‑3(c)(5), as applicable.

5.4.b.1.A.6. School culture. An explanation of the routines that the charter school will employ to establish the envisioned school culture and create an environment that promotes academic, social, and emotional well-being.

5.4.b.1.A.7. Supplemental programming. A thoughtful proposal for providing extracurricular and co-curricular programming, enrichment activities, and student supports, including but not limited to, interscholastic athletics, student-led clubs, summer school, and afterschool, if the charter school elects to offer such programming.

5.4.b.1.A.8. Special populations and at-risk students. A comprehensive plan and capacity for serving students with special needs and for meeting related federal and state law, regulations, rules, and policies.

5.4.b.1.A.9. Student recruitment and enrollment. A context-specific outreach strategy that ensures the charter school expands educational options for students in the primary recruitment area and is aligned with the status of the school as a start-up or conversion charter school.

5.4.b.1.A.10. Student discipline. A thorough discipline policy that promotes strong school culture, outlines disciplinary procedures and consequences, and protects the rights of students.

5.4.b.1.A.11. Parent and community involvement. A thoughtful set of strategies for engaging with parents/guardians and the community, including local elected officials, community leaders, and business partners, around the development, opening, and operation of the charter school.

5.4.b.1.A.12. Educational program capacity. A well-crafted plan for recruiting and retaining a school leader, with the documented background and experience necessary to be an instructional leader, as well as other key instructional staff, support staff, and operational managers with appropriate backgrounds and experience.

5.4.b.1.A.13. Conversion planning. A proposal for executing a successful conversion that offers students enrolled at the existing non-charter public school expanded educational options and is reasonably likely to result in improved student outcomes, as applicable.

5.4.b.1.B. Operations Plan and Capacity.

5.4.b.1.B.1. Governance. 5.4.b.1.B.1.(a). Legal Status and Governing Documents. A proposed legal status and structure that complies with state law and policy in accordance with W. Va. Code §18-5G-7. 5.4.b.1.B.1.(b). Governing Board. A detailed plan for ensuring that board members meet the ethics and expertise requirements established in W. Va. Code §18-5G-1 et seq. and this policy. 5.4.b.1.B.1.(c). Dispute Resolution Process. A clearly defined process for dispute resolution that is fair to parents/guardians, students, and staff.

5.4.b.1.B.2. Human Capital. 5.4.b.1.B.2.(a). School Staff Structure. A proposal for organizing school staff that establishes clear roles, responsibilities, and relationships among school administrators and staff. 5.4.b.1.B.2.(b). Staffing Plans, Hiring, Management, and Evaluation. A comprehensive strategy for recruiting, developing, and retaining the high-quality staff necessary to achieve the educational mission of the charter school. 5.4.b.1.B.2.(c). Professional Learning. A thoughtful approach for the induction and professional learning of school leaders, teachers, and staff to support strong and improving instruction.

5.4.b.1.B.3. Performance Management. An overview of a mission-aligned, individually‑tailored performance management system that holds the charter school, its governing board, and all staff accountable and provides for continuous improvement.

5.4.b.1.B.4. Facilities (As Applicable). 5.4.b.1.B.4.(a). Public Facilities. A description of the facilities needed to achieve the charter school’s educational mission and how available public facilities meet those needs. 5.4.b.1.B.4.(b). Independent Facilities. A description of the facilities needed to achieve the charter school’s educational mission and how the charter school will obtain independent facilities that meet requirements.

5.4.b.1.B.5. Start-up and Ongoing Operations. A sound, detailed plan for executing start‑up of the charter school and maintaining smooth school operations, including, but not limited to, areas such as school and student safety, transportation (if applicable), and insurance coverage.

5.4.b.1.B.6. Operations Capacity. A description of individual and team qualifications for executing a comprehensive operations plan that includes, but is not limited to, topics such as staffing, performance management, facilities management, professional learning, start-up plans, and general operations. 5.4.b.1.B.6.(a). ESP (If Applicable). A detailed explanation of how proposed ESPs meet the requirements of section 11.

5.4.b.1.C. Financial Plan and Capacity.

5.4.b.1.C.1. Financial Plan. A detailed proposal for start-up and multi-year operating budgets necessary to achieve the educational mission of the charter school as well as the standard operating procedures, roles and responsibilities, and contingency plans to realize sound financial management across the term of the contract.

5.4.b.1.C.2. Financial Capacity. A clear demonstration of the capacity of the governing board and school administration to execute the financial plan.

5.4.c. In evaluating charter school applications, authorizers shall consider the following criteria based on the intent outlined in W. Va. Code §18-5G-1:

5.4.c.1. Overall Purpose and Mission of School. A clear, thorough explanation for how the educational mission and plan of the charter school will promote unique, innovative, and/or flexible educational options not available in the non-charter public schools that are accessible to students in the primary recruitment area, pursuant to W. Va. Code §18-5G-1(b) by:

5.4.c.1.A. Creating more public-school options with high standards for student performance, pursuant to W. Va. Code §18-5G-1(b)(1);

5.4.c.1.B. Allowing innovative educational methods, practices, and programs that result in higher student achievement, pursuant to W. Va. Code §18-5G-1(b)(2);

5.4.c.1.C. Establishing a distinctive theme, curriculum, or mode of instruction, pursuant to W. Va. Code §18-5G-1(b)(3) and §18-5G-1(b)(4)(C);

5.4.c.1.D. Providing parents/guardians with options to best serve the interests or needs of their children, pursuant to W. Va. Code §18-5G-1(b)(4);

5.4.c.1.E. Providing for expanded student, parent/guardian, and community involvement, pursuant to W. Va. Code §18-5G-1(b)(5);

5.4.c.1.F. Utilizing exceptional levels of self-direction and flexibility to meet the robust levels of accountability expectations, pursuant to W. Va. Code §18-5G-1(b)(6);

5.4.c.1.G. Encouraging the replication of research-based successful strategies for improving student learning pursuant to W. Va. Code §18-5G-1(b)(7); and/or

5.4.c.1.H. Offering targeted strategies that specifically focus on students with special needs, pursuant to W. Va. Code §18‑5G‑3(b)(4)(B).

5.4.c.2. Identified need.

5.4.c.2.A. A rationale for establishing the charter school that aims to better serve groups of students – characterized by geography, socio-economic state, other demographic attributes, special needs, etc. – in the local school district(s) who have been historically underserved and/or are traditionally underperforming.

5.4.c.2.B. A clear explanation of how the educational mission and plan of the school will address the needs of these students, pursuant to W. Va. Code §18-5G-8(b)(5).

5.4.c.3. Demonstrated Demand. An analysis of the sustainability of the charter school based on the current and future size of the population of school-aged children that the charter school aims to serve and the demand among this population for additional educational options beyond existing non-charter public schools. This analysis must provide reasonable evidence of sustainability, as in any business plan, and may, but is not required to, include:

5.4.c.3.A. Evidence of sufficient demand among parents/guardians and school-aged children in the local school district, primary recruitment area, and/or target underserved or underperforming student population, including surveys of school-aged children and parents/guardians and data on school‑aged children currently pursuing educational options besides existing non-charter public schools; and

5.4.c.3.B. Projections of changes in demand based on factors including, but not limited to, population and demographic changes, local economic outlook, enrollment changes in surrounding non‑charter public schools, interest in additional educational options, etc. that provide evidence of sufficient enrollment for the charter school to operate sustainably.

5.4.c.4. Additional criteria for conversion charter schools.

5.4.c.4.A. A survey of the interest of students, staff, and families in converting the school from a non-charter public school to a charter school; and

5.4.c.4.B. The capacity of the conversion charter school and authorizer to develop a plan and timeline for determining which students and staff will remain at the conversion charter school. The authorizer and charter school must consider how students who do not remain at the conversion charter school, for reasons including but not limited to lack of transportation, etc., will enroll in other schools. Students who do not remain at the conversion charter school must have reasonable alternative educational options. The authorizer and charter school must also develop a plan for how staff who do not remain at the conversion charter school are to be reassigned in a manner that meets personnel law, policy, and deadlines.

5.4.c.5. Additional criteria for virtual charter schools.

5.4.c.5.A. Student Orientation. A plan for orienting and communicating to virtual school students and parents/guardians clear expectations on student participation, on student performance, and what it means for a student to be engaged in learning, in attendance, and truant in the virtual setting.

5.4.c.5.B. Attendance and Engagement. A plan for measuring, monitoring, and reporting student participation in the virtual setting. The plan should include detailed strategies such as monitoring how often students are logging on, how long students are staying logged on, and what amount of log-in time is spent actively engaging in curriculum and instruction.

5.4.c.5.C. Appropriate and Actionable Intervention. A plan for how students not meeting the school’s expectations for engaging and participating in the virtual setting will be identified and evaluated by the virtual school on an on-going basis, the tools that will be used for this identification and evaluation, and the frequency of the identification and evaluation. The intervention plan involves teachers, students, and parents/guardians in increasing engagement and preventing truancy.

5.4.c.5.D. Infrastructure. A plan to ensure all enrolled students have access to the online learning environment within a reasonable amount of time once they are enrolled, and how the virtual school will provide timely support in the event of technical difficulties experienced by students and/or instructors that minimizes the loss of instructional time. The plan should also outline the nature, frequency, and location of all required and optional in-person meetings and interactions between parents/guardians and school staff, including but not limited to parent/teacher conferences, open houses, and school community meetings.

5.4.c.5.E. Federal Requirements. A plan for adhering to the duties and responsibilities under all applicable federal laws and regulations, including but not limited to, IDEA, ADA, Section 504, FERPA, the Civil Rights Act, and the McKinney Vento Homeless Assistance Act. The plan should include detailed information as to how the charter school will clearly advise parents/guardians and students of their rights under each of the federal laws and any available avenues to address perceived violations.

5.5. Application Timeline.

5.5.a. Submission of Charter Application. Deadline: August 31. Charter applicants must complete applications and submit materials to potential authorizer(s) no later than August 31 in the calendar year prior to opening. Materials must be submitted in a single submission with signed confirmation by the applicant that the submission is complete.

5.5.b. Identification of Application Deficiencies. Deadline: 60 days following the date of the signed confirmation signifying complete submission of the application. Authorizers must provide written feedback to the applicant that identify application deficiencies as described in subsection 5.3.c.4 and pursuant to W. Va. Code §18-5G-6(b)(5).

5.5.c. Revision of Charter School Application. Deadline: 15 days following the identification of application deficiencies. Applicants must provide revisions, responses, additional materials, and amendments to their original application in response to deficiencies identified by authorizers.

5.5.d. Conditional Approval or Denial Decision by Authorizer. Deadline: 15 days following revisions submission or deadline for revision submission, whichever occurs first. Any potential authorizer receiving a charter school application shall issue a decision conditionally approving or denying all applications received.

5.5.d.1. Decisions on status of charter school applications shall be based on objective criteria, as defined in subsection 5.4. The WVBE established these criteria pursuant to W. Va. Code §18‑5G-4 and §18-5G-6(b)(6).

5.5.d.2. Pursuant to W. Va. Code §18-5G-6(d), failure of a potential authorizer to render a decision on a charter school application by the statutory deadline is statutorily deemed a conditional approval of the application.

5.5.d.3. The decision shall be rendered in an open public meeting and shall include a detailed explanation stating the reasons for the approval or denial.

5.5.d.4. The decision on a charter school application shall be reduced to writing, inclusive of a detailed explanation for the decision. The written decision, as well as charter school applications conditionally approved by virtue of lack of action by an authorizer, shall promptly be provided to the charter applicant and the WVDE.

5.5.d.5. Upon satisfaction of any incomplete items (e.g., obtaining 501(c)3 status) in a conditionally approved charter school application or resulting charter contract, an authorizer shall issue final approval of the charter school application. It is the responsibility of the applicant and/or governing board to promptly provide the authorizer appropriate documents once items are complete.

5.5.e. Execution of Charter Contract. Deadline: 90 days following conditional approval of charter application. Authorizers and charter applicants receiving conditional approval, subject to any additional review required, are to work diligently to negotiate in good faith, agree, and execute a charter contract satisfying the requirements of W. Va. Code §18-5G-9 and section 6.

5.5.e.1. So long as both parties are negotiating in good faith, contract negotiations may continue beyond the contract execution deadline unless both parties agree to cease negotiations. However, if the charter contract is executed after March 15, the approved charter school cannot open until the following school year. For example, if the contract is executed in April 2022, the school cannot open until the 2023-2024 school year.

5.5.e.2. Prior to the start date for students for any charter school in this state, a charter contract must be executed by authorizer and the charter school’s governing board. A copy of the executed charter contract shall be provided to the State Superintendent of Schools.

5.6. Statutory Limit on Authorized Charter Schools.

5.6.a. Pursuant to W. Va. Code §18-5G-1(g), the total number of charter schools authorized and in operation under an approved charter contract is limited to 10 until July 1, 2023.

5.6.a.1. Beginning July 1, 2023, and every three years thereafter, an additional 10 charter schools may be authorized and in operation under an approved charter contract.

5.6.b. Pursuant to W. Va. Code §18-5G-14(a)(1), two statewide virtual charter schools may be authorized by the Professional Charter School Board and shall not count against the statutory limit.

W. Va. Code R. § 126-79-6 Charter Contract

6.1. Purpose.

6.1.a. The charter contract outlines the expectations of both the charter school and the authorizer. It delineates the working relationship between the charter school and its authorizer.

6.1.a.1. A charter contract should provide clear boundaries around the authority and influence that an authorizer has over the day-to-day operations of a charter school. By doing so, it affords the charter school the autonomy necessary to offer students new and diverse educational options.

6.1.a.2. At the same time, a charter contract must define the expectations that a charter school must meet to continue operating, including but not limited to consistently meeting acceptable financial and operational performance metrics. Contracts should define the immediate consequences for failing to meet these expectations. The contract should also define expectations for student outcomes that define a charter school’s long-term success and help the authorizer determine whether the charter contract warrants renewal.

6.2. Pursuant to W. Va. Code §18-5G-9, the charter contract must be negotiated, agreed to, and executed by the authorizer and the charter applicant prior to the commencement of any charter school operations. The parties to a charter contract may incorporate all or part of the charter application into the charter contract. At a minimum, the following items must be addressed in the charter contract. A template charter contract will be available on the WVDE’s website. The template contract may be modified as deemed appropriate by the parties to a charter contract, so long as the required items below are addressed;

6.2.a. The term of the initial contract which shall be no longer than five years. Pursuant to W.Va. Code §18-5G-14(a)(3), the term of the initial contract for a virtual charter school shall be five years.

6.2.b. The agreements relating to each specific item required in the charter school application identified in section 4.

6.2.c. The acknowledgments included in the charter school application identified in section 4.

6.2.d. A shared understanding of the charter school’s plans for contracting with ESPs and descriptions of the specific services that any ESPs will provide.

6.2.e. The rights and duties of the parties to the charter contract, which shall not contradict section 7.

6.2.f. The administrative relationship between the authorizer and the charter school.

6.2.g. The process the authorizer will use to provide ongoing oversight, consistent with professional standards.

6.2.h. The specific plan or protocol the charter school will use to ensure students receive FAPE in the least restrictive environment (LRE), including but not limited to clear written communication to parents/guardians of students with IEPs about the charter school’s responsibilities to such students and recourse options available when families do not agree with the decision of an IEP team or services provided. As its own local education agency (LEA), pursuant to W. Va. Code §18-5G-5(c), a charter school’s responsibilities are generally the same as any other LEA and include implementing child find and conducting periodic evaluations and reevaluations, developing reviewing, and revising IEPs, and providing or arranging for the provision of required special education or related services in the child’s LRE, affording eligible children and their parents/guardians procedural safeguards and due process rights, and complying with the confidentiality of information requirements. Ultimately, agreements shall ensure that children with an exceptionality and their parents/guardians are afforded all rights and protections specified in IDEA that they would have received if the child were enrolled in another public school program.

6.2.i. The process and criteria the authorizer will use to annually monitor and evaluate the overall academic, operating, and fiscal conditions of the charter school, including the process and timeline the authorizer will use to oversee the correction of any deficiencies found.

6.2.j. The recourse available should either of the parties fail to adhere to their contractual duties or responsibilities outlined in this policy or state code.

6.2.k. The process for considering a renewal application and the conditions that would justify the non-renewal of a charter contract, which both shall comply with section 8. At a minimum, the charter contract must include:

6.2.k.1. The right for parties to be represented by counsel at all meetings, hearings, and interactions between the governing board and the authorizer.

6.2.k.2. The amount of time, but not later than June 30 preceding the final school year of a charter school’s contract, in which the authorizer shall notify the public charter school of the prospect that the charter contract may not be renewed and the reasons for the potential non-renewal.

6.2.k.3. A time period of at least 60 days, but prior to the submission of a renewal application, for the governing board to provide a response to the proposed non-renewal.

6.2.k.4. An opportunity during the renewal application process for the governing board to submit documentation and provide testimony as to why the charter contract should be renewed.

6.2.k.5. An opportunity during the renewal application process for the governing board to request a recorded public hearing.

6.2.k.6. The authorizer’s responsibility to consider a governing board’s response, documentation, and testimony as to why the charter contract should be renewed, and the recorded public hearing, if requested, prior to rendering a final decision to renew or non-renew the charter contract.

6.2.k.7. The information that must be included in the authorizer’s final decision if it determines not to renew the charter contract.

6.2.k.8. The statutory timeline for an authorizer to render a final decision on whether or not to renew a charter contract.

6.2.k.9. The authorizer’s responsibility to adopt a resolution detailing whether the renewal application was approved or denied during an open meeting.

6.2.k.10. Pursuant to W. Va. Code §18-5G-9(d)(10), a provision that the failure for the authorizer to act on a renewal application within the contractual and statutory timeframes shall be deemed an approval of the renewal application.

6.2.l. The process the authorizer, governing board, and charter school will follow in the event of closure of the charter school, subject to section 8.

6.2.m. The process for any revisions or amendments to the terms of the charter contract agreed to by the authorizer and the governing board.

6.2.n. The process agreed to by the authorizer and the governing board, that identifies how disputes between the authorizer and the governing board will be handled.

6.2.o. The indicators, measures, and metrics that comprise the Accountability Plan defined in section 3. The authorizer will use the Accountability Plan to measure the performance of the charter school and inform renewal decisions. Pursuant to W. Va. Code §18-5G-9(c), the contractual performance measures may build upon those outlined in the charter school application and must include, at a minimum, the following:

6.2.o.1. The indicators included in state accountability for all public schools in West Virginia, including disaggregated indicators for student subgroups;

6.2.o.2. Student proficiency or overall achievement, if not included in state accountability;

6.2.o.3. Student growth or progress, if not included in state accountability;

6.2.o.4. The achievement gaps in both student proficiency or achievement and student growth between student subgroups, including race, sex, socioeconomic status, and areas of exceptionality, if not included in state accountability;

6.2.o.5. Student attendance, if not included in state accountability. For virtual charter school contracts, the parties to the contract should contact the WVDE Office of Federal Programs to ensure that the indicator to be included in the contract for student attendance complies with the state’s approved plan under the Every Student Succeeds Act;

6.2.o.6. Student suspensions, if not included in state accountability;

6.2.o.7. Student withdrawals;

6.2.o.8. Student retention/turnover within a year and from year to year;

6.2.o.9. Governing board’s performance and stewardship, including compliance with all applicable statutes and terms of charter contract; and

6.2.o.10. Demographic makeup in comparison to the demographics of the community the charter school aims to serve as defined by non-charter public schools overlapping the primary recruitment area of the charter school, non-charter public schools under the jurisdiction of the county board(s) of education where the charter school is proposed to be located, and/or another reasonable and agreed upon definition.

6.2.p. The authorizer and governing board may also agree to include any other additional valid and reliable indicators as necessary or desired.

6.2.q. Any other terms and conditions agreed upon by the authorizer and the governing board, including preopening conditions for the charter school.

6.3. Amendments to a duly executed charter contract must be in writing and agreed upon by all parties to the charter contract.

W. Va. Code R. § 126-79-7 Responsibilities of Parties to a Charter Contract

7.1. Authorizer Responsibilities.

7.1.a. Authorizers are responsible for ensuring the conditions necessary for charter schools to offer diverse educational options not available in non-charter public schools and to improve student outcomes in the community served. To fulfill its duty, an authorizer shall carry out its duties and responsibilities with an aim to achieve the following goals and objectives:

7.1.a.1. Tailor charter school flexibility outlined in W. Va. Code §18-5G-1 et seq. appropriately to the educational mission of the charter school and needs of the students and community it aims to serve;

7.1.a.2. Provide adequate accountability to require that charter schools it oversees are making reasonable progress towards achieving their educational mission;

7.1.a.3. Conduct necessary oversight to ensure students in charter schools it oversees receive legally required services in a safe and healthy learning environment, including, but not limited to, oversight of special education services, school nutrition, ADA compliance, etc.

7.1.a.4. Consider how charter schools enrich and otherwise impact the educational opportunities in its jurisdiction in present and future years.

7.1.b. In addition to any duties and responsibilities outlined in the charter contract, an authorizer is responsible, in part pursuant to W. Va. Code §18-5G-6, for adhering to the following duties and responsibilities. Unless specifically addressed in state law, this policy, or the charter contract, the authorizer is responsible for determining the appropriate method for carrying out its duties and responsibilities.

7.1.b.1. Demonstration of public accountability and transparency. Authorizers must earn and maintain public trust around the operation of charter schools. Therefore, authorizers shall conduct meetings and business in an open and transparent manner consistent with the rules for conducting other business of county boards of education in West Virginia (or the WVBE in the case that the WVBE is acting as the authorizer).

7.1.b.2. Establishment of Authorizing Policies and Practices. Each authorizer shall affirmatively establish the written, nationally-benchmarked oversight policies and practices it will follow in its role. Policies and practices adopted by authorizers shall not contradict federal or state law or this policy. Authorizers that do not adopt a local policy relating to charter schools shall follow this policy. Authorizers may rely on processes (including deadlines) and systems (including electronic forms or other tools) established by the WVDE for the implementation of charter schools unless required by W. Va. Code §18‑5G-1 et seq. or this policy to establish and publicize specific practices, processes, or systems.

7.1.b.3. Solicitation of High-Quality Charter School Applications. Authorizers have the responsibility to solicit high-quality charter school applications as outlined in section 5.

7.1.b.4. Approval of Satisfactory Charter School Applications. Authorizers shall evaluate applications in accordance with the state law and this policy to create charter schools likely to improve student outcomes in West Virginia by expanding the educational options available to students. To promote transparency, in deciding on charter school applications, authorizers shall use the evaluation criteria set forth in this policy or the evaluation criteria set forth in a properly adopted policy.

7.1.b.5. Denial of Unsatisfactory Charter School Applications. Authorizers shall deny applications for charter schools that do not meet specified criteria as outlined above. To promote transparency, in deciding on charter school applications, authorizers shall use the evaluation criteria set forth in this policy or the evaluation criteria set forth in a properly adopted policy.

7.1.b.6. Negotiation of Charter School Contracts. Authorizers shall negotiate and execute charter contracts with approved applications in good faith. In such negotiations, authorizers shall adhere to the requirements of W. Va. Code §18-5G-9 and section 6. In doing so, they shall aim to provide the charter school with the conditions necessary to succeed while safeguarding students under their jurisdictions.

7.1.b.7. Monitoring of Charter School Performance and Compliance. Authorizers shall ensure that charter schools comply with the terms of the charter contract and applicable federal law, state code, and WVBE policies. In performing its monitoring duties, the authorizer shall not unnecessarily inhibit the instructional and educational flexibility provided to charter schools by W. Va. Code §18-5G-1 et seq. and this policy.

7.1.b.7.A. In executing monitoring duties, authorizers will focus on whether the charter school is delivering on the spirit and intent of the educational plan and other components defined in the charter contract. These efforts will focus primarily on whether charter schools are meeting the goals set forth in the Accountability Plan. While authorizers must monitor the compliance of charter schools with federal and state law and policy, authorizers are not expected to undertake the same level of monitoring and compliance support they provide to non-charter public schools. Instead, authorizers are expected to safeguard students through more limited monitoring that may occur less frequently and rely more heavily on data reporting and review, though relying solely on annual reporting to ensure compliance with legal requirements will likely be insufficient. Authorizer monitoring stands in contrast to management by the charter school governing board, which maintains responsibility for personnel, curriculum, calendar, finances, and other decisions as outlined below and throughout this policy.

7.1.b.7.B. When authorizers identify instances where a charter school is not complying with the terms of the charter contract or applicable federal law, state code, and/or this policy, authorizers shall notify the governing board of the identified issues and provide reasonable opportunity for remediation as set forth in the charter contract. To avoid unduly inhibiting charter school autonomy, authorizers shall not require charter schools to take specific remediation as the result of performance monitoring, unless outlined otherwise in the charter contract. Authorizers may provide specific remediation if necessary to fulfill the responsibilities of authorizers under federal law, state code, and/or this policy such as when failing to provide specific steps would violate the authorizers’ obligations under IDEA. However, authorizers may require charter schools to develop and execute a corrective action plan (CAP), pursuant to W. Va. Code §18-5G-6(g).

7.1.b.7.C. The above notwithstanding, if charter schools fail to comply with legal requirements or fails to adhere to the CAP, authorizers may intervene directly and prescribe specific action and/or require representatives of the charter school and its governing board to appear before the WVBE.

7.1.b.7.D. Pursuant to W. Va. Code §18-5G-5(b), authorizers are responsible for continually monitoring adherence to the charter school’s Accountability Plan. Authorizers must ensure that standards and goals included in the Accountability Plan are met by each charter school along with other performance measures agreed upon in the charter contract. If monitoring activities reveal performance deficiencies, the authorizer may require charter schools to develop and execute a CAP. If charter schools do not execute the agreed upon CAP or the CAP provides insufficient to address the deficiencies, authorizers may require representatives of the charter school and its governing board to appear before the WVBE.

7.1.b.7.E. If an authorizer fails to take appropriate action in response to a charter school that does not meet the standards, including but not limited to issuing CAPs, denying a renewal application, and/or suspending or revoking a charter contract, the authorizer shall appear before the WVBE to justify its actions. The WVBE may uphold or overturn the authorizer’s decision and may revoke the authority of the authorizer to authorize charter schools. When the WVBE revokes the authorizing authority of a county board, the WVBE shall serve as the authorizer for all charter schools previously authorized by that county board. The county board with revoked authorizing authority may only renew its authorizing authority by action of the WVBE, which shall review whether the efforts to address authorizing deficiencies are sufficient to warrant renewed authorizing authority at the request of the county board.

7.1.b.8. Determination of Charter Renewal or Revocation. As set forth in W. Va. Code §18-5G-1 et seq. and section 8, authorizers shall perform a comprehensive review of charter school performance against the expectations set out in the charter contract to determine whether to renew the contract, or whether the current situation is such that immediate suspension or revocation of the charter contract is warranted.

7.1.b.9. Authorizers are the primary liaison between the WVDE and charter schools they authorize. While governing boards are ultimately responsible for complying with state and federal reporting requirements, the authorizer shall facilitate reporting and other communication upon the request of the charter school. In this spirit, authorizers shall provide support to start-up charter schools in using WVEIS and other state or countywide reporting systems that the charter schools are required to use upon request of the charter school. The authorizer shall also regularly update the WVDE with contact information for the governing board and key administrators of charter schools it authorizes. Help from its authorizer(s) notwithstanding, the charter school has an affirmative duty to become familiar with its duties and responsibilities under state and federal law.

7.1.b.10. Upon request of the charter school, authorizers shall provide additional support and oversight to help charter schools comply with state and federal laws in the first year of operation. Such help does not need to be explicitly negotiated as part of the charter contract. Authorizers are not required to complete compliance activities or reporting for charter schools. Help from its authorizer(s) notwithstanding, the charter school has an affirmative duty to become familiar with its duties and responsibilities under state and federal law.

7.1.b.11. Authorizers shall timely adhere to all reporting requirements in state code and this policy.

7.1.b.12. Upon request of the governing board, an authorizer shall allow facilities within its control, in whole or in part, to be used by the charter school either under long-term occupancy lease agreements or rental agreements for individual events, subject to the following:

7.1.b.12.A. The facility being requested for use is safe and habitable for the purpose in which the charter school seeks to use the facility.

7.1.b.12.B. The facility is not being used by the authorizer for any non-charter public school at the time the charter school seeks to use or lease the facility, pursuant to W. Va. Code §18-5G-12(a).

7.1.b.12.C. If a charter school seeks to lease the whole or part of a public facility, the cost of the lease must be at or under the current market value, pursuant to W. Va. Code §18-5G-12(a).

7.1.b.12.D. If a charter school seeks to rent the whole or part of a public facility for an individual event, including, but not limited to, athletic events, theater performances, etc., the cost of the rental must be at or below the cost to the authorizer of making the facility available to the charter school.

7.1.b.13. The authorizer may lease or rent equipment (including athletic or information technology equipment) to a charter school. The parties must agree to standard lease or rental terms prior to lease or rental. The rental or lease rate may include additional costs borne by the authorizer due to increase usage of said equipment.

7.1.b.14. Pursuant to W. Va. Code §18-5G-3(b)(7), authorizers shall not harass, threaten, discipline, discharge, retaliate, or in any manner discriminate against any of its employees involved directly or indirectly with an application to establish a charter school.

7.1.b.15. Pursuant to W. Va. Code §18-5G-3(b)(7), authorizers shall ensure all personnel in a charter school located within the county who were previously employed by the county board of education shall continue to accrue seniority with the county board in the same manner that they would accrue seniority if employed in a non‑charter public school in the county. County boards of education shall adapt their current processes and systems to allow for the proper maintenance of seniority for former county board of education personnel who move to a charter school authorized in the county. Similar to non-charter public school employees accepting employment in another county, seniority accrued by charter personnel while employed by one county will not transfer to a charter school or non-charter public school located in another county.

7.1.c. Authorizers have an affirmative responsibility to develop their internal capacity to act as authorizers. The WVDE will provide training to help authorizers accomplish this end. Authorizers may also engage in additional capacity building as necessary. If an authorizer wants to forgo the WVDE training to use alternate organizations, trainings, or resources to build their authorizing capacity, they must demonstrate how their plan will adequately prepare them to act as authorizers.

7.1.d. In the case that a county board of education approves a charter school application but lacks the capacity to fulfill its ongoing authorizing duties and responsibilities, it may request that the WVBE act as authorizer, pursuant to W. Va. Code §18-5G-4(c). The WVBE shall only act as authorizer after the requesting county board of education has demonstrated its lack of capacity to fulfill the responsibilities of charter school authorizing to the satisfaction of the WVBE. In cases when the WVBE acts as authorizer, the county board of education that approved the application remains the LEA for the charter school and must make every effort possible to assist the WVBE with monitoring and oversight activities, especially those activities for which local knowledge or physical proximity are particularly advantageous.

7.1.e. Pursuant to W. Va. Code §18-5G-6(k), no civil liability shall attach to an authorizer or to any of its members or employees for any acts or omissions of the charter public school. Neither the county board of education nor the State of West Virginia shall be liable for the debts or financial obligations of a charter public school or any person or entity that operates a charter public school.

7.2. Governing Board/Charter School Responsibilities.

7.2.a. Pursuant to W. Va. Code §18-5G-5, the governing board is ultimately accountable and responsible for the actions of the charter school, the safety and security of enrolled students, and its ability to deliver the educational options and outcomes specified in the charter contract.

7.2.b. In addition to any duties and responsibilities outlined in the charter contract, a charter school and its governing board are responsible for adhering to the following duties and responsibilities:

7.2.b.1. Ensuring all instructional personnel employed at the charter school hold a valid and appropriate certification, as specified in the charter school application and contract.

7.2.b.2. Providing the information on personnel employed by the charter school to enable the WVDE and authorizer to comply with the requirements of state code and this policy, specifically:

7.2.b.2.A. Adequate information for the WVDE to certify such individuals pursuant to the charter certification provided for in W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications, and the criteria agreed upon in the charter school application and/or contract as outlined in subsection 4.3.i; and

7.2.b.2.B. Sufficient information for county boards of education to track the seniority of former employees of the county board of education now employed by the charter school who continue to accrue seniority for the purpose of employment at non-charter public schools, pursuant to W. Va. Code §18‑5G‑3(b)(7) and subsection 7.1.b.15.

7.2.b.3. The charter school is responsible for documenting its students’ progress towards achieving the defined graduation requirements and certifying completion of requirements for the purpose of reporting graduation outcomes to the authorizer and the WVDE. Charter schools will have the ability to use the same electronic course scheduling and transcript platforms provided by the WVDE as non‑charter schools.

7.2.b.4. Pursuant to W. Va. Code §18-5G-7(c), the governing board shall operate the charter school in accordance with the charter contract and under the oversight of the authorizer. To execute the educational mission and operational plans of the charter contract, the governing board holds powers as a public corporate body including, but not limited to those outlined in W. Va. Code §18-5G-7(c)(2):

7.2.b.4.A. Receive and disburse funds for school purposes;

7.2.b.4.B. Secure appropriate insurance and enter into contracts and leases;

7.2.b.4.C. Contract with an ESP, so long as the governing board retains final oversight and authority over the school;

7.2.b.4.D. Pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

7.2.b.4.E. Solicit and accept any gifts or grants for school purposes, subject to applicable laws and the terms of its charter.

7.2.b.4.F. Apply for federal funds that may be available for the implementation of charter school programs; and

7.2.b.4.G. Acquire real property for use as its facilities or facilities from public or private sources.

7.2.b.5. Pursuant to W. Va. Code §18-5G-7(c)(3), the governing board shall enroll students in the charter school pursuant to W. Va. Code §18-5G-11 and section 9.

7.2.b.6. Pursuant to W. Va. Code §18-5G-7(c)(4), the governing board shall require any ESP the governing board is contracting with to timely provide a monthly detailed budget to the governing board.

7.2.b.7. Pursuant to W. Va. Code §18-5G-4(b)(6)(ix), require any ESP the governing board is contracting with to provide an annual review of educational and operational practices that the ESP found particularly effective for delivering improved student outcomes. The governing board shall report these practices to its authorizer and the state as part of annual reporting on successful innovations as required by state code.

7.2.b.8. Pursuant to W. Va. Code §18-5G-7(c)(5), the governing board is required to comply with all federal and state laws, rules, and regulations, including Policy 2419. The charter school must satisfy all federal requirements that enable it to receive subgrants and implement IDEA Part B.

7.2.b.9. The governing board must timely provide information and data upon request by the authorizer or the WVDE so that those entities may fulfill federal and statutory reporting requirements. Such requests must give charter schools at least 14 days to fulfill such requests, except when such time period would cause non-compliance with legally required reporting or when standard reporting schedules allow charter schools to be aware of upcoming reporting requirements.

7.2.b.10. The governing board must timely respond and take appropriate action to correct any deficiencies identified by the authorizer.

7.2.b.11. The governing board must remit to the authorizer an oversight fee in accordance with W. Va. Code §18-5G-6(i) and section 12.

7.2.b.12. The governing board must ensure that the primary financial official, the principal, and the governing board president are appropriately bonded using the requirements for equivalent positions at the county board of education level, which are contained in W. Va. 126CSR200, Policy 8100, Public School Finance.

7.2.b.13. The governing board shall hold an open public meeting at least once quarterly.

7.2.c. The charter school is responsible for facilities it uses during periods it is the primary user.

7.2.c.1. Pursuant to W. Va. Code §18-5G-12(c), if the charter school enters into a lease of public facilities, in part or in whole, the charter school is solely responsible for the direct expenses related to the public facility lease, including utilities, insurance, maintenance, repairs, and remodeling. The county board is responsible for any debt incurred or liens that are attached to the school building before the charter school leases the public facility.

7.2.c.2. If the charter school uses public facilities for individual events, the rental agreement shall define the responsibilities of each party and the costs to be reimbursed by the charter school.

7.2.c.3. Each charter school must, consistent with the requirements of the ADA and Section 504, ensure that individuals with exceptionalities are not excluded from programs, activities, or services at the school, even if their facility is not fully accessible. Each charter school shall make its program accessible to students with exceptionalities, as well as to parents/guardians, to school personnel, and to members of the public in accordance with Section 504.

7.2.d. In addition to all other responsibilities set forth in this section, a virtual charter school and its governing board are also responsible for adhering to the following duties and responsibilities:

7.2.d.1. Pursuant to W. Va. Code §18-5G-14(a)(6), the governing board members shall undergo at least one training per year related to appropriate oversight of the virtual charter school.

7.2.d.2. Pursuant to W. Va. Code §18-5G-14(a)(11), the virtual public charter school shall annually offer a student orientation to all students enrolled in the virtual charter school and timely notify all students and their parents/guardians of the requirement to participate in the student orientation. Participation in the annual student orientation each year is required prior to the student being permitted to begin any coursework or other instructional activity at the virtual charter school.

7.2.d.3. Pursuant to W. Va. Code §18-5G-14(a)(2), students from outside the primary recruitment area will not be enrolled in the virtual charter school.

7.2.d.4. Pursuant to W. Va. Code §18-5G-14(a)(5), the virtual public charter school shall not delay or deny admission or enrollment on the basis of an exceptionality and the charter school shall convene an IEP meeting after admission to ensure that the school develops an appropriate IEP in accordance with federal law.

7.2.e. Governing boards and charter schools shall not harass, threaten, discipline, discharge, retaliate, or in any manner discriminate against any of its employees for participation or affiliation in a union or teacher organization.

W. Va. Code R. § 126-79-8 Process for Renewal and Revocation of Charter Contracts

8.1. Purpose. The renewal process is pivotal to ensuring that authorized charter schools continue to promote the aims of improved student outcomes, innovative educational methods, and expanded educational opportunities set forth in W. Va. Code §18-5G-1(b). The renewal process provides the charter school authorizer with the opportunity to review the practices and outcomes of a charter school and determine whether its continued operation supports these aims in the area within which it operates.

8.2. Renewal Review and Application Process.

8.2.a. Pursuant to W. Va. Code §18-5G-10(a), no later than June 30 preceding the final school year of a charter school’s final year of its charter contract, the authorizer shall issue a performance report on the charter school. The performance report shall summarize the charter school’s performance record to date, based on agreed data collection in the charter contract, state law, and this policy, and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the school that may jeopardize its position in seeking renewal if not timely rectified. The school and the authorizer shall mutually agree to a reasonable time period for the charter school to respond to the performance report and submit any corrections for the report.

8.2.b. Pursuant to W. Va. Code §18-5G-10(b), no later than June 30 preceding the final school year of a charter school’s final year of its charter contract, the authorizer shall provide contract renewal application guidance to the charter school. The renewal application guidance shall include or refer explicitly to the criteria and standards agreed upon in the charter contract and will guide the authorizer’s renewal decisions. To assist authorizers, the WVDE will provide a standard renewal application template. Authorizers may use and/or modify the standard renewal application to the extent necessary to align the renewal process with the original contract, including addenda, and the educational mission of the charter school. The renewal application guidance that authorizers provide shall, at a minimum, require and provide an opportunity for charter school to:

8.2.b.1. Present evidence, beyond the data contained in the performance report, supporting its case for charter renewal;

8.2.b.2. Describe improvements undertaken or planned for the school; and

8.2.b.3. Detail the school’s plans for the next charter term.

8.2.c. Pursuant to W. Va. Code §18-5G-10(c), no later than September 30 of a charter school’s final authorized year of operation under a term of a charter contract, the governing board of the charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance offered by the authorizer.

8.2.d. Pursuant to W. Va. Code §18-5G-10(c), no later than 45 days after receiving a properly completed renewal application, an authorizer shall adopt a resolution in an open public meeting regarding the renewal application. In reaching a decision on the renewal application, the authorizer shall:

8.2.d.1. Pursuant to W. Va. Code §18-5G-10(c)(1), ground its decisions on a thorough analysis of evidence of the school’s performance over the term of the charter contract in accordance with the terms and measures established in the accountability plan set forth in the charter contract and public input collected through the same means as other public comments on county board of education actions, annual performance reports, and any required financial audits;

8.2.d.2. Pursuant to W. Va. Code §18-5G-10(c)(2), ensure that data used in making renewal decisions are available to the charter school and the public;

8.2.d.3. Pursuant to W. Va. Code §18-5G-10(c)(3), include, as part of the resolution, a report summarizing the evidence basis and specific reasons for its decision;

8.2.d.4. Pursuant to W. Va. Code §18-5G-9(d), comply with any additional provisions in the charter contract relating to the renewal application process that do not conflict with this section; and

8.2.d.5. Pursuant to W. Va. Code §18-5G-10(c)(4), specifically, include one of the following rulings:

8.2.d.5.A. Renew the charter contract for a specified term of years based on the school’s performance data and demonstrated capacities of the charter school. Pursuant to W.Va. Code §18-5G-14(a)(3), the term of renewal contracts for virtual charter schools shall be five years; or

8.2.d.5.B. Decline to renew the charter contract. Pursuant to W. Va. Code §18-5G-10(f), the authorizer may rely on any of the following reasons for not renewing a charter contract:

8.2.d.5.B.1. The health and safety of students attending the charter school is threatened;

8.2.d.5.B.2. The governing board and/or charter school failed to substantially comply with the provisions of this policy, state code, or federal law;

8.2.d.5.B.3. The governing board and/or charter school committed a material violation of any of the terms, conditions, standards, or procedures required in the charter contract and/or provided false or fraudulent information, by omission or commission, on its charter school application;

8.2.d.5.B.4. The charter school failed to substantially meet the performance expectations set forth in the charter contract;

8.2.d.5.B.5. The governing board and/or charter school failed to substantially meet generally accepted standards of fiscal management;

8.2.d.5.B.6. The governing board and/or charter school violated any provision of law from which the charter school was not exempted; or

8.2.d.5.B.7. With supporting evidence and rationale, continued operation of the charter school would not be in the best interests of students.

8.2.e. Pursuant to W. Va. Code §18-5G-10(c)(4)(B), in the case of nonrenewal of a charter contract, the governing board of the charter school shall have 30 days to respond in writing to the authorizer’s decision. If timely requested by the governing board, the authorizer shall arrange for a public hearing, which shall be recorded, and the governing board may be represented by counsel and call witnesses to testify.

8.2.f. Pursuant to W. Va. Code §18-5G-10(c)(4)(B), no later than 10 days after receiving a governing board’s written response to a decision not to renew a charter contract, the authorizer shall render a final decision on the renewal application. The authorizer shall consider the governing board’s response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the renewal application. Pursuant to W. Va. Code §18-5G-10(g), the authorizer’s final decision, and the reasons supporting the final decision, must be clearly stated in a resolution adopted in an open public meeting. If a governing board does not submit a written response to an authorizer’s decision to not renew a charter contract within the timeframe outlined in subsection 8.2.e., the authorizer’s decision not to renew shall be final.

8.2.g. Pursuant to W. Va. Code §18-5G-10(e), within 10 days of taking final action on a renewal application, the authorizer shall report the action taken and reasons for the decision to the school’s governing board, the WVBE, and affected authorizers(s), as applicable. A copy of the report shall be submitted at the same time to the State Superintendent of Schools.

8.2.h. Pursuant to W. Va. Code §18-5G-10(d), the failure of the authorizer to act on a renewal application within the designated timeframes shall be deemed an approval of the renewal application.

8.2.i. A nonrenewal of a charter contract may be appealed to the WVBE within 30 days of authorizer’s final decision.

8.3. Revocation of a Charter Contract.

8.3.a. Revocation Process. Pursuant to W. Va. Code §18-5G-10(h), a charter contract may be revoked at any time if the authorizer determines that:

8.3.a.1. The health and safety of students attending the public charter school is threatened;

8.3.a.2. An administrator employed by or member of the governing board over the charter school is convicted of fraud or misappropriation of funds;

8.3.a.3. There is a failure to meet generally accepted standards of financial management;

8.3.a.4. There is a material breach of the charter contract;

8.3.a.5. There is a substantial violation of any provision of law from which the public charter school is not exempt; or

8.3.a.6. There are dire and chronic academic deficiencies.

8.4. Closure of a Charter School.

8.4.a. Pursuant to W. Va. Code §18-5G-10(j), in the event a charter school is closed for any reason, the authorizer and governing board shall follow the process outlined in the charter contract for closing the school. To ensure a smooth and orderly closure and transition for students and parents/guardians, the WVDE will oversee and assist where needed and appropriate in the closure process to ensure the following items are accomplished:

8.4.a.1. Timely notification to parents/guardians of the reason(s) and timeline for closure;

8.4.a.2. Orderly transition of students and student records to new non-charter or charter schools.

8.4.a.3. Pursuant to W. Va. Code §18-5G-10(j)(2), proper disposition of school funds, property and assets in the following order: (1) to satisfy outstanding payroll obligations for employees of the charter school; (2) to satisfy creditors of the charter school, and (3) remaining funds, property, or assets shall transfer to the authorizer(s). If the assets of the charter school are insufficient to pay all the parties to whom the charter school owes compensation, the prioritization of assets may be altered by decree of a court of law.

8.4.b. Pursuant to W. Va. Code §18-5G-10(h), when the charter is revoked or not renewed for a school that began as a conversion charter school, the county board with authority over the district in which the school is located may return it to non-charter public school status.

8.4.c. Pursuant to W. Va. Code §18-5G-10(k), if a charter school is subject to closure or transition back to a non-charter public school, an authorizer may remove at will at any time any or all of the members of the charter school governing board if deemed necessary to ensure a smooth and orderly closure or transition. If the authorizer removes members of the governing board such that it can no longer function, the authorizer shall be empowered to take any further necessary and proper acts connected with closure or transition of the charter school in the name and interest of the charter school.

W. Va. Code R. § 126-79-9 Enrollment, Recruitment, and Retention

9.1. Purpose.

9.1.a. To fulfill the legislative intent of W. Va. Code §18-5G-1 et seq., charter schools must remain an open and reasonable option to all students, except as identified in W. Va. Code §18-5G-11(a)(6) in the case of charter schools with an educational mission focused on serving students with special needs. Efforts to recruit, enroll, and retain students must align with this objective.

9.1.b. Students must have the ability to transfer between charter and non-charter public schools without impairing their ability to graduate high school on time. To this end, authorizers and governing boards are responsible for working collaboratively to translate student credits between the two schools and ensuring transferring students and parents/guardians understand what coursework will be required to graduate at the receiving school, be it a charter or non-charter public school. The determination of grade levels for transferring students shall be based on what is age and educationally appropriate.

9.1.c. The authorizer and governing board must agree to and include in the charter contract provisions, consistent with the requirements of this section, relating to a charter school’s primary recruitment area, preferences to be used in a lottery, enrollment processes and timelines, and student transfer processes.

9.2. Recruitment and Retention.

9.2.a. Primary Recruitment Area.

9.2.a.1. Charter school applications must include a defined primary recruitment area. The primary recruitment area shall be based, pursuant to W. Va. Code §18-5G-11, on the charter school’s estimated facility and program capacity. The primary recruitment area for a charter school may include territory from more than one county. When the primary recruitment area includes territory from more than one county, pursuant to W. Va. Code §18-5G-2(2), the members of each county board receiving such application shall function as a single entity in evaluating and, if the application is approved, performing the duties and responsibilities of an authorizer.

9.2.a.2. Pursuant to W. Va. Code §18-5G-11, the primary recruitment area of a charter school is a geographic area within which students who reside in the primary recruitment area may receive preference for enrollment in the charter school as outlined in subsection 9.2.b. For virtual charter schools, enrollment is limited to the primary recruitment areas identified in the charter application.

9.2.a.3. Pursuant to W. Va. Code §18-5G-11(a)(4), the primary recruitment area is defined in the charter contract based on the initial proposed primary recruitment area outlined in the application as required by W. Va. Code §18-5G-8(b)(7).

9.2.a.4. For non-virtual charter schools, notwithstanding the defined primary recruitment area included in a charter contract, if more than one-third of the students enrolled at the charter school are from a single county outside the jurisdiction of an authorizing county board of education, the county board of education with jurisdiction over such county shall be given the option to join as an authorizer of the charter school. If a county board does decide to join as an authorizer, the charter contract shall be modified to include the county board of education as a party and to otherwise update as necessary to make clear each party’s duties and responsibilities.

9.2.b. Establishment of Enrollment Preferences.

9.2.b.1. Pursuant to W. Va. Code §18-5G-11(a)(9), a conversion charter school shall guarantee enrollment to all students who previously enrolled in the non-charter public school and shall adopt and maintain a policy that gives enrollment preference to students who reside within the attendance zone as established prior to the conversion of the school. Enrollment beyond guaranteed enrollment shall follow the enrollment process for all charter schools outlined below, subject to the above attendance area preference and other preferences in the charter contract.

9.2.b.2. The governing board of a charter school and its authorizer(s) shall agree to the specific preferences and the order of preferences in the charter contract.

9.2.b.3. A preference for students enrolled in the charter school in the previous school year must be included in the charter contract to provide educational stability for these students.

9.2.b.4. A preference for children who reside within the primary recruitment area must be included in the charter contract in line with the intent of W. Va. Code §18-5G-1 et seq. to expand the educational options available to students and families under the jurisdiction of the authorizer(s).

9.2.b.5. Pursuant to W. Va. Code §18-5G-11(a)(7), charter schools must establish enrollment preferences for:

9.2.b.5.A. Students enrolled in the charter school the previous school year; and

9.2.b.5.B. Children who reside within the school’s primary recruitment area.

9.2.b.6. Pursuant to W. Va. Code §18-5G-11(a)(7), charter schools may establish enrollment preferences for:

9.2.b.6.A. Children who are siblings of students already enrolled in the charter school;

9.2.b.6.B. Children with special needs; and

9.2.b.6.C. Children of governing board members and full-time employees of the charter school as long as the number of students enrolled under this preference constitutes no more than five percent of the school’s total student enrollment.

9.2.b.7. Preferences for students with special needs must define the documentation required to qualify for this preference. Documentation requirements must be minimally intensive to afford access to students with special needs and their families independent of their access to the resources necessary to complete documentation.

9.2.b.8. This section does not preclude the formation of a charter school whose mission is focused on serving students with exceptionalities. Charter schools with a mission to serve students with exceptionalities may prioritize recruitment and enrollment of students with a specific exceptionality profile. In such cases, the agreement between authorizer and charter school on the provision of special education and related services, described in section 6, shall reflect the charter school’s mission.

9.2.c. Recruitment Activities.

9.2.c.1. Pursuant to W. Va. Code §18-5G-11(a)(1), the charter school shall engage in comprehensive publicity about the school throughout its primary recruitment area. Publicity shall include easy-to-understand, accurate information about the school, its educational mission, its educational program, and any focus on students with special needs. The charter school shall make all reasonable efforts to reach students in or entering the grade levels it serves and their families. Publicity and other recruitment activities shall describe, in plain language, the processes and timelines for student enrollment application.

9.2.c.2. Charter schools must publicize their offerings and actively recruit students in their primary recruitment area annually. Publicity and recruitment activities must provide families in the primary recruitment area with ample opportunity to complete the required student enrollment application prior to the deadline.

9.2.c.3. Charter schools must prioritize outreach to students with special needs that qualify them for an enrollment preference at the charter school as well as their families.

9.2.c.4. Such activities shall be designed to welcome all students and families regardless of socioeconomic status, race, ethnicity, religion, home language, sex, gender identity, sexual orientation, disability, religion, other exceptionality, and prior academic performance and disciplinary record.

9.2.c.5. Pursuant to W. Va. Code §18-5G-11(a)(2), authorizers shall provide or publicize to parents/guardians and the general public information about charter schools with primary recruitment areas wholly or partially contained in the county as an enrollment option to the same extent and through the same means that the county provides and publicizes information about non-charter public schools in the county.

9.2.d. Enrollment and Retention Review.

9.2.d.1. On an annual basis, the governing board of a charter school and its authorizer shall review student application/enrollment, turnover, and transfer at the charter school. The purpose of the review is to ensure the school is providing a welcoming and positive educational environment for all students and their families within the primary recruitment area and/or eligible for enrollment preference based on special needs.

9.2.d.2. The application/enrollment review will compare the demographics of students applying to and enrolling in a charter school to surrounding non-charter public schools under the authorizer’s jurisdiction. There are no hard benchmarks that trigger action and differences in student demographics are not themselves a reason for concrete actions. However, significant and persistent differences demand further exploration by the charter school in collaboration with its authorizer. These collaborative efforts should aim to guard against charter school enrollment contributing to nearby schools having divergent demographics, which runs counter to the spirit of W. Va. Code §18-5G-11(a)(6). Application/enrollment reviews will consider application/enrollment of subgroups defined by characteristics including, but not limited, socioeconomic status, sex, race, ethnicity, disability, other exceptionality, and prior academic performance and disciplinary record.

9.2.d.3. The turnover review will explore overall turnover rates and the turnover rates for student subgroups. Student turnover, where a student transfers out of a charter school in between school years, is an inherent characteristic of charter schools in which students and parents/guardians have choice over enrollment. However, excessive turnover, either overall or among specific student subgroups, is a warning sign that the charter school is failing to provide a significant segment of students with a positive learning environment. The purpose of the review is to identify instances of excessive turnover among all students or specific subgroups and outline steps to remediate the situation. In instances of problematic turnover, the charter school must work with its authorizer to create a positive and welcoming learning environment for all students. The review shall consider turnover for all students and student subgroups. For virtual charter schools, the turnover review shall also include students and student subgroups that are disenrolled from the virtual charter school pursuant to school’s policy for failure to engage in instructional activities, as further described in subsection 4.5.h.

9.2.d.4. The mid-year transfer review will explore overall rates of mid-year transfers from a charter school and this rate for different student subgroups. A mid-year transfer is any transfer into or out of a charter school that occurs during the instructional school year for that school or any sending or receiving school. A high rate of mid-year transfers is a sign that the charter school is failing to provide students with a positive, welcoming learning environment. Examining differential rates for various student subgroups helps ensure that average rates do not mask issues specific to certain subgroups at a charter school. The purpose of the review is to identify instances of excessive mid-year transfer among all students or specific subgroups and outline steps to remediate the situation. In instances of problematic mid-year transfer, the charter school must work with its authorizer to create a positive and welcoming learning environment for all students. The review shall consider mid-year transfers for all students and student subgroups defined characteristics including but not limited to socioeconomic status, race, ethnicity, home language, sex, gender identity, sexual orientation, disability, other exceptionality, or prior academic performance and disciplinary record, when applicable and subject to data availability.

9.2.d.5. As a result of the student application/enrollment, turnover, and mid-year transfer reviews, authorizers may request charter schools to prepare a CAP to remedy concerning trends for review and approval by the authorizer. Nothing precludes a charter school from providing information to its authorizer explaining the reason(s) for individual student departure from the charter school after enrollment. Upon approval, the authorizer shall monitor the implementation of the plan by the charter school. If the charter school does not remedy the concerning student enrollment, turnover, and/or transfer trends through its CAP, the authorizer has the authority to take such action it deems as necessary to address the concerns and may recommend that the charter school appear before the WVBE to discuss the situation and develop appropriate remedies.

9.2.d.6. Authorizers who fail to faithfully uphold their responsibility to administer annual application/enrollment, turnover, and mid-year transfer reviews or take appropriate action when necessary may be subject to adverse consequences from the WVBE, including suspension of their role as authorizer.

9.3. Charter School Enrollment.

9.3.a. Annual target size announced by January 1 of each year.

9.3.a.1. Pursuant to W. Va. Code §18-5G-11(a)(5), the capacity of a charter school will be determined annually by the governing board of the charter school in conjunction with its authorizer. The capacity determination shall include both the overall enrollment capacity for a charter school as well as enrollment capacities by grade level within the charter school. The sum of sub-school capacities may exceed the overall capacity to account for variation in grade level enrollment. To allow for planning for both the charter school and public schools, the enrollment capacity must be agreed upon by the governing board of the charter school and its authorizer no later than January 1 of the year for which it will go into effect. Notwithstanding this annual deadline, the governing board of a charter school and its authorizer(s) may engage in cooperative planning to set multi-year target enrollments to guide long-term strategy and decision-making.

9.3.b. The Enrollment Timeline and Process.

9.3.b.1. The governing board of the charter school and its authorizer(s) shall agree upon an initial and annual enrollment process in their charter contract, pursuant to W. Va. Code §18-5G-8(b)(7). This agreement shall clearly define the responsibilities of the charter school when it comes to managing the enrollment process, verifying student enrollment preferences, and conducting the enrollment lottery, if necessary, as well as the role of the authorizer in overseeing these processes.

9.3.b.2. For the initial year a charter school is open, the primary round of charter school student enrollment applications, lottery, and enrollment shall conclude by April 15

9.3.b.3. For every subsequent year, the primary round of charter school student enrollment applications, lottery, and enrollment shall conclude by February 15 of each year to allow charter and non-charter public schools to plan appropriately for the upcoming year.

9.3.b.4. A charter school must make its student enrollment application available to the public at least 60 days prior to the application deadline.

9.3.b.4.A. The purpose of the student enrollment application is to allow students and parents/guardians to declare their desire to enroll in a charter school. The student enrollment application should promote an application process that is accessible to all students and families.

9.3.b.4.B. Except for virtual charter schools authorized by one or more county boards of education, the student enrollment application is open to all students of the appropriate age or grade level in West Virginia, though some students will have preferences that make it more likely they will be able to enroll.

9.3.b.4.C. For virtual charter schools authorized by the West Virginia Professional Charter School Board, the student enrollment application is open to all students of the appropriate age or grade level in West Virginia, not to exceed five percent of the headcount enrollment per year as outlined in subsection 4.3.f.1.

9.3.b.4.D. For virtual charter schools authorized by one or more county boards of education, the student enrollment application is open to students living within the jurisdiction of the authorizing county board(s) of education, not to exceed ten percent of the county or counties’ headcount enrollment per year as outlined in subsection 4.3.f.2.

9.3.b.4.E. The student enrollment application must collect basic student information necessary for enrollment as well as to identify and document enrollment preferences.

9.3.b.4.F. The student enrollment application cannot include essay questions, admissions tests, or other barriers to enrollment that demand the demonstration of high achievement. Academic, discipline, or other education-related data may only be collected for schools with a preference for students with special needs that need to use such data to determine student eligibility for the preference.

9.3.b.4.G. The admissions process of a charter school shall be blind to disability status, except that the school may request that parents/guardians applying for enrollment disclose whether their child has an IEP if and only if the sole purpose of such disclosure is to apply an enrollment preference for such students, as permitted by W. Va. Code §18-5G-11(a)(7)(C). In this case, parents/guardians shall be provided information on the enrollment preference before being asked to disclose their child’s disability status. Any such disclosure shall be voluntary; parents/guardians shall not be required to provide information as to special education status when applying for admission, but students will not be eligible for an enrollment preference tied to disability if disability status information is not provided. Any school utilizing an enrollment preference benefiting students with exceptionalities shall include information about such a preference and the number of students utilizing it as part of its annual report to its authorizer.

9.3.b.4.H. Students and families must be able to complete the student enrollment application electronically or by using a paper hard-copy. Applications submitted electronically and by paper must be maintained for audit purposes.

9.3.b.4.I. The WVDE shall provide a student enrollment application template that meets the criteria above that charter schools in West Virginia may choose to use.

9.3.b.5. Student applicants shall be offered enrollment at the charter school if:

9.3.b.5.A. The number of qualified student applicants to a charter school for a particular grade level is less than the capacity for that grade level; and

9.3.b.5.B. The number of overall student applicants to a charter school is less than its overall enrollment capacity.

9.3.b.6. If these conditions are met, student enrollment at the charter school is open. All student applicants shall be offered enrollment. Additional students (i.e., those who did not apply prior to the application deadline) may enroll based on space availability and the order in which they apply.

9.3.b.7. If either of the above conditions is not met, an enrollment lottery shall determine the order in which additional students are offered enrollment.

9.3.b.8. Pursuant to W. Va. Code §18-5G-11(a)(8), enrollment lotteries shall be conducted in open public meetings and involve procedures and timelines that support equal and open access for all students.

9.3.b.8.A. Enrollment lotteries may be conducted using computer-based randomization software. If randomization software is used, it must produce audit records verifiable by the WVDE.

9.3.b.8.B. The outcome of the random lottery is a priority ordering for students for enrollment in a charter school.

9.3.b.8.B.1. The random lottery shall occur during the open public meeting with the results announced and displayed publicly.

9.3.b.8.B.2. Students apply for enrollment in particular grade levels within a charter school. As such, enrollment lotteries will be separate for each grade level but must be conducted at one time in an open public meeting.

9.3.b.8.B.3. To incorporate the enrollment preferences in the charter contract, the random lottery will be stratified by grade level and enrollment preferences, including those without preference.

9.3.b.8.B.4. Within a given grade level, students are placed in the enrollment preference group with the highest level of preference as defined in the charter contract. Within each group, they are ordered by random lottery. Each preference group is then added to the enrollment order starting with the highest preference group to form the enrollment list.

9.3.b.8.B.5. Students who have a number on the list less than or equal to the capacity of the grade level are added to the preliminary enrollment pool.

9.3.b.8.B.6. If the number of students in the preliminary enrollment pool is less than or equal to the overall school capacity, all students in the preliminary enrollment pool will be offered enrollment.

9.3.b.8.B.7. If the number of students in the preliminary enrollment pool exceeds the overall school capacity, students in the preliminary pool enter a random lottery within students in their preference group but not combining students across grade levels.

9.3.b.8.B.8. Within preference groups, students are ordered by random lottery. Students are then added to the final enrollment list in this order starting with the students in the highest preference group.

9.3.b.8.B.9. Students with a number on the final enrollment list less than or equal to the capacity of the school are added to the final enrollment pool and will be offered enrollment.

9.3.b.8.B.10. Students not initially offered enrollment are added to the top of the waitlist in their random lottery order.

9.3.b.8.B.11. Each student offered enrollment has the ability to opt out of enrollment. As students opt out of enrollment, students on the waitlist are offered enrollment, beginning with the first student at the top of the waitlist.

9.3.c. Each charter school shall enroll students without regard to disability status.

9.3.c.1. When a child’s IEP includes special education and related services that the charter school does not currently offer, the charter school has several options to address the child’s needs. It does not, however, have the option of refusing to ensure that the child is provided all necessary special education and related services at no cost to the parents/guardians and in accordance with the child’s IEP. The charter school must provide a program of FAPE for the child in the LRE in which the child’s IEP can be implemented.

9.3.c.2. Pursuant to 34 CFR §300.209(a), children with exceptionalities attending a charter school retain all rights under Part B of IDEA as they would in non-charter public schools. Therefore, a charter school may not unilaterally limit the services it will provide a particular child with an exceptionality.

9.3.c.3. Following selection via the lottery, the IEP of any student with an exceptionality shall be immediately reviewed. The review may result in adjustments to the IEP and/or the charter school’s program necessary to ensure the student receives FAPE in the LRE.

9.4. Student Discipline.

9.4.a. Charter schools shall define and publicize their own student behavior and discipline policies as approved by their governing boards. These policies must avoid disparate and excessive discipline of vulnerable students, including those with exceptionalities. Provisions concerning student expulsion and out-of-school suspension must be incorporated into the charter contract.

9.4.b. Student expulsions from a charter school shall be approved by the governing board of the charter school. Charter schools must provide students facing expulsion with appropriate due process rights. In accordance with federal law, students with exceptionalities must be provided procedural safeguards and due process rights and procedures in accordance with IDEA and Policy 2419.

9.4.b.1. Students expelled from the charter schools remain the responsibility of the charter school. The charter school is responsible for providing the student with educational instruction and other legally required services to expelled students.

9.4.b.2. Charter schools may contract with county school boards to provide students expelled from charter schools with instruction and other legally required services at alternative education settings operated by the county school board. In such cases, the charter schools have the affirmative obligation to provide the receiving county school board and alternative education settings with reports on students’ academic and disciplinary standing as well as potential instructional materials to reduce the academic disruption for the students before their return to the charter schools.

9.4.b.3. When a student returns from a period of expulsion from a charter school, the student has the right to return to the expelling charter school. The student may also choose to return to a non‑charter public school at the end of their expulsion.

9.4.c. Students receiving out-of-school suspensions from charter schools must continue to receive educational instruction and other legally required services during the term of their suspension. The charter school remains responsible for these services.

9.4.c.1. Charter schools may contract with county school boards to provide their students with instruction and other legally required services at alternative education settings operated by the county school board. In such cases, the charter schools have the affirmative obligation to provide the receiving county school district and alternative education setting with a report on the student’s academic program and standing and disciplinary circumstances as well as potential instructional materials to reduce the academic disruption for the student before their return to the charter school. Any services for which a charter school contracts with a school district shall be provided by the district at cost and may be negotiated as a separate agreement from the charter contract.

9.4.c.2. Charter schools must provide students receiving out-of-school suspensions lasting more than 10 days with procedural safeguards and appropriate due process rights. In accordance with federal law, students with exceptionalities must be provided procedural safeguards and due process rights pursuant to IDEA and Policy 2419.

9.5. Transfers to/from a charter school.

9.5.a. Transfers to charter schools.

9.5.a.1. Students who wish to transfer to charter schools between school years will follow the enrollment process defined in the above subsection 9.3.

9.5.a.2. Students who wish to transfer to charter schools mid-school year must complete the charter school application. If enrollment at the charter school is below capacity overall and in the grade level to which the student is applying, the charter school shall offer enrollment to the student. If the school or grade is at capacity, the student shall be added to the bottom of the waitlist.

9.5.b. Transfers from charter schools.

9.5.b.1. Students who wish to transfer from a charter school to a non-charter public school between school years shall be enrolled at a non-charter public school based on the standard enrollment process, considering both school attendance zones and open enrollment policies.

9.5.b.2. Students who wish to transfer from a charter school to a non-charter public school during the school year shall be enrolled at a non-charter public school based on the standard enrollment process, considering both school attendance zones and open enrollment policies.

9.5.c. Responsibilities of sending and receiving schools.

9.5.c.1. When students transfer between charter public and non-charter public schools, educators at both schools have an affirmative responsibility to collaborate to smooth the transition for students.

9.5.c.2. Electronic records in WVEIS shall automatically transfer to the receiving school. Sending schools shall compile other relevant educational records and transfer them to the receiving school in a manner compliant with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99, state law regarding student privacy and data protection, and Policy 4350.

9.5.c.3. Receiving schools shall make every effort to accept and recognize in progress grades and credits earned at sending schools based on the demonstrated achievement and education needs of transferring students.

9.5.c.3.A. Pursuant to W. Va. §18-5G-11(b), non-charter public schools shall accept grades and credits earned by the student in courses or instructional programs at the charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic grades and credits from other non-charter public schools or that consider content competency when appropriate due to differences in curriculum delivery, instructional methods and strategies, or course designations and sequence.

9.5.c.3.B. In the spirit of furthering the best interests of students, charter schools shall accept transfer credits from non-charter public schools or other charter schools using similarly uniform and consistent processes as those outlined above.

W. Va. Code R. § 126-79-10 Educational Reporting Requirements

10.1. Flexibility, innovation, and accountability are the key underpinnings to fulfilling the charter schools’ promise of increasing educational options in order to improve student outcomes. To hold a charter school accountable, its authorizer must have access to relevant evidence about the charter school’s results. Straightforward reporting requirements and processes allow this access with minimum burden on authorizers and charter schools. This access helps ensure that charter schools are held accountable to their educational mission, their ability to improve student outcomes, and their promise of developing successful strategies for diffusion across public schools.

10.1.a. In order to achieve the requirements above, charter schools shall comply with reporting requirements, specifications, processes, and timeline set annually by the WVDE.

10.2. Student data.

10.2.a. Pursuant to W. Va. Code §18-5G-3(c)(7) and §18-5G-11(c), charter schools must comply with The Student Data Accessibility, Transparency, and Accountability Act pursuant to W. Va. Code §18-2-5h and Policy 4350.

10.2.b. Pursuant to W. Va. Code §18-5G-3(c)(8) and §18-5G-11(c), charter schools will have access to and shall use WVEIS, and any successor electronic education information system, maintained by the WVDE for the purpose of reporting required information.

10.2.c. Pursuant to W. Va. Code §18-5G-11(d), charter schools shall timely certify the following data to the WVDE and to the authorizer: student enrollment; average daily attendance; student participation in the national school lunch program, special education, vocational education, CTE, gifted education, advanced placement and dual credit courses, and federal programs; and other education data in the same manner as county boards of education.

10.2.d. Pursuant to W. Va. Code §18-5G-3(c)(6), charter schools shall administer the same student assessments required of non-charter public schools. However, in accord with W. Va. Code §18‑5G‑3(c)(6) and W. Va. Code §18‑5G‑3(c)(9), nothing in this policy precludes charter schools from establishing additional student assessment measures or other student or school performance measures.

10.2.e. Pursuant to W. Va. Code §18-5G-3(c)(9) and §18-5G-11(c), charter schools shall report information on student and school performance to parents/guardians, policy-makers, and the general public in the same manner as non-charter public school utilizing the electronic format established by the WVDE. This includes reporting all data necessary to participate in the state’s accountability system.

10.2.f. In order to execute the monitoring, oversight, and accountability responsibilities established in W. Va. Code §18-5G-6, authorizers will have electronic access to the same set of records in WVEIS and any subsequent replacements as county school districts would have for non-charter public schools in their jurisdiction. This access extends to authorizers even when a charter school is located outside the geographic boundaries of the authorizer, as in the case of co-authorized charter schools.

10.2.g. Any school utilizing an enrollment preference, including those benefiting students with s exceptionalities, shall include information about such a preference and the number of students utilizing it as part of its annual reporting to its authorizer.

10.3. Educational Practices and Innovations Reporting.

10.3.a. Pursuant to W. Va. Code §18-5G-1(b), establishing charter schools in West Virginia is intended to both promote innovative educational methods, practices, and programs and encourage the replication of successful strategies from charter schools.

10.3.b. Pursuant to W. Va. Code §18-5G-4(b)(6), the WVBE is required to report on successful innovations applied in authorized charter schools which may be replicated in non-charter public schools as well as how non-charter public schools may implement these innovations.

10.3.c. In order to achieve these aims, the WVDE will develop and maintain a system for recording innovative educational practices. Charter schools must complete required reporting within this system annually in order to fulfill the legislative intent noted above.

10.4. Annual Reporting.

10.4.a. To allow for an authorizer to adhere to its oversight duties and responsibilities, no later than September 30 of each year the following information and documentation shall be submitted by a charter school’s governing board to its authorizer:

10.4.a.1. Annual Accountability Plan results.

10.4.a.2. Application/enrollment, turnover, and transfer review performed pursuant to subsection 9.2.d.

10.4.a.3. For governing boards/charter schools that contract with an ESP, the monthly and yearly reporting submissions provided by the ESP to the governing board pursuant to subsection 11.3.

10.4.a.4. Unaudited financial statements prepared in accordance with General Accepted Accounting Principles.

10.4.b. An authorizer shall consider and make available the information and documentation submitted pursuant to subsection 10.4 at the authorizer’s next scheduled open meeting. The governing board shall be permitted, if requested, to provide testimony during such open meeting.

W. Va. Code R. § 126-79-11 Education Service Providers

11.1. Purpose. The role of an ESP is to manage the day-to-day education of students in charter schools. The specific functions performed by an individual ESP are defined by its contract with an authorized charter school’s governing board. Notwithstanding any contrary provision in the ESP’s contract, pursuant to W. Va. Code §18-5G-7(c)(2)(C), the governing board retains final authority and oversight over the charter school.

11.2. Pursuant to W. Va. Code §18-5G-8(c), if a charter applicant intends to contract with an ESP to be involved with the operations of its proposed charter school, the charter school application must include the following information relating to the ESP:

11.2.a. Evidence of success in serving student populations similar to the targeted population, including demonstrated academic achievement and growth as well as successful management of nonacademic school functions, if applicable;

11.2.b. Student performance data and financial audit reports for all current and past charter schools;

11.2.c. Documentation of and explanation for any actions taken, legal or otherwise, against any of its charter schools for academic, financial, or ethical concerns;

11.2.d. The proposed duration of the ESP’s intended contract with the charter school’s governing board;

11.2.e. The proposed annual fees and any other amounts to be paid to the ESP;

11.2.f. The roles and responsibilities of the governing board, the charter school staff, and the ESP. Any allocation of responsibilities for special education services must also be included;

11.2.g. The scope of services and resources to be provided by the ESP;

11.2.h. Performance evaluation measures and timelines;

11.2.i. Methods of contract oversight and enforcement by the governing board;

11.2.j. Investment disclosure, including, but not limited to:

11.2.j.1. Any interests or entanglements in the ESP, its parent companies, or subsidiaries held by members of the governing board;

11.2.j.2. Any investors, interest holders, subsidiaries, etc. in the ESP;

11.2.j.3. Conditions for renewal and termination of the ESP contract; and

11.2.j.4. Disclosure and explanation of any existing or potential conflicts of interest between the governing board and the proposed ESP or any affiliated business entities.

11.2.k. As part of the evaluation of charter school applications, authorizers shall consider the information provided in determining whether the ESP is reasonably likely to succeed in their context. In doing so, the authorizer may consider the following:

11.2.k.1. The ESP’S demonstrated success in improving student outcomes relative to other students with similar incoming achievement and demographics to those it serves in existing schools;

11.2.k.2. The ESP’S demonstrated ability to successfully manage school operations and finances;

11.2.k.3. The ESP’s involvement in part of a charter school network or network of networks that has demonstrated success improving student outcomes relative to similar students;

11.2.k.4. The ESP’s experience serving students and communities similar to the one it plans to serve;

11.2.k.5. The ESP’s identification of key members of its school leadership team (e.g., instructional leader, operational leader, etc.) and whether those leaders possess the experience, qualifications, and past success that make them reasonably likely to succeed;

11.2.k.6. The ESP and governing board’s adequate address of any past actions, legal or otherwise, against the ESP or any schools or other entities that it operates;

11.2.k.7. The ESP and governing board’s tailoring of adequate educational and business plans to the local context in which it will operate to create a reasonable likelihood that the school will achieve its educational mission;

11.2.k.8. The governing board’s plans to provide adequate educational, operational, and financial services not provided by the ESP;

11.2.k.9. If the ESP is or is a subsidiary of a for-profit entity, the terms of the contract that generate profits are not excessive;

11.2.k.10. The governing board’s draft of reasonable oversight and accountability methods to address performance concerns prior to issues rising to the attention of the authorizer; and

11.2.k.11. The ESP and governing board’s establishment of adequate additional oversight and monitoring plans if the proposed charter school relies heavily on virtual, asynchronous instruction.

11.3. Reporting Requirements for ESPs.

11.3.a. Pursuant to W. Va. Code §18-5G-7(c)(4), ESPs shall provide monthly detailed budgets to the charter school’s governing board.

11.3.b. Pursuant to W. Va. Code §18-5G-4(b)(6)(ix), ESPs shall provide the charter school’s governing board with an annual review of educational and operational practices that the ESP found particularly effective for delivering improved student outcomes. The governing board shall report these practices to its authorizer and the state as part of annual reporting on successful innovations as required by state code.

W. Va. Code R. § 126-79-12 Finances

12.1. Purpose.

12.1.a. W. Va. Code §18-5G-5 outlines the funding of charter schools as well as tools to mitigate the fiscal impact on county school districts. Clearly articulating the financial rules and processes for charter schools will help applicants complete thorough applications and authorizers determine the financial viability of applications and plan for the fiscal effects on county school districts where charter schools operate.

12.2. Portion of Net Enrollment (W. Va. Code §18-5G-5(a)).

12.2.a. In accordance with W. Va. Code §18-5G-5(a), 90 percent of the per pupil total basic foundation allowance follows the student to the charter school. The per pupil total basic foundation allowance amount is calculated annually by the WVDE by dividing each county’s total basic foundation allowance (Step 8 of the Public School Support Plan (PSSP)) by the county’s adjusted net enrollment for state aid funding purposes. This amount differs by county board of education and changes annually.

12.2.b. State aid funding for county boards of education is based on the prior year enrollment. For example, funding for the 2020-2021 school year is based on student enrollment in the 2019-2020 school year.

12.2.c The state aid funding amount that WVDE calculates a county board of education owes to a charter school, inclusive of the local share amount per charter school pupil, shall be withheld from the county board of education’s net state aid funding and paid by the WVDE directly to the charter school on behalf of the county board of education. Payments from the WVDE to the charter school shall be made in accordance with the expenditure schedule approved by the State Budget Office. If the total amount a county board of education owes to a charter school exceeds their total net state aid funding available and the WVDE shall be unable to withhold the full amount, any remaining balance due to the charter school shall be paid directly by the county board of education to the charter school. Payments from a county board of education to the charter school for state aid amounts owed shall be made in a manner that results in at least 25 percent of the annual amount due being paid by the end of each of the four quarters during the school year. Nothing precludes the county board of education from paying the amounts due to a charter school at an earlier date than the required quarterly payment.

12.2.d. In the initial year of existence for a charter school, the charter school will receive 90 percent of the per pupil total basic foundation allowance for each pupil based on a projected enrollment count for the initial year as determined by the primary round of charter school enrollment (see section 9).

12.2.d.1. The WVDE will distribute the initial funding withheld from the county board of education to the charter school based on projected enrollment counts starting on July 1. The payment schedule and amounts shall later be adjusted based on the charter school’s certified October 1 (second month) student enrollment full-time equivalency count to provide the appropriate total funding for the school year.

12.2.d.2. The WVDE will determine the actual county of enrollment for each enrolled pupil for the prior school year and will calculate the amount each county board of education would owe to the charter school based on the student’s full time enrollment (FTE) status at the charter school. If the student was not enrolled in a county school system the prior year, no county board of education received state aid funding for that pupil for the initial year of existence for the charter school. Although no state aid funds were received for the student, the county of residence for the student did receive property tax funding for the pupil and therefore would owe 90 percent of the local share amount per pupil to the charter school. In such a situation, the local share amount per pupil shall be recalculated to include the student that was not enrolled in the enrollment count utilized since the standard amount calculated by the WVDE annually is based on actual student enrollment and would result in a higher amount per pupil than what the county would have truly received per pupil after consideration of the additional student(s).

12.2.d.3. In the initial year a charter school is authorized to open, the county board of education will not receive a solid estimate of the projected enrollment until after April 15, when the initial enrollment process concludes. However, the county board of education will have information available from the charter school application including, but not limited to, enrollment capacity, grade levels, and primary recruitment area prior to receipt of the projected enrollment count in April. The county board of education shall consider that information for initial personnel and budgetary planning for the initial school year. Planning ahead will be critical given the condensed timeline of the initial year.

12.2.e. Once a student is enrolled in a charter school, that student will be included in the charter school’s certified October 1 (second month) student enrollment count moving forward. However, to facilitate accurate state aid funding calculations for charter schools, all charter school students shall also be tracked by their home attendance area school based on the student’s physical address. If a student moves to West Virginia from another state and wishes to attend a charter school, the student shall first enroll with the appropriate county board of education based on their home address, and that county board of education shall then transfer the student to the charter school. If charter school students have a change in their physical address, the charter school shall contact the impacted county boards of education to ensure that the enrollment records are properly updated to reflect a new home attendance area school so that state aid funding appropriately follows the charter school student in accordance with W. Va. Code §18-5G-5(a).

12.2.e.1. Accordingly, after the initial year of operations of the charter school, the payment of the 90 percent of the per pupil total basic foundation allowance will be based on the charter school’s student enrollment count included in the PSSP calculations for the particular school year. For example, if the charter school reports a student enrollment of 100 FTE in the initial year of operations, the state aid funding calculations for the second year of operations of the charter school are based on that enrollment count and the charter school will only receive funds from the state based on that 100 FTE count. The per pupil allocation paid to the charter school in the second year of operations will be based on 100 students, regardless of the charter school’s actual student enrollment in the second year since that is all the funding that the county boards of education will have received on behalf of the charter school. County boards of education are not expected to provide funding to a charter school for students that were not previously enrolled with the county board of education.

12.2.e.2. After the initial year of operations of a charter school, initial enrollment activities for charter schools will conclude by February 15. This schedule will provide more time for county boards of education to make financial and personnel plans based on projected charter school enrollment. Even prior to the receipt of the projected enrollment, county boards of education will have key information available, including but not limited to, primary recruitment area, charter school capacity by grade, and enrollment preferences, to start planning as early as possible for the impact of the charter school enrollment on their budgets.

12.2.f Under the provisions of W. Va. Code §18-9A-15, county boards of education are eligible for increased enrollment funding if they experience an increase in net student enrollment over the previous year. Eligibility for the increased enrollment funding shall also be extended to charter schools. The calculations under W. Va. Code §18-9A-15 will be modified in a manner such that each county board of education’s eligibility for the increased enrollment funding will be determined exclusive of any charter school student enrollment for their county. Each charter school shall be evaluated for eligibility based on the charter school’s net student enrollment for the current year as compared to the prior year. Ninety percent of any increased enrollment funding allocation calculated for a charter school shall be paid by the WVDE directly to the charter school by no later than December 31st annually.

12.3. Transportation Allowances (W. Va. Code §18-5G-5(a)(1)).

12.3.a. The calculation of the allowance for student transportation under W. Va. Code §18-9A-7 is based largely on the actual student transportation expenditures incurred by the county board of education. By requiring county boards of education to provide 90 percent of the per pupil total basic foundation allowance to the charter school, which includes the allowance for student transportation, county boards of education are required to provide funds to the charter school without a corresponding reduction in their actual transportation expenses. W. Va. Code §18-5G-5(a)(1) provides that the calculations under W. Va. Code §18-9A-7 may be modified to account for these situations to provide additional funding to the county boards of education.

12.3.b. The calculations under the PSSP in W. Va. Code §18-9A-7 will be modified by adding to the county board’s total allowance for student transportation the equivalent of the county board’s prior year transportation allowance per pupil multiplied by the charter school FTE student enrollment being utilized in the PSSP calculations for the current fiscal year, if either of the following conditions is met:

12.3.b.1. The charter school does not provide transportation to students but the county board of education must provide 90 percent of the transportation allowance to the charter school; or

12.3.b.2. The county boards of education provides the transportation on behalf of the charter school but must still provide 90 percent of the transportation allowance to the charter school.

12.3.c. In situations where the charter school provides transportation to students through means other than the county board, the calculations in W. Va. Code §18-9A-7 will be modified to add the charter school’s actual transportation expenditures to those of the county board in which the charter school is physically located in the allowance for student transportation calculation. If a charter school’s primary recruitment area serves multiple county boards of education, the actual transportation costs of the charter school shall be split proportionately among the county boards of education in the recruitment area based on the student enrollment from each county board in the recruitment area to allow the funding to follow the students to the extent possible.

12.4. Current Expenses Allowances (W. Va. Code §18-5G-5(a)(1)).

12.4.a. The calculation of the allowance for current expense under W. Va. Code §18-9A-9(1) is based largely on the actual current expenses (operations and maintenance expenditures) incurred by the county board of education. By requiring the county board of education to provide 90 percent of the per pupil total basic foundation allowance to the charter school, which includes the allowance for current expense, county boards of education are required to provide funds to the charter school without a corresponding reduction in their actual current expenses. W. Va. Code §18-5G-5(a)(1) provides that the calculations under W. Va. Code §18-9A-9(1) may be modified to account for these situations to provide additional funding to the county boards of education.

12.4.b. The calculation of the allowance for current expense under the PSSP contained in W. Va. Code §18-9A-9(1) will be modified to add the charter school’s actual operations and maintenance expenditures to those of the county board of education in which the charter school is physically located and to add the square footage of the charter school to the square footage of the county board of education in which the charter school is physically located in the allowance for current expense calculation. Under the PSSP, the allowance for current expense applies a statewide average cost per square foot and statewide average square footage per pupil amount to the student enrollment count of each county board of education. The student enrollment counts for each county board of education include students enrolled in charter schools, so the additional current expense funding will follow the pupils to their home attendance area county board of education.

12.5. Public Employees Insurance Agency (PEIA) Funding.

12.5.a. W. Va. Code §18-5G-5(e) permits the WVBE to address unforeseen circumstances in the implementation of charter schools. While the provisions of W. Va. Code §5-16-2 were modified to allow charter schools to participate in the PEIA and the statutory language in W. Va. Code §18-5G-3(b)(7) allows the charter school to manage employee participation in insurance plans, the Legislature has not addressed funding for PEIA insurance for charter school employees. The funding for county board of education employees to participate in PEIA is outside of the total basic foundation allowance under the PSSP and is provided directly to PEIA by the WVDE pursuant to W. Va. Code §18-9A-24 on behalf of the county boards of education, so the state aid funds calculated in subsection 12.2 do not include funding for PEIA.

12.5.b. If a charter school elects to provide health insurance coverage to employees using PEIA, the WVDE will calculate the amount of PEIA funding which is attributable to the students enrolled in the charter school and provide an allocation on behalf of the charter school directly to PEIA in the same manner in which the allocations are provided to PEIA on behalf of the county boards of education.

12.5.c. In the initial year of operation of a charter school, the WVDE will calculate the amount of PEIA funding which is attributable to the students enrolled in the charter school in the following manner:

12.5.c.1. Estimate the number of charter school students who were enrolled in each county board of education in the previous year.

12.5.c.2. Calculate the total number of professional educator positions, service personnel positions, and professional student support personnel positions that were attributed to the charter school students based on each county’s population density category.

12.5.c.3. Multiply the number of total positions attributable to the charter school students by the average employer PEIA premium for each county board of education.

12.5.c.4. Multiply the subtotal from subsection 12.5.c.3 by 90 percent.

12.5.c.5. Reduce each county board of education’s calculated PEIA allowance by the amounts derived in subsection 12.5.c.4.

12.5.c.6. The charter school’s PEIA allowance is the total of the amount derived in subsection 12.5.c.4 for all county boards of education that had charter school students enrolled in the previous year (since state aid funding is based on the previous year).

12.5.c.7. The PEIA allowance for the charter schools is subject to the same annual reallocation process based on updated employer premium rates as the county boards of education. In addition, in the initial year of operation of the charter school, the annual reallocation process will also include an adjustment to the actual enrollment count for the initial year of charter school operations.

12.5.d. In subsequent years, the WVDE will calculate the amount of PEIA funding which is attributable to the students enrolled in the charter school in the following manner:

12.5.d.1. Determine the number of charter school students who were enrolled in each county board of education in the previous year.

12.5.d.2. Calculate the total number of professional educator positions, service personnel positions, and professional student personnel support positions that were attributed to the charter school students based on each county’s population density category.

12.5.d.3. Multiply the number of total positions attributable to the charter school students by the average employer PEIA premium for each county board of education.

12.5.d.4. Multiply the subtotal from subsection 12.5.d.3 by 90 percent.

12.5.d.5. Reduce each county board of education’s calculated PEIA allowance by the amount derived in subsection 12.5.d.4.

12.5.d.6. The charter school’s PEIA allowance is the total amount derived in subsection 12.5.d.4 for all county boards of education that had charter school students enrolled in the previous year.

12.5.d.7. The PEIA allowance for the charter schools is subject to the same annual reallocation process based on updated employer premium rates as the county boards of education.

12.5.e. If a charter school does not elect to participate in PEIA, the unspent allocation for the charter school shall be treated by the WVDE the same as any unspent allocation for the county boards of education.

12.6. Retirement Funding.

12.6.a. W. Va. Code §18-5G-5(e) permits the WVBE to address unforeseen circumstances in the implementation of charter schools. While the provisions of W. Va. Code §18-7A-3 and §18-7B-2 were modified to allow charter schools to participate in the Teachers’ Retirement System (TRS) and the Teachers’ Defined Contribution Retirement System (TDC) and the statutory language in W. Va. Code §18‑5G-3(b)(7) allows the charter school to manage employee participation in retirement, the Legislature has not addressed funding for retirement contributions for charter school employees. The funding for county board of education employees to participate in retirement is outside of the total basic foundation allowance under the PSSP and is provided directly to the West Virginia Consolidated Public Retirement Board (CPRB) by the WVDE pursuant to W. Va. Code §18-9A-6a(b)on behalf of the county boards of education, so the state aid funds calculated in subsection 12.2 do not include funding for retirement.

12.6.b. If a charter school elects to participate in the TRS and TDC retirement plans provided by the CPRB, the WVDE will calculate the amount of retirement funding which is attributable to the students enrolled in the charter school and provide an allocation on behalf of the charter school directly to the CPRB in the same manner in which the allocations are provided to the CPRB on behalf of the county boards of education.

12.6.c. In the initial year of operation of a charter school, the WVDE will calculate the amount of retirement funding which is attributable to the students enrolled in the charter school in the following manner:

12.6.c.1. Determine the number of charter school students who were enrolled in each county board of education in the previous year.

12.6.c.2. Calculate the total number of professional educator positions, service personnel positions, and professional student support personnel positions that were attributed to the charter school students based on each county’s population density category.

12.6.c.3. For each category of personnel, multiply the number of positions calculated in subsection 12.6.c.2 by the average state minimum salary of the county and county’s average retirement contribution rate.

12.6.c.4. Add the total calculated in subsection 12.6.c.3 for each category of personnel to determine the total estimated retirement contribution attributable to charter school students for each county board of education.

12.6.c.5. Multiply the total from subsection 12.6.c.4 above by 90 percent.

12.6.c.6. Reduce each county board of education’s calculated retirement allowance by the amount derived in subsection 12.6.c.5.

12.6.c.7. The charter school’s retirement allowance is the total of the amounts derived in subsection 12.6.c.5 for all county boards of education that had charter school students enrolled in the previous year.

12.6.d. In subsequent years, the WVDE will calculate the amount of retirement funding which is attributable to the students enrolled in the charter school in the following manner:

12.6.d.1. Determine the number of charter school students that were enrolled in each county board of education in the previous year (since state aid funding is based on the previous year).

12.6.d.2. Calculate the total number of professional educator positions, service personnel positions, and professional student support personnel positions that were attributed to the charter school students based on each county’s population density category.

12.6.d.3. For each category of personnel, multiply the number of positions calculated in subsection 12.6.d.2 by the average state minimum salary for each county board of education and each county’s average retirement contribution rate.

12.6.d.4. Add the total calculated in subsection 12.6.d.3 for each category of personnel to determine the total estimated retirement contribution attributable to the charter school students for each county board of education.

12.6.d.5. Multiply the total from subsection 12.6.d.4 by 90 percent.

12.6.d.6. Reduce each county board of education’s calculated retirement allowance by the amount derived in subsection 12.6.d.5.

12.6.d.7. The charter school’s retirement allowance is the total amount of the amounts derived in subsection 12.6.d.5 for all county boards of education that had charter school students enrolled in the previous year.

12.6.e. If a charter school does not elect to participate in the TRS and TDC plans sponsored by the CPRB, any unspent retirement allowance calculated for the charter school shall be transferred to the CPRB to apply to the TRS unfunded retirement liability.

12.7. Federal Funds (W. Va. Code §18-5G-5(a)(3)).

12.7.a. The WVDE will follow all federal regulations with regards to funding for charter schools. The WVDE issues grants and provides federal funds for various federal programs, and the treatment of charter schools under the federal regulations varies depending on the specific federal program. Federal regulations also change on a regular basis. Accordingly, the specific treatment of charter schools under each federal program will not be included in WVBE policy to allow the WVDE to comply promptly with any changes in federal regulations related to charter schools. As with all LEAs, the WVDE will work directly with authorized charter schools regarding the distribution of federal funds.

12.7.b. Pursuant to W. Va. Code §18-5G-4(b)(4), the WVDE will make a good faith effort to obtain Charter School Program grant funds from the United States Department of Education.

12.8. Authorizer Costs (W. Va. Code §18-5G-5(d)).

12.8.a. In accordance with W. Va. Code §18-5G-6(i), each charter public school shall remit to its respective authorizer an oversight fee.

12.8.a.1. Pursuant to W. Va. Code §18-5G-5(d), the oversight fee charged by the authorizer shall be equal to one percent of the total per pupil funding amount for all charter school students, as calculated in subsection 12.2.

12.8.a.2 . The amount of the oversight fee shall be remitted by the charter school to the authorizer by no later than June 1 annually.

12.8.b. The WVDE will review the oversight fee structure annually to determine if the amount of the oversight fee is effective or if it needs adjusted by a sliding scale that considers the number of schools authorized, the number of students attending each school, etc. The annual review will continue input from authorizers and charter schools. Recommendations to change the oversight fee structure will be made to the WVBE.

12.9. Accounting and Financial Reports (W. Va. Code §18-5G-3(c)(10)).

12.9.a. Pursuant to W. Va. Code §18-5G-3(c)(10), each charter school will meet the same accounting and financial requirements required of non-charter public schools, including but not limited to participation in the State Auditor’s financial transparency website.

12.9.b. Pursuant to W. Va. Code §18-5G-3(c)(10), each charter school shall annually engage an external auditor to perform an independent audit of the school’s finances. The charter school shall submit the audit report to its authorizer and the State Superintendent of Schools no later than nine months following the end of the fiscal year for which the audit is performed.

12.9.c. Each charter school shall submit unaudited financial statements to its authorizer and the State Superintendent of Schools in accordance with the annual financial statement instructions and deadlines published annually by the WVDE.

W. Va. Code R. § 126-79-13 Appeal of Authorizer’s Decision to West Virginia Board of Education

13.1. Pursuant to W. Va. Code §18-5G-13, an applicant may file an appeal to an authorizer’s a denial of that applicant’s application to the WVBE no later than 30 calendar days after:

13.1.a. The authorizer adopts a resolution denying a charter application; or

13.1.b. The authorizer adopts a resolution denying a charter renewal application.

13.2. An applicant submitting an appeal to the WVBE pursuant to this section shall include the following information and documentation:

13.2.a. A summary of the application timeline specifically noting the following dates, as applicable: the date that the application was submitted to the authorizer, the date the identification of application deficiencies was issued, the date the revised application was submitted to the authorizer; the date of the applicant interview; the date of the public forum; and/or the date the authorizer adopted a resolution denying the application.

13.2.b. The initial application submitted to the authorizer;

13.2.c. The identification of application deficiencies issued by the authorizer;

13.2.d. Any subsequent revised applications submitted to the authorizer;

13.2.e. The resolution adopted by the authorizer denying the application and any accompanying supporting documentation to the resolution issued by the authorizer;

13.2.f. A concise statement articulating the applicant’s basis for the appeal.

13.3. An applicant shall provide a copy of all materials submitted in conjunction with the appeal to the authorizer. Within 15 calendar days of receipt, the authorizer may submit a concise statement in response to the applicant’s statement articulating the applicant’s basis for the appeal.

13.4. Upon receipt of all submissions, the WVBE shall provide the parties with an anticipated timeline for review and decision. The WVBE shall review the materials submitted by the applicant and authorizer. The WVBE shall either deny the appeal or remand the authorizer’s decision back to the authorizer for further proceedings if the substantive rights of the applicant have been prejudiced because the authorizer’s findings, inferences, conclusions, or decisions are:

13.4.a. In violation of constitutional or statutory provisions or WVBE policy;

13.4.b. In excess of the statutory authority or jurisdiction of the authorizer;

13.4.c. Made upon unlawful procedures;

13.4.d. Affected by other error of law;

13.4.e. Clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or

13.4.f. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

W. Va. Code R. § 126-79-14 Severability

14.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 081 Attendance (Policy 4110)

W. Va. Code R. § 126-81-1 General

1.1. Scope. -- This legislative rule establishes guidelines for the development of county attendance policies.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §§16‑3-4, 17B‑2-3, 17B‑2‑5, 18‑2‑5, 18-2-5c, 18-5-15, 18-8-1, 18-8-2, 18-8-3, 18-8-4, 18-8-5, 18-8-11, 50-1-8; and, Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq. (McKinney-Vento Act).

1.3. Filing Date. -- August 14, 2024.

1.4. Effective Date. -- September 16, 2024.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR81, Policy 4110, Attendance, filed December 16, 2020, and effective January 15, 2021.

W. Va. Code R. § 126-81-2 Purpose

2.1. The West Virginia Board of Education (WVBE) recognizes a direct relationship exists between students’ daily school attendance and academic performance, graduation, and the development of good work habits. This attendance policy promotes students’ daily school attendance. Each county shall be required to develop and implement a county attendance policy and assist their schools with developing and implementing a plan to address attendance using a Multi-Tiered System of Support (MTSS) framework in accordance with this policy. Daily attendance is necessary for students to meet their schools’ academic program standards, as each day’s learning builds on the work previously completed. While students and parents/guardians/custodians have the ultimate responsibility for daily school attendance, the laws of West Virginia require school administrators to enforce regular attendance of compulsory school-aged students and to provide a safe learning environment through engaging, high-quality instruction to encourage regular attendance.

W. Va. Code R. § 126-81-3 Definitions

3.1. Absence. Not being physically present for any reason or failing to engage in virtual or remote learning in accordance with county policies.

3.1.a. All documentation relating to absences shall be provided to the school not later than three instructional days after the first day the student returns to school. In the event documentation is not provided to the school within three instructional days after the first day the student returns to school, the absences are considered unexcused.

3.1.b. Excused Student Absences. Absences that result from:

3.1.b.1. failure of the bus to run;

3.1.b.2. medical or dental appointment with a valid written excuse from the physician or dentist; and

3.1.b.3. personal illness or injury of the student;

3.1.b.3.A. The total absences permitted under this section combined with absences permitted under section 3.1.b.4 (personal illness or injury of a student’s family member) must not exceed 10 per school year unless supported by a physician's note.

3.1.b.4. personal illness or injury of the student’s parent/guardian/custodian, or family member, provided:

3.1.b.4.A. the excuse for such an absence must provide a reasonable explanation for the student’s absence caused by the illness or injury in the family, and

3.1.b.4.B. the total absences permitted under this section combined with absences permitted under section 3.1.b.3 (personal illness or injury of the student) must not exceed 10 per school year;

3.1.b.5. documented chronic medical conditions that may require multiple or regular absences. These conditions must be documented annually with a valid physician’s note that explains the condition and anticipated impact on attendance. The necessity for the absences must be approved and reviewed quarterly by the Student Assistance Team (SAT), Individualized Education Program (IEP) team, or Section 504 team as defined by W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419);

3.1.b.6. documented disabilities consisting of any mental or physical impairments that substantially limit one or more major life activities and are documented annually with a valid physician’s note that explains the disability and the anticipated impact on attendance. The necessity for the absences must be approved and reviewed quarterly by the SAT, IEP team, or Section 504 team;

3.1.b.7. death in the family;

3.1.b.8. judicial obligation or court appearance involving the student; or

3.1.b.9. military requirements for students enlisted or enlisting in the military;

3.1.c. Unexcused Student Absence. Any absence not specifically included in the definition of Excused Student Absences.

3.2. Absence Measure. A measure of the extent to which a student misses instructional time across all modes of learning, including in-person, virtual, and other settings, as defined in section 3.16.

3.2.a. Full-day absence: being absent 80 percent or more of the school day.

3.2.b. Three quarter-day absence: being absent 60-79 percent of the school day.

3.2.c. Half-day absence: being absent 40-59 percent of the school day.

3.2.d. Quarter-day absence: being absent 20-39 percent of the school day.

3.3. Allowable Deductions for Schools. Absences that result from failure of the bus to run and students not in attendance due to disciplinary measures which are not included in the chronic absenteeism calculation.

3.4. Attendance. A measure of exposure to instruction across all modes of learning, including in-person, virtual, and other settings, as defined in section 3.17.

3.5. Attendance Rate. The number of days present divided by the number of membership days multiplied by 100.

3.6. Chronic Absenteeism. Missing 10 percent or more of instructional days for any reason except the allowable deductions defined in section 3.3.

3.7. Compulsory School Age. Begins with the school year in which the sixth birthday is reached prior to July 1 of such year or upon enrolling in a publicly supported kindergarten program and continues to the seventeenth birthday for as long as the student continues to be enrolled in a school system after the seventeenth birthday.

3.8. Dropout. A student who:

3.8.a. was enrolled in school at some time during the previous school year and was not enrolled on October 1 of the current school year;

3.8.b. has not graduated from high school, obtained a high-school equivalency diploma, or completed a state- or county-approved education program; and

3.8.c. does not meet any of the following exclusionary conditions:

3.8.c.1. transfer to another in- or out-of-state public school system, private school, home school, or state- or county-approved education program;

3.8.c.2. temporary school-recognized absence due to suspension or illness; or

3.8.c.3. death.

3.9. Dropout Date. The school day following the dropout’s last day of attendance.

3.10. Enrollment. A student who is officially enrolled when one of the following conditions occur:

3.10.a. was enrolled the previous year;

3.10.b. appears at school to enroll with or without a parent/guardian/custodian; or

3.10.c. appears at school to enroll with or without a parent/guardian/custodian and with or without records.

3.11. Enrollment Count. A status count that reports the number of students on the attendance register as required by the West Virginia Department of Education (WVDE).

3.12. Homeless Children and Youth (McKinney-Vento Act). Individuals who lack a fixed, regular, and adequate nighttime residence and includes:

3.12.a. children and youth who share the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, camping grounds, due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; and/or are abandoned in hospitals or other locations;

3.12.b. children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation;

3.12.c. children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

3.12.d. migratory children who qualify as homeless because the children or youth are living in circumstances as described in the above descriptions.

3.13. Jaycie’s Law. A support plan for pregnant and parenting students to stay in school and earn a diploma. (See Appendix A for guidance.)

3.14. Meaningful Contact. Two-way communication between the school administrator or other school designee and the student’s parent/guardian/custodian to discuss the student’s attendance record in an effort to prevent subsequent truancy or other legal proceedings relating to compulsory school attendance and minimize additional absences. Methods of meaningful contact include, but are not limited to, phone calls, video conferencing, home visits, and the use of digital platforms.

3.15. Membership Days. The days present plus the days absent.

3.16. School of Origin (McKinney-Vento Act). The school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool.

3.17. Student Presence. Students may be present for instruction in the following settings.

3.17.a. In-school. Participation in educational activities at a school building.

3.17.b. Alternate Setting. Participation in educational activities in a location other than the school building due to specific approved circumstances, such as out of school placement and alternative learning programs.

3.17.c. Homebound/Hospital Instruction. Participation in homebound or hospital instruction due to an illness, injury, or other circumstances which warrant home or hospital confinement.

3.17.d. Virtual Learning/Engagement. Participation in virtual or remote learning at a location other than a school building, including engagement in a virtual school, a planned hybrid schedule, or a non-traditional learning day as defined by local policy.

3.17.e. School Approved Activity. Participation in school, county, or state-approved curricular or extracurricular activities.

3.18. System of Support Plan (SOS Plan). A plan to be developed by schools which integrate services using a Multi-Tiered System of Support (MTSS) framework. MTSS frameworks utilize evidence-based strategies to promote students’ academic success, behavioral and mental health, including social and emotional needs, trauma sensitivity, bullying prevention, dropout prevention, and truancy reduction to ensure a school climate and culture that fosters learning and personal-social development. This plan shall include the following tiers and components and additional evidence-based strategies as appropriate.

3.18.a. Universal Prevention. Ensuring positive attendance messaging and campaigns by establishing procedures for:

3.18.a.1. selecting a school-based team or SAT, to support attendance;

3.18.a.2. collecting meaningful and actionable data and determining the protocol for analyzing data;

3.18.a.3. making and documenting meaningful contact with families/guardians/custodians after three and five days of unexcused absences and as needed;

3.18.a.4. implementing school-level motivational strategies based on the needs of the school; and

3.18.a.5. recognition for attendance, including improved attendance.

3.18.b. Targeted Intervention. Process of identifying students with a pattern of excessive absenteeism through school-based student support teams or SAT with an attendance focus. Establish procedures for:

3.18.b.1. determining root causes of the absences to select evidence-based interventions based on need;

3.18.b.2. reviewing interventions to determine effectiveness; and

3.18.b.3. reporting all cases of unexcused absences arising within the school that require the services of an attendance director.

3.18.c. Intensive Interventions. Process of collaborating with outside agencies for interagency case management. truancy diversion, and the judicial system when necessary. Establish procedures for:

3.18.c.1. identifying all agencies and stakeholders to assist students based on need;

3.18.c.2. providing adequate counseling for issues related to attendance.

3.18.c.3. collaborating with truancy diversion and the judicial system when necessary.

3.19. Transfer. A process by which a student ends enrollment or attendance in one location and begins enrollment or attendance in a second location (e.g., within a county, between counties, or out‑of‑state). This process can be evidenced through a transcript request or other documentation that the student is continuing elementary or secondary education.

W. Va. Code R. § 126-81-4 Responsibilities

4.1. The WVBE shall:

4.1.a. encourage daily attendance and mandate that county school systems adequately address the loss of instructional time.

4.1.b. define allowable deductions for purposes of state attendance reports and statistics. Schools shall not be held accountable for absences resulting from allowable deductions. These absences shall not be calculated in the school’s/county’s attendance rate.

4.2. The WVDE shall:

4.2.a. establish a statewide leadership network of regional groups to address attendance;

4.2.b. assist counties with developing an SOS Plan with their schools to address significant loss of instructional time; and

4.2.c. provide attendance-focused professional development and technical assistance to counties.

4.3. Each county board of education shall:

4.3.a. establish an attendance policy. Each county’s attendance policy shall address the following components:

4.3.a.1. a philosophy declaring the county board’s intent to increase attendance by assisting schools with developing and implementing a plan to address attendance which integrates services using a MTSS framework;

4.3.a.2. definitions of compelling circumstances under which students may attend school for fewer than four full years and/or may be scheduled for courses for less than the full instructional day W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510);

4.3.a.3. definitions of extenuating circumstances for absences which may require homebound/ hospital instruction as outlined in Policy 2510; and

4.3.a.4. procedures and reasonable timelines requiring students with Excused and Unexcused Absences to make up schoolwork;

4.3.b. develop a system enlisting parent/guardian/custodian support for daily school attendance by students;

4.3.c. provide opportunities for input from teachers, principals, attendance directors, parents/guardians/custodians, and community leaders when developing or revising the attendance policy;

4.3.d. employ a certified county director of school attendance as required by W. Va. Code §18‑8‑3; and

4.3.e. support and require the county attendance director to implement and execute the duties as defined in W. Va. Code §18-8-4.

4.4. County board of education staff shall:

4.4.a. support schools with creating positive and safe learning environments through engaging, high-quality instruction;

4.4.b. develop a process to notify students and their parents/guardians/custodians of the county attendance policy and their responsibility and accountability for regular school attendance;

4.4.c. ensure accurate attendance records and related documentation shall be maintained for every student enrolled in public school;

4.4.d. ensure all students shall be scheduled in the defined high school coursework, college courses, CTE programs, credit recovery, Option Pathway, experiential learning, or virtual college courses for the full instructional day during grades 9-12 per Policy 2510;

4.4.e. assure that a student may not be suspended solely for failure to attend class;

4.4.f. report student attendance information reflecting the allowable deductions defined by the WVBE;

4.4.g. report all school dropouts to the WVDE; and

4.4.h. ensure that the county attendance policy is posted on the county school system’s website and readily available to the public;

4.5. The attendance director and his or her assistants shall:

4.5.a. devote as much time as is required to the duties of attendance director during the instructional term and at any other times as the duties of an attendance director are required. All attendance directors and his or her assistants hired for more than 200 days may be assigned other duties determined by the superintendent during the period in excess of 200 days. Under the direction of the superintendent, the county attendance director is responsible for efficiently administering school attendance in the county by:

4.5.a.1. ensuring the implementation of the “SOS Plans” within their county, including encouraging the attendance of students and imparting upon the parents, guardians, and custodians the importance of attendance and the seriousness of failing to do so;

4.5.a.2. ensuring accurate attendance records and related documentation shall be maintained for every student enrolled in public school;

4.5.a.3. cooperating with existing state and federal agencies charged with enforcing child labor laws;

4.5.a.4. promoting attendance in the county by compiling data for schools and by furnishing suggestions and recommendations for publication through media or in any manner directed by the superintendent;

4.5.a.5. participating in teachers’ conferences with parents/guardians/custodians and students as appropriate;

4.5.a.6. assisting in other ways as directed by the superintendent to improve school attendance;

4.5.a.7. making home visits of students who have excessive Unexcused Absences or if requested by the chief administrator, principal, or assistant principal;

4.5.a.8. supporting and requiring the principal to implement and execute the duties as defined in W. Va. Code §18-8-5;

4.5.a.9. serving as the liaison for homeless children and youth as defined in W. Va. Code §18‑8-4 and the McKinney-Vento Act. The attendance director shall:

4.5.a.9.A. ensure that public notice of the educational rights of students in homeless situations is disseminated in locations frequented by parents, guardians, and/or custodians of such students;

4.5.a.9.B. ensure that parents/guardians/custodians are informed of educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children;

4.5.a.9.C. ensure that parents/guardians/custodians are informed of, and assisted in accessing, all transportation services for their children, including to the school of origin;

4.5.a.9.D. ensure unaccompanied youth are informed of their status and help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes, and provide the youth with notice of the right to appeal the county’s decision;

4.5.a.9.E. immediately assist in obtaining immunizations or record of immunizations or other medical records for those students who do not have them, and assure that students are enrolled in school while the records are being obtained;

4.5.a.9.F. ensure that homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies;

4.5.a.9.G. ensure that homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools of that county;

4.5.a.9.H. ensure that homeless families, children, and youth receive educational services for which such families, children, and youths are eligible including Head Start and preschool programs administered by the local educational agency, including early intervention services under Public Law 108‑446, Individuals with Disabilities Education Improvement Act of 2004 (IDEA), and referrals to health care services, dental services, mental health services, and other appropriate services; and

4.5.a.9.I. ensure that enrollment disputes are mediated as outlined in the McKinney-Vento Act.

4.6. In addition to those duties directly relating to the administration of attendance, the attendance director and his or her assistant may:

4.6.a. assist schools with establishing data practices for collecting meaningful and actionable data. They may also support the schools in determining the protocol for analyzing data and selecting a school-based team to support attendance;

4.6.b. make complaint against the parent/guardian/custodian before a magistrate of the county in the case of 10 total Unexcused Absences of a student during a school year. If it appears from the complaint that there is a probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one parent/guardian/custodian may be charged in a complaint. Initial service of the summons or warrant issued pursuant to the provisions of W. Va. Code §18-8-4 shall be attempted within 10 calendar days of the receipt of the summons or warrant and subsequent attempts at service shall continue until the summons or warrant is executed or until the end of the school term during which the complaint is made, whichever is later;

4.6.b.1. when calculating Unexcused Absences for the purpose of making complaints against a parent/guardian/custodian before a magistrate, Unexcused Absences resulting from suspensions or expulsions from school shall not be considered;

4.6.c. require a properly attested birth certificate or an affidavit from the parent/ guardian/custodian of the student, stating the age of the student when any doubt exists as to the age of a student absent from school. In the performance of their duties, the attendance director or his or her assistant has authority to take without warrant any student absent from school in violation of W. Va. Code §18-8-4(h) and to place the student in the school in which the student is or should be enrolled; and

4.6.d. require a student maintain satisfactory attendance (satisfactory being defined as no Unexcused Absences) during one complete semester following the restriction of the student’s driver’s license.

4.7. The school shall:

4.7.a. ensure positive and safe learning environments through engaging, high-quality instruction;

4.7.b. select a school-based or SAT team with an attendance focus to meet the requirements of W. Va. Code §18-8-5. This team will determine the practices for collecting actionable data, the protocol for analyzing the data, and reporting the findings to the attendance director or his or her assistants. The report should include:

4.7.b.1. all cases of Unexcused Absences arising within the school that require the services of an attendance director;

4.7.b.2. documentation of meaningful contact after three and five days of Unexcused Absences.

4.7.c. meet with the parent/guardian/custodian of a student who has accumulated five Unexcused Absences from school during any quarter of the school year;

4.7.c.1. a student whose educational services are guided by an existing SAT Plan, IEP, or Section 504 Plan may warrant special consideration when a pattern of single, multiple, or chronic absences exists. The student’s current status should be reviewed by the SAT, IEP team, or Section 504 team as deemed appropriate and in accordance with state and federal laws;

4.7.d. create an SOS Plan for universal prevention and targeted and intensive interventions to address absenteeism at their school, as defined in section 3.18;

4.7.e. ensure accurate attendance records and related documentation shall be maintained for every student enrolled in public school;

4.7.e.1. an up-to-date daily record of attendance for every student shall be maintained;

4.7.e.2. students who are physically absent from school must be documented as absent. This record may become a legal document;

4.7.e.3. there shall be written procedures for:

4.7.e.3.A. notifying parents/guardians/custodians about absences;

4.7.e.3.B. monitoring absences; and

4.7.e.3.C. notifying the attendance director of Unexcused Absences when their services are required;

4.7.e.4. appoint a designated school attendance coordinator (principal or designee) who collects classroom attendance data and makes appropriate referrals to the attendance director.

4.7.f. assure that a student may not be suspended solely for failure to attend class; and

4.7.g. ensure all students shall be scheduled in the defined high school course work, college courses, CTE programs, credit recovery, Option Pathway, experiential learning, or virtual college courses for the full instructional day during grades 9-12 per Policy 2510.

4.7.h. ensure each parent/guardian/custodian is aware of their responsibility for fully cooperating in and completing the enrollment process by providing:

4.7.h.1. immunization documentation (W. Va. Code §16-3-4);

4.7.h.2. copy of a certified birth certificate or affidavit (W. Va. Code §18‑2-5c);

4.7.h.3. signed suspension and expulsion document (W. Va. Code §18-5-15); and

4.7.h.4. any other documents required by federal, state, and/or local policies or code.

W. Va. Code R. § 126-81-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Appendix A: Jaycie’s Law Responsibilities County boards shall make reasonable efforts to encourage school-aged parents to remain on track for graduation.

Provide academic support such as, but not limited to: ● virtual Instruction; and ● homebound Instruction.

The schools shall refer the students to an organization that seeks to provide a range of services to pregnant women and their families.

Please see the suggested definitions of these organizations as defined in W. Va. Code §16‑66‑1.

Provide a list of pregnancy or postpartum assistance organizations within the county and surrounding counties, such as, but not limited to: ● organizations traditionally known as crisis pregnancy organizations; ● maternity homes; ● adoption agencies; and ● social service agencies.

Attendance Guidance Excuse all absences due to pregnancy or parenting-related conditions, including: ● labor; ● delivery recovery; and ● prenatal and postnatal medical appointments.

WVDE will provide guidance on coding these absences.

Provide eight weeks of Excused Absences for the mother for the birth of the child.

A doctor’s excuse must be provided for up to the initial eight weeks.

Absences beyond eight weeks after birth shall require separate excuses.

WVDE will provide guidance on coding these absences.

Provide two weeks of Excused Absences for the putative father within the first ten weeks of the baby’s birth.

WVDE will provide guidance on coding these absences.

Provide an Excused Absence for parenting students whose child is sick.

A doctor’s excuse must identify the child’s illness requiring the parenting student’s absence.

Absences will only be excused for one parent unless the child’s illness requires hospitalization.

WVDE will provide guidance on coding these absences.

Series 082 Provision Of Equal Opportunity In WV Public Schools (4200)

W. Va. Code R. § 126-82-1 General

1.1. Scope. -- The Policy 4200 declares the support of the State Board of Education for the concept of equal educational opportunity to all students and employees or potential employees regardless of their sex, race, color, religion, handicapping condition, age or national origin and its application by county school systems to all curricular areas; textbooks and instructional materials; guidance, counseling and testing; extra-curricular activities; facilities and employment.

1.2. Authority. -- W. Va. Code '18-2-5.

1.3. Filing Date. -- August 27, 1990.

1.4. Effective Date. -- October 4, 1990.

W. Va. Code R. § 126-82-2 Rationale

2.1. The West Virginia Board of Education supports the concept of Equal Educational Opportunity for all students as being essential to education in the public schools of our State.

Continued public attention has been focused on the concept of equal educational opportunity as it applies to female students. This attention has resulted in the passage of legislation by Congress and in dramatic changes in institutions and industries.

Thus, there is a continued need for schools to place a greater emphasis on an area long neglected -- the provision of equal opportunities for females.

2.2. The Congress, in enacting Public Law 92-138, the Educational Amendments of 1972, determined that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance." Other local, state and federal laws provide that students and employees regardless of their race, color, religion, handicapping condition, age or national origin be afforded these same opportunities to make this Policy all emcompassing.

W. Va. Code R. § 126-82-3 Procedures

The West Virginia Board of Education reviews and affirms its commitment to equal opportunity in education and adopts the following policy statements:

3.1. All Curricular Areas - No student is to be denied equal opportunity for participation in any program of the public schools on the basis of sex, race, color, religion, handicapping condition, age or national origin. County boards of education are to provide all students equal access to and equal opportunities for participating in any courses their schools offer. All course offerings must be conducted as being open to both male and female students. For example:

3.1.1. A county school system may not require males to take industrial arts and females to take home economics, or exclude females from industrial arts and males from home economics.

3.1.2. A vocational school may not state that a welding course is open only to males or a cosmetology class is open only to females. All students must have equal opportunity to select and participate in all such classes.

3.2. Textbooks and Other Instructional Materials - State and county textbook committees are to recommend and county boards of education are to select those textbooks and materials which accurately portray in concept, content and illustration, the heritage, roles, contributions, experiences and achievements of both males and females in American and other cultures.

3.3. Guidance, Counseling and Testing - Persons responsible for the guidance, counseling, and testing of students must insure that guidance, counseling and testing techniques do not discriminate on the basis of sex nor on the basis of race, color, religion, handicapping condition, age or national origin. For example:

3.3.1. Scholarship information must be made available to all students on a non-discriminatory basis.

3.3.2. No students may not be arbitrarily tracked into certain courses of study (e.g., males into college preparatory, females into secretarial science).

3.3.3. All students must be given equal access to career information.

3.3.4. Those persons responsible for testing must make efforts to select and use only those standardized tests which attempt to eliminate sex-biased questions and which promote equality in testing materials.

3.4. Extracurricular Activities - Members of both sexes, regardless of their race, color, religion, handicapping condition, age or national origin, must be granted equal access to extracurricular activities. In order to insure equal access for all students in extracurricular activities the following criteria are adopted:

3.4.1. In athletic programs, where selection of participants is based on competitive skill, except for interscholastic football and wrestling, which are considered contact sports in West Virginia, schools must provide separate noncontact sport teams for males and females or a single noncontact sport team open to both sexes.

3.4.2. Schools should conduct annual surveys among students to determine those activities in which students desire to participate, for the purpose of insuring that all students are given equal access to extra-curricular activities.

3.4.3. If separate teams are offered, a school may not discriminate on the basis of sex in providing equipment, supplies, transportation, etc. However, equal aggregate expenditures are not required.

3.4.4. Where in the past, athletic opportunities for female students have been limited, schools must take affirmative action to inform members of that sex of the availability of equal opportunities and provide support and training to enable them to participate.

3.5. Facilities - Generally, all school facilities must be available without discrimination on the basis of sex. However facilities such as locker rooms, toilets and showers for males and females must be comparable. For example:

3.5.1. A school which has one gymnasium must provide for its use by members of both sexes on a non-discriminatory basis, including prime time.

3.5.2. A school which has one track and field facility available for a limited number of hours must provide for its use by members of both sexes on a non-discriminatory basis.

3.6. Employment - Employment policies and practices -- including salaries, hiring, promotion, transfer and fringe benefits of employment must be provided without discrimination on the basis of sex as well as on the basis of race, color, religion, handicapping condition, age or national origin.

126CSR82

Series 086 Standards for School Nutrition (4321.1)

W. Va. Code R. § 126-86-1 General

1.1. Scope. -- This legislative rule establishes and affirms nutrition standards for child nutrition programs.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §§18-2-5, 18-5D-1, 18-5D-2, 18-5D-3, 18-5D-4, 18-5D-5, Healthy, Hunger-Free Kids Act 42 U.S.C. 1779 et seq., W. Va. 126CSR136, West Virginia Board of Education (WVBE) Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202), and W. Va. 126CSR25A, WVBE Policy2422.7, Standards for Basic and Specialized Health Care Procedures (Policy 2422.7).

1.3. Filing Date. -- October 11, 2018.

1.4. Effective Date. -- November 13, 2018.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR86, WVBE Policy 4321.1, Standards for School Nutrition, filed August 10, 2017, and effective January 2, 2018.

W. Va. Code R. § 126-86-2 Purpose

2.1. In West Virginia public schools, federally-funded school nutrition programs are available to provide nutritious food to all students. It is intended that these child nutrition programs remain the main source of foods and beverages available at school. These federal programs have specific requirements to ensure that adequate nutrients are offered to promote health. The Office of Child Nutrition (OCN) is the administering state agency in West Virginia for the United States Department of Agriculture’s (USDA) Child Nutrition Programs. The West Virginia Department of Education (WVDE) will maintain a federal-state agreement with the USDA to operate child nutrition programs, through the OCN. Within the WVDE, the OCN will be tasked with the implementation, oversight, monitoring, provision of technical assistance, and related duties as they pertain to child nutrition programs. WVDE will abide by statutory regulations set forth by USDA and the federal government related to the operation of federally-funded child nutrition programs. In order to preserve high standards of health and wellness for West Virginia students, the OCN will review any federal changes to child nutrition programs and identify areas to maintain or strengthen standards. This policy also provides guidelines and best practices supporting good nutrition and food safety that will help schools take a comprehensive approach toward health and wellness in their school community.

W. Va. Code R. § 126-86-3 Operational Definitions

3.1. Bottled Water or Water. Plain natural water with or without carbonation and containing no additives.

3.2. Beverages and allowable limits. Determined and defined by USDA Smart Snacks guidelines, with the exception of caffeine. Caffeine is prohibited from being sold, served, or distributed in West Virginia public schools.

3.3. Child Nutrition Director. The person responsible for administering, planning, directing, assessing, implementing, and evaluating child nutrition programs in order to meet the nutritional and educational needs of students, as they relate to the child nutrition program; may also be titled as “Food Service Director or School Nutrition Director.

3.4. Competitive Foods. Any food item that is sold in competition to the reimbursable school meal.

3.5. Food Service Area. Any area on school premises where reimbursable meals are served and/or consumed by students.

3.6. School Day. As defined by USDA guidelines, the period from midnight before, to 30 minutes after the end of the official school day.

3.7. School Campus. A collection of buildings and grounds that belong to a given academic institution.

W. Va. Code R. § 126-86-4 Nutrition Standards for Child Nutrition Programs

4.1. Nutrition standards for federally-funded school and child nutrition programs are determined at the federal level. The WVDE is responsible for technical assistance and compliance monitoring related to program implementation at the local level.

W. Va. Code R. § 126-86-5 Nutrition Standards for Competitive Foods and Beverages

5.1. The Smart Snacks in School nutrition standards apply to any foods sold to students during the school day on the school campus, including foods sold as fundraisers. Foods that do not meet these federal standards cannot be sold to students on the school campus during the school day. Standards do not apply during non-school hours, on weekends, and at off school campus fundraising events, though local wellness policies may still apply. These standards apply to foods sold outside the National School Lunch Program (NSLP) and the School Breakfast Program (SBP).

5.2. Food and beverage contracts must comply with W. Va. 126CSR202, WVBE Policy 8200, Purchasing Procedures for Local Educational Agencies.

5.3. Except for foods served in school nutrition programs, no food or beverage shall be sold, served, or distributed to students on elementary school campuses from the time the first child arrives at school until 20 minutes after all students are served lunch.

5.4. Foods and beverages may not be sold, served, or distributed in competition with federal child nutrition programs in school campus food service areas during the meal service periods.

5.5. In addition to caffeine, the sale, service, or distribution of any foods or beverages containing non-nutritive/artificial sweeteners is prohibited.

W. Va. Code R. § 126-86-6 A La Carte Sales

6.1. To operate school-based nutrition programs as efficiently as possible, while maximizing federal reimbursement and minimizing the overall cost to the county, all meals must be priced and served as a unit. Only fluid milk and bottled water may be sold as a la carte items for breakfast and lunch at any grade level.

W. Va. Code R. § 126-86-7 Availability of Drinking Water

7.1. Schools participating in the NSLP must make potable water available to children at no charge where meals are served during the meal service. Schools shall make available water throughout the school day at no charge.

W. Va. Code R. § 126-86-8 Adequate Time for Student Meal Consumption

8.1. Adequate time is necessary for student meal consumption. Each student shall be allowed a minimum of ten minutes for breakfast and 20 minutes for lunch after the student received the meal.

W. Va. Code R. § 126-86-9 Staffing

9.1. School Nutrition Directors are those individuals directly responsible for the management of the day-to-day operations of school food service for all participating schools under the jurisdiction of the school food authority (Local Educational Agency (LEA) participating in school nutrition programs). Requirements for certification include the following:

9.1.a. Initial Temporary Authorization for School Nutrition Director. The applicant for licensure must provide evidence of satisfying the following:

9.1.a.1. Degree. At a minimum, hold a bachelor’s degree and a minimum 2.5 grade point average including six semester hours of coursework related to nutrition, food, and/or food service management or WVDE-approved training as provided by the OCN. The six semester hours or approved training must be completed within 90 days of the start date; and

9.1.a.2. Food Safety Training. The applicant for licensure must provide evidence of at least eight hours of food safety training obtained no more than five years prior to or within 30 days of start date; and

9.1.a.3. Recommendation of the County Superintendent. Receive the recommendation of the county superintendent in the county in which the applicant is employed verifying that the applicant is the most qualified candidate for the position; and

9.1.a.4. Validity Period. The temporary authorization for School Nutrition Director shall be valid for three years.

9.1.b. Renewal of the Temporary Authorization for School Nutrition Director. The applicant for licensure must provide evidence of satisfying the following:

9.1.b.1. Professional Development Activities. Completion of 12 clock hours of job-specific training each year related to child nutrition programs; and

9.1.b.2. USDA Required Food Safety Training. School Nutrition Director must maintain a valid food safety certification while employed in the school meal program.

W. Va. Code R. § 126-86-10 Local Wellness Policy

10.1. Each LEA must establish a local wellness policy for all schools participating in the NSLP and/or SBP under the jurisdiction of the LEA. The local wellness policy is a federal requirement that must include methods to promote student wellness; prevent and reduce childhood obesity; and provide assurance that school meals and other foods and beverages sold and otherwise made available on the school campus during the school day are consistent with applicable federal and state standards. Local wellness policies must include specific goals for nutrition promotion and education, physical activity, and other school-based activities that are designed to promote student wellness; standards and nutrition guidelines for all foods and beverages sold to students on the school campus during the school day that are consistent with federal regulations; standards for all foods and beverages provided, but not sold to students during the school day; policies for food and beverage marketing that allow marketing and advertising of only those foods and beverages that meet federal nutrition standards; and a description of the public involvement, public updates, policy leadership, and evaluation plan. Provisions in the final federal rule regulate that LEAs must establish wellness policy leadership of one or more LEA and/or school official(s) who have the authority and responsibility to ensure each school complies with the policy. Every school or county participating in the NSLP and/or SBP will inform the public about the content and implementation of the local school wellness policy. At a minimum, LEAs must permit participation by the general public and the school community (including parents, students, representatives of the school food authorities, teachers of physical education, school health professionals, the school board, and school administrators) in the wellness policy process. The final rule requires state agencies to assess compliance with the wellness policy requirements as part of the general areas of the administrative review every three years. LEAs must conduct an assessment of the wellness policy every three years, at a minimum. This assessment will determine compliance with the wellness policy, how the wellness policy compares to model wellness policies, and progress made in attaining the goals of the wellness policy. The USDA does not specify the frequency of updates to the local school wellness policy, as the need to update will vary based upon the content and structure of each LEA’s policy.

W. Va. Code R. § 126-86-11 Special Dietary Considerations and Food Allergies

11.1. Special care and consideration must be taken regarding any and all scenarios where students with special dietary needs and food allergies are present.

11.2. Only a parent, guardian, or designee as provided in writing to the school, may deliver outside foods and beverages to their own student at school. This does not apply to food that is provided for a special event inclusive of all students in the class.

11.3. Local wellness policies that are set and maintained at the LEA are a federal requirement. Snacks provided to students during the school day will meet standards set by the county in accordance with their local wellness policies. If the county chooses to allow outside foods to be made available for the general student population, they will communicate with parents/guardians acceptable foods and beverages that meet nutrition and safety standards for classroom snacks and celebrations. Students with special dietary needs and food allergies must be considered at all times when outside foods are provided in a general setting. Schools should operate with the utmost care and caution when allowing outside foods to be provided to students. Counties must use their local wellness policies to identify their plan to accommodate students with special dietary needs and food allergies when choosing to allow outside snacks to be provided. School health teams can serve as resources.

11.4. Students with disabilities who have chronic conditions, including but not limited to asthma, diabetes, gastrointestinal disorders, cardiac disorders, and known food allergies, are eligible for a locally‑developed Individualized Health Care Plan prepared by the certified school nurse; a Section 504 Plan; or an Individualized Education Program inclusive of a Medical Statement for Special Dietary Needs.

11.5. As directed in Policy 2422.7, all public schools are required to report any reactions resulting in the administration of epinephrine injections and administration of naloxone in their county. Other food safety concerns including contaminants such as drugs, chemicals, microorganisms and unknown substances, allergic reactions, medication incidents, etc., shall also be reported. The incidents shall be reported to the West Virginia Poison Center by calling 1‐800‐222‐1222 after emergency medical services has transported the student or staff member to acute care. The notification should include the name of the student, the student’s age and gender, date and the approximate time the incident occurred, symptoms observed, who administered the injection, the name of the school the student attends, a contact telephone number, if appropriate the rationale for administering the injection, the response to the epinephrine administration, the dose of epinephrine administered, and any other necessary elements to provide a complete report for the individual situation. The West Virginia Poison Center will provide the expertise during a potential concern, and will work collaboratively with schools and parents/guardians and provide data upon request to the public schools, LEA, and annually to the State Superintendent of Schools.

W. Va. Code R. § 126-86-12 Accountability and Compliance

12.1. As required by the Healthy and Hunger-Free Kids Act of 2010, the administrative review process in the NSLP and SBP has been established to utilize a unified accountability system designed to ensure that school food authorities offering school meals comply with program requirements. Additionally, this act requires state agencies to publicly disclose a summary of the administrative review results. These elements are expected to strengthen program integrity through a more robust, effective, and transparent process for monitoring school nutrition programs.

W. Va. Code R. § 126-86-13 Feed to Achieve – Innovative Breakfast Delivery Strategies

13.1. Each LEA shall establish and operate school nutrition programs under which, at a minimum, a nutritious breakfast and lunch are made available to all students enrolled in the schools of the county in accordance with WVBE standards. All West Virginia public schools are required to collaborate with the OCN to develop strategies and methods to increase the percentage of students participating in the school breakfast and lunch nutrition programs and to adopt a delivery system approved by the OCN to ensure that all students are given an opportunity to eat breakfast. These approved systems shall include, but are not limited to: Grab-and-Go Breakfasts, Breakfast in the Classroom, or Breakfast After First Period.

13.2. The OCN will maintain and communicate applicable federal and state guidelines regarding best practices in food waste reduction initiatives. Among these initiatives, shared table guidelines will be provided for LEA to successfully implement programs in their schools.

W. Va. Code R. § 126-86-14 Rewards and Penalties

14.1. LEA are prohibited from penalizing students due to unpaid and/or outstanding meal debt. This includes, but is not limited to: denial of meals, prohibition of participating in extracurricular activities, the denial of participation in graduation, and/or the refusal of transcript requests. Students shall not be denied a meal or served an alternative meal as a result of unpaid meal debt. All communication addressing financial matters shall be directed to parents/guardians. Practices, including but not limited to, putting stickers or wristbands on children to remind parents/guardians to pay unpaid fees, are prohibited. Schools are prohibited from identifying or stigmatizing students with meal debt or requiring them to complete chores or work in exchange for meals.

14.2. Food and beverages shall not be offered as a reward and/or used as a means of punishment or disciplinary action for any student during the school day.

W. Va. Code R. § 126-86-15 West Virginia Department of Education Nutrition Advisory Council

15.1. The WVDE Nutrition Advisory Council, comprised of state and local administrators, educators, health professionals, food service personnel, and lay citizens, will remain apprised of current research findings in nutrition and assessing potential implications of findings for program development and implementation.

W. Va. Code R. § 126-86-16 Severability

16.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 092 West Virginia School Transportation Requirements (Policy 4336)

W. Va. Code R. § 126-92-1 General

1.1. Scope. -- This legislative rule establishes requirements for safe school transportation provided by the West Virginia Schools for the Deaf and the Blind (WVSDB), West Virginia Schools of Diversion and Transition (WVSDT), and any other public school district under the supervision of the West Virginia Board of Education (WVBE).

1.2. Authority. -- W. Va. Constitution, Art. XII, §2 and W. Va. Code §18‑2‑5.

1.3. Filing Date. -- July 9, 2025.

1.4. Effective Date. -- August 8, 2025.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR92, Policy 4336, West Virginia School Bus Transportation Regulations, Procedures, and Specifications For The Design And Equipment of School Buses (Policy 4336) filed January 10, 2020, and effective February 10, 2020.

W. Va. Code R. § 126-92-2 Incorporation By Reference

2.1. The West Virginia Minimum School Transportation Procedures Manual is attached to this rule and is incorporated by reference in its entirety.

W. Va. Code R. § 126-92-3 Public School District Requirements

3.1. Public School Districts shall adhere to the West Virginia Minimum School Transportation Procedures Manual and any policies relative to the manual approved by the WVBE.

W. Va. Code R. § 126-92-4 Severability

4.1. If any provision of this policy or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 094 Procedures for the Collection, Maintenance, and Disclosure of Student Data (Policy 4350)

W. Va. Code R. § 126-94-1 General

1.1. Scope. -- This procedural rule sets forth the requirements for the collection, maintenance, and disclosure of student data in West Virginia public schools.

1.1.a. County/Counties. For purposes of this rule, county includes county boards of education, schools and facilities under the supervision of the West Virginia Board of Education (WVBE), and charter public schools.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §18-2-5; Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99); Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §1400); Every Student Succeeds Act (20 U.S.C. §6301, et seq.); National Defense Authorization Act for the Fiscal Year 2002 (Public Law 107-107); and their respective regulations.

1.3. Filing Date. -- May 12, 2022.

1.4. Effective Date. -- June 13, 2022.

1.5. Repeal of Former Rule. -- This procedural rule amends W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data (Policy 4350), filed September 8, 2016, and effective October 11, 2016.

W. Va. Code R. § 126-94-2 Purpose

2.1. The WVBE is committed to protecting the privacy of student data while also ensuring the availability of high-quality information about West Virginia’s public schools to guide and inform local and statewide decision-making. The availability of high-quality information for decision-making is a crucial need, given the WVBE’s responsibility to ensure that a thorough and efficient system of schools is being provided and to improve student, school, and school system performance and progress. The WVBE is committed to ensuring the security of education records and the privacy of student and family information across the state of West Virginia. To fulfill its commitments and meet the information needs of stakeholders, the WVBE establishes standards and procedures to guide agencies and institutions under its general supervision as staff collect and manage information about students. The purpose of these procedures is to establish standards governing the collection, maintenance, disclosure, and final disposition of education data and records and to set forth the conditions governing privacy protections and access rights for parents and students.

W. Va. Code R. § 126-94-43 Definitions

3.1. As used in these procedures:

3.1.a. Attendance. Presence at an educational agency or institution, or participation in curricular, co-curricular, or extracurricular activities, including but not limited to: a) attendance in person, engaging in virtual or remote learning in accordance with county policy, and receiving homebound instruction, and b) the period during which a person is working under a work-study program.

3.1.b. Consent. 1) The parent has been fully informed of the information set out in this document in the parent’s native language or other mode of communication, unless it clearly is not feasible to do so; 2) the parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent sets forth that activity and lists the records (if any) which will be released and to whom; and 3) the parent understands that the granting of consent is voluntary on the part of the parent.

3.1.c. County/Counties. For purposes of this rule, county includes county boards of education, schools and facilities under the supervision of the WVBE, and charter public schools.

3.1.d. Destruction. Purposeful elimination or removal of personal identifiers so that the information is no longer personally identifiable.

3.1.e. Directory information. Includes the following individual student information: student name, address, telephone number, email address, photograph, date and place of birth, major field of study, dates of attendance, grade level, participation in officially recognized activities and sports, weight and height of members of athletic teams, indication of graduate or non-graduate, degrees and awards received, and the most recent previous educational agency or institution attended.

3.1.f. Disciplinary action or proceeding. The investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.

3.1.g. Disclosure. Permitting access or the release, transfer, or other communication of education records of the student or the personally identifiable information contained therein, orally or in writing, or by electronic means, or by any other means to any party.

3.1.h. Educational institution or educational agency or institution. Any public or private agency or institution under the general supervision of the WVBE, or charter public schools authorized pursuant to W. Va. Code §18-2-5 and §18-5G-1, et seq., or W. Va. 126CSR79, Policy 3300, Charter Public Schools.

3.1.i. Education records. Those records that are directly related to a student and are collected, maintained, or disclosed by an educational agency or institution or by a party acting for the agency or institution. The term does not include:

3.1.i.1. Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other individual except a temporary substitute.

3.1.i.2. Records of the law enforcement unit of an educational agency or institution, subject to the provisions of section.

3.1.i.3. Records relating to an individual who is employed by an educational agency or institution that are made and maintained in the normal course of business, relate exclusively to the individual in that individual’s capacity as an employee, and are not available for use for any other purpose. However, records relating to an individual in attendance at the agency or institution who is employed as a result of the individual’s status as a student are education records and are not excepted.

3.1.i.4. Records relating to an eligible student that are:

3.1.i.4.A. created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the individual’s professional or assisting in a paraprofessional capacity;

3.1.i.4.B. created, maintained, or used only in connection with the provision of treatment to the student; and

3.1.i.4.C. disclosed only to individuals providing the treatment (provided that the records can be personally reviewed by a physician or other appropriate professional of the student’s choice). For the purpose of this definition, treatment does not include remedial educational activities or activities that are a part of the program of instruction at the educational agency or institution.

3.1.i.5. Records of an educational agency or institution that contain only information related to a person after that person is no longer a student at the educational agency or institution (e.g., information collected by an educational agency or institution pertaining to the accomplishments of its alumni).

3.1.j. Educational Services Cooperative (ESC). Any agency, institution, or organization providing services to two or more counties pursuant to cooperative agreements established as permitted in W. Va. Code §18-5-13(q) and described in W. Va. Code §18-5-13c.

3.1.k. Eligible student. A student who has attained 18 years of age or is attending an institution of post-secondary education.

3.1.l. Exceptional student. A student having been determined to have an exceptionality in accordance with eligibility criteria under W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419), who receives services under an Individualized Education Program (IEP).

3.1.m. Financial Aid. A payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual’s attendance at an educational agency or institution.

3.1.n. Institution of post-secondary education. An institution that provides education to students beyond the level at which secondary education is provided, as determined under state law.

3.1.o. Parent. A parent, guardian, or other responsible person acting as a parent of a student in the absence of a parent or guardian.

3.1.p. Party. An individual, agency, institution, or organization.

3.1.q. Personally identifiable. Data or information that can be used to identify an individual person either directly or indirectly through linkages with other information including, but not limited to, a) the name of a student, the student’s parent, or other family member, b) the address of the student or student’s family, c) a personal identifier such as the student’s social security number, or student number, d) a list of personal characteristics that would make the student’s identity easily traceable, or e) other information that would make the student’s identity easily traceable.

3.1.r. Record. Any information or data recorded in any medium including, but not limited to handwriting, print, video or audio recording, film, microfilm, microfiche, photographs, computer media, or any other digital file.

3.1.s. Secretary. The Secretary of the United States Department of Education (ED) or an official or employee of the ED acting for the Secretary under a delegation of authority.

3.1.t. Student. Any individual who is or has been in attendance at an educational agency or institution, and regarding whom the educational agency or institution collects, maintains, or discloses educational records.

W. Va. Code R. § 126-94-4 General Responsibilities

4.1. Responsibilities of the WVBE. The WVBE has primary responsibility for defining and assuring the collection of data elements necessary for assessing the quality, efficiency, and efficacy of the state education system. Given this responsibility, the WVBE shall:

4.1.a. establish, maintain, and make publicly available policies concerning the collection, protection, maintenance, and disposition of student data, including:

4.1.a.1. policies protecting student privacy and outlining parent and student rights of access and control;

4.1.a.2. policies setting guidelines for the destruction, archiving, or other final disposition of student data after an appropriate period of time following the student’s graduation or other permanent cessation of enrollment in West Virginia public schools;

4.1.b. monitor compliance with state and federal laws and policies concerning student data privacy and related individual or familial rights;

4.1.c. periodically review elements within the data system to ensure their continued (individual and collective) relevance and comprehensiveness for assessing the quality, efficiency, and efficacy of the state education system and its various programs; and

4.1.d. serve as an advocate for high-quality, timely, accurate, and secure data collection and use.

4.2. Responsibilities of the West Virginia Department of Education (WVDE). The WVDE has a primary leadership role in defining data elements; developing frameworks and procedures for efficient data collection and reporting; monitoring and advising counties in the collection and maintenance of education data; and assuring the WVBE, the West Virginia Governor, the West Virginia Legislature, and the public that education data in the state are accurate, useful, and secure. It is the further responsibility of the WVDE to:

4.2.a. establish, maintain, and make publicly available standards, procedures, and guidance concerning the collection, protection, maintenance, and disposition of student data, including:

4.2.a.1. standards and best practices for quality, accuracy, utility, and security in education data collection and reporting;

4.2.a.2. guidance, plans, and procedures for protecting student data and complying with all relevant state and federal privacy laws and policies, including, but not limited to, FERPA; and

4.2.a.3. procedures and best practices for the destruction, archiving, or other final disposition of student data after an appropriate period of time following the student’s graduation or other permanent cessation of enrollment in West Virginia public schools;

4.2.b. maintain, update, and make publicly available the inventory and dictionary of individual student data elements in the student data system, complete with definitions and reasons for inclusion, including, but not limited to, statutory requirements;

4.2.c. assist the WVBE in the review of elements within the data system to ensure their continued (individual and collective) relevance and comprehensiveness for assessing the quality, efficiency, and efficacy of the state education system and its various programs, and support the addition or exclusion of elements including:

4.2.c.1. releasing for public review reasons for excluding any currently- or historically-collected data elements from future data collections; and

4.2.c.2. releasing for public review and comment any new data elements proposed for inclusion in the student data system, including the purposes and legal authority for inclusion of the new data element;

4.2.d. manage, support, and provide technical assistance for high-quality, timely, accurate, and secure data collection and use throughout the state, including:

4.2.d.1. supporting necessary computer infrastructure for data collection, management, and security, as appropriate given their responsibilities, including:

4.2.d.1.A. providing training and technical support, as needed, to staff responsible for operating data management and reporting systems, to include West Virginia Education Information System (WVEIS) and ZoomWV.

4.2.d.2. developing, maintaining, and supporting appropriate data collection and management systems and tools for use at the local level, including, but not limited to, the WVEIS and associated tools and applications;

4.2.d.3. developing, monitoring, and supporting appropriate data collection processes and protocols to be implemented at the local level, including, but not limited to, certified data collections;

4.2.d.4. providing technical assistance and guidance to counties and schools to ensure that data submitted through WVEIS are accurate, complete, timely, and compliant with relevant laws and regulations;

4.2.d.5. providing technical assistance and guidance to Educational Services Cooperatives (ESCs), as requested, to ensure that data are accurate, complete, and compliant with relevant laws and regulations;

4.2.d.6. implementing and maintaining an appropriate reporting infrastructure for required and ad hoc reports and data requests; and

4.2.d.7. offering outreach, training, and technical assistance to WVDE staff, ESCs, counties, schools, and other entities regarding federal and state requirements respecting the privacy of education records and conditions for disclosure, as well as best practices for data security;

4.2.e. ensure compliance with applicable privacy and security policies and regulations at the state, regional, and local levels through routine monitoring;

4.2.f. ensure that appropriate data are available for different stakeholders to assess the quality, performance, and progress of students and the education system, including:

4.2.f.1. establishing, maintaining, and monitoring implementation of guidelines for granting access to data systems, including WVEIS and education data reporting tools, based on potential users’ informational needs and legitimate educational interest in accessing the data; and

4.2.f.2. maintaining and publishing current and historical reports of information required for assessing and determining state, county, and school performance, progress, and accountability;

4.2.g. pursuant to W. Va. Code §18-2-5h, the Student Data Accessibility, Transparency, and Accountability Act (Student DATA Act), make information about agreements between the WVDE and other state agencies concerning access to student data available to the public, including explanations of:

4.2.g.1. the purposes and uses for such agreements; and

4.2.g.2. how parents may withdraw their consent for their child(ren)’s information to be made available to other state agencies as detailed in the agreements;

4.2.h. develop and implement a detailed plan for managing and maintaining data security within the state’s data system and for responding to privacy or security incidents and breaches; and

4.2.i. report annually to the WVBE, West Virginia Governor, West Virginia Legislature, and public about the state and security of the student data system.

4.3. Responsibilities of Counties and Schools. Counties and schools bear primary responsibility for collecting, recording, and protecting student data. As front-line leaders of data collection, maintenance, and use in the state education system, it is the responsibility of counties and schools to:

4.3.a. designate a staff member within the counties to serve as the data governance point of contact whose responsibilities will include: a) serving as the primary local expert with regard to data privacy and other data governance issues; and b) maintaining regular contact with WVDE to receive training, information, and updates to support data governance and privacy practices within the county;

4.3.b. ensure that staff are familiar with and adhere to all applicable data security and privacy policies including, but not limited to, these procedures, W. Va. 126CSR41, Policy 2460, Educational Purpose and Acceptable Use of Electronic Resources, Technologies and the Internet, the Student DATA Act, FERPA, relevant local policies, and other applicable regulations relating to security and acceptable use of education records and information systems. In accordance with such regulations, counties and schools will, among other activities:

4.3.b.1. ensure that student data are accessible only to authorized parties with a legitimate educational interest, provided that:

4.3.b.1.A. individuals authorized to access student data on behalf of an educational agency or institution for the purpose of data entry or editing must be older than 18 years of age and must not be currently enrolled as a student in any West Virginia pre-k through grade 12 school, including public and non-public education options;

4.3.b.1.B. all parties authorized to access student data on behalf of an educational agency or institution must have a current data access agreement on file in which they have agreed to their responsibilities with respect to protecting privacy and using data appropriately pursuant to the requirements of all applicable federal, state, and local regulations, including these procedures; and

4.3.b.1.C. nothing in this section prevents counties and schools from using appropriate mechanisms to provide parents and eligible students access to review their own or their child(ren)’s individual education records pursuant to these procedures, the Student DATA Act, FERPA, relevant local policies, and other applicable regulations;

4.3.b.2. ensure that appropriately rigorous protocols and procedures are in place to secure both electronic and physical records, including protocols for terminating access for parties who: a) no longer have a legitimate educational interest, b) disclose student data, c) use student data in inappropriate or unauthorized ways, or d) in other ways violate federal, state, and/or local regulations relating to student data access and privacy;

4.3.b.3. provide annual notification of rights, pursuant to section 7;

4.3.b.4. as required by law (sections 17 and 18), obtain consent from parents or eligible students prior to the release of information from students’ education records; and

4.3.b.5. immediately respond to any data privacy or security incidents or breaches and report such incidents to the appropriate authorities, including WVDE staff responsible for data governance, for further response and investigation;

4.3.c. adhere to applicable standards and procedures for data collection and quality assurance and, to the extent possible, implement related best practices as identified by the WVDE, including:

4.3.c.1. ensuring that all required data are entered into WVEIS in a timely and efficient manner and certified or verified in accordance with timelines established by the WVDE;

4.3.c.2. ensuring that all data entered into WVEIS are complete and accurate as of the date of entry; and

4.3.c.3. refraining from the collection or reporting of certain individual student data, as prohibited by the Student DATA Act (W. Va. Code §18-2-5h(d) and (e));

4.3.d. regularly offer and/or encourage staff participation in training, professional development, or informational sessions, including sessions offered by the WVDE, to refresh staff members’ knowledge of policies and best practices concerning data collection, privacy, and security.

W. Va. Code R. § 126-94-5 Parent Rights

5.1. An educational agency or institution shall give full rights to either parent unless the agency or institution has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation or custody, that specifically revokes those rights.

W. Va. Code R. § 126-94-6 Student Rights

6.1. For the purpose of section 6, whenever a student has attained 18 years of age, or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parents transfer to the student.

6.2. This policy does not prevent educational agencies or institutions from giving students rights in addition to those given to parents.

6.3. If an individual is or has been in attendance at one component of an educational agency or institution, that attendance does not give the individual rights as a student in other components of the agency or institution to which the individual has applied for admission, but has never been in attendance.

W. Va. Code R. § 126-94-7 Annual Notification of Rights

7.1. Each educational agency or institution shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under this policy.

7.2. The notice must inform parents or eligible students that they have the right to:

7.2.a. Inspect and review the student’s education records;

7.2.b. Seek amendment of the student’s education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;

7.2.c. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that section 18 authorizes disclosure without consent; and

7.2.d. File with the WVDE or the ED a complaint as described in section 29 concerning alleged failures by the educational agency or institution to comply with the requirements of this policy.

7.3. The notice must include all of the following:

7.3.a. The procedure for exercising the right to inspect and review education records;

7.3.b. The procedure for requesting amendment of records under section 13;

7.3.c. A specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest;

7.3.d. Types of information designated as directory information and procedures in section 25 for refusing to allow information to be so designated; and

7.3.e. The procedure for disclosure of education records without consent to officials of another county and/or school in which the student seeks to enroll.

7.4. An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights.

7.4.a. An educational agency or institution shall effectively notify parents or eligible students who are disabled.

7.4.b. An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English.

7.5. Parents of students with exceptionalities, and eligible students who are exceptional, shall receive notice of rights under IDEA, included in the procedural safeguards notice.

W. Va. Code R. § 126-94-8 Law Enforcement Units

8.1. Law enforcement unit means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution to:

8.1.a. enforce any local, state, or federal law, or refer to appropriate authorities a matter for enforcement of any local, state, or federal law against any individual or organization other than the agency or institution itself; or

8.1.b. maintain the physical security and safety of the agency or institution

8.2. A component of an education agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.

8.3. Records of a law enforcement unit means those records, files, documents, and other materials that are:

8.3.a. created by a law enforcement unit;

8.3.b. created for a law enforcement purpose; and

8.3.c. maintained by the law enforcement unit.

8.4. Records of a law enforcement unit does not mean:

8.4.a. records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or

8.4.b. records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.

8.5. Nothing in this policy prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, state, or federal law.

8.5.a. Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to this policy including the disclosure provisions of section 17 while in the possession of the law enforcement unit.

8.5.b. Disclosure by an educational agency or institution of its law enforcement unit records is neither required nor prohibited by this policy.

W. Va. Code R. § 126-94-9 Right to Inspect and Review Education Records

9.1. Each educational agency or institution and its components shall permit the parent or an eligible student to inspect and review the education records of the student.

9.2. The educational agency or institution shall comply with a request for access to records within a reasonable period of time, but not more than 30 days after it has received the request.

9.3. The educational agency or institution shall respond to reasonable requests for explanations and interpretations of the records.

9.4. When a request is being made regarding records of an exceptional student:

9.4.a. the agency shall comply with section 9.2 and before any meeting regarding an IEP or any hearing relating to the identification, evaluation, or educational placement of the student, or the provision of free appropriate public education to the student;

9.4.b. the right to inspect and review education records of an exceptional student includes the right to have a representative of the parent inspect and review the records; and

9.4.c. the participating agency shall provide parents, upon request, a list of the types and locations of education records collected, maintained, or used by the agency.

9.5. If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student’s education records, the educational agency or institution, or its component, shall:

9.5.a. provide the parent or eligible student with a copy of the records requested; or

9.5.b. make other arrangements for the parent or eligible student to inspect and review the requested records.

9.6. The educational agency or institution, or its component, shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.

9.7. While an educational agency or institution is not required to give an eligible student access to treatment records as defined in section 4.1.h.4., the student may have those records reviewed by a physician or other appropriate professional of the student’s choice.

W. Va. Code R. § 126-94-10 Fees

10.1. An educational agency or institution may charge a fee for copies of educational records, which are made for the parent or eligible student, provided that the fee does not effectively prevent the parent and/or eligible student from exercising the right to inspect and review those records.

10.2. An educational agency or institution may not charge a fee to search for or retrieve the education records of a student.

W. Va. Code R. § 126-94-11 Limitations on Right to Inspect and Review Education Records

11.1. If the education records of a student contain information on more than one student, the parent of the student or the eligible student may inspect and review or be informed of only the specific information about that student.

11.2. A post-secondary institution does not have to permit a student to inspect and review education records that are:

11.2.a. financial records, including any information those records contain, of the student’s parents;

11.2.b. confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and

11.2.c. confidential letters and confidential statements of recommendation placed in the student’s education records after January 1, 1975, if the student has waived their right to inspect and review these letters and statements and the letters and statements are related to the student’s admission to an educational institution, application for employment, or receipt of an honor or honorary recognition. Provided that a waiver is valid only if:

11.2.c.1. the educational agency or institution does not require the waiver as a condition for admission to or receipt of a service or benefit from the agency or institution; and

11.2.c.2. the waiver is made in writing and signed by the student, regardless of age.

11.2.d. If a student has waived their rights under this section, the educational institution shall:

11.2.d.1. give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and

11.2.d.2. use the letters and statements of recommendation only for the purpose for which they were intended.

11.2.e. A waiver under this section may be revoked in writing with respect to any actions occurring after the revocation.

W. Va. Code R. § 126-94-12 Maintenance and Destruction of Education Records

12.1. An educational agency or institution is not precluded from destroying education records, subject to the following exceptions:

12.1.a. the agency or institution may not destroy any education records if there is an outstanding request to inspect and review them under section 9;

12.1.b. explanations placed in the education record under section 14 shall be maintained as long as the record or the contested portion is maintained;

12.1.c. the record of access required under section 20 shall be maintained for as long as the education record to which it pertains is maintained; and

12.1.d. for records collected for students with exceptionalities under Policy 2419: a) the educational agency or institution shall inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child; b) the information must be destroyed at the request of the parents; c) however, a permanent record of a student’s name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

12.2. The following guidelines and requirements apply to the length of time and special consideration for maintaining student records:

12.2.a. directory information may be maintained in perpetuity;

12.2.b. academic grades and attendance records may be maintained in perpetuity;

12.2.c. records to verify implementation of federally funded programs and services and to demonstrate compliance with program requirements must be maintained for five years after the activity is completed;

12.2.d. other personally identifiable data which is no longer needed to provide education services may be destroyed;

12.2.e. parents and eligible students must be informed through public notice of any timelines established by the educational agency or institution for maintenance and destruction of student records; and

12.2.f. files must be maintained in a secured location. Inclusive in securing files, electronic files must be protected through the use of individual user identification and/or passwords. When user identification and/or passwords have been established, individuals are permitted to use only their designated identification and password to gain access to education records.

W. Va. Code R. § 126-94-13 Request to Amend Education Records

13.1. The parent of a student or an eligible student who believes that information contained in the education records of the student is inaccurate, misleading, or violates the privacy rights of the student may request the educational agency or institution to amend the record.

13.2. The educational agency or institution shall decide whether to amend the educational records of the student in accordance with the request within a reasonable period of time after it receives the request.

13.3. If the educational agency or institution decides not to amend the record as requested, it shall inform the parent of the student or the eligible student of the refusal and of the right to a hearing under section 14.

W. Va. Code R. § 126-94-14 Right to a Hearing

14.1. An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of a student’s education records on the grounds that information contained in the education records of the student is inaccurate, misleading, or otherwise in violation of the privacy rights of the student.

14.2. If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall amend the education records of the student accordingly and so inform the parents of the student or the eligible student in writing.

14.3. If, as a result of the hearing, the educational agency or institution decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place in the education records of the student a statement commenting on the contested information in the record and/or stating why they disagree with the decision of the agency or institution.

14.4. Any explanation placed in the education records of the student under section 14.3 shall:

14.4.a. be maintained by the educational agency or institution as part of the education records of the student as long as the record or contested portion thereof is maintained by the agency or institution; and

14.4.b. be disclosed if the education records of the student or the contested portion thereof is disclosed by the educational agency or institution to any party.

W. Va. Code R. § 126-94-15 Conduct of the Hearing

15.1. The hearing required to be held by section 14.1 shall be conducted according to procedures that shall include at least the following elements:

15.1.a. the hearing shall be held within a reasonable period of time after the educational agency or institution has received the request;

15.1.b. the parent of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing;

15.1.c. the hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing;

15.1.d. the parents of the student or the eligible students shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under section 13, and may be assisted or represented by individuals of their choice at their own expense, including an attorney;

15.1.e. the educational agency or institution shall make its decision in writing within a reasonable period of time after the conclusion of the hearing; and

15.1.f. the decision of the educational agency or institution shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reason(s) for the decision.

W. Va. Code R. § 126-94-16 Disclosure of Student Education Records to Certain Parties

16.1. Any and all public reports and/or releases of student data when necessary to fulfill the requirements of state and/or federal laws, rules, and regulations will be presented in aggregate.

16.2. Student education records will never be authorized to be sold. Counties may authorize the release of limited directory information as defined in section 4.1.d for local fundraising efforts such as yearbooks, athletic programs, theater bills, and similar efforts, pursuant to the provisions of section 25.3, et seq., regarding parent and eligible student refusals.

16.3. Student education records, including personally identifiable information, will not be shared with any federal government agency. Pursuant to the requirements of section 23, limited information may be provided to offices in specific situations to comply with federal audits or evaluations of federal- or state­-supported education programs, for the enforcement of or compliance with federal legal requirements which relate to these programs, or to provide for the health/safety needs of students.

16.4. The WVDE may grant research requests for educational purposes, given the following circumstances.

16.4.a. Research is to be conducted in collaboration with WVDE with the understanding that WVDE does not provide authorization for research on behalf of individual counties.

16.4.b. Researchers must complete research proposal applications pursuant to the WVDE’s defined process.

16.4.c. The WVDE Research Review Committee will review all requests and grant approval only if all four of the following criteria are satisfied:

16.4.c.1. the proposed research study meets specific criteria related to scientific merit and feasibility;

16.4.c.2. the proposed research study is research the WVDE would have otherwise conducted itself;

16.4.c.3. appropriate privacy, confidentiality, and security are ensured throughout the proposed research plan; and

16.4.c.4. all necessary legal documentation is signed and in place prior to the start of any work.

16.4.d. All researchers authorized to conduct studies on behalf of the WVDE must sign a comprehensive Data Disclosure Agreement that embodies the relevant conditions, limitations, requirements, and security considerations.

16.4.e. The Data Disclosure Agreement is a legally binding document that authorizes the researcher, as an agent of the WVDE, to conduct research on its behalf and which: a) details the researcher’s responsibilities with respect to protecting the privacy of the students or staff whose information are being provided as part of the study; b) includes a signed Acknowledgement of Confidentiality Requirements for all individuals who will have access to the data provided; c) is an assurance from the researcher that they will not use, reveal, or in any other manner disclose any personally identifiable information furnished, acquired, retrieved, derived, or assembled by themselves or others for any purpose other than those purposes specified in the Research Proposal Application for the research project; and d) is an assurance that the researcher must and will comply with FERPA and these procedures.

16.4.f. The release of student data to researchers outside the agency is considered a loan of data (i.e., the recipients do not have ownership of the data).

16.4.g. Researchers are required to validate destruction of the data through the submission of the WVDE Data Destruction Assurance Form once the research is completed as part of their signed legal agreements.

16.5. Pursuant to FERPA, personally identifiable information about students may be released only to entities authorized by the WVDE, West Virginia Higher Education Policy Commission (HEPC), ESCs, counties, or schools to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction with the proper legal documentation in place, including contracts, memoranda of understanding, and statements of nondisclosure and confidentiality.

16.6. Contractors, consultants, and partnering entities will never be authorized to sell or share student information.

16.7. Contractors, consultants, and partnering entities will only be provided with student information pursuant to their specific contracts, memoranda of understanding, and statements of nondisclosure and confidentiality as determined by the purpose for which the WVDE, ESCs, counties, or schools have contracted their services.

16.8. Contracts, memoranda of understanding, and statements of nondisclosure and confidentiality must require compliance with FERPA and this policy, thereby prohibiting sale, redisclosure, or alternate use of the student information.

W. Va. Code R. § 126-94-17 Prior Consent for Disclosure Required

17.1. An educational agency or institution shall obtain written consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of a student, other than directory information, except as provided in section 18.

17.2. Whenever written consent is required, an educational agency or institution may presume that the parent of the student or the eligible student giving consent has the authority to do so unless the agency or institution has been provided with evidence that there is a legally binding instrument or a court order governing such matters as divorce, separation, or custody, which provides to the contrary.

17.3. The written consent required by section 17.1 must be signed and dated by the parent of the student or the eligible student giving the consent and shall include:

17.3.a. a specification of the records to be disclosed;

17.3.b. the purpose of the disclosure; and

17.3.c. the party or class of parties to whom the disclosure may be made.

17.4. If a parent or eligible student so requests, the educational agency or institution shall provide a copy of the records disclosed.

17.5. If the parent of a student who is not an eligible student so requests, the educational agency or institution shall provide the student with a copy of the records disclosed.

W. Va. Code R. § 126-94-18 Prior Consent for Disclosure Not Required

18.1. An educational agency or institution may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student if the disclosure is:

18.1.a. to other school officials, including teachers, within the educational agency or institution who have been determined by the agency or institution to have legitimate educational interest; and

18.1.b. to officials of another school or school system, or institution of post-secondary education, in which the student seeks or intends to enroll, subject to the requirements of section 22.

18.1.c. Subject to the conditions set forth in section 23, to authorized representatives of:

18.1.c.1. the Comptroller General of the United States;

18.1.c.2. the Secretary; or

18.1.c.3. state and local educational authorities.

18.1.d. In connection with financial aid for which a student has applied or which a student has received; provided, that personally identifiable information from the education records of the student may be disclosed only as may be necessary for such purposes as:

18.1.d.1. to determine the eligibility of the student for financial aid;

18.1.d.2. to determine the amount of the financial aid;

18.1.d.3. to determine the conditions which will be imposed regarding the financial aid; and

18.1.d.4. to enforce the terms or conditions of the financial aid.

18.1.e. To state and local officials or authorities to whom this information is specifically:

18.1.e.1. allowed to be reported or disclosed pursuant to state statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system’s ability to effectively serve the student whose records are released; or

18.1.e.2. allowed to be reported or disclosed pursuant to state statute adopted after November 19, 1974, subject to the requirements of section 26.

18.1.f. To organizations conducting studies for, or on behalf of, educational agencies or institutions as described in section 16 for the purpose of: a) developing, validating or administering predictive tests; b) administering student aid programs; or c) improving instruction; provided, that the studies are conducted in a manner that will not permit the personal identification of students and their parents by individuals other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted; the term organizations includes, but is not limited to federal, state, and local agencies, and independent organizations.

18.1.g. To accrediting organizations in order to carry out their accrediting functions.

18.1.h. To parents of a dependent student.

18.1.i. To comply with a judicial order or lawfully issued subpoena; provided, that the educational agency or institution makes a reasonable effort to notify the parent of the student or the eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action; unless the disclosure is in compliance with:

18.1.i.1. a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

18.1.i.2. any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or

18.1.i.3. a judicial order or subpoena issued in a court proceeding involving child abuse and neglect or dependency matters in which the parent of the student is a party.

18.1.i.4. If the educational agency or institution initiates legal action against a parent or student and has complied with section 18.1.i, it may disclose education records that are relevant to the action to the court without a court order or subpoena.

18.1.j. To appropriate parties in health or safety emergency subject to the conditions set forth in section 24.

18.1.k. To an agency caseworker or other representative of a state or local child welfare agency who has the right to access a student’s case plan when such agency or organization is legally responsible in accordance with state law for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student’s education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the state laws and regulations applicable to protecting the confidentiality of a student’s education records.

18.1.l. The disclosure is information the educational agency or institution has designated as directory information.

18.1.m. The disclosure is to the parent of a student who is not an eligible student or to the student.

18.1.n. The disclosure is to an alleged victim of any crime of violence, as that term is defined in 18 U.S.C. §16, of the results of any disciplinary proceeding conducted by an institution of post‑secondary education against the alleged perpetrator of that crime with respect to that crime.

18.2. This section does not forbid an educational agency or institution to disclose, nor does it require an educational agency or institution to disclose, personally identifiable information from the education records of a student to any parties under this section, with the exception that parents of a student who is not an eligible student and the student must have access.

18.3. For records of special education students, each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may access personally identifiable information.

W. Va. Code R. § 126-94-19 Disciplinary Information

19.1. If a student transfers to another school in the state, the principal of the school from which the student transfers shall provide an official record of any disciplinary action taken against the student to the principal of the school to which the student transfers, (W. Va. Code §18A-5-1a) subject to requirements of section 22.

19.2. The educational agency includes in the records of a student with a disability under Policy 2419 a statement of any current or previous disciplinary action that has been taken against the student and transmits the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of non-disabled students.

19.2.a. The statement may include a description of any behavior engaged in by the student that required disciplinary action, a description of the disciplinary action taken, and any other information related to the safety of the student and other individuals involved with the student.

19.2.b. If the student transfers from one school to another, the transmission of any of the student’s records must include both the student’s current IEP and any statement of current or previous disciplinary action that has been taken against the student.

19.3. A public agency reporting a crime committed by a student with a disability under Policy 2419 shall ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom it reports the crime, but only to the extent permitted by this policy’s provisions regarding disclosure of education records.

W. Va. Code R. § 126-94-20 Record of Disclosure Required to be Maintained

20.1. An educational agency or institution shall, for each request for access to and each disclosure of personally identifiable information from the education records of a student, maintain a record kept with the education records of the student that indicates:

20.1.a. the parties who have requested or obtained personally identifiable information from the education records of the student;

20.1.b. the date access was given; and

20.1.c. the legitimate interest these parties had in requesting or obtaining the information.

20.2. If an educational agency or institution discloses information with the understanding that the party receiving the information may make further disclosures, the record of disclosure must include the names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution and the legitimate educational interests each of the additional parties has in requesting the information.

20.3. Section 20.1 does not apply to: a) disclosures to a parent of a student or an eligible student, b) disclosures pursuant to the written consent of a parent of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made, c) disclosures to school officials, d) disclosures of directory information, or e) disclosures to a party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

20.4. The record of disclosures may be inspected:

20.4.a. by the parent of the student or the eligible student;

20.4.b. by the school official and their assistants who are responsible for the custody of the records; and

20.4.c. for the purpose of auditing the record keeping procedures of the educational agency or institution by the parties authorized in and under the conditions set forth in sections 18.1.a. and 18.1.c.

W. Va. Code R. § 126-94-21 Limitation on Redisclosure

21.1. An educational agency or institution may disclose personally identifiable information from the education records of a student only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that:

21.1.a. the personally identifiable information which is disclosed to an institution, agency or organization may be used by its officers, employees and agents, but only for the purposes for which the disclosure was made.

21.1.b. an educational agency or institution may disclose personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if the parties meet the requirements of section 18 and required records of disclosure under section 20.

21.2. Section 21.1 does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas, to disclosures of directory information, or to disclosures to a parent or student. Except for these disclosures, an educational agency or institution shall inform a party to whom disclosure is made of the requirements of this section.

21.3. If the WVDE or the ED’s Student Privacy Policy Office determines that a third party improperly rediscloses personally identifiable information from education records, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years.

21.4. Researchers, contractors, and other parties who violate the terms of the contracts, memoranda of understanding, and/or statements of nondisclosure and confidentiality with respect to the redisclosure or sale of student education records, including personally identifiable information, will be subject to legal action.

W. Va. Code R. § 126-94-22 Conditions for Disclosure to Officials of Other Schools and School Systems

22.1. An educational agency or institution transferring the education records of a student to officials of another school, school system or institution of post-secondary education where the student seeks to enroll shall:

22.1.a. make a reasonable attempt to notify the parent of the student or the eligible student of the transfer of the records at the last known address of the parent or eligible student, unless:

22.1.a.1. the transfer of records is initiated by the parent or eligible student at the sending agency or institution, or

22.1.a.2. the agency or institution includes in its annual notice that it forwards education records on request to other agencies or institutions in which a student seeks or intends to enroll;

22.1.b. provide the parent of the student or the eligible student, upon request, a copy of the record that was transferred; and

22.1.c. provide the parent of the student or the eligible student, upon request, an opportunity for a hearing under these procedures.

22.2. If a student is enrolled in more than one school, or receives services from more than one school, the schools may disclose information from the education records of the student to each other without obtaining the written consent of the parent of the student or the eligible student; provided, that the disclosure meets the requirements of section 22.1.

W. Va. Code R. § 126-94-23 Disclosure to Certain Federal and State Officials for Federal Program Purposes

23.1. The Comptroller General, Secretary, or state and local educational authorities may have access to education records in connection with the audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements which relate to these programs.

23.2. Except when written consent of the parent of a student or an eligible student has been obtained for disclosure, or when the collection of personally identifiable information is specifically authorized by federal or state law, any information collected under section 23.1 shall be protected in a manner that does not permit the personal identification of students and their parents by other than those officials, and personally identifiable data shall be destroyed when no longer needed for such audits, evaluation, or enforcement of or compliance with federal and state legal requirements.

W. Va. Code R. § 126-94-24 Conditions for Disclosure in Health and Safety Emergencies

24.1. An educational agency or institution may disclose personally identifiable information from the education records of a student to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

24.2. The factors to be taken into account in determining whether personally identifiable information from the education records of a student may be disclosed under this section shall include the following:

24.2.a. the seriousness of the threat to the health or safety of the student or other individuals;

24.2.b. the need for the information to respond to the emergency;

24.2.c. whether the parties to whom the information is disclosed are in a position to address the emergency; and

24.2.d. the extent to which time is of the essence in addressing the emergency.

24.3. Nothing in this policy shall prevent an educational agency or institution from:

24.3.a. including in the educational records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well‑being of that student, other students, or other members of the school community;

24.3.b. disclosing appropriate information maintained under section 24.3.a. to teachers and school officials within the agency or institution who the agency or institution has determined have legitimate educational interests in the behavior of the student; or

24.3.c. disclosing appropriate information maintained under section 24.3.a. to teachers and school officials in other schools who have been determined to have legitimate educational interests in behavior of the student.

24.4. Sections 24.1 and 24.3 shall be strictly construed.

W. Va. Code R. § 126-94-25 Conditions for Disclosure of Directory Information

25.1. An educational agency or institution may disclose personally identifiable information from the education records of a student who is in attendance at the institution or agency if it has given notice that information has been designated as directory information.

25.2. An educational agency or institution may disclose directory information from the educational records of an individual who is no longer in attendance at the agency or institution without following the procedures under section 25.3.

25.3. In order to designate directory information, an educational agency or institution shall give public notice of the following:

25.3.a. the categories of personally identifiable information the institution has designated as directory information;

25.3.b. the right of the parent of the student or the eligible student to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information, including the right of the parent to refuse to permit the designation of names, addresses, and telephone numbers of their children as directory information for purposes of providing the information to military recruiters as set forth in section 32; and

25.3.c. the period of time within which the parent of the student or the eligible student must inform the agency or institution in writing that such personally identifiable information is not to be designated as directory information with respect to that student.

25.4. All county boards of education shall, at a minimum, establish that the names, addresses, and telephone numbers of secondary school students are designated as directory information for the purposes of providing the information to military recruiters as set forth in section 32. Further all county boards of education shall, at a minimum, establish that a student’s name, address, grade level, date of birth, and photograph be designated and maintained as directory information for each student.

25.5. Once the county board of education establishes directory information, it shall provide access to established directory information to any person or group which makes students aware of educational, occupational, and career opportunities available in the armed services.

25.6. The county board of education may provide access to established directory information to other persons or groups as determined by board action.

W. Va. Code R. § 126-94-26 Juvenile Justice System

26.1. If reporting or disclosure allowed by state statute concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are released, an educational agency or institution may disclose education records under section 18.1.e.

26.2. The officials and authorities to whom the records are disclosed shall certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the student.

W. Va. Code R. § 126-94-27 Safeguards for Students with Exceptionalities, Information Collected under Policy 2419

27.1. Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

27.2. One official at each participating agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information collected under Policy 2419 and IDEA.

27.3. All persons collecting or using personally identifiable information must receive training or instruction regarding the state’s policies and procedures under this policy and Policy 2419.

27.4. Each participating agency shall maintain for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information of identified special education students.

27.5. A complaint may be filed with the WVDE office charged with overseeing and administering special education programs if it is alleged that the confidentiality of personally identifiable information regarding a student with an exceptionality in accordance with the requirements of this policy and Policy 2419 has been violated. This is in addition to the right to file a complaint with appropriate officials at the WVDE and/or the ED, as described in section 28.

W. Va. Code R. § 126-94-28 Enforcement Authority

28.1. The State Superintendent of Schools designates WVDE staff responsible for data governance activities to:

28.1.a. provide guidance and technical assistance to all educational agencies and institutions in the state to ensure understanding and compliance with applicable state and federal privacy regulations and guidance, to include this policy; the Student DATA Act; WVDE’s Data Access and Management Guidance; FERPA; and other applicable regulations;

28.1.b. provide regular training to key staff at educational agencies and institutions within the state to ensure understanding of data privacy requirements and responsibilities under applicable state and federal regulations;

28.1.c. act as the primary review entity in the state to monitor and enforce privacy regulations with respect to all programs for which the WVDE has administrative responsibility, including conducting routine audits to ensure ongoing compliance with laws and regulations and state security policies and procedures as required by the Student DATA Act;

28.1.d. investigate, process, and review complaints and violations related to student data privacy under this policy and other applicable laws and regulations;

28.1.d.1. as warranted by investigations or reviews conducted in accordance with these procedures, and as deemed appropriate by the state superintendent of schools or designee, refer allegations of FERPA violations to the ED’s Student Privacy Policy Office for federal review; and

28.1.e. prepare such reports and publications as may be necessary and expedient to monitor and ensure compliance with applicable laws regarding student data collection, management, maintenance, and disclosure.

28.2. WVDE staff may require educational agencies or institutions to submit reports or other evidence containing information necessary to resolve complaints of privacy violations under applicable laws and regulations.

28.3. For issues relating to compliance with federal laws and regulations, the Secretary designates:

28.3.a. the ED’s Student Privacy Policy Office to provide technical assistance to ensure compliance with FERPA and applicable federal regulations and to investigate and review complaints and violation under FERPA; and

28.3.b. the ED’s Office of Administrative Law Judges to act as the Review Board required under FERPA to enforce it with respect to all applicable programs as defined in the General Education Provisions Act, 20 U.S.C. §1221(c).

28.4. The ED’s Student Privacy Policy Office may require an educational agency or institution to submit reports containing information necessary to resolve complaints under FERPA and applicable federal regulations.

28.4.a. Such reports may be in addition to information requested by WVDE personnel for investigating complaints at the state level.

W. Va. Code R. § 126-94-29 Complaint Procedure

29.1. A parent, eligible student, or school official may file a complaint with the WVDE regarding an alleged violation under applicable privacy regulations. Complaints may be submitted via email to ZoomWV@help.k12.wv.us or mailed to WVDE Student Privacy Team, 1900 Kanawha Boulevard East, Building 6, Charleston, WV 25305-0330.

29.2. A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of applicable regulations has occurred. The complaint shall be submitted on the prescribed form and signed by the person making the complaint. Complaint forms may be found on the WVDE’s website.

29.3. WVDE personnel will investigate each timely complaint to determine whether the educational agency or institution, contractor, researcher, or other party has failed to comply with applicable privacy regulations.

29.3.a. A timely complaint is defined as an allegation of a violation of applicable student data privacy regulations that is submitted to the WVDE within 180 days of the alleged violation or the date that the complainant knew or reasonably should have known of the alleged violation.

29.3.b. This time limit may be extended if the complainant shows that the complainant was prevented by circumstances beyond the complainant’s control from submitting the matter within the time limit, or for other reasons considered sufficient by the WVDE staff responsible for data governance.

29.4. If a complaint does not meet the requirements of section 29.2 or 29.3, the WVDE will notify the complainant that no investigation will be initiated.

29.4.a. If appropriate, a complainant may be referred to other avenues of relief more suitable to their stated concerns, such as the citizens’ conflict resolution process (W. Va. 126CSR188, Policy 7211, Conflict Resolution Process for Citizens) or the system for resolving disputes related to the implementation of state and federal special education laws and regulations (as described in Policy 2419).

29.5. If a complaint is determined to have merit, the WVDE staff will begin an investigation and shall notify the complainant and the educational agency or institution, contractor, researcher, or other party suspected to be in violation, accordingly. Notices will:

29.5.a. include the substance and key facts of the alleged violation;

29.5.b. request a response from the educational agency or institution, contractor, researcher, or other party via telephone or web-enabled conference, email, or formal letter, dependent on the severity of the allegation; and

29.5.c. insofar as possible, respect the confidentiality of the complainant.

29.6. WVDE personnel, as appropriate, will review all available evidence pertaining to the allegation, including the complaint and the response, and may request additional information or evidence from the parties.

29.7. Following the investigation, WVDE staff will provide to the complainant and the respondent a written notification of the findings and the relevant evidence forming the basis for the findings. Telephone, email, or web-enabled conference notification may also accompany notifications to respondents, as appropriate.

29.8. If the WVDE personnel reviewing the complaint find that the educational agency or institution, contractor, researcher, or other party did not comply with applicable regulations, the notice under section 29.7 will:

29.8.a. include specific instructions that will enable the party to comply;

29.8.b. offer specific training, coaching, resources, and other technical assistance from the WVDE to support compliance;

29.8.c. provide a reasonable period of time, given all the circumstances of the situation, during which the party may work toward voluntary compliance; and

29.8.d. establish interim dates within the period of time established under section 29.8.c. for reporting and verifying progress toward voluntary compliance.

29.9. If the WVDE personnel reviewing the complaint find that the educational agency or institution, contractor, researcher, or other party has willfully disregarded or exhibited a pattern of noncompliance with FERPA or other applicable federal regulations, the WVDE may refer the issue to the ED’s Student Privacy Policy Office for investigation and enforcement.

29.10. A parent or eligible student may also file a written complaint with the ED’s Student Privacy Policy Office regarding an alleged violation under FERPA and applicable federal regulations. Complaint forms may be obtained online at https://studentprivacy.ed.gov/file-a-complaint. Completed forms should be emailed to FERPA.Complaints@ed.gov or mailed to U.S Department of Education, Student Privacy Policy Office, 400 Maryland Avenue, SW, Washington, D.C. 20202-8520.

29.11. A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA or applicable federal regulations has occurred.

29.12. All resultant reviews or investigations, notifications of findings, and instructions for remedying noncompliance will adhere to the standard procedures and practices of the ED’s Student Privacy Policy Office, as established by FERPA.

W. Va. Code R. § 126-94-30 Enforcement Procedures

30.1. If an educational agency or institution, contractor, researcher, or other party fully complies during the period of time established under section 29.8.c, WVDE staff responsible for data governance will provide a notice of compliance after reports and/or verification of voluntary compliance have been confirmed by WVDE personnel.

30.2. If an educational agency or institution, contractor, researcher, or other party does not comply during the period of time established under section 29.8.c, the WVDE, may, in accordance with state laws and policies:

30.2.a. file a report with the WVDE Office of Accountability detailing an educational agency or institution’s failure to comply with mandatory privacy regulations and recommending that the WVBE or other relevant agencies consider such failure in reviews of the agency or institution’s performance;

30.2.b. include an indicator on school performance score cards designating noncompliance with privacy regulations for the year in which the violation(s) occurred and until the agency brings itself into compliance

30.2.c. seek legal action against contractors, researchers, or other parties found to be in violation of contract provisions, or nondisclosure and confidentiality agreements;

30.2.d. refer the issue to the State Superintendent of Schools for consideration of potential action against a teaching license for egregious or repeated violations; and/or

30.2.e. refer the issue to the ED’s Student Privacy Policy Office, as applicable, for investigation and enforcement.

30.3. If the ED’s Student Privacy Policy Office determines that an educational agency or institution has failed to comply with FERPA and/or other applicable federal regulations, failure to comply voluntarily in a timely manner may result in repercussions from the Secretary, in accordance with the General Education Provisions Act, 20 U.S.C. §1234:

30.3.a. withholding further payments under any applicable program;

30.3.b. issuance of a complaint to compel compliance through a cease and desist order; or

30.3.c. termination of eligibility to receive funding under any applicable program.

W. Va. Code R. § 126-94-31 Collection and Use of Student Social Security Numbers

31.1. A social security number is personally identifiable information and, therefore, its use must comply with the provisions of this policy, FERPA, and W. Va. Code §18-2-5f.

31.1.a. No public or private elementary or secondary school shall display any student’s social security number for identification purposes on class rosters or other lists provided to teachers, on student identification cards, in student directories or other listings, on public postings or listings of grades, or for any other public identification purpose unless specifically authorized or required by law.

31.1.a.1. Compliance will be required of Exemption B private, parochial, or other approved schools for county board of education approval, W. Va. Code §18-8-1(b).

31.1.b. The student social security number may be used for internal record keeping purposes or studies.

31.1.c. The student social security number or alternative number is required for enrollment or attendance in public schools.

31.1.c.1. Pursuant to W. Va. Code §18-2-5f the county board of education must request from the parent the social security number of each child who is currently enrolled in the county.

31.1.c.2. The county must inform the parent that, if they decline to provide the student social security number, the county will assign the student an alternate nine digit number as designated by the WVBE.

31.1.d. For any student who is attending a public school and for whom a social security number has not been provided, the county shall make a request annually to the parent to furnish the social security number.

W. Va. Code R. § 126-94-32 Release of List of High School Students to Military Recruiters

32.1. Pursuant to federal law, 20 U.S.C. §7908, Armed Forces Recruiter Access to Student sand Student Recruiting Information, and 10 U.S.C. §503, Enlistments: Recruiting Campaigns; Compilation of Directory Information, all counties are required to provide military recruiters, upon request, with the names, addresses, and telephone numbers of secondary school students unless the parents have advised the county that they do not want their students’ information disclosed without prior written consent as set forth in section 25.

32.2. Each county board of education shall provide military recruiters the same access to secondary school students as is provided generally to post-secondary educational institutions or to prospective employers of those students.

W. Va. Code R. § 126-94-33 Severability

33.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 096 High School Diploma for Veterans

W. Va. Code R. § 126-96-1 General

1.1. Scope. -- This legislative rule establishes the procedures and regulations for providing a high school diploma to surviving veterans of World War II, the Korean War, and the Vietnam Conflict.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §18-2-5 and §18-2-34.

1.3. Filing Date. -- March 10, 2016.

1.4. Effective Date. -- April 11, 2016.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR96, West Virginia Board of Education Policy 4355, High School Diploma for Veterans, filed August 9, 2012, and effective September 10, 2012.

W. Va. Code R. § 126-96-2 Applicability

2.1. W. Va. Code §18-2-34 requires the state board to promulgate rules for the identification of eligible veterans and for the awarding of high school diplomas to those veterans who served in World War II, the Korean War, and the Vietnam Conflict but who did not graduate from high school.

2.2. This policy, High School Diploma for Veterans, prescribes the procedures for identifying veterans eligible to obtain a high school diploma and for the awarding of the high school diploma. The policy also provides for the application process for said diploma and specifies the credentials required to receive the high school diploma.

W. Va. Code R. § 126-96-3 Definitions

3.1. A World War II veteran means any veteran who performed wartime service between September 16, 1940 and December 31, 1946.

3.2. A Korean War veteran means any veteran who performed military service between June 27, 1950 and January 31, 1955.

3.3. A Vietnam Conflict veteran means any veteran who performed military service between February 28, 1961 and May 7, 1975.

W. Va. Code R. § 126-96-4 Administration

4.1. The West Virginia Board of Education and the West Virginia Veterans’ Council shall jointly administer the program for the High School Diploma for Veterans.

W. Va. Code R. § 126-96-5 Application

5.1. The West Virginia Department of Veterans Assistance will notify veterans of World War II, the Korean War, and the Vietnam Conflict of the availability of the diploma for veterans. This notification will include the application form to receive such diploma, as designed by the West Virginia Board of Education and the West Virginia Department of Veterans Assistance.

5.1.a. This application form shall include:

5.1.a.1. veteran’s military service and personal information;

5.1.a.2. school information including the name of the last school attended and the county in which located, the year left school, and the year that would have been the graduation year;

5.1.a.3. the veteran’s preference to receive the diploma from the county of current residence or the county the veteran left for service.

5.1.b. The veteran will return the completed application form to Secretary of the West Virginia Department of Veterans Assistance. Upon verifying the application, the Secretary of the West Virginia Department of Veterans Assistance will forward the application to the West Virginia Department of Education for processing.

5.1.c. West Virginia Department of Education staff will notify the appropriate county of the veteran’s preference to receive the diploma from the county of current residence or the county the veteran left for service.

W. Va. Code R. § 126-96-6 Awarding of the High School Diploma

6.1. Awarding counties are to partner with a local Veterans Assistance Office or other veterans’ organization to provide appropriate ceremonies for veterans receiving this diploma. These ceremonies may be held as part of the county’s high school graduation ceremony or as a separate ceremony.

6.2. The diploma to be awarded to veterans through this program is the awarding county’s standard diploma.

W. Va. Code R. § 126-96-7 Severability

7.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Series 099 Expected Behavior in Safe and Supportive Schools (Policy 4373)

W. Va. Code R. § 126-99-1 General

1.1. Scope. -- This legislative rule sets the requirements for the development of safe and supportive schools that provide optimal learning conditions for both students and staff. Safety and order are the foundation of a positive school climate/culture that supports student academic achievement and personal-social development. This rule also establishes disciplinary guidelines for student conduct in West Virginia schools in order to assure an orderly, safe, drug-free, violence-free, and harassment-free learning environment.

1.1.a. County/Counties. -- For purposes of this rule, county includes county boards of education and schools and facilities under the supervision of the West Virginia Board of Education (WVBE).

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§16-9A-4, 16-9A-9, 18-2-5, 18-2-7b, 18-2-9, 18-2C-1, 18-2C-2, 18-2C-3, 18-2-41 18-5A-2, 18-8-8, 18-16-1, 18A-1-1, 18A-5-1, 18A-5-1a, 18-9F-9, 18-9F-1, et seq., 49-2-803(a-b), 49-4-701, 60A-1-101, 61-2-15, 61-3-13, 61-7-2, 61‑7‑11a, 20 U.S.C. §1400 et seq., and 20 U.S.C. §6301 et seq.

1.3. Filing Date. -- June 12, 2024.

1.4. Effective Date. -- July 15, 2024.

1.5. Repeal of Former Rule. -- This rule amends W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), filed March 14, 2019, and effective July 1, 2019.

W. Va. Code R. § 126-99-2 Purpose

2.1. The WVBE recognizes the need for students, teachers, administrators, and other school personnel to have a safe and supportive educational environment. Public schools should undertake proactive, preventive approaches which integrate services using a Multi-Tiered System of Supports (MTSS) framework. MTSS frameworks utilize evidence-based strategies to promote students’ academic success, behavioral and mental health, including social and emotional needs, trauma sensitivity, bullying prevention, dropout prevention, and truancy reduction to ensure a positive school climate and culture that fosters learning and personal-social development. This rule requires county boards of education to design and implement procedures to create and support continuous school climate and culture improvement processes within all schools that will ensure an orderly and safe environment that is conducive to learning for all.

W. Va. Code R. § 126-99-3 Incorporation by Reference

3.1. The West Virginia Manual for Expected Behavior in Safe and Supportive Schools is attached and incorporated by reference into this rule. Copies may be obtained from the Office of the Secretary of State and from the West Virginia Department of Education (WVDE).

W. Va. Code R. § 126-99-4 Application

4.1. The expectations outlined in this policy in public schools in West Virginia during any education‑sponsored event, at any location. Such locations may include, but are not limited to classrooms, other areas on school premises, school buses or other vehicles used for school-related events, or at any school-sponsored activity or event, whether or not it is held on school premises, in a building or other property used or operated by a county board of education, WVDE, WVBE, or in another facility or upon any other property being used by any of these agencies. These expectations apply to students, staff, and public guests respectively as noted within the policy. School staff will be subject to disciplinary and licensure action in accordance with W. Va. Code §§18-17-8, 18A‑3‑2a, 18A-3-3, and 18A‑3‑6.

W. Va. Code R. § 126-99-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

WEST VIRGINIA MANUAL FOR

EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

TABLE OF CONTENTS

Introduction 5

Chapter 1: STUDENT PROTECTIONS 6

Section 1. Student Inquiry and Expression 6

Section 2. Non-curriculum Related Student Groups 6

Section 3. Protection from Unreasonable Searches and Seizures and Self-incrimination 6

Section 4. Child Abuse and Neglect Prevention 7

Section 5. Age-appropriate Body Safety Information………………………………………………………………… 8

Section 6. Preventing Child Sexual Abuse ……………………………….…………………………………………………………… 8

Section 7. Eating Disorders and Self Harm Information………………………………………………………………… 9

Section 8. Preventing Eating Disorders and Self Harm…………….…………………………………………………… 9

Section 9. Dress Codes Requiring School Uniforms for Students…………………………………………………… 9

Chapter 2: INAPPROPRIATE BEHAVIOR AND MEANINGFUL INTERVENTIONS AND CONSEQUENCES…. 11

Section 1. Addressing Inappropriate Behavior with Meaningful Interventions and Consequences 11

Section 2. Inappropriate Behavior Levels 12

Section 3. Classification of Persistently Dangerous Schools 20

Section 4. Physical Punishment Prohibited 20

Section 5. Use of Restraint 20

Section 6. Collaboration with Law Enforcement 22

Chapter 3: PROCEDURES FOR ADDRESSING ALLEGATIONS OF INAPPROPRIATE BEHAVIORS 23

Section 1. Procedures for Reporting Complaints of Inappropriate Behavior 23

Section 2. Procedures for Investigating Allegations of Inappropriate Behavior 23

Section 3. Procedures to Prevent Reprisal 24

Chapter 4: PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS 25

Section 1. Interventions and Consequences of Inappropriate Behavior 25

Section 2. Guidelines for Specific Responses to Inappropriate Behavior 25 Alternates to Exclusion 25 Exclusion 25 Suspension 26 Expulsion 27

Section 3. Considerations for Transferring Students with Expulsions 27

Section 4. Considerations for Students with Disabilities, Students not yet Determined Eligible for Special Education and Students with 504 Plans 28

Section 5. Procedures for Reporting Action on Substantiated Incidents 28

Section 6. Conflict Resolution Process 28

Chapter 5: ALTERNATIVE EDUCATION RQUIREMENTS FOR DISRUPTIVE STUDENTS 29

Section 1. Policies and Procedures 29

Section 2. Eligibility and Placement 30

Section 3. County Alternative Education Requirements 30

Section 4. Optional Alternative Education Settings 31

Appendix A: Interventions and Consequences 33

Appendix B: Requirements 35 WEST VIRGINIA MANUAL FOR EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

Introduction The West Virginia Manual for Expected Behavior in Safe and Supportive Schools provides guidance to assist all public schools to design and implement procedures to create and support positive school climate and culture improvement processes that will promote students’ academic success and behavioral health, including social and emotional needs, trauma sensitivity and responses, bullying prevention, dropout prevention, and truancy reduction to ensure an orderly and safe environment that is conducive to teaching and learning for all.

Chapter 1 STUDENT PROTECTIONS School officials are responsible for student safety, welfare, and behavior from the time a student boards the school bus or arrives at school until the student returns home or to his/her designated bus stop. It is a student’s responsibility to follow school rules and regulations and to cooperate with school authorities who enforce these rules and regulations.

Section 1. Student Inquiry and Expression Schools may not conduct, sponsor, or endorse religious activities. Individual students have the right to practice their own religion in a manner that does not interfere with the orderly conduct of classes and may form student groups with a religious focus that meet before school, after school, or during a sanctioned club or activity time. Students have the right to be absent from school, on a reasonable basis, for religious instruction and/or for participation in religious activities. An opportunity must be provided for students to make up any work missed; however, it is the student’s responsibility to make up such work pursuant to the rules established by the school or county.

Students are entitled to exercise appropriate speech while at school. Freedom of speech includes forms of expression other than vocal, provided this activity does not materially or substantially disrupt the work and discipline of the school or impinge upon the rights of other students. Schools shall limit vulgar or offensive speech inconsistent with the school’s responsibility for teaching students the boundaries of socially appropriate behavior. Students’ off-campus conduct that would reasonably be expected to cause disruption in the school may be prohibited or disciplined. This includes, but is not limited to, all online activity, messages, and texts created for the purpose of inviting others to indulge in disruptive and hateful conduct towards a student or staff member.

Students have the right not to be compelled to participate in certain types of speech, such as reciting the Pledge of Allegiance. Students who choose not to participate in these ceremonies have the responsibility to respect the rights of those who do participate and must remain respectfully silent.

School-sponsored student publications that are a part of the curriculum are subject to teacher editorial control and therefore student speech may be regulated in a manner reasonably related to educational purposes.

Section 2. Non-curriculum Related Student Groups When high schools allow one or more student groups whose purpose is not directly related to any class taught at the school to meet at the school, this meeting is referred to as a limited open forum. If a school is a limited open forum for any purpose, the school must allow religious, political, and/or philosophical group meetings as long as the meetings are voluntary, monitored by the school, and do not interfere with the conduct of school activities.

Section 3. Protection from Unreasonable Searches and Seizures and Self-Incrimination Federal and state constitutions and statutes provide protection for all citizens from unreasonable searches and seizures. Although school personnel have more latitude than law enforcement in this regard, because they do not need search warrants, search and seizures of lockers or students by school officials must be reasonable and based upon the information known by them at the time of the search. Personal property may be searched by those authorized where there is reasonable suspicion to believe that student property contains stolen articles, illegal items, or other contraband as defined by law or by local board or school policy.

Students also have a right under federal and state constitutions not to incriminate themselves about a crime when questioned on school grounds by an individual acting in the capacity of a law enforcement official. The students are entitled to be informed of their right against self-incrimination if they are in a custodial setting. However, the students are not at liberty to terminate the interrogation and leave. Students do not have a constitutional right against self-incrimination when being questioned by school officials or Prevention Resource Officers (PRO)/School Resource Officer (SRO) acting under the direct and immediate supervision of school officials while conducting investigations of school-related misconduct. The PRO/SRO is responsible for ensuring constitutional and legal obligations are maintained when conversations and investigations extend beyond school related misconduct.

Section 4. Child Abuse and Neglect Prevention This section sets forth when the West Virginia Department of Human Services (WVDHS) and law enforcement must be notified about suspected child abuse and neglect. Victims of abuse may seek the advice or assistance of a teacher, counselor, nurse, or other school or county personnel. School personnel shall assist students in getting needed help to prevent the abuse from recurring. 24 Hour Notice Requirement Mandatory reporters, such as teachers, school personnel, counselors, nurses, coaches, or volunteers who provide organized activities for children, or other professionals within a school who suspect that a student is being abused or neglected, shall immediately, and not more than 24 hours after suspecting this abuse or neglect: report the circumstances to the WVDHS, and inform their immediate supervisor immediately following and not more than 24 hours after reporting suspected abuse or neglect to WVDHS.

In any case, where the mandatory reporter believes that the child suffered serious physical abuse, sexual abuse, or sexual assault, the reporter shall immediately report the same to: the West Virginia State Police, and any law-enforcement agency having jurisdiction to investigate the complaint.

Mandatory reporters who are also staff or volunteers of an entity or organization that provides services to a school or otherwise organizes activities at a school or on school premises, must immediately notify the person in charge of the entity or organization providing services or activities to a school. The mandatory reporter must follow any additional reporting requirements established by such entity or organization.

In determining whether conduct falls within the exception to the mandatory reporting requirement, mandatory reporters are encouraged to err on the side of caution and report the conduct within the mandatory reporting time frame.

State law contains criminal penalties for failure to meet the reporting requirements outlined in this section. For more information on those penalties, refer to W. Va. Code §49-2-812.

Section 5. Age-appropriate Body Safety Information Children in grades K-12 shall receive age-appropriate body safety information at least once per academic school year, with a preference for four times per academic year, addressing education and prevention of the sexual abuse of children.

To facilitate this process, the WVDE will provide resources and guidance that address the following: developmentally appropriate education and resources; social media usage and content; implementation of best practices; resources that support differing county and school sizes, demographics, etc., for implementation strategies; strategies for dealing with disclosures of sexual abuse; processes to include community shareholders and inclusion of family voice; and offender dynamics and child-on-child scenarios.

Standards, resources, and protocols for local crisis response will be provided to school systems and are posted on the WVDE website.

Section 6. Preventing Child Sexual Abuse WVDE has established standards for Preventing Child Sexual Abuse (PCSA) training requirements of all public school employees focused on developing skills, knowledge, and capabilities related to preventing child sexual abuse and recognizing and responding to suspected abuse and neglect.

The required PCSA training shall include comprehensive instruction and information to better equip schools and their employees to recognize and prevent child sexual abuse, including: recognizing sexually offensive behaviors in adults, questionable behaviors such as boundary violations, and signs in adults that might indicate they pose a sexual risk to children; recognizing, and appropriately responding to, sexually inappropriate, coercive, or abusive behaviors among children and youth served by schools; recognizing behaviors and verbal cues that might indicate a child or youth has been a victim of abuse or neglect; supporting the healthy development of children and youth and the building of protective factors to mitigate against their sexual victimization by adults or peers; recognizing and appropriately responding to student infatuations and flirtations with adults in schools; recognizing appropriate and inappropriate social media usage by adults and children; providing consistent and standard protocols for responding to disclosures of sexual abuse or reports of boundary-violating behaviors by adults or children in a supportive and appropriate manner which meet mandated reporting requirements; providing adequate understanding of the age-appropriate, comprehensive, evidence-informed child sexual abuse prevention education which will be offered to their students; and recognizing effects of Adverse Childhood Experiences (ACEs) and providing trauma-informed care.

Public school employees are required to complete a PCSA training. The training shall be at least a cumulative four hours of instruction on the elements identified in this section and shall occur during non‑instructional time. Training will not be assigned during teachers’ planning time. A skills renewal training is required every two years thereafter. The mode of delivery for the trainings may include in‑person or e-learning instruction and may include a series of trainings or modules. E-learning modules are available on the WVDE website and cover the required standards and certificates of satisfactory completion. Should the county boards of education choose to provide training through another mode of delivery, the standards stated above shall be covered, and the county boards of education shall provide the WVBE with a list of employees who have completed the required training. The WVBE shall provide certificates of satisfactory completion for the employee and the employer documenting that the employee completed the required training. Counties are required to track and monitor the skills renewal training for their respective employees.

Section 7. Eating Disorders and Self-Harm Information Children in grades 5-12 shall receive information regarding self-harm and eating disorder signs, prevention, and treatment at least once per academic school year.

The information may be obtained from the West Virginia Bureau for Behavioral Health and Health Facilities (Bureau), a licensed healthcare provider, or from commercially developed awareness and prevention training programs for the awareness, treatment resources, and prevention of self-harm behavior and eating disorders approved by the WVBE in consultation with the Bureau to assure the accuracy and appropriateness of the information.

Section 8. Preventing Eating Disorders and Self-Harm County boards of education shall provide routine education of all professional educators, including principals and administrators, and those service personnel having direct contact with students on warning signs and resources to assist in self-harm behavior and eating disorder awareness, prevention, and treatment under guidelines established by the WVBE. The education may be accomplished through self-review of materials and resources approved by the WVBE.

The required training shall include instruction and information to better equip schools and their employees, including how to: recognize warning signs of self-harm behaviors and eating disorders that can lead to serious health issues and death; support the healthy development of students by learning how to appropriately respond to or refer a student who exhibits warning signs of self-harm or eating disorders; and provide consistent and standard protocols for responding to disclosures or discovery of self-harm or an eating disorder.

All public school employees shall complete the required training every three years.

Section 9. Dress Codes Requiring School Uniforms for Students County boards of education may implement a dress code requiring students to wear school uniforms. The uniforms may be required by the county board of education for either the entire county or for certain schools within the county.

County boards of education considering the option of adopting a dress code requiring the wearing of school uniforms shall create an advisory committee consisting of parents or guardians, school employees, and students. The advisory committee shall consider whether the county board of education should adopt a dress code requiring school uniforms for students in the county or for certain schools within the county. If the advisory committee recommends to the county board of education a dress code requiring school uniforms, then the county board of education may adopt a dress code requiring school uniforms for students. The advisory committee shall make recommendations on methods of paying for the school uniforms. However, nothing in this policy shall require any level of funding from the Legislature, state, or county boards of education, or any other agency of the government.

This policy does not require county boards of education to adopt dress codes requiring students to wear school uniforms nor prevent a county board of education from adopting a dress code policy.

Chapter 2 INAPPROPRIATE BEHAVIOR AND MEANINGFUL INTERVENTIONS AND CONSEQUENCES

Section 1. Addressing Inappropriate Behavior with Meaningful Interventions and Consequences The purpose of this policy is to provide schools with guidance that creates and ensures an orderly and safe environment that is conducive to teaching and learning for all. All interventions and consequences are in effect on all school property and at all school-sanctioned events, including extracurricular and co‑curricular activities. Each county will implement proactive, preventative, and evidence-based practices utilizing a MTSS framework, outline investigatory and reporting procedures, and delineate meaningful interventions and consequences in response to inappropriate behavior. Schools will provide explicit instruction on expected behaviors, model and reteach expectations when needed, and provide feedback to maximize the probability of student success in all school settings, including extracurricular, co‑curricular, and school-sanctioned events.

This policy defines disciplinary levels and provides definitions for common inappropriate student behaviors. County policies may provide additional guidance in the implementation and classification for specific offenses and/or levels provided the treatment of the inappropriate behavior is consistent with W. Va. Code.

County and school policies should identify appropriate and meaningful interventions and consequences. The interventions and consequences in this policy serve as examples, with the exception of Level 4 offenses. It is not a requirement that all schools offer every intervention and consequence listed in this policy. Through a MTSS framework, school administrators and staff should leverage available school and community resources to provide appropriate evidence-based intervention strategies designed improve student behavior, maximize student attendance, and increase student engagement.

The purpose of interventions is to support, model, and/or teach appropriate behavior to maximize the probability of student success and decrease the likelihood of continued inappropriate behavior. Interventions should be used to reinforce expectations related to school rules and county policies regarding student behavior.

The purpose of consequences is to provide responses to inappropriate behavior that assist in keeping a school safe and orderly.

Sample interventions and consequences can be found in Appendix A. It is the school principal's responsibility to appropriately determine which intervention or consequence is necessary for each behavior and to ensure it is documented appropriately in the West Virginia Education Information System (WVEIS). Each discipline referral entered into WVEIS that deems an administrative response, shall, at minimum, include a documented intervention.

Exclusionary practices can have a direct impact on student academic achievement and schools/counties have a responsibility to ensure discipline practices are fair, equitable, and consistent. Therefore at least annually each county board of education shall publicly present a report of the previous year’s certified discipline data at a regularly scheduled county board of education meeting. The report shall be comprised of exclusionary practices (in-school and out-of-school suspension) throughout the county and shall not include any subgroup with less than 20 students to ensure student data privacy. At a minimum the report shall include: total count of students by federally identified subgroup; total count of students who were not referred for discipline by subgroup; total count of students who were referred for discipline but not suspended by subgroup; total count of suspensions by discipline level and for each subgroup; total days of suspension for the county and for each subgroup; and average number of days suspended by subgroup of each discipline referral level.

Discipline matrices can be used as a tool to ensure fair and consistent implementation of a school’s discipline plan. However, the principal shall always consider the individual details and specifics of a student’s needs in ensuring appropriate implementation. If a matrix is used, the principal shall retain the right to amend and change an intervention or consequence, as deemed necessary.

Out-of-school suspension strategies should be considered when appropriate evidence-based interventions and consequences have not proven to correct the behavior. Out-of-school suspension shall never deny students access to instructional material and information necessary to maintain their academic progress. The determination of interventions and consequences is at the discretion of the school administrator, with input considered from teachers/service personnel/support staff. W. Va. Code §18A‑5‑1 requires that the principal shall suspend a student who commits a behavior classified as Level 4 in this policy. Level 3 and 4 behaviors are to be referred directly to the appropriate administrator because of the serious and/or unlawful nature of the misconduct.

Any student suspended or expelled from school is also suspended from extracurricular activities for the duration of the out-of-school suspension or expulsion.

When administering interventions and consequences, the county is required to determine if a student warrants protection under Public Law 108-446, Individuals with Disabilities Education Improvement Act of 2004 (IDEA), W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419), and/or Section 504 (504 Plan) of the Rehabilitation Act of 1973.

Section 2. Inappropriate Behavior Levels The following behaviors have been assigned levels based on the nature of severity. It is important for the principal to evaluate behaviors with a holistic and developmentally appropriate approach. The principal may change a Level 1, 2, or 3 behavior level in WVEIS, if the circumstances dictate it. If a behavior level is changed, the principal shall document in the WVEIS discipline referral the reason as to why the level was changed. Level 4 behaviors are defined in W. Va. Code §18A-5-1 and shall not be changed.

LEVEL 1: Minimally Disruptive Behaviors disrupt the educational process and the orderly operations of the school but do not pose a direct danger to self or others.

Behavior Definition Cheating Plagiarizing or copying the work of others or breaking rules to gain advantage in a competitive situation. Interventions could result in academic sanctions.

Cell Phone Violation Not adhering to classroom, school, or county rules or policies regarding the use of cell phones, tablets, or other electronic devices.

Deceit Deliberately concealing or misrepresenting the truth, deceiving another, or causing another to be deceived by false or misleading information.

Disruptive Conduct Exhibiting behavior that violates classroom/school rules and results in distraction and/or obstruction of the educational process.

Failure to Serve Detention Failing to serve an assigned detention of which the student and/or parent or guardian have been notified.

Falsifying Identity Providing false identification to any school official with intent to deceive school personnel or falsely obtain money or property.

Inappropriate Appearance Dressing or grooming in a manner that is in violation of the county board of education’s dress code policy.

Inappropriate Display of Affection Engaging in inappropriate displays of intimate affection, such as kissing or embracing.

Inappropriate Language Using profanity in a general context (not directed toward any individual or group), whether orally, in writing, electronically, or with photographs or drawings.

Possession of Inappropriate Personal Property Possessing personal property that is prohibited by school rules or that is disruptive to the educational process.

Skipping Class Failing to report to the student’s assigned class or activity without prior permission, knowledge, or excuse by the school or by the parent or guardian.

Tardiness Failing to be in his/her place of instruction at the assigned time without a valid excuse.

Unauthorized Zone Accessing a prohibited area of the school or campus.

Vehicle Parking Violation Engaging in improper parking of a motor vehicle on school property.

LEVEL 2: Disruptive and Potentially Harmful Behaviors disrupt the educational process and/or pose potential harm, danger, or educational detriment to self and/or others. The behavior is committed willfully but not in a manner that is intended maliciously to cause harm or danger to self and/or others.

Behavior Definition Disruptive/Disrespectful Conduct Exhibiting behavior that violates classroom/school rules and results in distraction and/or obstruction of the educational process. Conduct is considered disruptive and disrespectful when the student fails to comply with redirection in a discourteous, rude, impolite, or bad-mannered way.

Habitual Violation of School Rules or Policies Persistently refusing to obey the reasonable and proper orders or directions of school employees, school rules, or policies. Violations of school rules or policies shall be considered to be habitual when a student has had three or more previous discipline referrals for such violations.

Insubordination Ignoring, refusing to comply with directions, or a general unwillingness to cooperate with instructions given by school authorities.

Leaving School Without Permission Leaving the school building, campus, or school activity without permission from authorized school personnel.

Physical Fight Without Injury Engaging in a physical altercation using blows with intent to harm or overpower another person or persons.

Possession of Imitation Weapon Possessing any object fashioned to imitate or look like a weapon.

Possession of knife not meeting the definition of a dangerous weapon set forth in W. Va. Code §61-7-2 Possessing a knife or knife-like implement under 3½ inches in length.

Profane Language/Obscene Gesture/ Indecent Act Toward an Employee or a Student Directing profane language, obscene gestures, or indecent acts towards a school employee or a fellow student. This includes, but is not limited to, verbal, written, electronic, and/or illustrative communications intended to offend and/or humiliate.

Technology Misuse Violating W. Va. 126CSR41, Policy 2460, Educational Purpose and Acceptable Use of Electronic Resources, Technologies, and the Internet.

Reckless Conduct Creating an unsafe environment through actions that are not intentionally directed towards someone. Carelessly throwing a door open, shoving a chair or other object that inadvertently strikes or nearly strikes another, would both be examples of reckless conduct.

LEVEL 3: Severely Disruptive, Imminently Dangerous, Illegal, and/or Aggressive Behaviors are willfully committed and are known to be illegal and/or harmful to people and/or property. (Specific behaviors are outlined in W. Va. Code §18A-5-1a(c) and the principal shall address these inappropriate behaviors accordingly.)

Behavior Definition Battery Against a Student Injuring another student unlawfully and intentionally.

Disruptive/Defiant Conduct Exhibiting escalating behavior that violates classroom/school rules, resulting in distraction and obstruction of the overall educational process. Conduct becomes defiant when the student refuses to comply with any redirection and will not obey the directives they have been provided, responding in an aggressive or insubordinate manner.

Defacing School Property/Vandalism Defacing or damaging property of the school or others. Actions such as writing in school textbooks or library books, writing on desks or walls, carving into woodwork, desks, or tables, and spray-painting surfaces are acts of defacement. Examples of damage to school property include, but are not limited to, ruining bulletin boards, intentionally clogging the plumbing system, breaking light bulbs or fixtures, and damaging school equipment to the point where repair is necessary.

False Fire Alarm Setting off a fire alarm knowingly and willingly without cause.

Fraud/Forgery Deceiving another or causing another to be deceived by false or misleading information or signing the name of another person in order to obtain anything of value or defrauding authorities.

Gambling Engaging in any game of chance or contest wherein money or other items of monetary value are awarded to the winner, except for those games and contests authorized as official school functions.

Gang Related Activity Using violence, force, coercion, threat of violence, or engaging in gang activity that causes disruption or obstruction to the educational process. Gangs are defined as organized groups of students and/or adults who engage in activities that threaten the safety of the general populace, compromise the general community order, and/or interfere with the school county’s educational mission.

Gang activity includes: wearing or displaying any clothing, jewelry, colors, or insignia that intentionally identifies the student as a member or otherwise symbolizes support of a gang; using any word, phrase, written symbol, or gesture that intentionally identifies a student as a member, or otherwise symbolizes support of a gang; gathering of two or more persons for purposes of engaging in activities or discussions promoting gangs; and recruiting student(s) for gangs.

Harassment/Bullying/Intimidation Sexual Harassment Racial Harassment Religious/Ethnic Harassment Sexual Violence Racial Violence W. Va. Code §18-2C-2 defines harassment, intimidation, or bullying as any intentional gesture, or any intentional electronic, written, verbal, or physical act, communication, transmission, or threat that: a reasonable person should know will have the effect of harming a student, damaging a student’s property, placing a student in reasonable fear of harm to his/her person, and/or placing a student in reasonable fear of damage to his/her property; is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive educational environment for a student; or disrupts or interferes with the orderly operation of the school and/or educational process.

An electronic act, communication, transmission, or threat includes, but is not limited to, one which is administered via telephone, computer, pager, or any electronic or wireless device, and includes, but is not limited to, transmission of any image or voice, email, or text message using any such device.

Acts of harassment, intimidation, or bullying that are reasonably perceived as being motivated by any actual or perceived differentiating characteristic, or by association with a person who has or is perceived to have one or more of these characteristics, shall be reported using the following list: race; color; religion; ancestry; national origin; gender; socioeconomic status; academic status; gender identity or expression; physical appearance; sexual orientation; mental/physical/developmental/sensory disability; or other characteristic.

When harassment, intimidation, or bullying are of a racial, sexual, and/or religious/ethnic nature, the above definition applies to all cases whether or not they involve students, staff, or the public. Detailed definitions related to inappropriate behavior of this nature are as follow.

Sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education; or submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education; or that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's education by creating an intimidating, hostile, or offensive employment or educational environment.

Amorous relationships between county board of education employees and students are prohibited, pursuant to W. Va. Code §61-8B-11b.

Physical, verbal, or written conduct relating to an individual's race when the conduct has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment; or otherwise adversely affects an individual's academic opportunities.

Physical, verbal, or written conduct related to an individual's religion or ethnic background when the conduct has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment.

Physical act of aggression or force or the threat thereof which involves the touching of another's intimate parts, or forcing a person to touch any person's intimate parts. Intimate parts include the primary genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas. Sexual violence may include, but is not limited to: touching, patting, grabbing, or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex; coercing, forcing, or attempting to coerce or force the touching of anyone's intimate parts; coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another; threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another; or; threatening or forcing exposure of intimate apparel or body parts by removal of clothing.

Physical act of aggression or assault upon another because of, or in a manner reasonably related to, race.

Hazing Hazing or conspiring to engage in the hazing of another person. Hazing means to cause any action or situation which recklessly or intentionally endangers the mental or physical health or safety of another person or persons, to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any activity or organization, including both co-curricular and extra-curricular activities.

Imitation Drugs: Possession, Use, Distribution or Sale Possessing, using, distributing, or selling any substance that is expressly represented or implied to be a controlled substance or to simulate the effect and/or the appearance (color, shape, size, and markings) of a controlled substance.

Improper or Negligent Operation of a Motor Vehicle Operating a motor vehicle intentionally and recklessly on the grounds of any educational facility, parking lot, or at any school-sponsored activity which endangers the safety, health, or welfare of others.

Inhalant Abuse Deliberately inhaling or sniffing common products found in homes, schools, and communities with the purpose of intoxication. The action may be referred to as huffing, sniffing, dusting, and/or bagging.

Larceny Taking another person’s property or having another person’s property in his/her possession without permission. Property valued at $1,000 or more will increase this behavior to a Level 4 because it is considered a felony in accordance with W. Va. Code §61-3-13.

Possession/Use of Substance Containing Tobacco and/or Nicotine Possessing, using, or being under the influence of any substance containing tobacco and/or nicotine or any paraphernalia intended for the manufacture, sale, and/or use of tobacco/nicotine products in any building/area under the control of a county school system, including all activities or events sponsored by the county. This includes any electronic cigarette or vaporizing device; regardless of whether or not it contains nicotine.

Sexual Misconduct Exposing himself/herself publicly and indecently, displaying or transmitting any sexually explicit media including, but not limited to drawings, photographs, animations, or videos of a sexual nature, or committing an indecent act of a sexual nature on school property, on a school bus, or at a school-sponsored event.

Threat of Injury/Assault Against An Employee or A Student Threatening (verbal or written) or attempting to injure another student, teacher, administrator, or other school personnel. (This includes assault on a school employee defined in W. Va. Code §61-2-15.)

Trespassing Entering the premises of county school system property, other than the assigned time and the location without authorization from proper school authorities.

Level 4 Behaviors LEVEL 4: Safe Schools Act Behaviors are defined in W. Va. Code §18A-5-1 and §18A-5‑1a. These laws require that the principal, county superintendent, and county board of education address Level 4 behaviors in a specific manner as outlined in W. Va. Code §18A-5-1a and paraphrased in this chapter.

W. Va. Code §18A-5-1 and §18A-5-1a require mandatory out-of-school suspension by the principal and mandatory expulsion for a period of not less than 12 consecutive months by the county board of education for possession of a deadly weapon, battery on a school employee, or sale of a narcotic drug.

Battery on a School Employee A student will not commit a battery by unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee or causing physical harm to a school employee as outlined in W. Va. Code §61-2-15. A student who violates this code section shall be suspended and expelled.

Shall Expel Felony A student will not commit an act or engage in conduct that would constitute a felony under the laws of this state if committed by an adult as outlined in W. Va. Code §18A‑5‑1a(b)(i). Such acts that would constitute a felony include, but are not limited to, arson as outlined in W. Va. Code §61-3-1; malicious assault and unlawful assault, as outlined in W. Va. Code §61-2-9; bomb threat, as outlined in W. Va. Code §61-6-17; sexual assault, as outlined in W. Va. Code §61-8B-3; terrorist act or false information about a terrorist act, hoax terrorist act, as outlined in W. Va. Code §61-6-24; and grand larceny, as outlined in W. Va. Code §61-3-13. The principal shall suspend a student from school and from transportation if the principal determines the student committed an act or engaged in conduct that would constitute a felony. The principal shall request that the superintendent recommend to the board that the student be expelled. *Threats of mass or whole school violence, including but not limited to, school shootings or gun violence shall be considered a felony in WVEIS.

Shall Expel Illegal Substance Related Behaviors – Narcotic A student will not sell, possess, or distribute a narcotic drug as defined in W. Va. Code §60A-1-101 on the premises of an educational facility, at a school-sponsored function, or on a school bus. A student guilty of this behavior shall be suspended and expelled.

Shall Expel Illegal Substance Related Behaviors – Nonnarcotic A student will not unlawfully possess, use, be under the influence of, distribute, or sell any substance containing alcohol, over-the-counter drugs, prescription drugs, any other substance included in the Uniform Controlled Substances Act as described in W. Va. Code §60A-1-101, et seq., or any paraphernalia intended for the manufacture, sale, and/or use of illegal substances in any building/area under the control of a county school system, including all activities or events sponsored by the county school district. This includes violations of W. Va. 126CSR25A, Policy 2422.7, Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis By a Student, and instances of prescription drug abuse (Policy 2442.7). This also includes the possession, use, or distribution of electronic cigarettes or vaporizing devices that possess any level of THC, or its derivative. The principal shall suspend a student from school and/or from transportation and may recommend expulsion for possession of a controlled substance governed by the Uniform Controlled Substance Act. The principal determines consequences for other violations listed herein. *Provisions for medical cannabis can be found in Policy 2422.7.

May Expel Possession and/or Use of Deadly Weapon According to W. Va. Code §18A-5-1a(a), a student will not possess a firearm or deadly weapon as defined in W. Va. Code §61-7-2, on any school bus, on school property, or at any school-sponsored function as defined in W. Va. Code §61-7-11a.

As defined in W. Va. Code §61-7-2, a deadly weapon means any device intended to cause injury or bodily harm, any device used in a threatening manner that could cause injury or bodily harm, or any device that is primarily used for self-protection. Deadly weapons include, but are not limited to, blackjack, gravity knife, knife, knife-like implement, switchblade knife, nunchaku, metallic or false knuckles, pistol, revolver, or other firearm. A deadly weapon may also include the use of a legitimate tool, instrument, or equipment as a weapon including, but not limited to, pens, pencils, compasses, or combs, with the intent to harm another. The student shall be suspended and expelled for violating W. Va. Code §61-7-11a.

Shall Expel

Section 3. Classification of Persistently Dangerous Schools The following criteria are set forth to determine whether a school will be classified as a Persistently Dangerous School. Data indicating the number of substantiated inappropriate behaviors will be collected using WVEIS in order to identify and classify a school as persistently dangerous. A West Virginia public school will be classified as a Persistently Dangerous School on or before August 1 of each year if the school has for two consecutive years substantiated Level 4 behaviors that exceed five percent of the total number of students enrolled in the school based on the school’s second month enrollment: battery on a school employee as defined in W. Va. Code §61-2-15; commission of an act that would constitute a felony under the laws of the state on the premises of an educational facility, at a school-sponsored function, or on a school bus; possession of a firearm or deadly weapon as defined in W. Va. Code §61-7-2 on the premises of an educational facility, at a school-sponsored function, or on a school bus; or sale of a narcotic drug as defined in W. Va. Code §60A-1-101 on the premises of an educational facility, at a school-sponsored function, or on a school bus.

WVDE Requirements Related to Persistently Dangerous Schools: provide targeted technical assistance to any school that has for two consecutive years substantiated Level 4 behaviors that exceed five percent of the total number of students enrolled in the school, based on the school’s second month enrollment.

A student attending a school identified as persistently dangerous or who becomes a victim of a violent criminal offense, as determined by state law, while in or on the grounds of a public school that the student attends or while attending a school-sponsored activity, shall be allowed to attend an alternative setting at his or her request as determined by the county school system.

Section 4. Use of Physical Punishment Prohibited W. Va. Code §18A-5-1(e) prohibits school employees from using corporal (bodily) punishment on any student. No physical punishment of any kind can be inflicted upon a student. This includes: hitting or striking a student on their physical person; requiring physical activity as a punishment (this does not apply to physical activity within the structure and context of extracurricular activities); use of noxious stimuli (e.g., pepper spray), denial of food or water, or other negative physical actions to control behavior; and seclusion - a removal in which a student is left unsupervised in any space as an intervention or consequence to inappropriate behavior.

Section 5. Use of Restraint Restraint, with reasonable force, may be used to prevent a student from hurting himself/herself or any other person or property. Behavior interventions and support practices must be implemented in such a way as to protect the health and safety of the student and others. When the use of physical restraint is necessary, the following guidelines must be followed:

• shall be limited to the use of such reasonable force as is necessary to address the emergency; shall not restrict breathing (e.g. prone restraint); place pressure or weight on the chest, lungs, sternum, diaphragm, back, neck, or throat; or cause physical harm;

• shall be discontinued at the point at which the emergency no longer exists;

• shall be implemented in such a way as to protect the health and safety of the student and others; and • shall not deprive the student of basic human necessities.

Appropriate (intended use) utilization of mechanical restraints, such as seat belts or feeding tables, when applied for their intended purpose is not prohibited. The application of mechanical restraint is prohibited as an intervention or consequence for inappropriate behavior.

A core team of personnel in each school, including an administrator designee and any general or special education personnel likely to use restraint, must be trained annually in the use of: nationally recognized restraint process, and current professionally accepted practices and standards regarding behavior interventions and supports including prevention and de-escalation techniques.

Any non-trained personnel called upon to use restraint in an emergency must receive training within 30 days following the use of restraint if the principal determines the situation is likely to reoccur.

Comprehensive documentation and immediate notification of restraint usage to both school administration and the parent or guardian of the student is required.

Time Requirement Documentation/Notification Within one hour following the use of restraint The principal/designee must be provided verbal and written description of the restraint process used on a given student.

Same day A good faith effort shall be made to verbally notify the parent or guardian of the restraint process used.

Within one school day Written notification of the use of restraint must be: provided to the parent or guardian, and included in the student’s official school record.

The written notification includes: name of the student; name of the staff member(s) administering the restraint; date of the restraint and the time the restraint began and ended; location of the restraint; narrative that describes antecedents, triggers, problem behavior(s), rationale for application of the restraint, and the efforts made to de-escalate the situation and alternatives to restraint that were attempted; and documentation of all parental/guardian contact and notification efforts.

This notification must be available to determine if the student’s behavior impacts the student’s learning and/or the creation of or revision to a behavior plan.

Section 6. Collaboration with Law Enforcement Police can enter schools if they suspect a crime has been committed, have a warrant for an arrest or search, or if their assistance has been requested by school officials. It is the duty of the school officials, teachers, and students to cooperate with the police and each other to ensure that the rights of all involved persons are respected.

Prevention Resource Officer (PRO)/School Resource Officers (SRO). PROs/SROs are certified police officers, working within a public school. The PRO/SRO duties, salary, and responsibilities should be determined through an agreement with the county board of education and the authorized law enforcement agency. The principal is the immediate supervisor while the PRO/SRO officer is present in the school. There may be a time during the course of PRO/SRO duties when the officer’s position as law enforcement would take precedence, such as intervening in or investigating criminal activity.

Other Law Enforcement Officer Conducting an Investigation in the School. When a student is questioned by law enforcement or by school officials in the presence of law enforcement, the school administration and law enforcement must cooperate to ensure the privacy of the student is protected. It is the law enforcement officer’s responsibility to ensure the student’s constitutional rights are not violated and to determine if the student’s parent or guardian, or lawyer should be contacted prior to questioning. The law enforcement officer must also determine when the use of restraints is necessary to control an unruly student to prevent the student from harming him/herself or others during questioning.

W. Va. Code §49-4-701 specifies that statements made by a student under the age of fourteen, while being questioned by law enforcement officials, cannot be used in a court proceeding unless his/her lawyer is present. Statements made by students who are fourteen or fifteen years old cannot be used in a court proceeding unless their lawyers are present or a parent or guardian is present and, the parent or guardian has been informed of the student’s rights.

Chapter 3 PROCEDURES FOR ADDRESSING ALLEGATIONS OF INAPPROPRIATE BEHAVIORS

Section 1. Procedures for Reporting Complaints of Inappropriate Behavior School employees are responsible for assuring a safe and supportive school climate and culture. When incidents of inappropriate behavior are witnessed by school staff, the behavior shall be addressed consistently as outlined in this policy.

Inappropriate behaviors observed by students or guests must be reported to the appropriate personnel for action to be taken according to county policy.

County boards of education shall develop and publicize procedures to assure that any person who believes he or she is the victim of or witness to a violation of Policy 4373 has an identified, easily accessible mechanism to report the alleged acts immediately to the appropriate official(s) designated by the county. These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the West Virginia Human Rights Commission, initiating civil action, or seeking redress under the state criminal statutes and/or federal law, including Title IX.

County boards of education shall develop and publicize appropriate procedures for investigating, reporting, responding, and determining consequences for the failure of an employee to appropriately respond to violations of Policy 4373, in accordance with W. Va. 126CSR142, Policy 5310, Performance Evaluation of School Personnel, in a manner that promotes understanding and respect.

County boards of education and the WVDE shall develop and publicize procedures to assure that any person who believes he or she has been the victim or a witness of religious, ethnic, racial or sexual harassment, or violence by a student, teacher, administrator, or other school personnel toward a student, teacher, administrator, or other school personnel has the identified, easily accessible mechanism to report the alleged acts immediately to an appropriate official(s) designated in county policy. These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the West Virginia Human Rights Commission, initiating civil action, or seeking redress under the state criminal statutes and/or federal law, including Title IX.

All alleged incidents of harassment or violence observed by faculty or staff must be reported to the appropriate official(s) and appropriate action should be taken as specified in Section 2 of this chapter.

Section 2. Procedures for Investigating Allegations of Inappropriate Behavior The county designee shall immediately undertake or authorize an investigation upon receipt of a report or complaint. The investigation may be conducted by school/county officials, or by a third party designated by the county school system.

The investigation must, at a minimum, consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances within the complaint. The investigation may also consist of any other methods and review of circumstances deemed pertinent by the investigator.

When a student is to be interviewed pursuant to a Level 3 or 4 behavior, a reasonable effort shall be made to contact the student’s parent or guardian, in a timely manner and invite them to be present during the interview, provided such notification does not compromise overall school/student safety. Parental/guardian notification is encouraged at Level 2 and discretionary at Level 1.

The principal shall: determine whether the alleged conduct constitutes a violation of this policy; take immediate and reasonable steps to protect the complainant, students, teachers, administrators, or other personnel pending completion of an investigation; assure that the investigation will be completed as soon as practicable but no later than 10 school days following the reported violation; and beyond the initial response, assure educational services to all students involved are not disrupted during the investigative process.

Upon completion of the investigation: a written WVEIS report shall be provided to the principal which includes a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy; the report shall be recorded and filed at the county/school level as determined in county policy; and a written notice of the conclusion of the investigation will be reported to the complainant or his/her legal guardian by the principal or his/her designee, but the report itself will not be shared with the complainant or his/her legal guardian.

Confidentiality of the filing of complaints, the identity of subjects and witnesses, and any action taken as a result of such complaint is essential to the effectiveness of this policy. Only those individuals necessary for the investigation and resolution of the complaint shall be provided information gathered in the investigation. A violation of confidentiality may itself be grounds for disciplinary action.

County boards of education and the WVDE shall develop procedures following the above guidelines to investigate complaints of religious/ethnic, racial or sexual harassment or violence by a student, teacher, administrator or other school personnel of the county board of education. For the WVDE, the State Superintendent of Schools shall take the place of the principal.

Section 3. Procedures to Prevent Reprisal The county board of education shall develop and publicize discipline procedures to take appropriate action against any student or employee who retaliates against any person who reports alleged violations or any person who testifies, assists, or participates in an investigation, or who testifies, assists, or participates in a proceeding or hearing relating to such violations. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Likewise, the county board of education shall develop a disciplinary process to take appropriate action against any student, administrator, or other school employee who falsely reports violations of this policy.

Chapter 4 PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS

Section 1. Interventions and Consequences of Inappropriate Behavior Inappropriate behavior should be addressed with meaningful interventions and consequences that strive to improve future behavior using a MTSS framework. School administrators and staff shall leverage all appropriate school and community resources to provide appropriate evidence-based interventions designed to maximize student attendance and engagement. Out-of-school suspension strategies shall never deny a student access to instructional material and information necessary to maintain academic progress. Out-of-school suspension is not a recommended consequence or intervention for minimally disruptive Level 1 and 2 behaviors; however, the determination of interventions and consequences is at the discretion of the school administrator, with input considered from teachers/service personnel, for Levels 1, 2, and 3. Specific Level 3 behaviors mentioned in W. Va. Code shall be referred directly to the appropriate administrator because of the serious/unlawful nature of the misconduct.

In determining the appropriate intervention and/or consequence in response to a Level 1, 2, or 3 behavior, the principal, county superintendent, and/or county board of education should consider: the surrounding circumstances; the intent of the behavior; past incidents, continuing, or escalating patterns of behavior; and the relationships between the parties involved and the context in which the alleged incidents occurred.

Section 2. Guidelines for Specific Responses to Inappropriate Behavior Alternatives to Exclusion. When designing or adopting discipline plans, county boards of education and schools shall also consider and adopt alternatives to exclusion. Because student academic progress can be negatively impacted by exclusionary practices, processes should be considered that provide students support that are designed to decrease the chance of repeated behavior and increase the chance of academic success such as: restorative practices; mentoring; mental health supports; civil citations; academic and behavior supports; behavior contracts; community service; school-wide Positive Behavior Supports and Interventions (PBIS); and community health.

Exclusion. According to W. Va. Code §18A-5-1, a student may be removed from a classroom or school bus. Requirements for re-entry into the classroom and/or bus are outlined in the code section.

Bus operators must follow the guidelines outlined in W. Va. 126CSR92, Policy 4336, West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of Schools Buses, and Policy 2419. When the bus operator excludes a student from the school bus, the bus operator shall notify the student and the student’s principal. The principal/designee shall notify the student’s parent or guardian. All students shall be transported until the parent or guardian has been properly notified of the exclusion. The principal/designee shall notify the parent or guardian when the child may resume riding the bus. If the inappropriate behavior persists, the student may have his/her rights to transportation services suspended for the remainder of the year, to the extent feasible.

Suspension. The purpose of suspension is to protect the students, school personnel and property, the educational environment, and the orderly process of the school. Suspension is considered a temporary solution to an inappropriate behavior until the problem that caused the suspension is corrected. The length of a suspension should be short, usually one to three school days, but may not exceed 10 school days.

Suspension typically takes one of two forms:

In-School Suspension. Student is temporarily removed from the classroom(s) for disciplinary reasons but remains under the direct supervision of school personnel and continues to receive instructional support. Direct supervision means school personnel are physically in the same location as the student(s) under their supervision. Settings may include other locations within the school building or removal to another school, such as an alternative school, provided the student remains under direct supervision of school personnel.

Out-of-School Suspension. Student is temporarily removed from the school for disciplinary reasons to another setting pursuant to W. Va. Code §18A-5-1a (e.g., home, community setting). This includes both removals in which no Individual Education Plan (IEP) services are provided because the removal is 10 days or less, as well as removals in which the student continues to receive services according to his/her IEP. The student is not under direct supervision of school personnel as defined under in-school suspension.

A student is entitled to an informal hearing when faced with an out-of-school suspension of 10 days or less. At this hearing, the principal must explain why the student is being suspended, and the student must be given the opportunity to present reasons why she/he should not be suspended. However, a student whose conduct is detrimental to the safety of the school may be suspended immediately and a hearing held as soon as practical after the suspension. Other procedures the school must follow when dealing with out-of-school suspensions are outlined in W. Va. Code §18A-5-1 and §18A-5-1a and include: parent or guardian must be notified promptly in all cases of suspension; county superintendent or designee must be notified, preferably in writing, of the time and conditions pertaining to the suspension; student may not participate in any school-sponsored activities and is not permitted on school grounds during the period of suspension; or student may not be suspended from school solely for not attending class (W. Va. 126CSR81, Policy 4110, Attendance).

An out-of-school suspension of more than 10 days requires a formal hearing before the county board of education. The school and county must adhere to the following procedures as outlined in W. Va. Code §§18A-5-1, 18A-5-1a, and 18A-5-1b when dealing with suspensions of more than 10 days: parents or guardian must be informed in writing of the charges against their child, including a summary of the evidence upon which the charges are based; upon the student’s parent or guardian’s request, a formal hearing must be scheduled before the county board of education; students are entitled to be represented or advised during the proceedings by a person or persons of their choosing, including legal counsel; and students are entitled to be given reasonable time to prepare for the hearing.

Expulsion. The county superintendent, upon recommendation by the principal, may recommend that a county board of education expel a student from school if the student’s conduct is judged to be detrimental to the progress and general conduct of the school. In all cases involving expulsion, the student is entitled to formal due process procedures. These procedures are outlined in W. Va. Code §18A-5-1 and §18A‑5‑1a. In expulsions involving students with an IEP or 504 Plan, a manifestation determination must be completed prior to the expulsion hearing, pursuant to Policy 2419 and IDEA.

W. Va. Code §18A-5-1 and §18A-5-1a requires mandatory out-of-school suspension by the principal and mandatory expulsion for a period of not less than 12 consecutive months by the county board of education for: possession of a deadly weapon, battery of a school employee, or sale of a narcotic drug. Procedures that must be followed when dealing with an expulsion include: the student and parent or guardian must be given a written statement of the specific charges against the student; the county board of education must hold a hearing regarding the recommended expulsion; the student and parent or guardian must be given a written notice of the time and place of the county board of education hearing at which the expulsion will be considered. This notice must be given far enough in advance for the student to have time to prepare an adequate defense against the charges; the student and parent or guardian have the right to be present at the county board of education hearing and to defend against the charges; the student has the right to be represented by an attorney at the hearing at his/her own expense; the student has the right to present witnesses on his/her behalf, to hear the testimony of witnesses against him/her, and to question the witnesses against him/her; if the board of education decides that the charges against a student do not warrant his/her expulsion from school, the student may remain in school or return to school without being subjected to punishment or harassment; in all expulsion hearings, facts shall be found by a preponderance of the evidence; expulsion by the board of education is final. However, if a student or parent or guardian believes that the student was not given procedural due process, he/she may appeal to the State Superintendent of Schools, within 10 days of receiving the expulsion decision. If the State Superintendent of Schools finds that the board's decision to expel the student was properly made, then the expulsion will stand unless overturned by a court.

If the State Superintendent of Schools finds the board’s decision lacked procedural due process, the board shall ensure all due process procedures are provided and readminister the expulsion hearing within 10 days of receiving the decision.

Section 3. Considerations for Transferring Students with Expulsions Students who have been suspended or expelled from a public or private school in West Virginia or another state, currently residing within the county, may not be denied enrollment in a county school system unless determined to be a “dangerous student” under the procedures set forth in W. Va. Code §18A‑5‑1a. Pursuant to W. Va. Code §18A-1-1(j) "dangerous student" means a student who is substantially likely to cause serious bodily injury to himself, herself, or another individual within that student's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense. County superintendents may, in their discretion, determine the appropriate educational placement, including alternative education services, for these students (State Superintendent of Schools’ Interpretation of January 26, 2007).

Section 4. Considerations for Students with Disabilities, Students not yet Determined Eligible for Special Education, and Students with 504 Plans Refer to Policy 2419, Chapter 7 for specific guidelines related to protections that are warranted for students with disabilities, students not yet determined eligible for special education (i.e., students currently engaged in the eligibility process beginning with a Student Assistance Team referral), or students with 504 Plans.

Section 5. Procedures for Reporting Action on Substantiated Incidents Schools shall accurately track incidents of inappropriate behavior and interventions/consequences in order to utilize data for school climate/culture improvement efforts and to create documentation to support actions taken to intervene in inappropriate behavior patterns. The WVEIS provides schools with the platform to report all incidents of inappropriate behavior at the classroom level and above. The primary value of this data rests at the school and county level and is necessary for development and monitoring of Policy 4373. All inappropriate behaviors as described in Chapter 2, Section 2, Levels 1, 2, 3, and 4 shall be reported through: teacher-level documentation of inappropriate behavior leading to interventions, consequences, and/or referrals to the principal;

Principal-level WVEIS data entry of teacher level documentation and administrative disciplinary actions. This data shall be entered by the principal and/or other authorized staff; or county superintendent-level WVEIS data entry of county board of education actions resulting from expulsion hearings. This data shall be entered by the county superintendent and/or other authorized staff.

Incidents of inappropriate behaviors reported into WVEIS in accordance with this policy will be used by the WVDE to comply with federal and state reporting requirements. Schools are responsible for timely, complete, and accurate reporting of inappropriate behaviors and disciplinary actions. Counties are responsible for monitoring accuracy of school data in accordance with W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance, and Disclosure of Student Data.

Section 6. Conflict Resolution Process If someone believes that a county board of education has violated the procedural rights set forth in this policy, the person may follow the appeal procedures outlined in W. Va. 126CSR188, Policy 7211, Conflict Resolution Process for Citizens (Policy 7211). The procedures set forth in this policy are not deemed to be a precondition to seeking relief in some other forum, nor do they address personal complaints against a school employee.

Chapter 5 ALTERNATIVE EDUCATION REQUIREMENTS FOR DISRUPTIVE STUDENTS W. Va. Code §18-5-19 provides for the creation of alternative education programs to allow for the provision of a free and appropriate education to students whose disruptive behavior has caused them to be removed from the regular classroom/school setting. Nothing in this manual precludes county boards of education from operating alternative education programs for non-disruptive students. The guidelines in this manual apply solely to alternative education programs for disruptive students. The State Superintendent of School's approval of the county alternative education policies and procedures is required for authorization to operate an alternative education program under these regulations.

Alternative education program is a temporarily authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions. These programs provide a safe and orderly learning environment for the education of all students in West Virginia public schools and meet the educational needs of disruptive students.

Alternative education programs for disruptive students encompass a range of program options such as: in-school suspension; a separate part-time or full-time alternative education classroom; a school-within-a-school; a school at an alternative site; a virtual setting; a combination in-person/virtual setting; an afterschool class/night school program; or a combination academic/work-based program.

County boards of education shall have flexibility in developing the type or types of alternative education program options needed to meet the needs of disruptive students in the county. County boards of education may request a waiver of WVBE policies and regulations in the development and operation of alternative education programs. Such a waiver request does not have to be submitted in accordance with the procedures for requesting waivers stipulated under W. Va. Code §18‑5A‑3, but may be submitted directly to the State Superintendent of Schools.

Program flexibility does not extend to modifying the provisions of Policy 2419 in providing alternative education programs for students with exceptionalities or Section 504 of the Rehabilitation Act of 1973.

Section 1. Policies and Procedure County boards of education policies and procedures shall include, but are not limited to the: goals of the program; eligibility criteria and process for placement of students in the program as determined by Student Assistance Team as defined by W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510); involvement of parent or guardian and community agencies; length and time of day the after-hours/night school program operates, if applicable; plan for awarding of grades and/or credits; behavioral management plan as an alternative to the county's discipline policy, if applicable; staffing plan, personnel qualifications, and class size limits; criteria for completion of the alternative education program or re-entry into general education; and performance measures and process for program evaluation.

Section 2. Eligibility and Placement A student may be placed in alternative education programs for: violations of the W. Va. Code §18A-5-1a; repeated violations of the county's discipline policy following documented multiple behavioral interventions by the Student Assistance Team at the referring school; or continuation of educational services during periods of suspension.

A student returning to a West Virginia public school from an in-state or out-of-state placement does not automatically meet the eligibility for alternative education for disruptive students. West Virginia schools are prohibited from automatically placing these students in alternative education for disruptive students based solely on the fact that they are returning from placement.

A student who has been expelled must be placed in an alternative education program unless found to be a “dangerous student” under the procedures set forth in W. Va. Code §18A-5-1a.

A student who has been suspended or expelled from a public or private school in West Virginia or another state, currently residing within the county, may not be denied enrollment unless determined to be a “dangerous student” under the procedures set forth in W. Va. Code §18A-5-1a.

Upon placement, the Student Assistant Team shall develop a student's written plan to address academic, behavioral, social-emotional, and mental health needs as appropriate criteria for re-entry to the regular school program, and provisions for periodic review of the student's progress at least on an annual basis. The team for all students with disabilities shall be the IEP team and the written plan shall be the IEP.

Section 3. County Alternative Education Requirements Curriculum. The curriculum will be based upon state-approved standards and include a component for teaching responsible behavior in a climate/culture conducive to teaching and learning.

Instruction. The instruction shall be personalized in a developmentally and age appropriate delivery.

Units of Credit. Units of credit are granted based upon proficiency of state-approved content standards.

Program Completion. A student may complete an alternative education program in one of the following manners: fulfillment of the criteria for re-entry into the referral school; completion of high school graduation requirements and awarding of a high school diploma from the referral school; or completion of a high school equivalency exam in accordance with W. Va. 126CSR32, Policy 2444.4, Issuance of the State of West Virginia High School Equivalency Diploma and the Administration of the West Virginia High School Equivalency Test, Option Pathway, and Mountaineer ChalleNGe Academy Graduation Pathway.

State Assessment. A student shall participate in the appropriate assessment according to W. Va. 126CSR14, Policy 2340, West Virginia Measures of Academic Progress Program. The test scores for these students shall be counted in the results of the referral school.

Support Services. A student shall receive counseling and/or other support services as indicated in the student's written plan.

Special Education. A student’s IEP shall comply with applicable state and federal laws and regulations.

Licensure. A teacher assigned to deliver the state-approved content standards within an alternative education program must possess a West Virginia professional teaching certificate in any area. A Temporary Authorization valid for one year shall be granted to the successful candidate for the alternative education program position. The employing county superintendent must verify that the applicant possesses the required competencies. The Temporary Authorization may be renewed each year based on the applicant's continued employment in an alternative education program.

Personnel Selection Criteria. A certified classroom teacher shall be selected on the basis of the teacher’s demonstration of competence in meeting the following standards: ability to effect positive behavior in disruptive students; effective leadership and/or mentoring skills in working with youth; successful experience in providing education to troubled or disruptive youth; specialized training or experience in non-traditional programs; and specialized training in behavior management skills.

Section 4. Optional Alternative Education Settings Day-School Programs. Absent expulsion, a student attending an alternative education day school program shall have the opportunity to receive a full-time instructional program and full instructional day during regular school hours. The county board of education must provide transportation for alternative education students in Day School Programs ensuring equal access for all public school students to access the school day.

After-Hours/Night School Classes. County boards of education are authorized to provide alternative education programs after regular school hours for expelled students and for students who have repeated serious violations of the county's discipline policy following documented multiple behavioral interventions and out-of-school suspensions. After-hour/night school programs shall include the provision of academic coursework and development of social skills/and appropriate behavior. Unless otherwise required by law, regulation, or court order, transportation services for such programs are at the discretion of the county board of education.

Home-Based Programs for Disruptive Students. County boards of education may provide home-based programs solely for students expelled under the Productive and Safe Schools Act (W. Va. Code §18A-5-1a) or for disruptive students who meet the eligibility criteria for home/hospital instruction under Policy 2510.

Program Evaluation. County boards of education shall conduct an annual evaluation of the effectiveness of the programs. The evaluation shall focus upon the impact on student performance and results using indicators such as: academic gains; reduction in dropout rates; reduction in incidences requiring disciplinary action; improvement in attendance rates; rates of successful program completion and return to the regular school program; rates of successful completion of career and technical training programs; rates of successful completion of high school graduation or attainment of a high school equivalency diploma; and rates of successful job placement and job retention.

The WVDE shall review compliance with alternative education requirements and the effectiveness of alternative education programs through monitoring and review of the application received annually. The alternative education program shall be evaluated on the basis of its stated goals and the provisions of this policy.

Appendix A: Sample Interventions and Consequences Interventions Administrator/student conference or reprimand Administrator and teacher-parent or guardian conference Counseling referrals to support staff or agencies Notification of appropriate Health and Human Resources Daily/weekly academic and/or behavioral progress reports Referral to Student Assistance Team (SAT)

Behavioral contracts Change in the student’s class schedule, locker assignment, or seat assignment School service assignment Interventions provided through a MTSS framework Restorative Practices *W. Va. Code §18A-5-1(d) prohibits the use of suspension solely for not attending class.

The selection of appropriate interventions and consequences for substance abuse must be considered very carefully depending upon the severity of the behavior and potential safety concern for others in the school. The first action must be to conference with the parent or guardian and appropriate law enforcement representatives in an effort to direct the student to appropriate addiction services. Referral to tobacco cessation services/treatment and substance abuse treatment services shall be a priority intervention strategy for these behaviors.

Consequences Academic sanctions may be used to deny credit for work resulting from cheating; however, previously earned grades/credits may not be reduced, if cheating did not occur on the earned grades and credits.

Confiscation of inappropriate item Revocation of privileges Detention (lunch, before and/or after school)

Denial of participation in class and/or school activities Restitution/restoration Immediate exclusion by teacher from the classroom with a recommended duration of one period/subject of the school day for the first exclusion (W. Va. Code §18A-5-1)

Voluntary weekend detention (State Superintendent of Schools’ Interpretation of May 12, 2006)

In-school suspension While out-of-school suspension is not recommended for Level 1 Inappropriate Behavior, if used at the discretion of the school administrator, it should be limited to a maximum of three days.

Out-of-school suspension (W. Va. Code §18A-5-1(d) prohibits the use of suspension solely for not attending class.)

Out-of-school suspension for up to 10 days. (See guidelines in W. Va. Code §18A-5-1(d).)

The principal and/or county superintendent may recommend placement in an Alternative Education program as described in Section 5 of this policy.

Expulsion (See guidelines in W. Va. Code §18A-5-1(d).)

Law enforcement notification, if warranted. Absent a real and immediate threat to school or public safety, incidents involving public order offenses shall be considered school discipline issues to be handled by school officials rather than criminal law issues warranting formal law enforcement intervention.

Upon receipt of a complaint of racial, sexual, and/or religious/ethnic harassment or violence that has been substantiated through investigation, the appropriate school official shall take action appropriate to the status of the offender (student, staff, or public guest). Such action for students may include all options listed above. Actions for staff may include but not be limited to, warning, suspension, termination, revocation of licensure, notification of law enforcement and/or human services. Actions for public guests may include but not be limited to removal from school property and school-sponsored functions, notification of law enforcement and/or human services.

Appendix B: Requirements W. Va. Code WVBE and WVDE Requirements §18-2-7b Programs in drug prevention and violence reduction Prescribe programs within the existing health and physical education program which involve teachers, counselors, and other staff in the teaching of resistance and life skills to counteract societal and peer pressure to use drugs, alcohol, and tobacco.

Prescribe programs to coordinate violence reduction efforts in schools and between schools and their communities and to train students, teachers, counselors, and staff in conflict resolution skills. The program shall be comprehensive, interdisciplinary, and shall begin in elementary school. §18-2C-1, et seq.

Prohibiting harassment, intimidation, or bullying Compile WVEIS incident data for harassment, intimidation, and bullying and report it annually to the Legislative Oversight Committee on Education Accountability.

§18-9F-9

School Crisis Prevention and Response Plan The WVBE, in conjunction with the Division of Homeland Security and Emergency Management, has developed a School Crisis Prevention and Response Plan Template containing the requirements for school specific School Crisis Prevention and Response Plans. The School Crisis Prevention and Response Plan Template to be used by schools may be found on the WVDE website. This template aligns with the safe schools initiatives of the School Building Authority of West Virginia (SBA) and Homeland Security and Emergency Management. Additionally, those portions of a school’s access safety plan may be included in the School Crisis Prevention and Response Plan if there are any overlapping requirements. §61-7-11a Possessing deadly weapons The WVBE shall keep and maintain reports received by the State Superintendent of Schools from school principals that discover the unlawful possession of firearms on school premises or school buses. The WVBE may establish procedures for making and delivering such reports, entering into WVEIS, and notifying the State Superintendent of Schools via email and telephone as soon as possible, per W. Va. Code §61-7-11a, after the principal becomes aware of such unlawful or unauthorized possession.

W. Va. Code County Board of Education Requirements §18-2C-1, et seq.

Prohibiting harassment, intimidation, or bullying Establish a policy prohibiting harassment, intimidation, or bullying using a process that includes representation of parent or guardian, school employees, school volunteers, students, and community members.

Include the following minimum policy components: effective on school property, school bus, school bus stop, and school‑sponsored events; defined with all components of the definition set forth in W. Va. Code §18‑2C‑3 and this policy; procedures for reporting incidents; requirement that school personnel report incidents of which they are aware; requirement that parent or guardian of any student involved in an incident be notified; procedures for responding to and investigating reported incidents; strategies for protecting a victim from additional harassment, intimidation, or bullying and from retaliation following a report; discipline procedures for any student guilty of harassment, intimidation, or bullying; procedures to ensure confidentiality of any information relating to a reported incident; and requirement that each incident be reported within the WVEIS.

When/if the county policy is revised, submit a copy to the State Superintendent of Schools.

Post notice of the county policy in any student handbook, and in any county board of education publication that sets forth the comprehensive rules, procedures, and standards of conduct for the school.

Incorporate into each school’s current employee training program Information regarding the county board of education policy prohibiting harassment, intimidation, and/or bullying.

Provide training, to the extent state or federal funds are appropriated, on the harassment, intimidation, or bullying policy to school employees and volunteers who have direct contact with students and develop a process for educating students on the same.

§18-5A-2

Local School Improvement Councils (LSIC)

Annually, the LSIC shall develop and deliver a report, adhering to all applicable student privacy regulations, to the county superintendent (council on productive and safe schools) that includes: guidelines for the instruction and delivery of interventions for students who have been excluded from the classroom, suspended from the school, or expelled from the school. The guidelines shall include descriptions/ recommendations for in-school programs with alternative settings and/or schedules, a system to provide effective communication and coordination between school and local emergency services agencies, preventive discipline strategies, and student involvement strategies. findings from an examination of school discipline procedures including disciplinary measures used at the school along with a documented assessment of fairness and consistency of disciplinary actions.

The county superintendent or designee shall respond to the LSIC in writing within 10 days of receiving the report.

The county board of education shall retain and file all such correspondence for public review. §18-9F-1, et seq.

School Access Safety Act Each county board of education seeking funds for school access safety projects during a fiscal year shall submit to SBA a school access safety plan or annual plan update that addresses the school access safety needs of each school facility in the county. The safety plan shall include at least the following: a prescribed countywide inventory of each school facility's means of ingress to and egress from the school for students, school employees, parent or guardian, visitors, and emergency personnel; the recommendations and guidelines developed by the Countywide Council on Productive and Safe Schools together with the county board of education assessment of the recommendations and guidelines; recommendations for effective communication and coordination between school facilities, local law-enforcement agencies, and local emergency service agencies in the county; an assessment of the current status of crime committed on school campuses and at school-related functions; a projected school access safety repair and renovation schedule for all school facilities in the county; a prioritized list of all projects contained in the plan, including the projected cost of each project; a description of how the plan addresses the school access safety goals and guidelines established by the SBA and how each project furthers the county board of education safety plan, facilities plan, and school major improvement plan; notation of the funds available for allocation and disbursement to the county board of education from the School Access Safety Fund; a description of any source of local funds that the county board of education intends to contribute to the safety projects, or an approved financial hardship waiver, to satisfy the local contribution requirements; and any other element considered appropriate by the SBA or required by other regulations.

§18-9F-9

Crisis Response Plan County board of education is required to: keep the current School Crisis Prevention and Response Plans for each school in the county on file and, unless otherwise provided for, provide a copy of each school's crisis prevention and response plan to each local emergency response agency that has a role in the plan. Local emergency response agencies that maintain a copy of the plan shall provide the same necessary safeguards for the information in the plan; employ the approved safeguards put in place by the school to protect information contained in each crisis prevention and response plan that may be considered protected critical infrastructure information, law enforcement sensitive information, or for official use; and make available to the public, upon request, a redacted copy of a school crisis prevention and response plan with any information removed that is necessary for compliance with the necessary safeguards.

The county board of education should support schools in the development and updating of school crisis prevention and response plans by providing the following guidance and support: standardized procedures, developed in collaboration with local emergency agencies and service providers, that can be used in each school crisis prevention and response plan as appropriate when one agency or service provider serves all schools within the county; standardized lists of existing county board of education policies that support the requirements of the school crisis prevention and response plan; standardized local procedures for document safeguards and technical support to schools regarding the appropriate filing of the school crisis prevention and response plan; standardized procedures for the annual review/update of each school crisis prevention and response plan; and resources for training school personnel on school specific school crisis prevention and response plans.

§18A-5-1 Authority of teachers and other school personnel; exclusion of students having infectious diseases; suspension or expulsion of disorderly students; corporal punishment abolished The county board of education shall create more alternative learning centers or expand its capacity for alternative placements, subject to funding, to correct disruptive student behaviors so disruptive students can return to a regular classroom without engaging in further disruptive behavior.

Corporal punishment of any student by a school employee is prohibited.

The county board of education is solely responsible for the administration of proper discipline in the public schools of the county and shall adopt policies consistent with state laws to govern disciplinary actions. These policies shall encourage the involvement of parent or guardian in the maintenance of school discipline.

The county board of education shall provide for the implementation of a preventive discipline program including student involvement.

The county board of education shall provide in-service training for teachers and principals relating to assertive discipline procedures and conflict resolution.

The county board of education also may establish cooperatives with private entities to provide middle educational programs which may include programs focusing on developing individual coping skills, conflict resolution, anger control, self-esteem issues, stress management, and decision making for students and any other program related to preventive discipline. §18A-5-1a Possessing deadly weapon; possessing a controlled substance; assaults and batteries upon teachers or other school personnel; sale of narcotic; expulsion; exception; alternative education Students are not permitted to engage in the following conduct on school premises, on school buses or school transportation, or at school-sponsored functions.

GROUP A

Intentionally making physical contact of an insulting or provoking nature with a school employee while he or she is performing job duties; is commuting to or from work; or in retaliation to the school employee’s action to supervise or discipline students.

Possessing a firearm or other deadly weapon.

Participating in the sale of a narcotic drug.

GROUP B

Committing an act or engaging in conduct that would constitute a felony in West Virginia if committed by an adult.

Possessing a controlled substance governed by the Uniform Controlled Substance Act.

GROUP C

Injuring, or threatening to injure, a student, teacher, administrator, or other school personnel.

Willfully disobeying a teacher.

Possessing alcohol.

Using profane language directed at a school employee or student intentionally defacing school property.

Participating in a physical altercation with another person while under the authority of school personnel.

Habitually violating school rules or policies.

When a principal has notified the county superintendent of a student’s suspension for conduct described in Group A above and makes the mandatory request to the county superintendent that the student be expelled, the county superintendent shall recommend to the county board of education that the student be expelled. Upon receiving the county superintendent’s recommendation, the county board of education shall hold a hearing following the procedures outlined below. If it is determined the student did commit the alleged conduct, the county board of education shall expel the student in accordance with Level 4, Chapter 2, Section 2. When a principal has notified the county superintendent of a student’s suspension for conduct described in Groups B and C above and submits a request to the county superintendent that the student be expelled, the county superintendent may recommend to the county board of education that the student be expelled. If the county superintendent makes such recommendation, the county board of education may hold a hearing following the procedures outlined below. If it is determined the student did commit the alleged conduct, the county board of education may expel the student.

Hearing Procedure Prior to a hearing, the county board of education shall issue written notice which states the charges and the recommended disposition to be served upon the student and his/her parent, guardian or custodian(s). The notice shall include: the date and time at which the hearing shall be held (within 10 days of the beginning of the suspension); and if there will be an attempt to establish the student as a “dangerous student,” the notice must state this intention and include any evidence which will be used to assert this claim.

At the hearing, the county board of education shall determine: (1) if the student should be reinstated; or (2) if the student should be expelled from school. If the county board of education determines the student should be expelled from school, it may also determine whether the student is a dangerous student. If the written notice for the hearing did not clearly articulate that evidence would be presented to establish the student as a dangerous student, the county board of education shall schedule a second hearing within 10 days to decide that issue. A second hearing attempting to establish a student as a dangerous student may be postponed for good cause shown by the student; such student shall remain under suspension until after the second hearing.

At any hearing before a county board of education, the student may be represented by counsel, may call his/her own witnesses to verify his/her version of the incident, and may confront and cross-examine witnesses supporting the charge against him or her.

All hearings before the county board of education shall be recorded by electronic means unless recorded by a certified court reporter.

In all hearings, facts shall be found by a preponderance of the evidence.

A hearing before the county board of education may be postponed for good cause shown by the student but he or she shall remain under suspension until after the hearing.

At the conclusion of the hearing, the county board of education shall either: (1) order the student reinstated immediately at the end of his/her initial suspension; (2) suspend the student for a further designated number of days; or (3) expel the student from the public schools of the county.

A county board of education that expels a student, and finds that the student is a dangerous student, may refuse to provide alternative education.

A hearing for the purpose of reexamining whether or not the student remains a dangerous student and whether the student shall be provided alternative education shall be conducted every three months for so long as the student remains a dangerous student and is denied alternative education.

During such hearings, the county board of education may consider the history of the student’s conduct as well as any improvements made subsequent to the expulsion.

If it is determined during any of the hearings that the student is no longer a dangerous student or should be provided alternative education, the student shall be provided alternative education during the remainder of the expulsion period.

In connection with proceedings related to a recommended student expulsion or dangerous student determination, the superintendent may apply to a circuit judge or magistrate for authority to subpoena witnesses and documents. Upon written request of any other party, the superintendent shall apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on behalf of the other party. If the authority to subpoena is granted, the superintendent shall subpoena the witnesses, documents, or both following the subpoena requirements set forth in W. Va. Code §29A-5-1.

Any hearing may be postponed: (1) For good cause shown by the student; (2) when proceedings to compel a subpoenaed witness to appear must be instituted; or (3) when a delay in service of a subpoena hinders either party's ability to provide sufficient notice to appear to a witness. A student remains under suspension until after the hearing in any case where a postponement occurs.

Students may be expelled for a period not to exceed one school year, except that if a student is determined to have committed conduct described in Group A above the student shall be expelled for a period of not less than 12 consecutive months.

The county superintendent may lessen the mandatory period of 12 consecutive months for the expulsion of the student if the circumstances of the student's case warrant. Upon the reduction of the period of expulsion, the county superintendent shall prepare a written statement setting forth the circumstances of the student's case which warrant the reduction of the period of expulsion. The county superintendent shall submit the statement to the county board of education, the principal, the faculty senate, and the local school improvement council. The county superintendent may use the following factors as guidelines in determining whether or not to reduce a mandatory 12-month expulsion: the extent of the student's malicious intent; the outcome of the student's misconduct; the student's past behavior history; the likelihood of the student's repeated misconduct; and if applicable, successful completion of satisfactory progress towards successful completion of Juvenile Drug Court.

All actions taken with regard to this section of law must be in compliance with the federal provisions of the IDEA.

Each suspension or expulsion imposed upon a student under the authority of this section shall be recorded in WVEIS.

W. Va. Code §49-2-803 Persons mandated to report suspected abuse and neglect; requirements.

County boards of education are responsible for providing all of its employees with a written document setting forth the notification requirements when child abuse or neglect is suspected. The statement must contain the following information: teachers, school personnel, volunteers, counselors, nurses, or other professional mandatory reporters within a school who suspect that a student is being abused or neglected shall report the circumstances to the WVDHS immediately, and within no more than 24 hours; if a mandatory reporter suspects a student has suffered serious physical abuse or sexual abuse or sexual assault, the West Virginia State Police and the local law enforcement entity must also be notified immediately; mandatory reporters that are also staff or volunteers of an entity or organization that provides services to a school or otherwise organizes activities at a school or on school premises must immediately notify the person in charge of the entity or organization providing services or activities to a school. The mandatory reporter must follow any additional reporting requirements established by such entity or organization; in instances where a mandatory reporter personally witness any of the following acts, or receives credible information from a witness of any of the following acts, he or she must notify the West Virginia State Police and the local law enforcement entity immediately: sexual contact of a child on school premises, on a school bus, or on transportation used in furtherance of a school purpose. Sexual contact is further defined in W. Va. Code §61-8B-1(6); sexual intercourse of a child on school premises, on a school bus, or on transportation used in furtherance of a school purpose. Sexual intercourse is further defined in W. Va. Code §61-8B-1(7); or sexual intrusion of a child on school premises, on a school bus, or on transportation used in furtherance of a school purpose. Sexual intrusion is further defined in W. Va. Code §61-8B-1(8).

There is a limited exception to the mandatory reporting requirement when a mandatory reporter receives information or observes consensual sexual contact, intercourse, or intrusion between students. This exception does not apply, and thus the immediate and within no more than 24-hour notification requirement must be followed, when the consensual sexual contact, intercourse, or intrusion involves: a student who is 14 or older and a student who is less than 12; a mentally or physically incapacitated students; or a student who is 16 or older and a student who is less than 16 when there is at least a 4-year age difference between the students.

County boards of education must secure a written acknowledgment from every employee indicating the employee has received and understands the statement of reporting requirements provided by the county board of education. §61-7-11a Possessing deadly weapons on premises of educational facilities It is unlawful for any person, excepting the individuals and classes of individuals listed below, to possess a firearm or other deadly weapon on school premises, on school buses, or at school-sponsored functions.

Approval of the county board of education is necessary for certain individuals and classes of individuals to lawfully possess a firearm or other deadly weapon on school premises, on school buses, or at school-sponsored functions, which include specific areas that are owned, rented, or leased WVDE, West Virginia Secondary School Activities Commission, county board of education, or local public school for the actual period a function is occurring.

The prohibition against possessing firearms or other deadly weapons on school premises, on school buses, or at school-sponsored functions does not apply to: law-enforcement officers employed by federal, state, county, or municipal law-enforcement agencies; probation officers appointed to their position by the West Virginia Supreme Court of Appeals, or otherwise pursuant to W. Va. Code §62-12-5 or Chapter 49 of said Code, in the performance of his/her duties; retired law-enforcement officers who are: (1) employed by a state, county, or municipal law-enforcement agency; (2) covered for liability purposes by the law-enforcement agency; (3) authorized by the county board of education and the school principal to serve as security for the school; (4) qualified to carry a firearm as a retired law-enforcement officer under the Law-Enforcement Officer Safety Act of 2004, as amended, pursuant to 18 U.S.C. §926C(c); and (5) qualified with his/her firearm to his/her employer’s requirements for handling and using a firearm; individuals specifically authorized by the county board of education or school principal to conduct programs with valid educational purposes; individuals who are otherwise lawfully permitted to possess a firearm or deadly weapon may possess an unloaded firearm or deadly weapon in a motor vehicle on school premises; individuals who are otherwise lawfully permitted to possess a firearm or deadly weapon may leave an unloaded firearm or deadly weapon in a locked motor vehicle on school premises; programs or raffles, approved by the county board of education or school, that include the display of unloaded firearms; individuals 21 years and older may possess a concealed handgun in a motor vehicle in a parking lot, traffic circle, or other areas of vehicular ingress or egress to a public school if: (1) while occupying the vehicle, the handgun is stored out of view from persons outside the vehicle; or (2) when not occupying the vehicle, the vehicle as a whole is locked and the handgun is stored in a locked trunk, locked glove box, locked interior compartment, or locked container securely fixed to the vehicle;

West Virginia University’s official mascot, commonly known as the Mountaineer, when acting in his/her official capacity; and Parkersburg South High School’s official mascot, commonly known as the Patriot, when acting in his/her official capacity.

W. Va. Code School Requirements §18-5A-2 Local School Improvement Councils (LSIC)

The LSIC shall schedule any meeting that involves the issue of student discipline outside the regularly scheduled working hours of any school employee member of the council.

The LSIC shall conduct a meeting to engage parent or guardian, students, school employees, and other interested parties in a positive and interactive dialogue regarding effective discipline policies.

The LSIC shall develop and deliver a report (adhering to all applicable student privacy regulations) to the county superintendent (council on productive and safe schools) that includes: guidelines for the instruction and delivery of interventions for students who have been excluded from the classroom, suspended from the school or expelled from the school. The guidelines shall include descriptions/ recommendations for in-school programs with alternative settings and/or schedules, a system to provide effective communication and coordination between school and local emergency services agencies, preventive discipline strategies, and student involvement strategies; and findings from an examination of school discipline procedures including disciplinary measures used at the school along with a documented assessment of fairness and consistency of disciplinary actions.

The superintendent (or designee) shall respond to the LSIC in writing within 10 days of receiving the report and the county board of education shall retain and file all such correspondence for public review.

§18-9F-9

School crisis response plan Each school shall create a comprehensive School Crisis Prevention and Response Plan Template model developed by the WVBE. In developing the School Crisis Prevention and Response Plan, schools shall employ necessary safeguards to protect information contained in each plan that may be considered protected critical infrastructure information, law enforcement sensitive information or for official use only. The safeguards employed to protect sensitive information must have the approval of the West Virginia Department of Homeland Security’s Division of Emergency Management. School Crisis Prevention and Response Plans, and updates to such plans, are to be filed with the school’s county board of education.

The Crisis Prevention and Response Plans must be developed under the following requirements: each school within the state shall form a crisis prevention and response planning team consisting of either: (1) the school’s Local School Improvement Council, or (2) a team consisting of the principal, two teachers, one service person, and two parents or guardians of children attending the school. The school crisis prevention and response planning team may include one member of the county board of education, a school counselor, a member from local law-enforcement authorities, the local county emergency services director, and one student in grade 10 or higher if the school has those grades; each school within the state, through the school’s crisis prevention and response planning team, shall develop a school specific crisis prevention and response plan using the state/county template, and with consultation from local social services agencies and local first response agencies including police, fire, emergency medical services (EMS), emergency management, and any other local entities the school’s crisis prevention and response planning team determines should be consulted; each school’s crisis prevention and response planning team shall annually review its crisis prevention and response plan and shall update the Plan as necessary. Each school shall file either an updated School Crisis Prevention and Response Plan or a memorandum stating that no update to the Plan was necessary with the county board of education and the Division of Homeland Security and Emergency Management no later than August 1 of each year; each school shall make a redacted copy of its school crisis prevention and response plan available, upon request, for inspection by the public with any information removed, that is necessary for compliance, with the necessary safeguards developed by the state; each school shall annually send notice home to all parents and guardians of students, at the school, alerting the parents and guardians to the existence of the crisis prevention and response plan and the ability to review a redacted copy at the offices of the county board of education; and each School Crisis Prevention and Response Plan shall include at least the following: the school employee in charge during a crisis and a designated substitute; a communication plan to be used during a crisis; protocols for responding to immediate physical harm of students, faculty or staff, and to traumatic events, including the period after the event(s) have concluded; disaster and emergency procedures to respond to earthquakes, fire, flood, other natural disasters, explosions, or other events or conditions in which death or serious injury is likely; crisis procedures for safe entrance to and exit from the school by students, parent or guardian, and employees, including an evacuation and lock down plan; and policies for enforcing school discipline and maintaining a safe and orderly environment during the crisis. §18-2-40 Jamie’s Law Suicide Prevention A public middle and high school administrator shall disseminate and provide opportunities to discuss suicide prevention awareness information to all middle and high school students.

§18A-5-1

Authority of teachers and other school personnel; exclusion of students having infectious diseases; suspension or expulsion of disorderly students; corporal punishment abolished The teacher shall stand in the place of the parent or guardian in exercising authority over the school and has control of all students enrolled in the school from the time they reach the school until they have returned to their respective homes, except that where transportation of students is provided, the driver in charge of the school bus or other mode of transportation shall exercise such authority and control over the students while they are in transit to and from the school.

Subject to W. Va. 126CSR51, Policy 2423, Health Promotion and Disease Prevention, the school administrator or school nurse shall exclude from the school any student known to have or suspected of having any infectious disease, or any student who has been exposed to any infectious disease.

The teacher or bus driver may exclude from his/her classroom or school bus any student who is guilty of inappropriate behavior as outlined in Chapter 2, Section 2, Levels 1, 2, 3, or 4 of this policy.

Any student excluded shall be placed under the control of the principal of the school or a designee.

The excluded student may be admitted to the classroom or school bus only when the principal, or a designee, provides written certification to the teacher that the student may be readmitted and specifies the specific type of disciplinary action, if any, that was taken.

If the principal finds that disciplinary action is warranted, he or she shall provide written and, if possible, telephonic notice of the action to the parent or guardian.

When a student is excluded from a classroom or a school bus two times in one semester, and after exhausting all reasonable methods of classroom discipline provided in the school discipline plan, the student may be readmitted to the classroom or the school bus only after the principal, teacher and, if possible, the parent or guardian of the student have held a conference to discuss the student's disruptive behavior patterns, and the teacher and the principal agree on a course of discipline for the student, and inform the parent or guardian of the course of action.

If the student's disruptive behavior persists, upon the teacher's request, the principal may, to the extent feasible, transfer the student to another setting.

A student may not be suspended from school solely for not attending class. Other methods of discipline may be used for the student which may include, but are not limited to, detention, extra class, time or alternative class settings.

Corporal punishment of any student by a school employee is prohibited. §18A-5-1a Possessing deadly weapons on premises of educational facilities; possessing a controlled substance on premises of educational facilities; assaults and batteries committed by students upon teachers or other school personnel; temporary suspension, hearing; procedure, notice and formal hearing; extended suspension; sale of narcotic; expulsion; exception; alternative education.

Students are not permitted to engage in the following conduct on school premises, on school buses, or school transportation, or at school-sponsored functions; such conduct is grounds for suspension.

GROUP A

Intentionally make physical contact of an insulting or provoking nature with a school employee while he or she is performing job duties; is commuting to or from work; or in retaliation to the school employee’s action to supervise or discipline students.

Possessing a firearm or other deadly weapon.

Participating in the sale of a narcotic drug.

GROUP B

Committing an act or engaging in conduct that would constitute a felony in West Virginia if committed by an adult.

Possessing a controlled substance governed by the Uniform Controlled Substance Act.

GROUP C

Injuring, or threatening to injure, a student, teacher, administrator, or other school personnel.

Willfully disobeying a teacher.

Possessing alcohol.

Using profane language directed at a school employee or student.

Intentionally defacing school property.

Participating in a physical altercation with another person while under the authority of school personnel.

Habitually violating school rules or policies.

School personnel that receive information or witness student(s) committing conduct described above must immediately report such student(s) and conduct to the school principal.

Prior to suspending a student, the principal must hold an informal hearing immediately after the conduct. The hearing must take place before a student is suspended. However, a student may be suspended without first holding a hearing if the principal believes the continued presence of the student in the school poses a continuing danger or presents a continuing threat of disrupting academic progress. In such situations, an informal hearing must be held as soon as practically possible following the suspension.

The student and his/her parent or guardian must be given telephonic notice, if possible, of the informal hearing. This notice shall include a brief statement of the grounds for suspension.

Informal Hearing Procedure.

At the beginning of the hearing, the principal must ask the student if he or she admits or denies the charges.

If the student denies charges, he or she must be provided with an explanation of the principal’s evidence supporting the charges.

The student must be given an opportunity to present his/her version of the incident.

At the conclusion of an informal hearing or upon the failure of the noticed student to appear, if the principal finds the student to have committed the alleged conduct, the disciplinary action to be taken by the principal is as follows:

For students found to have committed the conduct described in Groups A and B above, the principal shall suspend the student for up to 10 days, including any time the student was suspended prior to the hearing.

For students found to have committed the conduct described in Group C above, the principal may suspend the student for up to 10 days, including any time the student was suspended prior to the hearing.

The principal shall report any suspension the same day it is determined, in writing, to the parent or guardian of the student by regular United States mail. The suspension also shall be reported to the county superintendent and to the faculty senate of the school at the next meeting after the suspension. All suspensions must also be recorded in WVEIS within 24 hours.

For any student suspended as the result of the conduct described in Group A above, the principal must make a request, within 24 hours of the suspension, to the county superintendent that he or she recommend to the county board of education that such student be expelled.

For any student suspended as the result of the conduct described in Groups B and C above, the principal may make a request to the county superintendent that he or she recommends to the county board of education that such student be expelled.

Each expulsion imposed upon a student shall be recorded in WVEIS.

Principals may exercise any other authority and perform any other duties to discipline students consistent with state and federal law, including policies of the WVBE.

W. Va. Code §49-2-803 Persons mandated to report suspected abuse and neglect; requirements.

Teachers, school personnel, volunteers, counselors, nurses, or other professional mandatory reporters within a school, who suspect that a student is being abused or neglected, to report the circumstances to the WVDHS immediately, and within no more than 24 hours.

If a mandatory reporter suspects a student has suffered sexual abuse, sexual assault, or serious physical abuse, the West Virginia State Police and the local law enforcement entity must also be notified immediately.

Mandatory reporters, that are also staff or volunteers of an entity or organization that provides services to a school or otherwise organizes activities at a school or on school premises, must immediately notify the person in charge of the entity or organization providing services or activities to a school. The mandatory reporter must follow any additional reporting requirements established by such entity or organization. §61-7-11a Possessing deadly weapons on premises of educational facilities; reports by school principals… It is unlawful for any person, excepting the individuals and classes of individuals listed below, to possess a firearm or other deadly weapon on school premises, on school buses, or at school-sponsored functions.

The prohibition against possessing firearms or other deadly weapons on school premises, on school buses, or at school-sponsored functions does not apply to: law-enforcement officers employed by federal, state, county, or municipal law-enforcement agency; probation officers appointed to their position by the West Virginia Supreme Court of Appeals, or otherwise pursuant to W. Va. Code §62‑12-5 or Chapter 49 of said code, in the performance of his/her duties; retired law-enforcement officers that are: (1) employed by a state, county, or municipal law-enforcement agency; (2) covered for liability purposes by the law-enforcement agency; (3) authorized by the county board of education and the school principal to serve as security for the school; (4) qualified to carry a firearm as a retired law-enforcement officer under the Law-Enforcement Officer Safety Act of 2004, as amended, pursuant to 18 U.S.C. §926C(c); and (5) qualified with his/her firearm to his/her employer’s requirements for handling and using a firearm; individuals specifically authorized by the county board of education or school principal to conduct programs with valid educational purposes; individuals that are otherwise lawfully permitted to possess a firearm or deadly weapon may possess an unloaded firearm or deadly weapon in a motor vehicle on school premises; individuals that are otherwise lawfully permitted to possess a firearm or deadly weapon may leave an unloaded firearm or deadly weapon in a locked motor vehicle on school premises; programs or raffles, approved by the county board of education or school, that include the display of unloaded firearms; individuals 21 years and older may possess a concealed handgun in a motor vehicle in a parking lot, traffic circle or other areas of vehicular ingress or egress to a public school if: (1) while occupying the vehicle, the handgun is stored out of view from persons outside the vehicle; or (2) when not occupying the vehicle, the vehicle as a whole is locked and the handgun is stored in a locked trunk, locked glove box, locked interior compartment, or locked container securely fixed to the vehicle;

West Virginia University’s official mascot, commonly known as the Mountaineer, when acting in his/her official capacity; and Parkersburg South High School’s official mascot, commonly known as the Patriot, when acting in his/her official capacity.

State law does contain criminal penalties for unlawfully possessing a firearm or deadly weapon on school premises, on school buses or at school-sponsored functions. For more information on those penalties, please see W. Va. Code §61-7-11a(b)(3).

The principal shall report any unlawful or unauthorized possession of a firearm or deadly weapon discovered by such principal on school premises, on school buses or at school-sponsored functions to the state superintendent of schools as soon as possible, per W. Va. Code §61-7-11a, after the principal becomes aware of such unlawful or unauthorized possession.

The principal shall report any unlawful or unauthorized possession of a firearm or deadly weapon discovered by such principal to the appropriate local office of the division of public safety as soon as possible, per W. Va. Code §61-7-11a, after the principal becomes aware of such unlawful or unauthorized possession.

Series 100 Personal Electronic Device Usage in Schools (Policy 4374)

W. Va. Code R. § 126-100-1 General

1.1. Scope. -- This rule establishes minimum standards and requirements for county boards of education to limit the use of personal electronic devices by students in grades K-12 during instructional school days to ensure that personal electronic devices do not interfere with the educational process or infringe on the rights of other students

1.2. Authority. -- West Virginia Constitution, Article XII, §2, W. Va. Code §18-2-5.

1.3. Filing Date. -- May 14, 2025.

1.4. Effective Date. -- June 14, 2025.

W. Va. Code R. § 126-100-2 Purpose

2.1. Personal electronic devices contribute to a negative classroom environment with increased concerns relating to distractions, academic misconduct, bullying and/or harassment and other inappropriate behaviors. Concerns regarding the mental health of students with unfettered access to personal electronic devices are well-documented and are believed to prohibit the age-appropriate development of relationships, study skills, and other necessary skills to be successful.

W. Va. Code R. § 126-100-3 Application

3.1. County boards of education shall develop a policy that includes, but is not limited to, the requirements established in this policy for implementation at the beginning of the 2025-2026 school year.

W. Va. Code R. § 126-100-4 Definitions

4.1. Personal Electronic Device. Any portable device capable of wireless communication or computing including, but not limited to, cellular phones, tablets, laptops, smartwatches, and portable gaming systems not provided by a county board of education.

4.2. Instructional Day. Period of time from the start of the first instructional period to the end of the last instructional period, including transition times between classes.

4.3. Classroom Setting. An environment where instruction or activities related to the school curriculum are occurring including, but not limited to, general classrooms, gymnasiums, common areas, or any other area where instruction may occur.

W. Va. Code R. § 126-100-5 Prohibition of Personal Electronic Devices During Instructional Time

5.1. Student possession of personal electronic devices at school is a privilege, not a right. Student use of these devices during classroom instruction routinely interferes with the academic and social development of students. Therefore, students are prohibited from possessing personal electronic devices during classroom instructional time unless one (or more) of the exceptions in 6.2 applies.

W. Va. Code R. § 126-100-6 Minimum Requirements for County Board of Education Policies

6.1. County boards of education are required to adopt a policy that includes, but is not limited to, the following:

6.1.a. whether personal electronic devices will or will not be permitted on school property.

6.1.b. If a county board decides that personal electronic devices will be permitted on school property, its policy must include a procedure for storing the devices that specifies where and how the devices will be stored during the instructional day.

6.1.b.1. If a county board decides that personal electronic devices will be permitted on school property, students may be required to store the devices in containers or pouches provided by the county board.

6.2. County boards of education policies shall include the following exemptions:

6.2.a. Students may have access to their personal electronic devices during instructional time if deemed necessary by a medical doctor or the student’s IEP or 504 team, or other written accommodation plan, such as a school psychologist or other school official; parent requests or notes shall not be accepted as an approved accommodation. Barring emergency situations, a written order from the student’s medical doctor and/or a written explanation from the student’s IEP or 504 team regarding the student’s need for device access during instructional time must be submitted to the school principal before any exemption will be permitted. Medical orders and written explanations from IEP or 504 teams must specific the electronic device(s) to which the student shall have access, how long that access is likely to be needed, and the anticipated use of the devices when accessed during instructional time. A school principal may demand additional information from the medical doctors and IEP or 504 teams if the need for devices access is not clear from the documentation submitted.

6.2.b. County boards of education may include permission of specific personal electronic devices as related to the requirements of a county board of education approved work-based learning program. The approval shall include the specific course and purpose for which an electronic device may be used.

6.3. County boards of education policies shall include consequences for students determined to have violated the policy including, but not limited to, the following:

6.3.a. penalties for a first offense, a second offense, and subsequent offenses;

6.3.b. confiscation of a student’s personal electronic device(s) for violation of the policy and/or require the student’s parent/guardian to retrieve the device(s); and,

6.3.c. prohibiting an individual student from possessing any device if previous misuse has been documented. However, if a student is prohibited from possessing electronic devices on school property, a conference shall be offered to the parent/guardian to discuss the reasoning for the prohibition.

6.4. County board of education policies shall require schools to document all violations of the policy in the West Virginia Education Information System (WVEIS).

6.5. County boards of education shall make reasonable efforts to ensure that information related to acceptable use of personal electronic devices is disseminated to students and their parents/guardians including posting signs on school property and publishing the information in student handbooks, newsletters, social media, and county or school websites.

6.6. The Local School Improvement Council (LSIC) of each school shall annually discuss the progress of implementing the county board’s personal electronic device policy. The LSIC shall, at a minimum, review the relevant discipline data and make recommendations designed to promote student compliance with the policy.

6.7. County boards shall require each school to develop and publish protocols regarding how parents/guardians may communicate with their children in a manner that does not distract the student in the learning environment. This may include, but is not limited to, establishing specific times when personal electronic devices are permissible, utilizing office staff to disseminate information from the parent/guardian, or any other applicable strategy designed to minimize disruption during instructional time.

W. Va. Code R. § 126-100-7 Severability

7.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such federal legislation or invalidity shall not affect other provisions or applications of this policy.

Series 111 Policy Of WV Board Of Education Regarding Certification Of Prevocational Exploration Personnel

W. Va. Code R. § 126-111 Policy Of WV Board Of Education Regarding Certification Of Prevocational Exploration Personnel

TITLE 126 LEGISLATIVE RULE WEST VIRGINIA BOARD OF EDUCATION CHAPTER 18A-3 SERIES 5010.01

Title: Policy of West Virginia Board of Education Regarding Certification of Prevocational Exploration Personnel

Section 1.

General

1.1 Scope - These legislative rules establish the employment and eligibility criteria for teachers of prevocational exploration.

1.2 Authority - West Virginia Code 18A-3-2

1.3 Filing Date - January 2, 1985

1.4 Effective Date - March 2, 1985

Section 2.

Role Description < The prevocational exploration teacher provides instruction in a variety of career clusters that enables youth to make more informed, realistic occupational choices. The primary method of the process is the use of "hands on" experiences to illustrate abstract symbols and concepts related to self, education, and careers.

There are four clusters within the prevocational exploration program. Outlined below are the clusters available and the licensure required for the endorsement in each of the clusters within the prevocational exploration program.

2.1 Prevocational/Business - requires a Professional Certificate endorsed in business education, distributive education, secretarial studies, or business principles and the completion of the prevocational exploration program.

2.2 Prevocational/Environmental - requires a Professional Certificate endorsed in vocational agriculture, industrial arts, biology, general science, or physical science and the completion of the prevocational exploration program. _

2.3 Prevocational/Industrial - requires a Professional Certificate endorsed in industrial arts or vocational agriculture or a Vocational Certificate endorsed for an industrial or technical laboratory and the completion of the prevocational exploration program. Personnel may be recruited from business and industry to provide instruction in the industrial cluster, providing all efforts to locate industrial arts, vocational agriculture, or vocational certificated teachers have been exhausted. This applicant shall meet the requirements as set forth in the Minimum Requirements for the Licensure of West Virginia Board of Education Leg. Rūle, Chapter 18A-3 Series 5010.01, Sec. 2 Educational Personnel, 1975 Revised 1982 edition, for the Vocational Permit in the industrial area. The county superintendent may then request, in writing to the Office of Educational Personnel Development, an authorization to employ such an individual until an individual with the appropriate licensure can be found. Such authorizations are valid for the 1984-85 school year only.

2.4 Prevocational/Service - requires a Professional Certificate endorsed for home economics or a Vocational Certificate endorsed for health occupations and the completion of the prevocational exploration program.

Section 3. Conditions of Employment

3.1 Effective August 15, 1983, any person employed in a prevocational exploration cluster must hold a valid license endorsed in the appropriate prevocational exploration cluster.

3.2 Any individual who was assigned to provide instruction in a prevocational exploration program during the 1982-83 school year may be issued an endorsement in prevocational exploration provided he/she:

a. holds the appropriate prerequisite certification as specified in this policy for the approved cluster in which instruction is provided, b. is employed in the appropriate cluster for the 1984-85 school year, c. has completed by September 1, 1985, a minimum of one state approved training workshop related to principles and practices for teaching prevocational exploration, d. the _state supervisor of prevocational education verifies the teacher's attendance at the state approved training workshop, and e. the county superintendent recommends the issuance of the endorsement on the basis of the teacher's successful performance.

3.3 Applications under this provision must be filed with the Office of Educational Personnel Development not later than November 1, 1985.

3.4 Any new employee in prevocational exploration beginning with the 1983-84 school year must complete the state approved teacher education program in prevocational exploration. To qualify for a permit, a person holding a Professional Certificate in a prerequisite endorsement employed in a prevocational exploration cluster who has not completed the approved program must:

West Virginia Board of Education Leg. Rule, Chapter 18A-3 Series 5010.01, Sec. 3 a. file . an application for the prevocational exploration endorsement ( 1-TP-1), b. file : a Professional Commitment (1-TP-25) indicating enrollment in a state approved teacher education program leading to the prevocational exploration endorsement, c ... have the recommendation of the employing county superintendent, and d. have the recommendation of the designated official at the institution of higher education where the program is being completed.

U/B4 - 10/14/86

Series 112 Roles And Functions Of The Athletic Trainer Serving In The Public Schools Of WV

W. Va. Code R. § 126-112 Roles And Functions Of The Athletic Trainer Serving In The Public Schools Of WV

TITLE 126

BOARD OF EDUCATION

SERIES 112

RESERVED

(Repealed and Replaced by Series 118, March 27, 1995.)

126CSR112

Series 113 Roles And Functions Of The Preschool Handicapped Teacher Serving On The Public Schools Of WV

W. Va. Code R. § 126-113 Roles And Functions Of The Preschool Handicapped Teacher Serving On The Public Schools Of WV

TITLE 126 LEGISLATIVE RULE WEST VIRGINIA BOARD OF EDUCATION CHAPTER 18-2 SERIES 5013.2

TITLE: Roles and Functions of the Preschool Handicapped Teacher Serving on the Public Schools of West Virginia

Section 1.

General

1.1 Scope - This legislative rule establishes the general and specifc role description of a preschool handicapped teacher on the public schools of West Virginia.

1.2

Authority - West Virginia Code 18-2-6

1.3 Filing Date - November 1, 1983

1.4 Effective Date - January 1, 1984

1.5 This is a roles and functions description for personnel who provides educational services to preschool handicapped children.

Section 2. Purpose The purpose of the roles and functions of the preschool handicapped teacher policy is to provide direction to the county school districts in the employment of state certified preschool handicapped personnel as stipulated in Policy 5112, Policy of the West Virginia Board of Education on Preschool Handicapped Teachers in the Public Schools of West Virginia.

Section 3.

General Role Description The preschool handicapped teacher possesses the essential knowledge, skills, attitudes, and credentials necessary to carry out the practices of screening and assessment; coordination of the development of the individual education program (IEP); selection, use and evaluation of appropriate curricula; design and implementation of instructional activities; identification of child management procedures; coordination of program personnel Including parents; and compliance with federal, state and local rules and regulations pertaining to the education of exceptional children.

The preschool handicapped teacher has responsibility for the development, implementation, management and programmatic evaluation of the preschool handicapped program.

Section 4.

Essential Roles and Functions

4.1 Duties of the diagnostician :

4.7.1 Screen young children for potential handicapping conditions.

4.1.2 Participate in the evaluation process.

4.1.3 Assess young children for potential handicapping conditions.

4.2 Duties of the program planner:

4.2.1 Participate as interdisciplinary team member to determine with parents the need for referral for special education and related services.

4.2.2 Develop individual educational programs.

4.3 Duties of the curriculum specialist:

4.3.1 Establish curriculum based on assessed needs of learners to promote growth in developmental areas such as language, cognition, social-emotional and motor.

4.3.2 Determine materials appropriate for curriculum implementation.

4.3.3 Establish curriculum for families of young exceptional children.

4.4 Duties of the instructor:

4.4.1 Design, implement and evaluate instructional activities to achieve curricular goals.

4.4.2.

Adapt instructional techniques to meet individual and group needs, including learning styles and handicapping conditions.

4.4.3 Coordinate instruction of parents and other personnel in effective teaching practices.

4.4.4 Manage child behavior in a variety of settings.

4.5 Duties of the program manager:

4.5.1 Comply with local, state and federal laws governing administrative policies and procedures for young, exceptional children.

Locate support services and other appropriate resources for young, exceptional children and their families.

4.5.3 Maintain appropriate records relating to the management of a preschool special education program.

4.5.4 Manage instructional settings.

4.5.5 Facilitate transition of children into other appropriate programs.

4.5.6 Maintain record keeping systems that promote formative and summative program evaluation.

Series 114 Approval of Educator Preparation Programs (Policy 5100)

W. Va. Code R. § 126-114-1 General

1.1. Scope. -- This legislative rule establishes the process for developing, implementing, and receiving West Virginia Board of Education (WVBE) approval to operate an educator preparation program (EPP) leading to West Virginia licensure in an institution of higher education (IHE).

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18A-3-1, 18A‑3‑1a, 18A‑3‑2, and 18A-3-10.

1.3. Filing Date. -- November 8, 2023.

1.4. Effective Date. -- December 11, 2023.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR114, Policy 5100, Approval of Educator Preparation Programs (Policy 5100), filed January 13, 2022, and effective February 14, 2022.

W. Va. Code R. § 126-114-2 Summary

2.1. This policy outlines the framework for developing, implementing, and approving EPPs. Major program components are defined, assessment instruments, and/or procedures are identified, and the minimum proficiency levels are prescribed for the WVBE-adopted instruments. Program approval criteria for program implementation are also identified.

W. Va. Code R. § 126-114-3 Purpose

3.1. The purposes of this policy are to: 1) establish a collaborative process for program approval; 2) improve EPPs and potential teachers by incorporating program guidelines based on research and best practices; 3) ensure that those who are prepared for employment in the public schools have the knowledge, skills, and dispositions necessary to function as entry-level members of the profession; and 4) ensure that IHEs work collaboratively with the public and nonpublic schools in designing and delivering professional educator preparation experiences to increase student achievement through written agreements with participating schools. This policy relates only to approved EPPs leading to licensure in West Virginia public schools and does not supersede any licensure requirements mandated by W. Va. Code and/or W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/ Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202).

3.2. Policy 5100 commits the WVBE to develop, revise, or adopt the program objectives, assessment instruments, and proficiency levels for the professional preparation of educational personnel through a collaborative effort involving the West Virginia Commission for Professional Teaching Standards (WVCPTS), the West Virginia Department of Education (WVDE), the governing boards for public and private West Virginia IHEs, public school administrators, and classroom teachers.

W. Va. Code R. § 126-114-4 Authority of the WVBE

4.1. All programs of study that result in licensure to work in the public schools of West Virginia require the approval of the WVBE. This approval requirement applies to new and continuing programs of study and to any IHE seeking initial approval to offer new programs.

4.2. The WVBE shall adopt standards and procedures for the approval of programs of study that enable prospective teachers who satisfactorily complete such programs and licensure requirements to be licensed in West Virginia.

4.3. The WVBE establishes the WVCPTS to serve as its advisory body on matters related to the preparation of educational personnel. The WVBE shall establish regular communications with the WVCPTS and may solicit its recommendations prior to taking official action on educator preparation policies. [See W. Va. 126CSR154, Policy 5050, West Virginia Commission for Professional Teaching Standards].

4.4. The WVBE acknowledges that the governing boards of public IHEs and the appropriate governing body of a private IHE may establish additional standards and accreditation requirements and procedures regarding EPPs. The WVBE pledges its cooperation with the governing boards or bodies and the institutions under their control in establishing jointly agreed upon programs of study review procedures pursuant to section 12 that emphasize cooperation, minimize duplication, and specify the process and materials to be covered in the review.

W. Va. Code R. § 126-114-5 Definitions

5.1. Accredited Institution of Higher Education (IHE). A college or university accredited: by one of the regional accrediting agencies to award degrees at a stipulated level, i.e., bachelor’s degree, master’s degree, and/or doctorate and recognized by the Council for Higher Education Accreditation (CHEA), by one of the National Faith-Related Accrediting Organizations recognized by CHEA and the United States Department of Education (ED), or by the Accrediting Council for Independent Colleges and Schools.

5.2. Admission to an Approved Program. The filing of an application by a prospective teacher declaring the prospective teacher as a candidate to complete an approved EPP and the institution’s formal acceptance of the student based on the prospective teacher satisfying the admission criteria. The criteria for full program admission are: 1) minimum of 2.5 individual grade point average (GPA) calculated using institutional policy; 2) successful completion of a disposition screening assessment chosen by the EPP; and 3) the required performance as per the West Virginia Licensure Testing Directory on the WVDE website on the Core Academic Skills for Educators (CASE), as well as any other institutionally established performance assessments in speaking, listening, and educational technology.

5.3. Alternative EPP. A WVBE‑approved program for teacher education that is offered as an alternative to the standard college or university programs for the education of teachers and provides an alternative means for a qualified person to earn a provisional professional teaching certificate, as described in W. Va. Code §§18A-3-1a through 18A-3-1j and W. Va. 126CSR161, Policy 5901, Regulations for Alternative Certification Programs for the Education of Teachers (Policy 5901).

5.4. Alternative EPP Provider. A WVBE-approved program for teacher education that is offered as an alternative to the standard college or university programs for the education of teachers provided by entities as identified within W. Va. Code §18A-3-1a through §18A-3-1j and Policy 5901.

5.5. Association for Advancing Quality in Educator Preparation (AAQEP). A national organization that reviews and accredits an EPP based on a peer review with a holistic approach to meeting national standards related to the functioning of the EPP. EPPs must have national accreditation or be seeking candidacy for its graduates to be licensed to teach in West Virginia.

5.6. Authorized Agency. The state agency designated by the WVBE to administer EPP approval standards and procedures approved by the WVBE. Currently, the WVDE serves as the WVBE’s authorized agency.

5.7. Career Technical Education (CTE) Preparation Programs of Study. A WVBE‑approved EPP of study delivered by an EPP provider located in an IHE that holds accreditation as defined in section 5.1, based upon WVDE-adopted CTE program objectives and other requirements, and which has been approved by the WVBE.

5.8. Clinical Teacher of Record (CTR). A program involving a partnership between a county board of education and an IHE so that the pre-service teacher or pre-service school counselor, during the last semester of the clinical experience, is hired by a county to fill a vacant position that has been posted for which no other fully certified professional has been employed. The CTR is the teacher of record who will receive no less than 65 percent of the state aid formula. CTR programs require authorization of the WVBE pursuant to W. Va. Code §18A‑3‑1(e).

5.9. Cohort. A group of education candidates admitted to an EPP of study at the same time, e.g., a class entering in a fall semester.

5.10. Cohort GPA. The GPA averaged for all members of a cohort or class of admitted candidates. Averaging does not require that every candidate meet the specified GPA.

5.11. Collaborative Program. An approved EPP that is delivered as the result of a formal written agreement between two or more WVBE-approved EPP providers to enable prospective teachers to receive licensure in a content specialization that is not available at the home IHE and that is approved for the cooperating IHE.

5.12. Cooperating Teacher (For Resident or Student Teacher). An experienced and effective teacher engaged in the purpose of affirming to a beginning teacher the potential for professional growth through continuous improvement. The cooperating teacher is proficient when interacting in different interpersonal contexts and is adept in both mentoring and coaching the beginning teacher in a genuine manner that engenders trust. The cooperating teacher is willing to provide instructional support and coach beginning teachers to improve skill and performance no matter what level beginning teachers are performing. Instructional coaching by cooperating teachers is structured around fulfilling standards and performance targets and consists of discussions where the cooperating teachers provides objective feedback on the beginning teacher’s strengths and weaknesses as aligned to both the content standards and West Virginia Professional Teaching Standards.

5.12.a. Effective July 1, 2018, cooperating teachers for clinical experience shall, at a minimum: 1) hold a valid West Virginia five-year teaching credential in the content area of the candidate placed in their classrooms with a minimum of three years of teaching experience; 2) hold Accomplished or higher as a summative performance rating on the West Virginia Educator Evaluation during the last two years of employment; and 3) have successfully completed a WVBE-approved cooperating teacher course, at no cost to the teacher, or hold certification through the National Board for Professional Teaching Standards (NBPTS).

5.13. Cooperating Teacher (Out-of-State). Shall: 1) hold a valid teaching credential beyond the initial license and in the content area of the candidate placed in the candidate’s classroom and in the state of the placement; 2) have a minimum of five years of teaching experience or 3-4 years of teaching experience accompanied by a letter of recommendation from the pre-k-12 building administrator; and 3) provide evidence of successful performance (such as educator evaluations) during the last two-years of employment or hold certification through the NBPTS. A cooperating teacher who meets all requirements except the experience requirement may submit an exception request to the WVDE.

5.14. Cooperating School Counselor. Shall, at a minimum: 1) hold a valid West Virginia five-year professional student support certificate with a minimum of five years of school counseling experience or 3-4 years of school counseling experience accompanied by a letter of recommendation from the pre-k‑12 building administrator; 2) hold Accomplished or higher as a summative performance rating on the West Virginia Educator Evaluation during the last two years of employment; and 3) have successfully completed a WVBE-approved cooperating teaching training course, at no cost to the counselor, or must be a Licensed Professional Counselor issued through the West Virginia Board of Examiners in Counseling.

5.15. Co-teaching. An educational method that involves two teachers working together to plan, instruct, assess, and reflect on provided instruction for a single group of students allowing for more one-on-one interaction and differentiated instruction.

5.16. Council for the Accreditation of Educator Preparation (CAEP). The organization that reviews and accredits an EPP based on compliance with CAEP national standards related to the functioning of the EPP. EPPs must have national accreditation or be seeking national accreditation candidacy for its graduates to be licensed to teach in the public schools of West Virginia.

5.17. Diversity. Demonstrated through the variety of personal experiences, values, and world views that arise from differences of culture and circumstance as represented within our state and region and not limited to ethnicity. Each IHE will bring together a full range of backgrounds and perspectives to its teaching, research, service responsibilities, as well as field and clinical placements.

5.18. Educator Preparation Program (EPP). A college, department, or school of education located in an accredited IHE and that delivers WVBE-approved programs of study leading to licensure to work in the public schools of West Virginia.

5.19. Educator Preparation Provider Advisory Committee (EPPAC). Comprised of public school and higher education teachers and administrators who advise the chief teacher education officer of the EPP on educator preparation matters. All EPPs offering WVBE-approved EPPs of study leading to licensure to work in the public schools of West Virginia are required to have an EPPAC.

5.20. Educator Preparation Program Review Board (EPPRB). Makes recommendations to the WVBE regarding the approval of EPPs and content/specialization programs of study leading to licensure to work in the public schools of West Virginia.

5.21. Endorsement. The specialization(s) and grade levels appearing on any license authorized by the WVBE which govern the legal assignment within the public schools of West Virginia (W. Va. Code §18A‑3‑2).

5.22. EPP of Study. A WVBE‑approved EPP of study delivered by an EPP provider located in an accredited IHE; has been reviewed by the Educator Preparation Programs Review Board (EPPRB) as required in section 14; and approved by the WVBE and is based upon state-adopted and national program objective standards that include preprofessional skills, content specialization, and professional education components. Upon successful completion, candidates will be eligible for a license or certificate recognized for employment in the public schools of West Virginia.

5.23. Exemptions. Available to candidates who meet the identified criteria as defined in section 6.5.c or who are admitted to a WVBE‑approved, five-year program that will culminate with a conferred master’s degree.

5.24. Extraordinary Circumstances. Factors which are often external, unanticipated, and beyond one’s control that normal experience could not foresee or provide for (i.e., unavailability of coursework, illness/death, hardship).

5.25. Field-based and Clinical Experiences. Field-based experiences as described in section 6.7.b.3 and section 6.7.b.4, organized by EPPs to occur across the preparation program. They provide opportunities for candidates to apply knowledge, skill, and dispositions in a variety of settings appropriate to the content and level of each program of study. Both field-based and clinical experiences as described in section 6.7.b.3-5 are structured to ensure significant opportunities to engage with diverse multicultural, at-risk, and special needs) learners. Clinical experiences are completed under the direction of the IHE and cooperating teacher(s). The experiences are arranged by the EPP with the cooperating teachers such that they have a thorough understanding of the EPP’s expectations for the candidates during the experiences. During both field-based and clinical experiences, teacher candidates should observe the instruction of other teachers and gain experience working directly with students (i.e., plan and teach lessons). Clinical experiences should link theory and coursework to practice and provide candidates with extensive, scaffolded experiences with increasing responsibilities to further develop their content knowledge and pedagogical skills in authentic practice. Formative feedback sessions should occur within the clinical experience as well as evaluative performance assessments that demonstrate and measure the proficiencies in the professional roles and in the programmatic levels for which candidates are preparing.

5.26. Governing Boards/Bodies. Entities authorizing the delivery of EPP programs of study. Publicly supported EPPs are governed by the WVHEPC while privately supported EPPs are governed by their designated entity.

5.27. License. Any or all the documents issued by the State Superintendent of Schools under state law and regulations of the WVBE that empowers the holder to perform designated services within the public schools.

5.28. Performance-based Assessment. An assessment of a prospective teacher’s ability to integrate content, basic professional knowledge, and pedagogical skills in an appropriate educational setting in which the prospective teacher anticipates licensure. Teacher candidates graduating from West Virginia EPPs are required to achieve acceptable performance levels on a WVBE-approved teacher performance assessment (TPA).

5.29. Regionally Accredited Institution of Higher Education (IHE). A college or university accredited by one of the regional accrediting agencies recognized by the Council for Higher Education Accreditation (CHEA); or by one of the National Faith-Related Accrediting Organizations recognized by CHEA and the ED; or by the Accrediting Council for Independent Colleges and Schools to award degrees at a stipulated level, i.e., bachelor’s degree, master’s degree, and/or doctorate.

5.30. Residency. Component of an EPP that provides teacher candidates with both the underlying theory of effective teaching and a year-long, in-school residency in which they practice and hone their skills and knowledge alongside an effective cooperating teacher. Unlike other teaching certification models, residents do not serve as the teacher of record in the classroom.

5.30.a. Residency 1. The first semester of the yearlong clinical experience.

5.30.b. Residency 2. The second semester of the yearlong clinical experience contingent on successful completion of Residency 1.

5.31. Residency Hub. A school site which hosts two or more residents who receive collaborative support from the cooperating teacher, pre-k-12 staff, county leadership, and the EPP.

5.32. Resident Teacher. Pre-service teacher enrolled in a residency model teacher preparation program that culminates in a yearlong residency clinical working with a cooperating teacher. The resident teacher participates in an intensively supervised and mentored clinical experience and residency program for prospective teachers that culminates in a yearlong residency clinical that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the West Virginia public schools.

5.33. Specialization. The specific teaching, administrative, or student support area listed on the teacher’s license to which an employee may be legally assigned within the public schools.

5.34. Specialized Professional Association (SPA). Recognized by the ED or the Council for Higher Education. Examples include, but are not limited to, the National Council of Teachers of English (NCTE) and the National Council of Teachers of Mathematics (NCTM).

5.35. Step 7d Funds. Public School Support Plan (PSSP) funding step, effective 2019-2020, to support county-level implementation of comprehensive systems for teacher and leader induction and professional growth. Step 7d funds are allocated among the county boards of education based on needs identified in the strategic plans for continuous improvement of schools and school systems.

5.36. Subject Area Major. Minimum of 30 credit hours in a specific content area.

5.37. Subject Area Minor. Minimum of 15 credit hours in a specific content area.

5.38. West Virginia Content Area Program Approval (WV CAPA). State specific approval model that has been developed for the approval of content-specific EPP degree offerings through IHEs.

5.39. West Virginia Licensure Testing Directory. A listing of all WVBE-required licensure exams for teacher certification and for completion of WVBE-approved programs leading to West Virginia licensure. This directory is maintained on the WVDE website. When tests or scores listed in the directory are changed, the validity period for the previously listed tests and/or score shall be one-year from the effective date of the new test and/or score. Exception: tests and/or scores shall remain valid for 12 months after completion of an approved program for licensure where the applicant was continuously enrolled even if the test and/or score has changed.

5.40. Yearlong Resident Clinical. A full academic year, two consecutive semesters, spent in a pre-k‑12 school, partnering with an experienced cooperating teacher to develop the professional dispositions of effective teaching. Over the course of the year, teacher residents transition from a collaborative, co‑teaching role into the lead-teaching role receiving targeted support and feedback designed to prepare novice teachers to be successful upon entering the classroom.

W. Va. Code R. § 126-114-6 Professional Educator Preparation Program (EPP) Requirements: Teacher Clinical Partnerships

6.1. Partnership. All approved EPPs, public and private, shall have partnership agreements with a county board of education to collaborate and promote the development of knowledge, skills, and professional dispositions of their pre-service teachers necessary to demonstrate positive impact on all pre-k-12 students’ learning. The partnership shall be premised in building a vehicle for improving educator preparation, teacher professional learning, and teacher quality across West Virginia.

6.2. Focus. The focus partnership shall be on a strengthening relations and mutually beneficial collaboration between higher education and pre-k-12 schools including community and workforce for clinical preparation that share responsibility for steady improvement of education preparation to support continuous enhancement of teacher quality.

6.3. Agreements.

6.3.a. Components. Agreements must delineate roles, responsibilities, and outcomes for each partner. Agreements shall be designed to promote clinical experience of sufficient depth, breadth, diversity, coherence, and duration to ensure that pre-service teachers demonstrate their developing effectiveness and positive impact on all students’ learning and development. Clinical experiences are structured to have multiple performance-based assessments at key points within the approved program to demonstrate candidate’s development of the knowledge, skills, and professional dispositions that are associated with a positive impact on the learning and development of all pre-k-12 students. EPPs work with all partners to ensure partnership agreements include:

6.3.a.1. written agreement between all partners filed with the WVDE;

6.3.a.2. defined roles and responsibilities for all partners;

6.3.a.3. duration of clinical experiences at all levels;

6.3.a.4. professional learning activities for the EPP and school(s) included in the partnership(s); and

6.3.a.5. formalized periodic evaluation of the partnership including evaluation of shared accountability, scheduled planning and ongoing feedback between the EPP, school, and county leadership.

6.3.b. Responsibilities.

6.3.b.1. EPPs shall provide a liaison to work with each partnering county board of education and school.

6.3.b.2. EPPs shall outline services and assistance they may provide to the partnering county board of education and school(s).

6.3.b.3. The county board of education or school shall provide access to appropriate placement sites; access to technology and eligible systems; opportunities related to the instruction of students including duties and memberships to committees, meetings, and responsibilities allowed by privacy laws and county relations; and any feasible effort to conduct onsite meetings and/or instruction of pre-service teachers including, but not limited to, methods courses and co-teaching collaboration that includes a college supervisor.

6.3.b.4. The county board of education or school shall include EPP faculty and/or staff in professional learning opportunities that would benefit such faculty and staff to better prepare teachers.

6.3.c. Funding Opportunities. EPPs shall have the opportunity to apply annually for a competitive grant where funding is contingent upon funds being available. The grant application shall be submitted to the WVDE following the adopted guidelines and procedures. Awards shall be made yearly for eligible direct services. Grant proposals must include measurable outcomes and plans for sustainability. Priority shall be given to sites addressing the WVBE area(s) of focus and priority. An end of the year report must be submitted to the WVDE at the conclusion of the grant year detailing outcomes and expenses. Unspent grant monies must be returned to the WVDE at the end of the designated grant year.

6.4. Program Components. All undergraduate and graduate EPPs shall consist of three components: pre-professional skills, content specialization, and professional education. The three components, including the associated educational technology knowledge and skills, are necessary to satisfy WVBE‑approved program requirements.

6.4.a. All WVBE-approved programs of study shall include instruction in at least the following: WVBE policy and provisions of W. Va. Code governing public education; requirements for federal and state accountability, including the mandatory reporting of child abuse; federal and state mandated curriculum and assessment requirements, including diverse multicultural education, trauma-informed and social‑emotional best practices, safe schools, and the student code of conduct; federal and state regulations for the instruction of exceptional students, as defined by the Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 (IDEA); and varied approaches for effective instruction for students who are at-risk.

6.5. Pre-professional Skills Component.

6.5.a. Component Description. Pre-professional skills are those basic skills crucial to a teacher’s performance and effectiveness. Competence in these skills underlies a teacher’s ability to comprehend, utilize, analyze, synthesize, evaluate, and communicate information. Pre-professional skills common to educational personnel are reading, writing, mathematics, speaking, listening, and educational technology and are found in College- and Career-Readiness Standards outlined in the W. Va. 126CSR44AA through 44U series (Policy 2520.1A through 2520.19).

6.5.b. Teacher’s Assessment and Proficiency Levels. Prior to a candidate’s admission to a WVBE‑approved EPP, the provider must verify the quality of the admitted candidate. The provider must demonstrate that the standard for high academic achievement and ability is met through multiple evaluations and sources of evidence. The teacher candidate must attain the required levels of proficiency in reading, writing, mathematics, speaking, listening, and educational technology as measured by the assessments indicated in this policy, including the CASE, as well as assessments and/or levels established by individual institutions.

6.5.b.1. The cohort must attain a group average minimum GPA requirement of 3.0 in the core subjects and using a 4-point scale with A=4, B=3, C=2, and D=1.

6.5.b.2. The EPP shall establish the assessments and acceptable levels for the speaking, listening, and educational technology skills.

6.5.b.3. The EPP will include as part of its admission criteria candidates’ successful completion of a disposition screening assessment chosen by the EPP.

6.6. Content Specialization Component.

6.6.a. Component Description. Content specialization pertains to the specific teaching, administrative, or student support specialization(s) listed on a professional license in accordance with W. Va. Code §18A-3-1. See the West Virginia Licensure Testing Directory on the WVDE website for specific guidelines related to each specialization with the potential for approved program status. WVBE-approved specializations and grade level patterns are found in Policy 5202, Appendix A. The content specialization program standards shall include:

6.6.a.1. WVBE-recognized national content specialization standards for the public school curriculum pertaining to the specialization;

6.6.a.2. WVBE policies or legislative initiatives that have implications for the teaching specialization;

6.6.a.3. state-approved content standards for the public school curriculum pertaining to the specialization standards;

6.6.a.4. content description(s) for the Praxis II tests identified for the specialization in West Virginia licensure requirements;

6.6.a.5. institutionally identified content standards;

6.6.a.6. preparation standards promulgated by national professional associations for specific specializations and WVBE-approved national accreditors (if applicable); and

6.6.a.7. educational technology skills and knowledge related to specializations offered by the IHE. See International Society for Technology and Education (ISTE) Teaching Standards referenced under the Resources for Policy 5100 tab found on the WVDE Office of Educator Preparation web page.

6.6.b. Standards for Subject-area Content in EPP.

6.6.b.1. Elementary Education (K-6) Programs. Elementary education programs shall include a minimum of 30 credit hours of coursework in English language arts (including speaking, listening, writing, and reading utilizing the WVDE adopted approaches), health, mathematics, physical education, science, social studies, and the arts such that the coursework is relevant to the curriculum delivered in the elementary classroom and meets all requirements for all curriculum as defined by the WVBE.

6.6.b.2. Middle Level (5-9) Programs. Individuals choosing to complete two middle level programs shall complete the minimum of a subject-area minor in each subject and meet all requirements for all curriculum as defined by the WVBE.

6.6.b.3. Secondary Level Programs.

6.6.b.3.A. Each college or university with secondary-level teacher preparation programs resulting in 5-adult or 9-adult licensure require credit hours in the content areas.

6.6.b.3.B. Each secondary-level teacher preparation program that results in 5-adult or 9‑adult licensure must meet the minimum requirements referenced in W. Va. 123CSR133, Series 11, Standards and Processes for Approval of New Academic Programs, and complete content coursework of no less than 36 hours and no more than 42 hours.

6.6.b.3.C. Each college or university with secondary‑level teacher preparation programs resulting in 5-adult or 9-adult licensure must include some form of culminating educational experience that implements content into practice.

6.6.b.3.D. All content coursework in the secondary-level teacher preparation program must meet competencies required for licensure and its related P-12 standards.

6.6.b.4. Special Education Programs. All special education programs, including gifted, shall align to the Council for Exceptional Children preparation standards and address the six pillars of the IDEA: development, implementation, and evaluation of an Individualized Education Program (IEP), Free Appropriate Public Education (FAPE) guidelines, understanding and applying the concept of Least Restrictive Environment (LRE), Appropriate Evaluation requirements and techniques, Parent and Teacher Participation, and Procedural Safeguards.

6.6.b.4.A. Programs must include methods of designing specially designed instruction and appropriate learning and performance accommodations and modifications for individuals with exceptionalities in academic subject area content of the general curriculum to meet grade-level standards or alternate academic grade level standards.

6.6.b.4.A.1. A required minimum of 30 credit hours of coursework must include nine credit hours of reading or literacy instruction appropriate to each student’s age and individual learning needs. Content will focus on the essential components of reading (i.e., phonemic awareness, phonics, fluency, vocabulary, comprehension for elementary endorsements and fluency, vocabulary, and comprehension for 5-Adult endorsements) as well as how to assess students’ reading or literacy ability, use that assessment information for reteaching, remediation, and/or enrichment as appropriate for individual students, and how to identify and correct reading difficulties for all grade levels.

6.6.b.4.A.2. All programs must include six credit hours in mathematics, including a course in mathematics strategies for exceptional learners and a course in college-level mathematics. The foundation of knowledge in literacy and mathematics instruction must be sufficient for collaborating with regular education classroom teachers, teaching, or co-teaching academic subject matter content of the general curriculum to individuals with exceptional learning needs across a wide range of performance levels, and designing appropriate learning and performance accommodations and modifications for individuals with exceptionalities in academic subject matter content of the general curriculum.

6.6.b.5. Within all WVBE-approved programs, IHEs should seek to hire full-time faculty who have a minimum of one degree higher than the degree level at which they are teaching. Faculty shall have a degree(s) and/or professional licensure and/or expertise in the area(s) in which they are teaching.

6.6.c. Mathematics Content in Teacher Preparation.

6.6.c.1. Each elementary (K-6) teacher preparation program must contain:

6.6.c.1.A. three semester credit hours of college algebra or verification of college algebra equivalency and a minimum of six hours of college-level mathematics courses that meet WVBE requirements for the discipline, and

6.6.c.1.B. a three-hour course in mathematics methods.

6.6.c.2. Each middle childhood (5-9) mathematics teacher preparation program must contain:

6.6.c.2.A. a course in college algebra or verification of college algebra equivalency and a minimum of 18 hours of college-level mathematics courses that meet WVBE requirements for the discipline, and

6.6.c.2.B. a three-hour course in mathematics methods.

6.6.d. Reading Content in Teacher Preparation.

6.6.d.1. Each elementary education EPP must contain a minimum of nine credit hours of reading, which includes a focus on the five essential components of reading (i.e., phonemic awareness, phonics, fluency, vocabulary, and comprehension), methods for teaching writing to reinforce reading and language acquisition, as well as how to effectively use data to assess students’ reading ability, use that assessment information for reteaching, remediation, and/or enrichment as appropriate for individual students, and how to identify and correct reading difficulties.

6.6.d.2. Each middle and secondary (Pre-k-Adult, 5-Adult, 9-Adult) preparation program must contain a minimum of three hours of reading in the content area which include a focus on vocabulary, comprehension, and writing as well as how to effectively use data to assess students’ reading abilities in the content area, use that assessment information for reteaching, remediation, supplementary supports and/or enrichment as appropriate for individual students.

6.6.e. Special Education Content in Teacher Preparation.

6.6.e.1. All general programs of study must contain a minimum of six hours of preparation in special education, including a focus on the impact of disability on academic, behavior, and social/emotional development;, the use of progress-monitoring data generated from established tiered systems of support and other pre-referral interventions to assist with instruction, the responsibilities of all educators under the IDEA including the implementation of IEPs, and the accommodations and modifications needed to support the learning of students with disabilities throughout the continuum of services.

6.6.e.2. All EPPs must address differentiated instruction techniques for diverse learners using best practices such as: collaborative methods, co-teaching models, formative assessment, Universal Design for Learning, and Direct Instruction techniques.

6.6.e.3. All special education instruction for teacher candidates must include and designate focused instruction and practice in co-teaching.

6.6.e.4. All special education instruction for teacher candidates must include explicit instruction in the characteristics and best practices for instruction of students with dyslexia and dyscalculia.

6.6.f. Instructional Technology Content in Teacher (ISTE) Preparation. All EPP programs for initial licensure must contain a minimum of three semester stand-alone or embedded hours of preparation in instructional technology incorporating the standards identified in the ISTE Standards referenced under the Resources for Policy 5100 tab found on the WVDE Office of Educator Preparation web page.

6.6.g. Teacher’s Assessment and Proficiency Levels. Candidates for completion of a WVBE‑approved program shall be required to meet WVBE Praxis II specialty area test score(s) indicated for the anticipated specialization(s). A listing of current WVBE-required tests and passing scores is found in the West Virginia Licensure Testing Directory on the WVDE website.

6.6.h. Support for WVBE-required Praxis Assessment Preparation. EPPs shall have provisions for providing support/remediation for candidates taking any of the WVBE-required Praxis assessments. A listing of current WVBE-required tests and passing scores is found in the West Virginia Licensure Testing Directory on the WVDE website.

6.6.i. All programs must include six credit hours in mathematics, including a course in mathematics strategies for exceptional learners and a course in college-level mathematics. The foundation of knowledge in literacy and mathematics instruction must be sufficient for collaborating with regular education classroom teachers, teaching, or co-teaching academic subject matter content of the general curriculum to individuals with exceptional learning needs across a wide range of performance levels, and designing appropriate learning and performance accommodations and modifications for individuals with exceptionalities in academic subject matter content of the general curriculum.

6.6.j. Effective July 1, 2017, all special education programs must include and designate focused instruction in co-teaching.

6.6.k. Exemptions for Required Content Courses are available for a MAT program if teacher candidates have: 1) a conferred bachelor’s degree in the same content area that they are seeking professional licensure, 2) a minimum 3.0 in the specific content area, and 3) successfully completed the Praxis II content test for licensure.

6.7. Professional Education Component.

6.7.a. Component Description. Professional Education includes the studies and experiences that prepare the prospective teacher to integrate professional pedagogy, content knowledge, and pedagogical content knowledge into successful learning experiences for students. Each IHE is required to develop a mission statement with specific goals that align with a WVBE-approved national accreditor’s standards and the West Virginia Professional Teaching Standards. The mission statement shall include a description of the IHE’s focus on data-driven decision-making, continuous improvement, and a snapshot of its prospective professional teachers. The statement will serve as the foundation on which the IHE will base its curriculum and implement the clinical experiences for professional teachers, school administrators, and student support personnel.

6.7.b. Teacher’s Assessment and Proficiency Levels.

6.7.b.1. Educational Technology Proficiency Levels. The IHE shall, with the cooperating public school(s), collaboratively establish the assessments and acceptable performance levels for the educational technology skills (see ISTE Standards referenced under the Resources for Policy 5100 tab found on the WVDE Office of Educator Preparation web page) associated with the professional education component.

6.7.b.2. Clinical Experience Performance Assessment Instruments. Candidates completing a teacher education program recommended by the EPPRB and approved by the WVBE for any initial professional educator license shall pass an EPP‑adopted performance assessment that is also approved by the WVBE. All institutions must adopt a WVBE-approved TPA, with robust reliability and validity evidence that supports the intended interpretations and uses of the assessment results, for initial licensure by September 1, 2024. Before a TPA can be approved for use, each assessment developer must submit documentation of the instrument for review of technical quality and soundness to the WVDE. The WVDE review framework for the technical review process shall be aligned with industry-wide accepted practices and national accreditor guidelines for reliability and validity evidence. The evidence categories analyzed shall include, but not be limited to, supports for the assessment system, assessment system operations, the evidential aspect of validity, process-oriented technical quality, and achievement standards reporting.

6.7.b.2.A. Effective July 1, 2017, all newly admitted candidates into an EPP shall meet the adopted cut scores for program completion as reflected in the Licensure Testing Directory.

6.7.b.3. Field-based Experiences. All teacher candidates completing a WVBE‑approved EPP for initial teacher licensure must complete a minimum of 125 clock hours of field experience under the direction of a teacher licensed to teach in the state, by the state’s authorized agency, or their university supervisor in which the field experience is occurring, in each area in which they are seeking an endorsement. No less than 85 clock hours of the required 125 shall be completed in a public school. Field experiences in a virtual/online environment shall not constitute more than 50 percent of the minimum required experience.

6.7.b.4. Field-based Experiences for Special Education. All teacher candidates completing a stand-alone special education program, must meet the field based requirements outlined in 6.7.b.3. and include instructional and behavioral support for students in each of the areas of emotional disorders, intellectual disabilities, developmental delay, and specific learning disabilities.

6.7.b.4.A. WVBE-approved EPP of study leading to an endorsement(s) in an area(s) of special education shall successfully complete the minimum of a significant field experience, which is no less than 30 hours of the required 125 hours in the area(s) of special education in which they are seeking an endorsement(s).

6.7.b.5. Student Teaching Clinical Experiences Completed in the Public Schools. Each candidate completing an approved program shall spend a minimum of 12 weeks in the clinical portion of the program unless the candidate is able to demonstrate to the satisfaction of the college supervisor and the cooperating public school supervisor that the candidate has achieved the proficiency level in less than the specified time.

6.7.b.5.A. The clinical experience must be completed under the direction of a teacher licensed to teach in the state of the placement and in the content in which the candidate is seeking an endorsement, issued by the state’s authorizing agency.

6.7.b.5.A.1. Candidates who are completing their clinical experience on the job (e.g., candidates seeking alternative certification or on a first-class permit) might not have a teacher licensed in the same content, but instead will have a professional support team as described in W. Va. Code §18A‑3C‑1.

6.7.b.5.B. The candidate must be assessed during the clinical experience in all specializations for which the candidate is requesting licensure. The IHE is also required to document the candidates’ field-based and/or clinical experiences with diverse multicultural, at-risk, and special needs learners at each programmatic level for which they anticipate licensure.

6.7.b.5.C. Five exceptions to the programmatic level coverage for required field‑based experiences exist in the current system.

6.7.b.5.C.1. Any pre-k-Adult program of study is required to contain clinical practice at both the elementary and middle or high school levels. Experience at the middle and high school level not covered during the clinical practice shall be completed by field experience.

6.7.b.5.C.2. Any K-Adult program of study is required to contain clinical practice at both the elementary and middle or high school levels. Experience at the middle and high school level not covered during the clinical practice shall be completed by field experience.

6.7.b.5.C.3. Any 5-Adult program of study is required to contain field-based experiences and clinical practice at a minimum of two different programmatic levels.

6.7.b.5.C.4. Any 9-Adult program of study is required to contain field-based experiences and clinical practice at a minimum of one programmatic level.

6.7.b.5.C.5. The elementary education specialization (K-6) is also exempt from the programmatic level coverage for required field-based experiences at each programmatic level for which the candidate anticipates licensure. Clinical practice placement in two grades, a primary (K-2) and an intermediate (3-5) grade, from kindergarten and extending through grade six will satisfy the programmatic level requirement. This exception for elementary education cannot be used to satisfy the requirement for other specializations that require experiences in grades 5-9. If the candidate combines elementary education with another specialization, the required programmatic level placement for the other specialization must be satisfied. These required field-based and clinical-based experiences must be of sufficient duration and quality to enable the candidate to practice and develop skills and complete a performance assessment.

6.7.b.5.D. Student teachers shall not be permitted to substitute during their clinical experience unless the candidate is employed as the teacher of record for the duration of that experience.

6.7.b.5.E. As of July 1, 2020, nonpublic clinical placements must be in a WVBE‑accredited school with a West Virginia certified teacher for the entire clinical experience. The nonpublic school must be accredited as prescribed in W. Va. 126CSR13C, Policy 2330, Nonpublic School Accreditation, and shall meet the provisions of W. Va. Code that addresses experiences and instruction for candidates in nonpublic clinical placements regarding WVBE policy and provisions of W. Va. Code governing public education; requirements for federal and state accountability, including the mandatory reporting of child abuse; federal and state mandated curriculum and assessment requirements, including diverse multicultural education, trauma-informed best practices, safe schools and the student code of conduct; federal and state regulations for the instruction of exceptional students, as defined by the IDEA; and varied approaches for effective instruction for students who are at-risk. Accredited non-public schools shall meet all other criteria of public schools for program completion in this rule and licensure requirements per Policy 5202.

6.8. Yearlong Residency Minimum Requirements.

6.8.a. Effective July 1, 2021, with the freshman cohort, all EPPs with WVBE-approved programs of study leading to West Virginia educator licensure must begin the transition to a full residency model by including a minimum of one program with a yearlong residency pathway as the final clinical experience as defined in section 5 for candidates completing their program. All educator preparation content areas will transition to The West Virginia Residency Model no later than the Fall of 2024 with incoming freshman cohorts.

6.8.b. Authorization. The agreement established between an IHE and county board of education must be approved by the WVBE.

6.8.c. Each candidate shall complete a Residency 1 and Residency 2 clinical experience for two consecutive semesters in the clinical portion of the program unless the candidate is able to demonstrate to the satisfaction of the college supervisor and the cooperating public school cooperating teacher that the candidate has achieved the proficiency level in less than the specified time.

6.8.c.1. During the Residency 1 clinical classroom placement, candidates completing an approved program shall spend a minimum of 14 weeks/250 hours during the first semester.

6.8.c.1.A. Residency 1 teachers shall not be pulled from their placement to cover an unsupervised classroom and shall not be permitted to substitute teach during their residency placement.

6.8.c.2. During the Residency 2 clinical classroom placement candidates completing an approved program shall spend a minimum of 14 weeks/500 hours during the second semester.

6.8.c.3. The yearlong residency clinical experience must be completed under the direction of a teacher licensed to teach in the state of the placement and in the content area in which the candidate is seeking an endorsement, issued by the state’s authorizing agency. Candidates who are completing their clinical experience as the teacher of record (e.g., CTR, candidates seeking alternative certification or on a first-class permit) will have professional support team in lieu of a cooperating teacher as described in W. Va. Code §18A-3C-1. The candidate must be assessed during the clinical experience in all specializations for which the candidate is requesting licensure during field-based and/or clinical experiences. Candidates must successfully complete all Praxis II exams prior to entering Residency 2 or meet approved criteria stated in the West Virginia Licensure and Testing Directory. The IHE is also required to document the candidates’ field-based and/or clinical experiences with diverse multicultural, at-risk, and special needs learners at each programmatic level for which they anticipate licensure. Yearlong clinical experiences completed in a virtual/online environment shall not constitute more than 50 percent of the minimum required experience. Five requirements for the programmatic level coverage for required field-based experiences exist in the current system.

6.8.c.3.A. Any pre-k-Adult program of study is required to contain clinical experience at a minimum of one programmatic level. Experience at the elementary, middle, and high school level not covered during the clinical experience shall be completed by field experience.

6.8.c.3.B. Any K-Adult program of study is required to contain clinical experience at a minimum of one programmatic level. Experience at the elementary, middle, and high school level not covered during the clinical experience shall be completed by field experience.

6.8.c.3.C. Any 5-Adult program of study is required to contain clinical experience at a minimum of one programmatic level. The level not covered during the clinical experience shall be completed by field experience.

6.8.c.3.D. Any elementary program of study (K-6) is required to contain clinical experience at a minimum of one programmatic level. The level not covered during the clinical experience shall be completed by field experience.

6.8.c.3.E. Any 9-Adult program of study is required to contain field-based experiences and clinical experience at a minimum of one programmatic level.

6.8.c.4. Residents who have not completed their content exam when applying for the Yearlong Resident Permit will be issued a Short-Term Residency Permit. All content exams must be successfully completed prior to applying for the Long-Term Residency Permit or meet approved criteria stated in the West Virginia Licensure and Testing Directory.

6.8.c.4.A. Residents may be permitted to substitute during Residency 2 with county approval and if the resident meets the following criteria: 1) resident must hold a Long-Term Residency Permit, 2) substitute days may not exceed one day per week, 3) residents may only substitute in the host school of their yearlong residency placement, 4) the resident and cooperating teacher should have advanced notice of the requested day and both be in agreement for the resident to be away from the assigned classroom for the day, and 5) the Resident 2 student shall be paid a base rate no less than one who holds a bachelor’s degree.

6.8.c.5. Resident Emails. Each candidate completing an approved yearlong residency clinical experience, as defined in section 5 for candidates completing their program, shall be assigned a k-12 email address by the county for the duration of the residency to allow for the full immersion of the student resident into the school environment.

W. Va. Code R. § 126-114-7 Alternative Preparation Program Requirements

7.1. General Requirements. In accordance with W. Va. Code §18A-3-1d(a)(1) the WVBE promulgates separate procedures for alternative programs for classroom teachers, alternative programs for highly qualified special education teachers, and additional alternative programs to prepare highly qualified special education teachers. These procedures are separate from the WVBE’s other procedures for approving standard teacher education programs. Therefore, alternative preparation programs of W. Va. Code §§18A-3-1a through 18A-3-1j must meet the criteria specified in Policy 5901.

7.2. WVBE approval procedures for officially recognizing pedagogical standards and programs pursuant to W. Va. Code §18A-3-2a(a)(1)(C) are separate from the WVBE’s procedures for approving standard teacher education programs. Therefore, programs pursuant to W. Va. Code §18A-3-2a(a)(1)(C) must meet criteria specified in Policy 5901.

W. Va. Code R. § 126-114-8 Clinical Teacher of Record (CTR)

8.1. Provisions. An IHE with a WVBE-approved EPP in the state may enter into an agreement with a county board of education to establish a CTR program.

8.2. CTR Minimum Requirements.

8.2.a. The prospective CTRs shall: 1) have completed the content preparation courses with a minimum 3.0 GPA in the area of specialization; 2) have the proficiency score(s) on the state competency exam(s) in pre-professional skills or qualify for an exemption as described in section 5.5.c; and 3) have met the proficiency score(s) on the state competency exam(s) in content or qualify for an exemption as described in Policy 5202 in the area for which the prospective CTR is seeking certification.

8.2.b. The prospective CTRs shall only be eligible to serve as the teacher of record in a teaching position in the county which has been posted and for which no other fully certified teacher has been employed.

8.2.c. The agreement between the IHE and the county board of education shall include the specifics regarding the program of instruction and the responsibilities for supervision and mentoring by the IHE, the school principal, peer, and mentor teachers.

8.2.d. The salary and benefit costs for the position to which the CTR is assigned shall be used only for program support and to pay the CTR a stipend that is no less than 65 percent of all state aid funding. The remaining state aid funds will be split between the IHE and the school district in accordance with the calculations in the approved budget to support supervision, mentoring and professional development for the CTR.

8.2.e. The prospective CTR shall be either in the student teaching semester and hold or is eligible to hold a student teaching permit or be in Residency 2 and hold or is eligible to hold a Long-Term Resident Permit.

8.2.f. The prospective CTR shall satisfy the requirements for the CTR Permit as identified in Policy 5202.

8.3. CTR School Counselor Minimum Requirements.

8.3.a. The prospective CTR School Counselor shall: 1) have completed the content preparation courses with a minimum 3.0 GPA in the area of specialization; 2) have the proficiency score(s) on the state competency exam(s) in pre-professional skills or qualify for an exemption as described in section 5.5.c; and 3) have met the proficiency score(s) on the state competency exam(s) in content or qualify for an exemption as described in Policy 5202 in the area for which the prospective CTR School Counselor is seeking certification.

8.3.b. The prospective CTR School Counselor shall only be eligible to serve in a school counselor position in the county which has been posted and for which no other fully certified teacher has been employed.

8.3.c. The CTR School Counselor Agreement between the IHE and the county board of education shall include the specifics regarding the program of instruction and the responsibilities for supervision and mentoring by the IHE, the school principal, peer, and mentor counselor.

8.3.d. The salary and benefit costs for the position to which the CTR School Counselor is assigned shall be used only for program support and to pay the CTR School Counselor a stipend that is no less than 65 percent of all state aid funding. The remaining state aid funds will be split between the IHE and the school district in accordance with the calculations in the approved budget to support supervision, mentoring and professional development for the CTR.

8.3. e. The prospective CTR School Counselor shall be in the clinical experience semester and hold or is eligible to hold a clinical permit.

8.3.f. The prospective CTR School Counselor shall satisfy the requirements for the CTR School Counselor Permit as identified in Policy 5202.

W. Va. Code R. § 126-114-9 Professional Educator Preparation Program (EPP) Requirements: Student Support and Administration

9.1. Program Components. All student support and administrative preparation programs shall consist of three components: pre-professional skills, content specialization, and professional education. The three components, including the associated educational technology and skills, are necessary to satisfy WVBE-approved program requirements.

9.2. Pre-professional Skills Component. All provisions of this component described for teaching specializations (see section 6.5) apply for student support and administrative specializations.

9.3. Content Specialization Component. All provisions of this component described for teaching specializations (see section 6.6) apply for student support and administrative specializations except in section 6.6, state-approved content standards and for the public school curriculum pertaining to the specialization standards.

9.3.a. Instructional Technology Content in Student Support and Administrator Preparation. All student support and administrator preparation programs must contain a minimum of three semester hours of preparation, stand alone or embedded, in instructional technology which incorporate the standards.

9.4. Professional Education Component.

9.4.a. Component Description. The professional education component for student support services and administrative programs prepares the candidate to integrate the professional pedagogy and the specialization knowledge and skills in an educational setting for the delivery of effective student support services programs or effective leadership roles.

9.4.b. Component Assessment. The component shall be assessed as part of the program review process.

9.4.b.1. Performance assessment instruments and procedures shall be developed at the institutional level or adopted as specified in section 6.7 and procedures for their administration shall be based on the professional education standards and those performance indicators that are implied in the content specialization standards.

9.4.b.2. The acceptable proficiency level on the professional performance assessment shall be established collaboratively by public school administrators, student support personnel or administrators, and teacher education faculty or an adopted TPA instrument; the proficiency level and/or cut score must be set at or above the national average adopted score/proficiency level or instrument-developer recommended score/proficiency level.

9.4.c. Teacher’s Assessment and Proficiency Levels.

9.4.c.1. Professional Knowledge Assessment and Proficiency Levels. Each candidate completing a WVBE-approved program shall be assessed using the IHE’s developed or adopted performance instrument(s) and procedures developed collaboratively with cooperating public school personnel. A candidate for a student support services specialization is required to complete a performance assessment in each specialization for which licensure is requested. The specialization will be the pre-k-Adult programmatic level. The performance assessment must be completed at two programmatic levels: elementary, and middle or high school level. Experience at the middle and high school level not covered during the clinical practice shall be completed by field experience.

9.4.c.2. The performance assessments for administrative endorsements shall be administered by a local team composed of the IHE supervisor and public school cooperating personnel or their specified designee. When a public school cooperating teacher is not available to administer the performance assessment, IHE may designate an IHE-based clinical supervisor in lieu of the public school supervisor. Verification that the candidate has attained the proficiency level shall be determined by both college supervisor and cooperating public school personnel, except where the IHE-based clinical supervisor is used under the conditions noted.

W. Va. Code R. § 126-114-10 Additional Program Requirements

10.1. Educator Program Provider Advisory Council (EPPAC). Each EPP that offers a WVBE‑approved EPP of study shall have an EPPAC comprised of representatives from college and university educators, teacher candidates, public school administrators and classroom teachers, and community representatives. The WVDE shall appoint a liaison to serve as a member of each institution’s EPPAC. The liaison to the IHE from the WVDE shall serve in a nonvoting role. EPPAC serves as an advisory body to the EPP’s chief officer in developing and reviewing all programs and policies for the preparation of educational personnel with the EPP. The EPPAC shall meet at least once a semester and shall review matters pertaining to the preparation and licensure of teachers including the following:

10.1.a. new and revised preparation programs;

10.1.b. admission, retention and exit criteria;

10.1.c. pre-professional skills, including trauma-informed and social-emotional best practices, content specialization, and professional education assessments;

10.1.d. educational technology activities and assessments;

10.1.e. annual testing and supply/demand reports;

10.1.f. WVBE and national program reviews and findings;

10.1.g. WVBE educational preparation and licensure policies and statutes;

10.1.h. recruitment of students;

10.1.i. clinical and field experiences; and

10.1.j. development and preparation of policies and programs for inclusion in WVBE self-study materials.

10.1.k. EPP of Study Modifications. Substantive program of study modification (e.g., addition or deletion of courses, significant changes in course content or clinical experiences) must be submitted to the EPPAC for review. Following the EPPAC review, the EPP’s administrator for programs of study shall submit a letter summarizing the nature of changes and new curriculum summary sheet to the WVBE. An EPP may change up to 25 percent of a teaching certification program’s credit hours in either the professional knowledge components or the content specialization courses without EPPRB re-approval. (This applies to adding/dropping courses, not content changes to courses.) If more than 25 percent of a program’s credit hours change from the initial EPPRB approval or last EPPRB approval of a revision in either the professional knowledge components or the content specialization courses, then the EPP must resubmit the proposed changes to the EPPRB for review and re-approval. After its review of proposed program modifications, the EPPRB will submit its recommendation for acceptance or rejection of the proposed changes to the WVBE. The WVBE shall acknowledge by letter to the IHE’s administrator for programs of study the WVBE’s acceptance or rejection of the modification. If accepted, the modification shall be incorporated into the EPP’s approved program materials on file with the WVDE and with a WVBE‑approved national accreditor. Any changes made to an existing WVBE-approved EPP shall be included in the IHE’s annual report submitted to the WVBE-approved national accreditor and will subsequently be reviewed as part of the accreditation review process.

10.1.l. An executive summary, including supporting appendices of all EPPAC meetings, shall be included in the EPP’s annual report.

10.2. Second Field/Programmatic Level Requirements. An EPP may offer specializations at single or multiple programmatic levels as found in Policy 5202, Appendix A. However, the IHE may establish a policy related to the number of programmatic levels and specializations required for a candidate to satisfy an approved program and recommendation for licensure except for specializations identified in section 9.3.

10.3. Specialization Prerequisites and Restrictions.

10.3.a. Reading Education. Reading education must be taken in combination with a general education specialization leading to an endorsement on a Professional Teaching Certificate. The reading education endorsement shall reflect those grade levels that appear on an individual’s Professional Teaching Certificate as they relate to the general education endorsement(s).

10.3.b. Special Education. Effective July 1, 2016, individuals who were admitted to EPPs in autism, emotional disturbance (excluding autism), intellectual disabilities (mild/moderate), multi‑categorical, and specific learning disabilities and who held, qualified for, or were simultaneously completing a specialization in biology, chemistry, early childhood, elementary education, English, general science, mathematics, physics, and/or social studies, may be recommended for licensure at which time they have met to the satisfaction of the IHE’s content requirements of the WVBE-approved program.

10.3.b.1. Additional Endorsement in Autism. Individuals who hold a Professional Teaching Certificate endorsed in Emotional Disturbance, Multi-Categorical Special Education, Intellectual Disabilities (Mild/Moderate), Severe Disabilities, or Pre-School Special Needs or the equivalent to these endorsements as previously defined in this policy may receive an additional endorsement in Autism provided they make application and successfully complete six semester hours of coursework in Autism from a regionally accredited IHE.

10.3.b.1.A. Autism Field Experience. At least one and one-half credit hours of the six required semester hours of coursework must be comprised of field-based experiences or applicant must provide written verification of a minimum of 30 hours of field-based experiences serving students with Autism.

10.4. Program Requirements, Assessments, and Test Scores.

10.4.a. Validity of Test Scores.

10.4.a.1. The licensure tests and passing scores required by the WVBE as set forth in this policy shall remain valid for 12 months after completion of an approved program for licensure (as stated in Policy 5202, section 4.71.a) where the applicant was continuously enrolled even if the test and or score required by this policy has changed.

10.4.a.2. A candidate whose test and/or scores do not meet current testing requirements at the time of application for licensure is required to satisfy current tests and passing scores.

10.4.b. Failure to Apply for Licensure. A candidate who fails to apply for licensure within 12 months from the date of completing an approved program for licensure is required to satisfy any current and additional test and program components in effect at the time of application and to comply with conditions outlined for the validity period.

10.4.c. Tests Required for New Specializations on a Professional Certificate. A candidate who wishes to add a new specialization to the candidate’s Professional Teaching Certificate by completing an approved program at an accredited IHE is required to satisfy, in addition to the approved program content requirements, the content test requirement, if a test is required. It is assumed that a candidate who holds a Professional Teaching Certificate has previously satisfied requirements in preprofessional skills and professional education components and that a candidate who holds either the Professional Support or Professional Administrative Certificate has satisfied the preprofessional skills component. Institutions may modify this requirement for a candidate seeking an additional specialization based on the candidate’s work or career experiences. In addition to satisfying the approved program content requirements and testing requirements for the new content specialization, if available, individuals wishing to add a new specialization to the Professional Teaching Certificate must also complete a clinical experience which includes a performance assessment as defined in section 6.7.b. EPPs will determine the method for and the amount of clinical and/or field-based experiences necessary to satisfy the requirements specified in section 6.7.b.

10.4.d. Content test requirement as a requirement of program completion: Effective January 1, 2017, candidates shall obtain passing scores on grade-level appropriate, WVBE-adopted Praxis II content test(s) as described in the West Virginia Licensure Testing Directory on the WVDE website as a requirement of program completion.

10.4.e. Content test requirement as a requirement for clinical experience. Effective July 1, 2017, candidates shall obtain passing scores on grade-level appropriate, WVBE-adopted Praxis II content test(s) or meet the criteria as described in the West Virginia Licensure Testing Directory in order to enter the student teaching assignment/clinical experience component of the WVBE-approved program. Speech‑language pathologist candidates are exempt from this requirement and do not need to provide passing content proficiency scores prior to completing the clinical experience.

W. Va. Code R. § 126-114-11 Authorization and Accreditation Requirements

11.1. Institutional Authorization. A publicly supported EPP must be authorized by its governing board to offer programs of study leading to West Virginia licensure, evidenced by a letter from the WVHEPC. In the case of EPPs housed in private IHEs, a letter from the chief executive officer of the entity authorizing the EPP of study must be provided.

11.2. Institutional Accreditation. An IHE offering WVBE-approved programs of study must hold regional accreditation as defined in section 5.

11.3. National Accreditation. All EPPs offering programs of study that lead to licensure to work in the public schools of West Virginia must meet WVBE-approved national accreditor’s eligibility criteria or be in the WVBE-approved national accreditor’s candidacy process.

11.3.a. Association for Advancing Quality in Educator Preparation (AAQEP). All guidance to be found in the policy document(s) and AAQEP Guide.

11.3.b. Council for the Accreditation of Educator Preparation (CAEP). All guidance to be found in the CAEP policy document(s) and CAEP Handbook.

11.4. Content Specialization Approval. All content specializations and endorsements offered by an EPP that lead to licensure shall be recognized by the appropriate national standards board (i.e., NCTE, CEC, NCTM, NELP) or programs leading to initial licensure may be approved by the WV CAPA.

W. Va. Code R. § 126-114-12 Education Preparation Program (EPP) Approval

12.1. Granting of Approved Program Status. The WVBE is the statutory body with the authority to recognize EPPs leading to the licensure of teachers to serve in the public schools of West Virginia. The EPPRB will recommend approval status to the WVBE consistent with sections 14 and 15.

12.2. Initial Program Provider Approval.

12.2.a. Request for Institutional Approval. An IHE that does not currently offer WVBE-approved programs and that meets eligibility criteria to become a WVBE-approved national accreditor’s candidate may notify the WVBE of its desire to become an EPP provider and offer programs of study leading to licensure of teachers to serve in the public schools of West Virginia. This notification must be submitted in writing to the WVBE as least one year prior to the anticipated implementation date of the proposed program(s).

12.2.b. Prerequisite Requirements. Effective July 1, 2016, an IHE seeking approval to offer a WVBE‑approved EPPs must meet authorization and accreditation requirements indicated in section 12 prior to the review of the proposed program.

12.2.c. Proposal. Proposal and program approval procedures and requirements for a new EPP are described in administrative guidelines available from the WVBE.

12.2.d. EPP Approval Status. The WVBE may grant Initial Approval Status to new programs of study prior to their inclusion in the EPP’s accreditation review. Also, the WVBE, upon recommendation of EPPRB, may classify the status of EPPs and additional programs as follows: Initial Approval Status, Continuing Approval Status, and Probationary Approval Status.

12.2.d.1. Initial Approval Status. Following a review and recommendation by the EPPRB, the WVBE may grant initial approval to a new EPP and/or new program of study that has not previously been included in the EPP’s accreditation review or that have not previously been offered by the EPP. Initial Approval Status may be granted by the WVBE for a period of five years. The EPP will be required to document in its annual report that the progress it is making ensures the success of its graduates to promote student achievement in the public schools in the IHE’s service region. During the Initial Approval Status stage, the EPP may recommend graduates for West Virginia certification.

12.2.d.2. Continuing Approval Status. Following a review and recommendation by the EPPRB, the WVBE may grant Continuing Approval Status to those EPPs and/or program that have received Full Accreditation. To maintain Continuing Approval Status programs with the WVBE, EPPs must undergo the accreditation review and receive regular approval according to the accreditor's guidelines.

12.2.d.3. Probationary Approval Status. Following a review and recommendation by the EPPRB, the WVBE may assign Probationary Approval Status to EPPs and/or programs that have been assigned Probationary Approval Status by their WVBE national accreditor.

12.2.e. In the event of a national accreditation revocation or denial of accreditation of an EPP, the EPPRB will review the accreditor’s evaluation of the EPP and make a recommendation to the WVBE.

12.3. Review of Programs of Study.

12.3.1. Programs shall seek initial national or state recognition once 10 candidates have completed the program or when program reports are due for an upcoming WVBE-approved accreditation visit. Programs must maintain national, or state recognition of all content areas being recommended for licensure through the processes identified by the national accreditation agencies or through the WV CAPA process. The failure of any program to obtain national or state recognition may be subject to having the EPP’s program approval status revoked. The WVBE may choose to grant the program probationary status for a defined time period while recognition is sought or to terminate the certification authority of the program. During a period of probation, no new candidates may be admitted to the program, and existing candidates must be informed of the probationary status of the program. If certification authority is terminated by the WVBE, no new candidates can be admitted, and the existing candidates have two years to complete the program. If existing candidates do not complete the program within two years or a WVBE‑approved time period, they must transfer to another WVBE-approved program of study or program provider or they will not be eligible for licensure. When any EPP is terminated, the IHE shall notify all current and potential internal candidates of the status of its program.

W. Va. Code R. § 126-114-13 Educator Preparation Program Review Board (EPPRB)

13.1. EPPRB Purpose. The WVBE has created the EPPRB to make recommendations to the WVBE regarding initial and continuing EPP approval.

13.2. EPPRB Composition. The EPPRB shall be comprised of seven voting members selected from a pool of trained EPP of study assessors/examiners. Three members shall represent higher education with two representatives appointed by the WVHEPC and one representative appointed by the West Virginia Independent Colleges and Universities. Three members shall represent public education, grades pre‑k‑Adult, appointed by the WVBE. Each year the chairperson of the WVCPTS shall appoint a higher education representative of the WVCPTS to the EPPRB. The terms of the EPPRB members shall be for three years. EPPRB members must exempt themselves from deliberations and actions related to the status of an EPP if employed by that IHE or serving as a team member during the IHE’s program review. EPPRB members may not be appointed to serve more than two consecutive terms.

13.3. EPPRB Functions. The primary functions of the EPPRB are to review and make recommendations regarding:

13.3.a. documents submitted by EPPs requesting Initial Status for a new EPP of study that has not previously been included in any WVBE-approved national accreditation review;

13.3.b. documents related to EPP proposed content specializations that have not previously been included in the WVBE-approved national accreditation review;

13.3.c. documents submitted by EPPs requesting Approval Status for a Revised Program of Study; and

13.3.d. approval of a new EPP that desires to deliver an EPP of study that leads to licensure to work in the public schools of West Virginia.

13.4. EPPRB Procedures. EPPRB members must exempt themselves from deliberations and actions related to the status of an EPP if a member is a current employee of that EPP or served as a team member during the EPP’s national accreditation review. The EPPRB shall meet at least once each semester unless no materials have been submitted to it for review and recommendation. Any new content specialization recommended for implementation will be recommended for approval on a timeline consistent with the EPP’s national accreditation review cycle. If the EPPRB determines and verifies in its written report that a proposed new program of study or content specialization has serious weaknesses or lacks verification that the standards have been met, the EPPRB may recommend that the WVBE not grant approval. WVDE guidelines are developed for procedures for the operation of the EPPRB.

13.5. EPPRB Process for Review and Re-approval of a Revised Program of Study. An EPP may change up to 25 percent of a teaching certification program’s credit hours from original WVBE-approved program in either the professional knowledge components or the content specialization courses without WVBE re‑approval. (This applies to adding/dropping courses, not content changes to courses.) If substantive changes are made or more than 25 percent of a program’s credit hours change from the initial EPPRB review or last WVBE approval of a revision in either the professional knowledge components or the content specialization courses, then the EPP must resubmit the proposed changes to the EPPRB for review and WVBE re-approval.

W. Va. Code R. § 126-114-14 Procedures for Initiating a New Content Specialization (Educator Preparation Program (EPP) of Study)

14.1. Authorization. An EPP currently delivering approved programs of study must obtain approval from its governing board/body for the implementation of any new program prior to seeking review by the WVBE. All EPPs participating in the collaborative delivery of a program shall obtain the authorization of their respective boards/bodies.

14.2. Self-Study. An EPPAC review of the new content specialization/program of study must be documented.

14.3. EPPRB. The self-study shall be submitted to the EPPRB for review. Upon review of the self-study, the EPPRB may:

14.3.a. recommend to the WVBE that the program of study be granted Initial Program Approval status and allow the program to be implemented, with the terms and conditions described in section 5; or

14.3.b. require additional documentation (written and/or as a result of an on-site review) to further determine the program’s readiness for implementation; or

14.3.c. require additional program development before the program is recommended for implementation. The EPP may request technical assistance from the authorized agency as provided in section 19.

14.3.d. if the program proposal is denied, an EPP may submit a new proposal for review at the next regularly scheduled EPPRB meeting. The EPP may request technical assistance from the authorized agency as provided in section 19.

W. Va. Code R. § 126-114-15 Procedures for WVBE Approval for a Revised Educator Preparation Program (EPP) of Study

15.1. Authorization. An EPP currently delivering approved programs of study must obtain approval from its governing board/body as defined in section 5 for the implementation of programs of study that have a significant change from the program of study initially approved by WVBE as defined in section 12.

15.2. Revised Proposal. The EPP must develop a revised proposal that addresses all criteria established in the WVBE Administrative Guidelines. An EPPAC review of the revised program must be documented.

15.3. EPPRB. The revised proposal shall be submitted to the EPPRB for review. Upon review of the revised proposal, the EPPRB may:

15.3.a. recommend to the WVBE that the revised program of study be granted Approval for a Revised EPP of Study and allow the program to be implemented with the terms and conditions described in section 5; or

15.3.b. require additional documentation (written and/or as a result of an on-site review) to further determine the program’s readiness for implementation; or

15.3.c. require additional program development before the revised program is recommended for implementation. The EPP may request technical assistance from the authorized agency as provided in section 19.

15.3.d. if the revised proposal is denied, an EPP may submit revisions to the proposal for review at the next regularly scheduled EPPRB meeting. The EPP may request technical assistance from the authorized agency as provided in section 19.

W. Va. Code R. § 126-114-16 Procedures for WVBE Approval of a New Educator Preparation Program (EPP) Provider Not Currently Approved to Offer Educator Preparation Programs (EPPs) of Study Leading to Licensure

16.1. Authorization. An EPP not currently delivering approved programs of study and that meets a WVBE-approved national accreditor’s eligibility criteria and is in the WVBE-approved candidacy process must obtain approval from its governing board/body as defined in section 5 prior to seeking review and approval by the WVBE. All EPPs participating in the collaborative delivery of a program shall obtain the authorization of their respective boards/bodies.

16.2. Proposal. The EPP must develop a proposal that addresses all criteria established by its WVBE‑approved national accreditor and WVBE.

16.3. Educator Preparation Program Review Board (EPPRB). The proposal shall be submitted to the EPPRB for review. Upon review of the proposal, the EPPRB will make a recommendation to the WVBE about whether the EPP should receive initial approval to offer educational preparation programs of study that result in licensure to work in the public schools of West Virginia. Upon receiving approval to become an EPP in West Virginia, the EPP may then submit programs of study to the EPPRB for a recommendation for Initial Approval Status as defined in section 5.

W. Va. Code R. § 126-114-17 Procedures for Initiating and Evaluating a Pilot Program and Initiatives

17.1. Pilot Programs and Initiatives. An EPP currently offering approved programs of study may seek approval for a pilot preparation program in a teaching, student support services or administrative area in a non‑traditional manner or where there is no current WVBE-approved specialization leading to West Virginia licensure provided the proposal contains enough justification to warrant the new specialization. An EPP may seek approval for pilot initiatives in educator preparation, student support services or administration that support the successful completion of an approved program that leads to licensure. The EPP is encouraged to collaborate with the WVDE during the initial planning stage. The EPP must identify the program/initiative objectives to be used for summative evaluation. All aspects for the review and approval of an experimental program, other than WVBE adopted program objectives, are the same as those outlined in section 15. The experimental programs/initiatives must comply with the guidelines adopted by the WVDE.

17.2. Evaluation Options. An EPP operating approved programs of study may seek approval for a waiver from component requirements and/or procedures in current policy for evaluation purposes to determine if the alternative process described in the waiver prepares candidates who perform as effectively as candidates who have been prepared according to the component requirements in current policy. Such request must be in writing and submitted to the EPPRB.

17.3. Proposal and Reporting Guidelines. An EPP that seeks approval to offer a pilot program or a waiver of current policy must submit the proposal using sound research methodology by clearly indicating the objective of the project, the persons and agencies involved, the duration of the project, the assessment procedures and timeline, and the project coordinator. The EPP must also agree to prepare and submit a summary of its findings to the EPPRB, the WVCPTS, and the WVDE.

17.4. Validity Period of Experimental Program. The experimental pilot program may operate for a maximum of five years. The EPP must present required program data to the WVDE/EPPRB within three to five years of operating an experimental pilot program. After three-years of operating a pilot program, an EPP may request initial approval, as defined in section 13, by submitting the summary of the pilot program data along with a proposal for initial approval status to the EPPRB for review and recommendation.

W. Va. Code R. § 126-114-18 Educator Preparation Program (EPP) Approval Waiver

18.1. Waivers for new EPPs. EPPs may be granted a waiver by the WVBE based on critical teacher shortage areas and subject to WVBE-approved national accreditation guidelines.

18.2. Waiver for Programmatic level changes. EPPs with a secondary 5-Adult WVBE-approved program of study in mathematics or general science may recommend candidates for 5-9 licensure if a candidate has completed all 5-Adult program requirements, completed a middle school clinical experience, and obtained a passing score on the 5-9 required Praxis exam.

W. Va. Code R. § 126-114-19 Technical Assistance

19.1. Technical Assistance in Program Development. At the request of a West Virginia EPP provider, the WVDE shall provide technical assistance for purposes of program development.

W. Va. Code R. § 126-114-20 Federal Monitoring

20.1. Federal legislation requires the WVDE to conduct institutional monitoring following federally established guidelines. Federal monitoring requirements will be implemented pursuant to the procedures set forth in this policy whenever possible.

20.2. Annual reporting of active programs that lead to licensure will be submitted to the WVDE for federal reporting and national accreditation verification.

W. Va. Code R. § 126-114-21 Severability

21.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Appendix A West Virginia Teacher Residency Model A teacher residency program is a school-based teacher preparation program offered in partnership with a county in which a prospective teacher:

A. is selected through a rigorous admissions process that is designed to:

a. attract candidates with the ability to acquire the skills needed to support student learning and positively impact pre-k-12 student achievement;

b. support the data-driven human capital needs of the county partnering with the program; and c. prioritize recruitment of individuals who reflect the communities in which they will teach and from underrepresented populations in the teaching profession.

B. teaches alongside an effective teacher of record, for not less than two consecutive semesters, who meets WVBE requirements as determined by policy.

C. receives concurrent instruction as part of a cohort of residents during the year:

a. through courses that may be taught by county-designated personnel and/or by faculty of the EPP that integrate pedagogy, classroom practice, and promote effective teaching skills; and b. in the content area in which the teacher will become certified or licensed.

D. acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the WVBE, which includes a TPA.

E. receives support from effective and experienced cooperating teachers:

a. who were carefully selected based on measures of teacher effectiveness and appropriate subject area knowledge; and b. who receive training and compensation for serving as cooperating teachers.

F. is included in the county induction program and pre-k-12 school induction programs process for support.

Developed by: National Center for Teacher Residencies (NCTR) and West Virginia Department of Education

Appendix BApproved Standards for Program Development and for Completion of West Virginia Approved Programs Leading to West Virginia Licensure GENERAL EDUCATION SPECIALIZATIONS Approved Program Specializations AGRICULTURE **This endorsement is not eligible to be added to a professional certificate under the option in section 21.1.b of this policy.

ALGEBRA I (5-Adult)

National Standards: NCTM AMERICAN SIGN LANGUAGE (Pre-k-Adult) ** National Standards: American Sign Language (ASL) Teacher Association **Note: A candidate who holds valid certification through the ASL Teaching Association or valid National Interpreter Certification through the Registry of Interpreters for the Deaf is not required to satisfy the Sign Language Proficiency Interview: ASL Proficiency Interview (Gallaudet University) requirement or PRAXIS Assessment of Signed Communication ASL.

ART National Standards: Standards for Art Teacher Preparation BIOLOGY National Standards: National Science Teachers Association (NSTA)

BUSINESS EDUCATION

BUSINESS EDUCATION/MARKETING

National Standards: National Standards for Business Education CHEMISTRY National Standards: NSTA* CHINESE National Standards: American Council on the Teaching of Foreign Languages (ACTFL)

COMPUTER SCIENCE EDUCATION

National Standards: International Society for Technology in Education (ISTE)* DANCE National Standards: National Dance Association DRIVER EDUCATION EARLY CHILDHOOD EDUCATION (K-4)

National Standards: Association for Childhood Education International (ACEI) or CAEP-identified standards EARLY EDUCATION (Pre-k-K)

National Standards: National Association for the Education of Young Children* (NAEYC)

EARTH AND SPACE SCIENCE (5-AD)

National Standards: NSTA ELEMENTARY EDUCATION (K-6)

National Standards: ACEI or CAEP-identified standards or CAEP Elementary Performance Standards K-6 ELEMENTARY MATHEMATICS ENDORSEMENT (K-6)

National Standards: ACEI or CAEP-identified standards, WV Elementary Mathematics Specialty Standards for Endorsement Programs ELEMENTARY MATHEMATICS SPECIALIZATION (K-6)

National Standards: National Council of Teachers of Mathematics (NCTM)

ELEMENTARY MATHEMATICS SPECIALIST (K-6)

National Standards: NCTM, WV Elementary Mathematics Specialist Standards for master’s degree Programs ENGLISH (5-Adult)

National Standards: National Council for Teachers of English* (NCTE)

ENGLISH (5-9)

National Standards: NCTE* ENGLISH AS A SECOND LANGUAGE (Pre-k-Adult)

National Standards: Teachers of English to Speakers of Other languages (TESOL)

FAMILY AND CONSUMER SCIENCE

National Standards: National Association of State Administrators of Family and Consumer Science FRENCH GENERAL MATHEMATICS – Algebra I (5-9)

National Standards: NCTM GENERAL SCIENCE (5-Adult)

National Standards: NSTA* GENERAL SCIENCE (5-9)

National Standards: NSTA* GEOMETRY (5-Adult)

National Standards: NCTM GERMAN HEALTH National Standards: SHAPE America-Health Education INSTRUCTIONAL TECHNOLOGY National Standards: National Education Technology Standards for Teachers, National Education Technology Standards for Administrators, National Education Technology Standards for Students, Learning Forward Standards for Professional Learning JAPANESE JOURNALISM LATIN National Standards: American Classical League MARKETING MATHEMATICS (5-Adult)

National Standards: NCTM* MUSIC National Standards: Music Education National Conference ORAL COMMUNICATION PHYSICAL EDUCATION National Standards: SHAPE-America-Physical Education PHYSICS National Standards: NSTA* PRESCHOOL EDUCATION National Standards: NAEYC* READING EDUCATION National Standards: International Reading Association* (IRA)

READING SPECIALIST

National Standards: Reading Specialist requires a completion of a master’s degree in Reading Specialist or a master’s degree and a Graduate Certification Program in Reading Specialist reflective on official seal bearing transcripts, IRA* **This endorsement is not eligible to be added to a professional certificate under the option in section 21.1.b of this policy.

RUSSIAN

SCHOOL LIBRARY/MEDIA

National Standards: American Library Association* (ALA), American Association of School Librarians (AASL)

SOCIAL STUDIES (5-Adult)

National Standards: National Council for the Social Studies* (NCSS)

SOCIAL STUDIES (5-9)

National Standards: NCSS* SPANISH (Test 5195 does not apply to 5-9)

TECHNOLOGY EDUCATION

National Standards: International Technology Education Association (ITEA), Council on Technology Teacher Education (CTTE)

THEATRE

National Standards: American Alliance for Theatre and Education WELLNESS (Pre-k-Adult) Health and Physical Education Comprehensive National Standards: SHAPE America-Health Education, SHAPE America-Physical Education ADMINISTRATIVE AND STUDENT SUPPORT SERVICES SPECIALIZATIONS SCHOOL COUNSELOR National Standards: Council for Accreditation of Counseling and Related Educational Programs SCHOOL NURSE National Standards: National Association of School Nurses – “Scope and Standards of Professional School Nursing Practice”

Valid West Virginia RN Licensure SCHOOL PSYCHOLOGIST National Standards: National Association of School Psychologists* (NASP)

SOCIAL SERVICES/ATTENDANCE

SPEECH ASSISTANT

SPEECH PATHOLOGIST

National Standards: American Speech-Language Hearing Association (ASHA)

PRINCIPAL, SUPERVISOR OF INSTRUCTION, SUPERINTENDENT

National Standards: Educational Leadership Constituent Council* (ELCC)

SPECIAL EDUCATION SPECIALIZATIONS

AUTISM

National Standards: Council for Exceptional Children* (CEC) **This endorsement is not eligible to be added to a professional certificate under the option in section 21.1.b of Policy 5202.

EMOTIONAL DISTURBANCE (Excluding Autism)

DEAF AND HARD OF HEARING

GIFTED

National Standards: National Association of Gifted Children, CEC* INTELLECTUAL DISABILTIES (MILD/MODERATE)

Multi-Categorical Special Education (ED, id, SLD, dd EXCLUDING AUTISM)

PRESCHOOL SPECIAL NEEDS (Pre-k-K)

SEVERE DISABILITIES

SPECIFIC LEARNING DISABILITIES

CEC*

VISUAL IMPAIRMENT

CEC*

Appendix C Table of Contents

W. Va. Code R. § 126-114-1 General 1

W. Va. Code R. § 126-114-2 Summary 1

W. Va. Code R. § 126-114-3 Purpose 1

W. Va. Code R. § 126-114-4 Authority of the WVBE 2

W. Va. Code R. § 126-114-5 Definitions 2

W. Va. Code R. § 126-114-6 Professional Educator Preparation Program (EPP) Requirements: Teacher Clinical Partnerships 7

W. Va. Code R. § 126-114-7 Alternative Preparation Program Requirements 17

W. Va. Code R. § 126-114-8 Clinical Teacher of Record (CTR) 17

W. Va. Code R. § 126-114-9 Professional Educator Preparation Program (EPP) Requirements: Student Support and Administration 18

W. Va. Code R. § 126-114-10 Additional Program Requirements 20 §126-114.11. Authorization and Accreditation Requirements 22

W. Va. Code R. § 126-114-12 Education Preparation Program (EPP) Approval 23

W. Va. Code R. § 126-114-13 Educator Preparation Program Review Board (EPPRB) 24

W. Va. Code R. § 126-114-14 Procedures for Initiating a New Content Specialization (Educator Preparation Program (EPP) of Study) 25

W. Va. Code R. § 126-114-15 Procedures for WVBE Approval for a Revised Educator Preparation Program (EPP)of Study 26

W. Va. Code R. § 126-114-16 Procedures for WVBE Approval of a New Educator Preparation Program (EPP)Provider Not Currently Approved to Offer Educator Preparation Programs (EPPs) ofStudy Leading to Licensure 26

W. Va. Code R. § 126-114-17 Procedures for Initiating and Evaluating a Pilot Program and Initiatives 27

W. Va. Code R. § 126-114-18 Educator Preparation Program (EPP) Approval Waiver 27

W. Va. Code R. § 126-114-19 Technical Assistance 28

W. Va. Code R. § 126-114-20 Federal Monitoring 28

W. Va. Code R. § 126-114-21 Severability 28

Appendix A, West Virginia Teacher Residency Model 29

Appendix B, Approved Standards for Program Development and for Completion of West Virginia Approved Programs Leading to West Virginia Licensure 30

Appendix C, Table of Contents 36

Series 115 Licensure By Examination (5110)

W. Va. Code R. § 126-115-1 General

1.1. Scope. -- These procedural rules establish the guidelines for issuance of endorsements through the National Teacher Examination.

1.2. Authority. -- W. Va. Code §18A-3-2

1.3. Filing Date. -- December 27, 1982

1.4. Effective Date. -- February 27, 1983

W. Va. Code R. § 126-115-2 Incorporation by Reference

2.1. Copy of rules and regulations attached. Copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education;

Bureau of General, Special, and Professional Education.

2.2. Summary of rules and regulations below.

Summary of rules and regulations.

Rules and regulations contain: eligibility to take the exam, issuance of additional endorsements, minimum scores for licensure and regulations for securing a certificate. Issuance of endorsements through the National Teacher Examination to individuals who do not already hold valid teaching certificates was discontinued effective August, 1982 since the National Teacher Examination was reconstituted as a new test. Notification to counties is attached.

LICENSURE BY EXAMINATION

July 1975 WEST VIRGINIA DEPARTMENT OF EDUCATION LICENSURE BY EXAMINATION TEACHER CERTIFICATION BUREAU OF LEARNING SYSTEMS July 1975 DANIEL B. TAYLOR STATE SUPERINTENDENT OF SCHOOLS WEST VIRGINIA DEPARTMENT OF EDUCATION F WEST VIRGINIA BOARD OF EDUCATION EXECUTIVE OFFICES Charleston, West Virginia 25305 Mrs. C. W. Bartram, President Kenova, 1974 James Paul Geary, Member Petersburg, 1978 Perce J. Ross. Vice-President Fountie N. Williams, Member Buckhannon, 1977 Clarksburg, 1979 Bob E. Myers, Secretary Dr. Samuel J. Baskerville. Member Huntington, 1976 Charleston, 1980 Elmus L. Snoderley, Member Dr. Carl J. Roncaglione, Member Fairmont, 1973 Charleston, 1981 A. H. Spangler, Member Bluefield, 1975 Ex Officio Member Ex Officio Member Daniel B. Taylor Ben L. Morton Superintendent Chancellor West Virginia Department of Education West Virginia Board of Regents FOREWORD The West Virginia Board of Education initiated an experimental program in 1958 for licensing graduates of regionally accredited colleges and universities who had not completed teacher education programs. This publication describes how West Virginia has utilized the National Teacher Examinations as a basis for professional licensure.

This method of licensing of teachers has proved to be a valuable asset to the State Und to those who have availed themselves of this opportunity. This edition of Licensure by Examination, 1975, accounts for several changes deemed to be desirable in the use of National Teacher Examinations, yet it continues to reflect the faith which the West Virginia Board of Education, the local education agencies, and the profession have in it as a practical alternative for the licensing of teachers who have not completed teacher education programs. By continued usage, monitoring, and modification of this program, the West Virginia Board of Education hopes to provide potential teachers with a choice. and in so doing, help solve problems of staffing in the areas approved for licensure.

Daniel B. Taylor State Superintendent of Schools CONTENTS Original Authorization and Purpose Eligibilityto Take the Examinations: Approved Specializations and Limitations The Issuance of Certificates ☒ dditional Endorsements at the Elementary and Secondary Levels ?

Licensure by Examination at New Grade Levels for Holders of the Professional Certificate Minimum Scores for Licensure Renewal of the Professional Certificate Issued Provisionally Conversion of Professional Certificate Issued Provisionally to a Five-Year Professional Certificate Regulations and Procedures for Securing a Certificate 4.

Testing Centers and Dates of Examinations V ! .

LICENSURE BY EXAMINATION

Original Authorization and Purpose On the recommendation of the West Virginia Advisory Council on Teacher Education and Professional Standards, the West Virginia Board of Education authorized on June 17, 1958, an experimental program of teacher licensure based on three factors: college graduation, scores made on the National Teacher Examinations, and teaching xperience in West Virginia in a classified school under the guidance of the supervisory aff of the county board of education. This experiment was planned primarily for:

(1) the liberal arts graduate who had confidence in his ability to become a teacher, and (2) the professionally certificated teacher who believed he was capable of transferring from one grade level to another or teaching a subject for which his certificate was not approved originally.

Eligibility to Take the Examinations: Approved Specializations and Limitations For certification purposes, the examinations prepared by Educational Testing Service, Princeton, New Jersey, and designated as the National Teacher Examinations. must be taken after the candidate has completed all requirements for a bachelors degree in an accredited college. Examinations are available in the following specializations:

Art. Biological and General Science. Business Education, Early Childhood Education, Elementary Education, Mental Retardation, English, French, German, Home Economics, Industrial Arts, Mathematics, Physical Education (men and women), Music, Social Studies, Spanish, and Speech. The holder of an expired Professional Teaching Certificate, which is renewable, must meet renewal requirements. One may not be certificated by examination in the specializations and grade levels for which a certificate was originally issued.

The Professional Teaching Certificate, granted on the basis of scores achieved on the National Teacher Examinations, may not be used as the basis for the issuance of a Professional Administrative Certificate or for an additional endorsement, other than by examination. until such time as it is converted to the Professional Teaching Certificate valid for a five-year period.

The Issuance of Certificates A Professional Teaching Certificate issued provisionally for a three-year period may be granted provided:

(a) The applicant achieves the minimum scores on all test areas (Teaching Area and Common) as shown in Table I for licensure on the National Teacher Examinations in the specialization(s) for which he is requesting licensure.

(b) The applicant has completed all requirements for a bachelors degree from an accredited college at the time he takes the National Teacher Examinations.

(c) The superintendent verifies the applicant is employed to teach full-time in a classified schoo! in West Virginia in the specialization(s) and grade level in which the examination was taken; or The applicant who desires licensure in a specialization for which no teaching area examination is offered, may be granted a Professional Teaching Certificate issued provisionally for a three-year period provided:

(a) The applicant achieves the following scores on the Common Examinations:

Professional Education 248; General Education 372; and the Weighted Common 620.

(b)

The applicant meets the institution's approved program in the specialization if he is a graduate of a West Virginia institution of higher education and the college verifies the applicant has completed its approved specialization program and recommends the licensure of the applicant. Graduates of out-ofstate institutions will have their credentials evaluated by the Division of Professional Development Systems in terms of Standards for the Accreditation Teacher Prepara: on Programs in West Virginia.

(c) The State recognizes certification in the desired specialization at the bachelors degree level.

(d) The employing superintendent verifies the applicant is employed to teach fulltime in a classified school in West Virginia in the specialization and grade level for which he is requesting licensure.

Additional Endorsements at the Elementary and Secondary Levels The holder of a Professional Teaching Certificate valid for an academic specialization in Grades 7-12 or K-12 who wishes to qualify for an additional teaching specialization in Grades 7-12 or Music, Grades K-12, must meet the minimum score in the teaching area examination in order to have the additional specialization added to his Professional Certificate. See Table I for minimum scores.

The holder of a Professional Certificate valid in Grades 1-6 or 1-9 and endorsed for elementary education who wishes to qualify for teaching Early Education (ages 3-8) must meet the minimum score in the . Early Childhood Area Examination in order to have the endorsement added to his Professional Certificate. See Table I for minimum score.

Licensure by Examination at New Grade Levels for Holders of the Professional Certificate The holder of a Professional Teaching Certificate who wishes to teach at a different grade level or in special education (Mental Retardation) may be granted an additional Professional Certificate provided he meets the minimum score in the desired specialization and the employing superintendent verifies that the applicant is employed teach full-time in a classified school in West Virginia in the specialization(s) and gra level(s) in which the examination was taken. See Table I for minimum scores. The renewal and conversion requirements outlined in this booklet are applicable to the Professional Teaching Certificate issued on the basis of scores achieved on the National Teacher Examinations. The two Professional Certificates may not be combined until such time as both certificates have been converted to Professional Certificates valid for five years.

E TABLE I - MINIMUM SCORES FOR LICENSURE

SPECIALIZATION

TEACHING AREA

PROFESSIONAL EDUCATION

GENERAL EDUCATION

WEIGHTED COMMON

Art. Grades 7-12 Biological and General Science, Grades 7-12 Business Education, Grades 7-12 *Early Childhood (Early Education) ** Elementary Education, Grades 1-6 Mental Retardation, Grados K - 12 English, Grades 7-12 French, Grades 7-12 German, Grades 7-12 Home Economics (General). Grades 7-12 Industrial Arts, Grades 7-12 Mathematics, Grades 7-12 Physical Education. Grades 7-12 (Men)

Physical Education, Grades 7-12 (Women)

Music, Grades K- 12 Social Studies, Grades 7-12 Spanish. Grades 7-12 Speech, Grades 7-12 *Teachers who do not hold a Professional Certificate endorsed for teaching Elementary Education must moot the minimum scores for the Professional Certificate endorsod for Elementary Education in addition to the Early Childhood teaching area examination. ** Elementary education is defined as teaching in a multi-subject elementary school instructional program or self-contained classroom. 'Only teaching assignments which conform to this definition are acceptable for the initial issuance of the certificate or for conversion purposes.

Renewal of the Professiona' Certificate Issued Provisionally The holder of a Professional Certificate issued provisionally on the basis of the examination who has not completed three years of successful teaching experience in accordance with the spec alization(s) and grade level(s) on his teaching certificate in a classified school in West Virginia, may renew his certificate by fulfilling one or more of the objectives of a Commitment to Continuing Education, which one must sign with the county superintendent prior to enrolling for renewal credit.

The Professional Certificate issued provisionally may be renewed for a three-year period provided:

(a) The applicant completes six semester hours of credit with a "C" average which fulfills his Commitment to Continuing Education. (Objectives A-D only)

(b) The institution certifies that the credit earned was in agreement with the applicant's Commitment to Continuing Education.

(c) The superintendent with whom the applicant signed his Commitment to C tinuing Education or under whom he is now employed recommends the renewal of the applicant's certificate.

The procedure for renewing a Professional Certificate issued provisionally is described in the Program of Continuing Education which is outlined in the booklet. Minimum Standards for the Licensure of West Virginia School Personnel.

For renewal or conversion purposes, all credit must be earned subsequent to the issuance of the certificate to be renewed and within the five-year period immediately preceding the date of application.

Conversion of Professional Certificate Issued Provisionally to a Five-Year Professional Certificate The Professional Certificate issued provisionally may be converted to the fiveyear Professional Certificate provided:

a) The applicant completes subsequent to the issuance of his initial Professional Certificate, three years' of successful teaching experience in accordance with the specializationts) and grade level(s) on his teaching certificate and in a classified school in West Virginia.

(b) The applicant completes six (6) semester hours of credit with a "C" average which fulfills his Commitment to Continuing Education (Objectives A-D). Educational travel may not be used for converting to the five-year certificate.

(c) The applicant makes application for a five-year certificate not later than the third year following the expiration of the certificate which was issued on

basis of scores achieved on the National Teacher Examinations. 'A year of teaching experience shall be allowed any teacher who has been employed and renders service for at least two-thirds of the number of days in a ten month employment term. (See Code 18-5-15)

(d) The college or university certifies that the credit earned was in agreement with the applicant's Commitment to Continuing Education (e) The superintendent under whom the applicant was last employed recommends the applicant as a successful teacher on a form provided by the Coordinator for Teacher Certificat on.

(f) The superintendent under whom the applicant was last employed certifies that the applicant has completed three years of successful teaching experience in accordance with the specialization(s) and grade level(s) on his certificate.

(g) The superintendent under whom the applicant was last employed recommends that the applicant's certificate be converted to the Professional Certificate, valid for five years, Persons who are regularly employed on teaching permits and are subsequently licensed by examination during the school year, may count this year of teaching toward three years of experience required for the five-year certificate provided they are Inted the Professional Certificate prior to the close of the school year in which they are employed on the permit.

It is assumed that the teacher who makes application to convert a three-year certificate to the five-year certificate shall be under contract in a West Virginia school system at the time recommendation is made by the superintendent under whom the teacher was last employed.

Regulations and Procedures for Securing a Certificate In no case shall the applicant be eligible for certification if the testing date was more than five years prior to the date of application. Standards in effect at the time of application rather than date of examination must be met.

(a) If the candidate makes the required scores, he should secure an application for a Professional Certificate from his county superintendent.

(b) If the candidate makes the required scores, he should complete the applicant's

section of the form and send it to his employing superintendent who will certify by letter to the Coordinator for Teacher Certification the applicant's teaching assignment.

(c) If the candidate makes the required scores, he should request the college from which he was graduated to send an official transcript of his credits to his county superintendent to be attached to his application when it is forwarded to the Coordinator for Teacher Certification. < (d) If the candidate makes the required scores, he should request Educational Testing Service to send a transcript of his scores on the examinations to the Coordinator for Teacher Certification. ☒ (e) If the candidate makes the required scores, he should make application as soon as he is employed.

(f) The county superintendent shall mail the application form. transcript of credits, and letter concerning the applicant's teaching assignment to the Coordinator for Teacher Certification.

Testing Centers and Dates of Examinations The West Virginia Board of Education has approved the following institutions to serve the State as testing centers for the National Teacher Examinations. The names of the centers and the test directors are as follows:

Bluefield State College John Neill Concord College Kevin O'Sullivan Davis and Elkins College James Parks Fairmont State College William Julian Glenville State College Kermit Kinder Marshall University Robert Eddins Morris Harvey College Benjamin King Salem College Isaac Maxwell Shepherd College Harry Young W.Va. Institute of Technology Robert School West Liberty State College Diane Slussar West Virginia State College Nelson Bickley West Virginia University Michael Yura West Virginia Wesleyan College Robert Galvin Examinations are scheduled three times annually: July, November and February Registration must be completed four weeks prior to the date of examination through Educational Testing Service, Box 911, Princeton, New Jersey. Applications may be secured from the local testing center.

The director of the local center can provide applicants with information concerning testing dates, fees, and examination schedules. ¥

Series 117 Certification Requirements Including Teacher Education Program Objectives For The Inclusion Of Autism within The Behavioral Disorders (5110.20)

W. Va. Code R. § 126-117-1 General

1.1. Scope - This legislative rule establishes the content specialization objectives which must be incorporated by an institution into the educational personnel preparation program for teachers who are certified to provide instructional services to autistic children within the behavioral disorders category.

1.2. Authority - W. Va .- Code §18-2-6

1.3. Filing Date - February 24, 1984

1.4. Effective Date - April 24, 1984

W. Va. Code R. § 126-117-2 Additional

2.1. Copy of content specialization program objectives and certification requirements attached. Copies may be obtained in the office of the Secretary of State and in the West Virginia Department of Education, Bureau of General, Special, and Professional Education.

2.2. Summary of major content specialization objectives are identified below.

SUMMARY OF PROGRAM OBJECTIVES AND

CERTIFICATION REQUIREMENTS

The autism content specialization objectives are in addition to the behavioral disorders program objectives and flow from the special needs of autistic students for structure, individual management plans, communication programs. The certification requirement are outline in terms of required program components and required clinical experience.

School Personnel Certification and Licensure Standards Educational Personnel CERTIFICATION REQUIREMENTS INCLUDING TEACHER EDUCATION PROGRAM OBJECTIVES FOR THE INCLUSION OF AUTISM WITHIN THE BEHAVIORAL DISORDERS ENDORSEMENT AUTISM Introduction The teacher education program in Behavioral Disorders with additional emphasis on instruction of the Autistic student provides the prospective teacher with a total educational experience. A multidisciplinary approach based on evolving technologies and current standards of excellence should be used. This approach should include teachers, school support personnel, parents, and persons in the community. Teachers of Autistic students may instruct students in a variety of settings including the classroom, home, community, and work environment. The overall goal of the autistic students' educational experience should be to develop lifetime skills across all appropriate areas of instruction. The following program objectives flow from needs of autistic students for structure, individual management plans, communication systems, assessment, socialization skills, recreational skills, and academic programs.

Program Objectives The teacher education program shall provide training and experience which will enable the teacher to:

6.0 Plan and organize the appropriate classroom structure which facilitates learning of autistic students.

6.1 Develop a schedule to establish routine. (Ap)*

6.2 Prepare data-based lesson plans. (Sy) * Letters in parenthesis indicates level of taxonomy at which the objective is expected to be achieved:

In the Cognitive Domain: Kn-Knowledge, Cm-Comprehension, Ap- Application, An-Analysis, Sy-Synthesis, Ev-Evaluation (Adapted from Bloom et al. )

In the Affective Domain: Rc-Receiving, Rs-Responding, Va-Valuing, Or-Organization, and Cv-Characterization by a value or value complex (Adapted from Krathwohl et al. ) in the Psychomotor Domain: Rm-Reflex Movements, Fm-Fundamental Movement, Pc-Perceptual Ability, Ps-Physical Ability, Sm-Skilled Movement, Ec-Expressive Communication (Adapted from Harrow)

6.3 Emphasize planned instructional activities rather than depend on incidental learning. (Or)

6.4 Plan for physical classroom environment to enhance learning for autistic students. (Ap)

6.5 Demonstrate use of a high degree of teacher-intrusive behaviors in instructional activities. (Ec)

6.6 Describe strategies to incorporate flexibility within the routine of the autistic student. (Cm)

6.7 Discuss the value of repetition, clear expectations, and consistency to the learning environment of the autistic student. (Or)

6.8 Control for extraneous environmental stimuli. (Ap)

7.0 Prepare and implement individual management plans for autistic students.

7.1 Describe characteristics of autism and their implications for learning. (Cm)

7.2 Implement a behavior modification system. (Ap)

7.3 Implement alternative management strategies such as assertive discipline, intrusion activities, and modeling. (Ap)

7.4 Demonstrate proper procedures for the use of approved restraints. (Sm)

7.5 Use approved procedures and devices for aversives. (Ap)

7.6 Comply with civil and human rights of individuals in use of restraint techniques and aversives. (Rs)

7.7 Use unusual reinforcers when specified in the Individual Education Program. (Ap)

8.0 Demonstrate a knowledge and application of appropriate communication systems for autistic students.

8.1 Design or modify and use nonverbal communication systems in instruction for autistic students. Examples include picture cards, American sign language, finger spelling, blissymbolics, and communication boards. (Sy)

8.2 Use direct, concise, clear language in communicating with autistic students. (Ap) -

8.3 Analyze language development, deficits, and acquisition patterns of autistic students. (An)

8.4 Describe the characteristics of language development of autistic students. (Cm) 9,0 Knowledge and skills related to the use of appropriate assessment instruments and their results in the planning for instruction of the autistic students.

9.1 Use formal and informal assessment tools which are appropriate for autistic students. (Ap)

9.2 Apply results from appropriate assessment instruments to instruction for autistic students. Assessment devices include, for example, the Psycho-Educational Profile, Rimland Checklist, Childhood Autism Rating Scale and the Behavior Rating Instrument for Autistic and Atypical Children. (Ap)

10.0 Demonstrate instructional skills related to the social development of the autistic student.

10.1 Conduct planned instruction in the home, school, workplace, and community. (Ap)

10.2 Use techniques for teaching social behaviors and skills necessary for autistic students in home, school, work, and community. (Ap)

10.3 State the advantages of flexible and extended school days.

(Cm)

10.4 State the advantages of instruction with familles, peers, and adults. (Cm)

11.0 Plan and organize appropriate recreational skills for the autistic student.

11.1 Adapt basic skills and rules for recreational activities for autistic students in order to teach the particular activity and develop in the student the appropriate social skills related to the activity. (Sy)

12.0 Design and implement appropriate academic programs for autistic students.

12.1 Explain the range and variance of learning styles (e.g., uneven learning rates, poor generalization, preferred modality) which characterize autistic students. (Cm)

12.2 Identify and describe exemplary programs for autistic students. (Sy)

12.3 Explain the instructional interventions of educable mentally impaired, trainable mentally impaired, learning disabled, and language delayed programs which are beneficial to curriculum for autistic students. (Sy)

12.4 Use techniques for task analysis to facilitate instruction for autistic students.

(Ap)

12.5 Use. appropriate instructional interventions for autistic students.

(Ap)

HK J/7 12/9/83

PROFESSIONAL TEACHING CERTIFICATE ISSUED PROVISIONALLY

Behavioral Disorders, Grades K-12' (excluding Autism)

Program_Objectives 1-5 Behavioral Disorders, Grades K-12' (including Autism)

Program Objectives 1-12 Core Component Elementary (53), Early Childhood (39) or Basic Skills Component (30)

General Studies Professional Education The instructional role may include self-contained teacher and resource teacher.

Grades 7-12 or K-12 Instructional Specialization to the Behavioral Disordered- (excluding Autism)

Program Objectives 1-5 Grades 7-12 or K-12 Instructional Specialization to the Behavioral Disordered- (including Autism)

Program Objectives 1-12 Core Component An Instructional Specialization in Grades 7-12 or Grades K-12 General Studies Professional Education "The teacher's assignment is limited to teaching the content and grade level in his subject specialization to children with Behavioral Disorders or to serving as a consultative teacher in Behavioral Disorders within the grade levels of the instructional specialization. Such individuals may not serve in a resource room which serves more than the subject specialization and/or the handicapping condition endorsed on the certificate.

Students shall complete an instructional clinical experience in a middle school in keeping with their anticipated certification.

Grades 7-12 Students shall complete an instructional clinical experience in a junior or senior high school in keeping with their anticipated certification.

Grades K-12 - Students shall complete an instructional clinical experience in an academic specialization at two levels: elementary (K-6), secondary (7-9 or 7-12).

Non-Instructional Service, Grades K-12 Students shall complete a non-instructional service clinical experience by working with individuals or groups in a school or clinical setting. When possible, the student shall have educational experiences with public school pupils of different ages; however, the emphasis shall be placed on experience with a wide variety of problems encountered in the service area concerned.

Diagnostic and prescriptive approaches are encouraged.

Special Education - Grades K-12 or Grades 7-12 Students shall complete an instructional clinical experience in keeping with their anticipated certification. Students enrolled in a special education program for Grades K-12 should have the opportunity to work with pupils of different ages; however, emphasis shall be given to roles as a self-contained classroom teacher, resource teacher, and itinerant teacher. A student shall complete an instructional clinical experience in each special education specialization for which certification is desired. * Individuals seeking a Behavioral Disorders endorsement including Autism must complete separate clinical experiences in Autism and Behavioral Disorders.

Students with a specialization in Physical Education, Grades K-12, Home Economics, Grades 7-12, Art, Grades 7-12 or K-12, Music, Grades K-12, or Industrial Arts/Technology, Grades 7-12 who desire a limited assignment with the mentally retarded shall complete a culminating clinical experience which is restricted to teaching the content area named above to the mentally retarded.

Students with a specialization in Physical Education, Grades K-12, who desire a limited assignment with the physically handicapped shall complete a culminating clinical experience which is restricted to teaching physical education to the physically handicapped.

Students with a secondary specialization, Grades 7-12 or a subject matter specialization for Grades K-12 who desire an assignment in Special Education in Behavioral Disorders, Hearing Impaired or Visually Impaired shall complete * Proposed revision for "Culminating Clinical Experience" section of the Standards for the Approval of Teacher Education Programs in West Virginia.

AUTISM PROGRAM OBJECTIVES

FUNCTION

PROGRAM OBJECTIVES

DOMAIN

LEVEL

6.0 Plan and organize the appropriate classroom structure which facilitates learning of autistic students.

6.1 Develop a schedule to establish routine.

6.2 Prepare data-based lesson plans.

6.3 Emphasize planned instructional activities rather than depend on incidental learning.

Affective Organization

6.4 4 Plan for physical classroom environment to enhance learning for autistic students.

6.5 Demonstrate use of a high degree of teacher-intrusive behaviors in instructional activities.

Psychomotor Expressive Communication

6.6 Describe strategies to incorporate flexibility within the routine of the autistic student.

6.7 Discuss the value of repetition, clear expectations, and consistency to the learning environment of the autistic student.

Affective Organization

6.8 Control for extraneous environmental stimuli.

7.0 Prepare and implement individual management plans for autistic students.

7.1 Describe characteristics of autism and their implications for learning.

7.2 Implement a behavior modification system.

7.3 Implement alternative management strategies such as assertive discipline, intrusion activities, and modeling.

AUTISM PROGRAM OBJECTIVES

FUNCTION

PROGRAM OBJECTIVES

DOMAIN

LEVEL

7.0 Prepare and implement individual management plans for autistic students.

7.4 Demonstrate proper procedures for the use of approved restraints.

Psychomotor Skilled Movement

7.5 5 Use approved procedures and devices for aversives.

7.6 Comply with civil and human rights of individuals in use of restraint techniques and aversives.

Affective Responding 11

7.7 Use unusual reinforcers when specified in the Individual Education Program.

8.0 Use appropriate communication systems with autistic students.

3.1 Design or modify and use nonverbal communication systems in instruction for autistic students. Examples include picture cards, American sign language, finger spelling, blissymbolics, and communication boards.

8.2 Use direct, concise, clear language in communicating with autistic students.

8.3 Analyze language development, deficits, and acquisition patterns of autistic students.

Analysis

8.4 Describe the characteristics of language development of autistic students.

9.0 Use appropriate assessment instruments and make correct applications of assessments in planning for instruction of the autistic student.

9.1 Use formal and informal assessment tools which are appropriate for autistic students.

AUTISM PROGRAM OBJECTIVES

FUNCTION

PROGRAM OBJECTIVES

DOMAIN

LEVEL

9.0 Use appropriate assessment instruments and make correct application of assessments in planning for instruction of the autistic student.

9.2 Apply results from appropriate assessment instruments to instruction for autistic students. Assessment devices include, for example, the Psycho-Educational Profile, Rimland Checklist, Childhood Autism Rating Scale and the Behavior Rating Instrument for Autistic and Atypical Children.

10.0 Use instructional skills related to the social development of the autistic student.

10.1 Conduct planned instruction in the home, school, workplace, and community.

10.2 Use techniques for teaching social behaviors and skills necessary for autistic students in home, school, work, and community.

10.3 State the advantages of flexible and extended school days.

10.4 State the advantages of instruction with families, peers, and adults.

11.0 Plan and organize appropriate recreational skills for the autistic student.

11.1 Adapt basic skills and rules for recreational activities for autistic students in order to teach the particular activity and develop in the student the appropriate social skills related to the. activity.

12.0 Design and implement appropriate academic programs for autistic students.

12.1 Explain the range and variance of learning styles (e.g., uneven learning rates, poor generalization, preferred modality) which characterize autistic students.

AUTISM PROGRAM OBJECTIVES

FUNCTION

PROGRAM OBJECTIVES

DOMAIN

LEVEI.

12.0 Design and implement appropriate academic programs for autistic students. | ! 1 11 1.1 I 1

12.2 Explain and describe exemplary programs for autistic students.

12.3 Explain the instructional interventions of educable mentally impaired, trainable mentally impaired, learning disabled, and language delayed programs which are beneficial to curriculum for autistic students.

12.4 Use techniques for task analysis to facilitate instruction for autistic students.

12.5 Use appropriate instructional interventions for autistic students.

Series 126 Procedures for Designated Hiring and Transfer of School Personnel (Policy 5000)

W. Va. Code R. § 126-126-1 General

1.1. Scope. -- This legislative rule sets forth general hiring criteria for classroom teachers, establishes processes that a faculty senate may adopt when making hiring recommendations for classroom teachers, clarifies certain transfer procedures, and outlines the roles of the principal, county superintendent, and county board of education in the limited hiring and transfer procedures set forth herein.

1.2. Authority. -- W. Va. Constitution, Article XII, §2 and W. Va. Code §§18-2-5, 18-5A-5, 18A‑2‑1, 18A-2-7, and 18A-4-7a.

1.3. Filing Date. -- May 18, 2017.

1.4. Effective Date. -- June 19, 2017.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR126, West Virginia Board of Education Policy 5000, Procedures for Designated Hiring and Transfer of School Personnel, filed August 16, 2013, and effective September 16, 2013.

W. Va. Code R. § 126-126-2 Purpose

2.1 The purpose of this rule is to set forth general hiring criteria for classroom teachers, establish processes that a faculty senate may adopt when making hiring recommendations for classroom teachers, clarify certain transfer procedures, and outline the roles of the principal, county superintendent, and county board of education in the limited hiring and transfer procedures set forth herein. Utilization of these processes and procedures will provide teachers and principals with the ability to have a significant voice in determining the makeup of their school communities and will provide counties with flexibility in staffing schools to meet changing needs and enrollment.

W. Va. Code R. § 126-126-3 Application

3.1. These regulations apply to the filling of vacancies for classroom teachers and the transfers of employees by county boards of education in the limited instances set forth herein and is not a comprehensive hiring manual for all public school employees.

W. Va. Code R. § 126-126-4 Definitions

4.1. County board of education - Pursuant to W. Va. Code §18-5-1, the body charged with the supervision and control of a county board school district, which is composed of five members, nominated and elected by the voters of the respective county.

4.2. Classroom teacher - A professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity.

4.3. Classroom teaching position - A position posted pursuant to W. Va. Code §18A-4-7a to fill a vacancy for a professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity.

4.4. Faculty senate - As provided by W. Va. Code §18-5A-5, a faculty senate consists of all permanent, full-time professional educators employed at the school.

4.5. Permanently employed instructional personnel - Professional educators who are employed by a county board of education under either a probationary or continuing contract of employment and who, as part of their employment, have instructional duties.

4.6. Principal - A professional educator employed pursuant to W. Va. Code §18A-2-9 who has administrative and instructional supervisory responsibility for the planning, management, operation and evaluation of the total educational program of the school or schools to which he or she is assigned.

4.7. Service employee - Service person, service personnel, or service employee means any nonteaching school employee who is not included in the meaning of teacher as defined W. Va. Code §18-1-1 and who serves the school or schools as a whole in a nonprofessional capacity including such areas as secretarial, custodial, maintenance, transportation, school lunch and aides.

W. Va. Code R. § 126-126-5 Roles and Responsibilities

5.1. Among the other roles and responsibilities assigned to the following individuals and entities by operation of statute or West Virginia Board of Education [WVBE] policy, for purposes of this policy, the following individuals and entities shall exercise the roles and responsibilities set forth below.

5.1.a. West Virginia Department of Education [WVDE] - The WVDE shall designate or approve an interview training tool(s) which shall be completed by a faculty senate member and principal prior to his or her participation in an interview. The targeted duration of the training is one hour.

5.1.b. County Board of Education - The county board of education shall make decisions affecting the filling of vacancies in professional positions of employment other than the county superintendent on the basis of the applicant with the highest qualifications as set forth in statute and in this policy.

5.1.c. Superintendent - The superintendent shall receive hiring recommendations for classroom teaching positions from principals and faculty senates and shall nominate and recommend applicants to the county board of education. The superintendent may, at his or her discretion, conduct interviews of applicants for vacancies in addition to any interview conducted by the principal and faculty senate hiring committee, single designee, or faculty senate chair.

5.1.d. Principal - The principal shall submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under said principal's control. Such recommendation shall be submitted in writing as prescribed by the superintendent. Additionally, the principal shall receive hiring recommendations from the faculty senate at his or her school as provided in this policy and shall submit those recommendations in writing as prescribed by the superintendent. In the event that a principal is unable to submit hiring recommendations or receive hiring recommendations from the faculty senate as set forth in this policy due to illness or absence, the assistant principal shall submit hiring recommendations. If there is no assistant principal, the superintendent shall assign a designee to carry out the role of the principal. In the event that a principal is unable to submit hiring recommendations or receive hiring recommendations from the faculty senate due to a conflict as set forth in W. Va. Code §18A-2-1(a)(2), the superintendent shall assign a designee from the central office to carry out the role of the principal. Whenever possible, the designee from the central office shall be a coordinator in the same programmatic level as the position to be filled. If it is not possible or practical to designate a coordinator from the same programmatic level, the recommendation of the designee shall not be invalidated or be the basis for objection by any prospective employee or any other person. If a principal or his or her designated replacement does not participate in the hiring process as set forth in this policy for a particular vacancy, the right of the principal to submit recommendations regarding employment is forfeited for that vacancy. However, if a principal or his or her designated replacement does not participate in the hiring process as set forth in this policy, the principal or his or her designee must still receive any hiring recommendation made by the faculty senate and transmit that recommendation to the superintendent. A forfeiture of the principal’s right to submit a hiring recommendation shall not be the basis for objection by any prospective employee or any other person.

5.1.e. Faculty Senates - Faculty senates may choose one of the options set forth in this policy as a mechanism by which to make hiring recommendations to the school principal. If a faculty senate does not participate in the hiring process as set forth in this policy for a particular vacancy, the right of the faculty senate to submit recommendations regarding employment is forfeited for that vacancy. A forfeiture of the faculty senate’s right to submit a hiring recommendation shall not be the basis for objection by any prospective employee or any other person.

W. Va. Code R. § 126-126-6 Criteria for Hiring Classroom Teachers

6.1. A county board of education shall make decisions affecting the filling of vacancies for classroom teachers on the basis of the applicant with the highest qualifications.

6.2. In judging qualifications for the filling of vacancies for classroom teachers, consideration shall be given to each of the following:

6.2.a. Appropriate certification, licensure or both;

6.2.b. Amount of experience relevant to the position or, in the case of a classroom teaching position, the amount of teaching experience in the required certification area;

6.2.c. The amount of course work, degree level or both in the relevant field and degree level generally;

6.2.d. Academic achievement;

6.2.e. In the case of a classroom teaching position or the position of principal, certification by the National Board for Professional Teaching Standards;

6.2.f. Specialized training relevant to the performance of the duties of the job;

6.2.g. Past performance evaluations conducted pursuant to W. Va. Code §18A-2-12 and §18A‑3C-2 or, in the case of a classroom teacher, past evaluations of the applicant’s performance in the teaching profession as a certified educator;

6.2.h. Seniority;

6.2.i. Other measures or indicators upon which the relative qualifications of the applicant may fairly be judged;

6.2.j. The recommendation, if any, of the principal of the school at which the applicant will be performing a majority of his or her duties; and

6.2.k. The recommendation, if any, resulting from the process established by the faculty senate of the school at which the employee will be performing a majority of his or her duties.

6.3. If one or more permanently employed instructional personnel apply for a classroom teaching position and meet the standards set forth in the job posting, each criterion under section 6.2 shall be given equal weight except that the criterion in subdivisions 6.2.j and 6.2.k shall each be double weighted. This shall apply when the faculty senate and the principal do not agree on a recommendation, when either the faculty senate or principal forfeit or cannot make a recommendation, or when the superintendent does not concur with the recommendation of the principal and the faculty senate.

6.4. For a classroom teaching position, if the recommendations resulting from the operations of sections 6.2.j and 6.2.k are for the same applicant, and the superintendent concurs with that recommendation, then the other provisions of sections 6.2 and 6.3 do not apply and the county board shall appoint that applicant notwithstanding any other provision of this policy to the contrary.

6.5. Recommendations made pursuant to sections 6.2.j and 6.2.k shall be made based on a determination as to which of the applicants is the highest qualified for the position. When making recommendations, principals and faculty senates shall consider each criterion listed in sections 6.2.a. through 6.2.i. Neither principals nor faculty senates are required to assign any amount of weight to any factor. Principals and faculty senate chairs or single designees shall complete the applicable hiring recommendation forms (see Appendices A and B) and shall submit a completed form as documentation of the recommendation. Other than the recommendation form, no other matrix or documentation of the selection shall be required.

6.6. Any professional educator who is employed within the public school system of this state shall hold a valid teaching certificate licensing him or her to teach in the specializations and grade levels shown on the certificate for the period of his or her employment.

6.7. As provided in W. Va. Code §18-5A-5(b)(2), the processes and procedures set forth in this policy are designed to be effective and consistent among schools and counties and are designed to avoid litigation or grievance. To that end, this policy is designed to allow teachers to be meaningfully involved in the hiring recommendation process in an open and honest manner without fear of reprisal, retaliation or coercion and to minimize lost instructional time and classroom disruption.

6.8. These criteria shall be utilized in making hiring decisions for any classroom teacher hired on or after July 1, 2013.

W. Va. Code R. § 126-126-7 Faculty Senate Recommendation Process

7.1. A faculty senate may establish a process for members to interview or otherwise obtain information regarding applicants for classroom teaching vacancies that will enable the faculty senate to submit recommendations regarding employment to the principal. A faculty senate wishing to submit hiring recommendations to the principal shall utilize one of the processes set forth below. These processes and procedures are designed to be effective and consistent among schools and counties and are designed to avoid litigation or grievance. At the conclusion of each school semester a faculty senate may vote to change its adopted process for the next ensuing semester. Additionally, if a faculty senate desires to make hiring recommendations over the summer break, it may use the process then in place, if any, or it may vote to adopt a different process to be used only during the summer break. Nothing herein shall be construed to require a faculty senate to participate in the recommendation process, however, failure to participate as provided below will cause the right of the faculty senate to make employment recommendations to be forfeited.

7.1.a. Hiring Committee

7.1.a.1. The majority of the faculty senate may elect a committee, including a committee chair, which will be responsible for making hiring recommendations regarding classroom teachers. Committees and chairs shall be elected by the faculty senate according to one of the following models:

7.1.a.1.A. Three individuals, which shall include a chair, elected by the majority of the members of the faculty senate; or

7.1.a.1.B. Not less than seven nor more than eleven individuals, which shall include a chair, elected by a majority of the faculty senate.

7.1.a.1.B.1. When electing the committee members, the faculty senate should give consideration to selecting individuals who represent the spectrum of curriculum and content areas taught at the school, provided that the failure of the faculty senate to select individuals who represent the spectrum of curriculum and content areas at the school shall not invalidate their election or any subsequent recommendation they render.

7.1.a.1.B.2. When utilizing this option, the committee chair shall select three members from the larger committee to form a panel which will make a recommendation for each classroom teacher to be hired. The selection of the three members shall be based, as far as is practical, on the subject matter to be taught by the teacher to be hired as determined on a case by case basis. The failure of the committee chair to select three members based on the subject matter to be taught by the new teacher will not invalidate the faculty senate’s selection or be the basis for objection by any prospective employee or any other person. The committee chair shall be responsible for ensuring that the hiring recommendation made by the three person panel is delivered to the principal in a timely manner.

7.1.b. Single Designee

7.1.b.1. The majority of the faculty senate may elect a single designee who will be responsible for making hiring recommendations regarding classroom teachers. In choosing the single designee model, the faculty senate shall select one of the following options:

7.1.b.1.A. The single designee shall have the discretion to ask up to two other faculty senate members to assist him or her in reviewing relevant application materials or interviewing applicants at his or her discretion. The selection of assistants by the single designee shall be based, as far as is practical, on the subject matter to be taught by the teacher to be hired as determined on a case by case basis. The additional faculty senate members must have completed the WVDE designated or approved interview training prior to assisting the single designee. Failure of the single designee to select additional faculty senate members to assist him or her in rendering a recommendation will not invalidate the designee’s recommendation or be the basis for objection by any prospective employee or any other person. The single designee shall be responsible for ensuring that the recommendation is delivered to the principal in a timely manner.

7.1.b.1.B. The single designee shall ask up to two other faculty senate members to assist in reviewing relevant application materials or interviewing applicants at the designee’s discretion. The selection of assistants by the single designee shall be based, as far as is practical, on the subject matter to be taught by the teacher to be hired as determined on a case by case basis. The additional faculty senate members must have completed the WVDE designated or approved interview training prior to assisting the single designee. Failure of the single designee to select additional faculty senate members to assist him or her in rendering a recommendation shall invalidate the designee’s recommendation. The single designee shall be responsible for ensuring that the recommendation is delivered to the principal in a timely manner.

7.2. For purposes of considering and making hiring recommendations, the following rules shall apply to faculty senates:

7.2.a. The principal will notify the chair of the hiring committee or the single designee in writing when the list of candidates meeting the minimum qualifications listed in the job posting for a classroom teaching position is final and will provide the chair of the hiring committee or the single designee with a list of the candidates and relevant application materials. A faculty senate may, but is not required, to adopt a policy permitting the superintendent or his or her designee to narrow the pool of qualified applicants to no fewer than three qualified applicants, unless fewer than three qualified individuals apply, who appear to be the most qualified based on an examination of the factors set forth in W. Va. Code §18A-4-7a(b)(1) through (9). Within twenty-four hours of such notice, the hiring committee chair or single designee will notify the principal in writing if an interview of candidates is requested. For purposes of this section, electronic mail communications shall satisfy the requirement of providing written notification. Further, for purposes of this section and this policy, interviews shall be permitted to occur in-person or via telephone, teleconference or other virtual means.

7.2.b. A faculty senate hiring committee or single designee may consider and make recommendations after reviewing the application materials provided without participation in an interview. All application materials shall be maintained confidentially by all parties and shall not be disclosed or discussed in any manner with individuals who are not part of the hiring/recommendation process for an individual teacher. All application materials shall be returned to the principal by the hiring committee chair or single designee at the time the recommendation is delivered to the principal.

7.2.c. If a request for an interview is made, then a faculty senate hiring committee or single designee may consider and make recommendations after participating in interviews of candidates for classroom teaching positions, subject to the following:

7.2.c.1. Prior to participating in interviews or otherwise participating in the recommendation process, a faculty senate member must complete interview training as designated or approved by the West Virginia Department of Education. Once a faculty senate member has completed the designated interview training, additional training shall not be required unless the WVDE or superintendent determines that additional training shall occur.

7.2.c.2. The principal will notify the hiring committee members or single designee in writing of the time and place that the interview will be conducted. For purposes of this section, electronic mail communications shall satisfy the requirement of providing written notification. In determining when and where interviews will occur, consideration shall be given to accommodating the time and travel needs of the applicants and the faculty senate members. Interviews shall be scheduled in such a way that faculty senate members can participate while also minimizing classroom disruption to the greatest extent possible. Whenever possible, interviews shall be conducted at the school where the applicant will spend the majority of his or her instructional time. However, the superintendent or his or her designee shall have the authority to conduct interviews at alternate locations if necessary.

7.2.c.3. Interviews of applicants will be conducted jointly with the principal, however, hiring committee members or single designees shall have the authority to deliberate and make their hiring selections separate and apart from the principal.

7.2.c.4. In asking questions during an interview, each applicant shall be asked an identical set of initial questions. The questions to be asked may be determined jointly by the principal and the hiring committee or single designee or, in the alternative, the principal and the hiring committee or single designee may prepare questions independently of one another. Provided, that nothing herein shall prohibit the asking of unique follow-up questions to each applicant based on his or her responses to the uniform set of initial questions. The asking of unique follow-up questions to each applicant based on his or her responses to the uniform set of initial questions will not invalidate the recommendation or selection of the applicant by either the superintendent, principal, hiring committee, single designee, or faculty senate chair and shall not be the basis for objection by any prospective employee or any other person so long as those questions do not violate federal or state employment laws.

7.2.d. A hiring committee chair or a single designee must submit a recommendation to the principal within the following timelines:

7.2.d.1. Where no interview is requested by the hiring committee or single designee, three days after receipt of application materials.

7.2.d.2. Where an interview is requested and conducted, within two days of the completion of interviews for a position.

7.2.d.3. The timelines set forth above may be shortened by the superintendent if necessary to comply with the timelines for filling positions set forth in W. Va. Code §18A-4-7a. The timelines may also be shortened to meet other hiring needs of the county school system with the approval of the hiring committee chair or single designee.

7.2.e. Nothing in this policy or in statute requires that any applicant be interviewed prior to being recommended or selected to fill a vacancy and nothing requires that every applicant meeting the minimum qualifications of a posting be interviewed prior to being recommended or selected to fill a vacancy. However, the superintendent, principal, hiring committee, or single designee, as applicable, shall each have the authority to interview qualified job applicants at their discretion. A faculty senate may, but is not required, to adopt a policy permitting the superintendent or his or her designee to narrow the pool of qualified applicants to no fewer than three qualified applicants, unless fewer than three qualified individuals apply, who appear to be the most qualified based on an examination of the factors set forth in W. Va. Code §18A-4-7a(b)(1) through (9).

7.3. Classroom teachers who directly participate in making recommendations for filling classroom teaching positions pursuant to the options set forth in this policy for periods beyond his or her individual contract shall be compensated based on his or her daily rate of pay, prorated to an hourly rate. The principal shall require that the participating teachers keep time sheets documenting the actual time spent on the recommendation process and shall verify that the time sheets are accurate before submitting them for payment. In no event shall a teacher be entitled to payment for more than two hours per position. However, if there are more than four qualified applicants for a single classroom teacher position who are selected for an interview by the hiring committee chair or single designee, the faculty senate members participating in the interviews may be compensated for an additional hour for actual time spent on the interview process for that position.

7.4. For purposes of this policy, an itinerant teacher shall be considered to be assigned to the school where he or she spends the majority of his or her instructional time. If an itinerant teacher does not spend the majority of his or her instructional time in any one school, the itinerant teacher shall be considered to be assigned to a school as designated by the county superintendent.

7.5. The West Virginia Ethics Act prohibits public school employees from participating in any hiring decisions involving relatives or cohabitating sexual partners. "Relatives" are defined as individuals who are related to the employee as father, mother, son, daughter, brother, sister, spouse, grandmother, grandfather, grandchild, mother-in-law, father-in-law, sister-in ­law, brother-in-law, son-in-law or daughter-in-law. If a faculty senate representative must recuse himself or herself for this reason, an alternate member may be appointed by the committee chair or the single designee.

W. Va. Code R. § 126-126-8 Training for Faculty Senates and Principals

8.1. Prior to participating in an interview or otherwise making any hiring recommendations pursuant to this policy, faculty senate hiring committees, single designees, any other faculty senate participants, and principals must complete interview training as designated or approved by the WVDE. Once a faculty senate member or principal has completed the designated interview training, additional training shall not be required unless the WVDE or superintendent determines that additional training shall occur.

8.2. Compensation for participation in training shall be based on the daily rate of pay for the participating classroom teacher who directly participated in the training for periods beyond his or her individual contract. Compensation for training shall not exceed one hour.

8.3. For the 2013-2014 school year only, principals have until September 1 to complete the interview training designated or approved by the WVDE.

W. Va. Code R. § 126-126-9 Reassignment of Surplus Personnel Without Posting Based on Pupil-Teacher Ratio and Class Size Rules

9.1. When actual student enrollment in a grade level or program, unforeseen before May 1 of the preceding school year, permits the assignment of fewer teachers or service personnel to or within a school under any pupil-teacher ratio, class size or caseload standard established in W. Va. Code §18‑5‑18a or any policy of the WVBE, the county superintendent, with board approval, may reassign the surplus personnel to another school or to another grade level or program within the school if needed there to comply with any such pupil-teacher ratio, class size or caseload standard.

9.1.a. Before any reassignment may occur pursuant to this subsection, written notice shall be provided to the employee via certified mail or hand delivery at least 10 days prior and the employee shall be provided an opportunity to appear before the county board to state the reasons for his or her objections, if any, prior to the board voting on the reassignment. The opportunity to be heard shall not be a hearing with the right to present witnesses, rather, it is an opportunity for the employee to concisely state his or her objections to the board. The reassignment may be made without following the notice and hearing provisions of W. Va. Code §18A-2-7(a) and (b) and may occur at any time during the school year when the conditions in section 9.1 are met. However, reassignments may not occur after the last day of the second school month.

9.1.b. A professional employee reassigned under this subsection shall be the least senior of the surplus professional personnel who holds certification or licensure to perform the duties at the other school or at the grade level or program within the school.

9.1.c. A service employee reassigned under this subsection shall be the least senior of the surplus personnel who holds the same classification or multiclassification needed to perform the duties at the other school or at the grade level or program within the same school. In considering whether an aide is a surplus employee, the county shall consider each classification and/or multiclassification held by him or her and shall not be limited only to the current program or assignment held by the surplus aide.

9.1.d. No school employee’s annual contract term, compensation or benefits shall be changed as a result of a reassignment under this subsection.

W. Va. Code R. § 126-126-10 Reassigning Classroom Teachers Within a School Without Posting

10.1. Notwithstanding any other provision of W. Va. Code to the contrary, upon recommendation of the principal and approval by the classroom teacher, county superintendent, and county board, a classroom teacher assigned to the school may at any time during the school year be assigned to a new or existing classroom teacher position at the school during that school year without the position being posted.

10.2. Transfers made under these provisions are not subject to the limitation on transfers found in W. Va. Code §18A-2-7b.

10.3. For purposes of this section, an itinerant teacher shall be considered to be assigned to the school where he or she spends the majority of his or her instructional time. If an itinerant teacher does not spend the majority of his or her instructional time in any one school, the itinerant teacher shall be considered to be assigned to a school as designated by the county superintendent.

W. Va. Code R. § 126-126-11 Reposting of Professional Vacancies

11.1. Boards shall be required to post and date notices of each opening at least once. At their discretion, boards may post an opening for a position other than classroom teacher more than once in order to attract more qualified applicants. At their discretion, boards may post an opening for a classroom teacher one additional time after the first posting in order to attract more qualified applicants only if fewer than three qualified individuals apply during the first posting.

11.2. If no applicant meets the qualifications set forth in the job posting, a board may continue to post or repost as set forth in section 11.1 without limitation.

11.3. The county superintendent of schools shall have the authority to determine whether a professional position will be reposted.

11.4. These provisions shall apply to both professional positions and extra-curricular positions.

W. Va. Code R. § 126-126-12 Reserving Vacancies for Individuals Subject to Release

12.1. For any vacancy in an established, existing or newly created position that, on or before March 1 is known to exist for the ensuing school year, the county board of education shall appoint the successful applicant from among all qualified applicants. All employees subject to release shall be considered applicants for the positions for which they are qualified and shall be considered before posting such vacancies for application for nonemployees. This provision shall not preclude a county board of education from posting and filling vacancies that exist in the current school year nor shall it supersede or alter the operation of W. Va. Code §18A-4-8f or §18A-4-8i.

12.2. An employee shall be considered subject to release if the superintendent would recommend the individual to the board for release but for the availability of the known position.

12.3. A vacancy for a position that will exist on the first day of the next ensuing school year will be known to exist when the person holding the position has submitted his or her resignation or retirement to the board, in writing, and the resignation or retirement has been accepted by the board.

12.4. Newly created positions will not be considered to be known to exist until the county board has voted to approve their creation.

12.5. For purposes of this section, an individual will be considered to be qualified for a known vacancy if he or she fully meets the qualifications for the vacancy.

12.6. If more than one individual applying for a known vacancy pursuant to this section is qualified for the vacancy, the successful candidate shall be selected based on the criteria set forth in section 6 of this policy.

12.7. This provision shall apply to vacancies and newly created positions known to exist on or before February 15, 2014, and in subsequent school years.

W. Va. Code R. § 126-126-13 Severability

13.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Appendix A The following form shall be completed by the principal and shall be submitted as set forth in section 6.6. of WVBE Policy 5000 and according to timelines as determined by the county superintendent.

Principal Recommendation:

In accordance with section 6.2 of WVBE Policy 5000, the undersigned certifies that the qualifications of the selected applicants meeting the minimum qualifications/requirements set forth in the job posting for the position of ____________________________ have been reviewed.

In determining which of the applicants is the highest qualified for the position, the following factors set forth in sections 6.2.a. through 6.2.i. of WVBE Policy 5000 have been considered:

a. Appropriate certification, licensure or both;

b. Amount of experience relevant to the position or, in the case of a classroom teaching position, the amount of teaching experience in the required certification area; c. The amount of course work, degree level or both in the relevant field and degree level generally; d. Academic achievement; e. In the case of a classroom teaching position or the position of principal, certification by the National Board for Professional Teaching Standards; f. Specialized training relevant to the performance of the duties of the job; g. Past performance evaluations conducted pursuant to W. Va. Code §18A-2-12 and §18A-3C-2 or, in the case of a classroom teacher, past evaluations of the applicant’s performance in the teaching profession as a certified educator; h. Seniority; i. Other measures or indicators upon which the relative qualifications of the applicant may fairly be judged;

I recognize that no amount of weight is required to be assigned to any factor in making a recommendation and further recognize that a factor may be assigned no weight at all.

Other than this recommendation form, no other matrix or documentation of my recommendation shall be required.

Pursuant to this review as principal or designated representative of the principal of the school at which the applicant will be performing a majority of his or her duties, I hereby recommend ____________________________ for the above-referenced position.

Date:______________________________________ ________________________________________ Principal / Designee

Appendix B The following form shall be completed by the faculty senate hiring committee chair or single designee and shall be submitted as set forth in sections 6.6. and 7.2.d. of WVBE Policy 5000.

Faculty Senate Recommendation:

In accordance with section 6.2 of WVBE Policy 5000, the undersigned certify that the qualifications of the selected applicants meeting the minimum qualifications/requirements set forth in the job posting for the position of ____________________________ have been reviewed.

In determining which of the applicants is the highest qualified for the position, the following factors set forth in sections 6.2.a. through 6.2.i. of WVBE Policy 5000 have been considered:

a. Appropriate certification, licensure or both;

b. Amount of experience relevant to the position or, in the case of a classroom teaching position, the amount of teaching experience in the required certification area; c. The amount of course work, degree level or both in the relevant field and degree level generally; d. Academic achievement; e. In the case of a classroom teaching position or the position of principal, certification by the National Board for Professional Teaching Standards; f. Specialized training relevant to the performance of the duties of the job; g. Past performance evaluations conducted pursuant to W. Va. Code §18A-2-12 and §18A-3C-2 or, in the case of a classroom teacher, past evaluations of the applicant’s performance in the teaching profession as a certified educator; h. Seniority; i. Other measures or indicators upon which the relative qualifications of the applicant may fairly be judged;

I/we recognize that no amount of weight is required to be assigned to any factor in making a recommendation and further recognize that a factor may be assigned no weight at all.

Other than this recommendation form, no other matrix or documentation of this recommendation shall be required.

Pursuant to this review, the faculty senate of the school at which the applicant will be performing a majority of his or her duties has recommended ____________________________ for the above‑referenced position. This recommendation is based on the majority vote of those members participating in the recommendation process or on the recommendation of the single designee.

Date:______________________________________ ________________________________________ Faculty Senate Hiring Committee Chair or Single Designee __________________________________________ Faculty Senate Representative (if applicable) __________________________________________ Faculty Senate Representative (if applicable)

Series 127 Teacher Education Programs: Job Related Content Specialization Objectives For School Counselor (5119.01)

W. Va. Code R. § 126-127-1 General

1.1. Scope. -- The job-related content specialization objectives for school counselor are for the training of school counselors for the public schools of West Virginia. These objectives were developed under content with National Evaluation Systems, Inc., and will be used as part of West Virginia's approved educational personnel program procedures.

1.2. Authority. -- W. Va. Code §18 2-6

1.3. Filing Date. -- November 2, 1984

1.4. Effective Date. -- January 2, 1985

1.5. Repeal of Former Rule. -- These objectives replace program objectives identified in the Standards for the Approval of Teacher Evaluation Programs in West Virginia. (Supplement, 1977).

W. Va. Code R. § 126-127-1 Additional

2.1. Copy of rules and regulations attached. Copies may be obtained in the office of the Secretary of State and in the West Virginia Department of Education, Bureau of General, Special and Professional Education.

2.2. Summary of rules and regulations below.

SUMMARY OF RULES AND REGULATIONS

The job-related content specialization objectives for school counselor are grouped in the following categories: planning, delivery and review of counseling; counseling techniques and strategies; career development; and testing and evaluation.

Certification and Licensure Standards Job-Related Content Specialization Objectives SCHOOL COUNSELOR 1

1.0 PLANNING, DELIVERY, AND REVIEW OF COUNSELING

1.1 Identify the major functions of the school counselor.

1.2 Identify the roles and responsibilities of school counseling programs and staff.

1.3 Identify steps and procedures for conceptualizing and planning a program of counseling services.

1.4 Apply needs assessment techniques to the development of school counseling programs.

1.5 Apply methods of determining goals and objectives for a school counseling program.

1.6 Identify components of a developmental counseling program relevant to the personal, social, and emotional needs of students at various grade levels.

1.7 Analyze procedures and principles of group guidance related to educational and career development.

1.8 Analyze the criteria and methods for evaluating school counseling programs.

1.9 Analyze the role of counseling personnel in the process of school curriculum development.

1.10 Identify ways to incorporate counseling objectives into the school curriculum.

1.11 Identify ways to make the school environment conducive to personal, social, and emotional development.

1.12 Identify ways to facilitate the development of a wide range of educational and career opportunities for the student.

1.13 Identify ways to utilize the nonacademic activities of the school to enhance the total development of the individual.

NOTE:

"All of the following objectives for counselors were viewed as job-related by all three programmatic levels, i.e., early childhood (grades K-4), middle childhood (grades 5-8), and adolescent education (grades 9-12).

1.14 Identify ways to aid students in adjusting to new settings through orientation activities.

1.15 Identify procedures for placing students in special programs.

1.16 Identify ways to assist school staff in understanding and guiding student behavior.

1.17 Differentiate between consultation and counseling strategies with professional staff.

1.18 Identify ways to provide information to parents and assist them in understanding and guiding behavior of their children.

1.19 Identify ways to use resources within the community to assist in the solution of problems affecting the student and to enhance the total school program.

1.20 Identify leadership styles and strategies appropriate to the role of a school counselor.

1.21 Analyze the school counselor's role in discipline.

1.22 Analyze issues involved in the ethical and responsible use of student records.

1.23 Analyze the role of the school counselor in developing and promoting a public awareness of counseling services and achievements.

1.24 Analyze ethical standards which pertain to the role of the school counselor.

1.25 Identify significant court decisions and legislation affecting education (e.g., student rights, equal educational opportunity, education for the handicapped).

1.26 Identify organizations (e.g., licensure, certification) that establish and monitor professional standards related to school counseling.

1.27 Identify the potential effects of new technology on counseling practices.

1.28 Identify the counselor's role in recognizing and assessing current trends in education and school counseling.

1.29 Identify the role of the counselor in recognizing the value of various life styles and how they may affect school counseling.

2.0 COUNSELING TECHNIQUES AND STRATEGIES

2.1 Identify the major goals and purposes of counseling individuals.

2.2 Apply the process of working with an individual to formulate strategies for problem solving.

2.3 Analyze the procedures and issues involved in conducting initial counseling interviews.

2.4 Identify appropriate interviewing skills.

2.5 Apply the principles and techniques of behavioral theory to individual counseling situations.

2.6 Apply the principles and techniques of cognitive theory to individual counseling situations.

2.7 Apply the principles and techniques of humanistic theory to individual counseling situations.

2.8 Apply eclectic theories and techniques to individual counseling situations.

2.9 Identify techniques of crisis intervention appropriate to a given situation.

2.10 Identify the goals and purposes of group counseling.

2.11 Analyze the process of setting goals in group counseling.

2.12 Identify the stages of group development in group counseling.

2.13 Identify the major elements of group counseling theory.

2.14 Select the technique(s) appropriate to a given situation in group counseling.

2.15 Analyze the role of the group leader in group counseling.

2.16 Analyze the effects of group structure (e.g., size, composition) and group dynamics on the group counseling process.

2.17 Identify procedures and issues involved in consulting and making referrals in counseling situations.

2.18 Identify principles and procedures of classroom guidance in school settings.

2.19 Identify techniques for developing problem-solving skills in students through individual and group counseling.

2.20 Identify techniques for developing decision-making skills in students through individual and group counseling.

2.21 Select the appropriate community or referral resource for a given counseling problem.

2.22 Identify ways in which peers can be used to assist in the counseling of students.

2.23 Analyze the physical and psychological effects of drugs and diet on an individual with regard to counseling.

2.24 Identify personal characteristics which facilitate the helping process and develop sensitivity to self.

2.25 Identify characteristics of effective communication with others.

2.26 Analyze the influences of the family on the development of children and adolescents.

2.27 Recognize characteristics of behavior problems and disorders which may develop in childhood and adolescence.

2.28 Analyze social factors which influence learning and personality development in children and adolescents (e.g., socioeconomic status, school and community, various life styles ).

2.29 Analyze factors which affect the development of self-identity (e.g., autonomy, sex roles).

2.30 Analyze peer influences on human growth and development.

3.0 CAREER DEVELOPMENT

3.1 Identify the goals, content, and structure of career planning and preparation programs in the schools.

3.2 Analyze employment trends and their effects on career planning programs (e.g., demographics, economic factors, occupational outlook, automation, and technology).

3.3 Analyze career development theory as it relates to career planning in the schools.

3.4 :Apply the principles of major developmental theories to career planning.

3.5 Identify federal, state, local, and commercial sources of occupational information.

3.6 Identify appropriate informational materials and methods for collecting and disseminating materials to students (e.g., educational, occupational, military).

3.7 Analyze the role of the school counselor in providing assistance to students seeking employment (e.g., resume preparation, job interviewing skills, placement, aiding students in interpreting experience).

3.8 Identify the goals and objectives of career planning and preparation in vocational-technical schools.

3.9 Identify curriculum appropriate to student career goals.

3.10 Analyze the role of the counselor in helping students make post-secondary educational decisions.

3.11 Identify the developmental levels of career development and the career management tasks appropriate to each level.

3.12 Identify the role of the school counselor in comprehensive career education programs.

4.0 TESTING AND EVALUATION

4.1 Identify the characteristics and uses of aptitude/placement and intelligence tests.

4.2 Identify the characteristics and uses of achievement/diagnostic tests.

4.3 Identify the characteristics and uses of personality/interest inventories.

4.4 Identify the characteristics and uses of anecdotal and cumulative records for assessment.

4.5 Identify the characteristics and uses of self-report instruments for assessment.

4.6 Identify the characteristics and uses of observation techniques and instruments for assessment (e.g., rating scale, checklists).

4.7 Identify the characteristics and uses of case studies/histories for assessment.

4.8 Analyze the concept of validity as it applies to test instruments.

4.9 Analyze the concept of reliability as it applies to test instruments.

4.10 Differentiate between norm-referenced and criterion-referenced test instruments and their uses.

4.11 Select appropriate test instruments for specific evaluation purposes.

4.12 Interpret and communicate test data applied to a given student.

4.13 Analyze the relationship between various descriptive statistics in interpreting test scores (e.g., standard deviation, percentiles, central tendency).

4.14 Analyze the advantages and disadvantages of different types of test scores (e.g., standard scores, grade equivalents, raw score, etc.).

4.15 Analyze methods 'and issues involved in synthesizing testing and nontesting data.

4.16 Analyze various uses of test data.

4.17 Identify ways to accommodate special needs of students using data and group decision-making strategies.

4.18 Identify procedures for administering tests in individual and group settings.

4.19 Identify procedures for assisting school personnel in the use and interpretation of test data.

4.20 Analyze legal and ethical issues related to testing, reporting test scores, and using test results.

4.21 Identify criteria and procedures for evaluating school counseling programs.

4.22 Apply the results of school counseling program evaluations in improving the counseling program.

Series 128 School Nurse Content Specialization Objectives (5119.02)

W. Va. Code R. § 126-128-1 General

1.1. Scope. -- This legislative rule establishes the content specialization objectives which must be incorporated by an institution into the educational personnel preparation program for school nurses who are certified to serve in the public schools in West Virginia. = -

1.2. Authority. -- W. Va. Code §18-2-6

1.3. Filing Date. -- November 2, 1984

1.4. Effective Date. -- January 2, 1985

1.5. This is a new policy.

W. Va. Code R. § 126-128-2 Additional

2.1. Copy of content specialization program objectives attached. Copies may be obtained in Office of Secretary of State and in the West Virginia Department of Education, Bureau of General, Special, and Professional Education.

2.2. Summary of major content specialization areas identified below.

SUMMARY OF CONTENT SPECIALIZATION PROGRAM AREAS

The content specialization program objectives for school nurses are clustered into eight major headings: theory, program management, nursing process, interdisciplinary collaboration, health education, professional development, community health systems, and research.

School Personnel Certification and Licensure Standards School Nurse Content Specialization Objectives The purpose of this policy is to establish program objectives that West Virginia institutions of higher education would use to develop training programs for school nurses. The objectives are to be used by the institutions for developing their programs. All of the objectives for school nurses are viewed as job-related by all three programmatic levels, i.e., early childhood (grades K-4), middle childhood (grades 5-8), and adolescent education (grades 9-12).

The objectives contain the following areas:

Areas

1.0 THEORY

2.0 PROGRAM MANAGEMENT

3.0 NURSING PROCESS

4.0 INTERDISCIPLINARY COLLABORATION

5.0 HEALTH EDUCATION

6.0 PROFESSIONAL DEVELOPMENT

7.0 COMMUNITY HEALTH SYSTEMS

8.0 RESEARCH

Teacher Education Training Program Objectives for School Nurses, Grades K-12, Proposed Policy 5119.02

1.0 THEORY

1.1 - Understand theories of nursing and other appropriate theories to make decisions on nursing practice. Theories shall Include but not be limited to growth and development, hierarchy of needs, systems, family and group dynamics, learning, change, crisis, self-care, public health science including epidemiology and levels of prevention/wellness, and adaptation.

1.2 __ Utilize theory and critical thinking to formulate generalizations.

1.3 ._ Communicate theoretical information to peers, students, family, other professionals, and the community.

2.0 PROGRAM MANAGEMENT

2.1 - Understand need to collaborate with school administrators to establish, review, and revise policy and procedures for a comprehensive school health services program as defined in State Board policies and other state guidelines, rules, regulations, and legal constraints.

2.2 = Understand legal aspects of health services provided within the school setting.

2.3 { Understand methods of promoting awareness of school health programs to the community.

2.4 - Understand the processes to identify students at-risk for physical and psychosocial problems. -

2.5 " Understand processes to communicate health needs to school personnel.

2.6 Understand methods of reporting and recording data to provide for continuity and accountability of the program.

2.7 Understand the use of data management systems in planning and evaluating comprehensive school health programs.

3.0 NURSING PROCESS

3.1 : Collect, record, and interpret subjective and objective data from: student, family, significant others, school personnel, and health care professionals.

3.2 . Formulate nursing diagnoses based on comprehensive assessments.

3.3 . Develop a nursing care plan in collaboration with the student, family, health care providers, and school personnel .

3.4 Select intervention strategies for individuals and populations at risk to prevent potential health problems.

3.5 _Select intervention strategies for a normal well child who evidences an acute illness, injury, or temporary handicapping condition.

3.6 " Select methods for teaching the student positive health practices for self-care.

3.7 Select interventions to enhance self-care ability for the student with health problems.

3.8 Communicate to the student and family the current health status and identify resources for meeting health needs.

3.9 Employ teaching learning principles to enable the student to make appropriate health decisions.

3.10 Communicate to school personnel the adaptations necessary to meet individual student's health needs.

3.11 Utilize principles of health counseling and referral. 3.12- Implement the nursing care plans to ensure optimal educational opportunity for handicapped, chronically ill, and terminally ill students.

3.13. Evaluate the effectiveness of the plan of care.

3.14 Document the effectiveness of the plan of care. 3.15" Revise the nursing care plan as needed.

4.0 INTERDISCIPLINARY COLLABORATION

4.1 Participate as a team member in the formulation of overall goals, plans, and decisions.

4.2 _ Understand the advocacy role in relation to the student and family.

4.3 Participate with supportive disciplines in the development of the individualized educational plan when service for the student is health related.

4.4 Understand the significance of the roles of each supportive discipline.

5.0 HEALTH EDUCATION will beable to:

5.1 " Identify health education needs of students.

5.2 = Utilize principles of learning and appropriate teaching methods. .3 Provide Information and assess understanding of the basic principles of health to individuals and groups.

5.4 - Act as resource person in health education/health promotion to school personnel.

6.0 PROFESSIONAL DEVELOPMENT

6.1 " Assume the responsibility for continued professional development.

6.2 _ Analyze recommendations resulting from evaluation processes -and develop strategies for change when appropriate.

6.3 - Demonstrate professional responsibility through organizational membership and active support and/or participation in appropriate professional activities.

7.0 COMMUNITY HEALTH SYSTEMS

Following - completion of the program the prospective school nurse

7.1 - Utilize theoretical base to understand the structure and function of a community.

7.2 . Understand methods for conducting community health assessments.

7.3 _ Identify deficits in school health services and facilitate the development of needed services.

7.4 - Recognize current legal, social, and political issues that influence the nature of school and community health.

7.5 Understand the roles of individuals and groups, including legislative bodies and regional and state planning groups, as they relate to school and community health needs.

7.6 - Collaborate with agencies and organizations within and outside of the community to insure provision and continuity of service and care.

8.0 RESEARCH

8.1 . Utilize research base in practice.

8.2 .. Identify problems regarding school nursing practice.

NS Q4/9 =

Revised 6/12/86.

Series 129 Professional Education Performance Objectives For Teaching Areas (5120.01)

W. Va. Code R. § 126-129-1 General

1.1. Scope. -- These legislative interpretive rule establishes the professional education performance objectives which institutions must incorporate into the professional education component of the educational personnel preparation program for all educators who receive content specialization endorsements on the Professional Teaching Certificate.

1.2. Authority. -- W. Va. Code §18-2-6

1.3. Filing Date. -- November 2, 1984

1.4. Effective Date. -- January 2, 1985

1.5. Repeal of Former Professional Education Objectives. This is a revision.

W. Va. Code R. § 126-129-2 Additional

2.1. Copy of Professional Education Performance Objectives for Teaching Areas attached .. Copies may be obtained in the office of the Secretary of State and in the West Virginia Department of Education, Bureau of General, Special, and Professional Education.

2.2. Summary of the major performance areas are listed below.

SUMMARY OF PROFESSIONAL EDUCATION

PERFORMANCE OBJECTIVES FOR TEACHING

AREAS

The professional education performance objectives which institutions must incorporate into preparation programs for instructional personnel are clustered into four major areas: pre-teaching, teaching, postteaching, and other professional activities. Each of these broad areas is further defined into competencies which should be demonstrated by the prospective teacher.

School Personnel Certification Licensure Standards Job Related Professional Education Performance Objectives PROFESSIONAL EDUCATION PERFORMANCE OBJECTIVES FOR TEACHING AREAS Introduction All the following professional education performance objectives for teaching areas. were verified as job-related for all three programmatic levels, i.e., early childhood (grades K-4), middle childhood (grades 5-8), and adolescent education (grades 9-12). These objectives must be demonstrated within each content specialization and each programmatic level for which certification is being sought.

Descriptors are also provided for each performance objective.

Their purpose is to help clarify the intent of the objective; hence, the descriptors are not required.

1.0 PRETEACHING

1.1 Incorporate learning goals into instructional plans. - Identify learning goals. - Develop syllabus. - Develop course outlines.

1.2 Incorporate intended learning outcomes and learning objectives into instructional plans. - Specify learner outcomes - Write learning objectives. - Identify acceptable indicators of achievement. - Relate outcomes and objectives to instructional plans.

1.3 Incorporate student characteristics into instructional plans for purposes of instructional design. - Specify student characteristics: achievement level, learning style, developmental level, prior knowledge and experiences, cultural background, exceptionality.

1.4 Incorporate teacher characteristics into instructional plans. - . Specify relevant teacher characteristics (e.g., teaching style, background). - . Relate teacher characteristics to instructional plans. - - Integrate subject area content with instructional plans (prior content taught, planned future content).

1.5 Apply a personal framework for teaching in developing an instructional plan. - State personal teaching philosophy and theory. - Apply a personal philosophy in developing instructional plans. - Adapt plan to fit within the context of policies, laws, ethics, and regulations. - Utilize research on teaching and learning in the development of instructional plans. - Relate school procedures and school social, political, and enviornmental factors to instructional plans.

1.6 Plan instructional strategies that are consistent with intended learning outcomes and learning objectives. - Identify instructional strategies (e.g., role-playing, lecture, discussion ). - . Relate instructional strategies to stated outcomes.

1.7 Select, develop, or modify instructional materials to meet intended learning outcomes and learning objectives. - - Select materials for a specific instructional program - - Construct games. - Revise/adapt prepared materials. - = Select appropriate media. - = Relate materials to stated outcomes.

1.8 Determine appropriate classroom procedures and organizational strategies to support the instructional environment. - - Establish classroom procedures, (e.g., rules, time schedule). - - Implement organizational strategies (e.g., use of space, grouping patterns for planned activities ). - - Relate procedures and strategies to the instructional environment.

1.9 Incorporate information from various sources (e.g., school records, students, parents, teachers, other school personnel ) in planning for instruction . - - Discuss instructional plans with teachers and other school personnel. - Plan cooperatively with students/parents to set educational goals. - - Integrate information into instructional plans.

1.10 Select assessment or evaluation strategies to measure learning outcomes, objectives, and instructional effectiveness. - Select or develop tests and student assignments. - Specify assessment/evaluation strategies. - Choose appropriate assessment strategies for various purposes (e.g., screening, achievement, placement, program planning).

2.0 TEACHING

2.1 Maintain a positive learning environment to support mastery of learning outcomes and objectives. - - Facilitate a climate of mutual trust.

Show respect for students. - - Facilitate constructive learner/teacher interaction. - - Display emotional maturity and stability. - Exhibit enthusiasm and warmth. - - Communicate positive expectations. - Involve students ..

2.2 Communicate with students to provide a context for learning that is consistent with instructional plans. - - State purpose, rationale, and objectives to be achieved. - State rules and expectations. - Summarize and review. - Relate activities to previous and future experience. - Give instructions.

2.3 Organize students, materials, and the classroom environment in ways that are consistent with instructional plans. - -- Group students. - -- Distribute materials. - Use allocated instructional time effectively. - Arrange classroom furniture and fixtures.

2.4 Manage the instructional environment to enhance student learning and development consistent with instructional plans. - . Monitor classromm climate - Adjust to feedback. - Work in teams with other staff. - - Manage transitions. - . Resolve disruptive behavior and conflicts. - Accommodate classroom interruptions. - Maintain schedules.

2.5 Implement a variety of instructional strategies and materials consistent with instructional plans. - Conduct class discussions. - Deliver lectures. - - Work with students in small groups. - Use computer-assisted instruction. - - Use audio-visual materials. - .- Use role-playing and simulations. - - Hold debates.

2.6 Utilize questioning strategies consistent with instructional plans. - - Ask questions at appropriate taxonomic levels. - Ask questions in appropriate sequence. - - Use questioning as an instructional tool.

2.7 Provide verbal and/or nonverbal feedback to students. - . Accept, reinforce, or support learner comments. - Clarify or interpret learner responses. - Praise and encourage students. - Attend to student needs. - Use guiding and probing to extend student comments.

3.0 POSTTEACHING

3.1 Evaluate the effectiveness of the instructional process. - ---- . Conduct teacher self-evaluation. - Evaluate appropriateness of learning objectives. - Evaluate materials, activities, and strategies. - Evaluate student feedback.

3.2 Evaluate student progress toward mastery of learning outcomes and objectives. - Evaluate student progress using assessment methods stated in the instructional plan. - Administer teacher-made and standardized tests. - Use observation techniques and rating scales. - Conduct performance assessments of non-cognitive skills - Evaluate student products.

3.3 Organize, interpret, and summarize evaluation data for instructional planning, delivery, and management. - Review assessment data. - · Analyze and interpret assessment results. - Maintain records. - . . Prepare summaries of results. - Relate assessment results to prior information. - Interpret standardized test results.

3.4 Report student evaluation results to students, parents, and appropriate school administrative personnel. - Prepare results reports. - Present results to appropriate resource personnel.

· Prepare report cards. - Conduct parent conferences.

3.5 Use available evaluation results. - Use evaluation results in making instructional decisions and determining grades. - Prescribe follow-up instruction based on evaluation results. - - Make student referral for enrichment/remediation. - - Integrate results into future pre-teaching activities. . - Use evaluation results for teacher self-evaluation. - Determine Special Education needs.

4.0 OTHER PROFESSIONAL ACTIVITIES

4.1 Establish and implement a continuing education plan to meet personal and professional goals. - - State personal and professional goals. - - Participate in continuing education programs. - Select appropriate seminars, conferences, inservice/preservice workshops. and - Read professional journals. - Specify professional development activities.

4.2 Demonstrate management skills to carry out nonteaching responsibilities. - Perform administrative tasks (e.g., write reports, keep inventories, participate in planning and scheduling). - Perform management tasks, (e.g., lunchroom, playground, study hall, bus duty).

4.3 Follow school policies, rules, and regulations. - - Demonstrate awareness of legal responsibilities and obligations. - - Comply with school policies - - Comply with Special Education requirements. - - Demonstrate awareness of Special Education referral process (guidelines, criteria, personnel ). - Represent and enforce school policies, rules, and regulations.

4.4 Demonstrate skills necessary to work with school committees and community groups. - Use group process, consulting, and communication skills.

Apply skills in group meetings.

Series 130 Certification Of Vocational Administrators (5121)

W. Va. Code R. § 126-130-1 General

1.1. Scope. -- These procedural rules establish the conditions of employment and requirements for certification of vocational administrators.

1.2. Authority. -- W. Va. Code §184-3-2.

1.3. Filing Date, -- July 10, 1985

1.4. Effective Date. -- September 10, 1985

W. Va. Code R. § 126-130-2 Incorporation by Reference

2.1. Copy of rules and regulations attached. Copies may be obtained in the office of the Secretary of State and in the West Virginia Department of Education;

Bureau of General, Special, and Professional Education.

2.2. Summary of rules and regulations below.

SUMMARY OF RULES AND REGULATIONS

Rules and regulations contain: conditions of employment, requirements for the original and renewal of the Administrative Certificates, Temporary Licenses, and Authorizations endorsed for Vocational Administrator.

TITLE 126 PROCEDURAL RULE. WEST VIRGINIA BOARD OF EDUCATION CHAPTER 18A-3 SERIES 5121

ROLE DESCRIPTION

The vocational administrator provides leadership/management for a staff of supervisors, - coordinators, and teachers to operate a variety of occupational training programs that serve students from a specified geographic area. The person in this position is the designated agent of a local board or consortium of boards of education and is responsible for proper implementation of basic school administration as well as unique vocational concepts and methods.

Dependent on the school district, the vocational administrator may be responsible for the direction of vocational programming over multi or single county centers and/or a single center within a county. This person may currently utilize: a job title of "assistant superintendent of schools for vocational education, county vocational director, assistant county vocational director, county vocational coordinator, county vocational supervisor, vocational center principal or assistant principal, or some other title." An administrator who holds a full time position described above must qualify for and hold certification as a vocational administrator for employment and funding purposes regardless of his current local job title.

CONDITIONS OF EMPLOYMENT

Beginning July 1, 1982, all persons, regardless of local job title, who are serving as Vocational administrators must hold a valid certificate, license or authorization endorsed to serve in that position.

PROFESSIONAL ADMINISTRATIVE CERTIFICATE

A person who completes a state approved graduate program for the vocational administrator and who is recommended for certification under the approved guidelines will be granted the Professional Administrative Certificate endorsed for vocational administrator issued provisionally and valid for three years. The regulations for renewal, conversion and permanent certification shall be those contained in accord with the approved program for vocational administrators. The approved experimental program certification regulations and program objectives will remain in effect until such time as the West Virginia Board of Education adopts standards for the approval of a program for vocational administrators.

TEMPORARY LICENSE

A Temporary License endorsed for serving as a vocational administrator may be issued for a one-year period provided:

1. The applicant has completed:

A. The requirements for a bachelors degree from a regionally accredited institution and holds a) a valid West Virginia Board of Education Proc. Rule, Chapter 18A-3 Series 5121 Professional Teaching Certificate endorsed for a vocational subject area or b) a valid five-year Vocational Certificate or c) a valid Professional Teaching Certificate with any endorsement, and a valid Vocational Permit.

B. A minimum of nine semester hours of required graduate credit in the approved program for vocational administrator from an institution approved by the state to offer such a program.

The graduate institution where the applicant has completed at least six of the required semester hours for the vocational administrator endorsement recommends the issuance of the Temporary License. 3.

The employing superintendent:

A. Certifies that the applicant is the best qualified person available for the position of vocational administrator.

B. Recommends that the applicant be granted a Temporary License.

REISSUANCE REQUIREMENTS

The holder of a Temporary License endorsed for vocational administrator may have his/her license reissued for a one-year period provided:

1. He/she completes, subsequent to the issuance of his/her last Temporary License, six semester hours of credit prescribed for the vocational administrator endorsement.

The institution where the applicant expects to complete his/her vocational administrator program verifies that the credits earned are required in the institution's approved program for the vocational administrator endorsement.

3. The employing superintendent:

A. Certifies that the applicant is the best qualified person available for the vocational administrator position.

B. Recommends the reissuance of the license based upon the applicant's successful performance as a vocational administrator.

PERMANENT AUTHORIZATION FOR VOCATIONAL ADMINISTRATOR

A vocational administrator with five or more years of experience may be granted a permanent authorization provided he/she:

West Virginia Board of Education Proc. Rule, Chapter 18A-3 Series. 5121 _ 1.

Was legally serving as a vocational administrator in West Virginia during the 1981-82 school year.

Has completed a state sponsored vocational administrator's training program since July 1, 1981. 3.

Is recommended for the permanent authorization by the employing superintendent or superintendents. 4.

Is recommended for the permanent authorization by the assistant state superintendent for vocational education.

Persons eligible for the permanent authorization must file application not later than September 1, 1983. The permanent authorization shall enable the holder to continue as a vocational administrator provided he/she is employed on a continuous basis in West Virginia.

TEMPORARY AUTHORIZATION FOR VOCATIONAL ADMINISTRATORS

A vocational administrator with one or more years of experience who was legally serving as a vocational administrator in West Virginia during the 1981-82 school year may be granted, upon the recommendation of the employing superintendent or superintendents, a temporary authorization valid for three years_ for serving as a vocational administrator. The temporary authorization is nonrenewable.

The holder of the temporary authorization may convert to the permanent authorization for vocational administrator provided: 1.

He/she. completes, subsequent to the issuance of the temporary authorization, nine semester hours of approved credit from an approved graduate program for vocational administrators.

The employing superintendent certifies that the applicant has continued to successfully perform the duties of the vocational administrator and recommends the issuance of the permanent authorization.

Persons who desire to convert a temporary authorization to a permanent authorization must satisfy all requirements and file application not later than September 1, 1987. The temporary and/or permanent authorization enables the holder to continue as a vocational administrator provided he/she is employed on a continuous basis in West Virginia.

NS: D/3 - 10/13/86

PROFESSIONAL ADMINISTRATIVE CERTIFICATE ISSUED PROVISIONALLY ENDORSED FOR VOCATIONAL ADMINISTRATOR

A Professional Administrative Certificate endorsed for vocational administrator may be issued provisionally for a three-year (3) period provided: -- The Applicant: 1.

Holds a Professional Teaching Certificate endorsed for a vocational subject area, or a five-year Vocational Certificate or a Professional Teaching Certificate and a Vocational Permit.

Completes the requirements for a Master's degree relevant to the improvement of school instruction in an institution of higher education accredited to grant the degree. 3.

Has completed 3 years of successful teaching experience at the secondary/adult preparatory level. 4.

Has completed an approved vocational administrator graduate program which included the program objectives.

The Institution: __ 1.

Certifies that the applicant has satisfactorily completed its approved program for vocational administrator, or is enrolled in such a program and has completed the minimum requirements stated above.

Recommends the issuance of a Professional Administrative Certificate issued provisionally and endorsed for vocational administrator.

E/B10 - 10/13/85 _

Series 131 Professional Administrative Certificate Issued Provisionally Endorsed For Superintendent (5122)

W. Va. Code R. § 126-131-1 General

1.1. Scope. -- These legislative rules establish the eligibility criteria for issuance of a provisional Professional Administrative Certificate endorsed for superintendent.

1.2. Authority. -- W. Va. Code §18A-3-2

1.3. Filing Date. -- December 27, 1982

1.4. Effective Date. -- February 27, 1983

W. Va. Code R. § 126-131-1 Eligibility. - A Professional Administrative Certificate endorsed for superintendent may be issued provisionally for a period of three (3) years provided:

2.1. The applicant:

a. Holds a Professional Teaching Certificate or a Vocational Certificate b. Has completed five (5) years of successful educational experience in the public schools, including three years of classroom experience.

c. Has completed the requirements for a masters degree relevant to the improvement of instruction from an institution of higher education accredited to grant the degree.

d. Has completed an approved superintendent graduate program of thirty (30) semester hours which included program objectives 1-8.

e. Holds a Salary Classification at the MA + 15. level.

2.2. The institution:

a. Certifies that the applicant has satisfactorily completed its approved program for superintendent or is enrolled in such a program and has completed the minimum requirements stated in item (4) above.

b. Recommends the issuance of a Professional Administrative Certificate issued provisionally and endorsed for superintendent.

Series 134 Certification Patterns For Licensure (5200)

W. Va. Code R. § 126-134-1 General

1.1. Scope. -- The purpose of this policy is to establish certification patterns which assure that professional educators have the skills, knowledge, and attitudes necessary to delivery the public school programs of study at pre-kindergarten and kindergarten (Pre-K-K), early childhood (K-4), middle childhood (5- 8), and adolescent education (9-12) levels which have been adopted by the West Virginia Board of Education through Policies 2100, 2422.01, 2320, 2510, and 5100.

1.2. Authority. -- W. Va. Code §18A-3-2

1.3. Filing Date. -- January 22, 1985

1.4. Effective Date. -- March 22, 1985

W. Va. Code R. § 126-134-2 Rationale

2.1. The Master Plan for Public Education has as its major purpose improving the quality of learning and teaching in West Virginia. One of the governing principles of the Master Plan is the establishment of learner oriented programs corresponding to the developmental stages of the student's life. These stages have been identified at the pre- kindergarten, early childhood, middle childhood, and adolescent levels.

The Educational Goals for West Virginia and subsequent State Board policies have as their foundation the principle that learner-oriented educational personnel programs must be established in accordance with the student developmental stages defined in the Master Plan.

2.2. As a result of Policy 5100, anyone accepted into an approved educational personnel preparation program in West Virginia after August 31, 1985, must complete the content and professional education components at each programmatic level for which licensure is being sought. Therefore, in order to assure the public that high quality education is being provided to children and youth, licensure for professional educators must signify an alignment of public school educational programs and the preparation of professional educators.

W. Va. Code R. § 126-134-3 Certification Patterns

3.1. Endorsements on a license will relate to approved public school programs and/or areas of study and will be issued at the pre-kindergarten and kindergarten (Pre-K-K), early childhood (grades K-4), middle childhood (grades 5-8), adolescent (grades 9-12), and adult levels and combinations thereof.

W. Va. Code R. § 126-134-4 Implementation

4.1. Refiling of teacher education programs.

a. To assure that teacher training programs serve the personnel needs of public schools, this policy requires that institutions of higher education refile their existing programs in accordance with the guidelines for refiling programs under Policy 5100.

b. After the refiling process has been completed, this policy allows institutions of higher education to request West Virginia Board of Education approval to develop new programs which depart from the guidelines for refiling programs. However, such new programs should reflect advisement of students to enroll in a minimum of:

1. two (2) endorsements within one (1) student developmental level; or 2. one (1) endorsement across two (2) student developmental levels.

In vocational endorsement areas, adolescent/ adult levels could constitute the two (2) level requirement. Such advisement will allow individuals to be trained in multiple endorsements and levels to facilitate employment within the wide variety of buildings in which educational programs are delivered at the county level. \c. Exceptions to the two (2) field/two (2) levels requirement may be granted by the West Virginia Department of Education in accordance with procedures to be established. An annual report on exceptions will be submitted to the West Virginia Board of Educatio

4.2. Transitional assignments.

a. Professional personnel certified prior to the implementation of the new patterns may at the discretion of the county superintendent be assigned within the same building to teach one (1) grade level below or above the grade levels within the endorsement areas on their Professional Certificates without further training. \b. If the county superintendent determines additional staff development is needed by individuals as a result of the reassignment, staff development programs may be developed as part of the county's staff development program in order to provide personnel with the necessary skills, knowledge, and/or attitudes necessary to deliver the educational program. For example, a program may be designed to provide professional educators prepared and certified grades 5- 8, but assigned in a 6-9 or 7-9 building with the knowledge, skills, and attitudes necessary to deliver level 9 learning outcomes in the area endorsed on their licenses. = c. Professional personnel desiring to extend their certificates beyond a single grade level must enter a transitional training program approved by the West Virginia Board of Education in accordance with guidelines contained within this policy within the Effective Date section.

d. This transitional provision shall sunset on June 30, 1989 unless readopted by the West Virginia Board of Education. -

W. Va. Code R. § 126-134-5 Effective Date

5.1. Instate applicants. Individuals completing state approved educational personnel preparation programs in West Virginia institutions of higher education in accordance with Policy 5100 will be issued endorsements at the new levels. All other West Virginia institution graduates will receive the traditional patterns.

5.2. Out-of-state applicants. Beginning with the 1985-86 school year, out-of-state applicants seeking the initial certificate and who have completed programs resulting in levels of certification comparable to the new patterns will receive endorsements at the appropriate levels. Effective July 1, 1988 the new certification patterns only will be issued to qualified out-of-state applicants.

5.2. Transitional period. During the transitional period effective 1985-86, training options for currently employed personnel will be available to allow an individual to expand his/her certificate to reflect the new patterns. These transitional programs must a. be developed by county school districts and institutions of higher education;

b. reflect West Virginia Board of Education adopted program objectives;

c. recognize that employed personnel may already have acquired the necessary program objectives;

d. have West Virginia Board of Education approval prior to implementation based upon guidelines to be developed for inclusion in the 1985-86 permit/authorization policy revision.

Transitional programs may be delivered in a formal course or staff development context utilizing the most appropriate personnel as determined locally.

Series 136 Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classification (Policy 5202)

W. Va. Code R. § 126-136-1 General

1.1. Scope. -- This legislative rule establishes the minimum requirements for the licensure of educational personnel to be employed in the public schools of West Virginia.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code §§18-1-1, 18-2-5, 18‑4-2, 18‑8‑1, 18‑10E-1, 18A-2-9, 18A-2-12, 18A-3-1, 18A-3-1a, 18A-3-1b, 18A-3-1c, 18A-3-1d, 18A-3-1e, 18A‑3‑1f, 18A‑3-1g, 18A-3-1h, 18A-3-1i, 18A-3-2, 18A-3-2a, 18A-3-3, 18A-3-3a, 18A-3-6, 18A-3-7, 18A‑3‑10, 18A-31, 18A-3C-3, 18A-4-1, 18A-4-2a, 18A-4-2b, 18A-4-3, 18A‑4-4, 18A-4-7a, 18A‑4-8, 18B‑1B-1, 18A-4-8e, 29B-1-4, and 30-20A-2.

1.3. Filing Date. -- December 12, 2024.

1.4. Effective Date. -- January 11, 2025.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202), filed June 14, 2023, and effective July 17, 2023.

W. Va. Code R. § 126-136-2 Summary

2.1. This policy outlines the minimum requirements for the various certificates approved by the West Virginia Board of Education (WVBE) and issued by the State Superintendent of Schools (State Superintendent), to educators and paraprofessionals who qualify to work in West Virginia’s public schools. This policy also outlines the qualifications for advanced salary classifications. Important terminology is defined, governing principles are identified, and the criteria for issuance of each certificate and salary classification are established. Guidance for applying for certification and licensure is provided by the West Virginia Department of Education (WVDE).

W. Va. Code R. § 126-136-3 Purpose

3.1. The primary purpose of licensure is to assure the public that educators, paraprofessionals, and others licensed to work in West Virginia’s public schools meet established levels of competence to deliver an appropriate and effective educational program to the state’s public-school students. Licensure requirements established in this policy provide a means of ensuring that persons employed in West Virginia public schools have the necessary knowledge and skills to meet the responsibilities of their professional assignments in instruction, student support, administration, and any other areas of responsibility for which licensure is required.

3.2. The licensure system defined in this policy supports the proposition that licensure patterns and specializations should meet the needs of students and the mobility of qualified educational personnel.

W. Va. Code R. § 126-136-4 Definitions

4.1. Academic Major. At least 21 semester hours of coursework from an accredited IHE acquired in a single content area as identified on the official seal-bearing transcript, or verified by the IHE, from which the individual earned a degree. The 21 semester hours of coursework are required to be part of the candidate’s degree and must not include any semester hours of remedial coursework.

4.2. Advanced Credential. A certificate awarded to educators upon completion of specific professional learning, coursework, and/or testing. For purposes of demonstrating subject matter competence, the Advanced Credential may include, but is not limited to, Certification by the National Board for Professional Teaching Standards (NBPTS), in content area, and/or a master’s degree (MA) or doctorate (Ph.D., Ed.D.) in the content area.

4.3. Advanced Salary Classification. The upgrading of an educator’s salary classification to bachelor’s plus 15 (BA+15), master’s (MA), master’s plus 15 (MA+15), master’s plus 30 (MA+30), master’s plus 45 (MA+45), or doctorate.

4.4. Ancillary Requirements. For purposes of implementing the National Association of State Directors of Teaching Education Certification (NASDTEC) Interstate Agreement, ancillary requirements include, but are not limited to, minimum Grade Point Average (GPA), standardized testing or assessment, Evaluation Leadership Institute (ELI), mentoring, experience, or graduation from an accredited IHE.

4.5. Appeal. A written request submitted by a candidate for an appeal of denial for cause in accordance with section 6.2.h. The appellant is required to include in the appeal the basis for, and evidence supporting, the appellant’s argument.

4.6. Approved Career Technical Education (CTE) Preparation Program. An educational training program designed to prepare individuals to become educators specifically in CTE. This program provides instruction in teaching methodologies, curriculum development, classroom management techniques, and subject-specific content related to career and technical fields, based upon WVDE‑adopted CTE program objectives and other requirements, and endorsed by the WVBE.

4.7. Approved Program. An educational preparation program as defined in W. Va. 126CSR114, Policy 5100, Approval of Educator Preparation Programs (Policy 5100), and W. Va. 126CSR161, Policy 5901, Regulations for Alternative Certification Programs for the Education of Teachers (Policy 5901).

4.8. Associate degree (AA). An associate degree from an accredited IHE which has been issued or for which the requirements for have been met.

4.9. Automatic Revocation. The immediate termination of all rights and privileges of teacher licensure or certification as provided for by W. Va. Code §18A-3-6(d) as a result of a guilty plea or conviction for: the crimes of child abuse or sexual abuse under W. Va. Code §61-8D-3 or §61-8D-5, or a comparable statute or statutes in another state; a guilty plea or conviction for any criminal offense that requires a teacher to register as a sex offender; a guilty plea or conviction for any criminal offense which has an element of delivery or distribution of a controlled substance; or a guilty plea or conviction under W. Va. Code §61-2-1, or a conviction under any law of the United States or any other state for an offense with the same elements as those offenses described in W. Va. Code §61-2-1; or, having been adjudicated by a court of competent jurisdiction as having committed abuse of a child under W. Va. Code §49-4-601.

4.10. Automatic Suspension. The immediate suspension of all rights and privileges of a teacher licensure or certification as provided for by W. Va. Code §18A-3-6(b) as a result of: a charge or indictment for an offense under W. Va. Code §61-8D-3 or §61-8D-5 or comparable statute in any other state; a charge or indictment for any criminal offense that requires the teacher or certificate holder to register as a sex offender; a charge or indictment with any criminal offense which has as an element of delivery or distribution of a controlled substance; a charge or indictment for any offense under W. Va. Code §61-2-1 or under any law of the United States or any other state for an offense which has the same elements as the offenses described in W. Va. Code §61-2-1; or having been alleged to have committed abuse of a child in a petition filed (W. Va. Code §49-4-601).

4.11. Bachelor’s Degree (BA). A bachelor’s degree from an accredited IHE which has been issued to, or for which the requirements for a bachelor’s degree have been met by, a candidate who qualifies for, or holds, a Professional Certificate or its equivalent.

4.12. Bachelor’s Degree plus 15 (BA+15). A bachelor’s degree from an accredited IHE plus 15 semester hours of approved coursework through an accredited IHE, approved to offer graduate credit, met by a candidate who qualifies for, or holds, a Professional Certificate or its equivalent.

4.13. Beginning Educator. A classroom teacher with less than two years of teaching experience.

4.14. Beginning Educator Internship/Induction. A comprehensive system of support for classroom teachers designed to assist the educator during the first year(s) of employment by providing a mentor, academic coach, or other professional support personnel or programs to guide the candidate during the transition to a new job assignment and promote professional growth, in accordance with W. Va. Code §18A-3C-3.

4.15. Career Technical Education (CTE) Bachelor’s Degree plus 15 (BA+15). The completion of the coursework for issuance of a CTE Certificate plus an additional 15 semester hours of approved coursework from an accredited IHE.

4.16. Career Technical Education (CTE) Master’s Degree (MA). The completion of the coursework for issuance of a CTE Certificate plus 30 semester hours of approved coursework from an accredited IHE.

4.17. Career Technical Education (CTE) Master’s Degree plus 15 (MA+15). The completion of the coursework for issuance of a CTE Certificate plus an additional 45 semester hours of approved coursework from an accredited IHE.

4.18. Career Technical Education (CTE) Master’s Degree plus 30 (MA+30). The completion of the coursework for issuance of a CTE Certificate plus an additional 60 semester hours of approved coursework from an accredited IHE.

4.19. Career Technical Education (CTE) Master’s Degree plus 45 (MA+45). The completion of the coursework for issuance of the CTE Certificate plus an additional 75 semester hours of approved coursework from an accredited IHE.

4.20. Certificate. Any or all documents issued by the licensing agency to empower an individual to perform designated services within the public schools of West Virginia.

4.21. Certificate Holder. Any individual who has been issued a credential through the WVDE under the authority of the State Superintendent in accordance with Policy 5202 and W. Va. Code §18A-3-1.

4.22. Clinical Experience Permit. A credential issued to an educator candidate including, but not limited to, teachers, administrators, and student support personnel, who are enrolled and in good standing as part of an in-state or out-of-state approved preparation program at an accredited IHE that is a party to a written agreement with a county board of education for the clinical experience placement. This permit is not required for individuals who hold a valid or expired West Virginia Professional Teaching Certificate, Administrative Certificate, Student Support Certificate, or a valid First-Class/Full-Time Permit, Alternative Teaching Certificate, Provisional Alternative Certificate, Out-of-Field Authorization, Clinical Teacher of Record (CTR), or Clinical Residence Permit.

4.22.a. Candidates may or may not have yet obtained a BA and are required to obtain this permit prior to beginning a clinical experience in a West Virginia public or non-public school in accordance with Policy 5100, Approval of Educator Preparation Programs (Policy 5100).

4.22.b. This permit shall not be considered an initial certificate since eligible candidates have not completed all program requirements for initial licensure.

4.23. Clinical Teacher of Record (CTR). A credential issued to an individual who meets specific requirements of a state-approved preparation program at an IHE that has a current agreement with a county board of education in West Virginia for student placement which has been authorized by the WVBE, has completed required testing, and who may not have yet obtained a BA. This permit shall not be considered an initial certificate since eligible candidates have not completed all program requirements for initial licensure.

4.24. Community Programs. Early childhood education services provided in natural environments for children aged three to five. These include, but are not limited to, public or private childcare settings, private preschools, and Head Start. Community programs complement early childhood education services operated directly by county boards of education.

4.25. CTE Program of Study. A CTE program of study is the focused study of knowledge, and skills required for specific occupations and reflects specific endorsements recognized on the credential.

4.26. Conversion. The process of an educator completing requirements to upgrade from one level of certificate to another level.

4.27. County Board of Education. The entity responsible for supervising and controlling public schools in the district (W. Va. Code §18-5-1 et. Seq).

4.28. County Superintendent. The chief administrative officer of a county board of education in West Virginia.

4.29. Day. Calendar day.

4.30. Denial for Cause. A denial based on a candidate not meeting the criteria for licensure (W. Va. Code §18A-3-1(i)), which specifies that a certificate shall not be issued to any person who is not of good moral character and physically, mentally, and emotionally qualified to perform the duties for which the certification would be issued.

4.31. Division of Motor Vehicles (DMV). The West Virginia government agency established in W. Va. Code §17-A-1 or its equivalent in other states.

4.32. Doctorate. A doctoral degree, from an accredited IHE approved to offer doctorate degrees, which has been issued to, or for which the requirements have been met by, a person who qualifies for, or holds, a Professional Certificate or its equivalent.

4.33. Duplicate Credit. A credit that substantially includes the same content for which the person has received previous credit.

4.34. Early Childhood Classroom Assistant Teacher (ECCAT) Paraprofessional Certificate. A person who has completed the permanent authorization requirements and holds a paraprofessional certificate.

4.35. Early Childhood Classroom Assistant Teacher (ECCAT) Permanent Authorization. A person who has completed the minimum requirements for a state-awarded certificate for ECCAT that meets or exceeds the requirements for a child development associate (CDA).

4.36. Early Childhood Classroom Assistant Teacher (ECCAT) Temporary Authorization. A person who has not met the minimum requirements for the permanent authorization requirements but is employed in an ECCAT position and is currently enrolled and/or progressing toward meeting the permanent authorization requirements.

4.37. Educator or Professional Educator. Shall mean the same as a teacher as defined in W. Va. Code §18-1-1.

4.38. Endorsement. The specialization(s) and grade level(s) appearing on any certificate which designate the program areas to which the holder can be assigned within the public schools of West Virginia.

4.39. Experience. A professional assignment consistent with the endorsement(s) identified on the educator’s certificate(s).

4.40. Fee. For purpose of tuition reimbursement only, in accordance with W. Va. Code §18A-3-3a, includes any mandatory cost associated with tuition assessed by an IHE excluding costs associated with books, technology, and/or supplies.

4.41. Good Faith Eligibility. For purposes of certification application and effective date of certificates, is the allotted time period, not exceeding three school months, when an applicant has met all certification requirements but has not received the required documentation to support the submitted application, except when the WVDE’s review of the application requires additional processing time that causes the allotted good faith eligibility time to be exceeded.

4.42. Graduate Credit. A graduate level credit earned through an accredited IHE approved to offer graduate credit.

4.43. Hearing. A session held on an established day, at a specific time, for presenting evidence and arguments before the Licensure Appeal Panel or the Professional Practice Panel of the West Virginia Commission for Professional Teaching Standards.

4.44. Initial Certificate. The first certificate issued to a candidate by the WVDE in accordance with Policy 5202 and W. Va. Code §18A-3-1.

4.45. Institution of Higher Education (IHE). A college or university accredited by the official accrediting state agency in which the IHE is located, and by one of the regionally accrediting agencies recognized by the Council for Higher Education (CHEA), by one of the National Faith-Related Accrediting Organizations recognized by CHEA and the United States Department of Education (USDE), or by the Accrediting Council for Independent Colleges and Schools, to award degrees at stipulated levels including, but not limited to, BA, MA, and/or doctorate degrees.

4.46. Instructional Technology or Educational Technology. A research-based, systemic approach to define, understand, design, utilize, implement, manage, and evaluate appropriate educational technology applications, resources, and/or tools aligned with state-approved content standards for instruction intended to improve student learning.

4.47. International Credential Evaluation. An official evaluation report of international credentials that provides interpretation of international credentials and determination of the equivalency of educational programs, awarded degrees, and/or grades achieved to international and/or United States standards that demonstrates academic and/or professional achievement based on authentic documents and produced by an international credential evaluation service recognized by the Association of International Credential Evaluators or the National Association of Credential Evaluation Services.

4.48. Licensing Agency. The WVDE under the authority of the State Superintendent.

4.49. Long-Term Substitute. A licensed educator who temporarily replaces a person assigned to an educator position for more than 30 consecutive instructional days.

4.50. Master’s Degree (MA). A master’s degree related to public education earned at an accredited IHE approved to offer graduate coursework, which has been issued to, or the requirements have been met for a master’s degree related to public education, by a candidate who qualifies for, or holds, a Professional Certificate or its equivalent.

4.51. Master’s Degree plus 15 (MA+15). A master’s degree related to public education earned through an accredited IHE plus an additional 15 semester hours of approved graduate coursework from an accredited IHE. This classification requires a total of 45 semester hours including a master’s degree and shall be recognized only in the Professional Certificate or its equivalent.

4.52. Master’s Degree plus 30 (MA+30). A master’s degree related to public education earned through an accredited IHE plus an additional 30 semester hours of approved graduate coursework from an accredited IHE. This classification requires a total of 60 semester hours including a master’s degree and shall be recognized only on the Professional Certificate or its equivalent.

4.53. Master’s Degree plus 45 (MA+45). A master’s degree related to public education earned through an accredited IHE plus an additional 45 semester hours of approved graduate coursework from an accredited IHE. This classification requires a total of 75 semester hours including a master’s degree and shall be recognized only on the Professional Certificate or its equivalent.

4.54. Mentor. An experienced classroom teacher assigned to assist and support a beginning educator through an internship/induction period during the first year of full-time employment in a county school system or accredited non-public school which is encompassed in the comprehensive system of support for beginning educators (W. Va. Code §18A-3C-3).

4.55. Non-Public School. A private school, parochial school, church school, school operated by a religious order, learning pod, microschool, or other school that is not supported with public funds.

4.56. One Year of Experience. One year of full-time experience for conversion/permanent licensure purposes equals 133 paid days within one school year in an assignment for which the person holds a valid certificate.

4.57. Paraprofessional. Personnel certified (W. Va. Code §18A-3-2a) employed to perform duties in a support capacity including, but not limited to, facilitating in the instruction and direct and indirect supervision of students under the direction of a principal, a teacher, or another designated professional educator.

4.58. Performance-Based Assessment. As defined in Policy 5100.

4.59. Prerequisite Experience for Conversion. An educator’s paid professional assignment consistent with the endorsement(s) identified on the educator’s Professional Certificate or permissible under WVBE policy.

4.60. Professional Certificate or Equivalent. A Professional Teaching Certificate, Professional Student Support Certificate, Professional Administrative Certificate, CTE Certificate, Provisional Alternative Certificate, Provisional Professional Student Support Certificate, Provisional Professional Administrative Certificate, Temporary CTE Certificate, Permit for Non-United-States Citizen, Permanent Authorization for School Nurse, Temporary Nurse Certificate, or Nurse Certificate, and/or the Alternative Teaching Certificate required for employment in West Virginia public schools.

4.61. Professional Commitment. A written agreement executed by an educator to pursue certification in the endorsement area(s) in which the candidate is employed.

4.62. Quarter Hour Conversion. The equivalent to two-thirds of one semester hour.

4.63. Related to Public Education. For purposes of licensure renewal and advanced salary classification, means: any course offering included in a degree program in the field of K-12 or CTE education; content and/or professional education coursework related to the current licensure requirements; content and/or professional education coursework required for an additional endorsement; professional learning and/or special topics coursework approved by the WVDE; coursework identified in the personnel evaluation process; coursework related to technology for education; and/or coursework related to the mission and goals of the WVBE and/or the school organization.

4.64. Renewal. The extension of the certificate’s validity period under conditions set forth in WVBE policies.

4.65. Revocation. The termination of all rights and privileges of licensure or certification as imposed by a consent agreement or by a written decision issued after a hearing.

4.66. School Year. July 1 through June 30.

4.67. Semester Hour of College Credit. The unit of credit recognized for renewal of any certificate and/or advanced salary classification.

4.68. Short-Term Substitute. A licensed educator who temporarily replaces a person assigned to an education position for 30 consecutive instructional days or less.

4.68.a. Restricted Short-Term Substitute. A licensed educator who temporarily replaces a person assigned to an educational position, for a county with an approved substitute shortage waiver by the State Superintendent for ten consecutive instructional days or less.

4.69. Shortage Area. An endorsement area identified by the county superintendent as an area the county does not have fully certified candidates for a position.

4.70. Specialization. The specific teaching, administrative, or student support services assignment a certificate or permit holder is authorized to perform within West Virginia public schools as set forth in Appendix A.

4.71. State Board. The West Virginia Board of Education (WVBE) invested with the general supervision of free schools in the State (W. Va. Const. Article XII §2).

4.72. State Superintendent. The person appointed by the WVBE (W. Va. Code §18-3-1) responsible for the general supervision of free schools and the administration of the WVDE.

4.73. Suspension. A temporary termination of all rights and privileges of licensure or certification for a specified time period, or until certain conditions are met, as imposed by a consent agreement or a written decision after a hearing.

4.74. Teacher. Shall mean the same as defined in W. Va. Code §18-1-1.

4.75. Teaching Experience. Full-Time classroom teaching or student support services experience within the specialization(s) and grade level(s) reflected on the educator’s certificate in a public or non‑public school that has been accredited through a WVBE-approved accreditation agency (W. Va. 126CSR13C), Policy 2330, Non-public School Accreditation (Policy 2330).

4.76. Valid Administrative/Management Experience. Any work experience shall include full-time assignment(s) in a public school system or managing a program related to the public school system where the candidate was a school, district, or state-level administrator where duties required supervision and evaluation of employees.

4.77. Validity Period. The time period a certificate is valid as reflected by the effective and expiration dates on a certificate.

4.78. Valid Out-of-State Certificate. A certificate to work as a public school teacher, administrator, or Student Support Personnel issued by a recognized licensing authority outside of the State that is unencumbered, not expired, or been surrendered, revoked, or currently suspended.

4.79. West Virginia Board of Education (WVBE)-Approved High School Equivalency Exam. A high school equivalency exam approved by the WVBE.

4.80. West Virginia CTE Endorsement and Testing Manual. A listing of all WVBE-required licensure exams and industry credentials required for educator certification and completion of WVBE-approved CTE programs leading to West Virginia licensure and available on the WVDE website.

4.81. West Virginia Commission for Professional Teaching Standards (WVCPTS). The official body representative of the educational community that is responsible for reviewing and recommending to the WVBE standards for the licensure of educational personnel; presiding over hearings and making recommended decisions to the State Superintendent related to licensure; any other duties related to licensure assigned by the WVBE.

4.82. West Virginia Department of Education (WVDE). The state education agency overseen by the State Superintendent of Schools and established (W. Va. Code §18-3-9).

4.83. West Virginia Higher Education Policy Commission (WVHEPC). The statewide higher education policy commission established (W. Va. Code §18B-1B-1).

4.84. West Virginia Licensure Testing Directory (directory). A listing of all WVBE-required licensure exams and validity periods for educator certification and completion of WVBE-approved programs leading to West Virginia licensure and available on the WVDE website.

4.85. West Virginia Provisional Alternative Certificate. A certificate assuring that the minimum criteria required for certification has been met with a one-year validity period and an option to renew the certification twice. This certificate may be issued to a candidate who meets full-time experience requirements, and/or academic standards from an out-of-state IHE; or currently holds a valid Alternative Teaching Certificate; and is employed full-time in a West Virginia public school; and meets the requirements of section 9.

W. Va. Code R. § 126-136-5 Categories of Licenses

5.1. Professional Certificate. The Professional Certificate may be issued to a candidate who meets prescribed full-time experience and/or academic and professional standards and has been assessed as competent to assume a role in public education within the specialization(s) and grade level(s) designated on this certificate. A Professional Certificate may be issued in teaching, student support services, or administrative specializations.

5.2. Alternative Teaching Certificate. The Alternative Program Teacher Certificate is a teaching certificate that authorizes a person to teach while participating in a WVBE-approved alternative program for the education of teachers in accordance with W. Va. 126CSR161, Policy 5901, Regulations for Alternative Certification Programs for the Education of Teachers (Policy 5901). The alternative program certificate is issued initially for one year and can be renewed twice for a total of three years of employment under this certificate.

5.3. Career and Technical Education (CTE) Certificate. The CTE Certificate may be issued to a candidate who has acquired prescribed CTE and/or technical skills through specific wage-earning experience and/or WVBE-approved equivalent training recognized in the West Virginia CTE Endorsement and Testing Manual maintained on the WVDE website, within the specialization(s) and grade level(s) designated on this certificate. The CTE Certificate is equivalent to the Professional Certificate for salary purposes only.

5.4. Temporary Career Technical Education (CTE) Certificate. The Temporary CTE Certificate may be issued to a candidate who has been offered employment and holds a valid out-of-state CTE certificate but does not hold the required industry-recognized credential, five years of teaching experience within the specialization and/or met the testing requirements required for issuance of the CTE Certificate. The Temporary CTE Certificate may also be issued to an educator who holds a valid West Virginia Professional Teaching Certificate and has been offered employment in a CTE position, provided the individual meets the general criteria for an Initial CTE Certificate as specified in section 10.4, except for obtaining the specified credential identified in the West Virginia CTE Endorsement and Testing Manual.

5.5. Temporary Teaching Certificate. The Temporary Teaching Certificate may be issued to a candidate who does not meet the requirements for a Professional Teaching Certificate but has obtained employment in a West Virginia public school that meets the issuance criteria.

5.6. Permit. The Permit may be issued to a candidate who does not meet the requirements for the Professional or CTE Certificate but has been determined by a county superintendent to be the most qualified candidate for the position. The Non-United States Citizen Permit may be issued to a Non‑United States citizen in accordance with section 17 of this policy unless the candidate meets the conditions specified in section 17.1.

5.7. Adult Certificates and Adult Permits. The Adult Certificate may be endorsed for Adult Education (formerly Adult Basic Education). The Adult Permit is required to instruct career technical education to adults in designated adult programs only for endorsements identified in the West Virginia CTE Endorsement and Testing Manual available on the WVDE website, including the endorsements for Adult Education’s Public Service Training including, but not limited to, Emergency Medical Services (EMS), or Fire Service Training.

5.8. Authorization. The Authorization may be issued to a candidate who does not meet the criteria for any of the credentials in accordance with section 5.1 through section 5.7 or is assigned to a position for which a specialization related to public school instruction or a public school program does not exist on the Professional or CTE Certificate. A Temporary or Permanent Authorization that requires a Professional Certificate as a prerequisite shall be valid provided the Professional Certificate remains valid in accordance with section 11.12.

5.9. Paraprofessional Certificate. The Paraprofessional Certificate may be issued to a candidate who meets the required academic or equivalent standards and/or experience to work in a support capacity to assist in the facilitation of instruction and supervision of students while under the direction of a professional educator. An educator who holds a valid out-of-state or a valid or expired West Virginia Professional Certificate and is employed as a paraprofessional is not required to hold a Paraprofessional Certificate.

5.10. Provisional Alternative Certificate. The Provisional Alternative Certificate is a professional certificate that may be issued to a candidate who meets the experience requirements and/or academic and professional standards in accordance with section 15. This certificate, issued for one year, may be renewed twice but is not eligible for additional endorsements based on passing content proficiency exams pursuant to section 21.2.

5.11. Advanced Credential. Advanced Credentials are awarded to educators for completing professional learning, coursework, and/or testing that exceeds the requirements for a professional certificate, which may include a CTE certificate when applicable. Endorsements identified as Advanced Credentials have unique and specific requirements for the initial issuance and subsequent renewal. Advanced Credentials may be required for employment.

W. Va. Code R. § 126-136-6 Legal Basis for Licensure

6.1. West Virginia Board of Education (WVBE). The education of professional educators in the state shall be under the general direction and control of the WVBE. (W. Va. Code §18A-3-1.) The WVBE, in consultation with the West Virginia Commission for Professional Teaching Standards (WVCPTS), shall adopt standards for the education of professional educators in the state and for the awarding of certificates valid in the public schools of this state.

6.2. State Superintendent of Schools (State Superintendent). In accordance with WVBE policies for the education of professional educators, the State Superintendent may issue certificates valid in this state. (W. Va. Code §18A-3-1i through §18A-3-2a.)

6.2.a. A county shall employ a candidate for a certificate in good faith on the anticipation that the candidate is eligible for a certificate. If it is later determined that the candidate was not eligible, the State Superintendent may authorize payment by the county board of education to the teacher for time not exceeding three school months or the date of notification of the candidate’s ineligibility, whichever occurs first, as set forth in W. Va. Code §18A-3-2.

6.2.b. Revocation and Suspension of Certificates. The State Superintendent may, after 10 days’ notice and upon proper evidence, revoke or suspend the certificates of any teacher or certificate holder, including those certificates that have expired, for any of the following causes: intemperance; untruthfulness; cruelty; immorality; the conviction of a felony or a guilty plea or a plea of no contest to a felony charge; the conviction, guilty plea or plea of no contest to any charge involving sexual misconduct with a minor or a student; or for using fraudulent, unapproved, or insufficient credit to obtain the certificates. For purposes of section 6 of this policy, teacher is defined as set forth in W. Va. Code §18-1-1(g) and shall include any individual holding a certificate granted (W. Va. Code §18A-3-2a).

6.2.b.1. In order for any conduct of a teacher or certificate holder involving intemperance; cruelty; immorality; or using fraudulent, unapproved or insufficient credit to obtain the certificates to constitute grounds for the revocation of the certificates of the teacher or certificate holder, there must be a rational nexus between the conduct of the teacher or certificate holder and the performance the teacher’s/certificate holder’s job.

6.2.b.2. Any county superintendent, public school principal, or public charter school administrator who knows of any acts on the part of any teacher/certificate holder for which a certificate may be revoked or for which other actions may be taken in accordance with W. Va. Code §18A-3-6(a)-(f) shall report this information together with all the facts and evidence, to the State Superintendent for such action as in the State Superintendent’s judgment may be proper.

6.2.b.2.A. The State Superintendent shall periodically ensure that county superintendents, public school principals, and public charter school administrators are complying with reporting requirements.

6.2.b.3. The State Superintendent may automatically suspend the certificate held by a teacher or certificate holder in any of the following circumstances:

6.2.b.3.A. The teacher or certificate holder is charged or indicted for an offense under W. Va. Code §61-8D-3 or §61-8D-5 or a comparable statute in any other state;

6.2.b.3.B. The teacher or certificate holder is charged with, or indicted for, any criminal offense that requires the teacher or certificate holder to register as a sex offender;

6.2.b.3.C. The teacher or certificate holder is charged with or indicted for any criminal offense which has an element of delivery or distribution of a controlled substance;

6.2.b.3.D. The teacher or certificate holder is charged with, or indicted for, any offense under W. Va. Code §61-2-1, or under any law of the United States, or any other state for an offense which has the same elements as the offenses established in W. Va. Code §61-2-1; or

6.2.b.3.E. A petition has been filed (W. Va. Code §49-4-601) alleging that the teacher or certificate holder has committed abuse of a child.

6.2.b.4. If any such charge or indictment resulting in suspension pursuant to section 6.2.b.3. is dismissed by the court in which it is pending, if the teacher or certificate holder is acquitted of such charge, or if a petition filed (W. Va. Code §49-4-601) and resulting in suspension pursuant to section 6.2.b.3 is dismissed by the court in which it is pending, the teacher’s or certificate holder’s certification shall be reinstated unless otherwise prohibited by law.

6.2.b.5. The State Superintendent shall automatically revoke the certificates held by a teacher or certificate holder in any of the following circumstances:

6.2.b.5.A. The teacher or certificate holder pleads guilty to or is convicted of an offense under W. Va. Code §61-8D-3 or §61-8D-5 or a comparable statute in any other state;

6.2.b.5.B. The teacher or certification holder pleads guilty to or is convicted of any criminal offense that requires the teacher or certificate holder to register as a sex offender;

6.2.b.5.C. The teacher or certificate holder pleads guilty to or is convicted of any criminal offense which has as an element delivery or distribution of a controlled substance;

6.2.b.5.D. The teacher or certificate holder pleads guilty to or is convicted of an offense under the provisions of W. Va. Code §61-2-1, or has been convicted under any law of the United States, or any other state for an offense which has the same elements as those offenses described in W. Va. Code §61-2-1; or,

6.2.b.5.E. A court of competent jurisdiction has adjudicated the teacher or certificate holder as having committed abuse of a child under W. Va. Code §49-4-601.

6.2.b.6. If any conviction resulting in automatic revocation pursuant to section 6.2.b.5 is overturned by a court of this state or the United States, or if such adjudication of abuse of a child (W. Va. Code §49-4-601) and resulting in automatic revocation pursuant to section 6.2.b.5 is overturned by the Supreme Court of Appeals of West Virginia, the teacher’s or certificate holder’s certification shall be reinstated unless otherwise prohibited by law.

6.2.b.7. A teacher or certificate holder shall maintain a professional relationship with all students at all times, both in and out of the classroom. Following a hearing as provided in W. Va. Code §18A-3-6(a), any teacher or certificate holder found to have committed any act of sexual abuse of a student or minor or to have engaged in inappropriate sexual conduct with a student or minor, committed an act of cruelty to children or an act of child endangerment, or solicited, encouraged, engaged in, or consummated an inappropriate relationship with any student, minor, or individual, exploited a student by engaging in any of the aforementioned illegal or inappropriate conduct which then escalated into a relationship with the exploited student within 12 months following that student’s graduation, or engaged in grooming a student or minor shall have his or her certificate revoked for a period of time not less than five years.

6.2.b.7.A. For the purposes of section 6.2.b.7, grooming a student or minor means befriending and establishing an emotional connection with a student or minor, which may include the family of the student or minor, to lower the student’s or minor’s inhibitions with the objective of committing sexual abuse, child trafficking, child prostitution, the production of child pornography, or any other offense for which a certificate shall be revoked.

6.2.b.8. The State Superintendent may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person subject to licensure by the State Superintendent.

6.2.b.9. The State Superintendent may designate the WVCPTS or members thereof to conduct hearings on permanent revocations, suspensions, or certificate denials and make recommendations for action by the State Superintendent. See W. Va. Code §18A-3-6.

6.2.b.10. The State Superintendent shall have the authority to limit certificates, issue letters of admonishment, or enter into consent agreements requiring specific training as a condition for a teacher or certificate holder to maintain a certificate.

6.2.c. Recall of Certificates. If a certificate has been issued through error, oversight, or misinformation, the State Superintendent may recall the certificate and make any such corrections as will conform to the requirements of law and WVBE policies (W. Va. Code §18A-3-6).

6.2.d. Public Database. The State Superintendent shall maintain a public database of individuals who have had adverse action taken against their teaching certificate issued by the State Superintendent. Individuals whose certificates have been suspended or revoked by the State Superintendent are not eligible to be employed by a county board of education unless the certificate is subsequently reinstated by the State Superintendent (W. Va. Code §18A-3-6(f)).

6.2.d.1. All disciplinary actions taken against a certificate shall be reported to the National Association of State Directors of Teacher Education and Certification (NASDTEC) Clearinghouse.

6.2.e. Reinstatement Procedure Following Suspension or Revocation of Certificates. Except in the case of permanent revocation, a teacher or certificate holder whose license or certificate has been suspended or revoked may apply for reinstatement upon the expiration of the suspension or upon the expiration of the time specified for reapplication after a period of revocation, and once any conditions for reinstatement imposed by the State Superintendent have been satisfied.

6.2.e.1. An application for reinstatement shall be considered an application for initial license under W. Va. Code §18A-3-10, and the applicant must therefore be fingerprinted for a criminal background check.

6.2.e.2. The WVDE shall conduct an investigation to determine whether the teacher has satisfied any and all requirements for reinstatement and can demonstrate a record of rehabilitation which supports that the teacher presently possesses the integrity, moral character and competence to resume the duties of a teacher.

6.2.e.3. If, during the period of suspension or revocation, the requirements for the teacher’s certification have changed, the teacher must satisfy those requirements before reinstatement may be considered.

6.2.e.4. If the WVDE determines that a question exists as to a teacher’s fulfillment of all requirements, and therefore, a hearing is necessary, it shall submit a written report to the Professional Practice Panel of the WVCPTS.

6.2.e.5. After receipt of the WVDE’s written report, the Professional Practice Panel shall conduct a hearing and make a recommendation to the State Superintendent as to whether the teacher’s certificate should be reinstated and whether any conditions or restrictions should be placed upon the reinstated certificate. In determining whether the teacher has been rehabilitated, the Professional Practice Panel shall consider the seriousness of the conduct that formed the basis of the suspension or revocation.

6.2.f. Hearings and Appeals. An individual whose application for licensure, or licensure renewal, has been recommended for permanent denial for cause or denial for cause may request an appeal before the Licensure Appeal Panel of the WVCPTS in accordance with 126CSR4, Policy 1340, Rules and Procedures for Administrative Hearings and Appeals (Policy 1340). A hearing before the Professional Practice Panel of the WVCPTS is provided to an individual when the WVDE initiates a certificate revocation proceeding in accordance with Policy 1340.

6.3. The provisions of this policy regarding actions against a teaching certificate, reporting requirements, and the public database apply to all public school teachers or certificate holders whether employed by a county board of education or a public charter school.

W. Va. Code R. § 126-136-7 Responsibilities for Licensure

7.1. Candidates and licensed individuals shall:

7.1.a. Familiarize themselves with licensure requirements. All educators are responsible for familiarizing themselves with the West Virginia licensure and salary classification requirements and making application for any licensure/salary classification to which the educator is entitled. An Educator’s failure to apply for a certificate or an additional endorsement within 12 months from the completion of an approved program may result in additional requirements before the educator can be licensed as indicated in section 10.1.e. It is an educator’s responsibility to ensure that they hold a certificate valid for their assignment and that the correct endorsement and/or programmatic level are reflected on the certificate;

7.1.b. Consult with County Superintendent or Professional Designee. Each employed educator shall select, in consultation with the county superintendent or professional designee when applicable, the most appropriate coursework to the educator’s current or anticipated assignment and long-range professional learning plan; and

7.1.c. Complete Renewal Credit/Coursework. The educator is encouraged to complete the coursework for the renewal of the Professional Certificate one year prior to the expiration date of the certificate being renewed.

7.2. The county superintendent shall:

7.2.a. Counsel Employees. The county superintendent or professional designee is encouraged to advise employed educators on current licensure requirements and the educator’s professional responsibility for maintaining their certificates, additional endorsements, and advanced salary classifications, including the proper process for maintaining licensure and endorsements. County superintendents or professional designees are encouraged to notify employees at least one year in advance of the date the employee’s certificates must be renewed;

7.2.b. Recommend for Licensure. The county superintendent shall recommend, or not recommend, the issuance and renewal of all certificates for educators employed by the county board of education (W. Va. Code §18A-3-2a);

7.2.c. Report Immorality and Neglect of Duty. The county superintendent shall report any acts referenced in W. Va. Code §18A-3-6 for which a certificate may be revoked or for which other action may be taken, together with all facts and evidence, as may be proper, to the State Superintendent for the State Superintendent’s judgment;

7.2.d. Employ and Assign Personnel. The county superintendent shall recommend to the county board of education the most qualified candidate for each instructional, student support service, and administrative position (W. Va. Code §18A-4-7a). Additionally, the county superintendent shall ensure that all educators in their school district hold appropriate licensure for their assignment within the first three months of such employment. If an educator is employed in good faith on the anticipation that the educator is eligible for a certificate and it is later determined that the educator was not eligible, the county superintendent shall be authorized to pay the educator for a time not exceeding three school months or the date of notification of the ineligibility, whichever occurs first. (W. Va. Code §18A-3-2); and

7.2.e. Verify Contracted or Cooperative Services. The county superintendent shall assure that an educator providing contracted services, or services through a cooperative agreement, holds the same licensure required for an educator employed by a county board of education.

7.3. The WVDE shall:

7.3.a. Notify the candidate in writing that their application for licensure or salary classification has been approved or denied;

7.3.b. Provide technical assistance to individuals, county boards of education, and other agencies in understanding and implementing the licensure process. The WVDE shall serve as the repository for all licensure records, documents, and related materials. Applications, academic transcripts, fees, and other documents submitted for the issuance or maintenance of a certificate become the property of the WVDE upon submission;

7.3.c. Waive Requirements as appropriate. The State Superintendent shall have the authority to waive licensure requirements in situations where, after thorough investigation, it is determined that the candidate’s knowledge, preparation, and/or experience are adequate to justify such waiver. If the waiver request could result in the extension of a certificate or the issuance of a new certificate, the written request must be accompanied by the appropriate application and processing fee. The State Superintendent shall provide, in writing, the reason for granting or denying the waiver. A copy of the State Superintendent’s decision shall be maintained in the candidate’s records. If the WVDE recommends that an application be denied for cause, the candidate may not request a waiver but may file an appeal pursuant to the procedures outlined in Policy 1340.

7.3.d. Set Waiver Period. The waiver granted by the State Superintendent shall be for a period of one year unless the State Superintendent finds that a longer waiver is justified. During this one-year period, the candidate must complete all requirements that were waived. Prior to the conclusion of the one-year waiver period, the candidate must apply for licensure and meet all requirements for the licensure to be issued for the remaining period of the certificate. If the State Superintendent finds that a longer waiver is justified, the reasons must be stated in writing upon granting the request; and

7.3.e. Receive a Report from County Board of Education. The county board of education shall provide the WVBE by October 1, annually, data that includes available teacher positions in the county and any shortages in subject matter areas in the county.

W. Va. Code R. § 126-136-8 Teachers and Paraprofessionals in Federally Funded Programs

8.1. All teachers and paraprofessionals in federally‑funded programs must meet applicable West Virginia state certification and licensure requirements.

W. Va. Code R. § 126-136-9 General Requirements and Dates Certain for Licensure

9.1. General Requirements. A certificate to work in of West Virginia public schools may be issued to a candidate who is: a United States citizen or who holds a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS); of good moral character; physically, mentally, and emotionally qualified to perform assigned duties; and, has attained the age of 18 on or before October 1 of the year in which the certificate is issued unless otherwise noted (W. Va. Code §18A-3-2a).

9.2. Criminal History Record and Federal Bureau of Investigation (FBI) Fingerprint Background Check Requirement for Initial Licensure. All candidates who apply to the WVDE for initial licensure, or those who were issued a credential prior to January 1, 2001, and their license has expired, shall be fingerprinted by the West Virginia State Police or its designee. The fingerprints shall be analyzed by the State Police for a state criminal history record check through the central abuse registry record and then forwarded to the FBI for a national criminal history record check. Information contained in either the central abuse registry record or the FBI record may be the basis for the denial of a certificate for cause (W. Va. Code §18A-3-2a) and/or W. Va. Code §18A-3-10.

9.3. State Analysis for Employment within 90 Days. Within 90 days of the state fingerprint analysis, and after receiving written consent from the candidate, the WVDE may provide a copy of the results of a state analysis to the county board(s) of education where the candidate is applying for employment without additional cost to the candidate.

9.4. Disclosure Provisions. Information and/or documents maintained by the WVDE, or a county board of education obtained (W. Va. Code §18A-3-10) is exempt from disclosure under the Freedom of Information Act established in W. Va. Code §29B-1-4. The disclosure or publication of information in a statistical or other format that does not include personally identifiable information is permissible.

9.5. Beginning Educator Internship/Induction. An educator who receives an initial Professional Teaching Certificate after January 1, 1992, must successfully complete a Beginning Educator Internship/Induction. Provided, an educator who has successfully completed five years of out-of-state full-time teaching experience is exempt from completing the Beginning Educator Internship/Induction required by W. Va. Code §18A-3C-3. A candidate with five years of in-state full-time teaching experience at an eligible school, as defined in this policy, where a mentor was not provided during the first year of full-time employment with supporting documentation from the county employer shall be exempt.

9.6. Licensure and Related Fees. A non-refundable processing fee, established by the WVBE, shall be assessed for all applications. In addition to the processing fee, candidates who apply for an initial certificate are responsible for the current fee(s) assessed by the FBI for conducting a fingerprint background check and a West Virginia Criminal Bureau of Investigation fingerprint background check as required by W. Va. Code §18A-3-10. The WVDE shall also assess a fee for copies of records.

9.7. Dating of Certificates. All certificates shall be issued and dated in accordance with all relevant laws and WVBE policies. A county board of education may employ a candidate for a professional educator’s certificate in good faith that the candidate is eligible for a certificate for up to three school months, unless otherwise noted, or the notification date of the candidate’s ineligibility, whichever occurs first. This three-month period shall begin on the hiring date for that position. The candidate’s background check requirements shall be completed and the candidate’s application and assessed fees for licensure must be received by the WVDE within 10 calendar days of the hiring date. The certificate effective date shall be the same date it was received by the WVDE or the applicant’s hire/assignment date, not to exceed ten-calendar days, provided that all licensure requirements have been met on that date. Future employment and/or assignment dates are permissible. All certificates expire on June 30 of the last year of their validity irrespective of the date of issuance (W. Va. Code §18A-3-2). A candidate whose eligible credential is effective after December 1, may be issued a credential exceeding the validity period within the validity section of the certificate.

9.8. Expiration Date of Certificates. All certificates shall be issued and set to expire in accordance with this policy and W. Va. Code §18A-3-2a.

9.9. Specializations and Grade Levels. All certificates are required to include specialization(s) and grade level(s) in accordance with this policy, Policy 5100, and the provisions W. Va. Code §18A-3-2a. Information relating to specific designations for programmatic levels and specializations are established in Appendix A of this policy.

9.10. Recognition of Degrees and Coursework for Licensure, Renewal, and Advanced Salary Classifications.

9.10.a. Dating of Degree Recognition and Advanced Salary Classifications. Upon successful completion of an advanced degree or additional hours leading to a higher salary classification, the candidate is required to submit an application to the WVDE. After verifying that the candidate has completed the required coursework and/or earned the appropriate degree, the new degree/salary classification will be effective on the date that all requirements for the classification were completed not to exceed three months prior to WVDE’s receipt of the application for any valid and eligible certificate.

9.10.b. BA. Only a BA earned through an accredited IHE approved to offer a BA may be recognized for licensure and salary classification purposes.

9.10.c. MA. Only an MA earned through an accredited IHE approved to offer an MA and in a curriculum related to public education may be recognized for licensure and salary classification purposes.

9.10.d. Doctorate. Only a doctoral degree earned through an accredited IHE approved to offer a doctorate and in a curriculum related to public education may be recognized for licensure and salary classification purposes (W. Va. Code §18A‑4-1).

9.10.e. Degrees and Coursework from Non-accredited Colleges. Degrees and/or coursework earned through non-accredited IHEs are not recognized for licensure or salary classification purposes. A candidate who completed a state-approved program through a non-accredited IHE must complete the appropriate degree and approved program requirements through an accredited IHE before a license may be issued.

9.10.f. Recognition of IHE Credit for Renewal and Salary Classification Purposes. Only unduplicated coursework related to public education as defined in section 4.63, completed through an accredited IHE, or through the WVDE WVLearns program and reflected on an official IHE transcript, and subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application may be used for renewal of a certificate.

9.11. Grade Point Average (GPA).

9.11.a. For Issuance of an Original Certificate. A candidate for licensure is required to have a minimum overall GPA of 2.50, unless otherwise noted. The scholastic requirements shall be computed using the 4.0 scale including the discretionary academic forgiveness provisions approved by the higher education governing boards.; or

9.11.a.1. the candidate meets any eligible exemption specified in the directory or the West Virginia CTE Endorsement and Testing Manual;

9.11.a.2. must hold a minimum 2.50 GPA for all college/university coursework attempted with a BA, or minimum 3.00 GPA if submitting an MA or a doctorate degree, with the exception of a minimum 2.00 GPA required for the Substitute Permit and school nurses licensed by the West Virginia Registered Nurse Board or the West Virginia State Board of Examiners for Licensed Practical Nurses. CTE Teachers transitioning from business and industry to career technical education who meet the wage-earning experience requirements but may/may not possess a bachelor’s degree may be exempt from GPA requirements.

9.11.a.3. Candidates who hold a valid out-of-state teaching certificate with verification of five years of successful full-time experience in a public school in the area(s) of endorsement reflected on the certificate, which includes the state the certificate was issued in, are exempt from the GPA requirement.

9.11.a.4. A candidate who holds an MA or higher with a minimum 3.00 GPA meets the GPA requirement, superseding the minimum GPA required for a BA.

9.11.b. For Issuance of Additional Endorsements. Additional endorsements may be issued to a candidate who holds a West Virginia Professional Certificate, meets the 2.50 GPA requirement in the area(s) the endorsement is requested, unless otherwise specified. All required and elective courses completed for endorsement(s) shall be included in meeting GPA requirements, regardless of the completion date.

9.11.c. For Renewal of a Certificate. College/university credit completed for the renewal of a certificate is required to have a 3.00 GPA or meet the approved equivalent.

9.12. State Testing Requirements. All candidates for professional licensure or CTE certificate are required to meet state testing requirements (W. Va. Code §18A-3-2a) and set forth in section 10.1.e and the directory and the CTE Endorsement and Testing Manual, including the exemptions in W. Va. Code §18A-3-2a(1)(B) and in section 10.1.e.

9.12.a. When tests, scores, or industry credentials listed in the manual are modified, the validity period for the previously listed test, score, and/or industry credential shall be one year from the effective date of the new test, score, or industry credential, except when the test creator specifies otherwise. In those circumstances where the WVBE has not modified either the required test or the passing score, the test and score shall remain valid beyond the ten-year period. Candidates whose test score(s) exceed the ten-year validity period at the time of application for licensure are required to satisfy current testing and passing score requirements.

9.12.b. Exceptions for tests, scores, or industry credentials shall remain valid for 12 months after completion of an approved program for licensure where the candidate was continuously enrolled even if the test, score, or industry credential has modified.

W. Va. Code R. § 126-136-10 Licenses for Professional Educators

10.1. Professional Teaching Certificate.

10.1.a. Temporary Renewable Teaching Certificate.

10.1.a.1. General Criteria. A Temporary Renewable Teaching Certificate may be requested if the candidate possesses an expired out‑of-state certificate issued without restrictions equivalent to a West Virginia Professional Teaching Certificate at the time the application is submitted and meets the general requirements of section 9 including the criminal history record requirements, completes the WVDE module on school safety and social/emotional wellbeing if the out-of-state certificate has been expired more than three years, and has obtained employment, or an offer of employment, in a West Virginia public school.

10.1.a.2. Validity Period. The Temporary Renewable Teaching Certificate shall be valid for a period of one year and may be renewed twice.

10.1.a.3. Renewal of Temporary Renewable Teaching Certificate. To renew the Temporary Renewable Teaching Certificate, the candidate must be employed in a West Virginia public school, receive successful evaluations for each year taught under the Temporary Certificate within the West Virginia Educator Evaluation System with an earned performance rating of Emerging or above, and be recommended for renewal by the employing county superintendent.

10.1.a.4. Conversion of Temporary Renewable Teaching Certificate to an initial Professional Teaching Certificate. To convert a Temporary Renewable Teaching Certificate to an initial Professional Teaching Certificate, the applicant must have three years of full-time teaching experience under the Temporary Renewable Teaching Certificate in one or more area(s) of endorsement on the certificate; be employed in a West Virginia public school; receive successful evaluations for each year taught under the Temporary Renewable Teaching Certificate within the West Virginia Educator Evaluation System with an earned performance rating of Emerging or above; and, be recommended for an initial Professional Teaching Certificate by the employing county superintendent.

10.1.b. Temporary Teaching Certificate for Program Completers.

10.1.b.1. General Criteria. The Temporary Teaching Certificate for Program Completers may be issued only once to a candidate who has completed an approved preparation program and attempted the content Praxis at least twice without meeting the required cut score.

10.1.b.2. Conditions for Issuance. The applicant for the Temporary Teaching Certificate for Program Completers are required to submit documentation that they meet the following: holds a minimum of a BA including completion of an approved preparation program with an incorporated clinical experience, residency, or equivalent with the exception of passing scores for the Praxis content and professional education assessments; received a minimum of a B average in the content area in which the applicant will be applying for licensure; received a minimum 3.0 cumulative GPA; and is recommended for a Temporary Teaching Certificate for Program Completers by the county superintendent based on the applicant being the most qualified candidate for the position. Candidates who completed the program prior to January 1, 2020, are required to complete the WVDE module on school safety and social/emotional wellbeing.

10.1.b.3. Validity Period. The Temporary Teaching Certificate for Program Completers shall be valid for a period of one year and may be renewed twice.

10.1.b.4. Renewal of Temporary Teaching Certificate for Program Completers. To renew the Temporary Teaching Certificate for Program Completers, the candidate must be employed in a West Virginia public school; receive successful evaluations for each year taught under the Temporary Certificate in the West Virginia Educator Evaluation System with an earned performance rating of Emerging or above; and, be recommended for renewal by the employing county superintendent.

10.1.b.5. Conversion of Temporary Teaching Certificate for Program Completers to an Initial Professional Teaching Certificate. In order to be issued an Initial Professional Teaching Certificate, a candidate is required to complete three years of full-time teaching experience under the Temporary Teaching Certificate for Program Completers; receive successful evaluations for each year taught under the Temporary Certificate for Program Completers certification in the West Virginia Educator Evaluation System with an earned performance rating of Emerging or above; completed six semester hours of coursework or an MA+30, or be at least 60 years old, meet the required cut scores on all WVBE-required testing in accordance with section 10.1.c; or, meet a qualifying exemption in accordance with section 10.1.e or the WVBE-required score on the edTPA teacher performance assessment set forth in the Licensure Testing Directory.

10.1.b.5.A. Exception. Candidates who successfully complete both the WVBE-required testing and the WVBE-required score on the edTPA may apply to convert their certificate to a three-year Professional Teaching Certificate at any time after meeting this requirement has been met.

10.1.c. Professional Teaching Certificate.

10.1.c.1. General Criteria. A Professional Teaching Certificate may be issued to a candidate who has completed and met all requirements of a state-approved educator preparation program or has satisfied the requirements of W. Va. Code §18A-3-2a. Out-of-state candidates are required to meet the requirements in section 16. The Professional Teaching Certificate shall be endorsed to indicate the specialization(s) and grade levels, identified in Appendix A, that the certificate holder is authorized to be assigned to teach in the public schools.

10.1.c.2. Conditions for Issuance. The candidate for the Professional Teaching Certificate is required to submit documentation that they have met the criteria in accordance with section 9 and be recommended for a Professional Teaching Certificate by the employing county superintendent; and

10.1.c.2.A. WVBE-Adopted Tests. Unless the candidate is exempt, the educator is required to meet the minimum proficiency level(s) or any alternative specified in the directory or the West Virginia CTE Endorsement and Testing Manual approved by the WVBE for:

10.1.c.2.A.1. The required Pre-Professional Skills Tests in reading, writing, and mathematics;

10.1.c.2.A.2. Content Specialization Test(s) for each specialization for which the candidate is seeking licensure, if a test is required; and;

10.1.c.2.A.3. The Professional Education Test that includes most of the grade levels the applicant is seeking licensure for; the approved nationally normed teacher performance assessment (TPA); a WVBE-approved TPA authorized in Policy 5100 and the directory or meet the conditions under section 10.1.c.

10.1.c.3. Validity Period. The Professional Teaching Certificate shall be valid for three years and expires on June 30 of the last year of its validity and may be renewed.

10.1.c.3.A. The Professional Teaching Certificate shall not be transferable unless the requirements in accordance with section 10.1.c.4 are met.

10.1.c.4. Conversion of a Non-Transferrable Professional Teaching Certificate to an initial Professional Teaching Certificate. A candidate who successfully completes a WVBE-approved Teacher Performance Assessment in accordance with Policy 5100 may convert the certificate to a transferable Professional Teaching Certificate upon application or complete five years of full-time teaching experience with a minimum of one year in a West Virginia public school or accredited non-public school pursuant to Policy 2330, receive successful evaluations for each year taught under the Provisional Alternative Professional Certificate in the West Virginia Educator Evaluation System, and an earned performance rating of Emerging or above. The validity period of the converted teaching certificate shall expire on the same year as the non-transferrable certificate.

10.1.d. Provisional Alternative Certificate.

10.1.d.1. General Criteria. A Provisional Alternative Certificate may be issued to a candidate who has completed and met all the requirements for a West Virginia County Alternative Certification Program for the Education of Teachers pursuant to Policy 5901; has received an offer of employment from a county board of education and held an Alternative Teaching Certificate for a minimum of one school year. Provisional Alternative Certificates are required to reflect the specialization(s) and grade level(s), identified in Appendix A, the certificate holder is authorized to be assigned in the public schools. Reflected endorsements on a certificate are limited to eligible endorsements earned through a WVBE-approved alternative program. The Provisional Alternative Certificate is prohibited from being transferred.

10.1.d.2. Conditions for Issuance. The candidate for the Provisional Alternative Certificate is required to submit documentation that they meet the criteria in accordance with section 9; the WVBE testing requirements in accordance with section 10.1.e; and, be recommended for a Provisional Alternative Certificate by the employing county superintendent.

10.1.d.3. Validity Period. The Provisional Alternative Certificate shall be valid for one school year, expires on June 30 of the school year in which it is issued, and may be renewed twice. An educator who completed the West Virginia Alternative Certification Program for the Education of Teachers in December, or whose Provisional Certificate is effective on or after January 1, may be issued a Provisional Alternative Certificate valid until June 30 of the following school year.

10.1.d.4. Renewal of Provisional Alternative Certificate. An application for renewal is required to be submitted after January 1 of the year the certificate expires. The candidate for licensure is required to submit documentation of current employment in a West Virginia public school, received satisfactory evaluations (W. Va. Code §18A-2-12); and, be recommended for renewal by the superintendent of the county where the candidate is employed. Applications received after January 1 will have a valid effective date through the following school year with an expiration date of June 30.

10.1.d.5. Conversion of a Provisional Alternative Professional Certificate to an Initial Professional Teaching Certificate. To convert a Provisional Alternative Professional Certificate to an Initial Professional Teaching Certificate, candidates are required to submit documentation that they meet the following criteria:

10.1.d.5.A. Beginning Educator Internship/Induction. Successful completion of a Beginning Educator Internship/Induction (W. Va. Code §18A-3C-3) for classroom teachers or qualifies for an exemption in accordance with section 9.5;

10.1.d.5.B. Coursework. Six semester hours with a minimum of 3.00 GPA of appropriate college/university coursework or WVLearns coursework through the WVDE related to public education as defined in section 9.10 completed subsequent to the issuance of the initial Provisional Alternative Professional Certificate to be converted within the last five years, or hold an MA+30, or is a minimum of 60 years old; and

10.1.d.5.C. Experience. One year on the Alternative Teaching Certificate and two years of full-time teaching experience under the Provisional Alternative Professional Certificate in one or more area(s) of endorsement on the certificate in West Virginia; and

10.1.d.5.D. Successful Evaluations. Successful evaluations for each year taught under the Provisional Alternative Professional Certificate in the West Virginia Educator Evaluation System, with an earned performance rating of Emerging or above; and be recommended by the employing county superintendent, multi-county CTE administrator, or West Virginia Schools of Diversion and Transition (WVSDT) Superintendent or designee for conversion.

10.1.d.5.E. After January 1 of the year the certificate expires, the candidate may be eligible for a Five-Year Professional Teaching Certificate if they have met the WVBE-approved Teacher Performance Assessment pursuant to Policy 5100.

10.1.e. Initial Professional Teaching Certificate.

10.1.e.1. General Criteria. An initial Professional Teaching Certificate may be issued to a candidate who has the minimum of a BA or an MA, as specified in Appendix A, through an accredited IHE; the general requirements specified in section 9; the minimum GPA specified in section 9.11 and has completed the requirements in accordance with section 10.1.c, or holds a valid out‑of‑state certificate and has completed a minimum of five years of successful teaching experience in a public school within the last seven years in the area(s) licensure is being sought in the state where the certificate was issued. An Initial Professional Teaching Certificate may be issued in the teaching specializations set forth in Appendix A. The Initial Professional Teaching Certificate shall be endorsed to indicate the specialization(s) and grade levels in which the certificate holder can be assigned to in the public schools.

10.1.e.2. Conditions for Issuance. The candidate for an initial Professional Teaching Certificate is required to submit documentation that they meet the criteria in accordance with section 10.1.c or meet the guidelines for out-of-state candidates in section 16; or meet the requirements for conversion of a West Virginia Alternative Provisional Certificate or Teaching Certificate to an initial Professional Teaching Certificate in section 10.1; or, hold a valid certificate from the NBPTS in a specialization comparable to the specializations set forth in Appendix A; and;

10.1.e.2.A. WVBE-Adopted Tests. Unless exempt in accordance with the directory or the West Virginia CTE Endorsement and Testing Manual approved by the WVBE, an educator must satisfy the minimum proficiency levels or any identified alternative as indicated in the directory or the West Virginia CTE Endorsement and Testing Manual as approved by the WVBE for the required Pre-Professional Skills Tests in reading, writing, and mathematics; and Content Specialization Test(s) for each specialization licensure is requested, if a test is required. All West Virginia Educator Preparation Programs (EPP) or WVBE-approved program completers is required to have completed a WVBE-approved Teacher Performance Assessment pursuant to Policy 5100 or meet the teacher performance assessment requirements set forth in the Directory or the West Virginia CTE Endorsement and Testing Manual.

10.1.e.2.A.1. Exemptions. A list of exemptions is included in the directory or in the West Virginia CTE Endorsement and Testing Manual.

10.1.e.2.B. Validity of Test Scores. The validity period for in state and out-of-state tests and passing scores is 10 years from the date the candidate passed the examination if the tests were the same required in WVBE policy, or out-of-state policy if applicable, effective at the time the tests were taken. In circumstances where the WVBE has not modified either the required test or the passing score, the test and score is valid beyond the ten-year period for initial licensure only. A candidate whose test scores exceed the ten-year validity period at the time the application for licensure was submitted, or if the test or test scores were modified after the candidate last tested, is required to satisfy current tests and passing score requirements.

10.1.e.2.B.1. Exemption. All passing scores from previously WVBE-required pre-professional skills exams may be used beyond the ten-year limit to satisfy the pre-professional skills requirement.

10.1.e.2.C. Failure to Apply for Licensure. A candidate who fails to apply for licensure within 12 months from completing an approved program for licensure is required to satisfy any current and additional test requirement(s) and program components in effect at the time the application for licensure is submitted and to comply with the conditions established for the validity period.

10.1.e.3. Validity Period. The initial Professional Teaching Certificate shall be valid for three school years and expires on June 30 of the last year of its validity.

10.1.e.4. Tests Required for New Specializations on a Professional Certificate. Candidates who qualify for a new specialization on their Professional Teaching Certificate are required to satisfy all required content test requirements, if appliable. Candidates who hold a valid professional certificate are exempt from pre-professional and professional tests.

10.1.e.5. Renewal of a Professional Teaching Certificate issued for one year

10.1.e.5.A. Three semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to the public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; and

10.1.e.5.B. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator is required to secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.1.e.6. Renewal of a Professional Teaching Certificate issued for three years.

10.1.e.6.A. General Criteria. The application for renewal is required to be submitted after January 1 of the year the certificate expires. The candidate for licensure is required to submit documentation that they meet the following criteria:

10.1.e.6.A.1. Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or a Master’s +30 salary classification, or be a minimum of 60 years old; and;

10.1.e.6.B. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.1.f. Conversion of a Three-Year Professional Teaching Certificate to a Professional Five-Year Teaching Certificate.

10.1.f.1. Conditions for Issuance. The candidate for licensure is required to submit documentation that they meet the following criteria:

10.1.f.1.A. Coursework. Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or a Master’s +30 salary classification, or minimum of 60 years old;

10.1.f.1.B. Beginning Educator Internship/Induction. Successful completion of a Beginning Educator Internship/Induction (W. Va. Code §18A-3C-3) for classroom teachers, unless the candidate has completed five years of full-time teaching experience while holding a valid professional certificate in a public school in another state or in a non-public school that has been accredited through a WVBE-approved accreditation agency in accordance with Policy 2330, or was initially licensed in West Virginia prior to January 1, 1992, or is a candidate with five years of in-state full-time experience where a county did not provide a mentor to the candidate during the first year of full-time experience with documentation from that county explaining why a mentor was not assigned to the candidate; and,

10.1.f.1.C. Teaching Experience. Two years of full-time teaching experience, one of which was completed in a West Virginia public school or in a non-public school that has been accredited through a WVBE‑approved accreditation agency in accordance with Policy 2330, within one, or a combination of, the endorsement(s) on the initial Professional Teaching Certificate; and

10.1.f.2. Validity Period. The Professional Teaching Certificate valid for five years expires on June 30 of the last year of its validity.

10.1.f.3. Renewal of Five-Year Teaching Certificate.

10.1.f.3.A. General Criteria. The renewal application is required to be submitted after January 1 of the year the five-year certificate expires. The candidate for licensure is required to submit documentation that they meet the following criteria:

10.1.f.3.B. Coursework. To renew a certificate valid for an additional five years:

10.1.f.3.B.1. Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or a MA+30 salary classification based on the awarding of a MA; or has reached the minimum of 60 years old; and,

10.1.f.3.C. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate is required to be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor living in the same household as, the candidate.

10.1.g. Permanent Professional Teaching Certificate.

10.1.g.1. Conditions for Issuance. The candidate for licensure is required to submit documentation that they meet the following criteria:

10.1.g.1.A. Holds or will be eligible to hold a Professional Teaching Certificate valid for either three years or five years after January 1 of the year the three-year certificate expires; and holds a Master’s Degree related to public education in accordance with section 9.10; and complete five years of educational full-time teaching experience, including two years in the specialization(s) and one year minimum full-time in a West Virginia public school or in an accredited private school in accordance with Policy 2330, completed the Beginning Educator Internship and six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or a Master’s +30 salary classification, or is a minimum of 60 years old; or

10.1.g.1.B. Holds a Professional Teaching Certificate valid for five years each that has been issued twice after January 1 of the year the five-year certificate expires; and holds a Bachelor’s Degree related to public education pursuant to section 9.10; and complete five years of educational full-time teaching experience including two years in the specialization(s) and one year minimum full-time in a West Virginia public school or in an accredited private school in accordance with Policy 2330, completed the Beginning Educator Internship and six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or is a minimum of 60 years old; or

10.1.g.1.C. Holds a Five-Year Professional Teaching Certificate, a Master’s Degree, and completed five years of educational full-time teaching experience including two years in the specialization(s) and one year minimum full-time in a West Virginia public school or in an accredited private school in accordance with Policy 2330; and, completed the Beginning Educator Internship may apply for a Permanent Professional Teaching Certificate after meeting experience requirements; or

10.1.g.1.C.1. Candidates who are certified through NBPTS may apply for a permanent certification any time after the NBPTS designation is reflected on the professional teaching certificate; or

10.1.g.1.D. Hold a valid out-of-state certificate that reflects permanent status by the issuing state, verification of a minimum of five years of full-time teaching experience in a public school in the endorsement area(s) included on the valid certificate which is required to be verified by the appropriate licensing agency or system set forth in section 16.2; and

10.1.g.1.E. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for a Permanent Professional Teaching Certificate by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in, the same household as the candidate.

10.1.g.2. Validity Period. The Permanent Professional Teaching Certificate shall remain valid unless it is surrendered, suspended, or revoked.

10.2. Professional Administrative Certificate.

10.2.a. Provisional Administrative Certificate.

10.2.a.1. General Criteria. A Provisional Administrative Certificate may be issued to a candidate who meets the following criteria: holds the minimum degree specified in Appendix A through an accredited IHE or an equivalent degree through an IHE in a foreign country or a valid out-of-state certificate; the general requirements in accordance with section 9; the minimum GPA required in section 9.11; and has completed three years of valid administrative/management level experience or teaching experience as defined in section 4 . The Provisional Administrative Certificate shall be endorsed for Superintendent, Principal, and/or General Supervisor of Instruction and shall indicate the specialization(s) and grade levels the certificate holder is authorized to be assigned to in the public schools. Experience acquired under the Provisional Administrative Certificate may be used to satisfy conversion requirements.

10.2.a.1.A. An individual holding a Provisional Administrative Certificate may be employed as an administrator in a West Virginia public school and is authorized to perform observations with the online Initial ELI but is not eligible to conduct evaluations until the educator is issued an Initial Professional Administrative Certificate.

10.2.a.2. Validity Period. The Provisional Administrative Certificate is valid for five school years and expires on June 30 of the last year of its validity.

10.2.a.3. Renewal of a Provisional Administrative Certificate.

10.2.a.3.A. Renewal of a Provisional Administrative Certificate valid for one year.

10.2.a.3.A.1. Three semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; and

10.2.a.3.A.2. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.2.a.3.B. Renewal of a Provisional Administrative Certificate valid for five years.

10.2.a.3.B.1. Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or an MA+30 for salary classification based on the awarding of a MA; or has reached the minimum of 60 years old; and

10.2.a.3.B.2. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.2.b. Initial Professional Administrative Certificate.

10.2.b.1. General Criteria. An initial Professional Administrative Certificate may be issued to a candidate who meets the following criteria: holds the minimum degree specified in Appendix A through an accredited IHE; the general requirements specified in section 9; the minimum GPA in accordance with section 9.11; three years of valid administrative/management level or teaching experience in accordance with section 4; the Comprehensive Educator Leadership Institute (ELI) in evaluation skills offered through WVDE or equivalent training approved by the WVBE; and employment as an Administrator, Supervisor of Instruction, or Superintendent for a West Virginia county board of education within 90 days of employment, and the conditions for issuance in accordance with section 10.2.b.2. An initial Professional Administrative Certificate authorizes the certificate holder to be employed as a Superintendent, Principal, and/or General Instruction Supervisor in specialization(s) and grade level(s) endorsed on the certificate in public schools.

10.2.b.2. Conditions for Issuance. The candidate for licensure is required to submit documentation that they meet the following criteria:

10.2.b.2.A. State-Approved Program. Successful completion of an IHE’s state-approved educational leadership program and be recommended by the designated official at the IHE where the candidate completed the program; or,

10.2.b.2.B. Out-of-State Licensure. For educators who hold a valid out-of-state Administrative Certificate, the candidate is required to only present official academic transcripts reflecting that they have earned the required master’s degree from an accredited IHE and a copy of the educator’s valid out-of-state Administrative Certificate to be issued a certificate, or present a letter of eligibility from the other state’s licensing agency in lieu of the IHE recommendation provided that the educator has completed the ELI and three years of valid administrative/management level experience or teaching experience as defined in section 4 and hold, or be eligible to hold, a West Virginia Professional Teaching Certificate and provide official academic transcripts verifying that the candidate has earned the required master’s degree from an accredited IHE. The out-of-state Administrative Certificate is required to be for the same or equivalent specialization for which a West Virginia endorsement is available; or,

10.2.b.2.C. Out-of-State Graduate Not Licensed. In addition to the general criteria in section 10.2.a.1, the educator is required to satisfy the minimum proficiency level, as approved by the WVBE, on the content specialization test in educational leadership unless the candidate meets one of the exemptions specified in section 10.1.e. Required scores are specified in the directory.

10.2.b.3. Validity Period. The Initial Professional Administrative Certificate is valid for five school years and expires on June 30 of the last year of its validity.

10.2.b.4. Renewal of Professional Administrative Certificate.

10.2.b.4.A. Renewal of a Professional Administrative Certificate valid for one year

10.2.b.4.A.1. Three semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; and,

10.2.b.4.A.2. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.2.b.4.B. Renewal of a Professional Administrative Certificate valid for five years.

10.2.b.4.B.1. Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or hold an MA+30 salary classification based on the awarding of a MA; or is a minimum of 60 years old; and,

10.2.b.4.B.2. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.2.c. Permanent Professional Administrative Certificate.

10.2.c.1. Conditions for Issuance. In order to convert the initial Professional Administrative Certificate to a Permanent Professional Administrative Certificate, the candidate for licensure is required to submit documentation that they meet the following criteria:

10.2.c.1.A. Five years of educational experience, two years of which must be in any, or a combination of, the specialization(s) reflected on the Professional Administrative Certificate, and have completed one year in a West Virginia public school or in a non-public school that has been accredited through a WVBE-approved accreditation agency in accordance with Policy 2330; or,

10.2.c.1.A.1. Any candidate for superintendent, assistant superintendent, or associate superintendent who has earned a doctorate degree from an accredited IHE and has either completed three successful years of teaching in public education or acquired the equivalent of three years of valid administrative/management experience or supervision as defined in section 4, after employment by the county board of education and completion of the face-to-face Evaluation Leadership Institute may be issued a permanent administrative certificate qualifying the candidate to be employed as a county superintendent; and,

10.2.c.1.A.2. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for a Permanent Professional Administrative Certificate by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.2.c.2. Validity Period. The Permanent Professional Administrative Certificate shall remain valid unless it is surrendered, suspended, or revoked.

10.3. Professional Student Support Certificate.

10.3.a. Professional Student Support Certificate.

10.3.a.1. General Criteria. A Professional Student Support Certificate may be issued to a candidate who has completed and met all requirements of a state-approved educator preparation program or has satisfied the requirements established in W. Va. Code §18A-3-2a. Out-of-state candidates are required to meet the requirements in section 16. The Professional Student Support Certificate shall include an endorsement indicating the specialization(s) and grade level(s), identified in Appendix A, the certificate holder is authorized to be assigned to in the public schools.

10.3.a.1.A. School Counselor. A Professional Student Support Certificate may be issued for School Counselor to a candidate who meets the following criteria: holds an MA in Counseling from an accredited IHE and has successfully completed an accredited School Counseling Program; or, holds an MA in Counseling from an accredited IHE and a valid out-of-state certificate endorsed in school counseling.

10.3.a.1.B. School Nurse. A Professional Student Support Certificate is issued for School Nurse to a candidate who meets the following criteria: holds a BA or MA in nursing from an accredited IHE, a valid Registered Nurse (RN) license issued by the West Virginia Registered Nurse Board; or, holds a valid Multi-State Registered Nurse (RN) license from a compact state, and has successfully completed an accredited School Nursing Program, holds a valid national certificate in school nursing from the National Board of Certification of School Nurses (NBCSN); or holds a valid national certification in an area recognized by WVDE for school nurses that includes, but is not limited to, school nurse practitioner, pediatric nurse practitioner, family nurse practitioner, clinical specialist in community health nursing, clinical specialist in child and adolescent psychiatric and mental health nursing, or advanced nursing administration.

10.3.a.1.B.1. Exceptions. 10.3.a.1.B.1.(a). A School Nurse who obtained NBCSN certification prior to a BA being required may hold an AA to meet the degree requirement in section 9, or a School Nurse who is employed on a Full-Time/First Class Permit in accordance with section 11, is not required to have a minimum of a BA for issuance of the original permit. The candidate is required to submit documentation of a valid RN license issued by the West Virginia Registered Nurse Board. The WVDE shall review the status of any disciplinary action prior to issuance of the certificate. 10.3.a.1.B.1.(b). A School Nurse who is employed on a Full-Time/First Class Permit in accordance with section 11.2 after July 1 is only required to have a minimum of three semester hours of coursework during the first year of the permit’s issuance.

10.3.a.1.C. School Psychologist. A Professional Student Support Certificate may be issued for School Psychologist to a candidate who meets the following criteria: completion of an approved School Psychologist MA program from an accredited IHE or an equivalent degree as determined by the West Virginia Board of Examiners of Psychologists.

10.3.a.1.D. Speech Language Pathologist (SLP). A Professional Student Support Certificate may be issued for SLP to a candidate who completes an approved SLP MA program from an accredited IHE.

10.3.a.1.D.1. Exceptions. 10.3.a.1.D.1.(a). SLPs without a certificate issued to practice in a public school setting is required to provide verification from the IHE where the SLP preparation program was completed (MA); verification of completion of a practicum/clinical experience in the pre-kindergarten (pre-k)-12 setting; a copy of the valid SLP certificate from the state agency that issued the SLP certificate; hold a valid West Virginia Board of Examiners for Speech-Pathology and Audiology license; hold a valid national certification by the American Speech-Language-Hearing Association (ASHA); submit official seal-bearing transcripts reflecting all degrees earned, submit passing scores on current Praxis exam as specified in the directory, or meet the criteria in section 10.3.a.1.D.1(a).(2); and, complete a West Virginia State Police and FBI background check (section 9 of this policy) and (W. Va. Code §18A-3-10). 10.3.a.1.D.1.(a).(1). Required Exam. Candidates who hold a valid national certification by ASHA who took Praxis exam(s) required by ASHA at the time the national certification was obtained are exempt from meeting the required WVBE exam specified in the directory at the time of application. 10.3.a.1.D.1.(a).(2). Candidates without pre-k-12 practicum/clinical experience. A Professional Provisional Student Support Certificate for SLP may be issued to a candidate who has completed the requirements in accordance with section 10.3.a except verification of completion of a practicum/clinical experience in the pre-k-12 setting. In lieu of practicum/clinical experience, candidates are required to provide verification that they have completed a minimum of one year of experience working with pre-k-12 students in the State that issued the SLP license. 10.3.a.1.D.1.(b). Validity Period. The Provisional Student Support Certificate is valid for one school year and expires on June 30 of that school year. An educator who graduates in December, or whose Provisional Certificate is effective on or after January 1, may be issued a Provisional Certificate valid until June 30 of the following school year. The Provisional Certificate may not be renewed. 10.3.a.1.D.1.(c). Conversion of a Provisional Student Support Certificate to a Professional Student Support Certificate. Candidates are required to provide documentation that they have acquired a minimum of one year of full-time or contracted services experience working in a West Virginia public school as an SLP with successful evaluations.

10.3.a.1.E. Attendance Director. A professional Student Support Certificate may be issued for Attendance Director to a candidate who has completed an approved Social Services and Attendance program from an accredited IHE.

10.3.a.2. Validity Period. The Professional Student Support Certificate is valid for three school years and expires on June 30 of the last year of its validity.

10.3.a.3. Renewal of Professional Student Support Certificate.

10.3.a.3.A. Renewal of a Professional Student Support Certificate issued for one year.

10.3.a.3.A.1. Three semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; and,

10.3.a.3.A.2 Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.3.a.3.B. Renewal of a Professional Student Support Certificate issued for three years.

10.3.a.3.B.1. General Criteria. The application for renewal is required to be submitted after January 1 of the year the certificate expires. The candidate for licensure is required to submit documentation that they meet the following criteria: 10.3.a.3.B.1.(a). Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or a Master’s +30 salary classification, or is a minimum of 60 years old; and 10.3.a.3.B.1.(b). Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.3.a.3.C. Exceptions.

10.3.a.3.C.1. School Nurse candidates with an expired certificate and an offer of employment who worked in the nursing field for the previous academic year may be issued a one-year authorization to meet the requirements for renewal of the Professional Student Support Certificate with verification from the entity where the candidate was employed in a nursing capacity.

10.3.b. Professional Five-Year Student Support Certificate.

10.3.b.1. Conditions for Issuance. The candidate for licensure is required to submit documentation that they meet the following criteria:

10.3.b.1.A. Coursework. Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the application date; or a Master’s +30 salary classification, or is minimum of 60 years old; and,

10.3.b.1.B. Experience. Two years of full-time experience, one year of which must have been completed in West Virginia in one, or a combination of, the endorsement(s) on the candidate’s Professional Student Support Certificate.

10.3.b.2. Validity Period. The Professional Student Support Certificate is valid for five years and expires on June 30 of the last year of its validity.

10.3.b.3. Renewal of Five-Year Student Support Certificate.

10.3.b.3.A. Six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or a Master’s +30 salary classification, or is minimum of 60 years old; and

10.3.b.3.B. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.3.c. Permanent Professional Student Support Certificate.

10.3.c.1. Conditions for Issuance. A candidate for licensure is required to submit documentation that they meet the following criteria:

10.3.c.1.A. Holds, or will be eligible to hold a Professional Student Support Certificate valid for three years or five years after January 1 of the year in which the three-year certificate was issued expires; and holds a Master’s Degree related to public education as defined in section 9.10; and completed five years of educational full-time teaching experience including two years in the specialization(s) and one year minimum full-time in a West Virginia public school or an accredited private school in accordance with Policy 2330, and six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or a Master’s +30 salary classification, or is minimum of 60 years old; or,

10.3.c.1.B. Holds a Professional Support Certificate valid for five years each that has been issued twice after January 1 of the year in which the five-year certificate was issued expires; and holds a Bachelor’s Degree related to public education as defined in section 9.10; and completed five years of educational full-time teaching experience including two years in the specialization(s) and one year minimum full-time in a West Virginia public school or in an accredited private school in accordance with Policy 2330, and six semester hours of coursework from an accredited IHE with a minimum 3.00 GPA in each course related to public education or WVDE WVLearns courses completed subsequent to the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or is minimum of 60 years old; or,

10.3.c.1.C. Holds a Five-Year Professional Student Certificate, a Master’s Degree, and completed five years of educational full-time teaching experience including two years in the specialization(s) and one year minimum full-time in a West Virginia public school or in an accredited private school in accordance with Policy 2330, may apply for a Permanent Professional Student Support Certificate after meeting experience requirements; or

10.3.c.1.D. Holds a valid out-of-state certificate that reflects permanent status by the issuing state, verification of a minimum of five years of full-time experience in the endorsement area(s) is required to be indicated on the valid certificate and in a public school setting, verified by the appropriate licensing agency or system in accordance with section 16.

10.3.c.2. Validity Period. The Permanent Professional Student Support Certificate shall remain valid unless it is surrendered, suspended, or revoked.

10.3.c.2.A. Exception. Student Support and Administrative credentials are exempt from the TPA Requirement and any educator with a West Virginia professional teaching certificate initially issued prior to November 15, 2021; and,

10.3.c.3. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate shall be recommended by the superintendent or official designee. If the educator is not employed by a county board of education, then the educator is required to secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.4. Career and Technical Education (CTE) Certificate.

10.4.a. Temporary CTE Certificate.

10.4.a.1. General Criteria. A non-renewable Temporary CTE Certificate may be issued to an educator who holds a valid out-of-state CTE Certificate; has been offered employment; and, is applying for West Virginia licensure, provided the educator meets the general criteria for the Initial CTE Certificate in accordance with section 10.4.b, except for holding the required 5 years of teaching experience and/or the required industry recognized credentials and/or passing scores on tests as identified in the West Virginia CTE Endorsement and Testing Manual. A non-renewable Temporary CTE Certificate may be issued to an educator who holds a valid West Virginia Professional Teaching Certificate and has been offered employment; provided, the educator meets the general criteria for the Initial CTE Certificate in accordance with section 9, except for obtaining the specified credential identified in the West Virginia CTE Endorsement and Testing Manual. To convert this certificate to the CTE Certificate, the educator must acquire the required industry recognized credentials; pass all required tests; complete applicable WVDE approved coursework, and, apply for initial licensure.

10.4.a.2. Validity Period. The Temporary CTE Certificate is valid for one year and expires on June 30 of the year of its validity.

10.4.b. Initial CTE Certificate.

10.4.b.1. General Criteria. An Initial CTE Certificate may be issued to a candidate who holds a high school diploma, state-approved high school equivalency, or a degree, as prescribed by the West Virginia CTE Endorsement and Testing Manual, through an accredited IHE; and meets the following criteria: the general requirements specified in section 10.4; acquired the work and training experience specified in the West Virginia CTE Endorsement and Testing Manual; passed the tests in accordance with the West Virginia CTE Endorsement and Testing Manual; and the appropriate eligible requirements identified in section 9. The CTE Certificate is required to include the specialization(s) and grade level(s) the certificate holder is authorized to be assigned to within the public schools.

10.4.b.2. Conditions for Issuance. A candidate for licensure is required to submit documentation that they meet the following criteria: successful completion of a state-approved CTE preparation program and is recommended for a CTE Certificate by a designated official from the program the candidate completed; or, holds a valid West Virginia Professional Teaching Certificate with verification of the required years of work experience by the current or former employer(s) as defined in the West Virginia CTE Endorsement and Testing Manual; or holds a valid out-of-state CTE Certificate in the specialization(s) for which West Virginia licensure is requested and three years of successful out-of-state experience as an educator within the seven years immediately preceding the date of application;

10.4.b.2.A. Industry Recognized Credentials. For each CTE program of study, the alternatively certified teacher hired after June 18, 2003, is required to: hold and maintain the industry recognized credential if the credential is recognized; and attain additional certification or endorsements required by the credentialing agency for the program of study the alternatively certified teacher is currently teaching; and pass the testing requirements specified in the West Virginia CTE Endorsement and Testing Manual, if applicable; and,

10.4.b.2.B. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for a CTE Certificate by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.4.b.3. Validity Period. The CTE Certificate shall be valid for not more than five years and expires on June 30 of the last year of its validity.

10.4.b.4. Additional Endorsements for Existing Career Technical Education (CTE) Certificates. A candidate who already holds a valid West Virginia CTE Certificate endorsed as specified in the West Virginia CTE Endorsement and Testing Manual may apply for additional endorsements by submitting documentation that the certificate holder has acquired the appropriate wage-earning work experience; passed required state exam(s) for the endorsement(s) the candidate has applied to be included on their CTE Certificate; and, holds valid industry credential(s), if applicable.

10.4.b.5. Renewal of the CTE Certificate. A candidate for licensure is required to submit documentation that they meet the following criteria:

10.4.b.5.A. Coursework. Six semester hours of appropriate college/university coursework reflecting a 3.00 GPA related to public education, as defined in section 9.10, or WVLearns courses through the WVDE. The coursework must have been completed after the issuance of the certificate being renewed and within the five-year period immediately preceding the date of application; or hold a minimum of an MA and a minimum salary classification (professional or CTE) of an MA+30; or is a minimum of 60 years old; and

10.4.b.5.B. Industry Recognized Credentials. A valid industry credential is required for renewal of the CTE Certificate as prescribed by the West Virginia CTE Endorsement and Testing Manual; and,

10.4.b.5.C. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for renewal by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.4.b.5.C.1. Recognition of Out-of-State CTE Certificates. A CTE Certificate for employment in a West Virginia pubic school may be issued to an eligible out-of-state candidate that submits documentation that they meet the following criteria: holds a valid out‑of‑state certificate equivalent to the CTE Certificate of eligibility issued by another state that meets all of the requirements of that state for full certification; with verification of five years of successful full-time teaching experience in a public school in the area(s) of CTE endorsement(s) reflected on the certificate and the required industry recognized credential/s or passing scores on tests as identified in WV Endorsement and Testing Manual, and passes a criminal history record check conducted by the West Virginia State Police and the FBI as required by W. Va. Code §18A-3-10 and section 9.2.

10.4.c. Permanent CTE Certificate.

10.4.c.1. Conditions for Issuance. A candidate for licensure is required to submit documentation that they meet the following criteria:

10.4.c.1.A. Hold or be eligible for a CTE Certificate valid for five years; and,

10.4.c.1.A.1. Hold an earned MA related to the public education as defined in section 9.10; and

10.4.c.1.A.2. Completed five years of professional educational experience including two years in the specialization(s) for which the permanent certificate is requested; or

10.4.c.1.B. Hold a CTE Certificate valid for five years; and,

10.4.c.1.B.1. Renew the CTE Certificate valid for five years after meeting the criteria in accordance with section 10.5; and

10.4.c.1.C. Recommendation. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for a Permanent CTE Certificate by the employing county superintendent. If the educator is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

10.4.c.2. Validity Period. The Permanent CTE Certificate shall remain valid unless it is surrendered, suspended, or revoked.

10.5. Other Certificates.

10.5.a. Professional Business Official Certificate.

10.5.a.1. General Criteria. A Professional Business Official Certificate may be issued to a candidate employed for a specific assignment who has completed a minimum of a BA through an accredited IHE; the general requirements specified in section 9; met the minimum GPA in accordance with section 9.11; and satisfied the conditions for issuance specified in section 10.5.

10.5.a.2. Conditions for Issuance. The candidate for the Professional Business Official Certificate is required to submit documentation that they meet the following criteria: holds a minimum of a BA, including 24 semester hours of coursework in accounting completed with a minimum of 2.50 GPA; and be recommended for a Professional Business Official Certificate by the county superintendent based on the candidate being the most qualified candidate for the position.

10.5.a.3. Validity Period. The Professional Business Official Certificate is valid for a period of three years and expires on June 30 of the last year of its validity.

10.5.a.4. Renewal. The candidate for licensure is required to provide documentation that they meet the following criteria: completed 15 clock hours annually of professional learning activities with credit offered, or approved by, the WVDE for a total of 45 hours completed at the time of renewal unless otherwise approved by the WVDE; and, be recommended for renewal by the employing county superintendent in the county the candidate is, or was, employed.

10.5.b. Professional Accountant Certificate.

10.5.b.1. General Criteria. A Professional Accountant Certificate may be issued to a candidate employed for a specific assignment who has completed a minimum of a BA through an accredited IHE; the general requirements specified in section 9; the minimum GPA specified in section 9.11; and, the conditions for issuance specified in section 10.5.

10.5.b.2. Conditions for Issuance. A candidate for the Professional Accountant Certificate is required to submit documentation that they meet the following criteria: holds a minimum of a BA, including 24 semester hours of coursework in accounting completed with a minimum of 2.50 GPA; and be recommended for a Professional Accountant Certificate by the county superintendent based on the candidate being the most qualified candidate for the position.

10.5.b.3. Validity Period. The Professional Accountant Certificate is valid for three years and expires on June 30 of the last year of its validity.

10.5.b.4. Renewal. A candidate for licensure is required to submit documentation that they meet the following criteria: completed six clock hours annually of professional learning activities with credit offered, or approved, by the WVDE for a total of 18 hours at the time of renewal unless otherwise approved by the WVDE and be recommended for renewal by the employing county superintendent in the county the candidate is, or was, employed.

10.5.c. Professional School Nutrition Director Certificate.

10.5.c.1. General Criteria. A Professional School Nutrition Director Certificate may be issued to a candidate employed for the management of the day-to-day operations of school food service who has completed a minimum of a BA through an accredited IHE; holds a valid Authorization for School Nutrition Director; meets the general requirements specified in section 9; the minimum GPA specified in section 9.11; and the conditions for issuance specified in section 10.5.

10.5.c.2. Conditions for Issuance. A candidate for the Professional School Nutrition Director Certificate is required to submit documentation that they meet the following criteria: holds a minimum of a BA in an area approved by the WVDE; a Nutrition Specialist Credentialing (SNS) issued by the School Nutrition Association (SNA); have a minimum of two years of professional experience in school nutrition or related area approved by the WVDE; and be recommended for a Professional Nutrition Director Certificate by the county superintendent based on the candidate being the most qualified candidate for the position.

10.5.c.3. Validity Period. The Professional School Nutrition Director Certificate is issued to expire on June 30 of the year in which the SNS certificate is set to expire.

10.5.c.4. Renewal. A candidate for licensure is required to submit documentation that they meet the following criteria: Valid renewed SNS certificate issued by the School Nutrition Association (SNA); and be recommended for renewal by the employing county superintendent in the county where the candidate is employed.

10.5.d. School Nurse Certificate

10.5.d.1. General Criteria. A Temporary Nurse Certificate may be issued to a candidate who holds a valid Registered Nurse (RN) license as set forth in W. Va. Code §30-7-6; the general requirements specified in section 9; the minimum GPA specified in section 9.11 if applicable; and the conditions for issuance specified in section 10.5.d.2.

10.5.d.2. Conditions for Issuance. The candidate for the Temporary Nurse Certificate must submit evidence of the following: is at least 18 years of age; minimum of a high school diploma or equivalent; holds a valid RN license issued by the West Virginia Board of Registered Professional Nurses with review and approval of disciplinary action; complete the School Nurse orientation professional learning activities provided or approved by the WVDE; and receive the recommendation of the county superintendent verifying that the candidate is the most qualified candidate for the position.

10.5.d.3. Validity Period. The Temporary Nurse Certificate shall be valid for a period of one year and shall expire on June 30 of the last year of its validity and may not be renewed.

10.5.d.4. Conversion of the Temporary Nurse Certificate to or Issuance of the Nurse Certificate. The candidate for licensure must provide evidence of satisfying the following: holds a valid Registered Nurse (RN) license as set forth in W. Va. Code §30-7-6; the general requirements specified in section 9; the minimum GPA specified in section 9.11 if applicable; and proof of completion or WVDE-approved college/university coursework or its equivalent from West Virginia WVLearns.

10.5.d.5. Validity Period. The Professional Nurse Certificate shall be valid for a period of three years and shall expire on June 30 of the last year of its validity.

10.5.e.5. Renewal of Professional Nurse Certificate. Complete a minimum of 12 continuing education contact hours in school health or pediatric medicine topics provided or approved by the WVDE; and be recommended for renewal by the employing county superintendent in the county where the candidate is employed.

W. Va. Code R. § 126-136-11 Permits Issued to Professional Educators

11.1. Restricted Pre-Professional Permit.

11.1.a. General Criteria. The Restricted Pre-Professional Permit may be issued only one time to a candidate who has been continuously employed for a specific assignment under a First-Class/Full-Time Permit and has completed all course requirements of the approved program but has not attained the required passing scores on the WVBE-required content exams.

11.1.b. Conditions of Issuance. A candidate for a Restricted Pre-Professional Permit is required to submit documentation that they meet the following: holds a minimum of a BA, including completion of an approved preparation program from an accredited IHE with the exception of passing scores for the content assessment and a minimum of 2.50 GPA; and is recommended for a Pre-Professional Permit by the county superintendent based on the candidate, being the most qualified candidate for the position.

11.1.c. Validity Period. The Restricted Pre-Professional Permit is valid for one year and may not be renewed.

11.2. Novice Teacher Permit.

11.2.a. General Criteria. The Novice Teacher Permit may be issued to a candidate who is enrolled in the WVDE Novice Teacher program.

11.2.b. Conditions for Issuance. The applicant for the Novice Teacher Permit must submit documentation that they meet the following criteria: holds a minimum of a BA from an accredited institution with a minimum cumulative 2.50 GPA; has a minimum of five years full-time successful substitute teaching experience as defined in this policy in a West Virginia public school; achieved passing score on all required basic skills assessments or meet state minimum requirements for basic skills; and, be recommended for the permit by the last two supervising administrators and/or county officials.

11.2.c. Validity Period. The Novice Teacher Permit shall be valid for one year and may be renewed three times.

11.2.d. Renewal of the Novice Teacher Permit. To renew the Novice Teacher Permit the candidate is required to submit documentation that they meet the following criteria: employed in a West Virginia public school; be continually enrolled in the WVDE Novice Teacher program; received successful evaluations for each year taught under the Novice Teacher Permit in the West Virginia Educator Evaluation System with an earned performance rating of Emerging or above; and be recommended for renewal by the supervising school administrator and the employing county superintendent.

11.2.e. Conversion of Novice Teacher Permit to an initial Professional Teaching Certificate. In order to be issued an Initial Professional Teaching Certificate, a candidate is required to provide documentation that they meet the following criteria: successful completion of the WVDE Novice Teacher program, receive passing scores on all WVBE-required licensure assessments or meet exemption requirements as listed in the directory; complete a WVBE-approved teacher performance assessment; receive successful evaluations for each year taught under the Novice Teacher permit in the West Virginia Educator Evaluation System with an earned performance rating of Emerging or above; completion of six semester hours of coursework or have an MA+30, or a minimum of 60 years old.

11.3. First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel.

11.3.a. General Criteria. The First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel may be issued for any specialization recognized on the Professional Teaching Certificate or Professional Student Support Certificate. An initial First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel may be issued to a candidate employed for a specific assignment who has completed a minimum of a BA through an accredited IHE; is enrolled in coursework in a program leading to licensure in the endorsement area at an accredited IHE, meets the general requirements including the minimum GPA in accordance with section 9, unless otherwise noted; and, satisfies the conditions for issuance in accordance with section 11.

11.3.a.1. WVBE-approved non-IHE EPPs. A two-year, non-renewable First-Class/Full-Time Permit for Professional Teaching may be issued to a candidate currently employed or who has been hired as the most qualified candidate in a county that does not have fully certified candidates for the position in a specific assignment and has completed a minimum of a BA through an accredited IHE; is enrolled and continuously completing coursework through the WVBE-approved EPP; is in good standing in a WVBE-approved EPP; meets the general requirements specified in section 9, meets the minimum GPA requirements in accordance with section 9, unless otherwise specified in the directory, section 12.3 and, is recommended for a First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel by the county superintendent. Criteria of the West Virginia Licensure Testing Directory for pre-professional skills and content testing or exemption(s) is required to be met before a WVBE-approved non-IHE EPP non-renewable First-Class/Full-Time Permit may be issued.

11.3.a.2. Exception for a School Nurse. A school nurse who is employed on a First-Class/Full-Time Permit, Authorization for School Nurse, Temporary Nurse Certificate, or Nurse Certificate is not required to hold a BA; however, the candidate is required to submit documentation that they earned a Nursing Diploma or AA in Nursing and hold a valid RN license issued by the West Virginia Registered Nurse Board. The WVDE shall review the current status of any disciplinary action prior to issuance of the permit. The candidate is required to complete a Bachelor of Science in Nursing (BSN) from an accredited IHE within five years of being issued a First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel. The candidate is required to submit the Professional Commitment form approved by the county of employment and an IHE. A candidate issued a First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel are also required to complete a minimum of six semester hours annually towards the completion of a BSN degree. All requirements for the BSN degree must be met within five years of the original issuance of the First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel.

11.3.a.3. Driver Education. A candidate issued a First-Class/Full-Time Permit or Out-of-Field Authorization for Driver Education is authorized to provide only classroom instruction and is prohibited from instructing the students during the in-car driving practice. A candidate holding this credential shall report any moving violations, including a DUI, to the WVDE within 7 days of the incident.

11.3.b. Conditions for Issuance. A candidate for the First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel is required to submit documentation that they meet the following criteria:

11.3.b.1. College/University Coursework. For all endorsement areas the candidate must be enrolled in coursework in a program leading to licensure in the endorsement area at an accredited IHE,, except school psychologist and school counseling, the designated official of the IHE or the WVBE-approved educator preparation program where the candidate is enrolled is required to verify that the candidate has completed a minimum of 25 percent or six semester hours, whichever is greater, of the state-approved program in the specialization(s) for which the permit is requested.

11.3.b.1.A. WVBE-approved non-IHE EPPs. Non-degree programs reflected on an official transcript are exempt from the 25 percent program completion requirement.

11.3.b.1.B. For the endorsement area of school psychologist, the designated official at the IHE through which the program is being completed is required to verify that the candidate has completed a minimum of 70 percent of the state-approved program in the specialization(s) for which the permit is requested; the candidate is currently enrolled in coursework; and, submit the Professional Commitment Form verifying the candidate’s enrollment in the state-approved program.

11.3.b.1.C. For the endorsement area of school counseling, the designated official at the IHE through which the program is being completed is required to verify that the applicant has completed a minimum of 30 percent or 21 graduate semester hours, whichever is greater, of the state-approved program in school counseling where the candidate has commenced pre-clinical/field experience coursework; the candidate is currently enrolled in coursework; and, submit the Professional Commitment form verifying the applicant’s enrollment in the state-approved program.

11.3.b.1.C.1. Individuals who have previously completed a master's degree from an accredited college or university in a clinical counseling discipline and are enrolled in a state-approved master’s program in school counseling to complete the additional courses specific to school counseling are exempt from the minimum 30 percent or 21 graduate semester hour requirement.

11.3.b.1.C.2. All individuals employed under this credential are required to be directly supervised by a fully licensed school counselor or a WVDE-approved designee.

11.3.b.2. WVBE-Adopted Tests. Unless identified as an exemption in section 10.1, a candidate is required to satisfy the minimum proficiency levels or any identified option as specified in the directory as approved by the WVBE for the Content Specialization Test(s) for each specialization for which the permit is requested unless the candidate holds a degree in the content area requested; is enrolled in a WVBE-approved program that provides in-classroom pedagogical and content support; or, is enrolled in a WVBE-approved program in the requested content area and has completed a minimum of 25 percent of the required content coursework in that program as verified by the candidate’s program official.

11.3.c. Validity Period. The First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel is valid for one school year and expires on June 30. Provided, an educator employed on or after January 1, may be issued a First Class/Full-Time Permit for Professional Teaching and Student Support Personnel Permit that is valid until June 30 of the following school year.

11.3.d. Renewal of the First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel. Candidates who continue to be employed in the specialization(s) reflected on the permit are required to submit documentation that they are enrolled in coursework in the endorsement area and that they meet the following criteria:

11.3.d.1. Coursework. Completion of six semester hours of required coursework from, or approved by, the accredited IHE where the candidate is completing the approved licensure program reflecting a minimum 3.00 GPA towards the approved program or a BSN degree; submission of the Professional Commitment form verifying the candidate’s enrollment in the state-approved program or that they are currently completing the BSN program; and be recommended for renewal by the employing county superintendent based on the candidate being, most qualified candidate for the position.

11.3.d.1.A. Exception for a School Nurse. A School Nurse who is employed on a First-Class/Full-Time Permit is only required to have a minimum of three semester hours of coursework within the first year of the permit’s issuance.

11.3.d.1.B. Extenuating Circumstances. The State Superintendent may waive the five-year limit if extenuating circumstances exist, in accordance with section 14.5, warranting an extension. A county superintendent may request, in writing to the State Superintendent, an extension of the First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel for an employee, including for the position of county superintendent, who meets one of the three extenuating circumstances specified in section 14.5. The superintendent’s written correspondence is required to be submitted with the appropriate application and processing fee. If the State Superintendent decides that an extension is warranted, the permit may be extended once, provided the extension does not exceed one school year.

11.3.d.1.C. The county superintendent is required to submit documentation from the designated official at the IHE through which the candidate is completing the state-approved program that required coursework was not available during the school year; or the county superintendent is required to submit documentation with an explanation that the candidate has suffered a major hardship, other than illness, preventing the candidate from meeting the coursework requirement.

11.3.e. Five-Year Limit. All requirements for the Professional Teaching Certificate or Professional Student Support Certificate are required to be completed within five years of the original issuance of the First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel (W. Va. Code §18A‑4‑7a (4)) unless required otherwise by federal law or rule. The position held by an educator issued a First‑Class/Full-Time Permit for Professional Teaching and Student Support Personnel is not subject to posting, provided the educator meets the annual renewal requirements in accordance with section 11.2.d and completes the state-approved program within five years. The State Superintendent may waive the five-year limitation, if extenuating circumstances exist in accordance with section 14.5.a, warranting an extension.

11.4. Restricted First-Class/Full-Time Permit for Professional Teaching and Student Support.

11.4.a. General Criteria. The Restricted First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel may be issued for any specialization(s) recognized on the Professional Teaching and Support Certificate. A Restricted First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel may be issued to a candidate employed for a specific assignment who meets the required criteria in accordance with section 11, except the minimum GPA requirements and may not be issued again for a new or additional assignment.

11.4.b. Conditions for Issuance. A candidate for the Restricted First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel is required to meet the requirements for issuance in accordance with section 11.

11.4.c. Validity Period. The Restricted First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel is valid for one school year, expires on June 30, and may only be renewed once. The two years authorized under the Restricted First-Class/Full-Time Permit shall be included in the total five-year maximum limitation for a First-Class/Full-Time Permit.

11.4.d. Renewal of the Restricted First-Class/Full-Time Permit for Professional Teaching and Student Support Personnel for individuals who continue to be employed in the specialization(s) reflected on the permit is required to submit documentation that they meet the following criteria: completion of six semester hours of required coursework from, or approved by, the accredited IHE where the candidate is completing the approved licensure program reflecting a minimum 3.00 GPA towards the approved program, or a BSN degree; the Professional Commitment form verifying the candidate’s enrollment in the state-approved program or currently completing the BSN program; and, be recommended by the county superintendent verifying that the candidate is the most qualified for the position.

11.4.e. Conversion of a Restricted First-Class/Full-Time Permit to a First-Class/Full-Time Permit. In order to qualify for a First-Class/Full-Time Permit a candidate is required to meet the minimum GPA requirement in accordance with section 9.

11.5. First-Class/Full-Time Permit for CTE.

11.5.a. General Criteria. A First Class/Full-Time Permit for teaching in a CTE secondary or adult program may be issued to a candidate who holds a high school diploma, a state-approved high school equivalency, or a degree, if applicable, through an accredited IHE, and meets the general requirements in accordance with section 9; and the conditions for issuance in accordance with section 11.4. All requirements shall be met within five years of the original issuance of the permit.

11.5.b. Conditions for Issuance. A candidate for the First-Class/Full-Time Permit for CTE is required to submit documentation that they meet the following requirements and the content specific requirements for issuance specified in the West Virginia CTE Endorsement and Testing Manual.

11.5.b.1. Verification of the required work experience from the current or a former employer(s) as specified in the West Virginia CTE Endorsement and Testing Manual; and, verification of registration in the approved CTE preparation program; and, if applicable, hold and maintain the industry recognized credential, for each specialization, required for alternatively certified teachers employed after June 18, 2003, specified in the West Virginia CTE Endorsement and Testing Manual; and be recommended for a First-Class/Full-Time Permit for CTE by the employing county superintendent, Multi-County CTE Administrator, or WVSDT Superintendent or designee, based on the candidate being hired as the most qualified candidate for the position.

11.5.c. Validity Period. The First-Class/Full-Time Permit for CTE is valid for one school year and expires on June 30. An educator employed on or after January 1, may be issued a First‑Class/Full‑Time Permit for CTE valid until June 30 of the following school year. The purpose of this provision is to allow a candidate to complete required coursework prior to applying for an initial CTE certificate.

11.5.d. Renewal of the First-Class/Full-Time Permit for CTE for individuals who continue employment are required to submit documentation that they meet the following criteria: passage of the testing requirements specified in the West Virginia CTE Endorsement and Testing Manual, if applicable; verification from the designated official of the educator preparation program that the candidate has completed two courses or six semester credit hours of state-approved educator prep program coursework holds a valid industry credential as specified in the West Virginia CTE Endorsement and Testing Manual , if applicable; and be recommended for renewal by the employing county superintendent, Multi-County CTE Administrator, or WVSDT Superintendent or designee, based on the candidate being hired as the most qualified candidate for the position.

11.6. First-Class/Full-Time Permit for Administrators.

11.6.a. General Criteria. Initial First-Class/Full-Time Permit endorsed for Principal, General Supervisor, or Superintendent may be issued to a candidate employed for an administrative assignment who meets the following criteria: completed a minimum of an MA through an accredited IHE; the general requirements specified in section 9; the minimum GPA requirement in accordance with section 9.11; has three years of eligible experience in accordance with section 4; possesses the education and training evaluation skills through the WVDE, or an equivalent training approved by the WVBE; and the requirements for issuance in accordance with section 11.6.

11.6.b. Conditions for Issuance. A candidate for the First-Class/Full-Time Permit for Administrators is required to submit documentation that they meet the following criteria: verification from the designated official at the IHE through which the candidate is enrolled that the candidate has completed a minimum of 25 percent of the approved program in the specialization(s) in which the permit is requested; the Professional Commitment form verifying the candidate’s enrollment in a state-approved program; and, be commended for a First Class/Full-Time Permit for Administrators by the county superintendent based on the candidate being the most qualified candidate for the position, or if the candidate for the permit is a county superintendent, be recommended for a First-Class/Full-Time Permit for Administrators by, and submit employment verification, from the county board of education.

11.6.c. Validity Period. The First-Class/Full-Time Permit for Administrators is valid for one school year and expires on June 30 of that school year. An educator employed on, or after, January 1 may be issued a First-Class/Full-Time Permit for Administrators valid until June 30 of the following school year.

11.6.d. Renewal of the First-Class/Full-Time Permit for administrators who continue to be employed in the specialization(s) reflected on the permit is required to submit documentation that they meet the following criteria: verification from the designated official at the IHE through which candidate is enrolled that the candidate has completed six semester hours of college/university credit reflecting a 3.00 GPA within the IHE’s state-approved program in the specialization(s) in which the permit is requested; and, be recommended for renewal by the employing county superintendent or if the candidate for the permit is a county superintendent, be recommended for renewal by, and submit employment verification and satisfactory performance documentation from, the county board of education (W. Va. Code §18-4-2).

11.6.e. Time Limitations. All requirements for a Professional Administrative Certificate endorsed for Principal or Supervisor of Instruction shall be completed within five years of the original issuance of the First-Class/Full-Time Permit for Administrators (W. Va. Code §18A‑4-7a). All requirements for the Professional Administrative Certificate endorsed for Superintendent shall be completed within three years of the original issuance of the First-Class/Full-Time Permit for Administrators (W. Va. Code §18-4-2). The position held by an educator issued a Full-Time Permit is not subject to posting if the educator meets the annual renewal requirements in accordance with section 11.6 and completes a state-approved program.

11.6.f. Extension of the First-Class/Full-Time Permit for Administrators for Extenuating Circumstances. The First-Class/Full-Time Permit endorsed for Principal, Supervisor of Instruction, or Superintendent may be extended in accordance with section 14.5 provided the extension does not exceed the time allowances specified in section 11.3.d.1.B.

11.7. Clinical Teacher of Record (CTR) Permits.

11.7.a. General Criteria. A CTR permit may be issued to a candidate who meets the following criteria: is enrolled in a WVBE-approved CTR program in accordance with an agreement between an IHE and a county board of education; has satisfied the general requirements in accordance with section 9; has satisfied the clinical experience test requirements specified in Policy 5100; and has satisfied the conditions for issuance in accordance with section 11.

11.7.b. Conditions for Issuance. The candidate for the CTR Permit is required to submit documentation that they meet the following criteria:

11.7.b.1. Verification of enrollment in an approved CTR program and verification that the position was posted;

11.7.b.2. Background Check. All candidates for the Clinical Experience Permit whose initial applications are received by the WVDE, or the candidate is reapplying within 12 months of the first application without interruption in the preparation shall be fingerprinted by the West Virginia State Police, or its designee, in accordance with section 9, unless the candidate holds a valid credential issued by the WVDE. Provided, the criminal history record check may not be used for subsequent applications for other credentials issued by the State Superintendent; and,

11.7.b.3. Recommendation of the designated IHE official and the county superintendent in the county in which the candidate will serve as the CTR.

11.7.c. Validity Period. The CTR Permit shall be valid for one school year and expires on June 30.

11.8. Clinical Experience Permit.

11.8.a. General Criteria. Permits for Clinical Experiences may be issued to teachers, administrators, and student support candidates that that meet the following criteria:

11.8.a.1. Enrolled and in good standing in a WVBE-approved preparation program or in an out-of-state accredited IHE in accordance with section 4;

11.8.a.2. The program has a current agreement with the county board of education, which includes the supervision of the candidate by an educator who holds a valid West Virginia Professional Teaching Certificate in the endorsement area(s) of the permit, prior to placement in a West Virginia public or non-public school, in accordance with Policy 5100, for the clinical experience but may not have yet obtained a BA; and,

11.8.a.3. will have satisfied the state-specific program requirements for the area in which the candidate is applying for licensure prior to clinical placement; the general requirements specified in section 9; and the conditions of issuance in accordance with section 11; or, meet the exemptions defined in section 4.

11.8.b. Conditions for Issuance. The candidate for the Clinical Experience Permit may apply during the semester prior to the beginning of the clinical experience assignment and is required to submit documentation that they meet the following criteria: verification of enrollment in an in-state, or out-of-state, approved preparation program;

11.8.b.1. Criminal History Record Check. All candidates for the Clinical Experience Permit whose applications are received by the WVDE shall be fingerprinted by the West Virginia State Police, or its designee, in accordance with section 9, unless the candidate holds a valid credential issued by the WVDE. Provided, the criminal history record check may not be used for subsequent applications for other credentials issued by the State Superintendent; and,

11.8.b.2. Required Testing. A candidate is required to pass WVBE-required testing in accordance with section 10.1.c.2.A unless a qualifying exemption established in section 10.1.e is met, or the candidate has attempted the content Praxis examination at least twice without meeting the required cut score and the candidate has at least a B average in the content area in which they will be applying for licensure and completing a clinical placement; and, receives the recommendation of program officials that the candidate meets the proficiency requirements necessary to enter the clinical experience, may be issued a Restricted Clinical Experience Permit. The EPP is required to submit a Focused Supervision Plan for the candidate before a permit may be issued.

11.8.b.2.A. A candidate must pass test(s) required for basic skills and content proficiency. Provided, a candidate enrolled in a state-approved EPP resulting in an MA is exempt from basic skills proficiency testing requirements for the Clinical Experience Permit unless the candidate meets an exemption specified in the directory.

11.8.b.2.B. An administrator candidate is required to pass test(s) required for content proficiency.

11.8.b.2.C. A Student Support candidate is required to pass test(s) for content proficiency and be recommended for a Clinical Experience Permit by the designated IHE official. Provided, a Speech Language Pathologist candidate is exempt from this requirement and is not required to provide passing content proficiency scores prior to completing the clinical experience; and,

11.8.b.2.C.1 Receive the recommendation of the county superintendent, Multi-County CTE Administrator, or WVSDT Superintendent or designee for a Clinical Experience Permit.

11.8.c. Validity Period. The Clinical Experience Permit is valid for one school year and expires on June 30. Upon verification from the IHE that the permit holder has successfully completed the clinical experience, the Clinical Experience Permit is eligible to be used as a Short-Term Substitute Permit in the endorsement area(s) in which the candidate is applying for certification including, but not limited to, teacher certification, administrator certification, or student support certification. .

11.9. Permit for Year-Long Residency.

11.9.a. General Criteria. A Short-Term or Long-Term Permit for a Year-Long Residency may be issued to a candidate who meets the following criteria: is enrolled and in good standing in a WVBE-approved EPP; will have satisfied the state-specific program requirements for residency in accordance with Policy 5100 for clinical experience; has satisfied the general requirements established in section 9; and has satisfied the conditions of issuance in accordance with section 11.8.b.

11.9.b. Conditions for Issuance. A candidate for a Year-Long Residency Permit may apply during the semester prior to the beginning of the residency and is required to submit documentation that they meet the following criteria: verification of enrollment in an in-state approved EPP;

11.9.b.1. Criminal History Record Check. A candidate for a Year-Long Residency Permit whose application is received by the WVDE shall be fingerprinted by the West Virginia State Police, or its designee, in accordance with section 9, unless the candidate holds a valid credential issued by the WVDE. Provided, the criminal history record check may not be used for subsequent applications for other credentials issued by the State Superintendent; and,

11.9.b.2. Required Testing. A candidate is required to pass WVBE-required testing as stipulated in the EPP’s WVDE-approved residency program unless the candidate qualifies for an exemption established in section 10.1.e; or,

11.9.b.3. Basic Skills and Content Proficiency. A candidate for a Year-Long Residency permit who is enrolled in a state-approved EPP resulting in an MA are exempt from basic skills proficiency testing requirements.

11.9.c. Validity Period. The Year-Long Residency Permit is valid for one school year and expires on June 30. The Year-Long Residency Permit will serve as a Short-Term Substitute Permit upon verification from the EPP that the permit holder has completed all approved program course requirements and has successfully passed all required Praxis exams in accordance with Policy 5100. The permit holder is authorized to substitute teach as stipulated in the EPP’s WVDE-approved residency program in accordance with Policy 5100.

11.9.c.1. Exception. A candidate who begins a year-long residency on or after January 1 may be issued a Residency Permit valid through June 30 of the following school year.

11.10. Substitute Permits for Professional Educators.

11.10.a. Short-Term Substitute Permit for Teaching, Support, and Administrative Personnel.

11.10.a.1. General Criteria. The Initial Short-Term Substitute Permit endorsed for general substitute may be issued to a candidate who is temporarily replacing an educator assigned to a specific position that meets the following criteria: holds a minimum of a BA through an accredited IHE; the general requirements in accordance with section 9; has a minimum GPA of 2.00; and the conditions for issuance established in section 11.9.a.2. A short-term substitute is a substitute who fills a position for 30 days or less. A Non-United States Citizen candidate shall hold a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS) (W. Va. Code §18A-3-1).

11.10.a.2. Conditions for Issuance. The candidate for the initial Short-Term Substitute Permit is required to submit documentation that they meet the following criteria:

11.10.a.2.A. Verification that they have successfully completed a minimum 18 clock hours of training provided, or authorized by, the employing county board of education or available through the WVDE WVLearns platform that included classroom management, state and local policies, state-approved content standards, an overview of school law that included reporting requirements for suspected child abuse and trauma-informed best practices. Provided, the 18 clock hours of training may include a maximum of six clock hours of classroom observation completed within one year prior to the date the application is received by the local education agency (LEA).

11.10.a.2.A.1. Completion of clinical practice at a West Virginia IHE approved by the WVBE to offer teacher education programs may be used to meet training requirements. The clinical practice must have been completed within one year prior to the date the application is received by the LEA; and be recommended for a Short-Term Substitute Permit for Professional Educators by the employing county superintendent. If the candidate does not hold a professional certificate but has been a teacher of record for a minimum of one year within the past three years, the experience as the teacher of record may be used to meet training requirements; or

11.10.a.2.A.2. Hold an expired West Virginia Professional Certificate or a valid or expired Out-of-State Professional Teaching, Student Support, or Administrative Certificate. A candidate applying for a Short-Term Substitute Permit may use the expired West Virginia Professional Certificate or Out-of-State Professional Certificate, as established in this section, once to obtain a Substitute Permit if the Certificate has not been expired for more than five years prior to the application date. If the Certificate has been expired longer than five years prior to the application for the Substitute Permit date, the candidate is required to meet the requirements established in section 11.10 to obtain a Substitute Permit; and be recommended for a Substitute Permit by the superintendent of the employing county.

11.10.a.3. Validity Period. The Short-Term Substitute Permit shall be valid for not more than three school years and expires on June 30 of the last year of its validity.

11.10.a.4. Renewal of the Short-Term Substitute Permit. A candidate for renewal of the Short ‑Term Substitute Permit is required to submit documentation that they meet the following criteria:

11.10.a.4.A. Verified Training. Verification that they have successfully completed 12 clock hours of in‑service training provided, or authorized, by the employing county or available through the WVDE WVLearns platform that included classroom management and teaching strategies, and beginning July 1, 2021, trauma-informed best practices. The 12 clock hours training requirement for renewal of a Short-Term Substitute Permit may include a maximum of three clock hours of classroom observation completed after the issuance of the permit being renewed but within the five‑year‑period immediately preceding the application date. If the individual does not hold a professional certificate but has been a teacher of record for a minimum of one year employed under an eligible permit or authorization, other than a substitute permit, within the past three years, the experience as the teacher of record can be used to meet the training requirement; or,

11.10.a.4.B. Successful completion of eligible WVLearns coursework or six semester hours of coursework from an accredited IHE. The coursework must be related to public education and completed after the issuance of the permit being renewed and within the five-year period immediately preceding the application date; and be recommended for a Substitute Permit by the superintendent of the employing county.

11.10.b. Long-Term Substitute Permit for Teaching, Support, and Administrative Personnel.

11.10.b.1. General Criteria. The initial Long-Term Substitute Permit endorsed for any specialization recognized on the Professional Teaching, Support or Administrative Certificate may be issued to a candidate that meets the following requirements: holds a minimum of a BA through an accredited IHE reflected on official academic transcripts, or a minimum of a Nursing Diploma/AA reflected on official academic transcripts and a valid West Virginia RN license; the general requirements in accordance with section 9; a minimum GPA of 2.00; and the conditions for issuance established in section 11.10.b.2. A long-term substitute is a substitute authorized to fill a position for more than 30 days. A Non-United States Citizen candidate is required to meet the documentation requirements in accordance with section 17.1.

11.10.b.2. Conditions for Issuance. A candidate for a Long-Term Substitute Permit is required to submit documentation that they meet the following criteria:

11.10.b.2.A. Verification that they have completed 18 clock hours of training provided, or authorized, by the employing county or available through the WVDE WVLearns platform that included classroom management, state and local policies, state-approved content standards, an overview of school law that included reporting requirements for suspected child abuse, and beginning July 1, 2021, trauma-informed best practices. The 18 clock hours may include a maximum of six clock hours of classroom observation completed within one year prior to the date the application is received by the LEA.

11.10.b.2.A.1. For elementary education endorsements, training shall include teaching reading, literacy, and numeracy.

11.10.b.2.A.2. Upon hiring, LEAs shall provide information to long-term substitute teachers relating to IEP plans and 504 plans, detailing their uses and how IEP and/or 504 plans should be implemented to better serve students.

11.10.b.2.A.3. For school counseling endorsements, in addition to the minimum number of required semester hours, a candidate is required to complete the WVDE-approved School Counseling modules; and,

11.10.b.2.A.4. Completion of clinical practice at a West Virginia IHE approved by the WVBE to offer teacher education programs may be used to meet training requirements. The clinical practice must have been completed within one year prior to the date the application is received by the LEA, or the candidate must hold a valid Permanent West Virginia Professional Teaching Certificate in another endorsement area. If the candidate does not hold a professional certificate but has been a teacher of record for a minimum of one year within the past three years, the experience as the teacher of record may be used to meet training requirements.

11.10.b.2.B. College/University Coursework. Completion of 12 semester hours of coursework with a minimum GPA of 2.00 for each course from an accredited IHE in any specialization area recognized on the Professional Teaching or Support Certificate or achieved passing scores on the WVBE-required content exam for the requested area(s) as specified in the Licensure Testing Directory. For elementary education endorsements, a minimum of 12 semester hours that included at least one college level mathematics course and a combination of core content coursework including, but not limited to, English, Science and Social Studies. One course related to child development, early learning, or reading and writing may be used in lieu of a core content course other than mathematics; and, the candidate must be recommended for a Long-Term Substitute Permit by the superintendent of the employing county; or

11.10.b.2.B.1. Hold an expired West Virginia Professional Certificate or a valid or expired out-of-state Professional Teaching, Student Support, or Administrative Certificate endorsed for the specialization(s) or consistent with the specialization(s) for which the candidate has applied for a Long-Term Substitute Permit ; candidates for the Long Term Substitute Permit may use the expired West Virginia Professional Certificate or Out-of-State Professional Certificate, as established in this section, only once to obtain a Long-Term Substitute Permit provided, that the Certificate has not been expired for more than five years prior to the application date. If the Certificate has been expired longer than five years prior to the application date for the Substitute Permit, the candidate is required to meet the requirements established in section 11.10.b.1 be issued a Long-Term Substitute Permit; and, be recommended for a Long-Term Substitute Permit by the superintendent of the employing county.

11.10.b.3. Exceptions. A candidate applying for a School Nurse Substitute Permit is required to hold a valid RN licensure issued by the West Virginia Registered Nurse Board and have completed 12 hours of training related to school nursing and six hours of clinical time with a certified school nurse who is an RN. The WVDE shall review the current status of any disciplinary action prior to issuance of a certificate.

11.10.b.4. Validity Period. The Long-Term Substitute Permit is valid for not more than three school years and expires on June 30 of the last year of its validity.

11.10.b.5. Renewal of a Long-Term Substitute Permit for Teaching, Support, and Administrative Personnel. A candidate applying to renew a Long-Term Substitute Permit for Teaching, Support and Administrative Personnel is required to submit documentation that they meet the following criteria:

11.10.b.5.A. Verified Training. Verification that they meet the training requirements established in section 11.10.a.4.A.

11.10.b.5.B. Exceptions. A candidate applying to renew a School Nurse Substitute Permit is required to have successfully completed 12 hours of training related to school nursing and hold a valid RN licensure issued by the West Virginia Registered Nurse Board. The WVDE shall review the current status of any disciplinary action prior to issuance of a permit.

11.10.b.6. A candidate with a valid West Virginia Professional Certificate, or a permit for Non-United States Citizen, may apply for a Long-Term Substitute Permit for any specialization area(s) for which the candidate qualifies in accordance with section 11.7 without completing the initial 18 clock hours of training. If a candidate has maintained a valid the West Virginia Professional Certificate, the candidate is not required to complete the 12 clock hours of renewal training when renewing their Long-Term Substitute Permit; provided, the candidate meets all other requirements.

11.10.c. Initial Substitute CTE Permit.

11.10.c.1. General Criteria. An initial Substitute CTE Permit for teaching in a CTE secondary or adult program may be issued to a candidate meeting the following criteria: holds a high school diploma or state-approved high school equivalency, or a degree, if applicable, through an accredited IHE; the general requirements in accordance with section 9; the common conditions for issuance established in section 11.10.c.2; and the appropriate content-specific conditions for issuance specified in the West Virginia CTE Endorsement and Testing Manual.

11.10.c.2. Conditions for Issuance. A candidate for a Substitute CTE Permit is required to submit documentation that they meet the following criteria and the appropriate content specific conditions for issuance identified in the West Virginia CTE Endorsement and Testing Manual.

11.10.c.2.A. Wage-Earning Experience. Verification of the required years of work experience by the current or former employer(s) as specified in the West Virginia CTE Endorsement and Testing Manual;

11.10.c.2.B. Successful completion of 18 clock hours of training provided, or authorized, by the employing county that included classroom management, state and local policies, instructional goals and objectives, an overview of school law including reporting requirements for suspected child abuse, and beginning July 1, 2021, trauma-informed best practices. The 18 clock hours of training may include not more than six clock hours of classroom observation completed within one year prior to the date the application is received by the LEA. An RN holding a valid nursing license and hired as a clinical instructor to monitor students in a practical nursing and/or a certified nursing assistant program is exempt from the 18 hours of training requirement established in this section; and,

11.10.c.2.C. Industry Recognized Credentials. The candidate for the Substitute CTE Permit must submit evidence of holding the industry recognized credential(s), if applicable, as identified in the CTE Endorsement and Testing Manual; and, receive the recommendation of the employing Superintendent, Multi-County CTE Administrator, or WVSDT Superintendent or designee.

11.10.c.3. Validity Period. A Substitute CTE Permit is valid for not more than three school years and expires on June 30 of the last year of its validity.

11.10.c.4. Renewal of Substitute CTE Permit. A Candidate applying to renew a Substitute CTE Permit is required to submit documentation that they meet the following criteria:

11.10.c.4.A. Coursework. Verification that the candidate has successfully completed eligible WVLearns coursework, or 12 clock hours of in‑service training provided, or authorized by, the employing county that includes classroom management, teaching strategies, and beginning July 1, 2021, trauma-informed best practices or completion of WVLearns substitute renewal course. The 12 clock hours of renewal training may include a maximum of three clock hours of classroom observation completed subsequent to the issuance of a Substitute CTE Permit being renewed and within the five-year period immediately preceding the application date; or

11.10.c.4.B. The criteria established in section 11.10.c; and,

11.10.c.4.C. Industry Recognized Credential. A valid industry credential is required to renew a Substitute CTE Permit as specified in the West Virginia CTE Endorsement and Testing Manual, if applicable; and be recommended for renewal of the Substitute CTE Permit by the Superintendent, Multi-County CTE Administrator, or the WVSDT Superintendent or designee.

11.10.c.5. A candidate holding a valid West Virginia Professional Teaching Certificate may apply for a Substitute CTE Permit for any specialization area(s) for which the candidate qualifies in accordance with the appropriate content specific conditions for issuance established in section 11.7 without completing the initial 18 clock hours of training.

11.10.d. Restricted Short-Term Substitute Permit.

11.10.d.1. General Criteria. The Restricted Short-Term Substitute Permit endorsed for a general substitute may be issued to a candidate who is temporarily replacing the educator assigned to a specific position in a county which has an approved substitute shortage waiver from the State Superintendent and submits documentation that they meet the following criteria: holds a minimum of 60 semester credit hours or 90 quarter of completed course work with a 2.00 cumulative GPA or higher, or an AA through an accredited IHE reflected on official academic transcripts with a minimum GPA of 2.00; Courses may include but are not limited to evidence of competencies in core areas such as English, Reading, Writing, and Mathematics, communications, social sciences, humanities and fine arts, analytical and inferential reasoning, and computational skills. These hours must be reflected on an official transcript of an accredited institution. the general requirements in accordance with section 9; is 21 or older; and, meets the conditions for issuance established in section 11.10.d.2. The Restricted Short-Term Substitute Permit shall not be used in lieu of a Coaching Authorization unless all West Virginia Secondary School Activities Commission (WVSSAC) coursework and WVDE requirements for the Restricted Substitute Permit are met in accordance with section 11.10.d. A Non-United States Citizen candidate is required to also meet the documentation requirements in accordance with section 17.1.

11.10.d.2. Conditions for Issuance. A candidate applying for a Restricted Short-Term Substitute Permit is required to submit documentation that they meet the following criteria:

11.10.d.2.A. Verification that the candidate has successfully completed 18 clock hours of training provided, or authorized by, the employing county board of education or available through the WVDE e-Learning platform that included classroom management, state and local policies, state-approved content standards, an overview of school law including reporting requirements for suspected child abuse and trauma-informed best practices. The 18 clock hours of training may include a maximum of six clock hours of classroom observation completed within one year prior to the date the application is received by the LEA. Completion of clinical practice at a West Virginia IHE approved by the WVBE to offer teacher education programs may be used in lieu of the training. The clinical practice must have been completed within one year prior to the date the application is received by the LEA; and, the candidate must be recommended for a Restricted Short-Term Substitute Permit by the superintendent of the employing county.

11.10.d.3. Validity Period. A Restricted Short-Term Substitute Permit expires on June 30 and may be renewed.

11.10.d.4. Renewal of the Restricted Short-Term Substitute Permit. A Candidate applying to renew a Restricted Short-Term Substitute Permit is required to submit documentation that they meet the following criteria:

11.10.d.4.A. Verified Training. Verification that the candidate has successfully completed 12 clock hours of in‑service training provided, or authorized by, the employing county or available through the WVDE WVLearns platform that included classroom management, teaching strategies, and beginning July 1, 2021, trauma-informed best practices. The 12 clock hours of renewal training may include a maximum of three clock hours of classroom observation completed subsequent to the issuance of the permit being renewed and within the five-year period immediately preceding the application date; or,

11.10.d.4.B. The criteria established in section 11.10.a.4.A.

11.10.d.5. Conversion of a Restricted Short-Term Substitute Permit. A candidate who has completed five years of successful experience under the Restricted Short-Term Substitute Permit and obtains minimum scores of 771 (Reading), 757 (Writing), and 775 (Math) in the Basic Skills California Achievement Test may apply for an initial Short-Term Substitute Permit without meeting the bachelor’s degree requirement.

11.10.e. College Instructor Permit.

11.10.e.1. General Criteria. The College Instructor Permit may be issued for any specialization recognized on the Professional Teaching and Support Certificate. A Collegiate Instructor Permit may be issued to a candidate employed for a specific assignment that meets the general requirements in accordance with section 9 and the conditions of issuance established in this section.

11.10.e.2. Conditions for Issuance. A candidate for the College Instructor Permit is required to provide documentation that they meet the following criteria:

11.10.e.2.A. College/University Coursework. Holds an MA degree in the content area in which they have applied for the permit to be endorsed; and,

11.10.e.2.B. Experience. Verification of a minimum of three years of college/university teaching experience in the area the endorsement is requested which must be the area of assignment by the employing college/university; and be recommended for a Collegiate Instructor Permit by the county superintendent on the basis that the candidate is the most qualified candidate for the position, and has been offered employment by a county board of education whose local policy provides assurance that such personnel are not a replacement for a fully state-certified educator.

11.10.e.3. Validity Period. The College Instructor Permit is valid for one school year, expires on June 30 and may be renewed twice.

11.10.e.4. Renewal of the College Instructor Permit. A candidate applying to renew a Collegiate Instructor Permit must be recommended by the county superintendent on the basis that the candidate is the most qualified candidate for the position and has been offered employment by a county board of education whose local policy provides assurance that such personnel are not a replacement for a fully state-certified educator.

11.10.e.5. Conversion of the College Instructor Permit. A candidate may be issued a non-transferable teaching certificate if they have completed a WVBE-Approved Alternative Certification program required in accordance with Section 10.

11.10.f. Contractor/Volunteer or Other School Personnel Permit.

11.10.f.1. General Criteria. A county board of education may request that a Contractor/ Volunteer or Other School Personnel Permit may be issued to a candidate who will be providing any services to students; may have unaccompanied contact with students; or, unaccompanied access to school grounds when students are present.

11.10.f.2. Conditions for Issuance. A candidate for the Contractor/Volunteer or Other School Personnel Permit is required to submit documentation that they are being recommended for a Contractor/Volunteer or Other School Personnel Permit by the county superintendent in which they will be working. For the initial issuance and the renewal of the permit, the candidate shall be fingerprinted by the West Virginia State Police or its designee. The fingerprints shall be analyzed by the State Police for a state criminal history record check through the central abuse registry record and then forwarded to the FBI for a national criminal history record check. Information contained in either the central abuse registry record, or the FBI record, may be sufficient to warrant a denial of a Contractor/Volunteer or Other School Personnel Permit for cause (W. Va. Code §18A-3-2a) and (W. Va. Code §18A-3-10).

11.10.f.3. Validity Period. A Contractor/Volunteer or Other School Personnel Permit is valid for one year; expires on June 30; and, may be renewed.

11.10.f.4. Renewal of a Contractor/Volunteer or Other School Personnel Permit. A county board of education may request that a Contractor/Volunteer or other School Personnel Permit be renewed for a candidate who will continue to provide any services to students; may have unaccompanied contact with students; or, unaccompanied access to school grounds when students are present by completing the appropriate application and permit.

11.11. Adult Credentials.

11.11.a. An Adult Certificate endorsed for Adult Education shall be valid for a maximum of five years and expires on June 30 of the last year of its validity. A candidate for adult credentials is required to submit documentation that they meet all the criteria established in section 11.10.b for an initial certificate and section 11.10.c for renewal of the certificate.

11.11.b. Initial Adult Certificate Endorsed for Adult Education. A candidate applying for an initial Adult Certificate Endorsed for Adult Education is required to submit documentation that they meet the following criteria: holds a minimum of a BA from an accredited IHE; the general requirements in accordance with section 9; achieved the minimum GPA specified in section 9; and be recommended for an initial Adult Certificate endorsed for Adult Education by the superintendent of the employing county, Multi‑County CTE Administrator, Educational Services Cooperative Director (ESC), or WVSDT Superintendent or designee. For community-based organizations or non-educational agencies, the WVDE Adult Education Director may recommend a candidate for licensure.

11.11.c. Renewal of the Initial Adult Certificate Endorsed for Adult Education. A candidate applying for renewal of the Adult Certificate Endorsed for Adult Education is required to submit documentation that they meet the following criteria: completion of six semester hours of college/university coursework reflecting a 3.00 GPA related to the public education, related to basic skills content, or WVLearns courses through the WVDE; or is a minimum of 60 years old; and completion of the adult education professional learning activities as prescribed in the West Virginia Adult Education Instructor Handbook approved by the WVDE; and,

11.11.c.1. Be recommended for renewal of an initial Adult Certificate endorsed for Adult Education by the WVDE Adult Education Director or the superintendent of the employing county, Multi-County CTE Administrator, Educational Services Cooperative Director (ESC), or WVSDT Superintendent or designee. For community-based organizations or non-educational agencies, the WVDE Adult Education Director may recommend a candidate for renewal.

11.11.d. Renewal of the Adult Permit endorsed for areas of CTE. A candidate applying for renewal of an Adult Permit endorsed for employment in areas of CTE specified in the West Virginia CTE Endorsement and Testing Manual is required to submit documentation that they meet the following criteria: Completion of WVLearns courses or six semester hours of college/university coursework reflecting a minimum 3.00 GPA related to public education; a valid industry credential as specified in the West Virginia CTE Endorsement and Testing Manual, if applicable; and, be recommended for renewal by the superintendent of the employing county, Multi-County CTE Administrator, or WVSDT Superintendent or designee.

11.11.e. The Adult Permit endorsed for areas of CTE employment is valid for a maximum of five years and expires on June 30 of the last year of its validity. A candidate applying for an Adult Permit endorsed for areas of CTE is required to submit documentation that they meet all criteria in accordance with section 11.10.d for an initial permit and section 11.10.d.1 for a renewal of the permit.

11.11.e.1. Adult Permit endorsed for Emergency Medical Services (EMS) Public Service Training). An Adult Permit endorsed for Emergency Medical Services Public Services Training (EMS) for part-time employment is valid for a maximum of five years and expires on June 30 of the last year of its validity. A candidate applying for an Adult Permit endorsed for EMS is required to submit documentation that they meet all the criteria required in section 11.10.f for an initial permit and section 11.10.f.2 for a renewal of the permit.

11.11.e.2. Adult Permit endorsed for Fire Service Training (Public Service Training). An Adult Permit endorsed for Fire Service Training for part-time employment is valid for a maximum of five years and expires on June 30 of the last year of its validity. A candidate applying for an Adult Permit endorsed for Fire Service Training is required to submit documentation that they meet all the criteria required in in section 11.11.b for an initial permit and section 11.11.c for a renewal of the permit.

11.11.f. Initial Emergency Medical Services (EMS) Adult Permit. A candidate applying for an initial EMS (Public Service Training) Adult Permit for part-time employment is required to submit documentation that they meet the following criteria: completion of the general requirements established in section 9; holds a current West Virginia Emergency Medical Technician (EMT) license, West Virginia Paramedic Certification, National Registry EMT, or Paramedic license; completion of four years of recent volunteer or paid work experience, which may include emergency room or emergency medical care, beyond the training period in the occupation to be taught; scores reflecting a minimum of 84 percent on a WVDE-approved examination; holds a valid cardiopulmonary resuscitation (CPR) instructor certification; and,

11.11.f.1. Completion of a WVDE-approved instructor course: Successful completion of an EMT field‑based experience; holds a minimum of a high school diploma, a state-approved high school equivalency, or a degree, if applicable, through an accredited IHE; and, be recommended by the WVDE-approved provider or a designated official from the WVDE Office of Adult Education.

11.11.f.2. Renewal of an EMS Adult Permit. A candidate for renewal of an Emergency Medical Services (EMS) Adult Permit for part-time employment is required to submit documentation that they meet the following criteria: holds a valid West Virginia EMT, West Virginia Paramedic Certification, or National Registry EMT or Paramedic license; holds a valid CPR instructor certification; has completed 30 hours of teaching activity in EMS or related courses subsequent to the issuance of the permit being renewed; attended at least three approved instructor seminars subsequent to the issuance of the permit being renewed; and, be recommended for renewal by the WVDE-approved provider or a designated official from the WVDE Office of Adult Education.

11.11.g. Initial Fire Service Training Adult Permit. A candidate for an initial Fire Service Training Adult Permit for part-time employment is required to submit documentation that they meet the following criteria: the general requirements established in section 9; completion of four years of volunteer, or paid, work experience in the fire service field; completion of an approved instructor training program; completion of a field-based experience in fire instructor training; completion of required training in firefighting and hazardous materials; and holds a current Cardiopulmonary Resuscitation (CPR) certification, First Aid or Advanced EMS certification, and test scores reflecting a minimum of 84 percent on a WVDE-approved examination; and, a minimum of a high school diploma, or a state-approved high school equivalency, or a degree, if applicable, through an accredited IHE. Receive the recommendation for an initial Fire Service Training Adult Permit by the WVDE-approved provider or a designated official from the WVDE Office of Adult Education.

11.11.g.1. Renewal. A candidate for renewal of the Fire Service Training Adult Permit for part-time employment is required to submit documentation that they meet the following criteria: completed 30 hours of teaching activity in an approved fire service or related course subsequent to the issuance of the permit being renewed; attended at least three approved instructor seminars subsequent to the issuance of the certificate being renewed; and, be recommended for renewal by the WVDE-approved provider or a designated WVDE official from the WVDE Office of Adult Education.

11.11.h. Driver Education Temporary Permit. When providing driver educator instruction in the public schools, a candidate for a Driver Education Temporary Permit may only be employed under a contract with the respective county board of education. The contract shall include the duties the permit holder will be required to perform; a rate of pay for the permit holder that is equivalent to the rate of pay for professional educators in the respective county board of education performing similar duties as extra duty assignments; and, the county board of education will maintain liability insurance associated with the activity. A candidate issued this credential is required to report any moving violations including, a driving under the influence violation (DUI), to the WVDE within 7 days of the violation being issued.

11.11.h.1. A candidate for a Driver Education Temporary Permit must submit documentation that they meet the following criteria:

11.11.h.1.A. Holds a minimum of a BA degree in any field of study or a high school diploma with five years of documented professional experience as a driving instructor; and completes an orientation program approved by the WVDE;

11.11.h.1.B. Has held a valid motor vehicle operator's license for the past five years;

11.11.h.1.C. Be in good health and free from impairments that would adversely affect the safety of students and the public;

11.11.h.1.D. Have a satisfactory driving record confirmed through the West Virginia Department of Public Safety and/or Division of Motor Vehicles (DMV);

11.11.h.1.E. Not accumulated more than nine points on the candidate’s DMV record at any time during the past five years;

11.11.h.1.F. Not been convicted by a court with competent jurisdiction and/or been subject to a DMV suspension or revocation of their driver’s license on a charge of operating a motor vehicle while under the influence of alcohol, controlled substance, any other drugs or the combination thereof, and has not operated a motor vehicle while under the influence as established by a preponderance of evidence, such as positive breath or blood test, or field sobriety test, notwithstanding the lack of a conviction or DMV suspension or revocation; and,

11.11.h.1.G. Completion of 18 clock hours of training provided or authorized by the employing county, or available through the WVDE WVLearns platform. Provided, a candidate currently holding a valid West Virginia Professional Teaching Certificate is exempt from this requirement.

11.11.h.2. A candidate applying for a Driver Education Permit or certificate is subject to a criminal history check; and must be recommended for the permit by the employing county superintendent.

11.11.h.3. Driver Education Temporary Permit Renewal.

11.11.h.3.A. A candidate applying for a renewal must submit documentation that they meet the following criteria:

11.11.h.3.A.1. Verification that they have completed 18 clock hours of training provided, or authorized, by the employing county or available through the WVDE WVLearns platform. Provided, a candidate currently holding a valid West Virginia Professional Teaching Certificate is exempt from this requirement;

11.11.h.3.A.2. Verification that they have completed six hours of coursework toward a Driver Education Certification or three hours of approved professional learning provided by the WVDE;

11.11.h.3.A.3. Verification that they have completed the mandatory Driver’s Education Clinical Experience with a certified Driver Education Teacher currently employed in a county school system;

11.11.h.3.A.4. A copy of the candidate’s current Driver’s License and driving record if a driving record has not been submitted to the WVDE within the previous 30 days; and,

11.11.h.3.A.5. Be recommended for renewal by the employing county superintendent.

11.11.h.3.A.6. A candidate issued a renewal of a Driver Education Temporary Permit is required to report any moving violations, including a DUI, to the WVDE within 7 days of the violation being issued.

11.12. Authorizations Issued to Educators.

11.12.a. General Criteria. An Authorization may be issued to a candidate that meets the following criteria: holds a BA or an MA as specified in Appendix A through an accredited IHE, if applicable; the general requirements in accordance with section 9; the minimum GPA in accordance with section 9, if applicable; and passes a criminal history record check; and, meets the conditions for issuance required for the specialization or concentration for which the candidate is applying for a license. The Authorization shall be endorsed to indicate the specialization(s) and/or concentration(s) and the grade level(s) in which the holder is authorized to be assigned within the public schools. Authorization may be issued to a candidate who is employed and assigned to a position for which a specialization related to public school instruction or a public school program does not exist on the Professional or CTE Certificate.

11.12.a.1. Conditions for Issuance. A candidate applying for an Authorization must submit documentation that they satisfy the specific conditions for issuance for the specialization for which the candidate has applied for a license.

11.12.a.2. Validity Period. An Authorization is valid for one school year and expires on June 30, unless the validity period is otherwise extended by this policy. A candidate employed in a specialization, other than coaching, on or after January 1 may be issued an Authorization valid until June 30 of the following school year. However, an Authorization endorsed for coaching expires on June 30 of the current school year.

11.12.b. Initial Out-of-Field Authorization for Teaching. A candidate applying for an initial Out-of-Field Authorization for Teaching is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Teaching Certificate; has a Professional Commitment form verifying that they are enrolled in an IHE’s state-approved program; and receive the recommended by the employing county superintendent based on the candidate being the most qualified or only candidate for the position.

11.12.b.1. Limitations. Out-of-Field Authorizations are restricted to teaching specializations and shall only be issued if the candidate does not qualify for a First-Class/Full-Time Permit.

11.12.b.2. Extension. An Out-of-Field Authorization may be extended in accordance with section 14.4.

11.12.b.3. Renewal of the Out-of-Field Authorization for Teaching. A candidate applying for a renewal of an Out-of-Field-Authorization for Teaching permit is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Teaching Certificate; completion of six semester hours of college/university coursework approved by the accredited IHE, where the candidate is completing the approved licensure program; have a 3.00 GPA within the approved program degree requirements of the specializations for which the Out-of-Field Authorization will be issued; verification from the designate IHE official that the coursework was completed as part of the IHE’s state-approved program; and be recommended for renewal by the employing county superintendent.

11.12.c. Initial Authorization for Alternative Learning Setting Education. A candidate applying for an initial Authorization for Alternative Learning Setting Education is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Teaching Certificate; is recommended for the permit by the employing county superintendent based on the candidate being the most qualified candidate for the position and meeting the selection criteria required to work with troubled and disruptive youth in accordance with W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373).

11.12.c.1. Renewal of the Authorization for Alternative Learning Setting Education. A candidate applying for a renewal is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Teaching Certificate; and, is recommended for renewal by the employing county superintendent based on the candidate being the most qualified candidate for the position.

11.12.d. Initial Authorization for CTE Health Care Fundamentals. A candidate applying for an initial Authorization for CTE Health Care Fundamentals permit is required to submit documentation that they meet the following criteria: holds a Professional Teaching Certificate endorsed for biology, chemistry, general science or health; completion of the required WVDE-sponsored professional learning activities; and is recommended for renewal by the employing county superintendent based on a candidate with the required certification not being available to fill the position.

11.12.d.1. Renewal of CTE Health Care Fundamentals. A candidate applying for a renewal is required to submit documentation that they meet the following criteria: completion of the required WVDE-sponsored professional learning activities; and, is recommended by the employing county superintendent.

11.12.e. Initial Authorization for Coaching. A candidate for an initial Authorization for Coaching permit is required to submit documentation that they meet the following criteria:

11.12.e.1. The requirements established in section 9.2;

11.12.e.2. Holds a minimum of a high school diploma or has successfully passed a WVBE-approved high school equivalency exam;

11.12.e.3. Employed under a contract with a county board of education to serve as a coach or authorized to be a volunteer coach;

11.12.e.4. Completion of approved training if the sport falls within the jurisdiction of the WVSSAC, or approved county board of education training if the sport is not within the jurisdiction of the WVSSAC. Provided, the candidate must also submit documentation that they have successfully completed CPR and Automated External Defibrillator (AED) training provided or authorized by the recommending county board of education; and,

11.12.e.5. Is recommended by the county superintendent based on the candidate being the most qualified candidate for the position. An authorization to coach is effective on the employment/assignment start date provided on the application or the date that the application was received by the WVDE, whichever occurs last.

11.12.e.5.A. A county superintendent aware of any act(s) on the part of any individual serving in a coaching position for which a certificate may be revoked is required to report the information including all facts and evidence to the State Superintendent for any action the State Superintendent deems appropriate.

11.12.f. Exception. Individuals who possess a valid Junior Reserve Officers’ Training Corps (JROTC) Authorization or Professional CTE Certificate are not required to complete the Sports First Aid, Coaching Principles, or the WVSSAC course to be issued an authorization to coach.

11.12.g. Continued Employment. A coach previously authorized without holding a high school diploma or passing an WVBE-approved high school equivalency exam is exempt from meeting high school diploma or equivalency requirement if their coaching service has been continuous.

11.12.h. WVSSAC Coursework. A certified coach that has only completed the Sports First Aid and the Coaching Principles courses whose certificate was not renewed for the academic year after the certificate expired must complete the WVSSAC coursework before their authorization may be renewed.

11.12.i. Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillator (AED) Training. For issuance of any Coaching, Limited Sports Training, and Athletic Training Authorizations, all individuals who serve as sports personnel, including any licensed educators or professional personnel who may not hold such authorizations, shall complete CPR and AED training provided, or authorized, by the county board of education where the individual is employed. Individuals shall maintain this training current and valid as required by the county board of education policy effective at the time of each renewal.

11.12.j. Renewal of the Authorization for Coaching. A candidate applying for a renewal is required to submit documentation that they meet the following criteria:

11.12.j.1. Employed under a contract with a county board of education to serve as a coach or approved by the county board of education to be a volunteer coach;

11.12.j.2. Recommended for renewal by the county superintendent based on the candidate being the most qualified candidate for the position; and,

11.12.j.3. Meet requirements in accordance with section 11.11.a. An authorization issued for coaching is effective on the employment/assignment start date provided on the application or the date that the application was received by the WVDE, whichever is later.

11.12.k. Permanent Authorization for Grade Modification. A candidate applying for a Permanent Authorization for Grade Modification is required to submit documentation that they meet the following criteria: holds a valid certificate reflecting an eligible professional endorsement(s) specified in Appendix A; and is recommended for the authorization by the employing county superintendent.

11.12.l. Initial Authorization for Jobs for West Virginia Graduates Program. A candidate applying for an initial Authorization for Jobs for West Virginia Graduates Program is required to submit documentation that they meet the following criteria: holds a minimum of a BA from an accredited IHE; is employed as a teacher in the Jobs for West Virginia Graduates Program; and, recommended for the authorization by the employing county superintendent.

11.12.l.1. Authorization for Jobs for West Virginias Graduates Program Renewals. A candidate applying for renewal is required to submit documentation that they meet the following criteria: is employed as a teacher in the Jobs for West Virginia’s Graduates Program; and, is recommended for renewal by the employing county superintendent.

11.12.m. Initial Authorization for JROTC Program and Renewal. A candidate applying for an initial Authorization for JROTC Program, or a renewal is required to submit documentation that they meet the following criteria: holds a JROTC Instructor certification awarded by a branch of the United States Military; and, is recommended for an initial authorization or a renewal of their current authorization by the employing county superintendent based on the candidate being the most qualified candidate for the position. The JROTC Authorization is valid for two years from the date it was issued.

11.12.n. Initial Temporary Authorization for School Nutrition Director. A candidate for an initial Temporary Authorization for School Nutrition Director is required to submit documentation that they meet the following criteria: holds a bachelor’s degree with a minimum 2.50 GPA, including six semester hours of coursework related to nutrition, food, and/or food service management, or a WVDE-approved training provided by the Office of Child Nutrition within 90 days of the start date in that position; completion of a minimum of eight hours of food safety training obtained within the five years prior to, or 30 days of, the start date in that position; and, is recommended for a temporary authorization by the employing county superintendent based on the candidate being the most qualified candidate for the position.

11.12.n.1. Validity Period. An initial Temporary Authorization for the School Nutrition Director is valid for three years.

11.12.n.2. Renewal of the Temporary Authorization for School Nutrition Director. A candidate for renewal of a Temporary Authorization for School Nutrition Director is required to submit documentation that they meet the following criteria: completion of 12 clock hours of job-specific training each year related to child nutrition programs; holds a valid United States Department of Agriculture (USDA) food safety certification; and, be recommended for renewal by the employing county superintendent.

11.12.o. Initial Authorization for Speech Assistant. A candidate for an initial Authorization for Speech Assistant is required to submit documentation that they meet the following criteria: holds a minimum of a BA in speech pathology, communication disorders, or a related field from an accredited IHE determined acceptable by the WVDE; employed as a speech assistant by a county board of education in West Virginia; and, be recommended by the employing county superintendent based on the candidate being the most qualified candidate for the position and that a fully West Virginia certified SLP did not apply for the position.

11.12.o.1. Renewal of the Authorization for Speech Assistant. A candidate for renewal of an Authorization for Speech Assistant is required to provide documentation that they meet the following criteria: completion of professional learning activities designated by the WVDE; employment as a speech assistant by a county board of education; and, be recommended for renewal by the employing county superintendent based on the candidate being the most qualified candidate for the position and that a fully West Virginia certified SLP did not apply for the position.

11.12.p. Initial Authorization for Curriculum/Cultural Enrichment. A candidate for an initial Authorization for Curriculum/Cultural Enrichment is required to provide documentation that they meet the following criteria: holds a minimum of a BA from an accredited IHE; employed by a county board of education to provide curriculum/culture enrichment in accordance with locally adopted policy that includes a provision that a person performing duties under an Curriculum/Cultural Enrichment Authorization will not be employed to replace a fully state-certified educator; and, be recommended for an initial authorization for Curriculum/Cultural Enrichment by the employing county superintendent.

11.12.p.1. Renewal of the Authorization for Curriculum/Cultural Enrichment. A candidate for renewal of an Authorization for Curriculum/Cultural Enrichment is required to submit documentation that they meet the following criteria: be employed by a county board of education in West Virginia to provide curriculum/cultural enrichment in accordance with locally adopted policy that includes a provision that a person performing duties under an Curriculum/Cultural Enrichment Authorization will not be employed to replace a fully state-certified educator; and, be recommended for renewal by of the employing county superintendent.

11.12.q. Initial Authorization for School Nurse. Please refer to section 10.5 for a Temporary or Nurse Certificate.

11.12.r. Permanent Authorization for Community Programs. A candidate for a Permanent Authorization for Community Programs is required to provide documentation that they meet the following criteria: holds a BA in child development, early childhood, or occupational development with an emphasis in child development/early childhood; completion of coursework and/or professional learning approved by the WVDE, in the areas of preschool special education, child development, preschool curriculum, early language and literacy, assessment of young children, and family and community involvement; completion of at least one year of early education teaching experience; and be recommended for a Permanent Authorization for Community Programs by either the employing county superintendent or the director of the employing collaborative community program under contract with the county board of education.

11.12.s. Initial Temporary Authorization for Community Programs. A candidate for an initial Temporary Authorization for Community Programs is required to submit documentation that they meet the following criteria: holds a BA in child development, early childhood, or occupational development with an emphasis in child development/early childhood; completion of at least one year of early education teaching experience; submission of commitment to complete coursework and/or professional learning, approved by the WVDE, in the areas of preschool special education, child development, preschool curriculum, early language and literacy, assessment of young children, and family and community involvement; and, be recommended for an initial Temporary Authorization for Community Programs either by the employing county superintendent or the director of the employing collaborative community program under contract with the county board of education.

11.12.s.1. Renewal of the Temporary Authorization for Community Programs. A candidate for renewal is required to provide documentation that they meet the following criteria: completion of six semester hours of unduplicated coursework or equivalent professional learning approved by the WVDE, in the areas of preschool special education, child development, preschool curriculum, early language and literacy, assessment of young children, and family and community involvement or coursework leading to teacher licensure in Early Education, Preschool Education, or Preschool Special Needs or is beginning in a new position in a community programs preschool that requires licensure; and, be recommended for renewal of either by the employing county superintendent or the director of the employing collaborative community program under contract with the county board of education.

11.12.t. Initial Temporary Authorization for Technology Systems Specialist (TSS). A TSS is an individual assigned to support and maintain local area networks, servers, computer workstations, or other computer related systems or technologies. All individuals working as a TSS are required to hold an authorization. The Temporary Authorization for TSS is valid for one year and expires on June 30 and may only be renewed once. A candidate for an initial Temporary Authorization for Technology Systems Specialist is required to provide documentation that they meet the following criteria: Holds a minimum of an AA from an accredited IHE; and be recommended for an initial Temporary Authorization for Technology Systems Specialist from the employing county superintendent.

11.12.t.1. Renewal of the Temporary Authorization for TSS. A candidate for renewal is required to provide documentation that they are making satisfactory progress toward completing all training required by the employing county; and, be recommended for renewal by the employing county superintendent.

11.12.u. Permanent Authorization for TSS. A candidate for a Permanent Authorization for TSS is required to provide documentation that they meet the following criteria: holds a minimum of an AA from an accredited IHE; complete all training required by the employing county; and be recommended by the employing county superintendent.

11.12.v. Permanent Authorization for Computer Science Discoveries. A candidate for a Permanent Authorization for Computer Science Discoveries is required to provide documentation that they meet the following criteria: holds a valid Professional Teaching Certificate or CTE Certificate, completion of a minimum of 60 hours of WVDE-approved professional development learning; and, be recommended by the employing county superintendent.

11.12.w. Permanent Authorization for Introduction to Computer Science. A candidate for a Permanent Authorization for Introduction to Computer Science is required to submit documentation that they meet the following: holds a valid Professional Teaching Certificate or CTE Certificate; completion of a minimum of 60 hours of WVDE-approved professional development learning; and, be recommended for a Permanent Authorization for Introduction to Computer Science by the employing county superintendent.

11.12.x. Permanent Authorization for Computer Science Fundamentals. A candidate for a Permanent Authorization for Computer Science Fundamentals is required to submit documentation that they meet the following criteria: holds a valid Professional Teaching Certificate; completion of a minimum of 50 hours of WVDE-approved professional development learning; and, be recommended for a Permanent Authorization for Computer Science Fundamentals by the employing county superintendent.

11.12.y. Permanent Authorization for Career Technical Education Administrator. A candidate for a Permanent Authorization for Career Technical Education Administrator is required to provide documentation that they meet the following criteria: Has a current Principal endorsement on their professional certificate; successful completion of the state-approved CTE Administrator coursework; completion of a minimum of three years teaching or school level administrator experience and, be recommended for a Permanent Authorization for Career Technical Education Administrator by the employing Superintendent, Multi-County CTE Administrator, or WVSDT Superintendent or designee.

11.12.z. Initial Temporary Authorization for Career Technical Education (CTE) Administrator. A candidate for an initial Temporary Authorization for CTE Administrator is required to provide documentation that they meet the following criteria: has a current Principal endorsement on their professional certificate; has committed to completing the state-approved CTE Administrator coursework; completion of a minimum of three years teaching or school-level administrator experience; and, be recommended for an initial Temporary Authorization for CTE Administrator by the employing Superintendent, Multi-County CTE Administrator, or WVSDT Superintendent or designee.. A Temporary Authorization for CTE Administrator is valid for one year, expires on June 30, and may be renewed once.

11.12.z.1. Renewal of the Temporary Authorization for CTE Administrator. A candidate for renewal is required to provide documentation that they meet the following criteria: verification of progress completing the state-approved CTE administrator coursework; and, receive the recommendation of the county superintendent. A Temporary Authorization for CTE Administrator may be renewed once.

11.12.aa. Temporary Authorization for Future Leaders Program. A candidate for a Temporary Authorization for Future Leaders Program is required to provide documentation that they meet the following criteria:

11.12.aa.1. General Criteria. A certificate to work in West Virginia public schools may be issued to a candidate who is: a United States citizen or holds a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS); of good moral character; physically, mentally, and emotionally qualified to perform assigned duties; and, was 18 years on or before October 1 of the year in which the certificate is issued (W. Va. Code §18A-3-2a).

11.12.aa.2. Conditions of Issuance. All candidates for initial licensure whose applications are received by the WVDE shall be fingerprinted by the West Virginia State Police or its designee. The fingerprints shall be analyzed by the State Police for a state criminal history record check through the central abuse registry record and then forwarded to the FBI for a national criminal history record check. Information contained in either the central abuse registry record or the FBI record may warrant denial of a certificate for cause (W. Va. Code §18A-3-2a) and (§18A‑3-10). Additionally, all candidates are required to provide documentation that they meet the following criteria:

11.12.aa.2.A. Education. Minimum of a high school diploma or its equivalent;

11.12.aa.2.B. Specialized Training. Completion of eligible substitute training;

11.12.aa.2.C. Experience. Service in the armed forces with at least four years of active or reserve experience;

11.12.aa.2.D. Commitment. Commitment agreement to complete the WVDE-approved pedagogy coursework for industry credentials; and,

11.12.aa.2.E. Recommendation. Be recommended by the West Virginia National Guard and the county superintendent where the candidate will be performing duties.

11.12.aa.3. Validity Period. The Initial Future Leader Certificate is valid for one year, expires on June 30 of the last year of its validity, and may be renewed year to year for a total of three years.

11.12.aa.4. Future Leader Certificate Annual Renewal. A candidate for annual renewal of a Future Leader Certificate is required to provide documentation that they meet the following criteria:

11.12.aa.4.A. Coursework. Verification by the designated official at the college/university or WVDE through which the WVDE-approved program is being completed that the candidate has completed a minimum of six semester hours or its equivalent of the approved program; and,

11.12.aa.4.B. Recommendation. Be recommended for renewal by the West Virginia National Guard and the county superintendent where the candidate is performing duties.

11.12.bb. Future Leaders Program Authorization. A candidate for licensure is required to submit documentation that they meet the following criteria:

11.12.bb.1. General Criteria. A certificate to work in the public schools of West Virginia may be issued to a candidate who is: a United States citizen or holds a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS); of good moral character; physically, mentally, and emotionally qualified to perform the assigned duties ; and, a minimum of 18 years old on or before October 1 of the year the certificate is issued (W. Va. Code §18A-3-2a); and

11.12.bb.2. Conditions of Issuance. All candidates for an initial Future Leaders Program Authorization whose applications are received by the WVDE shall be fingerprinted by the West Virginia State Police or its designee. The fingerprints shall be analyzed by the State Police for a state criminal history record check through the central abuse registry record and then forwarded to the FBI for a national criminal history record check. Information contained in either the central abuse registry record or the FBI record may be sufficient to warrant the denial of a certificate for cause (W. Va. Code §18A-3-2a) and (W. Va. Code §18A‑3-10). The candidate for a Future Leaders Program Authorization is required to submit documentation that they meet the following criteria:

11.12.bb.2.A. Education. Holds a minimum of a high school diploma or its equivalent;

11.12.bb.2.B. Specialized Training. Successful completion of six semester hours of an IHE’s educational pedagogy program; 12 hours of WVDE-approved WVLearns coursework; and, be recommended for a license by the designated official at the IHE through which the program was completed or holds a valid West Virginia Professional Teaching Certificate;

11.12.bb.2.C. Experience. Service in the armed forces with at least four years of active or reserve experience; and,

11.12.bb.2.D. Recommendation. Be recommended by the West Virginia National Guard and the county superintendent where the candidate will be performing duties.

11.12.bb.3. Validity Period. The Future Leaders Program Authorization is valid for three years.

11.12.bb.4. Renewal of the Future Leaders Authorization. A candidate for renewal is required to submit documentation that they meet the following criteria:

11.12.bb.4.A. Completion of Six semester hours or two courses approved by the WVDE completed after the issuance of the certificate being renewed and within the three-year period immediately preceding the date of application; and,

11.12.bb.4.B. Recommendation. Be recommended by the West Virginia National Guard and the county superintendent where the candidate is placed.

11.12.cc. Permanent Future Leaders Authorization. A candidate for a permanent authorization is required to submit documentation that they meet the following criteria:

11.12.cc.1. Education. Holds a minimum of a high school diploma or its equivalent;

11.12.cc.2. Experience. Service in the armed forces with at least four years of active or reserve experience;

11.12.cc.3. Coursework. Completion of 18 hours of WVDE-approved coursework; and

11.12.cc.4. Credentials. Held the three-year Future Leaders Program authorization twice for the entire validity period;

11.12.cc.5. Completion of a minimum of five years of experience under the Future Leaders credential in a West Virginia public school; and,

11.12.cc.6. Be recommended for a Permanent Future Leaders Authorization by the West Virginia National Guard and the county superintendent where the candidate will be performing duties.

11.12.dd. For issuance of a Permanent Authorization for Driver Education. A candidate is required to submit documentation that they meet the criteria in accordance with section 10; holds a valid West Virginia Professional Certificate that includes grades 9-12 or 9-Adult; has held a valid motor vehicle operator’s license continuously for the past five years with a satisfactory driving record certified by the DMV in each state where the candidate has been licensed during the past three years; has not accumulated nine or more points on the candidate’s driving record from a DMV at any time during the past five years; has not been convicted of and/or the subject of a license suspension or revocation by a DMV, for a charge of operating a motor vehicle while under the influence of alcohol, controlled substances, any other drugs or the combination thereof, or by clear and convincing evidence including, but not limited to, breath test results, blood test results, or field sobriety test results, has not operated a motor vehicle under the influence of the same; or,

11.12.dd.1. A candidate holding a valid West Virginia Professional Teaching Certificate may apply and be issued a permanent authorization in driver education provided the candidate submits documentation that they meet the following criteria: held a valid motor vehicle operator's license for the past five years; is in good health and free from impairments that would adversely affect the safety of students and the public; has a satisfactory driving record confirmed by a DMV; has not accumulated more than nine points on the individual’s DMV record at any time during the past five years; has not been convicted and/or the subject of a license suspension or revocation by a DMV for a charge of operating a motor vehicle while under the influence of alcohol, controlled substance, any other drugs or the combination thereof, and has not operated a motor vehicle while under the influence of the same as established by a preponderance of evidence including, but not limited to, breath test results, blood test results, or field sobriety test results, notwithstanding the lack of a conviction or a DMV suspension or revocation; completion of an orientation program approved by the WVDE; completion of the approved WVDE WVLearns Driver Education Authorization coursework and orientation program; and completes completion of a field driving component under the supervision of a certified driver’s education teacher. A candidate issued this credential is required to report any moving violations, including a DUI, to the WVDE within 7 days of the incident.

11.12.dd.2. Restricted Content Endorsement. An Individual hired full-time by a county board of education as a Driver Education teacher who is currently enrolled in the WVDE WVLearns Driver Education coursework may be issued a restricted Content Endorsement in Driver Education if they submit documentation that they meet the following criteria: held a valid motor vehicle operator's license for the past five years; is in good health and free from impairments that would adversely affect the safety of students and the public; has a satisfactory driving record confirmed and approved through the by a DMV; has not accumulated more than nine points on the individual’s DMV record at any time during the past five years; has not been convicted and/or the subject of a license suspension or revocation by a DMV for a charge of operating a motor vehicle while under the influence of alcohol, controlled substance, any other drugs or the combination thereof, and has not operated a motor vehicle while under the influence of the same as established by a preponderance of evidence including, but not limited to, breath test results, blood test results, or field sobriety test results, notwithstanding the lack of a conviction or a DMV suspension or revocation. A Restricted Content Endorsement is valid for one year, is not eligible for renewal, and only permits the license holder to provide in-class instruction to students. A Restricted Content Endorsement does not permit a license holder to conduct field driving instruction to students. A candidate issued this credential is required to report any moving violations, including a DUI, to the WVDE within 7 days of the incident.

11.12.ee. Waivers are not applicable to section 11.12.dd.

11.12.ff. Temporary Authorization for Developmentally Delayed Special Education. A candidate for a Temporary Authorization for Developmentally Delayed Special Education is required to submit documentation that they meet the following criteria: holds a valid Professional Teaching Certificate endorsed in an eligible area of Special Education; approval from WVDE’s Office of Special Education; and, be recommended by the employing county superintendent. A Temporary Authorization for Developmentally Delayed Special Education is valid for one year and may be renewed if the candidate continues to meet employment requirements and is recommended by the employing county superintendent.

11.12.gg. Middle School Mathematics Authorization. A candidate for a Middle School Mathematics Authorization is required to provide documentation that they meet the following criteria: holds a valid Professional Teaching Certificate endorsed in Multi-subjects K-8, completion of the WVDE-approved coursework, approval of the WVDE and is recommended by the employing county superintendent. This authorization is valid for one year and may be renewed if the candidate continues to meet employment requirements, completes required WVDE-coursework, is approved by the WVDE for renewal, and, is recommended for renewal by the employing county superintendent.

11.13.hh. Autism Mentor Permanent Authorization.

11.13.hh.1. General Criteria. The Autism Mentor Permanent Authorization may be issued to a candidate who meets the qualifications of “Aide III” as defined in W. Va. Code §18A-4-8 and is filling a posted as an Autism Mentor by the county school system.

11.13.hh.2. Conditions for Issuance. The candidate for the authorization must meet the qualifications of “Aide III” as defined in W. Va. Code §18A-4-8 and submit documentation that they meet the following criteria: successful completion of staff development program related to providing instructional supports to students with autism as determined by the WVDE and in accordance with Policy 5314, and delineated in WVDE’s Autism Spectrum Disorders: Services in West Virginia Schools; have two years of successful experience providing classroom instructional supports to students with autism; and, meet the criminal history record check requirements.

11.13.hh.2.a. If the candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must receive the recommendation of the employing county superintendent.

11.13.hh.2.b. The Permanent Authorization for Autism Mentor is not eligible for an advanced salary classification or degree recognition.

11.13.hh.3. Validity Period. The Autism Mentor Permanent Authorization shall continue to be valid unless surrendered, suspended, or revoked.

W. Va. Code R. § 126-136-12 Early Childhood Classroom Assistant Teacher (ECCAT) Authorization, Paraprofessional Certification, and Aide V/VI Assistant Teacher

12.1. ECCAT I.

12.1.a. General Criteria. An ECCAT I Temporary Authorization may be issued to a candidate performing duties in a pre-k through grade 3 classroom if the candidate is employed as an ECCAT when they apply for authorization and they hold a high school diploma, WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE.

12.1.a.1. A person employed as an ECCAT in a pre-k through grade 3 program shall hold the position of either ECCAT I, ECCAT II, or ECCAT III (W. Va. Code §18-5-18).

12.1.b. Conditions for Issuance. A candidate for an ECCAT Authorization is required to submit documentation that they meet the following criteria: holds a minimum of a high school diploma, a WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE; a commitment verifying the candidate’s agreement to complete coursework, approved by the WVDE in the areas of early childhood education special education, child development, and early childhood literacy, numeracy, which includes classroom and behavior management and expectations; and, meets the criminal history record check requirements;

12.1.b.1. Academic Assessment. A candidate hired by a county board of education shall have met a rigorous standard of quality and demonstrate, through a formal state-approved academic assessment, the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate. A candidate who has passed the current state competency exam for aides, administered by a county board of education, and developed (W. Va. Code §18A‑4-8e); or, holds a valid or expired Professional Teaching Certificate that has been expired for five years or less or its equivalent is sufficient to satisfy this requirement; and,

12.1.b.2. Be recommended by their employer for an ECCAT I Authorization which shall be either the employing county superintendent or the director of the employing collaborative community program under contract with the employing county board of education.

12.1.c. Renewal of Initial ECCAT I Temporary Authorization. A candidate for renewal is required to submit documentation that they meet one of the following : completion of unduplicated WVDE-approved coursework equivalent to a minimum of three semester hours in the areas of early childhood special education, child development, early childhood literacy, numeracy, which includes classroom and behavior management and expectations; be newly hired and/or assigned to an ECCAT I position; completion of semester hours for the Apprenticeship for Child Development Program (ACDS) verified by a seal-bearing certificate; completion of semester hours for a CDA Credential verified by a CDA Advisor’s signature; or, completion of approved CTE coursework; and,

12.1.c.1 Be recommended by their employer for an ECCAT I Authorization which shall be either the employing county superintendent or the director of the employing collaborative community program under contract with the employing county board of education.

12.1.d. Validity Period. An ECCAT I Temporary Authorization is valid for one school year and may be renewed twice.

12.1.e. Grade Extension for Grades 1 through 3. Candidates who hold an ECCAT I Temporary Authorization issued with an effective date prior to July 1, 2023, are eligible to apply for an endorsement for grades 1-3 by completing the required WVDE-approved coursework that shall include early childhood literacy science of reading, and early childhood numeracy.

12.2. ECCAT II Permanent Authorization.

12.2.a. General Criteria. An ECCAT II Permanent Authorization may be issued to a candidate performing duties in a pre-k through grade 3 classroom if the candidate is employed as an ECCAT II and holds a high school diploma, WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE and has completed the required WVDE-approved coursework.

12.2.a.1. A person employed as an ECCAT in a pre-k through grade 3 program shall hold the position of either ECCAT I, ECCAT II, or ECCAT III (W. Va. Code §18-5-18).

12.2.b. Conditions for Issuance. A candidate for an ECCAT II Permanent Authorization is required to submit documentation that they meet the following criteria: a rigorous standard of quality and demonstrated through a formal state-approved academic assessment that includes, but is not limited to, a measurement of the candidate’s subject matter knowledge and ability to assist in instructing reading, writing, and mathematics as well as reading readiness, writing readiness, and mathematics readiness as appropriate. A candidate who has passed the current state competency exam for aides, administered by a county board of education; and developed (W. Va. Code §18A-4-8e), or has a valid or expired Professional Teaching Certificate that has been expired for five years or less or its equivalent is sufficient to meet this requirement; and,

12.2.b.1. A candidate for an ECCAT II Permanent Authorization is also required to meet one of the following: Completion of a program for the ACDS reflected through a seal bearing certificate issued by the United States Department of Labor or verification of Completion of a program for a CDA Credential verified by a current seal-bearing certificate issued by a CDA National Credentialing Program as well as completion of unduplicated WVDE-approved coursework equivalent to a minimum of three semester hours or WVLearns coursework in each of the two areas of early childhood literacy science of reading and numeracy; completion of unduplicated WVDE-approved coursework equivalent to a minimum of three semester hours or WVLearns coursework in each of the four areas of early childhood special education, child development, early childhood literacy science of reading, numeracy, which includes classroom management and expectations; and,

12.2.b.2. If a candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for an ECCAT II Permanent Authorization by the employing county superintendent. If the candidate is not employed by a county board of education, then they are required to submit a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

12.2.c. Validity Period. An ECCAT II Permanent Authorization shall remain valid unless it is surrendered, suspended, or revoked.

12.2.d. Grade Extension for Grades 1 through 3. Candidates who hold an ECCAT II Permanent Authorization issued with an effective date prior to July 1, 2023, are eligible to apply for an endorsement for grades 1-3 by completing the required WVDE-approved coursework.

12.3. ECCAT III Permanent Authorization with Permanent Paraprofessional Certificate.

12.3.a. General Criteria. The ECCAT III Permanent Authorization may be issued to a candidate performing duties in a pre-k through third grade classroom if the candidate holds a high school diploma, WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE; a Permanent Paraprofessional Certificate; and has completed the required WVDE-approved coursework.

12.3.a.1. A person employed as an ECCAT in a pre-k through grade 3 program shall hold the authorization for either ECCAT I, ECCAT II, or ECCAT III (W. Va. Code §18-5-18).

12.3.b. Conditions for Issuance. A candidate for an ECCAT III Permanent Authorization is required to submit documentation that they meet the following criteria: a rigorous standard of quality demonstrated through a formal state-approved academic assessment that includes, but is not limited to, a measurement of the candidate’s subject matter knowledge and ability to assist in instructing reading, writing, and mathematics as well as reading readiness, writing readiness, and mathematics readiness as appropriate. A candidate who has passed the current state competency exam for aides, administered by a county board of education, and developed (W. Va. Code §18A-4-8e), or has a valid or expired Professional Teaching Certificate or its equivalent is sufficient to meet this requirement; and,

12.3.b.1. Completion of a program for the ACDS reflected through a seal bearing certificate issued by the United States Department of Labor or verification of Completion of a program for a CDA Credential verified by a current seal-bearing certificate issued by a CDA National Credentialing Program as well as completion of unduplicated WVDE-approved coursework equivalent to a minimum of three semester hours or WVLearns coursework in each of the two areas of early childhood literacy science of reading and numeracy; completion of unduplicated WVDE-approved coursework equivalent to a minimum of three semester hours or WVLearns coursework in each of the four areas of early childhood special education, child development, early childhood literacy science of reading, numeracy, which includes classroom and behavior management and expectations; and,

12.3.b.2. If a candidate is currently employed by a county board of education, multi-county CTE center, or WVSDT, the candidate must be recommended for an ECCAT III Permanent Authorization by the employing county superintendent. If the candidate is not employed by a county board of education, then the educator must secure a recommendation from a personal or professional reference that is not related to, nor residing in the same household as, the candidate.

12.3.c. Validity Period. A candidate who holds an authorization for ECCAT III shall be multi-classified and eligible for aide and/or paraprofessional positions. The ECCAT III authorization remains valid unless surrendered, suspended, or revoked.

12.3.d. Grade Extension for Grades 1 through 3. Candidates who hold an ECCAT III Permanent Authorization issued with an effective date prior to July 1, 2023, are eligible to apply for an endorsement for grades 1-3 by completing the required WVDE-approved coursework.

12.4. Permanent Paraprofessional Certificate.

12.4.a. General Criteria. A Paraprofessional Certificate may be issued to a candidate who meets the general requirements in accordance with section 9and the general conditions for issuance established in section 12.4.b. The Paraprofessional Certificate entitles the license holder to be employed in a support position including, but not limited to, facilitating the instruction and direct or indirect supervision of students under the supervision of a professional educator. The Permanent Paraprofessional Certificate remains valid unless surrendered, suspended, or revoked.

12.4.b. Conditions for Issuance. A candidate for a Permanent Paraprofessional Certificate is required to submit documentation that they have completed 36 semester hours of postsecondary education reflected on an official seal-bearing transcript or its equivalent in certificates of completion from WVDE’s WVLearns courses in the following areas: a minimum of three semester hours each of college/university credit or its equivalent in reading, writing, and mathematical computations; or passing the respective WVBE-required basic skills exam in reading, writing, and mathematics; or meeting an exemption established in section 10. A valid Apprenticeship for Child Development Specialist (ACDS) certificate issued by the United States Department of Labor (USDOL) for a candidate who entered the program during or after Fall 2002 is sufficient to satisfy the reading and math if the coursework is approved by the designated official at the WVDE; and, meet the following requirements:

12.4.b.1. General Studies. A candidate must have successfully completed a minimum of six semester hours of college/university credit or its equivalent from the humanities, fine arts, and/or physical, biological, or social sciences. A valid Apprenticeship for Child Development Specialist (ACDS) certificate issued by the (USDOL) for a candidate who entered the program during or after Fall 2002 is sufficient to satisfy the general studies course requirements;

12.4.b.2. Special Education. A candidate must have successfully completed a minimum of three semester hours of college/university credit or its equivalent in special education. Documentation of a minimum of two years of successful experience which included special needs children and a minimum of 10 clock hours of in‑service training directly related to special education may be substituted for the college/university credit experience was acquired in a public education classroom setting while the candidate was under direct supervision of a licensed public educator; or has successfully completed the WVLearns Early Childhood Special Needs Inclusion course offered through the WVDE; or holds a valid CDA certificate issued by the Council for Professional Recognition or completion of the CTE ECCAT program ; or holds a valid ACDS certificate issued after 2002 by the USDOL;

12.4.b.3. Classroom Management. A candidate must have successfully completed a minimum of three semester hours of college/university credit or its equivalent in classroom management acquired in a public classroom setting or a non-public school accredited through a WVBE-approved accreditation agency in accordance with W. Va. 126CSR13C, Policy 2330, Non-public School Accreditation (Policy 2330). Documentation of a minimum of two years of experience in the successful use of classroom management skills may be substituted for college/university credit if the experience was acquired in the public education classroom setting or a non-public school accredited through a WVBE-approved accreditation agency in accordance with Policy 2330 while the candidate was under direct supervision of a licensed public educator; or hold a valid Apprenticeship for Child Development Specialist certificate issued by the USDOL for a candidate who entered the program during or after Fall 2002; or hold a valid CDA certificate issued by the Council for Professional Recognition;

12.4.b.4. Human Growth and Development. A candidate must have successfully completed a minimum of three semester hours of college/university credit or its equivalent in human growth and development or psychology, or hold a valid Apprenticeship for Child Development Specialist Certificate issued by the USDOL for a candidate who entered the program during or after Fall 2002; or successful completion of the WVLearns Early Childhood Child Development course offered through the WVDE; or documented completion of the CTE ECCAT program of study; or hold a valid CDA Certificate issued by the Council for Professional Recognition;

12.4.b.5. Electives. A candidate must have successfully completed twelve semester hours of electives related to public instruction or its equivalent. One elective requirement may be met if the candidate holds a valid Apprenticeship for Child Development Specialist certificate issued by the USDOL for those who entered the program during/after Fall 2002; or may include completion of WVLearns coursework in early childhood literacy science of reading, and early childhood numeracy equivalent to six semester hours; or holds a valid CDA certificate issued by the Council for Professional Recognition; and,

12.4.b.6. Academic Assessment. A candidate must have met a rigorous standard of quality and demonstrate, through a formal state-approved academic assessment that includes, but is not limited to, a measurement of the candidate’s subject matter knowledge and ability to assist in instructing, reading, writing, and mathematics; as well as reading readiness, writing readiness, and mathematics readiness, as appropriate. Paraprofessionals must meet WVBE requirements for the Paraprofessional Certificate. Paraprofessionals who have passed the current state competency exam for aides, administered by a county board of education, and developed (W. Va. Code §18A-4-8e), is sufficient to meet this requirement; or,

12.4.b.7. Hold a valid out-of-state Professional Teaching Certificate or a valid or expired Professional Teaching Certificate that has been expired for five years or less or its equivalent; fulfills all coursework and, assessment criteria; and be recommended for a Permanent Paraprofessional Certificate by the employing county superintendent.

12.4.c. Certification for Grades PK through 3. Candidates who hold a Permanent Paraprofessional Certificate endorsed for PK-Adult are eligible to apply for a PK-3 endorsement to their Permanent Paraprofessional Certificate by completing the required WVDE-approved coursework that shall include early childhood literacy science of reading, and early childhood numeracy or WVDE-approved post-secondary coursework equivalent to three semester hours. A person holding a Permanent Paraprofessional Certificate without a PK-3 certification is prohibited from being employed in grade 1-3 classrooms.

12.5. Certificate for Paraprofessional Educators. Educational Sign Language Interpreter I and II.

12.5.a. Initial Paraprofessional Certificate Educational Sign Language Interpreter I.

12.5.a.1. General Criteria. An initial Paraprofessional Certificate Educational Sign Language Interpreter I may be issued to a candidate meeting the requirements in section 12.4.a and section 12.4.b; or, section 12.4.b.8 or its equivalent. A passing score on the Educational Interpreter Performance Assessment-Written Test (EIPA-WT) satisfies the general conditions for issuance if the candidate submits documentation that they meet the following criteria: completed three semester hours of reading; three semester hours each of special education, human growth and development or psychology, and social studies; and, nine semester hours of electives related to public instruction or its equivalent.

12.5.a.2. Conditions of Issuance. A candidate for an Initial Paraprofessional Certificate for Educational Sign Language Interpreter I is required to submit documentation that they meet one of the following criteria: had a minimum score of 3.00 on the Educational Interpreter Proficiency Assessment (EIPA); holds a valid National Association of the Deaf (NAD) Certification-Level III or higher; a valid Registry of Interpreters for the Deaf (RID) Certification; a valid National Interpreter Certification (NIC), or a valid state Quality Assurance Screening (QAS) Level II.

12.5.a.3. Validity Period. An Initial Paraprofessional Certificate for Educational Interpreter that is effective on or after January 1 may be issued as an Initial Paraprofessional Certificate Educational Interpreter valid until June 30 of the following school year. An Initial Paraprofessional Certificate Educational Interpreter may only be renewed twice.

12.5.a.4. Renewal of an Initial Paraprofessional Certificate for Educational Sign Language Interpreter I. A candidate for an initial Paraprofessional Certificate is required to provide documentation that they meet the following criteria: completion of a minimum of 15 clock hours of WVDE-approved professional learning activities; beginning July 1, 2021, completion of trauma-informed best practices; completion of the West Virginia Registry of Interpreters requirements; and, be recommended for an initial Paraprofessional Certificate for Educational Sign Language Interpreter I by the employing county superintendent; or, verification of assignment by the county superintendent if the candidate is performing contractual services .

12.5.a.5. Specific Conditions for Issuance. A candidate for a Permanent Paraprofessional Certificate for Educational Interpreter I is required to submit documentation that they meet one of the following criteria: had a minimum score of 3.5 on the EIPA; has a valid NAD Certification-Level IV or higher; a valid RID Certification; a valid NIC; or a valid state QAS Level III; achieved a passing score on the EIPA-Written Test for Content Knowledge; completion of the West Virginia Registry of Interpreters requirements; and, be recommended by the employing county superintendent; or verification of assignment by the county superintendent if the candidate is performing contractual services.

12.5.b. Permanent Paraprofessional Certificate for Educational Sign Language Interpreter II.

12.5.b.1. General Criteria. A Permanent Paraprofessional Certificate for Educational Sign Language Interpreter II may be issued to a candidate meeting the requirements in section 12.5.a.1 and section 12.5.b.2. A Permanent Paraprofessional Certificate-Educational Sign Language Interpreter II remains valid unless surrendered, suspended, or revoked.

12.5.b.2. Specific Conditions for Issuance. A candidate for the Permanent Paraprofessional Certificate for Educational Interpreter II is required to submit documentation that they meet the following criteria: had a minimum score of 3.5 on the EIPA; has a valid NAD Certification-Level IV or higher; a valid RID Certification; a valid NIC; or a valid state QAS Level III; and achieved a passing score on the EIPA-Written Test for Content Knowledge; completion of the West Virginia Registry of Interpreters requirements; and, be recommended for a Permanent Paraprofessional Certificate for Educational Interpreter II by the employing county superintendent.

12.5.c. Restricted Initial Paraprofessional Educational Sign Language Interpreter.

12.5.c.1. General Criteria. A candidate for a Restricted Initial Paraprofessional Educational Interpreter must meet all issuance requirements in sections 12.5.a.1 and 12.5.b.2 except for the minimum required assessment scores or certificate levels.

12.5.c.2. Conditions of Issuance. A candidate for a Restricted Initial Paraprofessional Educational Sign Language Interpreter is required to submit documentation that they meet the following criteria: has taken one of the required assessments a minimum of once; submitted a completed Professional Development Plan; agreed to attend all WVDE-approved trainings as required by WVDE; and, be recommended for a Restricted Initial Paraprofessional Educational Sign Language Interpreter Certificate by the employing county superintendent.

12.5.c.3. Validity Period. A Restricted Initial Paraprofessional Certificate for Educational Sign Language Interpreter is valid for one school year and may be renewed twice.

12.5.c.4. Renewal of the Restricted Paraprofessional Certificate for Educational Sign Language Interpreter. A candidate for renewal is required to submit documentation that they meet the following criteria: completed a minimum of 15 clock hours of WVDE-approved professional learning activities; beginning July 1, 2021, completion of trauma-informed best practices; submitted a completed Professional Development Plan; completion of the West Virginia Registry of Interpreters requirements; provided assessment scores annually demonstrating progress toward meeting the required scores established in section 12.5.b.2; or if pending receipt of assessment results, the recommendation of the designated WVDE official from the Office of Special Education may be used to demonstrate progress; and, be recommended for renewal of the Restricted Paraprofessional Certificate by the employing county superintendent.

12.6. Aide V. Special Education Assistant Teacher.

12.6.a. General Criteria. A Temporary Authorization for Special Education Assistant Teacher may be issued to a candidate who is currently employed as a special education assistant teacher that has a high school diploma, a WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE. A Special Education Assistant Teacher Temporary Authorization is valid for one school year and, may be renewed twice.

12.6.b. General Conditions for Issuance. A candidate for a Special Education Assistant Teacher Temporary Authorization is required to submit documentation that they meet the following criteria: has a minimum of a high school diploma, a WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE; and the candidate’s commitment agreement to complete WVDE-approved coursework.

12.6.c. Renewal of Special Education Assistant Teacher Temporary Authorization. A candidate for renewal is required to submit documentation that they meet the following criteria: completion of a minimum of one course of the required WVDE‑ approved coursework; and be recommended for renewal of the Special Education Assistant Teacher Temporary Authorization by the employing county superintendent.

12.7. Aide V. Special Education Assistant Teacher Permanent Authorization.

12.7.a. General Criteria. The Special Education Assistant Teacher Permanent Authorization remains valid unless surrendered, suspended, or revoked. A Special Education Assistant Teacher Permanent Authorization may be issued to a candidate that has a high school diploma, a WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE; and has completed the required WVDE-approved coursework.

12.8. Aide VI. Behavioral Support Assistant Teacher.

12.8.a. General Criteria. A Temporary Authorization for Behavioral Support Assistant Teacher may be issued to a candidate who is currently employed as a special education assistant teacher that has a high school diploma, a WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE. A Behavioral Support Assistant Teacher Temporary Authorization is valid for one school year and may be renewed once.

12.8.b. General Conditions for Issuance. A candidate for a Behavioral Support Assistant Teacher Temporary Authorization is required to submit documentation that they meet the following criteria: has a minimum of a high school diploma, a WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE; and, the candidate’s commitment agreement to complete WVDE-approved coursework.

12.8.c. Renewal of Behavioral Support Assistant Teacher Temporary Authorization. A candidate applying for renewal is required to submit documentation that they meet the following requirements: completion of the required WVDE‑approved coursework; and be recommended for renewal of the Behavioral Support Assistant Teacher Temporary Authorization by the employing county superintendent.

12.9. Aide VI. Behavioral Support Assistant Teacher Permanent Authorization.

12.9.a. General Criteria. The Behavioral Support Assistant Teacher Permanent Authorization remain valid unless surrendered, suspended, or revoked. A Behavioral Support Assistant Teacher Permanent Authorization may be issued to a candidate that has a high school diploma, a WVBE-approved high school equivalent, or a degree, if applicable, through an accredited IHE; and, has completed six semester hours of college credit at an institution of higher; or is employed as an aide in a special education program and has a minimum of a year’s experience in special education; and the required WVDE-approved coursework.

W. Va. Code R. § 126-136-13 Grade Level Modification

13.1. Grade Level Modification. Grade level modifications shall only be approved in accordance with the Grade Level Modification Eligible Areas specified in Appendix A or Appendix B.

W. Va. Code R. § 126-136-14 Waivers and Extensions

14.1. Substitute waivers may be approved for a county superintendent who is unable to fill a long‑term substitute position with a person licensed in the area of assignment through a waiver request from the State Superintendent. A written waiver request must include the efforts to employ a fully qualified candidate and copies of the job postings showing two different posting periods. In instances where the employee of record will, or may, return to the position, submission of the job postings is not required. The State Superintendent may approve the waiver if the circumstances warrant approval. However, the county superintendent is required to continue seeking the employment of an educator with the appropriate endorsement(s) to fill the position at a time determined to be in the best interest of the students.

14.2. Severe Substitute Shortage. Under extenuating circumstances, a county superintendent may request a waiver of the requirements in section 11.10.a.2.A, section 11.10.a.4.a, or section 11.10.b.2.A that require 18 clock hours of training to be completed prior to the issuance of a substitute permit. The waiver request must document the shortage and include verification of six clock hours of training. The initial six clock hours of training must include a classroom management component; and an overview of school law that includes, but is not limited to, reporting requirements for suspected child abuse; and beginning July 1, 2021, completion of trauma-informed best practices. Classroom observation is prohibited from being included to meet the clock hour requirement. The remaining 12 clock hours of training must be completed during the first semester of employment and in accordance with section 11.9.

14.3. Dual Credit Contracted Services Exemption. An instructional employee of an accredited IHE who is not regularly employed for instructional purposes in a public school in this State (W. Va. Code §18-1-1) and is providing a dual credit course is exempt from the requirement of holding the same licensure required for an educator employed by a county board of education.

14.4. Extension of Professional Certificates for Extenuating Circumstances. A county superintendent may request, in writing to the State Superintendent, an extension of a Professional Certificate for an employee, including the county superintendent, who meets one of the circumstances identified in section 14.5.

14.5. Issuance and Extension of the Full-Time Permit/Out-of-Field Authorization of Extenuating Circumstances. A county superintendent may request, in writing to the State Superintendent, an extension of the First-Class/Full-Time Permit/Out-of-Field Authorization for an employee, including the county superintendent, who meets one of the circumstances established in section 14.5.a. The State Superintendent may approve any request that does not extend the employee’s permit or authorization beyond one school year more than once.

14.5.a. Extenuating Circumstances qualifying a First-Class/Full-Time Permit/Out-of-Field Authorization for issuance or extension.

14.5.a.1. Unavailability of Coursework. The county superintendent shall submit documentation from the designated official at the IHE through which the candidate is completing the state-approved program verifying that none of the required coursework was available during the school year;

14.5.a.2. Illness/Death. The county superintendent shall submit the candidate’s explanation of how the candidate’s major illness or death of an immediate family member prevented them from completing the required coursework; or,

14.5.a.3. Hardship. The county superintendent shall submit the candidate’s explanation of how another major hardship prevented the candidate from completing the required coursework.

W. Va. Code R. § 126-136-15 County-Based Alternative Route to Certification

15.1. General Criteria. A candidate may not enroll in a county-based alternative program without first being issued an alternative teaching certificate in accordance with Policy 5901 and W. Va. Code §§18A-3-1a through 18A-3-1i; and must complete a West Virginia State Police and FBI criminal history record check as required by section 9 and W. Va. Code §18A-3-10.

15.2. Conditions of Issuance. An Alternative Teaching Certificate shall only be issued in areas of shortage included in their WVBE-approved alternative certification program. An Alternative Teaching Certificate shall be issued initially for one year and may only be renewed twice. An application received after January 1 is valid through the following school year with an expiration date of June 30.

15.2.a. General Education Teacher.

15.2.a.1. Conditions of Issuance. An Alternative Certificate may be issued to a candidate who meets the criteria specified in Policy 5901; and,

15.2.a.1.A. Completes a West Virginia State Police and FBI criminal history record check and receives approval by the WVDE as required by section 9.2 and W. Va. Code §18A-3-10.

15.2.b. Special Education Teacher.

15.2.b.1. Conditions of Issuance. An Alternative Certificate may be issued to a candidate who meets the criteria established in Policy 5901.

15.2.c. American Sign Language (ASL) Teacher.

15.2.c.1. General Criteria. In accordance with W. Va. Code §§18A-3-1a through 18A-3-1i, an individual who qualifies to enroll in an alternative preparation program for ASL must meet the criteria established in Policy 5901.

15.3. Renewal of Alternative Teaching Certificate requires the candidate to meet criteria established in Policy 5901 and receive the recommendation of the employing county superintendent.

15.4. Conversion of the Alternative Teaching Certificate to a Provisional Alternative Certificate. A candidate applying to convert their Alternative Teaching Certificate to a Provisional Alternative Certificate is required to submit documentation that they meet the following criteria: successful completion of a WVBE-approved program for alternative certification in accordance with Policy 5901; be recommended by the employing county superintendent; have a minimum overall cumulative 2.50 GPA; and, have the minimum proficiency scores for all WVBE-required competency exam(s) as applicable to the endorsement(s) being sought for general education and/or special education for all endorsements held and for professional education as specified in the directory or meet a qualifying exemption established in section 10.

15.5. Renewal of a Provisional Alternative Certificate requires the candidate to meet all requirements established in section 10.1.d and may be renewed twice.

15.6. A Provisional Alternative Certificate may be converted to an Initial Professional Teaching Certificate if it meets the requirements established in section 10.1.d.5.

W. Va. Code R. § 126-136-16 Out-of-State Candidates

16.1. Interstate Agreement for Qualifications of Educational Personnel. West Virginia is a member of the NASDTEC that promotes the mobility of educators across state and national borders utilizing consistent standards for certification for education personnel. Although West Virginia participates in this interstate compact agreement, specific requirements for issuing certifications to out-of-state candidates are established in section 16.2 and section 16.3 in accordance with W. Va. Code §18A-3-1(b). W. Va. Code §18A‑3-2a(1) provides for the certification of a candidate meeting equivalent standards at IHEs in other states who has passed the appropriate WVBE-approved basic skills and subject-matter tests; has completed three years of successful full-time experience in a public school within the last seven years in the area the licensure is being sought; or, has completed the WVBE-approved alternative route to certification established in section 15.

16.2. Recognition of Out-of-State Certificates. A Professional Teaching, Administrative, or Student Support Certificate for employment in a West Virginia pubic school may be issued to an eligible out-of-state candidate that submits documentation that they meet the following criteria: holds a valid out‑of‑state certificate equivalent to the Professional Teaching, Administrative, or Professional Certificate of eligibility issued by another state that meets all of the requirements of that state for full certification except employment; has graduated from an approved teacher education program at an accredited IHE or EPP approved in the licensing state; and, passes a criminal history record check conducted by the West Virginia State Police and the FBI as required by W. Va. Code §18A-3-10 and section 9.2 (for individuals who hold a valid Out-of-State certificate in the area of CTE, refer to the requirements for the CTE Certificate in section 10). Eligible candidates who meet the requirements established in section 10.1.d.5, except coursework or 10.1.e, may be issued an initial Professional Teaching Certificate.

16.2.a. Exception. A candidate licensed in another state may use five years of full-time teaching experience in one or more area(s) of endorsement on the certificate to meet licensing requirements. A candidate who successfully completed a nationally normed TPA adopted by the licensing state may be exempt from the TPA requirement for conversion established in section 10.1.b.5.A.

16.3. Application for West Virginia Certification with a Valid Out-of-State Certificate. A candidate is required to submit a copy of their valid out-of-state certificate with the appropriate application to ensure accurate interpretation of the out-of-state certificate. The WVDE may issue to an out-of-state candidate any endorsement included on their valid out-of-state certificate that is currently offered by the State of West Virginia. If the valid out-of-state certificate includes any endorsement(s) not currently offered by this state, the candidate may secure official documentation from the state in which the valid certification was issued that identifies those endorsement areas, if any, in which the candidate would be certified to teach in the issuing state. This documentation may be utilized to meet the criteria required for certification to teach in the endorsement areas for which West Virginia currently requires certification.

16.3.a. Exception. Speech Language Pathologists who are licensed in a state where the agency or licensing board responsible for issuing certificates for employment in the public schools of that state no longer requires Speech Language Pathologists licensure may apply for a West Virginia Student Support Certificate if the candidate submits documentation that they meet the following criteria: holds a certificate recognized by the issuing state’s licensing board or agency authorizing them to work in a public school of that state; and, the requirements required in section 10.

16.4. Expiration Dates of Certification Granted to Candidates Based on Valid, Out-of-State Certification.

16.4.a. A candidate applying for an initial West Virginia Professional Teaching Certificate with a valid out-of-state teacher certificate after October 1, 2024, may be issued a Non-Transferrable Professional Teaching Certificate valid for three years. The three-year, Non-Transferrable Professional Teaching Certificate is renewable if the requirements established in section 10 have been meet. A candidate who successfully completes a WVBE-approved Teacher Performance Assessment in accordance with Policy 5100 may convert the certificate to a transferable Professional Teaching Certificate upon application. A converted teaching certificate expires in the same year as the original non-transferrable certificate.

16.4.a.1. Exception. A candidate who is licensed in another state may use five years of full-time teaching experience in one or more area(s) of endorsement on the certificate or who successfully completed a nationally-normed TPA adopted by the licensing state; or who previously completed five years of full-time teaching experience with a minimum of one year in a West Virginia public school or accredited non-public school in accordance with Policy 2330 may be issued a transferable teaching certificate.

16.4.b. Permanent Professional Teaching Certificate. If a valid out-of-state certificate is listed as permanent by the issuing state and the candidate submits documentation that they have a minimum of five years of full-time experience in the endorsements area(s) included on the valid certificate, the candidate is eligible for a West Virginia Permanent Professional Teaching Certificate upon satisfactory completion of the licensure application process.

16.4.c. Provisional Administrative Certificate. A candidate applying for an Administrative Certificate endorsed for school principal, supervisor of instruction, and/or superintendent based on an accredited educational leadership program, or a valid out-of-state administrative certificate is eligible for a renewable Provisional Administrative Certificate valid for five years. Upon employment as an administrator in a West Virginia public school and completion of the ELI required by W. Va. Code §18A‑3A-3, a candidate is eligible for a Professional Administrative Certificate valid for five years. An individual holding a Provisional Administrative Certificate may be employed as an administrator in a West Virginia public school but is not permitted to perform evaluations until the candidate holds an initial Administrative Certification with the completion of the ELI.

16.4.d. Permanent Administrative Certificate. A candidate who holds a Permanent Administrative Certification on a valid out-of-state certification is eligible for a West Virginia Provisional Administrative Certificate upon employment in an administrative role; completion of the comprehensive ELI; and, verification of five years of experience acquired under a valid certificate.

16.5. Issuance of a West Virginia Professional Certificate based on a valid, out-of-state certificate. A candidate holding a valid out-of-state certificate may only use the out-of-state certificate once for the issuance of a West Virginia certificate.

16.6. Military Spouse. A Temporary Teaching Certificate, or eligible permit for an armed forces spouse, may be issued to a candidate that submits documentation that they meet the following criteria: is married to a member of the armed forces of the United States who is on active duty; or, holds a current unencumbered teaching certificate, license or permit issued by an equivalent credentialing entity in another state, territory, or protectorate of the United States.

16.6.a. Conditions of issuance. A candidate applying for licensure is required to submit documentation that they meet the following criteria: their spouse is assigned to a duty station in West Virginia or at a military installation within 50 air miles of a West Virginia border; has been offered employment in a West Virginia public school; holds a minimum of a four-year degree from an accredited institution; holds a valid credential from another state; and, passes a West Virginia State Police and FBI criminal history record check (W. Va. Code §18A-3-10). The candidate may be issued an equivalent credential if one exists.

16.6.b. Validity Period. A Temporary Professional Teaching Certificate or eligible permit issued to a military spouse shall be valid in accordance with the allowable validity period for the issued credential and adherence to the renewal requirements of the specific credential as required by the applicable section of this policy.

W. Va. Code R. § 126-136-17 Non-United States Citizen

17.1. A professional, initial, or eligible certificate may be issued to a non-citizen of the United States who holds a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS).

17.2. Permit for Non-United States Citizen.

17.2.a. General Criteria. W. Va. Code §18A-3-2a, An Exchange/Visiting teacher who is a non-United States citizen and participates in a program or exchange recognized and/or approved by the WVDE may be issued a Non-United States Citizen Permit.

17.2.b. Conditions of issuance. An Eligible candidate applying for a Non-United States Citizen must hold a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS) (W. Va. Code §18A-3-1), and submit documentation that they meet the following criteria:

17.2.b.1. had a foreign credential evaluation by a WVDE-approved foreign credential evaluation agency verifying that the candidate has completed the equivalent of an approved educational personnel preparation program in the United States in a specialization offered in West Virginia, with or without the required tests in pre‑professional skills and Content and/or Professional Education; or holds the necessary credentials in another country to teach in the public schools of that country; has completed a degree equivalent to the required degree level in the United States; and, has earned an overall GPA equivalent to a 2.50 in the United States, if applicable.

17.2.c. Renewal of the Permit for Non-United States Citizen. A candidate applying for renewal of a Permit for Non-United States Citizen is required to submit documentation that they meet the requirements established in section 10.4.a.1 and the following criteria:

17.2.c.1. A Candidate must hold a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS) or appropriate visa (W. Va. Code §18A-3-1).

17.2.c.2. After becoming a United States citizen or meeting the conditions established in section 10, a candidate is eligible to apply for an Initial Professional Teaching Certificate.

17.2.d. Validity. The Permit for Non-United States Citizen is valid for one school year and may be renewed once.

W. Va. Code R. § 126-136-18 Appropriate Assignments According to License

18.1. Assignment of an Educator. An educator who is employed within the public schools of this State shall hold a valid certificate for the specialization(s) and grade level(s) to which they are assigned (W. Va. Code §18A-3-2).

18.2. Assignment One Grade Above or Below. Effective July 1, 1998, professional personnel newly assigned to a position will not be allowed to teach one grade level above or below the grade level(s) reflected on their certificate unless the educator was granted a Permanent Authorization under a previous policy as per Appendix B. The Permanent Authorization shall be valid in any county in West Virginia.

18.3. Adult Programs. An educator working in a program for adults must hold a valid certification for the area(s) of specialization.

18.4. Home/Hospital Instruction. An educator providing temporary home teaching or visiting teacher services, whether regular and/or special education, must hold a Professional Teaching Certificate with an endorsement appropriate to the grade level(s) of instruction. Home/hospital instruction for an eligible student with an exceptionality requires that the special education teacher who is implementing the student’s special education services in an out-of-school environment placement must hold a Professional Teaching Certificate with an endorsement in the student’s primary exceptionality.

18.5. Curriculum Enrichment. An individual may provide, by reason of educational or practical background and employment records, curriculum enrichment on a part-time or temporary basis in highly specialized areas. These program areas include, but are not limited to, performing arts, professions, and CTE specializations. A county board of education may utilize these individuals in accordance with a locally adopted policy provided they do not replace a licensed educator.

18.6. Assignment of Elementary or Multi-subjects Teachers. An educator who holds a valid West Virginia Professional Teaching Certificate endorsed for Multi-subjects K-8 may be assigned to teach in departmentalized settings in grades six through eight without holding the content specialization for the educator’s assignment for English, General Science, and Social Studies. An educator assigned to teach mathematics in grades seven and/or eight must hold the Middle School Mathematics Authorization.

18.7. Assignment of Long-Term Substitutes. A person who holds a Long-Term Substitute Permit may serve as a short-term substitute in any teaching area or in a position for more than 30 consecutive instructional days in the endorsement area reflected on the Long-Term Substitute Permit.

18.8. Assignment of Short-Term Substitutes. A substitute who fills a position for 30 consecutive instructional days or less (short-term) may substitute in a specialization not reflected on their certificate. Individuals who hold a Clinical Experience Permit, a Restricted Clinical Experience Permit, or a Long-Term Year-Long Residency Permit may be employed as a substitute once they complete the necessary requirements in accordance with Policy 5100. A retired CTE instructor holding a valid CTE Certificate may be employed as a Short-Term Substitute in their program of study.

18.9. Assignment of Speech Language Pathologist. An educator licensed as a speech/language pathologist grade K-12 is authorized to provide services to students in grade level(s) pre-k-Adult, provided the educator applies and is issued an Authorization for grades pre-k-Adult.

18.10. Assignment of English as a Second Language Teacher. An English as a Second Language (ESL) teacher is authorized to: deliver the instructional support to a student with English Learners (EL), whose assessment indicates the instructional goals and objectives can be delivered in a regular education program with support for the ESL teacher; provide support to the regular classroom teacher by assisting in the modification of the curriculum, methods, and material to accommodate the EL student who is included in the regular education program; or, deliver the state-approved content standards in the general education program or alternative language program to students with severely limited English proficiency when the student’s assessment indicates the student would benefit by a placement that provides one-on-one and/or small group instruction, and modification of the curriculum, methods, materials and techniques or concentrate on the development of the EL student’s reading, writing, listening, and speaking skills. When an ESL teacher delivers the state-approved content standards in the general education program, the educator must collaborate with the appropriate teachers to ensure that the EL student is instructed using the state-approved content standards in the general education program.

18.11. Assignment of School Nutrition Director. Beginning with assignments made for the 2002-2003 school year, an individual assigned as a School Nutrition Director must hold a Temporary Authorization endorsed for School Nutrition Director.

18.12. Assignment of Adult Education Teachers. Persons assigned as an Adult (Basic) Education Teacher must hold a valid Adult Certificate endorsed for Adult Basic Education or a Professional Teaching Certificate, or its equivalent.

18.13. Assignment of Speech Assistant. A Speech Assistant shall conduct only specific components of a speech and language delivery program under the direction and guidance of a certified SLP. A Speech Assistant, with the appropriate authorization, may perform tasks that are within their scope of responsibilities that they have the training and expertise to perform as determined by the WVDE Office of Special Education. A Speech Assistant may be employed only when a fully West Virginia-certified SLP did not apply for the vacant position.

18.14. Assignment of Preschool Special Needs Teachers. An educator who holds a certificate endorsed for preschool special needs, preschool handicapped, or developmentally delayed reflecting a pre-k-Kindergarten (K) programmatic level may be assigned as the teacher of record in a regular pre-k classroom but may not be assigned as the teacher of record in a kindergarten classroom (W. Va. Code §18‑20‑1a).

18.15. Assignment of Special Education Teachers. A teacher assigned to serve students with exceptionalities in intellectual disabilities, emotional/behavior disorders, specific learning disabilities, vision impaired, or deaf and hard of hearing in grades 7-12 or 5-12 may be assigned to serve students in grades 7-Adult or 5-Adult. A teacher assigned to serve students with exceptionalities in intellectual disabilities, emotional/behavior disorders, and/or specific learning disabilities in grades 1-12 or K-12 may be assigned to serve students in grades K-Adult. A teacher assigned to serve students with exceptionalities in vision impaired or deaf and hard of hearing in grades 1-12 or K-12 may be assigned to serve students in grades pre-k-Adult. All programmatic level modifications included in this section require the teacher to apply for, and to be issued, the appropriate licensure from the WVDE.

18.16. Assignment of School Nurse. A School Nurse assigned to serve students in grades 1-12 may be assigned to serve students in grades pre-k-Adult provided the nurse applies for and is issued the appropriate licensure from the WVDE. The school health service assignments/duties for the Full ‑Time/First-Class Permit, Professional Student Support Certificate, and Authorization for School Nurse, or Temporary Nurse Certificate, or Nurse Certificate may comprise the full scope of responsibilities (W. Va. Code §18-5-22) and W. Va. 126CSR25A, Policy 2422.7, Standards for Basic and Specialized Health Care Procedures (Policy 2422.7).

18.16.a. A School Nurse holding a Long-Term Substitute Permit is prohibited from performing substitute teaching duties in any area other than School Nurse unless the requirements in section 11.10.b have been satisfied.

18.17. Assignment to Positions for Which No Specific Endorsement is Required. Positions in instructional areas including, but not limited to, theatre, dance, and computer science does not require a specific endorsement referenced in the West Virginia Education Information System (WVEIS) course code manual; however, the position must be filled by a person holding a Professional Teaching Certificate for the appropriate programmatic level.

18.18. Assignment of Technology Integration Specialist. An individual assigned as a Technology Integration Specialist must hold a Technology Integration Specialist Advanced Credential or a Temporary Authorization endorsed for Technology Integration Specialist.

18.19. Assignment of an Athletic Coach. An individual assigned as a paid or volunteer Athletic Coach must hold a valid Coaching Authorization; a Professional Certificate (Teaching, Student Support, Administrative); Long-Term or Short-Term Substitute Permit in a teaching area; or a JROTC Authorization, or a CTE certificate. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.

18.20. Assignment of Athletic Trainer. An individual assigned in the role of an athletic trainer must hold a valid Athletic Training Authorization, be certified in athletic training through the Board of Certification, Inc, and registered with the West Virginia Board of Physical Therapy. An individual serving in the role of an athletic trainer is prohibited from being assigned simultaneous coaching responsibilities in the same sport. It is the responsibility of the individual holding the Athletic Training Authorization to determine whether or not an injured student athlete participates in a game or practice. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.

18.21. Assignment of Authorized Limited Sports Trainer. An individual assigned in the role of a Limited Sports Trainer must hold a valid Limited Sports Training Authorization. An individual serving in the role of Limited Sports Trainer is prohibited from being assigned simultaneous coaching responsibilities in the same sport. It is the responsibility of the individual serving in the role of a Limited Sports Trainer to determine whether or not an injured student athlete participates in a game or practice. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.

18.22. Assignment of a Temporary Coach or a Temporary Trainer. In the event the assigned Athletic Coach or Athletic Trainer or Limited Sports Trainer cannot be present, the county may assign once during the coaching/Training assignment season for that sport/activity, an individual with a medical background that includes, but is not limited to, a chiropractor, physical therapist, RN, licensed practical nurse, physician’s assistant, paramedic, occupational therapist, emergency medical technician, or nurse practitioner to fulfil the duties of the Coach or Training role for not more than three consecutive days. A county board of education is prohibited from employing a candidate in good faith on the anticipation that they are eligible for a certificate.

18.23. Assignment of CTE Director. Beginning with assignments made for the 2022-2023 school year, an individual assigned as a CTE Director must hold the authorization endorsed for a CTE Administrator.

W. Va. Code R. § 126-136-19 Special Education

19.1. The Gifted Education specialization shall be issued to a candidate holding a Professional Teaching Certificate. The endorsement shall be issued for grades 1-12 grade levels. A candidate previously issued a Gifted Education endorsement for only those grade levels that appeared on their General Education or CTE Certificate may apply for a 1-12 grade level endorsement.

19.2. Consultative Special Education Teacher. A special education teacher may serve in a consultative role to content-certified and general education teachers providing direct initial instruction to special education students. A Consultative Special Education Teacher must meet state certification requirements with the appropriate endorsement in special education in the served student’s primary exceptionality.

19.2.a. Duties of Consultative Special Education Teacher. The duties of a Consultative Special Education Teacher include, but are not limited to, reviewing and re-teaching prerequisite skills; organizing previously introduced material; reinforcing previously introduced material; adapting curricula for easier access; assisting with long-term assignments; targeting learning strategies to ensure content knowledge acquisition; and modifying assessment(s) in accordance with an IEP. A Consultative Special Education Teacher is not the teacher of record for students to whom they are providing services.

19.3. Alternative Option for Additional Endorsement in Special Education.

19.3.a. Additional Endorsement in Autism. A candidate who holds a Professional Teaching Certificate endorsed in Emotional/Behavior Disorders, Multi-Categorical Special Education, Mental Impairment (Mild/Moderate), Severe Disabilities, Pre-School Special Needs, or their equivalent in accordance with this policy, may apply and be issued an additional endorsement in Autism if the candidate has successfully completed six semester hours of coursework with a letter grade of “B” or above in Autism from an accredited IHE in accordance with section 19.3.a.1.

19.3.a.1. Field Experience. A minimum of 50 percent of three of the six mandatory semester hours of coursework must be comprised of field-based experiences or the candidate must provide written verification of a minimum of 30 hours of field-based experiences serving students with Autism.

19.3.a.2. Restricted Content Endorsement. A candidate applying for, or holding, a First‑Class/Full-Time Permit or Out-of-Field Authorization endorsed in Emotional/Behavior Disorders, Multi‑Categorical Special Education, Mental Impairment (Mild/Moderate), Severe Disabilities, Pre‑School Special Needs, or their equivalent in accordance with this policy may be issued a restricted Content Endorsement in Autism if they are enrolled in, or have completed, the mandatory six semester hours of coursework in accordance with section 19.3.a; and, submit verification of holding a professional teaching certificate endorsed for one of the areas identified in this section and of the candidate’s enrollment in six semester hours of mandatory coursework for Autism in accordance with section 19.3.a.

19.3.a.3. Validity Period. The Restricted Content Endorsement for Autism is valid for one year and may be renewed once with verification of a minimum of three completed hours of the Autism coursework with a 3.00/B GPA in each course from an accredited IHE that offers Autism-specific coursework.

W. Va. Code R. § 126-136-20 Athletic Training and Limited Sports Training

20.1. General Requirements. A county board of education is required to employ an individual as a registered athletic Trainer(s), or an individual(s) with a limited sports training authorization, to perform duties during football practices and games for grades 9, 10, 11, and 12. A school serving students in grades 9, 10, 11, and 12 that does not have an athletic trainer or an individual with a limited sports training authorization, is prohibited from participating in football practices or games. A candidate applying for an Athletic Training or Limited Sports Training Authorization is required to submit documentation that they meet the applicable general requirements for licensure in accordance with section 9. A county board of education is prohibited from employing a candidate for an Athletic Trainer or Limited Sports Trainer in good faith on the anticipation that the candidate is eligible for a certificate. An Athletic Training or Limited Sports Training Authorization is effective for the employment start date provided on the candidate’s application or the date that the application was received by the WVDE, whichever occurs last.

20.2. Athletic Training Authorization. A candidate applying for an Athletic Training Authorization is required to submit documentation that they are certified as in athletic training through the Board of Certification, Inc. for Athletic Trainings and registered with the West Virginia Board of Physical Therapy. An Athletic Training Authorization may be renewed annually upon application and submitting documentation that the candidate has a valid West Virginia Board of Physical Therapy registration and is recommended for reissuance by the employing county superintendent. Additionally, an individual employed for the purpose of athletic trainings shall attend the required athletic trainer workshop provided by the WVSSAC.

20.3. Limited Sports Training Authorization. If a county board of education cannot employ an individual in athletic training, they may employ an individual with a medical background including, but not limited to, a chiropractor, a physical therapist, an RN, a licensed practical nurse, a physician, a physician’s assistant, a paramedic, an occupational therapist, an emergency medical technician, or a nurse practitioner for a Limited Sports Training Authorization. An individual employed under this section shall complete the requirements established for a Limited Sports Training Authorization and submit documentation that they hold a high school diploma or a state‑approved high school equivalent.

20.3.a. A county board of education is required to post a position for Athletic Trainer(s) with a closing date prior to the WVSSAC season start date for fall sports. If an authorized or authorization-eligible athletic trainer does not apply for the position, the county board may employ an individual from the list of health care professionals in accordance with section 20.3. The county board of education, along with the candidate, must complete the appropriate WVDE application for licensure with documentation that the candidate meets the following criteria: holds a high school diploma or state-approved high school equivalent; holds a valid health care provider license; and, has completed the athletic training workshop required and provided by the WVSSAC; or assurance that the candidate will attend the athletic trainer workshop pursuant to the WVSSAC guidelines.

20.3.b. Renewal of a Limited Sports Training Authorization. A Limited Sports Training Authorization may be reissued annually upon application submitted with documentation that the candidate holds a valid health care provider license and is recommended for reissuance by the employing county superintendent.

20.4. Student Support Certificate for Athletic Trainer. Student Support Certificates for Athletic Trainer issued prior to July 1, 2011, may be renewed in accordance with the renewal requirements for a Professional Student Support Certificate in accordance with section 10. Initial Professional Student Support Certificates for Athletic Trainer will not be issued after July 1, 2011.

20.5. A county superintendent aware of any act(s) on the part of any individual licensed athletic trainer or limited sports trainer for which a certificate may be revoked is required to report the information, including all facts and evidence, to the State Superintendent for any action the State Superintendent deems appropriate. Additionally, the county superintendent is required to report any act of misconduct committed by a licensed athletic trainer to the West Virginia Board of Physical Therapy and any other appropriate licensing entities.

W. Va. Code R. § 126-136-21 Additional Endorsement(s) for Existing Certificate

21.1. Criteria for Additional Endorsement(s) to an Existing Certificate. A candidate holding a West Virginia Professional Certificate may be issued an additional endorsement if they submit documentation that they meet the following criteria: had a minimum of a 2.50 GPA in the area(s) for which they are applying for an additional endorsement; and the requirements established in Policy 5100, if the candidate’s application for an additional endorsement is based on program completion at a West Virginia EPP; or, be recommended by an eligible out-of-state program if the candidate completed an out-of-state program; and the testing requirements for the new content specialization if a test is available. A candidate holding an endorsement in programmatic level Pre-K-Pre-K or Pre-K-K must meet the minimum proficiency levels for the current professional education assessment or have a minimum of five years full-time teaching experience in a West Virginia public school under that license.

21.2. For issuance of an Additional Endorsement Based on Content Proficiency. A candidate holding a valid West Virginia Professional Teaching Certificate, excluding the Provisional Alternative Certificate, may apply for an additional endorsement in an additional area of certification by submitting documentation that they meet the following criteria: had a passing score on the appropriate content area test effective in current policy or was in the effective policy when the test was taken and has not been removed from policy for over five years that is required of other teachers for certification in that area. The exemptions established in section 10.1.e.2.A.1 are not applicable for the additional endorsement based on content proficiency request.

21.3. Exceptions. An additional endorsement based on content proficiency in accordance with section 21.2 may not be issued for a Professional Student Support Certificate, Professional Administrative Certificate, or any Alternative Provisional Certificate.

21.4. For issuance of an Additional Endorsement for Driver Education. A candidate applying for an additional endorsement for Driver Education is required to submit documentation that they meet the following criteria:

21.4. a. compliance with the requirements established in section 10;

21.4.b. completion of an approved preparation program in driver education;

21.4.c. holds a valid West Virginia Professional Certificate;

21.4.d. has consistently held a valid motor vehicle operator’s license for the past five years;

21.4.e. has a satisfactory driving record verified by a certified copy of the candidate’s driving record from the DMV in each state where the candidate was licensed during the past five years if a driving record has not been submitted to the WVDE within the previous 30 days;

21.4.f. has not accumulated nine or more points on the candidate’s driving record from a DMV during the past five years; and,

21.4.g. has not been convicted and/or the subject of a license suspension or revocation by a DMV for a charge of operating a motor vehicle while under the influence of alcohol, controlled substance, any other drugs or the combination thereof, and has not operated a motor vehicle while under the influence of the same as established by a preponderance of evidence including, but not limited to, breath test results, blood test results, or field sobriety test results, notwithstanding the lack of a conviction or a DMV suspension or revocation. A candidate holding this credential shall report any moving violations, including a DUI, to the WVDE within 7 days of the incident.

21.4.h. Waivers are not applicable to section 21.4.

21.5. Additional CTE endorsements shall be issued in accordance with the West Virginia CTE Endorsement and Testing Manual and section 10.5.

21.6. An Additional Endorsement in ASL may be issued to a candidate holding a Professional Teaching Certificate if the candidate submits documentation that they had a qualifying score on the WVBE-required exam in accordance with the Licensure Testing Directory.

21.7. An Additional Endorsement in Chinese. An educator holding a West Virginia Professional Certificate endorsed in a programmatic level and area specified in Appendix A may apply for an additional endorsement in Chinese if the candidate submits documentation that they have completed an approved program in accordance with section 21.1, or a proficiency-based Chinese language learning and certificate program for teachers; and, had a minimum score of Level V on the Hanyu Shuiping Kaoshi proficiency test.

21.8. An Additional Endorsement to a valid West Virginia Professional Administrative Certificate may be issued to a candidate holding a valid West Virginia Professional Administrative Certificate if the candidate submits documentation that they meet the following criteria: completion of an approved program for either Principal, Superintendent, or Supervisor of General Instruction; achieved passing scores for the current WVBE-required exam in accordance with WVBE policy; and, is recommended for the additional endorsement by the institution where the program was completed. A candidate who passed a previously required WVBE exam for Administration may use a minimum of five years of administrative experience in an endorsement area on their Professional Administrative Certificate to satisfy the examination requirement.

21.9. An Additional Endorsement for Superintendent may be issued to a candidate holding a valid West Virginia Professional Administrative Certificate if the candidate submits documentation that they meet the following criteria: has either completed an approved program for a Superintendent endorsement with the recommendation of the institution, or completed the WVDE New and Aspiring Superintendent Leadership Training; and, verification of a minimum of 10 years of administrative experience at the county or school level. A candidate for an additional endorsement for Superintendent is required to have passing scores on the current WVBE‑required exams required for the Administrative Certificate or passing scores on file from when their Administrative Certificate was first issued. Any work experience shall include full-time assignment(s) in a public school system or managing a program related to the public school system where the candidate was a school, district, or state-level administrator where duties required supervision and evaluation of employees.

W. Va. Code R. § 126-136-22 Salary Classifications for Educators

22.1. State Minimum Salary (W. Va. Code §18A-4-2). The intent of advanced salary classifications is to recognize educators for completing college/university coursework which will contribute to the improvement of instruction or other services in the public schools.

22.2. Advanced Salary Classification for Teaching, Student Support, or Administrative Certificates or equivalent. The advanced salary classifications recognized by the WVDE are BA+15, MA, MA+15, MA+30, MA+45 and doctorate. These classifications are defined in section 4.

22.2.a. Coursework. The college/university coursework utilized for advanced salary purposes must be completed at an accredited IHE except coursework completed for a CTE advanced salary classification recognized on a CTE Certificate must have been completed at an accredited IHE. Equivalent certificates are defined in section 4. For purposes of advance salary classification, a foreign credential evaluation report shall include the number of equivalent semester hours completed.

22.2.b. Graduate coursework completed after July 1, 1994, utilized for advance salary purposes shall be: related to the public education program in accordance with section 9.10; included in a degree program in the field of education; content and/or professional education coursework related to the current licensure; content and/or professional education coursework required for an additional endorsement held; professional learning/special topics coursework approved by the WVDE; coursework identified in the personnel evaluation process; coursework related to technology for education; or, coursework related to the mission and goals of the WVBE. Undergraduate level coursework for advanced salary purposes shall be related to public education, as defined in section 4.63.

22.2.b.1. Exception. Graduate coursework for Chief School Business Official and Professional Accountant must be related to the endorsement area on the Professional School/County Business Official certificate.

22.2.c. Duplicate credit is not permitted for advanced salary purposes.

22.2.d. Master’s Degree Salary Classification. An individual holding a professional certificate or its equivalent and an MA based on less than 30 semester hours of credit may qualify for the MA+15, MA+30, MA+45 advanced salary classification by completing 15, 30, or 45 semester hours of college/university credit respectively, beyond the degree requirements. All college/university coursework hours verified as completed toward the MA shall be included on the official college/university transcript, or the foreign credential evaluation.

22.2.e. Permits and Salary Class. An individual employed on a permit in a specialization which requires completion of an MA program for the Initial Professional Student Support, Administrative Certificate, or its equivalent is eligible for a BA+15 salary classification upon completion of 15 semester hours of coursework leading to the MA in the specialization the permit is being issued. Advanced degree level recognition is prohibited for permits or authorizations issued (W. Va. Code §18A-4-1). Permits and authorizations may only be granted the degree required for its issuance. Equivalent certificates are treated as professional equivalents and eligible for an advanced salary classification.

22.2.e.1. Exception for Degree Recognition. An individual holding a Juris Doctor (JD) or Education Specialist (Ed.S) advanced degree equivalent to a master’s degree or higher, which is not recognized by the WVBE, may be eligible for the degree level of MA without salary classification to satisfy the degree requirements for the purposes of obtaining a Professional Certificate requiring a master’s degree.

22.2.f. Undergraduate Hour Requirements. A candidate may utilize 15 semester hours of undergraduate level credit from an accredited IHE for an advanced salary classification if the hours were related to the public education in accordance with section 9.10.f. Undergraduate level coursework shall be completed after the issuance of the specialization on the Professional Teaching, Student Support, or Administrative Certificate. Undergraduate level coursework must be earned on, or after July 1, 1984, and after the issuance of the Initial Professional Teaching, Student Support, or Administrative Certificate, to be eligible for an advanced salary classification.

22.2.g. Effective Date. The effective date of any advanced salary classification is limited to the date that all requirements were met for the advanced salary as verified on an official college/university transcript but is prohibited from exceeding three months prior to the date the application was received by the WVDE in accordance with section 9.10.a.

22.2.h. An individual holding an expired certification is not eligible for an advanced salary classification or advanced degree level.

22.3. Salary Classification for a CTE Permit or Certificate. The basic salary for a CTE Permit holder shall be based on a CTE salary of BA, while the salary for a CTE Certificate holder may be a higher CTE salary level based on degrees earned and/or completed coursework. CTE advanced salary classifications are recognized only on a CTE Certificate. Advanced salary classifications for a CTE Certificate may not exceed a classification of MA+45. A CTE advanced salary classification for an educator whose CTE Certificate is not based on a degree includes CTE BA+15, CTE MA, CTE MA+15, CTE MA+30, and CTE MA+45.

22.3.a. Additional CTE Salary Classification. A CTE educator who received an advanced salary classification under previous provisions is eligible for an additional salary classification after completing 15 semester hours of additional college coursework through an accredited IHE for each new salary classification.

22.3.b. CTE Coursework Update. Completion of six semester hours of college/university coursework in the teaching specialization update are required for each advanced salary classification for a CTE educator. A maximum of six semester hours of teaching specialization update coursework is acceptable for each advanced salary classification.

22.3.c. Permanent CTE Certificate. An educator holding a permanent CTE Certificate may be eligible for a MA+30 CTE salary classification based on earning a BA from an accredited IHE. An educator holding a permanent CTE Certificate may be eligible for an MA+45 CTE salary classification based on earning a BA+15 semester hours of graduate credit from an accredited IHE or based on earning a MA. A Registered Nurse holding an Adult Permit and teaching an LPN Program may be eligible for an MA+45 CTE salary classification.

22.3.d. Non-Degree CTE Coursework. An educator not pursuing a degree but requesting a CTE advanced salary classification must select semester hour coursework from an accredited IHE as approved by the designated official at the WVDE Office of CTE. Approved semester hour coursework must be related to public education and may include occupational update credits approved by the WVDE.

22.3.e. Recommendation. A CTE Educator is required to be recommended for an advanced salary classification by the designated official at the WVDE Office of CTE.

W. Va. Code R. § 126-136-23 Fee Reimbursements and Salary Supplements

23.1. Tuition Reimbursement for Certificate Renewal or Shortage Areas.

23.1.a. W. Va. Code §18A‑3‑3a, an educator applying for tuition reimbursement is required to submit documentation that they meet the following criteria: holds either a valid West Virginia Professional Teaching, Student Support, or Administrative Certificate, or one of these Professional Certificates and a First Class Permit for full‑time employment seeking an additional endorsement in a shortage area, and resides in the state or is employed regularly for instructional purposes in a West Virginia public school; or is seeking certification renewal, and has a continuing contract with a county board of education or eligible public school employment. Provided, tuition reimbursement is contingent upon available funding through legislative appropriations.

23.1.b. Limitations. Reimbursement for coursework is limited to the cost of tuition, registration, and other required fees for appropriate college/university coursework used for certificate renewal or in a verified shortage area. Reimbursement for an educator who attends an out-of-state IHE (W. Va. Code §18A-3-3a(d)(2)), or a private IHE is limited to the amount of the highest corresponding tuition charged at a West Virginia state-supported IHE. Reimbursement for coursework completed towards certification renewal or in a shortage area is limited to 15 semester hours of courses. Reimbursement for coursework completed in an area of critical shortage takes precedent over coursework completed for renewal (W. Va. Code §18A-3-3a(f)). For reimbursement of shortage area coursework, the shortage area must be verified by the county of employment and the educator must have the appropriate IHE coursework with a minimum 3.00 GPA.

23.1.c. Reimbursement Schedule. A request for tuition reimbursement must be received by the WVDE between July 1 and June 15 of each fiscal year for coursework completed during that fiscal year. Tuition reimbursement is provided on a first-come, first-served basis and contingent on available funding. Coursework completed prior to the beginning of a fiscal year will not be considered for state tuition reimbursement.

23.1.d. Third-Party Reimbursement. An educator who receives a tuition and/or fee waiver is not eligible for reimbursement by the WVDE for the tuition/fees covered by the subsidy. Only expenses incurred personally by the educator are reimbursable.

23.2. Reimbursement for National Board for Professional Teaching Standards (NBPTS) Certification.

23.2.a. The purpose of this reimbursement is to recognize and reward classroom teachers, as defined in W. Va. Code §18A-1-1, who achieve certification through the NBPTS, by providing financial assistance to participating classroom teachers.

23.2.b. Limitations. The number of teachers reimbursed in any fiscal year is contingent on available funding provided by legislative appropriation for that fiscal year.

23.2.c. Third-Party Reimbursement. A classroom teacher who receives a subsidy from the NBPTS, or any other third-party payer, is not eligible for reimbursement by the WVDE for the fees covered by the subsidy. Only expenses incurred personally by the teacher are reimbursable.

23.2.d. Reimbursement Schedule. For initial NBPTS board certification, a classroom teacher may be reimbursed once for enrollment and once for completion of the NBPTS Certification Program. Program completion shall be defined as the completion of four components verified by the NBPTS. The program must be completed within the general timeframe permitted by the NBPTS unless an extension for program completion is granted by the NBPTS. For NBPTS board certification Maintenance of Certification (MOC), a teacher who successfully maintains the NBPTS certification shall be reimbursed for the NBPTS MOC fees, upon application to the WVDE.

23.2.e. Procedures and processes for NBPTS Fee Reimbursement. (W. Va. Code §18A-4-2a(d)), fee reimbursements shall be processed and distributed as follows: one-half of the program fee shall be paid for reimbursement once to a teacher enrolled in the NBPTS certification program that submits an application that includes documentation verifying enrollment, the payment for two components, and the registration fee; the remaining one–half of the program fee shall be paid for reimbursement once to a teacher who submits an application that includes documentation verifying payment for the final two components, the registration fee, and submission of all four components to the NBPTS for final scoring. Additionally, MOC fee reimbursement is available for each successful MOC as verified by the NBPTS. An application for fee reimbursement must be received by the WVDE no later than June 15 annually.

23.2.f. Extra expenses reimbursement. A classroom teacher who achieves NBPTS Certification is eligible for reimbursement of the actual expenses incurred for initial National Board Certification only and a maximum of $600.00 for non-durable goods as specified in the Internal Revenue Service (IRS) guidelines by applying for reimbursement and submitting documentation of the following: NBPTS board certification, as verified by the NBPTS; original receipts for the expenses incurred; and, other documentation that may be required. Any subsidy funding received by a teacher for retake fees is considered as partial or complete payment of the $600.00 allowance permitted for actual expenses incurred.

23.2.g. NBPTS Salary Supplement. A classroom teacher who becomes NBPTS certified shall receive an annual salary supplement of $3,500.00 for the life of the certificate, up to five years for any one certificate, if the teacher’s application includes documentation that they have become NBPTS certified and are employed as a public school classroom teacher. The annual salary supplement shall be in addition to any amounts prescribed in the applicable state minimum salary schedule the teacher is entitled to receive, paid in equal monthly installments, and considered a part of the state minimum salaries for teachers. The state salary supplement expires at the same time the NBPTS board certification expires; therefore, a classroom teacher who successfully completes NBPTS MOC Certification is required to apply for a salary supplement renewal.

23.2.h. NBPTS Certificate Recognition without Salary Supplement. An individual who is NBPTS certified but is not currently employed as a classroom teacher in West Virginia public schools, may request recognition of the NBPTS certification with a valid West Virginia Professional Teaching Certificate. The NBPTS salary supplement is only available to employed, fully certified West Virginia public school classroom teachers.

23.3. Reimbursement and Salary Supplement for Professional Personnel with Recognized National Certification in Speech Language Pathology, Counseling, School Psychology, and School Nursing General Criteria.

23.3.a. The purpose of this section is to recognize and reward certain professional personnel, as defined in W. Va. Code §18A-1-1, holding advanced certification by the ASHA, the National Board of Certified Counselors (NBCC), the West Virginia Board of Examiners in Counseling (WVBEC), the National Association of School Psychologists (NASP), or the National Board for Certification of School Nurses (NBCSN), that meet eligibility criteria (W. Va. Code §18A-4-2b) by providing a statewide salary supplement and reimbursement program for fees and actual extra expenses incurred toward attainment of their initial advanced certification for professional personnel employed in the public schools as SLPs, counselors, school psychologists, or school nurses.

23.3.b. Limitations for Salary Supplement. The number of SLPs, counselors, school psychologists, or school nurses eligible for an annual salary supplement is limited to 115 combined total for the fiscal year beginning July 1, 2008, with an additional 115 allowable each fiscal year thereafter. The eligible professional personnel shall be determined each fiscal year by ranking: verification of the length of time that advanced certification has been held; the length of time that West Virginia certification in the endorsement area has been held; and, the total months of public-school work experience completed in the endorsement area.

23.3.c. Limitations for Reimbursement. The number of SLPs, counselors, school psychologists, or school nurses eligible, upon attainment of the advanced certification, for reimbursement of the remainder of the application program fee plus other expenses actually incurred toward attainment of the certification shall be limited to no more than 115 combined total for the first fiscal year beginning July 1, 2008, with an additional 115 allowable each fiscal year thereafter. The eligible professional personnel eligible for reimbursement shall be determined each fiscal year by ranking and verification as specified in section 23.3.b. The total number of professional personnel reimbursed in any fiscal year is dependent upon the available funding through legislative appropriation for that fiscal year, but shall not exceed 115 in any fiscal year. Recognition of only one advanced certification shall be allowed for any individual for the purpose of obtaining the fee reimbursement and/or the salary supplement.

23.3.d. Reimbursement and Salary Supplement Schedule. Beginning July 1, 2008, 115 professional personnel as defined in W. Va. Code §18A-1-1 who hold advanced certification by ASHA, NBCC, WVBEC, NASP, or NBCSN, and employed in the West Virginia public schools, shall be granted an annual salary supplement of $2,500.00 for the life of the advanced certification, or for 10 years for any one certification, whichever expires first, with an additional 115 professional personnel allowable every fiscal year thereafter. Additionally, beginning July 1, 2008, 115 professional personnel as defined in W. Va. Code §18A-1-1 are eligible for reimbursement of one-half of the fee for advanced certification upon enrollment, and upon attainment of the advanced certification are eligible for reimbursement of the remaining one-half of the fee, plus other expenses actually incurred which are not to exceed $600.00 maximum, toward attainment of the advanced certification, with reimbursement for an additional 115 professional personnel allowable every fiscal year thereafter.

23.3.e. Deadlines. Applications shall be accepted annually from January 1 through September 15 for processing for SLPs, counselors, school psychologists and school nurses. Applications received after the September 15 deadline through December 31 shall be automatically denied for reimbursement and salary supplement. Beginning January 1 annually, applications received by the September 15 deadline for that year will be reviewed and ranked according to the criteria in this section to identify the 115 additional applications eligible for payment during that year. Only candidates employed in West Virginia public schools as an SLP, counselor, school psychologist, or school nurse are eligible for the reimbursement or salary supplement.

23.3.f. Procedures for requesting National Certification Reimbursements. Eligible professional personnel who enroll in, or complete, the initial ASHA, NBCC, WVBEC, NASP, or NBCSN certification is eligible to apply for reimbursement of one-half of the program fee for enrollment and one-half of the fee for completion, a maximum of $600.00 for extra expenses incurred for the initial certification, as specified in the IRS guidelines, by applying for reimbursement and submitting documentation of the following: payment verification of the advanced certification program fee(s); verification that the candidate is enrolled in, or has completed, the advanced certification process; a copy of the ASHA, NBCC, WVBEC, NASP, or NBCSN advanced certificate and other official documentation, as needed, verifying the issuance and expiration dates of the advanced certification with receipts for permitted expenses incurred, if applying for completion fees or extra expenses and verification of the criteria specified in section 23; and other documentation that may be required.

23.3.g. Procedures for requesting National Certification Salary Supplements. Eligible professional personnel who complete advanced ASHA, NBCC, WVBEC, NASP, or NBCSN certification is eligible for the annual salary supplement if their application includes the following documentation: a copy of the ASHA, NBCC, WVBEC, NASP, or NBCSN advanced certificate and other official documentation, as needed, verifying the issuance and expiration dates of the advanced certification; verification of the criteria in accordance with section 23; and, verification of current employment in the West Virginia public schools as a SLP, counselor, school psychologist, or school nurse. The state salary supplement expires at the same time the national certification expires; therefore, a professional who successfully completes a national certification program is required to apply for a salary supplement renewal.

W. Va. Code R. § 126-136-24 Advanced Credentials

24.1. Advanced Credentials are awarded to educators completing professional learning, coursework, and/or testing that exceeds the requirements for a professional certificate. Endorsements identified as Advanced Credentials have unique and specific requirements for the initial issuance and subsequent renewal. Advanced Credentials may be required for employment.

24.2. Validity Period. The validity period of each Advanced Credential will vary and be specific to that advanced credential. Any Advanced Credential that is not issued on a permanent basis expires on June 30 of the year it is set to expire. An Advanced Credential issued on a permanent basis shall remain valid if the Professional Teaching Certificate or CTE Certificate remains valid and the Advanced Credential has not been surrendered, suspended, or revoked.

24.3. Conditions of Issuance. A candidate for an Advanced Credential is required to submit documentation that they satisfy the specific conditions for issuance for the specialization the Advanced Credential is requested.

24.4. Types of Advanced Credentials. All Advanced Credentials shall be approved by the WVBE before being available or issued to eligible candidates.

24.4.a. Technology Integration Specialist. The Technology Integration Specialist serves public schools in an instructional support capacity. A candidate for Technology Integration Specialist is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Certificate, or an Adult Certificate endorsed for Adult Basic Education in accordance with section 11.11; completed training required by the employing county; and is recommended by the employing county superintendent. The Technology Integration Specialist Advanced Credential shall be issued on a permanent basis and remains for as long as the Professional Teaching Certificate is valid provided the Advanced Credential has not been surrendered, suspended, or revoked.

24.4.b. Advanced Placement Teacher. An Advanced Placement Teacher delivers instruction in college-level courses, approved by the College Board, in the high school setting. An Advanced Credential endorsed for an Advanced Placement Teacher is required for licensure when a job posting requires the Advanced Placement credential, is valid for three years, and expires on June 30 of the year it is set to expire. A candidate for an Advance Placement Teacher Credential is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Certificate; successfully completed the Advanced Placement Course Audit required by the College Board; is recommended for the Advanced Placement Teacher Credential by the employing county superintendent; and, completed one of the following:

24.4.b.1. Advanced Placement Institute. Successfully completed a 30-clock hour College Board endorsed Advanced Placement Summer Institute or an equivalent College Board endorsed Advanced Placement Summer Institute offered through the WVDE or an out-of-state provider endorsed by the College Board. All professional learning for the initial Advanced Placement Teacher Credential was completed subsequent to June 1, 2005; or,

24.4.b.2. Acceptance by the College Board to read exams and participate in a minimum of one Advanced Placement Exam Reading; or be accepted by the College Board to offer institutes and workshops and deliver at least one course-specific institute or workshop; or successfully serve as a mentor to a novice Advanced Placement Teacher; or successfully completed at least three semester hours of coursework directly related to the Advanced Placement course for which they applied for an Advanced Placement Credential.

24.4.b.3. Renewal of Advanced Placement Teacher. A candidate for renewal of an Advanced Placement Credential is required to submit documentation that they successfully completed the requirements in accordance with section 24.4.b where these requirements were completed after the effective date of the credential being renewed and shall have been completed within five years of the date of application for renewal.

24.4.c. Personal Finance Education Specialist. The Advanced Credential for Personal Finance Education Specialist endorsement may be issued to a candidate who has completed the professional learning offered and/or approved by the WVDE. The Personal Finance Education Specialist delivers instruction to students in grades K-Adult utilizing the college and career-readiness standards framework. The Advanced Credential for Personal Finance Education is valid for three years and expires June 30 of the year it is set to expire.

24.4.c.1. A candidate for an Advanced Credential for Personal Finance Education Specialist is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Certificate or a valid West Virginia CTE Certificate; and, successfully completed professional learning on personal finance education provided and/or approved by the WVDE.

24.4.c.2. Renewal of the Personal Finance Education Specialist. An Advanced Credential for Personal Finance Education Specialist is eligible for renewal if the candidate submits documentation that they meet the following criteria: holds a valid West Virginia Professional Certificate or a valid West Virginia CTE Certificate; and, completion of professional learning related to personal finance education knowledge, skills, and pedagogy offered and/or approved by the WVDE or another nationally recognized organization; or, successfully completed a minimum of three semester hours of coursework from an accredited IHE directly related to the field of Personal Finance Education.

24.4.c.3. Permanent Personal Finance Advanced Credential. An Advanced Credential for Personal Finance Education Specialist may be converted to a Permanent Advanced Credential. A candidate for a Permanent Advanced Credential for Personal Finance Specialist is required to submit documentation that they meet the following criteria: holds a valid West Virginia Professional Certificate or a valid West Virginia CTE Certificate; a valid or expired Advanced Credential for Personal Finance Education Specialist that was renewed at least once during the appropriate renewal period; completed additional professional learning related to personal finance education knowledge, skills, and pedagogy and offered and/or approved by the WVDE; and, completed a minimum of three semester hours of coursework from an accredited IHE or its equivalent from West Virginia WVLearns directly related to the field of Personal Finance Education.

24.5. CTE. Permanent Advanced Credentials for areas of CTE may be issued upon completion of Professional Learning/Coursework specified in the CTE Endorsements and Testing Manual. A candidate for a Permanent Advanced Credential for a CTE area is required to submit documentation that they meet the following criteria: the requirements specified in the CTE Endorsements and Testing Manual; completed the professional learning/coursework as identified in the CTE Endorsements and Testing Manual; and, be recommended for the Permanent Advanced Credential by the employing county superintendent, Multi-County CTE Administrator, or WVSDT Superintendent or designee.

24.5.a. Advanced Credential for Initial Option Pathway. An Option Pathway Teacher delivers instruction to students enrolled in the Option Pathway Program to prepare them for the high school equivalency assessment. An Option Pathway Advanced Credential is issued for a period equal to the validity period of the candidate’s current Professional Teaching Certificate, not to exceed five years and expires on June 30 of the year it is set to expire. A candidate for an Advanced Credential for Initial Option Pathway is required to submit documentation that they meet the following criteria: holds a valid Professional Teaching Certificate in any endorsement, grades K-12; their commitment agreement to complete the required Option Pathway orientation professional learning approved by the WVDE Option Pathway Coordinator; and, be recommended for an Advanced Credential for Initial Option Pathway by the employing county superintendent.

24.5.a.1. Renewal of the Advanced Credential for Option Pathway. The Advanced Credential endorsed for Option Pathway may be renewed if the candidate submits documentation that they meet the following criteria: holds a valid Professional Teaching Certificate in any endorsement, grades K-12; and completed unduplicated professional learning offered and/or approved by the WVDE Option Pathway Coordinator equal to six hours annually.

24.5.a.2. All new Option Pathway Teachers are required during their first year as an Option Pathway teacher to complete the Option Pathway New Teacher Orientation which may be included to meet the first-year professional learning clock hour requirement. The Advanced Credential for Option Pathway may be renewed if the candidate submits documentation that they meet the following criteria: completed a minimum of 18 clock hours (for a three-year certificate) or 30 clock hours (for a five year/permanent certificate); and, is recommended for renewal of the Advanced Credential for Option Pathway by the employing county superintendent.

W. Va. Code R. § 126-136-25 Severability

25.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Appendix A Programmatic Levels and Specializations Recognized on the Professional Certificate6 Recognized Programmatic Levels Preschool Education Pre-k-Pre-k Preschool to Adult Kindergarten to Grade 12 Grades K-12 Early Education Early Childhood Grades K-4 Elementary Education Grades K-6 Middle Childhood Grades 5-9 Adolescent Grades 9-Adult Adult Adult Grade Level Options for General Education Specializations Agriculture Algebra I Algebra II American Sign Language Art Pre-k-Adult, 5-Adult, 5-9 Biology Business Education Chemistry Chemistry/Physics Chinese Computer Science Education Dance Driver Education Earth & Space Science Early Childhood Education K-4 Early Education Elementary Education Elementary Mathematics Education Elementary Mathematics Specialization Elementary Mathematics Specialist2 English 5-Adult, 5-9 English as a Second Language Family & Consumer Science French General Mathematics through Algebra I 5-9 General Science Geometry 5-Adult, 5-9 German Health Instructional Technology Japanese Pre-k-Adult, 5 Adult Journalism 5-Adult, 9-Adult Latin 5-Adult, Pre-k-Adult Marketing Mathematics (Comprehensive)

Music Oral Communications 5-Adult, 9-Adult Physical Education Pre-k-Adult, 5-Adult, 5-9 Physics Preschool Education Pre-k-Pre-k Reading Education Reading Specialist1,2,3 Russian School-Library Media Social Studies 5-Adult, 5-9 Spanish Technology Education Theatre Wellness (Health-Physical Education Combined Major)

Grade Level Options for Special Education Specializations Autism4 Comprehensive Special Education Pre-k- K, K-6, 5-Adult Developmentally Delayed Emotional/Behavior Disorders Gifted 1-12 Deaf and Hard of Hearing Deaf and Hard of Hearing (Basic Signing Skills)

Deaf and Hard of Hearing (Proficient Signing Skills)

Intellectual Disabilities Multi-Categorical (E/BD, MI, SLD, excluding Autism)

Preschool Special Needs Severe Disabilities K-Adult Specific Learning Disabilities Visual Impairment Grade Level Options for Student Support Specializations Counselor2 School Nurse School Psychologist2 Social Services and Attendance Speech Language Pathologist2 Grade Level Options for Administrative Specializations General Supervisor2 Principal2 Superintendent2 The WVDE shall issue certificates for discontinued specializations only to those students enrolled in an approved program at the time the program was discontinued.

Grade Level Options for Classroom Assistant Teachers Early Childhood Classroom Assistant Teacher (ECCAT) Authorization Pre-k-3 Special Education Assistant Teacher (Aide V)

Behavioral Support Assistant Teacher (Aide VI)

Grade Level Options for Career Technical Specializations All Specializations 5-Adult, AD-AD Grade Level Options for Paraprofessionals Paraprofessionals5 Pre-k -Adult Grade Level Modification Eligible Areas Superintendent Physical Education Principal Reading Specialist Supervisor of General Instruction School Library/Media Content Endorsement (5-12, 7-12, 5-8)

Social Studies – U.S. History Content Endorsement for CTE (9-Adult)

Special Education Endorsement(s)

Art Counselor Elementary Speech Language Pathologist English as a Second Language School Nurse Gifted Speech Therapy Health School Psychologist Music School Service/Attendance 1Graduate Level Certification Program Required 2MA Required. 3Reading Specialist requires completion of an MA in Reading Specialist or an MA and a Graduate Certification Program in Reading Specialist reflective on official seal bearing transcripts. 4Autism. An individual may not add the Autism Endorsement from solely taking the content area test for Autism. See section 19.3 for requirements to add Autism to a certificate. 5Associate Degree Required 6Endorsements eligible to be added to an Alternative Teaching Certificate or to a certificate equivalent to a professional certificate may be found in the West Virginia Licensure Testing Directory on the WVDE website.

Appendix B Endorsements Eligible for the Permanent Authorization of Grade Levels General Education Specializations The following teachers assigned to serve students identified in the left column may be assigned to provide services to students identified in the right column provided they secure the appropriate authorization.

Art K-12 or 1-12 Art 1-9 Gifted 1-12, 1-6 or 5-12 1-12 Health 1-12 or K-12 Music K-12 or 1-12 Music 1-9 Physical Education K-12 or 1-12 Physical Education 1-9 Reading Specialist K-12 or 1-12 Reading Specialist 1-9 Hearing Impaired K-12 School Library/Media K-12 Severe Disabilities K-12 or K-AD Visually Impaired K-12 or K-AD Student Support Specializations The following school support service personnel assigned to provide services to students identified in the left column may be assigned to provide services to students listed in the right column provided they secure the appropriate authorization.

Counselors K-8 Pre-k-8 Counselors K-9 Counselors K-12 Counselors 1-9 Counselors 7-12 or 5-12 7-Adult or 5-Adult Speech Language Pathologist K-12 School Nurse K-12 School Psychologist K-12 or 1-12 Administrative Specializations The following school administrators and supervisors assigned to serve students identified in the left column may be assigned to provide services to students listed in the right column provided they secure the appropriate authorization.

Superintendents K-12 or 1-12 Principals K-8 or 1-8 Pre-k-8 Principals K-9 or 1-9 Principals 7-12 or 5-12 7-Adult or 5-Adult Supervisors General Instruction K-12

Appendix CTable of Contents

W. Va. Code R. § 126-136-1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

W. Va. Code R. § 126-136-2 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

W. Va. Code R. § 126-136-3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

W. Va. Code R. § 126-136-4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

W. Va. Code R. § 126-136-5 Categories of Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

W. Va. Code R. § 126-136-6 Legal Basis for Licensure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11

W. Va. Code R. § 126-136-7 Responsibilities for Licensure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

W. Va. Code R. § 126-136-8 Teacher and Paraprofessional in Federally Funded Program . . . . . . . . . . . . . . . . . . . . . . 17

W. Va. Code R. § 126-136-9 General Requirements and Dates Certain for Licensure. . . . . . . . . . . . . . . . . . . . . . . . . . . 17

W. Va. Code R. § 126-136-10 Licenses for Professional Educators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

W. Va. Code R. § 126-136-11 Permits Issued to Professional Educator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

W. Va. Code R. § 126-136-12 Early Childhood Classroom Assistant Teacher (ECCAT) Authorization, Paraprofessional Certification, and Aide V/VI Assistant Teacher. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 §126-136-13. Grade Level Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 76

W. Va. Code R. § 126-136-14 Waivers and Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 76

W. Va. Code R. § 126-136-15 County-Based Alternative Route to Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

W. Va. Code R. § 126-136-16 Out-of-State Candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

W. Va. Code R. § 126-136-17 Non-United States Citizen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 80

W. Va. Code R. § 126-136-18 Appropriate Assignments According to License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

W. Va. Code R. § 126-136-19 Special Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

W. Va. Code R. § 126-136-20 Athletic and Limited Sports Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 85

W. Va. Code R. § 126-136-21 Additional Endorsement(s) for Existing License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

W. Va. Code R. § 126-136-22 Salary Classifications for Educators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 88

W. Va. Code R. § 126-136-23 Fee Reimbursements and Salary Supplements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

W. Va. Code R. § 126-136-24 Advanced Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

W. Va. Code R. § 126-136-25 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

Appendix A, Programmatic Levels and Specializations Recognized on the Professional Certificate . . . 97

Appendix B, Endorsements Eligible for the Permanent Authorization of Grade Levels . . . . . . . . . . . . 100

Appendix C, Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 101

Series 137 National Board For Professional Teaching Standards Certification Reimbursement/Salary Bonus Program (5203)

W. Va. Code R. § 126-137-1 General

1.1. Scope. - This policy establishes the National Board for Professional Teaching Standards (NBPTS) Certification Reimbursement and Salary Bonus Program for classroom teachers employed in West Virginia public schools.

1.2. Authority. - W.Va. Constitution, Article XII, §2; W.Va. Code §18-2-5 and §18A-4-2a.

1.3. Filing Date. - February 15, 2002.

1.4. Effective Date. - March 17, 2002.

1.5. Repeal of former rule. This procedural rule repeals and replaces WV 126CSR137 "National Board for Professional Teaching Standards Certification Reimbursement/Salary Bonus Program" filed November 8, 1999 and effective December 8, 1999.

W. Va. Code R. § 126-137-2 Purpose

2.1. The purpose of this legislative rule is to recognize and reward public school classroom teachers, as defined in W.Va. Code §18A-1-1, who achieve certification through the NBPTS and to create a reimbursement program which provides financial assistance to those classroom teachers who participate in this rigorous program.

W. Va. Code R. § 126-137-3 Funding

3.1. Funding for the NBPTS Certification Program shall be administered by the West Virginia Department of Education from an appropriation established for this purpose by the West Virginia Legislature.

3.2. If the legislative appropriation is insufficient, the West Virginia Department of Education shall prorate the reimbursement for expenses and salary bonuses and shall request sufficient funds, including needed retroactive payments, from the Legislature at its next regular session.

3.3. This policy shall not be construed to require any level of appropriation by the Legislature or to create any entitlement of payments pursuant to the provisions of W.Va. Code

§18A-4-2a.

W. Va. Code R. § 126-137-4 Limitations

4.1. The number of classroom teachers eligible for reimbursement for enrollment in the NBPTS Certification Program shall be limited to 200 teachers each school year (July 1 - June 30).

These teachers shall be reimbursed on a first come-first served basis.

4.2. A classroom teacher who receives a subsidy from the NBPTS or any other third party payer shall not be entitled to reimbursement by the West Virginia Department of Education. Only expenses incurred personally by the candidate shall be reimbursable.

4.3. A classroom teacher may be reimbursed only once for enrollment in and once for completion of the NBPTS Certification Program.

4.4. A classroom teacher who achieves NBPTS Certification may be reimbursed a maximum of $600.00 for actual expenses incurred while obtaining the certification.

4.5. Effective July 1, 2001, a classroom teacher who holds a valid certificate issued by the NBPTS shall be paid $2,500.00 annually for the life of the certificate, but in no event for more than ten years for any one certification. The payments shall be in addition to any amounts prescribed in the applicable state minimum salary schedule, shall be paid in equal monthly installments, and shall be considered a part of the state minimum salaries for teachers.

W. Va. Code R. § 126-137-5 Procedures for Reimbursement/Salary Bonus

5.1. A classroom teacher who enrolls in the NBPTS Certification Program may submit a request for reimbursement of one-half of the fee by submitting the appropriate application to the West Virginia Department of Education with a copy of the canceled check verifying payment of the portion of the assessment fee for which reimbursement is requested and documentation that the candidate is enrolled in the NBPTS Certification Program. This reimbursement shall be limited to the first 200 teachers who apply each school year.

5.2. A classroom teacher who completes the NBPTS Certification Program may submit a request for reimbursement of one-half of the fee by submitting the appropriate application to the West Virginia Department of Education with a copy of the canceled check verifying payment of the portion of the assessment fee for which reimbursement is requested and documentation that the teacher has completed the NBPTS Certification Program.

5.3. A classroom teacher who achieves NBPTS Certification may submit a request for reimbursement of actual expenses incurred, up to a maximum of $600.00, by submitting the appropriate application to the West Virginia Department of Education with documentation that the teacher has achieved NBPTS Certification and original receipts for the expenses incurred.

5.4. A classroom teacher who achieves NBPTS Certification shall be granted an annual salary bonus of $2,500.00 for the life of the certificate, up to ten years, providing he/she submits the appropriate application to the West Virginia Department of Education with documentation that the teacher has achieved NBPTS Certification.

FORM HD 201

(10-66) .

FISCAL NOTE

HD NO

DRAFT NO

BILL NO

RESOLUTION NO

SUBJECT Policy 5203-National Board for Professional Teaching Standards certification reimbursement/Salary Bonus Program FUND SOURCE OF REVENUE:

GENERAL FUND

SPECIAL

OTHER (SPECIFY)

COST OF ESTIMATE BASED ON:

AN ORIGINAL ESTIMATE

BUDGET BILL

OTHER (SPECIFY)

INCOME ESTIMATE BASED ON:

AN ORIGINAL ESTIMATE

BUDGET BILL

OTHER (SPECIFY)

SHOW OVER-ALL EFFECT IN ITEMS 1 AND 2 & GIVE EXPLANATION OF BREAKDOWN BY FISCAL YEAR INCLUDING LONG-RANGE EFFECT

EFFECT OF PROPOSAL

ANNUAL

FISCAL YEAR

INCREASE

DECREASE

CURRENT

NEXT

THEREAFTER

1. ESTIMATED TOTAL COST $ 0

PERSONAL SERVICES CURRENT EXPENSES REPAIRS/ALTERATIONS EQUIPMENT OTHER

2. ESTIMATED TOTAL REVENUES

3. EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT):

The effective date is July 1, 2001 No additional cost for the 2001-2002 school year Estimated cost for the 2002-2003 school year $350,000.00 December 18,2001 Department of Education AGENCY AUTHORIZED REPRESENTATIVE FORM HD 201 (10-66)

Series 140 Advanced Salary Classifications (5220)

W. Va. Code R. § 126-140-1 General

1.1. Scope. -- These interpretive rules provide definitions for the levels of salary classification accredited institutions and graduate credit, and identify the procedures for dating of salary classifications.

The policy was recently amended to expand the definition of the BA + 15 classification.

1.2. Authority. -- W. Va. Code §18A-4-1

1.3. Filing Date. - April 1, 1987

1.4. Effective Date. -- June 1, 1987

1.5. Amendment to Rule. -- This amendment incorporates the regulation for undergraduate credit for advanced salary.

W. Va. Code R. § 126-140-2 Incorporation by Reference

2.1. Copy ofrules and regulations attached. Copies may be obtained in the office of the Secretary of State and in the West Virginia Department of Education, Bureau of General, Special, and Professional Education.

2.2. Summary of rules and regulations below.

SUMMARY OF RULES AND REGULATIONS

Rules and regulations contain: definition of salary classifications, West Virginia Board of Education Interpretations, dating of salary classifications, and the teacher's responsibilities.

ADVANCED SALARY CLASSIFICATIONS

LEGAL BASIS - SCHOOL LAWS OF WEST VIRGINIA, 1971, (18A-4-1).

Definitions - --- For the purpose of this section, salaries shall be defined as: (a) "Basic salaries" which shall mean the salaries paid to teachers with zero years of experience and in accordance with the classification of certification and of training of said teachers; and (b) "advanced salaries" which shall mean the basic salary plus an experience increment based on the allowable years of experience of the respective teachers in accordance with the schedule established herein for the applicable classification of certification and of training of said teachers. "Classification of certification" means the class or type of certificate issued by the state superintendent of schools under the statutory provisions of this chapter. "Classification of training" means the number of collegiate or graduate hours necessary to meet the requirements stipulated in the definitions set forth in the next paragraph in items (2) to (7) inclusive.

The column heads of the state minimum salary schedule, set forth in section two (18A-4-2), are defined as follows:

(1)

"Years of experience" means the number of years the teacher has been employed in the teaching profession, including active work in educational positions other than the public schools, and service in the armed forces of the United States if the teacher was under contract to teach at the time of his/her induction. For the purpose of section two (18A-4-2) of this article, the teacher's experience shall be limited to that allowed under his/her training classification as found in the minimum salary schedule.

(2)

"B.A." means a bachelor's degree, from an regionally accredited institution of higher education, which has been issued to, or for which the requirements for such have been met by, a person who qualifies for or holds a professional certificate or its equivalent.

(3)* "B. A. +15" means a bachelor's degree as defined above plus fifteen hours of graduate work, from a regionally accredited institution of higher education certified to do graduate work, in an approved planned program at the graduate or for level which requirements have been met by a person who qualifies for or holds a professional certificate or its equivalent. Individuals employed on permits in areas which require completion of a master's degree program for the initial Professional Certificate and who do not hold a master's degree may be granted a BA+15 salary classification upon completion of fifteen semester hours of coursework leading to the master's degree in the area in which the permit was issued.

(4)

"M.A." means a master's degree earned in a regionally accredited institution of higher education approved to do graduate work, which has been issued to, or the requirements for such have been met by a person who qualifies for or holds a professional certificate or its equivalent.

Advanced Salary Classification Policy 5220 (5)* "M.A. +15" means the above-defined master's degree plus fifteen hours of graduate work, earned in an institution of higher education approved to do graduate work, if the person is qualified for or holds a professional certificate or its equivalent.

(6)* "M. A. +30" means the above-defined master's degree plus thirty graduate hours earned in an institution approved to do graduate work, if the person is qualified for or holds a professional certificate or its equivalent.

(7)

"Doctorate" means a doctor's degree, which is of the type normally associated with the educational system, from a regionally accredited university qualified and approved to confer such a degree, which has been issued to or the requirements for such have been met by a person who qualifies for or hold a professional certificate or its equivalent. * The requirements set forth in subdivisions 3, 5, and 6 of this policy relating to hours of graduate work at an institution certified to do such work, fifteen undergraduate credit hours from a regionally accredited institution of higher education, earned after July 1, 1984 may be utilized for advanced salary classification if such hours are in accordance with (a) the teacher's current classification of certification and of training, (b) a designated instructional shortage area documented by the employing county superintendent, or (c) an identified teaching deficiency documented through the State approved county personnel evaluation system.

N/B/16 - 12/3/86

Series 141 County Board of Education Relations with County Staff and School Employees (Policy 5300)

W. Va. Code R. § 126-141-1 General

1.1. Scope. -- This rule clarifies the principles of the relationship between county boards of education, county staff, and school employees.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-5-45a , 18A-2-8, and 18A-2-12.

1.3. Filing Date. -- March 9, 2022.

1.4. Effective Date. -- April 11, 2022.

1.5. Repeal of Former Rule. -- This rule amends W. Va. 126CSR141, Policy 5300, Board of Education Relations with School Employees, filed July 1, 1993, and effective August 1, 1993.

W. Va. Code R. § 126-141-2 Purpose

2.1. To minimize possible disagreements or misunderstandings among county board of education members (CBEM), county staff, and school employees, the West Virginia Board of Education (WVBE) provides the following principles.

W. Va. Code R. § 126-141-3 Principles

3.1. County boards of education, subject to the provisions of W. Va. Code §18 and §18A and the rules and regulations of the WVBE, are responsible for the management of the schools within each county. Their powers and responsibilities in setting policy and in providing for such management are broad but not absolute.

3.2. County staff and school employees (employees) share the responsibility for putting into effect the policies and practices approved by CBEM and such employees have certain rights and responsibilities as provided in statute and in contract.

3.3. Employees are entitled to meet, form associations, and work in concert in order to improve their circumstances or the circumstances of the schools. However, the right to strike does not exist for any public employee in the State of West Virginia, including school employees (see W. Va. Code §18-5-45a).

3.4. CBEM and their employees can most effectively carry out their responsibilities to the public and to each other by establishing clear and open lines of communication. Employees should be encouraged to make suggestions, proposals, and recommendations through appropriate channels to the county board of education. Decisions of county boards of education concerning such suggestions, proposals, and recommendations should be communicated to their employees clearly and openly.

3.5. Official meetings of county boards of education are public meetings and are subject to open meeting laws. Employees should be encouraged to attend such meetings without fear of reprisal.

3.6. Employees are entitled to know how well they are performing at their jobs and shall be offered the opportunity to participate in an open and honest evaluation of their performance on a regular basis, or at minimum, annually. Any decision concerning promotion, demotion, transfer, or termination of employment is based on objective factors such as an evaluation, relevant provisions of W. Va. Code, and WVBE policies, county policies, and county need. Employees are entitled to the opportunity to improve their job performance, prior to termination or transfer of services and can only do so with the assistance of regular evaluation, unless the employee has conducted acts identified in section 3.6.a.

3.6.a. Notwithstanding any other provisions of law, a county board of education may suspend or dismiss any person in its employment at any time for: immorality, incompetence, cruelty, insubordination, intemperance, willful neglect of duty, unsatisfactory performance, a finding of abuse by the West Virginia Department of Health and Human Resources in accordance with W. Va. Code §49-1-1 et seq., the conviction of a misdemeanor or a guilty plea or a plea of nolo contendere to a misdemeanor charge that has a rational nexus between the conduct and performance of the employee’s job, or the conviction of a felony or a guilty plea or a plea of nolo contendere to a felony charge pursuant to W. Va. Code §18A-2-8.

3.6.a.1. A charge of unsatisfactory performance shall not be made except as the result of an employee performance evaluation pursuant to W. Va. Code §18A-2-12. The charges shall be stated in writing served upon the employee within two days of presentation of the charges to the county board of education.

3.7. All employees are entitled to due process in matters affecting their employment, transfer, demotion, or promotion.

3.8. All official and enforceable personnel policies must be written and made available to every employee.

W. Va. Code R. § 126-141-4 Severability

4.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR141

Series 142 Performance Evaluation of Professional Personnel and Athletic Coaches (Policy 5310)

W. Va. Code R. § 126-142-1 General

1.1. Scope. -- This legislative rule establishes the process for evaluation of the employment performance of professional personnel and athletic coaches that shall be applied uniformly statewide.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18A‑2‑12, and 18A‑3C et seq.

1.3. Filing Date. -- September 13, 2023.

1.4. Effective Date. -- October 16, 2023.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR142, Policy 5310, Performance Evaluation of Professional Personnel and Athletic Coaches, filed December 16, 2020, and effective January 15, 2021.

W. Va. Code R. § 126-142-2 Purpose

2.1. This policy promotes professional growth and development that advances student learning in West Virginia schools; defines and promotes high standards for professional personnel and their performance; provides data that indicates the effectiveness of professional personnel as one basis for sound personnel decisions; provides data for educator preparation programs to identify areas of need and to guide program improvement; and establishes county and school evaluation data that serve as a basis for professional development that specifically targets the area(s) identified for professional growth.

W. Va. Code R. § 126-142-3 Authorities

3.1. West Virginia Board of Education (WVBE). The WVBE shall: a) develop standardized evaluation components to be used by each county board of education in implementing the evaluation policy and related administrative procedures; b) review county boards of education employee evaluation administrative procedures if necessary; c) annually review a statewide report regarding county-level implementation and an analysis of the goals and outcomes of student learning as evidenced in the evaluation; and d) continually monitor and make recommendations to strengthen the framework of the evaluation system.

3.2. County Board of Education. Each county board of education shall establish written administrative procedures related to the requirements of this policy subject to the approval of the WVBE, upon request.

3.3. County Central Office Staff (CCOS). Each county central office shall implement the written administrative procedures established by the county board of education.

W. Va. Code R. § 126-142-4 Definitions

4.1. Athletic Coach. A member of a school faculty, substitute teacher, student teacher within a public school, or an authorized certified individual under contract with a county board of education who provides instruction, direction, or supervision to athletic teams for the purpose of developing ability or skill to perform in athletic contests.

4.2. Classroom Teacher. A professional educator who has a direct instructional relationship with pupils.

4.3. Conference. A scheduled meeting between the evaluator and educator focusing on the educator's performance.

4.4. Corrective Action Plan (CAP). Initiated when a Focused Support Plan (FSP) results in inadequate progress and when an evaluation is completed that shows unsatisfactory performance based on one or more of the standards or when certain instances of misconduct as specified in W. Va. Code §18A-2-8 may require immediate action and/or a CAP. The CAP may address unsatisfactory performance involving student learning goals when in conjunction with one or more of the standards.

4.5. Educators. Professionals who engage in the evaluation process.

4.6. Evaluation Instruments. The approved evaluation form(s) containing the performance criteria.

4.7. Evidence for School Leaders. Observable practices and/or artifacts selected by the educator and/or the evaluator to support the determination of performance level ratings based on the nine leadership standards. The evidence may be collected by either/both the school leader and the evaluator for discussion during conference(s).

4.8. Evidence for Educators. Observable practices and/or artifacts selected by the educator and/or the evaluator to support the determination of performance level ratings based on the professional standards. The evidence may be collected by either/both the educator and the evaluator for discussion during the observation or the evaluation conference(s).

4.9. Focused Support Plan (FSP). A proactive, preventative measure that supports individual improvement and professional growth. The FSP may commence only after an observation and a purposeful conversation have been conducted between the evaluator and the educator and when there is documented evidence indicating an area of concern based on one or more of the performance standards. The plan may address a documented area of concern involving the student growth standard when in conjunction with one or more of the performance standards.

4.10. Goal Setting. The process of developing rigorous, measurable goals to improve student learning. Goals span a school year, semester, or quarter.

4.11. Immediate Supervisor. A professional educator identified by the county superintendent to conduct observations, complete evaluations, and write and monitor an FSP and CAP.

4.12. Observation. The opportunity to view educator practice and collect data to evaluate performance. Evidence collected during observation helps evaluators clarify strengths and identify areas for growth.

4.13. Orientation. An annual meeting to assure that all employees have a full understanding of the purposes, instruments, and procedures used in evaluating the performance of employees.

4.14. Performance Levels for Educators. A Distinguished, Accomplished, Emerging, or Unsatisfactory rating assigned to the performance of an educator.

4.15. Professional Support Personnel. An individual who provides educational services within the school including athletic trainer, education audiologist, school nurse, school psychologist, an individual who provides direct social and emotional support services to students including Communities In Schools (CIS) contact/facilitator, social worker, or an employee who works to address chronic absenteeism.

4.16. Progression. A designation earned by teachers based on the number of years of experience and used in the evaluation process to determine the number/frequency of observations. The progressions are as follows:

4.16.a. Initial Progression. Teachers in their first, second, or third year of experience.

4.16.b. Intermediate Progression. Teachers in their fourth or fifth year of experience.

4.16.c. Advanced Progression. Teachers in their sixth year of experience and beyond.

4.16.d. Teachers returning to the classroom.

4.16.d.1. Teachers who began their teaching careers in West Virginia, and are returning to the classroom after a hiatus of three or more years, are to be evaluated as a teacher in the Initial Progression for one school year. After the initial year and an evaluation, the teacher may be moved to the appropriate progression based on years of experience and an evaluation of Accomplished or higher.

4.16.d.2. Teachers who began their teaching careers in states other than West Virginia shall be evaluated as a teacher in the Initial Progression. After the initial year and an evaluation, the teacher may be moved to the appropriate progression based on years of experience and an evaluation of Accomplished or higher.

4.17. School Counselor. An individual with appropriate certification who serves as a counselor within a school(s).

4.18. School Leader. Principals and assistant principals responsible for the collective success of their school including the learning, growth, and achievement of students, staff, and self.

4.19. Standards and Elements. Indicators of professional practice used to evaluate the performance of an employee.

4.19.a. Performance Standards. Standards of professional practice that are used to demonstrate what educators know and are able to do.

4.19.b. Student Growth Standard. Standard that requires educators to demonstrate their students’ success through increased student achievement.

4.19.c. Professional Conduct Standard. Standard that sets clear criteria for those competencies and habits of mind without which professional teaching simply cannot occur.

4.20. Self-Reflection. A tool for educators to assess their professional practice as it relates to standards contained in the West Virginia Evaluation System and to assist in the development of personal professional learning goals.

4.21. Student Impact Goal. A goal that requires school counselors to document student changes as an outcome of the school counseling program. The school counselor, in collaboration with the school leader, sets a student impact goal in an identified area of need.

4.22. Summative Evaluation. The final annual assessment that measures levels of educator professional growth based on performance standard ratings and goals as documented in the online educator evaluation system.

4.23. Summative Rating. The summative rating for performance established by the educator evaluation process which will determine the overall performance level of the educator based upon performance and student growth. If the evaluation indicates any performance level is less than accomplished, an explanation and data to support the evaluation are required.

4.24. Teacher of Record. The educator responsible for a significant portion of a student’s instructional time.

4.25. Two Points in Time. Timeline established by the teacher in consultation with the principal when developing student learning goals.

4.26. West Virginia Educator Evaluation System. A statewide system for assessing educator performance using the Teacher Evaluation Standards and Elements, student growth, and the professional conduct standard.

4.27. West Virginia Professional Teaching Standards (WVPTS). Five professional standards for educator performance that define what teachers must know and be able to do. The WVPTS serve as the foundation for educator preparation, teacher assessment, and professional development throughout the state.

4.28. West Virginia Professional Leader Standards. Nine professional standards for educator performance that define what school leaders must know and be able to do.

4.29. West Virginia Professional School Counselor Standards. Five professional standards for educator performance that define what school counselors must know and be able to do.

4.30. Central Office Personnel. Professional personnel whose titles include, but are not limited to, the following: central office administrator, supervisor, director, coordinator, and program specialist.

4.31. Performance Levels for Professional Support Personnel, Central Office Personnel, and Athletic Coaches. Exemplary, Exceeds Standards, Meets Standards, or Unsatisfactory rating assigned to the performance of professional support personnel, central office personnel, and athletic coaches.

W. Va. Code R. § 126-142-5 Training

5.1. All evaluators shall be trained in management and evaluation skills in the current system.

5.2. The West Virginia Department of Education (WVDE) shall provide education and training in evaluation skills to administrative personnel who conduct evaluations. Professional evaluations may only be conducted by personnel who hold valid administrative certification and Evaluation Leadership Institute (ELI) certification.

W. Va. Code R. § 126-142-6 Principles of Operation

6.1. County administrative procedures for conducting employee evaluations shall include: a) the identity of the immediate supervisor who conducts the observations and evaluations; b) the process to be used in improving an employee's performance based on the evaluation results; c) monitoring to assure evaluations are completed; and d) utilization of data from self-reflection results to determine county professional learning needs.

6.2. All monitoring and/or observations of the employee shall be conducted openly.

6.3. An employee whose performance evaluation is rated Unsatisfactory shall be given an opportunity to correct the deficiencies.

6.4. Each county’s administrative procedures shall be implemented in conformity with grievance and other due process requirements.

6.5. To assure that all employees have a full understanding of the evaluation policy and procedures, an orientation meeting shall be conducted annually for all employees at the beginning of the employment period or within two weeks of an employee’s reporting date. The evaluation process shall be initiated annually, regardless of the date of hire.

6.6. To assure that all employees have a meaningful opportunity to implement the evaluation policy, employees shall be provided access to the instruments and procedures and appropriate time for collaboration during the school day.

W. Va. Code R. § 126-142-7 Rating Structure

7.1. Rating Structure for Educators. The four performance rating categories in the educator evaluation system for the performance and student growth standards are: a) Distinguished, b) Accomplished, c) Emerging, and d) Unsatisfactory. The scale for assessing the performance criteria is as follows:

7.1.a. Distinguished. Performance which is consistently exceptional.

7.1.b. Accomplished. Performance which demonstrates mastery of the standard.

7.1.c. Emerging. Performance which meets the basic standard and has an opportunity for professional growth.

7.1.d. Unsatisfactory. Performance which does not meet the basic standard.

7.2. The three performance rating categories on the personnel evaluation form for employees for the professional conduct standard are: a) Meets Standard, b) Below Standard, and c) Unsatisfactory. The scale for assessing the criteria is articulated in the professional conduct rubric.

7.3. Rating Structure for Professional Student Support Personnel, Central Office Personnel, and Athletic Coaches. The four performance rating categories on the personnel evaluation form for employees are: a) Exemplary, b) Exceeds Standards, c) Meets Standards, and d) Unsatisfactory. The scale for assessing the performance criteria is as follows:

7.3.a. Exemplary. Performance is consistently exceptional in meeting performance criteria demonstrated by providing extraordinary opportunities for student success through instructional practices that confirm the employee’s expertise and the ability to reach all students.

7.3.b. Exceeds Standards. Performance is consistently above average in meeting performance criteria demonstrated by going beyond the established standards and instructional practices in reaching all students.

7.3.c. Meets Standards. Performance is consistently adequate in meeting performance criteria.

7.3.d. Unsatisfactory. Performance is not consistently acceptable in meeting performance criteria.

W. Va. Code R. § 126-142-8 Educator Evaluation

8.1. As specified in W. Va. Code §18A-3C-2, educators shall complete a minimum of one summative evaluation annually.

8.1.a. Eighty percent of the educator evaluation shall be based on an appraisal of the educator’s ability to perform the established professional performance standards.

8.1.b. Twenty percent of the evaluation shall be based upon student growth.

8.1.b.1. Twenty percent of the evaluation of all educators shall be based upon student growth as measured by two student learning goals. Progress toward meeting the two student learning goals shall be measured using multiple measures of student growth.

8.2. Self-reflection. Educators shall complete an annual Self-reflection based upon the performance standards on or before October 1. Evaluators review the educator Self-reflection, provide feedback, and collaborate with the educator to determine personal professional learning needs.

8.3. Educator Evidence. Evidence is utilized to support performance level determination.

8.3.a. Evidence must be noted in the system in order to support a Distinguished rating. This evidence can be located either in the Self-reflection or the summative evaluation, or both.

8.3.b. Evaluators record data using the online observation form.

8.3.c. If an evaluator disagrees with a rating in the Self-reflection, the individual being evaluated has the opportunity to provide evidence to support the Self-reflection rating.

8.3.d. Any evidence collected or provided will be considered by the evaluator when determining the summative rating.

8.4. Goal Setting. Educators shall complete the goal setting process on or before November 1.

W. Va. Code R. § 126-142-9 Plans to Support Improvement

9.1. Plans to Support Improvement. A plan to support improvement shall be developed by the evaluator and the educator when an educator's performance indicates an area of concern and/or the educator is rated Unsatisfactory in any area of the educator’s responsibilities. There are two types of plans:

9.1.a. Focused Support Plan (FSP). A proactive measure that supports individual improvement and professional growth. The FSP, and its implementation, is an improvement process between the educator and the evaluator. The FSP may commence only after a purposeful conversation between the educator and the evaluator, and when there is documented evidence indicating an area of concern based on one or more of the performance standards, and after at least one observation and conference is complete for the educator. The FSP, and its implementation, is an improvement process between the educator and the evaluator. The FSP spans at minimum nine weeks and may commence at any time during the school year and may be repeated once per plan.

9.1.a.1. The FSP must include the following essential components: a) identified area of concern with reference to the standards to be addressed, b) expectations for change, c) nine week timeline for implementation, and d) resources for support.

9.1.a.2. The following supports may be considered to meet individual needs: a) professional development, b) coaching/instructional support, c) mentoring, d) peer observation, e) programs of study, and f) other supports and resources.

9.1.a.3. The FSP enacted for an educator may address an area of concern involving student learning goals when in conjunction with one or more of the performance standards. School-wide student growth performance levels cannot be considered in a FSP.

9.1.a.4. At the conclusion of the nine week FSP, if evidence demonstrates that the standard has been met, then the plan is successfully completed. If evidence demonstrates that adequate progress has been made but the standard has not been met, the FSP will continue for a second nine week period. In the event of inadequate progress on the standard related to the area of concern, an evaluation will be completed and a CAP will be initiated.

9.1.b. Corrective Action Plan (CAP). The CAP is initiated when a FSP results in inadequate progress and when an evaluation is completed that shows unsatisfactory performance based on one or more of the standards or when certain instances of misconduct as specified in W. Va. Code §18A-2-8 may require immediate action and/or a CAP. The CAP may address unsatisfactory performance involving student learning goals when in conjunction with one or more of the standards. A minimum of one observation must be complete for the educator prior to the beginning of a CAP. The CAP spans 18 weeks and may commence at any time during the school year.

9.1.b.1. The CAP must include the following essential components: a) identified area of unsatisfactory performance with reference to the standard(s) to be addressed; b) timeline for implementation; and c) resources for support, including referral to other educators.

9.1.b.2. The CAP is determinative and may not be repeated. Evidence of adequate progress must be demonstrated by the conclusion of the 18 week CAP. If evidence does not demonstrate that adequate progress has been made at the conclusion of the 18 week period, termination for unsatisfactory performance shall ensue. The area of unsatisfactory performance, with reference to the standards, guides the choice of evidence within a CAP. This evidence may include observation, if appropriate.

9.1.b.3. Unsatisfactory performance related to a single element is addressed through quality sustained job-embedded professional development and support. Two consecutive Unsatisfactory performance-level summative ratings related to the same element are addressed through evaluation based on the rubrics associated with the standard that addresses the educator’s professional responsibilities for self-renewal that stipulate professional self-renewal as a requirement. Unsatisfactory performance related to a single element cannot initiate a CAP.

9.2. If an educator transfers within the county, as determined by county policy, or to any other county within the state during the implementation of a FSP, the existence of a FSP shall be noted in the online system. The new supervisor will conduct a conference and an observation of the educator to determine the need and parameters of a continued FSP.

9.3. If an educator transfers within the county, as determined by county policy, or to any other county within the state during the implementation of a CAP, the plan is noted in the online system and transferred to the new supervisor for continuation.

9.4. Unsatisfactory performance in any area of the Professional Conduct Standard results in an Unsatisfactory rating of the standard.

9.4.a. Certain instances of misconduct as specified in W. Va. Code §18A-2-8 may require immediate disciplinary action and/or a CAP.

9.4.b. Instances of unsatisfactory Professional Conduct not specified in W. Va. Code §18A-2-8 shall result in either a FSP or CAP determined at the discretion of the evaluator.

9.5. Nothing in this section shall supersede the provisions of W. Va. Code §§18-2E-6, 18‑3‑4, or 18A‑2‑8.

W. Va. Code R. § 126-142-10 Evaluation Process for School Leaders

10.1. All school leaders shall participate in an annual summative evaluation conference on or before July 1 that is recorded in the online evaluation system.

10.2. The school leader’s evaluator is responsible for monitoring performance and for preparing the online evaluation.

10.3. The purpose of the evaluation is to set high standards of performance for school leaders, ensure high-quality leadership focused on increasing student achievement, and encourage continuous growth and improvement through personal reflection and goal setting.

10.4. The school leader and the evaluator will mutually establish annual written goals for the administrator's performance evaluation on or before November 1. The goals shall be related to student learning and the school leaders’ job responsibilities as described in the leadership standards. The school leader shall review school-wide data to establish a student learning goal and identify strategies and measures that will be provided to document progress on the student learning goal. The second goal shall be derived from the Self-reflection based on the West Virginia Professional Leader Standards.

10.5. The school leaders will annually administer a stakeholder survey on the overall effectiveness of the school during the second semester. The surveys will provide the school leader(s) with perceptual data to share with the evaluator at the year-end conference.

10.6. The evaluator will document the performance rating on each standard using the online evaluation form and schedule a year-end evaluation conference with the school leader to share results on or before July 1. The school leader’s signature in the online system denotes that the evaluator has reviewed the evaluation with the school leader. The school leader’s signature does not imply concurrence with the evaluation and/or its rating. The school leader has the right to include a statement as an addendum to the evaluation. An addendum and the signature of the school leader must be submitted no later than five working days following the date of the conference.

W. Va. Code R. § 126-142-11 School Leader Evaluation Standards

11.1. School leaders shall be evaluated based on their performance within the following nine standards which determine 80 percent of the summative evaluation rating:

11.1.a. Interpersonal and Collaborative Skills. The school leader demonstrates effective and professional interpersonal and collaborative skills.

11.1.b. Clear and Focused Learning Mission. The school leader facilitates the development of the strategic plan including a clear vision, mission, and goals.

11.1.c. Rigorous Curriculum, Engaging Instruction, and Balanced Assessments. The school leader provides instructional leadership to establish and support a student-centered learning environment.

11.1.d. Positive Learning Climate and Cohesive Culture. The school leader builds and sustains a safe and positive climate and cohesive culture.

11.1.e. Professional Growth and Retention of Quality Staff. The school leader identifies, supports, and participates in professional development.

11.1.f. Support Systems for Student Success. The school leader creates and supports practices that address students’ physical, social-emotional, and academic needs.

11.1.g. Operations to Promote Learning. The school leader demonstrates a proactive approach in effectively managing the resources and operations of the school.

11.1.h. Family and Community Connections. The school leader communicates and creates partnerships to engage students, staff, families, and the community.

11.1.i. Continuous Improvement. The school leader ensures continuous improvement through the implementation and monitoring of the strategic plan.

11.2. Student Growth. School leaders shall be evaluated based on demonstration of their students’ success through multiple measures which determines 20 percent of the summative evaluation rating as determined by the results of the school leader’s two goals.

11.3. Professional Conduct. The Professional Conduct standard allows educators to address areas of concern without necessitating an improvement plan. The Professional Conduct performance standard does not, however, supplant code and policy to which educators remain fully accountable and is not determinative of whether behavior is correctable. Certain violations may be corrected by implementation of an improvement plan; others will require immediate action. The standard addresses the following areas: Adhering to Policy and Procedure; Professional Attendance; Adhering to Schedule; and Respect. An Unsatisfactory rating in any of these areas prompts a standard performance rating of Unsatisfactory.

W. Va. Code R. § 126-142-12 Evaluation Process for Teachers

12.1. All teachers shall participate in an annual summative evaluation conference on or before the teacher’s final day in the classroom for the school year, or on or before June 15 of the school year, whichever occurs first. The evaluation is recorded in the online evaluation system.

12.2. The teacher’s evaluator is responsible for monitoring performance and for preparing the evaluation.

12.3. The purpose of the evaluation is to set high standards of performance for teachers, ensure high-quality instruction focused on increasing student achievement, encourage continuous growth and improvement through personal reflection and goal setting, and serve as a tool in developing coaching and mentoring programs for teachers.

12.4. Observations are to last the length of a lesson, but not less than 30 minutes. Evaluators record data using the Observation form. Teachers shall have access to the completed Observation form prior to the conference, which shall be scheduled and conducted within 10 days of the observation. Teachers and evaluators exchange reflection and feedback and identify strategies and resources. They likewise review any additional evidence presented at the conference. Evidence accumulated as part of the observation is considered in the determination of the summative performance rating.

12.4.a. Teachers in the Initial Progression will be observed a minimum of four times for the summative performance evaluation. Two observations shall be scheduled with the teacher and shall be conducted during an instructional activity.

12.4.a.1. The first instructional observation and conference shall be completed on or before November 1.

12.4.a.2. The second observation and conference shall be completed between November 1 and January 1.

12.4.a.3. The third observation and conference shall be completed between January 1 and March 1.

12.4.a.4. The final observation and conference shall be completed between March 1 and May 1.

12.4.b. Teachers in the Intermediate Progression will be observed a minimum of two times for the summative performance evaluation. The supervisor shall schedule one of the two observations with the teacher.

12.4.b.1. The first observation and conference shall be completed on or before November 1.

12.4.b.2. The second observation and conference shall be completed on or before May 1.

12.4.c. Teachers in the Advanced Progression may request an observation(s) be conducted by the evaluator. The evaluator shall conduct the requested observation(s) within a timeframe established through communication between the teacher and the evaluator.

12.5. Evaluators may observe teachers at any time.

12.6. Lesson plans may not be used as a substitute for observations.

12.7. Teachers annually develop two Student Learning Goals and submit them via the online system to their evaluator for review on or before November 1. The goals shall be related to improving student achievement. The determination of the goals shall be based on the identified needs of the students, which shall include a consideration of gaps in performance. All teachers in grades Kindergarten through Grade 3 shall include a goal to address increasing students’ reading and math proficiency. Evaluators verify that the goals are rigorous, measurable, and comparable across classrooms. Evaluators may request goals be modified.

12.8. Teachers submit evidence for each goal to validate progress of student learning and briefly describe results on both Student Learning Goals. Evaluators review results and record a performance level for the Student Learning performance standard.

12.9. Itinerant teachers, not assigned a home school, shall be assigned an immediate supervisor by the county superintendent for purposes of evaluation.

12.10. The evaluator shall share the evaluation with the teacher during a scheduled conference and the educator will accept the evaluation rating on or before June 15 with the option to append.

12.11. The teacher’s signature in the online system denotes that the evaluator has reviewed the evaluation with the teacher. The teacher’s signature does not imply concurrence with the evaluation and/or its rating. The teacher has the right to include a statement as an addendum to the evaluation. An addendum and the signature of the teacher must be submitted no later than five working days following the date of the conference.

W. Va. Code R. § 126-142-13 Teacher Evaluation Standards and Elements

13.1. West Virginia Professional Teaching Standards. Teachers shall be evaluated based on their performance within the following five standards which determine 80 percent of the summative evaluation rating:

13.1.a. Curriculum and Planning.

13.1.a.1. Element 1.1. The teacher demonstrates a deep and extensive knowledge of the subject matter.

13.1.a.2. Element 1.2. The teacher designs standards-driven instruction using state-approved standards.

13.1.a.3. Element 1.3. The teacher uses a balanced assessment approach to guide student learning.

13.1.b. The Learner and the Learning Environment.

13.1.b.1. Element 2.1. The teacher understands and responds to the unique characteristics of learners.

13.1.b.2. Element 2.2. The teacher establishes and maintains a safe and appropriate learning environment.

13.1.b.3. Element 2.3. The teacher establishes and maintains a learner-centered culture.

13.1.c. Teaching.

13.1.c.1. Element 3.1. The teacher utilizes a variety of research-based instructional strategies.

13.1.c.2. Element 3.2. The teacher motivates and engages students in learning, problem solving and collaboration.

13.1.c.3. Element 3.3. The teacher adjusts instruction based on a variety of assessments and student responses.

13.1.d. Professional Responsibilities for Self-Renewal.

13.1.d.1. Element 4.1. The teacher engages in professional development for self-renewal that guides continuous examination and improvement of professional practice.

13.1.d.2. Element 4.2. The teacher actively engages in collaborative learning opportunities for self-renewal with colleagues.

13.1.e. Professional Responsibilities for School and Community.

13.1.e.1. Element 5.1. The teacher participates in school-wide collaborative efforts to support the success of all students.

13.1.e.2. Element 5.2. The teacher works with parents, guardians, families, and community entities to support student learning and well-being.

13.1.e.3. Element 5.3. The teacher promotes practices and policies that improve school environment and student learning.

13.2. Student Growth. Teachers shall be evaluated based on demonstration of their students’ success through multiple measures which determine 20 percent of the summative evaluation rating as determined by the results of the teacher’s student learning goals.

13.3. Professional Conduct. The Professional Conduct standard allows educators to address areas of concern without necessitating an improvement plan. The Professional Conduct performance standard does not, however, supplant code and policy to which educators remain fully accountable and is not determinative of whether behavior is correctable. Certain violations may be corrected by implementation of an improvement plan; others will require immediate action. The standard addresses the following areas: Adhering to Policy and Procedure; Professional Attendance; Adhering to Schedule; and Respect. An Unsatisfactory rating in any of these areas prompts a standard performance rating of Unsatisfactory.

W. Va. Code R. § 126-142-14 Evaluation Process for School Counselors

14.1. All school counselors shall participate in an annual evaluation conference on or before June 15 that is recorded in the online evaluation system.

14.2. The evaluator is responsible for monitoring performance and for preparing the online evaluation. When school counselors are in multiple schools, school counselors will consult with the county superintendent and the school leader at their home school to identify their evaluator(s).

14.3. The purpose of the evaluation is to set high standards of performance for school counselors, ensure high-quality instruction focused on increasing student achievement, and encourage continuous growth and improvement through personal reflection and goal setting.

14.4. School counselors annually develop two goals targeted at performance improvement and submit them electronically to their evaluator for review on or before November 1. Evaluators may request goals be modified. Goals account for 15 percent of a school counselor’s annual evaluation.

14.5. School counselors may submit evidence for each goal to validate progress of student impact and briefly describe results on both goals. Evaluators review results and record a performance level for the goals.

14.6. Observations may be requested by the school counselor or the evaluator at any time for activities of a non-confidential nature. The evaluator shall conduct requested observations within a timeframe established through communication between the school counselor and the evaluator.

14.7. The school counselor’s signature in the online system denotes that the evaluator has reviewed the evaluation with the school counselor. The school counselor’s signature does not imply concurrence with the evaluation and/or its rating. The school counselor has the right to include a statement as an addendum to the evaluation. An addendum and the signature of the school counselor must be submitted no later than five working days following the date of the conference.

W. Va. Code R. § 126-142-15 School Counselor Evaluation Standards and Elements

15.1. The following elements describe important competencies of effective school counselors based on observable behaviors and artifacts of practice. These elements reflect best practices as illustrated in the West Virginia School Counseling Model (found on the WVDE’s website at https://wvde.us/wv-school-counselors).

15.2. Standard 1. Program Planning, Design and Management.

15.2.a. Element 1.1. The school counselor assumes leadership in planning, designing and advocating for a balanced, comprehensive school counseling program aligned with the state model.

15.2.b. Element 1.2. The school counselor manages the school counseling program and documents alignment with the West Virginia School Counseling Model.

15.3. Standard 2. Program Delivery.

15.3.a. Element 2.1. The school counselor facilitates a coordinated, integrated approach to the delivery of the W. Va. 126CSR44U, Policy 2520.19, West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12.

15.3.b. Element 2.2. The school counselor utilizes research-based and best practices as reflected by state school counseling protocols.

15.3.c. Element 2.3. The school counselor facilitates the delivery of a continuum of interventions and responsive services.

15.3.d. Element 2.4. The school counselor coordinates a seamless, systematic approach to providing student support systems.

15.3.e. Element 2.5. The school counselor participates in and/or facilitates a coordinated approach to individual student academic and career planning.

15.4. Standard 3. Data Driven Accountability and Program Evaluation.

15.4.a. Element 3.1. The school counselor guides continuous program improvement through multiple forms of evaluation.

15.5. Standard 4. Leadership and Advocacy.

15.5.a. Element 4.1. The school counselor advocates for the success of all students by promoting equity and access.

15.5.b. Element 4.2. The school counselor collaborates with various stakeholders.

15.6. Standard 5. Professional Growth and Responsibilities.

15.6.a. Element 5.1. The school counselor seeks ongoing, relevant professional development.

15.6.b. Element 5.2. The school counselor demonstrates professional and ethical practices.

15.6.c. Element 5.3. The school counselor contributes to the growth of the profession.

15.7. Student Impact. School counselors shall be evaluated based on demonstration of their students’ success through multiple measures which determines 15 percent of the summative evaluation rating.

15.8. Professional Conduct. The Professional Conduct standard allows educators to address areas of concern without necessitating an improvement plan. The Professional Conduct performance standard does not, however, supplant code and policy to which educators remain fully accountable and is not determinative of whether behavior is correctable. Certain violations may be corrected by implementation of an improvement plan; others will require immediate action. The standard addresses the following areas: Adhering to Policy and Procedure; Professional Attendance; Adhering to Schedule; and Respect. An Unsatisfactory rating in any of these areas prompts a standard performance rating of Unsatisfactory.

W. Va. Code R. § 126-142-16 Evaluation Process for Professional Support Personnel and Central Office Personnel

16.1. Professional support and central office personnel shall receive a written evaluation a minimum of one time per year.

16.2. The immediate supervisor, as defined by the county superintendent, is responsible for monitoring performance and professional conduct and for preparing the written evaluation. When monitoring professional conduct, consideration should be given to the following: adhering to policy and procedure; professional attendance; adhering to schedule; and respect.

16.3. The purpose of the evaluation is to improve the professional support and central office employee’s performance and professional growth. The professional support/central office employee and the immediate supervisor will mutually establish annual written goals for the professional support employee’s performance evaluation on or before November 1. The goals shall be related to the professional support/central office employee’s job responsibilities. In addition to the goal setting conference, the professional support/central office employee and the supervisor will meet at least once annually to review progress toward meeting the established goals. The supervisor will schedule an evaluation conference with the professional support/central office employee to share findings and prepare the written evaluation. The professional support/central office employee shall receive a copy of the evaluation within five working days.

16.4. The primary data source for the performance evaluation will be information and documentation related to the mutually established goals. The professional support/central office employee shall maintain a portfolio of materials that validate progress or completion of the mutually established goals. The professional support/central office employee’s supervisor may also collect documentation relating to these goals. The supervisor will evaluate the professional support/central office employee’s performance using a narrative description to document the progress made toward goal attainment or to document unsatisfactory performance. Because the mutually established goals will be unique to each professional support/central office employee, it follows that the evaluation narrative will focus on the professional support/central office employee’s demonstration of those skills identified in the performance characteristics. Therefore, the evaluation will be goal directed and may incorporate the performance characteristics in the narrative description. The supervisor may include those performance characteristics appropriate to the mutually established goals. The performance characteristics should be identified during the goal setting conference. The portfolios maintained by the professional support/central office employee and the supervisor shall be included as part of the evaluation documentation.

16.5. The professional support/central office employee’s signature on the evaluation form denotes that the supervisor has reviewed the evaluation with the professional support employee. The professional support employee’s signature does not imply concurrence with the evaluation and/or its rating. The professional support employee shall receive a copy of the evaluation. The professional support employee has the right to include a written statement as an addendum to the evaluation. An addendum and the signature of the professional support employee must be affixed to the evaluation not later than five working days following receipt of the written evaluation.

W. Va. Code R. § 126-142-17 Improvement Plan for Professional Support Personnel and Central Office Personnel

17.1. An improvement plan shall be developed by the supervisor and the professional support/central office employee when the professional support employee’s performance is unsatisfactory in any area of responsibility as contained in section 19.

17.2. The improvement plan shall designate how the professional support/central office employee shall meet standards. The improvement plan shall:

17.2.a. identify the deficiency(ies),

17.2.b. specify the corrective action to remediate the deficiency(ies),

17.2.c. contain the time frame for monitoring and deadlines for meeting performance characteristics, and in no case shall the improvement plan be for more than 18 weeks in length, and

17.2.d. describe the resources and assistance available to assist in correcting the deficiency(ies).

17.3. After a professional support/central office employee has successfully corrected deficiencies the professional support/central office employee must continue to meet standards.

17.4. Nothing in this section shall supersede the provisions of W. Va. Code §§18-2E-6, 18‑3‑4, or 18A‑2-8.

W. Va. Code R. § 126-142-18 Improvement Team for Professional Support Personnel and Central Office Personnel

18.1. A referral to an improvement team for the professional support/central office employee whose evaluation is Unsatisfactory may occur when the supervisor determines a need for such assistance. The professional support/central office employee may request the assistance of an improvement team.

18.2. The improvement team shall be comprised of the professional support/central office employee’s immediate supervisor, one additional administrator preferably at the same school level, and one professional educator in the same or related specialization. The professional educator shall be selected by the professional support/central office employee and approved by the county superintendent. The selection of the other members of the improvement team shall be based upon county administrative procedures adopted pursuant to section 3.2.

18.3. The improvement team shall serve only as a resource to the immediate supervisor who shall retain authority for the evaluation.

18.4. The improvement team shall monitor the improvement plan and may: a) conduct observations and conferences, b) provide training to assist the professional support/central office employee in meeting the responsibilities outlined in the plan, and c) identify additional resources. Release time may be provided for professional educators who serve on the improvement team.

W. Va. Code R. § 126-142-19 Professional Support Personnel Responsibilities

19.1. In addition to established laws, policies, rules and regulations, job descriptions for professional support personnel may include the following responsibilities when appropriate:

19.1.a. plans, prepares and implements new programs or facilitates change in the existing program,

19.1.b. organizes, directs, and coordinates programs,

19.1.c. gathers and interprets data for individuals, groups or programs,

19.1.d delivers services to students or others,

19.1.e. collaborates with school personnel and/or parents to coordinate the delivery of services to students or others,

19.1.f. facilitates professional development activities to achieve goals,

19.1.g. develops and improves individual competencies and skills to deliver services, and

19.1.h. demonstrates competency in the knowledge and implementation of technology standards.

W. Va. Code R. § 126-142-20 Professional Support Personnel Performance Characteristics

20.1. Performance characteristics in this section are the state-adopted responsibilities for professional support personnel. The purpose is to clarify responsibilities of the professional support employee and to provide guidance to the professional support employee in understanding job expectations.

20.2. Planning, Preparation, and Implementation.

20.2.a. Engages in activities that prepare for implementation of new programs or facilitates change in existing programs and their implementation. Items that may be used to reflect planning and preparation:

20.2.a.1. identifies needs of students and others,

20.2.a.2. develops action plans based on identified needs,

20.2.a.3. evaluates ongoing programs/plans,

20.2.a.4. revises programs based on assessment,

20.2.a.5. implements ongoing program activities and revises activities as needed, and

20.2.a.6. advises school personnel regarding available resources.

20.3. Administration/Management.

20.3.a. Organizes, directs, or coordinates programs that include responsibility for budgeting, staffing, reporting, and other similar activities. Items that may be used to reflect administration/ management:

20.3.a.1. aids school administration in developing and providing policies and/or programs,

20.3.a.2. establishes and communicates practices and procedures to students, parents, community, and staff,

20.3.a.3. works to integrate program into total school curriculum,

20.3.a.4. prepares thorough and accurate reports in a timely manner, and

20.3.a.5. makes recommendations to modify the school program to meet individual students’ needs.

20.4. Assessment/Evaluation.

20.4.a. Gathers and interprets data from individual, groups, or programs to evaluate needs and programs. Items that may be used to reflect assessment/evaluation:

20.4.a.1. explains nature and purpose of assessment in an understandable manner,

20.4.a.2. demonstrates knowledge of theories, techniques, and instruments used for assessment,

20.4.a.3. follows confidentiality procedures,

20.4.a.4. makes provisions for the attainment and evaluation of program goals, and

20.4.a.5. communicates effectively with school personnel, students, parents, and the community.

20.5. Intervention.

20.5.a. Delivers services to students and others to improve skills/functional abilities or inform recipients of services. Items that may be used to reflect intervention:

20.5.a.1. provides activities to foster the development of the whole child/student,

20.5.a.2. demonstrates positive interpersonal relationships with students, educational staff, parents, and the community,

20.5.a.3. assists teachers and students in implementing plans/strategies,

20.5.a.4. involves students in setting objectives, and

20.5.a.5. uses systematic processes to assess needs, plan interventions, and evaluate outcomes.

20.6. Collaboration.

20.6.a. Collaborates with school personnel, parents, and the community to assist with and coordinate the delivery of services to students. Items that may be used to reflect collaboration:

20.6.a.1. presents information about services offered to students, school personnel, parents, and the community,

20.6.a.2. assists parents and students with individual needs to secure available services,

20.6.a.3. creates a positive climate during consultation,

20.6.a.4. serves on or leads multidisciplinary teams, and

20.6.a.5. respects values different from the employee’s own.

20.7. Professional Development.

20.7.a. Facilitates professional development activities to achieve goals. Items that may be used to reflect professional development:

20.7.a.1. seeks input from staff,

20.7.a.2. plans, implements, and evaluates professional development programs,

20.7.a.3. disseminates information at meetings, and

20.7.a.4. develops procedures and provides training for school personnel, students, and parents.

20.8. Professional Responsibilities.

20.8.a. Develops and improves individual competence and skill in delivering services consistent with professional standards. Items that may be used to reflect professional responsibilities:

20.8.a.1. behaves in an ethical manner,

20.8.a.2. demonstrates understanding of own professional limitations,

20.8.a.3. continues professional development by keeping abreast of current trends,

20.8.a.4. keeps appointments and follows up with commitments,

20.8.a.5. adheres to established regulations, policies, rules, and laws, and

20.8.a.6. commands respect by example in appearance, manners, behavior, and language.

20.9. Technology Standards.

20.9.a. Demonstrates competence and knowledge in the implementation of technology standards identified by the WVBE policies which are based on the International Society for Technology in Education (ISTE) Standards. Items that may be used to reflect instructional leadership competencies:

20.9.a.1. demonstrates a sound understanding of technology operations and concepts,

20.9.a.2. applies technology to facilitate a variety of effective assessment and evaluation strategies,

20.9.a.3. uses technology to enhance productivity and professional practice, and

20.9.a.4. understands the social, ethical, legal, and human issues surrounding the use of technology in pre-k-12 schools and applies that understanding in practice.

W. Va. Code R. § 126-142-21 Evaluation Process for Athletic Coaches

21.1. The primary purpose of the evaluation is to provide information necessary to make an objective assessment of the performance of coaches and assistant coaches and to assure that quality coaching is provided to the student athlete.

21.2. A minimum of one written evaluation per coach's and assistant coach’s contract period is required each year.

21.3. Principals, assistant principals, or athletic directors who hold an administrative certificate according to W. Va. Code §18A-2-12 shall evaluate coaches and assistant coaches. The evaluator is responsible for monitoring performance and professional conduct and for preparing the written evaluation. When monitoring professional conduct, consideration should be given to the following: adhering to policy and procedure; professional attendance; adhering to schedule; and respect.

21.4. The principal, assistant principal, or athletic director shall conduct observations and evaluations of head coaches. A minimum of two observations is required for each evaluation.

21.5. The principal, assistant principal, or athletic director, with input from the head coach, shall conduct observations and evaluations of assistant coaches. A minimum of two observations is required for each evaluation.

21.6. The principal, assistant principal, or athletic director shall share the evaluation with the coach/assistant coach during a scheduled conference and within a four week period at the conclusion of each sport’s season as defined by West Virginia Secondary School Activities Commission (WVSSAC).

21.7. The coaches and assistant coaches have the right to include a written statement as an addendum to the evaluation.

21.8. The coach and/or assistant coach shall sign the evaluation form denoting that the supervisor has reviewed the evaluation and the coach and/or assistant coach has received a copy. The signature shall not imply concurrence with the findings.

W. Va. Code R. § 126-142-22 Improvement Plan for Athletic Coaches

22.1. An improvement plan shall be developed by the principal, assistant principal, or athletic director who holds an administrative certificate, when a coach's performance is unsatisfactory in an area of coaching responsibility.

22.2. The improvement plan shall designate how the coach shall meet performance criteria. The improvement plan shall:

22.2.a. identify the deficiency(ies),

22.2.b. specify the corrective action to remediate the deficiency(ies),

22.2.c. contain the time frame for monitoring and deadlines for meeting the criteria, and in no case shall an improvement plan be for more than one semester in length, and

22.2.d. describe the resources and assistance available to assist in correcting the deficiency(ies).

22.3. After a coach has successfully corrected deficiency(ies) the coach must continue to meet standards.

22.4. Nothing in this section shall supersede the provisions of W. Va. Code §§18-2E-6, 18‑3‑4, or 18A‑2-8.

W. Va. Code R. § 126-142-23 Improvement Team for Athletic Coaches

23.1. A referral to an improvement team for a coach whose evaluation is Unsatisfactory may occur when the supervisor determines the need for such assistance. The coach may request the assistance of an improvement team.

23.2. The improvement team shall be comprised of the coach’s immediate supervisor, one additional administrator, and one coach in the same or related sport. The coach who will serve as a member of the improvement team shall be selected by the coach and approved by the county superintendent. The selection of the other members of the improvement team shall be based upon county administrative procedures adopted pursuant to section 3.2.

23.3. The improvement team shall serve only as a resource to the immediate supervisor who shall retain authority for the evaluation.

23.4. The improvement team shall monitor the improvement plan and may: a) conduct observations and conferences, b) provide training to assist the coach in meeting the performance criteria outlined in the plan, and c) identify additional resources.

23.5. Release time may be provided for employees who serve on the improvement team.

W. Va. Code R. § 126-142-24 Athletic Coaches’ Responsibilities

24.1. In addition to established laws, rules, policies, and regulations, job descriptions for coaching shall include the following responsibilities:

24.1.a. communicating with parents and the educational community (see section 25.2), and

24.1.b. implementing fundamental sports skills and sports management systems (see section 25.3).

W. Va. Code R. § 126-142-25 Athletic Coaches’ Performance Criteria

25.1. Performance criteria in this section are the state-adopted responsibilities for coaches. The purpose is to clarify coaching responsibilities and help provide guidance to the coach in understanding job expectations.

25.2. Professional and Interpersonal Relations.

25.2.a. Communicates with educational personnel, parents, students, and others. Items that may be used to reflect professional and interpersonal relations:

25.2.a.1. cooperates with building principal,

25.2.a.2. cooperates with athletic director,

25.2.a.3. develops rapport with coaching staff within the school,

25.2.a.4. organizes coaching staff,

25.2.a.5. develops positive relationship with participants,

25.2.a.6. develops positive relationship with student body,

25.2.a.7. develops positive relationship with faculty,

25.2.a.8. develops positive relationship with parents and community,

25.2.a.9. develops positive relationship with game officials,

25.2.a.10. develops positive relationship with news media,

25.2.a.11. develops positive relationship with opponents,

25.2.a.12. employs appropriate conduct during games,

25.2.a.13. employs appropriate conduct during practices,

25.2.a.14. attends league, conference, and WVSSAC meetings,

25.2.a.15. participate in activities that foster professional growth and development,

25.2.a.16. motivates staff and players toward desired goals, and

25.2.a.17. commands respect by example in appearance, manners, behavior, and language.

25.3. Coaching and Related Areas.

25.3.a. Organizes strategies for teaching sports skills and sports management systems. Items that may be used to reflect coaching and related areas:

25.3.a.1. develops high caliber and quality instruction,

25.3.a.2. teaches fundamental skills,

25.3.a.3. handles athletic injuries,

25.3.a.4. cares for equipment,

25.3.a.5. supervises participants and disciplines team appropriately,

25.3.a.6. designs quality organization of practice sessions,

25.3.a.7. designs pre-season planning,

25.3.a.8. supervises managers and other support personnel,

25.3.a.9. manages budget,

25.3.a.10. follows purchasing procedures,

25.3.a.11. initiates game organization skills,

25.3.a.12. follows league, conference, and WVSSAC policies,

25.3.a.13. devotes time and energy to coaching duties, and

25.3.a.14. follows end of season procedures.

W. Va. Code R. § 126-142-26 Severability

26.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 143 County Superintendent Performance Evaluations (Policy 5309)

W. Va. Code R. § 126-143-1 General

1.1. Scope. -- This rule governs the approval of processes by which county boards of education (county board) annually evaluate the performance of their superintendents.

1.2. Authority. -- W. Va. Constitution, Article XII, §2 and W. Va. Code §18-2-5 and §18-4-6.

1.3. Filing Date. -- August 16, 2021.

1.4. Effective Date. -- September 15, 2021.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR143, Policy 5309, County Superintendent Performance Evaluations, filed December 12, 2003, and effective January 11, 2004.

W. Va. Code R. § 126-143-2 Purpose

2.1. The purpose of this policy is to prescribe how the West Virginia Board of Education (WVBE) will exercise authority set forth in W. Va. Code §18-4-6 which requires the WVBE to authorize the processes by which county boards shall annually evaluate the performance of county superintendents.

W. Va. Code R. § 126-143-3 Responsibilities

3.1. Each county board shall annually evaluate the performance of its superintendent in accordance with a process authorized by the WVBE pursuant to this policy.

3.2. A county board shall not evaluate its superintendent using a process that has not been approved by the WVBE.

3.3. Nothing in this policy shall be interpreted to require a county board to evaluate an interim superintendent serving pursuant to W. Va. Code §18-4-1.

3.4. During any period the WVBE intervenes in the operation of a school system pursuant to W. Va. Code §18-2E-5, the county board shall not evaluate the superintendent’s performance unless directed to do so by the State Superintendent of Schools (State Superintendent).

W. Va. Code R. § 126-143-4 Evaluation Processes for School Year 2022-2023 and Subsequent Years

4.1. Beginning with the 2022-2023 school year, before evaluating the annual performance of the superintendent, the county board shall submit to the State Superintendent, for approval by the WVBE, a written description of the proposed evaluation process adopted by the county board, including a copy of evaluation forms to be used as part of the process.

4.1.a. In order to receive WVBE approval by July 1, the county board must submit its proposed evaluation process to the State Superintendent before the preceding December 31.

4.1.b. If the State Superintendent determines a proposed evaluation process submitted by the county board meets the mandatory requirements of section 5, the State Superintendent shall bring the proposal to the WVBE for consideration.

4.1.c. If the State Superintendent determines an evaluation process proposed by the county board does not meet the requirements of section 5, the State Superintendent shall return the proposal to the county board, identifying areas of noncompliance. After revising the proposed process to comply with the requirements of section 5, the county board shall submit to the State Superintendent the revised evaluation process for approval by the WVBE.

4.2. If the WVBE does not approve a county board’s proposed evaluation process, the county board shall revise the evaluation process to address the WVBE’s concerns and submit the revised evaluation process to the State Superintendent for approval by the WVBE.

4.3. Once the WVBE approves the county board’s process for evaluating the superintendent’s performance, the county board shall continue to utilize the approved process until the WVBE authorizes or requires the county board to employ a different process.

4.4. If a county board wishes to revise the superintendent evaluation process, the county board must submit the process for review to the State Superintendent and obtain WVBE approval.

W. Va. Code R. § 126-143-5 Required Criteria

5.1. The process by which the county board shall annually evaluate the performance of the superintendent shall include the following criteria:

5.1.a. Before September 15, the county board and the superintendent shall annually establish written, measurable, and timely goals or objectives for the superintendent to accomplish. Each goal or objective shall include a specific timeline for completion. The timeline need not be the same for each goal or objective, and the timeline for any goal or objective may extend beyond the end of the current school year. At least one goal must relate to student achievement.

5.1.a.1. Goals addressing student success and well-being, including the required student achievement goal, must support progress of the established county strategic plan goals.

5.1.b. The process shall specify how the goals or objectives will be established when the county board and the superintendent seem unable to agree. The process may provide that the parties petition the WVBE to designate an individual to facilitate agreement on goals or objectives, that the county board will engage the West Virginia School Board Association and the West Virginia Association of School Administrators to facilitate agreement, or that another specific procedure will be followed to break the impasse.

5.1.b.1. In a manner determined by the county board and superintendent, the process considers input from other parties, such as citizens and school employees.

5.1.c. The process shall require the county board to annually assess the superintendent’s achievement of the written goals or objectives before June 30, except that the assessment shall be made before March 1 if the superintendent’s contract is set to expire on the ensuing June 30.

5.1.d. The process shall require the county board to annually, before June 30, evaluate the superintendent’s success in improving student achievement generally across the county and specifically as it relates to the management and administration of low performing schools, except that this evaluation shall be made before March 1 if the superintendent’s contract is to expire on the ensuing June 30.

5.1.e. The process shall require the county board to evaluate the superintendent’s performance in executive session, and to make available to the public a general statement about the evaluation process and the overall result and progress in meeting goals. The process shall specify how the county board will arrive at the general statement about the evaluation process and the overall result.

5.1.f. The process shall allow for the release of additional information about the evaluation only by mutual consent of the superintendent and the county board.

W. Va. Code R. § 126-143-6 Optional Criteria

6.1. The process by which the county board shall annually evaluate the performance of its superintendent may include these criteria:

6.1.a. The process may require or allow the county board to annually, before June 30, assess the superintendent’s performance in the areas of community relations, school finance, personnel relations, curricular standards and programs, and overall leadership of the across the county as indicated primarily by improvements in student achievement, testing and assessment, except that this assessment shall be made before March 1 if the superintendent’s contract is to expire on the ensuing June 30. If the process includes such assessments, the process shall specify how the assessments will be made, including any ratings or rankings that will be employed.

6.1.b. The process may require or allow the county board to assess annually, before June 30, the superintendent’s performance of any of the other duties of the chief executive officer of the county board as delineated in the superintendent’s contract or other written agreement with the county board [W. Va. Code §18-4-10(1)], and the degree to which the superintendent keeps the county board apprised continuously of any issues that affect the county board or its schools, programs, and initiatives. [W. Va. Code §18-4-10(9).]

W. Va. Code R. § 126-143-7 Catalog of Evaluation Instruments

7.1. The West Virginia School Board Association shall maintain a catalog of evaluation instruments which comply with this policy and shall make them available to county boards.

W. Va. Code R. § 126-143-8 Use of Evaluation Results

8.1. A county board may use the results of its evaluation of the superintendent’s performance to determine whether to offer the superintendent a new contract and the level of compensation or benefits to offer the superintendent in any new contract.

W. Va. Code R. § 126-143-9 Evaluation Training

9.1. As an integral part of the process for evaluating the performance of superintendents for the 2022-2023 school year and subsequent school years, all county board members and superintendents shall receive evaluation training approved by the WVBE and conducted jointly by the West Virginia School Board Association and the West Virginia Association of School Administrators.

W. Va. Code R. § 126-143-10 Severability

10.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR143

126CSR143

Series 144 Principals Responsibilities And Performance Standards (5312)

W. Va. Code R. § 126-144-1 General

1.1. Scope. -- This legislative rule established county job descriptions for principals and suggested performance standards that must be developed by the county board of education for each state and county adopted responsibility.

1.2. Authority. -- W.Va. Code §§18-2-5; 18A-2

1.3. Filing Date. -- January 22, 1985

1.4. Effective Date. -- March 22, 1985

1.5. Repeal of Former Rule -- None - This was a new policy.

W. Va. Code R. § 126-144-2 Applicability

This policy applies only to principals. The performance standards have been developed to clarify the job responsibility and give counties directions in developing their performance standards.

W. Va. Code R. § 126-144-3 Eligibility

In order to be evaluated under this policy, the employee must be a principal. .

3.1. The county job descriptions for principals shall include the following responsibilities:

a. Providing instructional leadership and support within the school building, including coordination of the delivery of learning outcomes, b. Creating a climate conducive to teaching and learning, c. Implementing a system to monitor student progress, Repealed by Series 142 Aug. 20, 92 d. Establishing and implementing a school improvement process, e. Establishing good public and employee relations, f. Evaluating personnel under his/her supervision, g. Maintaining professional work habits, and h. Maintaining and upgrading his/her professional skills.

W. Va. Code R. § 126-144-4 Performance standards

Performance standards shall be developed by county boards of education for each state and county adopted responsibility. Performance standards shall be clearly defined to enable all employees to understand their job performance expectations. The indicators provided are not required. Their purpose is to help clarify the responsibility and provide guidance to the development of performance standards.

4.1. Instructional leadership.

a. Knowledge of area of responsibility, b. Observe student/teacher personnel, c. Review instructional plans, d. Coordinate professional development, e. Monitor use of instructional time, f. Scheduling, g. Judgment/decision-making.

4.2. Learning climate ...

a. Academic focus, b. Discipline, :

c. Homework.

4.3. Student progress.

Establishes data base.

4.4. School improvement process.

a. Assessment, b. Priority establishment.

4.5. Relationships.

a. Involves community in planning and review progress, :

b. Keeps parents informed about school/student progress, -.

c. Accessibility.

4.6. Personnel evaluation.

a. Conducts observation, b. Timely evaluations.

4.7. Professional work habits.

a. Confidentiality, b. Attitudes, c. Attendance, d. Respect for individual differences.

4.8. Professional growth.

a. Staff development activities, b. Advanced degrees, c. Professional associations, d. Research, e. Updating through journals, f. Conferences, and g. Professional growth plans.

Series 145 Central Office/Professional Support Personnel Responsibilities And Performance Standards (5313)

W. Va. Code R. § 126-145-1 General

1.1. Scope. -- This legislative rule established county job descriptions for Central Office/ Professional Support Personnel and suggested performance standards that must be developed by the county board of education for each state and county adopted responsibility.

1.2. Authority. -- W. Va. Code §18-2-5; 18A-2

1.3. Filing Date. -- January 22, 1985

1.4. Effective Date. -- March 22, 1985

1.5. Repeal of Former Rule - None - This was a new policy.

W. Va. Code R. § 126-145-2 Applicability

This policy applies only to central office/professiona support personnel. The performance standards have been developed to clarify the job responsibility and give counties directions in developing their performance standards. - -

W. Va. Code R. § 126-145-3 Eligibility. - In order to be evaluated under this policy, the employee must be a central office/professional support personnel

3.1. The county job descriptions for central office administrative personnel and professional support personnel (such as nurses, media and counselor) shall include the following responsibilities:

a. Leadership and support in their area of responsibility, b. Establishing and implementing an improvement process for their area of responsibility, c. Establishing good public and employee relations in their area of responsibility, d. Maintaining professional work habits, e. Maintaining and upgrading his/her professional skills, and f. Evaluating personnel under his/her supervision.

W. Va. Code R. § 126-145-4 Performance standards

Performance standards shall be developed by county boards of education for each state and county adopted responsibility. Performance standards shall be clearly defined to enable all employees to understand their job performance expectations. The indicators provided are not required. Their purpose is to help clarify the responsibilities and give guidance to the development of performance standards.

4.1. Leadership.

a. Knowledge of area of responsibility.

b. Planning.

c. Scheduling, d. Judgment.

4.2. Program improvement process.

a. Assessment.

b. Trend reports.

c. Priority establishment.

4.3. Relationships. --a. Accessibility.

b. Public relations. c. Employer relations.

4.4. Professional work habits.

a. Confidentiality. .

b. Attitudes. \c. Attendance.

d. Respect for individual differences.

4.5. Professional growth.

a. Staff development activities, b. Advanced degrees, c. Professional associations, d. Research, e. Updating through journals, f. Conferences, and g. Professional growth plans.

4.6. Personnel evaluation.

a. Conducts observation.

b. Timely evaluations.

Series 146 Service Personnel Responsibilities and Performance Standards (Policy 5314)

W. Va. Code R. § 126-146-1 General

1.1. Scope. -- This legislative rule defines service personnel classification and competency testing as well as establishes minimum performance standards and the Service Personnel Staff Development Council (Council). This rule applies to county boards of education (county), career technical education (CTE) centers, multi-county CTE centers, the West Virginia Schools for the Deaf and the Blind, and schools under the supervision of West Virginia Schools of Diversion and Transition.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2E-5, 18-9E-3, 18‑9E-4, 18A-2, 18A-3-9, and 18A-4.

1.3. Filing Date. -- July 14, 2021.

1.4. Effective Date. -- August 16, 2021.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR146, Policy 5314, Service Personnel Responsibilities and Performance Standards, filled January 22, 1985, and effective March 22, 1985; and repeals W. Va. 126CSR150A, Policy 5500.02, County Service Personnel Staff Development Council, filed August 27, 1992, and effective September 26, 1992; W. Va. 126CSR133, Policy 5141, Approved College Credit for Aide IV Classification, filled November 2, 1984, and effective January 2, 1985; W. Va. 126CSR163, Policy 5301, College Hours or Comparable Training in a Trade or Vocational School, filed April 11, 2013, and effective May 13, 2013; and W. Va. 126CSR146A, Policy 5314.01, Autism Mentor, filled April 11, 2013, and effective May 13, 2013.

W. Va. Code R. § 126-146-2 Purpose

2.1. This policy outlines the service personnel classification, competency test requirements, and testing procedures while establishing the Council to provide school service personnel with job-relevant and needs-based professional learning opportunities to ensure students are provided with vital learning environments.

W. Va. Code R. § 126-146-3 Definitions

3.1. Approved institution. CTE center, trade, vocational, business, or similar institution approved by a state or national institution, specialized accrediting agency, or the Council on Occupational Education (COE).

3.2. College hours or comparable training obtained in an approved institution shall be defined to include any combination of the following:

3.3.a. Semester hour. Definition found in W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications, section 4 (Policy 5202).

3.3.b. Quarter hour. Definition found in Policy 5202, section 4.

3.3.c. Comparable credit obtained in an approved institution. Each fifteen contact hours of training obtained in a postsecondary program from an approved institution shall be equivalent to one semester hour of college credit. Comparable credit for such contact hours should still be granted even if the contact hours are also counted towards meeting annual professional learning requirements.

3.4. Institution of higher education (IHE). Definition found in Policy 5202, section 4.

3.5. Test administrator. Individual who is designated to administer competency tests while maintaining test security and integrity (W. Va. Code §18A-4-8e).

W. Va. Code R. § 126-146-4 Service Personnel Defined

4.1. As defined in W. Va. Code §18A-1-1(e), a service personnel is a nonteaching school employee who is not included in the meaning of teacher as defined by state code and who services the school(s) in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school nutrition, and aides.

4.1.a. When posting a vacancy for a service personnel position, a county must use one of the service personnel classifications identified in W. Va. Code §18A-4-8.

4.2. Performance standards shall be developed by each county and clearly defined to enable all employees to understand their job performance expectations. Service personnel shall, at a minimum, be evaluated on the following performance standards:

4.2.a. work habits: observation of work hours, attendance, safety practices, meeting deadlines, flexibility, taking the initiative, and positive attitude;

4.2.b. performance: work judgment, planning and organizing, quality of work, taking responsibility, following instructions, efficiency under stress, and the operation and care of equipment; and

4.2.c. professional learning: knowledge of job responsibilities and participation in job-related trainings.

4.3. Each county shall review each service personnel employee’s job classification annually and reclassify all service persons as required by the job classification (W. Va. Code §18A-4-8).

4.3.a. The county’s review of the service personnel employee’s job duties and responsibilities may determine that the employee is performing duties and/or responsibilities outside of the current classification. To reclassify this service personnel employee, the county may either remove the identified job duties and/or responsibilities that are not part of the employee’s current classification, or the employee must complete the competency test for the reclassification title for which they are already performing the duties and/or responsibilities to show that the employee is qualified to hold the reclassification title.

4.3.b. A service personnel employee may not be reclassified without the employee’s written consent (W. Va. Code §18A-4-8).

W. Va. Code R. § 126-146-5 Service Personnel Classifications

5.1. A detailed list of service personnel classifications and definitions can be found in W. Va. Code §18A-4-8.

5.2. Additional specific requirements for service personnel classifications.

5.2.a. Aide IV.

5.2.a.1. An Aide IV must complete 18 hours of WVBE-approved College credit at an IHE or approved institution; or 15 hours of WVBE-approved college credit at an IHE and has successfully completed an in-service training program determined at the county level to be the equivalent of three hours of college credit.

5.2.a.1.A. The approved college credit shall be related to basic skills including reading, writing, speaking, and mathematics; or career development as approved by the county.

5.2.a.1.B. If the Aide IV chooses to do the 15 hours of college credit and in-service training program, then the aide must develop an individual in-service plan with the aide’s immediate supervisor, the principal of the building, and the county superintendent/designee.

5.2.a.2. The Aide IV classification is a salary classification and the final decision on eligibility rests with the employing county superintendent and county. No application or credentialing process is necessary through the West Virginia Department of Education (WVDE).

5.2.b. Autism Mentor.

5.2.b.1. To be classified as an autism mentor, an employee must first classify as an Aide III as defined in W. Va. Code §18A-4-8.

5.2.b.2. The aide must successfully complete a professional learning program related to providing instructional support to students with autism as determined and verified by the WVDE.

5.2.b.2.A. For each hour of training completed, one-half point per hour will be awarded.

5.2.b.2.B. A minimum of 15 points or 30 hours of training must be earned and verified for a candidate to meet this requirement.

5.2.b.2.C. Training is required on the use of restraints and must include prevention and de-escalation techniques with alternatives to the use of restraint. The WVDE Office of Special Education will determine the points awarded for this training after approval of properly documented training.

5.2.b.2.C.1. Training must have been completed within three years and documentation submitted to the WVDE Office of Special Education for review and consideration. Training older than three years will not be considered.

5.2.b.2.C.2. Training documentation shall include, at a minimum, the name of the training, the date of training, the number of hours, the agency providing the training, and the training sponsor’s or designee’s signature.

5.2.b.2.D. Upon completion of the documentation analysis, the candidate and the employing county’s personnel director will receive a letter verifying whether the state requirements have been met.

5.2.b.3. The employing county is responsible for verifying:

5.2.b.3.A. two years of successful experience providing classroom instructional supports to a student with autism under the supervision of a fully certified special education teacher.

5.2.b.3.A.1. A year is defined as a minimum of 133 instructional days in any one school year and is verified at the end of the school year.

5.2.b.3.A.2. The student must be an eligible student with autism for the time the aide provided instructional supports for the experience to be counted. The student’s eligibility is determined and documented by an eligibility committee in accordance with W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities.

5.2.b.3.A.3. If the eligibility committee’s determination for a student’s eligibility has changed while the aide was providing instructional supports, the aide will receive credit only for the experience during the time the student was deemed eligible. To receive credit, the dates for the time period the aide was working with the eligible student must be documented and kept in the aide’s personnel file.

5.2.b.3.B. Physical ability and stamina are necessary to complete all job tasks, including tasks related to ensuring student safety. Documentation proving physical ability and stamina will be kept in the aide’s personnel file.

5.2.b.4. Upon meeting all training, experience, and physical requirements, the aide is eligible to apply for the position of autism mentor.

5.2.b.5. An employee who works with autistic students and meets the standards and experience set forth above qualifies for the autism mentor classifications.

5.2.c. Aide V, Aide VI, Early Childhood Classroom Assistant Teacher (ECCAT), Paraprofessional are addressed in Policy 5202.

W. Va. Code R. § 126-146-6 Education Equivalency for Service Personnel

6.1. Educational equivalency is used to determine additional monthly pay as specified in W. Va. Code §18A-4-8a for service personnel who have earned college hours through an accredited IHE or comparable training in an approved institution; or who have earned an associate’s, a bachelor’s, a master’s, or a doctorate degree.

6.2. College hours or comparable training, for the purposes of this policy, are defined by any combination of the following:

6.2.a. Semester hour. An hour of college credit from an accredited IHE on the semester system.

6.2.b. Quarter hour. An hour of college credit from an accredited IHE on the quarter system. One quarter hour is equivalent to two-thirds of a semester hour.

6.2.c. Comparable credit. Each 15 contact hours of training obtained in a postsecondary program from an approved trade, vocational, technology, business, or similar institution shall be equivalent to one semester hour of college credit. Comparable credit shall be granted even if those contact hours are also counted toward meeting annual professional learning requirements.

6.2.c.1. Associate’s. An associate or two-year degree earned from an accredited IHE.

6.2.c.2. Bachelor’s. A four-year degree earned from an accredited IHE.

6.2.c.3. Bachelor’s plus 15. A bachelor’s degree plus 15 hours of undergraduate/graduate work is also earned from an accredited IHE. The undergraduate hours must have been completed after the bachelor’s degree was awarded.

6.2.c.4. Master’s. A master’s degree earned from an accredited IHE approved to do graduate work.

6.2.c.5. Master’s plus 15. A master’s degree plus 15 hours of undergraduate/graduate work is also earned from an accredited IHE. This classification requires 45 hours including a master’s degree, of which 15 hours may be undergraduate hours completed after the bachelor’s degree was awarded.

6.2.c.6. Master’s plus 30. A master’s degree plus 30 hours of undergraduate/graduate work is also earned from an accredited IHE. This classification requires 60 hours including a master’s degree, of which 15 hours may be undergraduate hours completed after the bachelor’s degree was awarded.

6.2.c.7. Master’s plus 45. A master’s degree plus 45 hours of undergraduate/graduate work is also earned from an accredited IHE. This classification requires 75 hours including a master’s degree, of which 15 hours may be undergraduate hours completed after the bachelor’s degree was awarded.

6.2.c.8. Master’s plus 60. A master’s degree plus 60 hours of undergraduate/graduate work is also earned from an accredited IHE. This classification requires 90 hours including a master’s degree, of which 15 hours may be undergraduate hours completed after the bachelor’s degree was awarded.

6.2.c.9. Doctorate. A doctorate’s degree earned from an accredited IHE qualified and approved to confer such a degree.

6.3. Official transcripts are used to verify earned credits from an accredited IHE or a grade report of completed contact hours in a postsecondary program from an approved and accredited institution. Employees are responsible for obtaining and providing official transcripts to their employer.

6.4. Counties are responsible for verifying the number of hours completed by their respective service employees for additional pay purposes.

W. Va. Code R. § 126-146-7 Competency Testing

7.1. Competency tests are used to determine the qualifications of new applicants seeking initial employment in a classification as either a regular or substitute employee or an existing employee applying for employment in another classification (W. Va. Code §18A-4-8e). These tests shall not be used to evaluate currently classified employees.

7.2. The county must use the state-approved competency test in its entirety with no additions to the test. Counties are not permitted to require additional testing for classifications or use county-developed tests. Counties may consider job-related factors in addition to the statutory qualification, if necessary, for the successful performance of the posted vacancy.

7.3. Competency tests are based on classifications and include a combination of written and performance tests. The written test provides the county with the applicant’s knowledge of the classification’s job duties and responsibilities. The performance test demonstrates the applicant’s ability to perform tasks related to the classification.

7.4. Competency tests align with the classification definition in W. Va. Code §18A-4-8 and section 5.

7.4.a. For multiclassified positions, the applicant must be able to pass all relevant competency tests.

7.4.b. CTE students who complete a program of study that aligns to a service personnel classification may take the competency test. The CTE administrator should schedule testing with the county.

7.5. A valid license/certificate from a reputable agency or institution is also acceptable for certain classifications as found in the WVDE’s Service Personnel Manual located on the WVDE’s website. Applicants holding a valid license/certification in certain classifications are not required to take a competency test.

7.6. Competency Testing Process.

7.6.a. All counties and multi-county CTE centers shall designate a person to fill this role. The test administrator, designee, test reader, and/or the performance test evaluator shall sign a test security agreement as indicated by the WVDE before testing materials are released or testing can occur.

7.6.a.1. The county test administrator cannot administer the performance test for bus operator classification. For information on bus operator competency testing and/or professional learning, see W. Va. 126CSR92, Policy 4336, West Virginia School Bus Transportation Regulations, Procedures, and Specifications for The Design and Equipment of School Buses.

7.6.b. Competency tests shall be administered to all applicants who are interested in the posted vacancy. Testing shall occur in a uniform manner under uniform testing conditions. Counties shall notify all applicants of the date, time, and location of the competency test. If the applicant is a county employee whose schedule conflicts with the date and time of the test, then the applicant is excused from work without loss of pay to test (W. Va. Code §18A-4-8e). A county may allow an alternative testing date which must be open to all applicants.

7.6.c. Applicants must provide documentation to prove their identity and that they meet W. Va. Code §18A-2-5 by either holding a high school diploma or equivalent or are enrolled in a state-approved high school equivalency program by the date of employment. Employment is contingent upon the applicant’s continued enrollment or successful completion of said program.

7.6.d. The written competency test will be administered using an online testing platform.

7.6.e. If requested, an applicant may take the written test orally. The testing platform will read the written competency test to the applicant. Applicants will use the testing platform to record their responses.

7.6.f. If applicants have any disabilities that prevent them from taking the test in its original format and setting, then reasonable accommodations should be made as long as the integrity of the test is maintained. Refer to the WVDE’s Service Personnel Manual located on the WVDE’s website for guidance on reasonable accommodations.

7.6.g. The test administrator shall maintain a record of what test was administered; who administered the test; the location, date, and time of the test; and the name, address, and phone number of each tested applicant.

7.6.h. The written competency tests will be scored by the testing platform.

7.6.i. If the test administrator is not qualified to evaluate the performance competency test, then the test administrator will appoint an evaluator. The performance test evaluator must be a qualified county employee who has signed a test security agreement. The performance test evaluator or test administrator shall enter the performance test results into the testing platform.

7.6.j. Applicants will receive their scores from each written and/or performance test completed.

7.6.j.1. Achieving a passing score shall conclusively demonstrate the qualifications of an applicant for a classification title. Once an applicant has passed the competency test for a classification title, that applicant maintains the classification title.

7.6.j.1.A. Applicants will receive a certificate verifying that they completed and passed the classification competency test. If the applicant is hired, then a copy of the certificate should be maintained in the employee’s personnel file.

7.6.j.2. If an applicant does not achieve a passing score, then the applicant shall be given every opportunity to pass the competency test when applying for each posted vacancy within the classification. If the applicant previously passed the written and/or portions of the performance test, then the applicant is only required to take the portion of the test not passed.

7.6.j.2.A. No specific test questions may be shared, but applicants may be told that they did not pass the written test. If there is a performance test, then the applicant may be told what section of the performance test was not passed.

7.6.k. In the event an applicant has already completed/passed a competency test, the applicant must provide a copy of the certificate and the county shall verify the certificate.

W. Va. Code R. § 126-146-8 Service Personnel Staff Development Council (Council)

8.1. County responsibilities.

8.1.a. The county shall establish a Council that shall develop and/or propose a professional learning program for service personnel.

8.1.b. The county superintendent/designee shall supervise objectives of the Council; coordinate implementation of the professional learning program; disseminate information concerning program objectives, location and time, prerequisites, etc., about the program offerings; and maintain records of enrollment, scheduling, and evaluation of service personnel.

8.1.c. Professional learning shall be based on predetermined needs; reflect the state and county’s goals and policies; include activities that provide for individual and group needs; incorporate individual-, school-, and county-level learning opportunities; and provide a systematic evaluation process.

8.1.c.1. The county must schedule a minimum of 18 hours of annual job-related, needs-based professional learning with the first 12 hours occurring before January 1 for all service personnel. An exception to this schedule may be granted by the county superintendent.

8.1.d. The county shall approve the professional learning program before implementation.

8.1.e. Two or more counties may elect to cooperate in the same professional learning program.

8.1.f. The county shall make available 1/10 of one percent of the amount provided according to W. Va. Code §18-9A-5 and credit such funds to an account to be used by the Council to fulfill its objectives. The county shall have the final approval of all disbursements and may consider other funding sources.

8.1.g. At the end of each fiscal year, the county shall report to the staff development chairperson the total amount and balance of the Council account(s), the amount appropriated for the recent fiscal year, the amount of funds used by the Council, and the amount of funds carried over into the next fiscal year. These funds can be carried forward for a maximum of three years. If the funds still have not been spent by the end of that period, the remaining balance shall revert to the county’s general current expense fund.

8.1.h. At the end of the fiscal year, the county shall provide to the State Superintendent of Schools/designee a list of Council members including the offices held by members, the number of meetings held to plan the professional learning, and the number of hours that service personnel employees were provided to implement professional learning programs (W. Va. Code §18A-3-9(c)).

8.2. Council responsibilities.

8.2.a. The Council shall be comprised of the county superintendent/designee who shall hold an advisory, nonvoting role; and two employees from each service personnel category (secretarial, custodial, maintenance, transportation, food service, and aides).

8.2.a.1. The Council shall elect a chairperson.

8.2.b. The current Council members shall submit nominations for membership to the county superintendent in a staggered three-year election cycle. The county superintendent shall prepare and distribute the ballots and tabulate the votes.

8.2.c. Service personnel employees in concert with their immediate supervisor may develop an individual professional learning plan to be used in their professional learning activities. An employee’s performance evaluation must be used in this process. An employee’s performance evaluation shall be confidential.

8.3. The Council shall evaluate annually the effectiveness of the professional learning program and activities.

8.4. Monitoring and evaluation of the professional learning program shall be conducted in compliance with W. Va. Code §18-2E-5.

W. Va. Code R. § 126-146-9 Severability

9.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 147 Qualities Proficiecies And Leadership Skills For Principals (5500.03)

W. Va. Code R. § 126-147-1 General

1.1. Scope. -- The policy establishes the minimum qualities, proficiencies, and skills required of all principals after January 1, 1997.

1.2. Authority. -- W. Va. Constitution, Article XII, Section 2; W. Va. Code ''18-2-5, 18A-3-2c, 18A-3A-1, and 18A-3A-2b.

1.3. Filing Date. -- March 18, 1997.

1.4. Effective Date. -- April 17, 1997.

W. Va. Code R. § 126-147-2 Purpose

2.1. These rules set forth the minimum qualities, proficiencies and leadership skills required of principals after January 1, 1997.

W. Va. Code R. § 126-147-3 Definitions

3.1. W. Va. Code '18A-1-1 defines Aprincipal@ as AThe professional educator who as agent of the board of education has responsibility for the supervision, management and control of a school or schools within the guidelines established by said board. The major area of such responsibility shall be in the general supervision of all the school and all school activities involving pupils, teachers and other school personnel.@

3.1.1. For purposes of this policy, a Aprincipal@ is defined as any individual employed as a principal, an assistant principal, or a director or assistant director of a vocational/technical school.

W. Va. Code R. § 126-147-4 Qualities, Proficiencies, and Skills

4.1. The following qualities, proficiencies and leadership skills are required of principals after January 1, 1997:

4.1.1. Vision: The ability to facilitate the development, articulation, and implementation of a vision and goals that are shared and supported by the school community. This ability is demonstrated when:

a. The school vision reflects high standards for student learning and the belief that all students can learn.

b. The school is driven by an alignment of national, state and school goals.

c. The vision, goals and expectations, and implementation plan are clearly communicated to staff, parents, students and community members.

d. A consensus regarding vision is developed among all stakeholders (staff, parents, students, community).

e. A clearly articulated implementation plan, containing objectives and strategies to achieve the vision and goals, is developed.

f. Vision, goals and implementation plans are regularly monitored, evaluated and revised.

4.1.2. School Culture/Instruction: The ability to advocate, nurture, and sustain the development of a school culture and instructional program that is conducive to student learning and staff professional development. This ability is demonstrated when:

a. Student learning is viewed as the fundamental purpose for education.

b. A culture of high expectations is evident for self, student, and staff performance.

c. Staff and students are treated with courtesy, fairness, dignity and mutual respect.

d. Student and staff accomplishments are recognized and celebrated.

e. Relationships are built through a nurturing environment for staff and students.

f. Technology is effectively used in promoting student learning and staff professional growth.

g. A variety of approaches to learning is available to all students.

h. Curricular programs are designed, implemented, evaluated and refined on a continuing basis.

i. Curriculum decisions are based on research, expertise of teachers, and recognized promising practices.

j. The importance of career selection is evident in curriculum and instruction.

k. Multiple sources of information regarding performance are used to assess student learning and to foster program improvement.

l. Student assessment establishes high performance standards.

m. The principal serves as a mentor and coach for staff.

n. Personnel evaluation is used as a means to promote staff growth and including coaching and motivating techniques.

o. Professional development promotes a focus on student learning consistent with the school vision and goals.

p. Student problem areas are reviewed and recommendations are made for appropriate instructional modifications/interventions.

4.1.3. Management/Environment: The ability to ensure management of the organization, operations, and resources for a safe, efficient, and effective learning environment. This ability is demonstrated when:

a. Knowledge of learning, teaching, and student development is used to make informed management decisions.

b. Continuous improvement strategies are evident in all aspects of the school environment.

c. Operational procedures are designed and managed to maximize opportunities for successful learning.

d. Technology is used effectively to find, retrieve, and analyze the appropriate data to guide long-range planning and daily practice.

e. A collaborative, team building approach to organize the school is in place f. Faculty senate is used to make a positive impact on instructional and management decisions.

g. Understanding of the strength of diversity is promoted.

h. A process for resolving conflict is established and implemented.

i. Staff selection is a collaborative process.

j. The school plant, equipment, and support system operates safely, efficiently and effectively.

k. Laws, policies and regulations are observed in maintaining a safe, supportive environment.

l. Confidentiality and privacy of school records are maintained.

m. A variety of sources of information including data, experience, expertise, vision and goals, is used to make decisions.

n. Prioritization and decisiveness are evident in decision-making by the principal.

o. Problems are identified and resolved in a timely manner.

p. Project management is effective and efficient.

q. Strategic planning provides opportunities for longitudinal data collection and revision of programs.

r. Resources and funds are used appropriately and wisely.

s. Time is managed to maximize attainment of organizational goals.

t. Delegation of authority is used to the benefit of staff and administration.

u. Staff empowerment is coupled with responsibility and accountability.

v. Consensus is used as a means of management.

4.1.4. Community: The ability to collaborate with families and community members, respond to diverse community interests and needs, and mobilize community resources. This ability is demonstrated when:

a. Families and other stakeholders are involved in school decision-making.

b. Families are partners in the education of their children.

c. Diversity is recognized and valued.

d. The school and community serve one another as resources.

e. Partnerships are established with area businesses, institutions of higher education, and community groups to strengthen programs and support goal attainment.

f. Available community resources are secured to help the school solve problems and achieve goals.

g. Local school improvement councils make effective decisions.

h. The establishment and implementation of a comprehensive program of community relations informs and involves the public in all aspects of the school.

i. Students and parents are viewed as clients.

j. Excellent communication skills: (written, verbal, listening, interpretative, conferencing and grammatical), are used by the principal.

k. Meetings are chaired effectively.

l. Consensus is used as a decision-making tool.

4.1.5. Professional: The ability to act with integrity, fairness and in an ethical manner. This ability is demonstrated by the principal when:

a. The highest personal and professional values are reflected and required.

b. Integrity and ethical behaviors are reflected and required.

c. Dedication through commitment and involvement is displayed.

d. A positive attitude and pride in the school and community are evidenced in his/her serving as a role model in the community.

e. The legitimate authority of others is recognized and reflected.

f. Legal and contractual obligations are fulfilled.

g. Laws and procedures are applied fairly, wisely, and consistently.

h. The influence of his/her office is used constructively and productively in the service of students and their families.

i. Reflective practice is used to maximize effectiveness.

j. A commitment to life-long learning and professional renewal is practiced.

k. Current research in professional practice is applied.

4.1.6. Systems: The ability to understand, respond to, and influence the large political, social, economical, cultural, and legal context as it relates to the school. This ability is demonstrated when:

a. Active involvement and communication with the larger community are a high priority.

b. Relationships with community leaders are identified and nurtured.

c. System thinking to ensure that decisions reflect input from all stakeholders is used.

d. A local, national and global perspective in decision making is evidenced.

e. A pioneer spirit as a courageous entrepreneur, willing to take measured risks, is evidenced.

f. A professional image is conveyed.

g. Democratic principles in day-to-day operations are evidenced.

h. Federal, state and county policies are implemented and observed.

W. Va. Code R. § 126-147-5 Implementation

5.1. All professional development for principals shall address the qualities, proficiencies and leadership skills set forth in these rules, including developing and delivering the curriculum for the Principals= Academy.

5.2. All approved preparation programs for principals shall address the qualities, proficiencies and leadership skills set forth in these rules.

5.3. The Center for Professional Development shall provide principals with sustained opportunities through the Principals= Academy to develop the specific qualities, proficiencies and leadership skills required pursuant to these rules.

5.3.1. The Center for Professional Development shall consider best practices as established by research in developing and delivering the curriculum of the Principal=s Academy.

W. Va. Code R. § 126-147-6 Attendance at the Principals= Academy

6.1. After the first day of January 1997 every principal shall complete, subject to the provisions of this section, the Principals= Academy at least every four years.

6.1.1. All persons assigned as principals for the first time in a West Virginia school after the first day of March 1996 shall complete the Principals= Academy. If the Principals= Academy is scheduled to being within ninety days from the date of assignment, such person may postpone attendance until the next scheduled training through the academy.

6.1.2. All principals of schools that are designated probationary status or seriously impaired (in accordance with W.Va. Code '18-2E-5) shall complete the next regularly scheduled Principals= Academy following the date of such designation unless the training is to begin within thirty days. In such instance, the principal may postpone attendance until the next regularly scheduled Principals= Academy.

6.1.3. All principals who are subject to an improvement plan in accordance with W. Va. Code '18A-2-12 and Policy 5310 shall complete the next regularly scheduled Principals= Academy unless the training is to begin within thirty days of the date of the improvement plan. In such instance, the principal may postpone attendance until the next regularly scheduled Principals= Academy.

6.1.4. All principals who transfer to a school with a significantly different grade configuration shall complete the next regularly scheduled Principals= Academy unless the Principals= Academy is to begin within ninety days from the date the principal is transferred. In such instance, the principal may postpone attendance until the next regularly scheduled Principals= Academy.

6.1.5. Attendance at the Principals= Academy shall be subject to the availability of funding from the legislature and other sources. If funds are insufficient to provide for the total cost, the academy shall admit those persons described in sections 6.1.1.-6.1.4. according to the priority in which they are listed. If funds are insufficient to provide for all persons in one or more sections 6.1.1.-6.1.4., the Center for Professional Development is authorized to determine which persons shall and shall not be admitted. The Center for Professional Development shall make every effort to ensure that every principal attends at least once every four years after the first day of January 1997.

6.2. The West Virginia Department of Education shall establish and maintain a system to record the progress of each person required to complete training through the academy and shall periodically advise such persons of their status.

6.3. Waiver of Attendance- Any person who desires relief from the requirements of this policy may apply in writing to the West Virginia Board of Education for a waiver.

6.3.1. A standard waiver application form for the Principals= Academy shall be developed by the West Virginia Department of Education. The waiver application must be signed by the county superintendent.

6.3.2. Upon showing of reasonable cause why relief should be granted, the West Virginia Board of Education may grant a waiver to postpone attendance from the academy for a period of one year upon such terms and conditions as it deems appropriate.

6.4. Principals attending the Academy who are not under contract during the period in which the Academy is in session will receive a stipend provided funding is allocated by the legislature.

6.5. The West Virginia Department of Education shall work collaboratively with the West Virginia Center for Professional Development to maintain: accurate records of eligibility; priority status for attendance; record of attendance; status of waiver requests; and a system of notification of principals of their status in regard to attendance.

6.6. W. Va. Code '18A-3-2c provides that any person who fails or refuses to complete the Principals= Academy as required and who fails to obtain a waiver, shall be ineligible to be employed as, or serve in the capacity of, a principal, an assistant principal, or a director or assistant director of a vocational/technical school.

FORM HD 201

(10-66)

FISCAL NOTE WORKSHEET

(Submit 4 Copies)

HD NO _________________________ DRAFT NO ____________________ BILL NO RESOLUTION NO ____________________

SUBJECT Policy 5500.03: Qualities, Proficiencies and Leadership Skills for Principals FUND ___________________________________________ SOURCE OF REVENUE:  GENERAL FUND  SPECIAL  OTHER (SPECIFY) _________________________________________________________ ___ COST OF ESTIMATE BASED ON:  AN ORIGINAL ESTIMATE  BUDGET BILL  OTHER (SPECIFY) ________________________________ INCOME ESTIMATE BASED ON:  AN ORIGINAL ESTIMATE  BUDGET BILL  OTHER (SPECIFY) ___________________________________________ SHOW OVER-ALL EFFECT IN ITEMS 1 AND 2 & GIVE EXPLANATION OF BREAKDOWN BY FISCAL YEAR INCLUDING LONG-RANGE EFFECT EFFECT OF PROPOSAL ANNUAL INCREASE DECREASE FISCAL YEAR CURRENT NEXT THEREAFTER 1. ESTIMATED TOTAL COST $ 500,000 $ $ 500,000 $ 500,000 $ 500,000 PERSONAL SERVICES CURRENT EXPENSES REPAIRS/ALTERATIONS EQUIPMENT OTHER $ $ $ $ $ 2. ESTIMATED TOTAL REVENUES $ $ $ $ $ 3. EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT):

The costs above are the estimated costs for operating the Principals= Academy and are funded in the 1996-97 budget of the Center for Professional Development.

DATE AGENCY AUTHORIZED REPRESENTATIVE

January 2, 1997 West Virginia Department of Education _____________________________________________________________ 1222dav/13a 126CSR147 126CSR147

Series 148 Professional Field Experience Agreement

W. Va. Code R. § 126-148-1 General

1.1. Scope. -- This legislative rule specifies that field experience associated with educational personnel preparation programs are the joint responsibility of the institution of higher and the local education agency.

1.2. Authority. -- W. Va. Code '18-2-6.

1.3. Filing Date. -- December 27, 1982.

1.4. Effective Date. -- February 2, 1983.

W. Va. Code R. § 126-148-2 Professional Field Experience Agreement and Responsibility

The licensure of teaching personnel in West Virginia requires certain field experiences, and the provision for such experiences is a responsibility of the teacher preparation institutions and local education agencies of West Virginia.

Under the Provisions of Chapter 18, Article 2, Section 6 of the Code of West Virginia, as implemented by regulations passed by the West Virginia Board of Education, titled "Standards for Student Teaching", the West Virginia Board of Education and Board of Education of the County of ______________, West Virginia concur with the conditions set forth in this agreement as revised and adopted for the use of the schools and agencies of said county in establishing and maintaining the program of professional field experiences. These experiences may include prestudent teaching, student teaching, clinical experience, and inservice or other cooperatively developed field experiences, required or deemed desirable of persons completing a program of teacher preparation.

Standards for the Accreditation of Undergraduate Teacher Preparation Programs in West Virginia, West Virginia Department of Education, 1967, Rev. ED., p.p. 131-136.

126CSR148

Series 149 Professional Learning for West Virginia Educators (Policy 5500)

W. Va. Code R. § 126-149-1 General

1.1. Scope. -- This legislative rule provides guidelines for the coordination and delivery of high quality professional learning experiences for West Virginia educators. This rule defines the roles and responsibilities among the various state and local professional learning providers.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-2I-1 et seq., 18‑9A‑10, 18A-3C-3, and 18A-3-8.

1.3. Filing Date. -- June 9, 2022.

1.4. Effective Date. -- July 11, 2022.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR149, Policy 5500, Professional Learning for West Virginia Educators, filed October 11, 2018, and effective November 13, 2018.

W. Va. Code R. § 126-149-2 Purpose

2.1. This policy directs the coordination, development, and evaluation of high‑quality professional learning programs for West Virginia educators. In addition, this policy also outlines the allocation methodology for state aid funding appropriated to support county-level implementation of comprehensive systems for educator induction and professional growth.

2.2. Professional learning includes sustained experiences that lead to the development of knowledge, skills, practices, and dispositions educators need to help students perform at higher levels and achieve college- and career-readiness.

W. Va. Code R. § 126-149-3 General Responsibilities

3.1. The West Virginia Board of Education (WVBE) will:

3.1.a. establish professional learning goals (see Appendix A);

3.1.b. provide a comprehensive definition of professional learning (see section 2.2); and

3.1.c. articulate professional learning standards (see Appendix B).

3.2. The West Virginia Department of Education (WVDE) will:

3.2.a. provide leadership in communicating the goals and standards for professional learning to all WVDE staff, county board of education members (CBEM), county board of education staff (CBES), school leaders, and the state’s public institutions of higher education educator preparation programs;

3.2.b. institute a system for the coordination and delivery of high-quality professional learning that is either individualized, provided in school-based settings, or provided in regional settings (rather than large-scale groups) to the fullest extent possible;

3.2.c. develop a guidance resource to support the design and delivery of a comprehensive professional learning system as outlined in Appendix C;

3.2.d. assist CBES and school leaders with the selection, design, implementation, and evaluation of high-quality, professional and personalized learning experiences that maximize available funding and resources and adhere to the WVBE Professional Learning Standards in Appendix B;

3.2.e. develop a systemic approach to provide ongoing assistance to CBES and schools in the provision of high-quality professional learning experiences that includes:

3.2.e.1. a focus on capacity building at the local level;

3.2.e.2. content and programmatic area expertise and guidance to support program implementation with CBES, school leaders, and educators; and

3.2.e.3. online professional learning courses and resources aligned to the current WVBE-approved content standards, the West Virginia Standards for Effective Schools, and the requirements that lead to educator certification and licensure, endorsement, or professional growth.

3.2.f. assist CBES with the design and implementation of a teacher leader framework to accomplish the teacher induction and professional growth aspects of their professional learning plans. This framework will strive to achieve the following goals:

3.2.f.1. increased student achievement and growth through the development of a shared leadership structure at the school level;

3.2.f.2. broader dissemination and use of effective teacher strategies through an increase in teacher collaboration;

3.2.f.3. stronger and more positive school and district culture through the development and retention of highly effective teachers; and

3.2.f.4. creation of networks among schools or school systems, or both, of comparable size and interests for the design and implementation of teacher leader frameworks

3.2.g. provide a report of the implementation of the comprehensive systems of support for teacher and leader induction and professional growth and may make any recommendations it considers necessary to the Legislative Oversight Committee on Education Accountability.

3.3. County board of education members (CBEM) will:

3.3.a. oversee the county-level implementation of a system for the coordination and delivery of high-quality professional learning;

3.3.b. approve the county strategic plan, inclusive of all components outlined in section 3.4.d prior to CBES’ submission of the county strategic plan to the WVBE annually.

3.3.c. adopt a teacher leader framework that must include:

3.3.c.1. identification of specific roles and responsibilities, eligibility requirements, and compensation plans for each teacher leader position, and clearly communicate these to teacher leaders, administrators, and other stakeholders;

3.3.c.2. provide regular, targeted professional learning opportunities for teacher leaders, and encourage redelivery within their respective schools;

3.3.c.3. provide time and opportunities for teacher leaders to collaborate with administrators, curriculum staff, other teacher leaders, and teachers;

3.3.c.4. mechanisms to monitor and evaluate the effectiveness of the teacher leader program through surveys of school administrators and school faculty; and

3.3.c.5. opportunities to include teacher leaders in the school improvement planning process.

3.4. County board of education staff (CBES) will:

3.4.a. use recommendations from the Local Staff Development Council, as defined in W. Va. Code §18A-3-8 ,to develop a county professional learning plan that is incorporated into the county strategic plan using data from:

3.4.a.1. each county’s strategic plan needs assessment;

3.4.a.2. each county’s existing professional learning plan as documented in the West Virginia Support for Improving Professional Practice (WVSIPP) section of the county strategic plan;

3.4.a.3. W. Va. 126CSR142, Policy 5310, Performance Evaluation of School Personnel;

3.4.a.4. aggregated student data from W. Va. 126CSR14, Policy 2340, West Virginia Measures of Academic Progress; and

3.4.b. institute a system for the coordination and delivery of high-quality professional learning that is either individualized or provided in school-based settings if possible;

3.4.c. support, monitor, and ensure the fidelity of the implementation of professional learning experiences that are aligned to the WVBE Professional Learning Standards outlined in Appendix B; and

3.4.d. as part of the county strategic plan, annually submit to the WVBE as directed by the WVDE, the county professional learning plan as part of the WV SIPP, and also include components related to the West Virginia Teacher Leadership Framework as identified in Appendix D.

3.5. West Virginia public schools will:

3.5.a. implement a professional learning plan that includes high-quality learning experiences to support all educators and personnel in the delivery of high-quality educational programming as part of the school’s strategic plan. The school strategic plan should align with, be incorporated into, and complement the county’s strategic plan by providing the following:

3.5.a.1. educator access to high-quality professional and personalized learning experiences that focus on individual professional growth of educators, student needs based on acquired data, and school-wide goals for professional and personalized learning;

3.5.a.2. educator engagement opportunities to learn alongside colleagues through collaborative models such as professional learning communities to improve individual teaching practices, support student learning and well-being, and foster school-wide growth;

3.5.a.3. educator participation in school- and classroom-based examination of student data to increase student achievement and well-being;

3.5.a.4. school budget allocations to support professional and personalized learning;

3.5.a.5. flexible and creative schedules to ensure consistent opportunities for educators to participate in professional learning communities during the work day;

3.5.a.6. focused professional learning offerings available in both individualized and school-based settings rather than in large-scale settings to the extent possible; and

3.5.a.7. a process for monitoring the implementation and measuring the effectiveness of professional learning sessions where classroom implementation is expected or required.

W. Va. Code R. § 126-149-4 Step 7d of the Public School Support Plan

4.1. Step 7d, the Public School Support Plan (PSSP) is designed to financially support county-level implementation of comprehensive systems for teacher and leader induction and professional growth.

4.2. In accordance with W. Va. Code §18-9A-10(a)(4), the statewide total amount of Step 7d funding will be calculated as the amount appropriated for the purpose in the immediately preceding school year, plus 20 percent of the growth in the local share amount under the PSSP.

4.2.a. After the county strategic plan is approved, the statewide Step 7d amount will be allocated annually to the county based on the following percentages:

4.2.a.1. 60 percent of the total statewide allocation will be distributed based on the number of full-time equivalent teachers employed by the county with zero years of experience;

4.2.a.2. 25 percent of the total statewide allocation will be distributed based on the total number of full-time equivalent teachers employed by the county with one, two, or three years of experience;

4.2.a.3. ten percent of the total statewide allocation will be distributed based on the number of full-time equivalent principals, assistant principals, and career and technical education administrators employed by the county who are in their first or second year of employment as a principal, assistant principal, or career and technical education administrator;

4.2.a.4. two percent of the total statewide allocation will be distributed based on the number of full-time equivalent principals, assistant principals, and career and technical education administrators employed by the county who are in their first year in an assignment at a school with programmatic level in which they have not previously served as a principal, assistant principal, or career and technical education administrator; and

4.2.a.5. three percent of the total statewide allocation will be distributed based on needs identified in the county’s strategic plan for continuous improvement of schools and school systems, including those identified through the performance evaluations of professional personnel. In the event that the full amount of the funds allocated on this basis are not needed to fulfill the needs identified in the county’s strategic plan, any remaining funds shall be added to the funding allocated under section 4.2.a.1.

4.3. Effective for five years beginning with the 2020-2021 school year and ending after the 2024-2025 school year, funds to be allocated under this section in the amount of $100,000 shall be retained by the WVDE and used to assist CBES with the design and implementation of a teacher leader framework to accomplish the teacher induction and professional growth aspects of their comprehensive systems of support for teacher and leader induction and professional growth pursuant to W. Va. Code §18A-3C-3.

4.4. Once the total allocation is determined for each county, it shall be compared to the county’s total allocation of teacher and principal mentor funds from the 2016-17 school year. In accordance with statute, no county’s allocation can be less than the level of funding received in the 2016-17 year. If the standard calculation results in a lower allocation than received in 2016-17 for a particular county, that county’s total allocation will be increased to the 2016-17 level, with the allocation for all other counties decreased proportionately.

W. Va. Code R. § 126-149-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Appendix A West Virginia Board of Education Goals for Professional Learning Increase deep content knowledge and proficiency in designing and delivering content standards‑driven instruction and assessments for all pre-K through 12th grade West Virginia educators.

Increase the knowledge and skills of all pre-K through third grade educators to deliver a comprehensive pre-K through third grade approach to early learning education that includes a balanced approach to early literacy and numeracy.

Establish and sustain effective collaborative learning teams in schools and counties in alignment with the WVBE standards for professional learning and a cycle of continuous improvement.

Improve leadership competencies for principals and assistant principals to support high-quality teaching and learning including the development of teacher leaders.

Utilize the educators’ evaluation system as an important component of continuous educator development.

Appendix B WVDE Definition of Professional Development and Standards for Professional Learning In 2012, the West Virginia Board of Education approved a definition of professional learning (see section 2.2) and adopted the Learning Forward (formerly National Staff Development Council) Standards for Professional Learning (2011).

Definition of Professional Learning Professional learning includes sustained experiences that lead to the development of knowledge, skills, practices, and dispositions educators need to help students perform at higher levels and achieve college- and career-readiness.

Standards for Professional Learning Professional learning that increases educator effectiveness and results for all students: occurs within learning communities committed to continuous improvement, collective responsibility, and goal alignment; requires skillful leadership to develop capacity, advocate for, and create support systems for professional learning; requires prioritizing, monitoring, and coordinating resources for educator learning; uses a variety of sources and types of student, educator, and system data to plan, assess, and evaluate professional learning; integrates theories, research, and models of human learning into learning designs to achieve its intended outcomes; applies research on change and sustains support for implementation of professional learning for long-term change; and aligns its outcomes with educator performance and student content standards.

Appendix C Effective professional learning is coordinated and works toward a cohesive, common vision that will affect educator effectiveness and student learning. Professional learning should be planned and organized to engage educators and benefit students. The WVBE and WVDE seek to support educators in their career‑long professional growth. This continuum highlights the goals, research-based best practices, and selected essential understandings for the pre-service educator through the educational leader.

Pre-service Educator (Grow Your Own Student/Resident Teacher/Student Teacher)

Novice Educator (0-3 Years of Service)

Professional Educator (3+ Years of Service)

Educational Leader (Continual Educator Development)

GOALS

Ensure that all pre-service educators graduate from postsecondary teacher preparation programs with the knowledge, skills, and dispositions necessary to be effective educators for all the students they will serve.

Build the content knowledge and teaching skills of entering teachers to a level of beginning proficiency.

Ensure that every beginning teacher has access to a high-quality induction program designed not only to benefit the novice but also to support the professional learning of the experienced teacher serving as the mentor.

Build on preparation experience with robust mentoring and induction support to improve practice.

Ensure educators are gaining the skills and knowledge necessary to increase individual competency, enhance program quality, and improve outcomes for children.

Provide a system of support that allows educators to benefit from ongoing professional learning and growth through various systems including professional learning opportunities offered through local and state agencies.

Ensure the development of educational leaders through a process of continual professional development.

Provide a system of support that allows educators to grow professionally so they can become leaders in their schools, counties, state, and profession.

Pre-service Educator (Grow Your Own Student/Resident Teacher/Student Teacher)

Novice Educator (0-3 Years of Service)

Professional Educator (3+ Years of Service)

Educational Leader (Continual Educator Development)

RESEARCH-BASED BEST PRACTICES

Teacher-in-residency programs Alternative certification routes Teacher effectiveness research Effective schools research Multi-year support for new teachers Teacher induction High-quality mentoring using carefully selected and well-prepared mentors Ongoing professional learning Quality evaluation and feedback Sustained, standards-focused professional learning opportunities based on data-driven needs Support for pursuit of opportunities for educator leadership and advanced studies Support for pursuit of National Board Certification Quality evaluation and feedback Feedback to improve practice and improve student achievement Sustained, standards-focused professional learning opportunities based on data-driven needs Support for pursuit of administrative/ leadership opportunities Support for pursuit of National Board Certification Systematic analysis and adjustment of practices Pre-service Educator (Grow Your Own Student/Resident Teacher/Student Teacher)

Novice Educator (0-3 Years of Service)

Professional Educator (3+ Years of Service)

Educational Leader (Continual Educator Development)

SELECTED ESSENTIAL UNDERSTANDINGS

Pedagogy and foundations of child development Classroom environments, schedules, and routines Content knowledge based on certification(s)

Interpersonal skills School effectiveness research and processes Adverse Childhood Experiences (ACEs) and trauma-informed care/teaching Classroom management Instructional strategies Assessment types, strategies, and literacy Reading and mathematics literacy Classroom management Standards-focused instruction Building a strategy bank Problem solving and critical thinking ACEs and trauma-informed care/teaching Instructional planning Differentiating instruction Assessment types, strategies, and literacy Knowledge of content and pedagogy Behavior management (preventative and restorative discipline)

Personalized learning for all Analyzing and adjusting teaching strategies National Board Certification Continuous learner Innovation Reflective skills Knowledge of content and pedagogy Knowledge of students Pursuing equity for all students Supporting the whole child Becoming a teacher leader Mentoring others Being an instructional leader Working with adult learners Exhibiting strong communication skills Working collaboratively Knowledge of students Pursuing equity for all students Supporting the whole child Pre-service Educator (Grow Your Own Student/Resident Teacher/Student Teacher)

Novice Educator (0-3 Years of Service)

Professional Educator (3+ Years of Service)

Educational Leader (Continual Educator Development)

BUILDING PRE-SERVICE EDUCATOR LEADERSHIP

Learner Conference attendance Participation in professional learning Student internships Participation in various academic, social, and service organizations on campus and in the community Learner Develop expertise and hone skills Participate in professional learning Participate in school and community committees Participate in faculty senate Attend National Board Awareness sessions Subscribe to professional publications Read professional literature Join professional organizations Attainment of advanced degrees Learner Instructional specialist Curriculum specialist Learning facilitator Data coach Candidate for National Board Certification Member of professional organizations Participant in educational recognition such as Teacher of the Year, etc.

Learner Responsive provider Classroom supporter Mentor School leader Catalyst for change School, county, state, and national level presenter Pursue advanced degrees Engage in professional organization leadership

Appendix D Support for the West Virginia Teacher Leadership Framework County Planning Document Background In 2020, the West Virginia Legislature passed House Bill 4804 (House Bill 4804), which directs the West Virginia Department of Education to assist county boards with the design and implementation of a teacher leadership framework to accomplish the teacher induction and professional growth aspects of their comprehensive systems of support. Teacher Leadership funding is provided through Step 7d for multiple leadership opportunities including training for those opportunities and salary stipends for those roles.

Prerequisite Reading Prior to developing your county teacher leadership framework, ensure that you have read: 1) the West Virginia Standards for Effective Schools, 2) Strategic Plan for West Virginia Public Schools, and 3) House Bill 4804 and that your county framework aligns with the below template.

Abstract - Provide an overview of your county’s teacher leadership framework: 1) highlight the county vision, 2) define your county goals, and 3) describe how the primary components of the framework connect to one another and stakeholders.

Planning Process used to develop county teacher leadership framework.

How will teacher leadership support current county efforts and priorities to improve teacher quality and student learning?

Identify the goals the county hopes to achieve through teacher leadership efforts.

Define the challenges you are trying to solve through teacher leadership.

Describe how stakeholders are engaged in this process.

Define how this information will be communicated to county staff.

Specify the manner in which local teacher leadership efforts will be systemic, ongoing, and sustained in a fully supported manner.

Provide the appealing features and incentive per role that will be available to the teacher leader.

Vision and Goals What the county hopes to achieve through the implementation of a local teacher leadership framework.

Local demographics Student achievement data and other relevant data county strategic plan Alignment to statewide goals and strategic plan Nurturing the whole child Student well-being Student achievement to include addressing the achievement gap School readiness Career exploration College- and career-readiness ► Educational pathways ► Employment ► Enlistment Teacher recruitment and retention Professional growth opportunities Data Driven Measures Data used to determine connection to county school improvement.

Use data from Vision and Goals considerations to determine how the county teacher leadership framework implementation will best connect to, support, and strengthen the county’s key school improvement structures, processes, and initiatives Teacher Leadership Roles Define proposed teacher leadership roles.

Teacher leader is:

Cooperating teacher hosting yearlong resident Mentor to first year teacher Aspiring administrator Department head Team leader Academic coach District lead teacher Professional Learning Community (PLC) facilitator Special education teacher leader Cohorts of teachers seeking micro credentials, advanced degrees, and advanced certifications National Board-Certified teacher Other ________________________ Include the following information for each role selected:

Brief description of the responsibilities and duties of each new leadership role Percentage of time each role will spend performing teacher leader duties How leadership role complements existing roles to create a coherent, instructional improvement strategy that will strengthen student achievement throughout the county Teacher Leadership Selection Define how teacher leaders will be selected in your county including the evidence that will be used to meet the requirements and competencies.

Recognition as an effective classroom teacher Deep knowledge of effective instruction/pedagogy and content knowledge Rated accomplished or above under evaluation system Exhibits leadership capabilities and capacity to take on additional roles and responsibilities while remaining in the classroom Defined years of experience to be eligible Encourage and promotes diversity Strong communication skills Strong work ethic Adaptable, open-minded, creative Visionaries Positive Experience working with adult learners Leadership experiences Experience using data to drive instruction Team player/collaborator Strong interpersonal skills Application and Hiring Process Include details about eligibility, the desired attributes of the teacher, and the processes that demonstrate fairness.

Recommendation by administrator Representative selection committee for teacher leadership roles Established timeline for applications to be submitted to school administrator Online application available Face-to-face vs. virtual interview Established scoring rubric Defined members of interview committee Required documentation Type of contract Length of contract County/Administrator Roles Define proposed county/ administrator roles.

Establishment of standards and expectations for teacher leadership School-wide focus on learning and reflection Culture in which teachers are valued and respected as examples and models for other teachers in the profession Principal fosters, supports, and models teacher leadership Defined process for how teacher leader fits into the county strategic plan (role development)

Defined process for how teacher addresses the emergent needs of the resident teacher, beginning teacher, and experienced teacher (as aligned with the County WVSIPP Plan)

Inclusion of teacher leader in school improvement planning Management Protocol Establish the protocol to manage the county teacher leadership framework.

Create a county-level team that deeply understands the framework and can disseminate information and training to others Explore creating a teacher leader designation (WVDE Certification Services)

Create a process for county to track funding (Step 7d)

Assist schools in restructuring school day to allow for teacher leaders to maintain their classrooms while spending time co-teaching, mentoring, and providing professional learning Create cohorts of educators focused on building their degrees, certifications, and professional development Provide regular, targeted professional learning opportunities for teacher leaders encouraging redelivery in their respective schools Develop a peer and self-monitoring protocol for participating teachers Designate teacher leader supervisor at school or county level Create and advertise incentives for teacher leaders who agree to stay in the position for designated periods of time Support for building-level administrators to support school culture and school structures Level of WVDE involvement/support Evaluation Procedures Develop the procedures for evaluating teacher leaders and the county teacher leadership framework.

Defined evaluation of program Student achievement data Teacher leader logs Portfolio demonstrating accomplishments, classroom instruction, and/or evidence of student learning Teacher leader surveys External evaluator Feedback from students impacted by teacher leaders Equity of plan in support of WVDE Strategic Plan 3E’s: Educational pathways, employment, and enlistment Developed accountability systems to measure performance in leadership roles Methods to monitor and evaluate effectiveness of teacher leaders Self-reflection Documentation of support Teacher retention data Estimated Budget Create an estimated budget for the use of Step 7d funds.

Monetary compensation Additional recognition and job-embedded professional development Narrative demonstrating clear connections between costs, roles, and goals Communication Ascertain how county leadership will communicate and message information about the county leadership framework and leadership opportunities to county staff.

Define communications flow to targeted staff regarding leadership positions (i.e., identified highly effective teachers, identified accomplished or above on evaluation).

Add an easily accessible teacher leadership website location on the county website Presentations to CBEM on the benefits of teacher leadership Social media posts E-mail blasts Talking points for families Presentations to teacher on the research and how teacher leadership advances their practice and improves school culture Develop a teacher leadership network communication tool (ex. TEAMS)

Series 154 West Virginia Commission for Professional Teaching Standards (5050)

W. Va. Code R. § 126-154-1 General

1.1. Scope. - This legislative rule establishes an alliance between the West Virginia Board of Education (hereinafter stated as State Board) and the education profession by creating a professional teaching standards commission to provide guidance and recommendations on matters of preparation, licensure and continuing development of educational personnel for the public schools of West Virginia.

1.2. Authority. - West Virginia Constitution, Article XII, Section 2 and West Virginia Code §§18-2-5, 18A-3-2a, and 18A-3-6.

1.3. Filing Date. - July 11, 2014

1.4. Effective Date. - August 11, 2014

1.5. Repeal of former rule. - This legislative rule revises W. Va. 126CSR154 “West Virginia Commission for Professional Teaching Standards” (Policy 5050) filed October 14, 2003 and effective November 13, 2003.

W. Va. Code R. § 126-154-2 Summary

2.1. This rule outlines the purpose, mission, goals, composition and functions of the West Virginia Commission for Professional Teaching Standards.

W. Va. Code R. § 126-154-3 Purpose

The State Board is committed to staffing every school and providing every student with competent educators. The State Board recognizes that teachers, administrators and higher education faculty can and must work together to improve the education profession and to enhance educational opportunities for all students in West Virginia. The State Board also recognizes that it must maintain effective communication with the educational community to sustain the high quality education the public deserves and expects.

3.2. Therefore, the State Board establishes the West Virginia Commission for Professional Teaching Standards (hereinafter stated as the Commission). This Commission enables the education community to promote and demand excellence in the preparation and performance of the state’s educational professionals. It creates a framework to ensure that educators who are licensed by the state possess the knowledge and skills to deliver a quality public education to our current and future citizens. The Commission’s charge is to advise the State Board on legislation, policies and regulations that ensure excellence in the educational profession and reflect research and best practices in the preparation and performance of professional educators.

W. Va. Code R. § 126-154-4 Mission and Goals

4.1. The mission of the Commission is to ensure that every student is served by competent educators who meet rigorous preparation and licensure standards by recommending to the State Board standards and practices for the development and approval of preparation programs, licensure and continuing development of educational personnel.

4.2. The goals of the Commission are:

4.2.a. To provide every student in West Virginia public schools with educators whose preparation and professional growth are based on research and best practices so that students will attain high levels of achievement.

4.2.b. To establish high and rigorous standards for entrance to and retention in the teaching profession.

4.2.c. To encourage a unified system for professional development from recruitment to retirement that supports excellence in teaching and learning.

W. Va. Code R. § 126-154-5 Composition of the Commission

5.1. The Commission shall consist of 21 members representing the major constituents within the educational community. For purposes of this Commission, classroom teacher shall mean an individual who spends the majority of her/his time providing instructional and/or counseling or other professional support services to students, and layperson shall mean a community/business representative who does not spend the majority of his/her time providing instruction and/or counseling or other professional support services to students. Included in the membership shall be: ten classroom teachers including at least three elementary teachers, at least three middle/junior high school teachers, and at least three high school teachers (one of the ten teachers must be a vocational teacher and one must be a special education teacher); three higher education representatives from teacher education, including a total of two from two different public and one from a private institution of higher education; one county superintendent; one elementary principal; one secondary principal; one county board of education member; one State Board member; and three laypersons.

5.2. The members of the Commission shall be chosen as follows:

5.2.a. The teacher members shall be appointed by the State Board. At least three teacher members must live in each congressional district. There shall be at least one teacher member from each of the three teacher organizations (West Virginia Education Association, West Virginia Federation of Teachers, West Virginia Professional Educators), and at least one teacher member who does not belong to a teacher organization.

5.2.b. The West Virginia Higher Education Policy Commission shall appoint two higher education representatives.

5.2.c. The representative from private institutions of higher education shall be appointed by the West Virginia Independent Colleges and Universities.

5.2.d. All other members shall be appointed by the State Board.

5.3. Terms of all members shall be for a period of three years. Members may serve no more than two consecutive three-year terms. Members who have filled an unexpired term of one year or more are eligible for only one additional consecutive three-year term. Members filling an unexpired term of less than one year shall be eligible to serve two additional consecutive three-year terms. All terms begin on July 1 and end on June 30.

5.3.a. Vacancies shall be filled as quickly as possible by the appropriate appointing authority.

5.3.b. Attendance of Commission members is vital to assure a quorum in order to conduct business. Commission By-Laws shall be adopted that include procedures for dealing with the absenteeism of Commission members and such procedures shall be hereby adopted and incorporated herein by reference as well as any modifications thereto.

W. Va. Code R. § 126-154-6 The Commission’s Relationship with Other Educational Entities

6.1. State Board. - The Commission is entrusted by the State Board with developing and recommending legislation and policies related to the professional preparation, licensure and development of educational personnel that support the mission of the State Board and reflect research and best practices. The Commission shall report to the State Board on its deliberations and recommendations relating to the licensure and practice of professional educators. The State Board will report to the Commission its action with regard to any recommendation made by the Commission.

6.2. Higher Education Governing Authorities and Institutions of Higher Education. - The Commission shall maintain an integral relationship with the public and private higher education institutions and the governing boards of public higher education and shall collaborate with higher education in developing procedures and criteria for program review and time lines that are consistent with W. Va. 126CSR114, State Board Policy 5100, Approval of Educational Personnel Preparation Programs.

6.3. West Virginia Department of Education (hereinafter stated as Department). - The Commission shall maintain ongoing communication, collaboration and consultation with the State Superintendent of Schools and his/her staff regarding the Commission’s recommendations for preparation, licensure and professional development of education personnel and the State Board’s mission and goals for public school students. The Department shall, in consultation with the Commission, include in its annual budget request to the West Virginia Legislature a request for a separate line item for sufficient funds to enable the Commission to accomplish its mission and goals. The State Board shall appoint a Department liaison to support and facilitate the overall fulfillment of the Commission’s mission and goals.

6.4. Profession-at-Large. - The Commission shall serve as a communication link with members of the education profession and shall inform the profession on the structure and operations of the Commission and its impending projects. Additionally, the Commission is responsible for informing the profession about anticipated changes in the professional development continuum and soliciting input and participation as a routine function in the development of proposed legislation and policies recommended for adoption and implementation.

W. Va. Code R. § 126-154-7 Functions of the Commission

7.1. Major Functions. - The major functions of the Commission are to develop and recommend to the State Board a systematic plan for the professional development of educators that begins with recruitment and concludes upon retirement. Major components within this continuum include initial preparation, licensure and continuing professional development. With the primary objective of improving teaching and learning in the public schools, the Commission’s functions shall include recommendations as to the following:

7.1.a. Initial Preparation. 7.1a.1. Standards and requirements for initial preparation and procedures for program approval.

7.1.b. Licensure.

7.1.b.1. Standards and requirements for initial and continued licensure.

7.1.b.2. Assessment instruments and/or procedures for licensure that will assure a competent educator.

7.1.b.3. Reciprocal agreements with other states and countries that promote the mobility of teachers across state and national lines through the licensure process.

7.1.b.4. A system that includes an assurance that licensed educators possess the personal characteristics to ensure the safety of the students entrusted to their care.

7.1.b.5. Criteria and a system for the revocation of licenses for just cause and reinstatement of licenses.

7.1.c. Professional Development.

7.1.c.1. Standards, requirements and procedures that will assure the continuing growth and improvement of the knowledge and skills of the state’s professional educators throughout their educational careers.

7.1.d. Administrative Functions.

7.1.d.1. Bylaws for the Commission’s governance and operation.

7.1.d.2. A licensure fee structure.

7.1.d.3. A system that enables an educator to receive due process when questions arise concerning her/his qualifications.

7.2. Professional Practice Panel. The Commission shall select seven of its members to serve as the Professional Practice Panel which shall recommend to the State Superintendent of Schools the suspension, permanent revocation or revocation of an educator’s license(s) for cause and reinstatement of an educator’s license(s) following suspension or revocation. It is recommended that the Professional Practice Panel include four teachers, one public school superintendent or principal and one layperson, whenever possible. Any proceeding for suspension, permanent revocation, revocation or reinstatement requiring an evidentiary hearing may be referred to the Professional Practice Panel by the State Superintendent of Schools to conduct the hearing and make recommendations on disposition. Any hearing held by the Professional Practice Panel shall be conducted in accordance with the procedures outlined in W. Va. 126CSR4, State Board Policy 1340, Rules of Procedure for Administrative Hearings and Appeals.

7.3. Licensure Appeal Panel. The Commission shall select seven of its members to serve as the Licensure Appeal Panel. This panel may provide an opportunity for an appeal hearing following a recommendation from the Department’s Office of Professional Preparation of a permanent denial for cause or denial for cause pursuant to procedures outlined in W. Va. 126CSR4, State Board Policy 1340, Rules of Procedure for Administrative Hearings and Appeals. It is recommended that the Licensure Appeal Panel include four teachers, one higher education representative and one layperson, whenever possible.

7.4. Commission members may not serve on both the Professional Practice Panel and the Licensure Appeal Panel.

W. Va. Code R. § 126-154-8 Ultimate Authority of the State Board

8.1. Notwithstanding any other provision of this policy, the State Board is not prohibited from initiating, adopting, continuing, amending, or rejecting any policy that addresses preparation, licensure and/or continuing development of professional educators. However, any policy or amendment related to preparation, licensure and continuing development of educational personnel that the State Board initiates may be referred to the Commission for review and recommendation prior to action by the State Board.

W. Va. Code R. § 126-154-9 Severability

9.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

§126CSR154

Series 155 Rules Of Procedure For Certification Appeals Board (Policy 5203)

W. Va. Code R. § 126-155 Rules Of Procedure For Certification Appeals Board (Policy 5203)

TITLE 126

WEST VIRGINIA BOARD OF EDUCATION

SERIES 155

This rule was Repealed and Replaced by 126CSR136, Effective July 24, 1997.

126CSR155

Series 156 Competency Testing Program For Technical And Industrial, Health Occupations, And Occupational Home Econo

W. Va. Code R. § 126-156 Competency Testing Program For Technical And Industrial, Health Occupations, And Occupational Home Econo

TITLE 126

WEST VIRGINIA BOARD OF EDUCATION

SERIES 156

This rule was Repealed and Replaced by 126CSR136, Effective July 24, 1997.

126CSR156

Series 157 Sabbatical Leave Policy For Professional Educators And Teachers Aides (5530)

W. Va. Code R. § 126-157-1 General

1.1. Scope. -- This legislative/interpretive rule establishes guidelines for the development of a sabbatical leave policy for professional educators and teacher aides by county boards of education. Participation in a sabbatical leave program is optional for county boards of education.

1.2. Authority. -- W. Va. Code '18-2-11.

1.3. Filing Date. -- May 22, 1989.

1.4. Effective Date. -- June 30, 1989.

W. Va. Code R. § 126-157-2 Purpose

The intent of this policy is to establish a sabbatical leave program for professional educators and teacher aides. Sabbatical leaves may be granted generally on a full-time basis to conduct research, completion of an advanced degree related to subject area, teacher exchange program, completion of baccalaureate degree for aides, or participation in other professional development activities that would contribute to the improvement of both the individual and his/her services to students in the county school district.

W. Va. Code R. § 126-157-3 Eligibility

3.1. Professional Educator. -- Any professional educator, as defined in W. Va. Code '18a-1-1, who is employed full-time and has a minimum of ten (10) years of public school service in West Virginia is eligible to apply for a sabbatical leave.

3.2. Teacher Aide. -- Teacher aides who have a minimum of ten (10) years of West Virginia public school service and have a cumulative grade point of 3.2 on a possible 4.0 scale, and have successfully completed at least 64 semester hours of course work at an approved institution of higher education, are eligible to apply for sabbatical leave.

W. Va. Code R. § 126-157-4 Selection Criteria

4.1. Professional Educators and Teacher Aides. -- The following criteria shall be utilized in selecting applicants for sabbatical leave:

4.1.1. Completion of an application.

4.1.2. The need of individual applicant with respect to current job assignment.

4.1.3. The needs of the school system with respect to identified deficiencies.

4.1.4. Priority given to applicants who have not been previously granted sabbatical leave.

4.1.5. Additional criteria may be established by the county school district.

W. Va. Code R. § 126-157-5 Sabbatical Leave Requirements/Conditions

5.1. Not less than ninety-five percent (95%) of sabbatical leaves granted shall be for classroom teachers.

5.2. Employees may be compensated during the sabbatical leave period up to one-half (1/2) of their regular salary.

5.3. While on sabbatical leave, employees shall be deemed to be employed full-time for the purposes of years of experience, accumulation of seriority, participation in the Teacher Retirement System and the Public Employees Insurance Program. Employees who are on sabbatical leave shall be reported to the State Board of Education on the personal services report and their positions can be counted up to one-half (1/2) full-time equivalent in the school foundation support program. Employees returning from leave shall be assigned to the same position from which they left unless another assignment is agreed to by both parties. In no case may an assignment be made which would invalidate the employee's certification status or bring about a demotion in position or salary.

5.4. Employees receiving sabbatical leave shall be required to return to employment by the board which granted the leave for a period of at least one (1) year for each year on leave or repay the compensation and benefits received during that time and have deducted the retirement credit and years of service credit accrued during the sabbatical leave.

W. Va. Code R. § 126-157-6 Sabbatical Leave Advisory Committee

The county staff development council shall constitute the sabbatical leave committee for reviewing applications and making recommendations to the superintendent. The superintendent will submit the recommendations of the county staff development council to the county board of education for approval of the applicants to whom leave will be awarded. If a teacher aide is not a member of the county staff development council, a representative will need to be added to the sabbatical leave committee.

W. Va. Code R. § 126-157-7 Application Requirements and Procedures

7.1. Applications shall be submitted to the county superintendent or his designee at least six (6) months prior to the anticipated beginning of the sabbatical leave. Applications shall be reviewed and recipents selected at least three (3) months prior to start of leave.

7.2. See Appendix A for sample application.

W. Va. Code R. § 126-157-8 Final Report

A report indicating evidence of professional experiences shall be filed with the county superintendent within six (6) weeks after the employee returns from sabbatical leave. The report may include transcript of grades where course work was involved, degree earned, written reports and other requirements that are agreed upon between the employee anf board of education.

APPENDIX A

SABBATICAL LEAVE APPLICATION

Name:

Address:

Telephone: (Home) (Business)

Work Location:

Job Classification:

Years employed by County Schools:

Have you previously been granted sabbatical leave by County Schools? Yes No If Yes, when?

Proposed dates of sabbatical leave: to If completing a degree:

Name of institution in which sabbatical leave will be taken:

Address:

Contact Person:

Have you been admitted to the institution? Yes No Date of acceptance:

(Please attach letter of assurance that you have been accepted.)

If conducting research or completing other professional development activities give a brief desciption. (Use an attached sheet.)

Please state briefly the benefit of the sabatical leave (a) to the school district and (b) to you. (Use an attached sheet.)

If my application for a sabbatical leave is favorably acted upon, I hereby agree to successfully complete such sabbatical leave under the terms and conditions that are prescribed by the Sabbatical Leave Policy.

Signature Date OFFICE USE ONLY Date Received:

Approved Not Approved Funds Allotted:

126CSR157

Series 158 Workers' Compensation Benefits (5612)

W. Va. Code R. § 126-158-1 General

1.1. Purpose. -- The purpose of this policy is to establish procedures for compliance with W. Va. Code §§18A-4-10 and 23-4-1 et seq., related to county board of education employees who sustain a work -- related injury and are awarded workers’ compensation benefits and to prohibit an employee from receiving compensation for personal and or annual leave in excess of the amount that is required, when added to the workers’ compensation benefits, to equal the amount of compensation regularly paid the employee.

1.2. Authority. -- W. Va. Constitution, Article XII, §2 and W. Va. Code §§18-2-5, 18A-4-10, 23-2-1, 23-4-1 et seq., and 23-5A-3.

1.3. Filing Date. -- October 22, 2002.

1.4. Effective Date. -- November 21, 2002.

1.5. Repeal of Former Rule -- This policy repeals and replaces 126CSR158, West Virginia Board of Education Policy 5612, filed November 30, 1989 and effective December 20, 1989.

W. Va. Code R. § 126-158-2 Applicability

2.1. This policy applies to all county board of education employees who sustain a work-related injury and are awarded workers’ compensation benefits.

W. Va. Code R. § 126-158-3 Definitions

3.1. Eligible to receive TTD benefits - Having been ruled eligible by the workers’ compensation division to receive Temporary Total Disability (TTD) benefits, regardless of whether the employee is actually receiving benefits or has opted to receive personal leave (or annual leave, if requested after having exhausted personal leave).

3.2. Medical professional - A person licensed according to the laws of the State of West Virginia to practice medicine or a medical practitioner approved by the Workers’ Compensation Division.

3.3. Net value - Gross wages less employee deductions for state and federal income taxes, FICA and Medicare, and contributions to a teachers’ retirement system.

3.4. Separate dischargeable offense - Misconduct by the injured employee wholly unrelated to the injury or the absence from work resulting from the injury. This shall not include absence resulting from the injury or from aggregation of absence due to the injury with any other absence from work.

3.5. Personal leave - An earned employee benefit of paid time off as specified in W. Va. Code §18A-4-10. Accrued annual leave, if requested by the employee, may be utilized in circumstances when personal leave is exhausted.

3.6. TTD benefits - Temporary Total Disability Benefits paid by the workers’ compensation.

3.7. Work-related injury - An injury or illness having been determined to be compensable by the Workers’ Compensation Division.

W. Va. Code R. § 126-158-4 Administration

4.1. County boards of education shall administer workers’ compensation claims and employee leave in accordance with all applicable statutes, rules, regulations, procedures, and local policies.

4.2. An employee who sustains a work- related injury shall submit an Election of Option form (see Attachment 1) to the county board of education’s payroll office within three (3) working days of the date of the injury. The Election of Option form will designate the employee’s choice of receiving either TTD benefits only for the period of absence from work, personal leave compensation, or a combination of both. The payroll office shall attach the original Election of Option form to the Employer’s Report of Injury form (WC-3) and forward both to the Workers’ Compensation Division.

4.3. An employee who is incapacitated and unable to submit the Election of Option form shall be granted accrued personal leave, then accrued annual leave if the employee is entitled to annual leave, after exhausting personal leave. An Election of Option Form must be completed by an appropriate individual on behalf of the employee as prescribed by the employer.

4.4. If a previous compensable workers’ compensation claim is reopened after the effective date of this policy and additional TTD benefits are paid, the procedures outlined in this policy will be in effect and the employee must complete a new Election of Option form.

W. Va. Code R. § 126-158-5 Election of Option

5.1. Election to receive TTD benefits only:

5.1.1. An employee may elect to receive TTD benefits only by selecting Option I on the Election of Option form (see Attachment 1). The employee will not receive leave compensation from the county board of education, except for the initial period prior to receiving a benefit check from the Workers’ Compensation Division.

a. Employees of county boards of education continue to accrue seniority credit while receiving TTD benefits during absences from work due to a work-related, compensable injury, but do not accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code §18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when TTD benefits only are being received, will NOT be paid.

5.1.2. When an employee elects to receive TTD benefits only, paid personal leave may be utilized only until the initial benefit check is received.

5.1.3. When the initial TTD check is received, the employee must reimburse his/her employer the net value of personal leave benefits paid, according to the procedures presented in the Accounting Procedures Manual for County Boards of Education issued by the Office of School Finance. If payment is not made in full at the time the initial TTD check is received, the employee and the employing agency shall complete the Assignment of Future Wages form (Attachment 2). The number of days of paid leave shall be restored to the employee’s leave balance as the repayments are made.

a. Any employee who refuses to reimburse the net value of the paid personal leave shall be subject to disciplinary action and deductions from subsequent paychecks shall be made until the total amount of paid leave used is reimbursed. The deductions will be made in accordance with the West Virginia Division of Labor regulations on wage payments and collections.

b. When leave is restored to an employee, appropriate adjustments shall be made by the employing agency’s payroll office to obtain credit for the agency’s share of contributions for social security and retirement and for the deductions that were withheld from the employee’s personal leave pay and to make any necessary adjustments in taxable wages, tax deductions, retirement contributions, FICA and Medicare deductions, and personal leave records.

5.2. Election to receive leave compensation only:

5.2.1. An employee may elect to receive compensation for accumulated personal leave only, or annual leave if requested by the employee, instead of TTD benefits by selecting Option 2 on the Election of Option form (see Attachment 1). The employee is treated the same as any other employee granted personal leave pursuant to W. Va. Code §18-4-10.

a. Employees of boards of education continue to accrue seniority credit while receiving leave compensation during absences from work due to a work-related, compensable injury, and accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code §18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when leave compensation is being received will be paid.

5.2.2. After an employee exhausts his/her accrued personal leave, and accrued annual leave if requested, the employee may start receiving TTD benefits during the remaining absence from work due to a work-related, compensable injury, pursuant to W. Va. Code §23- 4- 6. The employee is responsible for contacting the Workers’ Compensation Division to make this request.

a. Employees of county boards of education continue to accrue seniority credit while receiving TTD benefits during absences from work due to a work-related, compensable injury, but do not accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code §18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when TTD benefits only are being received, will NOT be paid.

5.3. Election to receive a combination of TTD benefits and compensation for accrued leave:

5.3.1. An employee may elect to receive a combination of TTD benefits and compensation for accrued personal leave, or accrued annual leave if requested, by selecting Option 3 on the Election of Option form (see Attachment 1). The employee shall receive leave compensation only to the extent the leave compensation is required, when added to the TTD benefits, to equal the amount of gross wages regularly paid the employee.

5.3.2. Personal leave compensation equal to the employee’s regular gross pay may be paid prior to the award of TTD benefits.

a. If the personal leave compensation paid to the employee prior to the award of TTD benefits, when added to the TTD benefits, is in excess of the employee’s regular gross pay, the excess payment shall be deducted from the employee’s subsequent pay, according to the procedures presented in the Accounting Procedures Manual for County Boards of Education issued by the Office of School Finance. The employee and the employing agency shall complete the Assignment of Future Wages form (Attachment 2). The number of days of paid leave shall be restored to the employee’s leave balance as the deductions are made.

b. Any employee who refuses to have the excess payment deducted from the employee’s subsequent pay until the total amount of the overpayment is recovered shall be subject to disciplinary action. Such deductions will be made in accordance with the West Virginia Division of Labor regulations on wage payments and collections.

c. When leave is restored to an employee, appropriate adjustments shall be made by the employing agency’s payroll office to obtain credit for the agency’s share of contributions for social security and retirement and for the deductions that were withheld from the employee’s personal leave pay and to make any necessary adjustments in taxable wages, tax deductions, retirement contributions, FICA and Medicare deductions, and personal leave records.

5.3.3. The employee’s accrued personal leave days shall be charged only for such days as equal the amount of personal leave compensation required to compensate the employee at the employee’s regular gross rate of pay.

a. Employees of county boards of education continue to accrue seniority credit while receiving leave compensation during absences from work due to a work-related, compensable injury, and may accrue credit for years of experience by use of accrued personal leave.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code §18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when leave compensation is being received will be paid.

5.3.4. After an employee exhausts his/her accrued personal leave, and annual leave if requested, the employee may then receive TTD benefits only during the remaining absence from work due to the work-related, compensable injury, pursuant to W. Va. Code §23-4-6.

a. Employees of county boards of education continue to accrue seniority credit while receiving TTD benefits during absences from work due to a work-related, compensable injury, but do not accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code §18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when TTD benefits only are being received, will NOT be paid.

5.3.5. Nothing in this policy prohibits an employee from electing to request a medical leave of absence without pay instead of using personal/annual leave, even if an employee will not be receiving TTD benefits. For example, if an employee is absent from work for only three (3) calendar days due to a work-related, compensable injury, the employee is not eligible for TTD benefits. The employee may, if desired, choose not to use personal leave and instead, request a medical leave of absence without pay.

W. Va. Code R. § 126-158-6 Return to Work Notice

6.1. Workers’ Compensation Form WC309, Return to Work Notice, must be completed by the employing agency and be forwarded to the Workers’ Compensation Division when the employee returns to work, regardless of which of the preceding options the employee elected.

W. Va. Code R. § 126-158-7 Discriminatory Practices

7.1. W. Va. Code §§23-5A-1 et seq. provides that an employer shall not terminate an injured employee while the employee is absent from work due to a work-related, compensable injury and is receiving or is eligible to receive TTD benefits, unless the injured employee has committed a separate dischargeable offense.

7.1.1. A separate dischargeable offense shall mean misconduct by the injured employee wholly unrelated to the injury or the absence from work resulting from the work-related, compensable injury.

7.1.2. A separate dischargeable offense shall not include absence resulting from the injury or from the inclusion or aggregation of absence due to the injury with any other absence from work.

7.2. It shall be a discriminatory practice for an employer to fail to reinstate an employee who has sustained a work-related, compensable injury to the employee’s former position of employment, upon demand for such reinstatement, provided that the position is available and the employee is not disabled from performing the essential duties of the position, with or without accommodations.

7.2.1. If the former position is not available, the employee shall be reinstated to another comparable available position with duties the employee is capable of performing. A comparable position shall mean a position which is comparable in wages, working conditions, and, to the extent reasonable practicable, duties to the position held at the time of injury.

7.2.2. A written statement from a medical professional approving the injured employee’s return to regular employment shall be prima facie evidence that the employee is able to perform his/her duties.

7.2.3. In the event that neither the former position nor a comparable position is available, the injured employee shall have a right to preferential recall to any job which the employee is capable of performing which becomes available after the employee notifies his/her employer that reinstatement is desired.

7.2.4. The right of preferential recall shall be in effect for one year from the day the injured employee notifies the employer that reinstatement is desired. The employee must provide the employer with a current mailing address during the one-year period.

Workers Compensation Election of Option Form For County Board of Education Employees Employee Name: _______________________________ Date of Injury: ______________________ Social Security No: Claim No. (If known.): ________________ Employer: ________________________________ _____________________________________ (County Board) Position and Location (School or Other)

To the employee: Please submit this form to your agency payroll office. If you are absent from work due to a work- related injury, you must complete this form within three (3) days of the injury and choose to (1) receive only Temporary Total Disability (TTD) benefits from workers’ compensation, (2) receive only compensation for accrued personal leave, or (3) receive a combination of TTD benefits and compensation for accrued personal leave.

Please Note: You will only accrue retirement benefits for that portion of pay attributable to personal leave utilized and actual days worked.

Option 1-- Election to receive only Total Temporary Disabilities (TTD) benefits:

I elect to receive only TTD benefits from workers’ compensation for the period that I am absent from work due to a work-related compensable injury. I understand that by selecting this option, I will receive compensation for accrued personal leave only until I start receiving TTD benefits. I also understand that after I start receiving TTD benefits, I must reimburse the net value of the paid leave to my employer, who will then restore the personal leave for which I was paid as the repayments are made. Furthermore, I understand that if I fail to reimburse my employer for the net value of the paid leave used, I may be subject to disciplinary action and the amount will be deducted from my future wage payments. After I start receiving TTD benefits, I understand that I will be on a non- paid status. I understand that I will continue to accrue seniority while I am absent from work and receiving TTD due to a work related compensable injury. I will not accrue work-experience credit for incremental pay purposes. I will continue to earn personal leave as long as I remain under contract with the county board of education.

Option 2 -- Election to receive only accrued personal leave compensation:

I elect to receive only personal leave compensation instead of workers’ compensation TTD benefits for the period that I am absent from work due to a work-related compensable injury. While I am receiving paid leave benefits, I understand that I will continue to accrue personal leave and be paid for holidays, inclement weather days, or outside of school environment days that occur during this period. I also understand that while I am receiving paid benefits I will continue to accrue seniority and work- experience credit for incremental pay purposes. After I exhaust all of my personal leave, I understand that I am eligible to receive TTD benefits during any remaining period¹ of absence from work due to a compensable injury, if so requested. I understand that if I choose to receive TTD benefits, I will revert to a non-- paid status. I understand that I will continue to accrue seniority while I am absent from work and receiving TTD due to a work related compensable injury. I will not, however, continue to accrue work- experience credit for incremental pay purposes. Once I have been compensated for all of my accrued personal leave days, I am no longer entitled to compensation for any holidays, inclement weather days, and outside of school environment days which occur during the time when I am absent from work due to work-related injury. However, I will continue to earn personal leave as long as I remain under contract with the county board of education.

Option 3 -- Election to receive a combination of Temporary Total Disability (TTD) benefits and compensation for accrued personal leave:

I elect to receive a combination of TTD benefits from workers’ compensation and personal leave compensation. I understand that I will receive compensation for accrued personal leave until I start receiving TTD benefits. Once I start receiving TTD benefits, I understand that I will receive personal leave compensation only to the extent that the compensation is required, when added to the workers’ compensation benefits, to equal the amount of compensation that I am regularly paid. My accrued personal leave days will be charged only for the number of days, or portion thereof, that is required to compensate me at my regular rate of pay.

I also understand that any personal leave compensation that I received during the period prior to the award of TTD benefits, when added to the TTD benefits, that is in excess of my regular gross pay will be deducted from subsequent pays and that the appropriate amount of personal leave will be restored as the deductions are made. Furthermore, I understand that if I refuse to have the excess payment deducted from my subsequent pay, I may be subject to disciplinary action.

I understand that I will continue to accrue seniority while I am absent from work and receiving TTD due to a work-related compensable injury. I will not accrue work- experience credit for incremental pay purposes unless I receive payment from the county board of education totaling one hundred thirty-three full days of employment within an employment term. As long as I have a positive personal leave balance, I am entitled to compensation for all holidays, inclement weather days, and outside of school environment days which occur during the time which I am absent from work due to the work-related injury. Further, I will continue to earn personal leave as long as I remain under contract with the county board of education.

Employee’s Statement: I understand that I must choose one of the above options when I am absent from work due to a work-related compensable injury.

Employee’s Signature___________________________________Date Submitted__________________ TO BE COMPLETED BY THE EMPLOYER -- This document was received by:

Employer’s Representative Signature_________________________Date Received_____________ ASSIGNMENT OF FUTURE WAGES STATE OF WEST VIRGINIA COUNTY OF _________________ I, __________________________ hereby assign to the ____County Board of Education (Employee) future wages due me from the said county board of education in the total amount of $ (numeric) _______________________________________________________________________________Dollars, which shall be deducted from my future pay in equal amounts of $_______per pay period, with a final deduction of $____________________, until the total amount is repaid.

In accordance with the regulations of the Wage Pay and Collection Act, three-fourths of my earnings from each pay period, less deductions, shall be exempt from wage assignments. _____________________________________________ (Employee’s Signature) __________________________________________________________________________________ Taken, sworn to, and subscribed before me on this ________ day___________________, 2 ___________. _______________________________________ Notary Public’s Signature My commission expires , 2 .

Accepted by________________________________________________on this, the ____________day of (Employer’s Representative) ___________________, 2 . ____________________________________________ (Employer’s Signature) ____________________________________________ (Title) ____________________________________________ (County Board of Education)

Note: The employer should retain the original and provide a copy to the employee.

126CSR158

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 2

Series 161 Regulations for Alternative Certification Programs for the Education of Teachers (Policy 5901)

W. Va. Code R. § 126-161-1 General

1.1. Scope. -- This legislative rule establishes a process for the development of alternative programs for the education of teachers through which qualified persons will become licensed teachers in West Virginia pursuant to W. Va. Code §§18A-3-1a through 18A-3-1j and the West Virginia Board of Education (WVBE) approval processes for officially recognizing pedagogical standards and programs pursuant to W. Va. Code §18A-3-2a(a)(1)(C).

1.2. Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code §§18-2E-10, 18-20-10, 18A‑3‑1a, 18A‑3‑1b, 18A‑3‑1c, 18A-3-1d, 18A-3-1e, 18A-3-1f, 18A-3-1g, 18A-3-1h, 18A-3-1i, 18A-3-1j, and 18A-3-2a.

1.3. Filing Date. -- July 12, 2023.

1.4. Effective Date. -- August 14, 2023.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR161, Policy 5901, Regulations for Alternative Certification Programs for the Education of Teachers, filed September 9, 2021, and effective October 12, 2021.

W. Va. Code R. § 126-161-2 Purpose

2.1. This policy creates an alternative means for a qualified person to earn a teaching certificate by authorizing a school or county board to offer a rigorous alternative program for teacher certification in partnership with a regionally accredited institution of higher education (IHE), an entity affiliated with a regionally accredited IHE, or the West Virginia Department of Education (WVDE), all under the supervision of the WVBE. Additional alternative programs to prepare teachers established or adopted solely by the WVBE are separate from the programs established under W. Va. Code §§18A-3-1b, 18A-3-1g, and 18A-3-1h, do not require any partner, are applicable only to persons who hold a bachelor’s degree from an accredited IHE, and are subject to other provisions of W. Va. Code §§18A-3-1 through 18A-3-1i only to the extent specifically provided within section 12. WVBE approval processes for pedagogical standards and programs pursuant to W. Va. Code §18A-3-2a(a)(1)(C) which creates a third set of conditions by which a person may be issued a Professional Teaching Certificate for teaching in the public schools are provided and only subject to provisions as described in section 14.

W. Va. Code R. § 126-161-3 Summary

3.1. W. Va. Code provides requirements for alternative programs for the education of teachers and other programs leading to acquisition of the Professional Teaching Certificate. This policy outlines the responsibilities of the state, counties, partners, and other entities in meeting these requirements.

W. Va. Code R. § 126-161-4 Definitions

4.1. Alternative Certification Education Preparation Program Review Board (ACEPPRB). Created to make recommendations to the WVBE regarding program approval of initial, continuing, and probationary status of alternative certification programs for the education of teachers.

4.2. Area of Critical Need and Shortage. A West Virginia county-posted teaching position that has been posted at least two times, or for a ten-day period, and for which no fully-certified person has applied pursuant to W. Va. Code §18A-4-7a and as described in W. Va. Code §§18A-3-1a through 18A-3-1i and sections 5 through 11.

4.2.a. Employment requirements for licensure and certifications acquired through programs approved in accordance with sections 12 and 14 may be separate from those of sections 5 through 11 and only applicable as identified within W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/ Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202).

4.3. Entity Affiliated with an IHE. One member of a partnership of a WVBE-approved alternative certification program for the education of teachers that is neither a West Virginia school or county, nor the WVDE, but has an official agreement or contract with a regionally accredited IHE that has an accredited program for the education of professional educators that has been approved by the WVBE, that provides for responsibilities such as recruitment, support, supervision, and mentoring of the alternative program teachers who are enrolled in the alternative certification program.

4.4. Institution of Higher Education (IHE). A college or university accredited by one of the regional accrediting agencies recognized by the Council for Higher Education Accreditation (CHEA), or by one of the National Faith-Related Accrediting Organizations recognized by CHEA and the United States Department of Education, or by the Accrediting Council for Independent Colleges and Schools, to award degrees at a stipulated level, i.e., bachelor’s degree, master’s degree, and/or doctorate.

4.5. West Virginia Pedagogical Standards. As set forth in W. Va. 126CSR142, Policy 5310, Performance Evaluation of School Personnel, section 13, Teacher Evaluation Standards and Elements the West Virginia Professional Teaching Standards. This set of standards was adopted and are recognized by the WVBE as adequate pursuant to W. Va. Code §18A-3-2a(a)(1)(C).

W. Va. Code R. § 126-161-5 Procedures for Alternative Certification Programs for the Education of Teachers

5.1. Alternative Program Partners and Partnership Agreements.

5.1.a. To meet areas of critical need and shortage within West Virginia counties, this policy creates an alternative means for a qualified person to earn a teaching certificate by completing a rigorous alternative program. WVBE-approved alternative certification program partnerships formed pursuant to the requirements of W. Va. Code §§18A-3-1a through 18A-3-1i are described in sections 5 through 11.

5.2. Necessary Partners. In addition to one or more West Virginia schools or counties, a partnership shall include one or more of the following:

5.2.a. a regionally accredited IHE with a program for the preparation of professional educators that has been approved by the WVBE.

5.2.b. an entity affiliated with a regionally accredited IHE that has a WVBE-approved program for the preparation of professional educators.

5.2.c. the WVDE.

5.3. Partnership Agreements.

5.3.a. A partnership shall adopt a written partnership agreement in accordance with W. Va. Code and this policy that governs how the partnership will conduct its alternative program for the education of teachers. An agreement will identify the rights, roles, and responsibilities of each partner. Partnership agreements must be included as part of these alternative certification program proposals.

5.3.b. Required Contents. At a minimum, a written partnership agreement shall include the following:

5.3.b.1. procedures and criteria for determining whether a person is eligible to enroll in a WVBE-approved alternative certification program.

5.3.b.2. a requirement that a vacancy must be advertised at least twice (10 working days) pursuant to W. Va. Code §18A-3-1b, and if no certified teacher applies, only then may the partnership consider accepting a candidate for enrollment into the alternative program.

5.3.b.3. procedures and criteria for making a formal offer of employment to the candidate who is eligible to enroll in the alternative program for the education of teachers and who has applied for the posted position. Individuals may not participate in an alternative program unless they hold an alternative teaching certificate. Upon receiving an alternative teaching certificate, an individual may enroll into the alternative certification program. The alternative program teacher must begin receiving the required instruction/training either simultaneously or before assuming the role of an educator.

5.3.b.4. a detailed list, with descriptions of the categories, methods, and sources of instruction that the alternative program will provide.

5.3.b.5. a description of the phases of on-the-job training and supervision that the alternative program will provide.

5.3.b.6. a detailed description of the academic and performance standards that the alternative program teacher shall satisfy in order to receive the partnership’s recommendation that the State Superintendent of Schools (State Superintendent) issue a teaching certificate.

5.3.b.7. procedures for selecting and training the professional support team, pursuant to W. Va. Code §18A-3-1c, who will instruct, mentor, and/or supervise the alternative program teacher(s).

5.3.b.8. provisions for determining tuition or other charges, if any, relating to an alternative program for the education of teachers pursuant to W. Va. Code §18A-3-1c.

5.3.b.9. a requirement, subject to the provisions of W. Va. Code §18A-3-1f, that the hiring authority for any school or county board that hires an alternative program teacher will renew the alternative program teacher’s contract from year-to-year as long as the teacher makes satisfactory progress in the alternative education program and until the teacher completes the alternative program for the education of teachers.

5.3.b.10. any other provisions that the partners consider necessary or helpful to ensure that the alternative program operates in accordance with this policy.

W. Va. Code R. § 126-161-6 Required Components of an Alternative Certification Program Proposal

6.1. Counties and necessary partners submitting an alternative certification program proposal for review and approval by the Alternative Certification Educator Preparation Program Review Board (ACEPPRB) and WVBE must include within the written proposal all required components described within section 6.2 and meet all requirements of the partnership agreement described within section 5.3. Partnership agreements must be included as part of these alternative certification program proposals.

6.2. In addition to requirements identified in section 5.3, a proposal for an alternative program for the education of teachers must include, at a minimum, each of the following components:

6.2.a. the name of the alternative certification program being proposed.

6.2.b. a brief description of the program including the professional teacher licensure to which the program will lead: provisional to professional teacher licensure for general education teachers, special education teachers, elementary teachers, teachers of American Sign Language (ASL), or combination of these.

6.2.c. the grade levels and endorsements program completers will be issued in accordance with Policy 5202.

6.2.d. each partner that makes up the partnership of the alternative certification program being proposed.

6.2.e. a list of roles and responsibilities of each program partner, i.e., alternative program provider, program participant/teacher, school principal, county superintendent, IHE, etc.

6.2.f. a description of the method(s) used for selecting team members, and a list of members and their job titles who make up the Professional Support Team.

6.2.g. a detailed list of the academic and performance standards by which the alternative program teacher(s) will be evaluated, including, but not limited to, performance assessment rubrics with a description of a minimum of three performance assessments that will be required of each program teacher during the first year in the alternative certification program.

6.2.h. an orderly set of deadlines, forms, and guidance to govern each member in the partnership.

6.2.i. the process for recruiting persons to enroll in the alternative program.

6.2.j. a candidate’s process for enrolling in an approved education provider’s alternative program for the education of teachers, including when to apply to WVDE for an alternative program teacher certificate.

6.2.k. procedures for developing the partnership agreement(s) and copies of each partnership agreement.

6.2.l. procedures and criteria for determining eligibility of candidates pursuant to W. Va. Code and this policy.

6.2.m. standards for how often and what lengths of time an alternative program teacher must be observed and must observe in the classroom of a mentor or other experienced teacher(s).

6.2.n. guidelines for determining what tuition or other fees, if any, an approved education provider may impose relating to an alternative program for the education of teachers in accordance with W. Va. Code §18A-3-1c.

6.2.o. a process for alternative program participants to apply for and obtain their alternative program teaching certificate.

6.2.p. a sample of each form to be used by members of the professional support team when observing, modeling strategies, videoing instruction, evaluating, etc., the alternative program teacher(s), and any other forms the team may use.

6.2.q. a detailed list of course descriptions and/or professional learning and the delivery methods for the instruction required by this policy.

6.2.r. a list of guidelines and/or plans for preparing the alternative program teacher to pass the state-approved and required competency exam(s) for teaching.

6.2.s. standards for evaluation of the alternative program teacher as set forth in this policy.

6.2.t. processes and/or procedures for communicating the final evaluation and recommendation of the alternative program teacher to the State Superintendent, including ensuring the alternative program teacher understands the right to appeal and the appeal process.

6.2.u. assurances of compliance with this policy.

W. Va. Code R. § 126-161-7 Candidate Eligibility

7.1. Prior to being hired at the county level as an alternative certification program participant, candidates must apply for and attain an Alternative Teaching Certificate. Upon receiving an Alternative Teaching Certificate, candidates may enroll to participate in a WVBE-approved program for alternative certification.

7.2. Eligibility criteria for candidates to be issued an Alternative Teaching Certificate and enroll into alternative certification programs must include, but may not be limited to, the following:

7.2.a. State Minimum Candidate Eligibility Criteria.

7.2.a.1. Meet general requirements of Policy 5202, section 9.1.

7.2.a.2. Meet requirements of Policy 5202 for a criminal history record check.

7.2.a.3. Hold a minimum of a bachelor’s degree from a regionally accredited IHE and meet requirements of grade point average aligned to Policy 5202 and the West Virginia Licensure Testing Directory found on the WVDE website.

7.2.a.4. Pass the WVBE-required basic skills exam(s) or qualify for an exemption of the exam(s).

7.2.a.5. Receive a formal offer of employment from the county board for a qualifying vacancy.

7.2.b. Additional Candidate Eligibility Criteria Required of Candidates for General Education Endorsements.

7.2.b.1. Possess relevant academic or occupational qualifications that reasonably indicate the person will be competent to fill the teaching position in which the candidate would be employed, as determined and approved by the county. To clarify, official transcripts reflecting an academic major or appropriate documentation of occupational qualifications the same as, or similar to, the subject matter which the alternative program candidate is being hired to teach are required.

7.2.b.2. Pass the WVBE-required content exam(s) for the endorsement(s) or qualify for an exemption of the exam(s).

7.3. If a person seeks certification to teach ASL, in addition to other eligibility requirements for general education endorsements as described in this policy, the candidate shall pass one or more appropriate WVBE-approved tests demonstrating proficiency in ASL.

7.4. At the conclusion of the WVBE-approved alternative certification program, teachers in the general education teaching path shall be required to meet the proficiency score(s) on the appropriate state competency exam(s) in professional education.

7.5. At the conclusion of the alternative certification program teachers in the special education teaching path completing a WVBE‑approved alternative certification program shall be required to meet the proficiency score(s) on the appropriate state competency exam(s) in special education content and the state competency exam(s) in professional education.

7.6. The employment date identified for a beginning alternative certification teacher applying for the Alternative Teaching Certificate must align with the qualifying job posting and be a future date. These employment dates shall not precede the date of application. Enrollment into WVBE-approved alternative certification programs for the education of teachers must not precede the effective date of the Alternative Teaching Certificate.

7.7. All WVBE-approved exams, assessments, and passing score requirements described in this policy are identified in Policy 5202 and the West Virginia Licensure Testing Directory found on the WVDE website. If the state-approved program resulting from this policy requires successful completion of a nationally-normed teacher performance assessment, upon successful completion of the assessment participants may be exempt from the required professional education exam(s). The state-approved program provider sets the adopted teacher performance assessment’s acceptable range for proficiency level and/or cut scores, unless the WVBE has established proficiency levels for the specific assessment(s) within the West Virginia Licensure Testing Directory found on the WVDE website.

W. Va. Code R. § 126-161-8 Alternative Program Instruction and the Professional Support Team

8.1. Alternative Program Instruction General Education Content Teacher.

8.1.a. Instruction requirements for preparing general education content teachers in a WVBE‑approved alternative program for the education of teachers shall include, but not be limited to, the following:

8.1.a.1. six or more semester credit hours or an equivalent number of staff development hours of instruction to include, but not be limited to, the following subjects: student assessment, development and learning, curriculum, classroom management, use of educational computers and other technology, special education, diversity, trauma-informed and social-emotional best practices, and school law. If the alternative program teacher will be teaching children in elementary school, the teacher must also receive instruction in early literacy.

8.1.b. General education alternative certification programs shall include additional training(s) and/or testing approved by the WVDE if the teacher’s endorsement requires instruction in lab based/experiential settings. The additional training(s) and/or testing shall include, but is not limited to, student and staff safety, lab safety, lab management, and instructional procedures for the lab setting. Program participants may be required to pass a WVDE-approved assessment to demonstrate proficient knowledge and skills to safely and adequately teach in a lab setting. For driver education, program participants must also meet the requirements identified in Policy 5202.

8.2. Alternative Program Instruction Special Education Teacher.

8.2.a. Instruction requirements for preparing highly qualified special education teachers (applicable to certified teachers who have at least a bachelor’s degree from a program for the preparation of teachers from a regionally accredited IHE seeking a special education endorsement as described in W. Va. Code §18A-3-1g) and preparing highly-qualified special education teachers (individuals who are not currently certified seeking a special education endorsement as described in W. Va. Code §18A-3-1h) in a WVBE-approved alternative program for the education of teachers shall include, but not be limited to, the following:

8.2.a.1. six or more semester credit hours or an equivalent number of staff development hours of instruction to include, but not be limited to, the following subjects: student assessment, development and learning, curriculum, classroom management, use of educational computers and other technology, special education, diversity, trauma-informed and social-emotional best practices, school law, and Individuals with Disabilities Education Act of 2004, Public Law 108-446 (IDEA). If the alternative program teacher will be teaching children in elementary school, the teacher must also receive instruction in early literacy.

8.2.b. Alternative certification programs for special education shall include additional instruction to provide the skills necessary for the delivery of instructional services to students with disabilities. Required instruction in alternative certification programs for special education shall include a focus on developing Individualized Education Programs (IEPs) with state-approved content standards, differentiated instruction, school and IDEA law, positive behavioral interventions and supports, and preparation necessary to help the alternative program teacher meet the proficiency score(s) on the appropriate state competency exam(s) in special education content and professional education.

8.2.c. Special education endorsement specific requirements for additional instruction include the following:

8.2.c.1. alternative programs for the deaf and hard of hearing endorsement shall include additional instruction in auditory habilitation; language development and intervention across the curriculum; curriculum methods for deaf and hard of hearing; development and remediation of reading, writing and discourse for the deaf and hard of hearing; human growth and development emphasizing knowledge of the developmental characteristics (language, physical, biological, learning, social, and emotional) for deaf and hard of hearing students, administration and interpretation of assessments to determine the individualized needs of the deaf and hard of hearing; an introduction to exceptional children including children with multiple disabilities; and ASL.

8.2.c.2. alternative programs for the visual impairment endorsement shall include additional instruction in normal development, anatomy and physiology, basic terminology, and structure and function of the human visual system which includes the eye and brain structures related to vision; potential effects of a visual impairment on development and learning in sensory/motor development; vocational/transitional skills development; communication and social skills; diseases and disorders of the human visual system; common eye and other visual disorders; possible effects of medications, and their implications in the home, classroom, and other learning environments including cortical visual impairment (CVI) and how it affects a student’s functioning in the classroom and in the community; design of instructional goals and objectives that integrate the expanded core curriculum with the state-approved content standards; awareness of low, middle, and high tech devices that meet the accessibility needs of learners who are visually impaired, including learners with additional disabilities; the importance and basic awareness of orientation and mobility instruction for learners with visual impairments; instruction of learners with low vision on appropriate use of optical and non-optical devices and proficiency in the reading and writing alphabetic and fully contracted braille code both Unified English Braille (UEB) and Nemeth and methods of instructional strategies for teaching reading and math; the impact of combined vision and hearing impairment on development and learning including cognition, language, and motor skills; basic proficiency in conducting appropriate functional vision assessments and learning media assessment and the interpretation of visual functioning information to determine appropriate options and learning media (e.g., specialized materials, equipment, and/or methods) for accessing instructional programs based on individual age, setting, and present levels of developmental and/or academic functioning.

8.2.c.3. alternative programs for the autism endorsement shall include additional instruction in a historical overview and evolution of the diagnosis with major changes beginning with the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, resulting in Autism Spectrum Disorder diagnosis; definition, characteristics, and common comorbidities; eligibility criteria relating to deficits in social communication and social interaction with restricted repetitive and stereotyped patterns of behavior; an introduction to children with exceptionalities; typical development versus atypical development relating to autism spectrum disorder focusing on physical issues (gross motor, fine motor, system dysregulations, and autoimmune issues), neurological aspects (parts of the brain and auditory/visual/sensory processing issues); developmental delays and early intervention; therapies (speech, language, occupational, and behavior); administration and interpretation of assessments to determine the individualized needs of students with autism; Tier I, II, and III behavior supports and interventions; appropriate educational modifications and accommodations; instructional strategies and supports; and transition supports and services.

8.3. Additional Required Topics of County-Provided Alternative Certification Program Instruction for Elementary Education.

8.3.a. Educator preparation programs preparing candidates seeking licensure for elementary education must provide training and instruction to:

8.3.a.1. include instruction in state-adopted grade-level content standards, foundational reading and mathematics skills, and how to implement reading instruction using high-quality instructional materials; and

8.3.a.2. provide effective instruction and intervention for students with reading and mathematics deficiencies, including students with characteristics of dyslexia or dyscalculia; and

8.3.a.3. understand and use student data to make instructional decisions.

8.3.b. Programs for specific learning disabilities, including dyslexia and dyscalculia, should ascribe to a common set of professional standards for the benefit of the students served. The basis of ascribing to common standards requires recognizing common characteristics of the disabilities. The International Dyslexia Association offers widely-adopted and consistent standards to guide the preparation, certification, and professional development for teachers of reading and related literacy skills in classroom, remedial, and clinical settings.

8.4. Methods of Instruction.

8.4.a. A WVBE-approved alternative program for the education of teachers may provide instruction through nontraditional methods including, but not limited to, methods such as a series of modules covering the various topics, electronically delivered instruction, summer sessions, professional learning, and job-embedded mentoring.

8.5. Professional Support Team.

8.5.a. A WVBE-approved alternative program for the education of teachers shall provide a professional support team whose structure is consistent with the induction model that the partnership’s participating school(s) follow for supporting, supervising, inducting, and mentoring a beginning teacher, as described in the county’s plan of Support for Improving Professional Practice (WV SIPP) pursuant to W. Va. Code §18A‑3C‑3.

8.5.b. The county superintendent, or designee, in a WVBE-approved alternative program for the education of teachers shall maintain the following required documentation/evidence of a teacher’s participation:

8.5.b.1. team members and evidence of training of the professional support team.

8.5.b.2. copies of notes for monthly meetings of the professional support team.

8.5.b.3. copies of weekly observation notes for each alternative program teacher reflecting the supervisory activities (observations, reflection meetings, etc.) team members completed with the alternative program teacher during the teacher’s first semester of the first year in the alternative certification program.

8.5.b.4. copies of bi-weekly observation notes for each alternative program teacher reflecting the supervisory activities of the team members during the second semester of the teacher’s first year in the alternative certification program.

8.5.b.5. copies of any other documentation the Professional Support Team may have in regard to each teacher’s progress in the alternative program.

8.5.b.6. at the conclusion of a teacher’s participation in the alternative program, a copy of the alternative program teacher’s final evaluation recommendation.

8.5.c. The professional support team shall provide written evaluation reports of each alternative program teacher and submit copies of each report to the alternative program provider prior to the first day of the final full month of the school year in the teacher’s first year of participation in the program. Pursuant to standards for how often and what lengths of time an alternative program teacher must be observed and must observe in the classroom of a mentor or other experienced teacher(s) described within the alternative certification program’s proposal, evaluations shall be conducted at designated times throughout each teacher’s first year participating in the alternative program, and at a minimum, every six to eight weeks, at the discretion of the professional support team and in collaboration with the school principal. Evaluation reports shall be submitted to WVDE using a form designed by the alternative program provider and approved by the principal.

8.5.c.1. Progress evaluations shall include the following:

8.5.c.1.A. each evaluation report shall describe the alternative program teacher’s progress toward meeting the program’s academic and performance standards, in accordance with the required comprehensive evaluation report, and including the results of the performance assessments as described in W. Va. Code §§18A-3-1b, 18A-3-1c, and 18A-3-1i.

8.5.c.1.B. at the conclusion of an approved alternative program for the education of teachers, the approved education provider shall prepare a comprehensive evaluation report on the alternative program teacher’s performance. This comprehensive evaluation report, submitted to the State Superintendent, shall contain a recommendation regarding licensure of the alternative program teacher. The State Superintendent shall develop standard forms for this report, and the report shall be made on one or more of the State Superintendent’s forms. The recommendation shall include the signature of the principal, the county superintendent, and at least one other member of the professional support team.

8.5.c.1.C. all final decisions on the progress of an alternative program teacher shall rest with the principal.

W. Va. Code R. § 126-161-9 Alternative Certification Licensure, Comprehensive Evaluation, and Rights of the Teacher

9.1. Alternative Certification Licensure.

9.1.a. The alternative program teacher certificate is issued initially for one year and can be renewed twice for a total of three years. The teacher applying for renewal must meet all the following each year:

9.1.a.1. show satisfactory progress in the alternative program for the education of teachers.

9.1.a.2. remain enrolled in and actively participates in a WVBE-approved alternative program for the education of teachers.

9.1.a.3. remain employed in the critical need and shortage position for which the teacher was hired in a school that is part of the partnership of a WVBE-approved alternative program for the education of teachers.

9.1.a.4. receive satisfactory evaluations pursuant to W. Va. Code §18A-2-12 and has the recommendation of the county superintendent.

9.1.b. In the event that the alternative program teacher certificate needs to be renewed and the individual has been released from the qualifying vacancy due to a reduction in force, the alternative teaching certificate may be renewed only if the individual is employed in an area of critical need and shortage that is for the same endorsement and programmatic levels received on the initial alternative teaching certificate in order to continue the program.

9.1.c. Upon successful completion of all conversion requirements as listed in Policy 5202, an alternative teaching certificate may be converted to a provisional teaching certificate. The provisional teaching certificate is issued initially for one year and can be renewed twice for a total of three years. Upon successful completion of all conversion requirements as listed in Policy 5202, a provisional teaching certificate may be converted to a professional teaching certificate. Complete requirements for issuance of alternative certification licensure and professional licensure are detailed within Policy 5202.

9.2. Comprehensive Evaluation.

9.2.a. At the conclusion of an approved alternative program for the preparation of teachers, the approved education provider shall prepare and submit a comprehensive evaluation report to the State Superintendent on the alternative program teacher’s performance, which includes a recommendation regarding provisional licensure of the alternative program teacher of approved, insufficient, or disapproved.

9.2.a.1. Approved recommends issuance of a provisional teaching certificate to include the name of the teacher and the endorsement(s) and grade levels for licensure as listed in Appendix A of Policy 5202.

9.2.a.2. Insufficient recommends that a provisional teaching certificate not be issued, but that the candidate be allowed to seek reentry on one or more occasions in the future to an approved alternative program for the education of teachers.

9.2.a.3. Disapproved recommends that a provisional teaching certificate not be issued to the alternative program teacher. The alternative program teacher will not be allowed to enter into another approved alternative program for the education of teachers in West Virginia, but it will not prohibit the alternative program teacher from pursuing teacher certification through a traditional route in other approved programs for the education of teachers in West Virginia.

9.2.b. The approved education provider shall provide, at the end of the program, the alternative program teacher with a copy of the alternative program teacher’s written evaluation report and recommendations before the approved education provider submits the report to the State Superintendent. The alternative program teacher has the right to appeal the alternative certification program provider’s recommendation, provided that the written appeal is in accordance with the certification appeals process established by the WVBE and is submitted within 15 days of the alternative certification program teacher’s receipt of the alternative program provider’s recommendation.

9.3. Rights of the Alternatively Certified Teacher.

9.3.a. An alternative program teacher certificate is the same as a professional teaching certificate for the purpose of issuing a continuing contract. Participation in an alternative education program pursuant to this policy shall not affect any rights, privileges, or benefits to which the participant otherwise would be entitled as a regular employee and may not alter any rights, privileges, or benefits of participants on continuing contract status.

W. Va. Code R. § 126-161-10 Alternative Certification Educator Preparation Program Review Board (ACEPPRB)

10.1. The WVBE has created the ACEPPRB to make recommendations to the WVBE regarding initial and continuing alternative certification educator preparation program approval.

10.2. ACEPPRB Composition.

10.2.a. The ACEPPRB shall be comprised of nine members selected from the following pool of trained educators:

10.2.a.1. one member representing higher education appointed by the West Virginia Higher Education Policy Commission.

10.2.a.2. one member representing higher education appointed by the West Virginia Independent Colleges and Universities.

10.2.a.3. three members including one who was alternatively certified, representing public education, one at each programmatic level for elementary, middle, and high school, appointed by the WVBE.

10.2.a.4. two county office representatives, appointed by the WVBE.

10.2.a.5. one principal appointed by the State Superintendent.

10.2.a.6. one representative from the West Virginia Commission for Professional Teaching Standards, appointed by its chairperson.

10.2.b. ACEPPRB members must recuse themselves from deliberations and actions related to the status of an alternative certification program’s approval if they are currently employees of any entity involved in the proposal under the committee’s review. ACEPPRB members are appointed to serve three‑year terms and may choose to have their term renewed once (for an additional three years) to serve a total of two terms, not to exceed six consecutive years serving on the ACEPPRB.

10.3. ACEPPRB Functions.

10.3.a. The primary function of the ACEPPRB is to review documents and alternative certification program proposals submitted by partnerships requesting program approval for new and/or revised alternative certification educator preparation programs that lead to licensure to work in the public schools of West Virginia and submit their recommendations for approval to the WVBE.

10.4. ACEPPRB Procedures.

10.4.a. Alternative certification program proposals shall be reviewed by the ACEPPRB in accordance with this policy. The ACEPPRB shall meet at least once each academic semester, including summer, unless no materials have been submitted to it for review. Upon review of a proposed alternative certification program, the ACEPPRB will write and submit a report to the WVBE. If the ACEPPRB determines and verifies in its written report that a proposed alternative certification program for the education of teachers has serious weaknesses, the ACEPPRB may recommend that the WVBE not grant approval.

10.4.b. The following shall guide the recommendation process and written review of the ACEPPRB:

10.4.b.1. the ACEPPRB may recommend to the WVBE to approve a partnership’s application proposal to operate an alternative program for the education of teachers if the proposed program, in all material respects, complies or will comply with all components of an alternative certification program as set forth in this policy; or

10.4.b.2. the ACEPPRB may recommend to the WVBE to approve a partnership’s application to operate an alternative program to prepare highly-qualified special education teachers if the proposed program, in all material respects, complies or will comply with all components of an alternative certification program as set forth in this policy; or

10.4.b.3. the ACEPPRB may recommend to the WVBE to approve a partnership’s application to operate an alternative program for highly-qualified special education teachers if the proposed alternative program, in all material respects, complies or will comply with all components of an alternative certification program as set forth in this policy.

10.5. WVBE Approval of Alternative Certification Program.

10.5.a. Request to Become an Alternative Certification Program Provider and Alternative Certification Program Approval by the ACEPPRB.

10.5.a.1. A partnership shall make written notification to the WVBE of its intent to become an alternative certification program provider at least 60 days prior to the ACEPPRB’s scheduled meeting. The official submission of written proposals for an alternative certification program from the partnership shall be received by the WVDE at least 45 days prior to the ACEPPRB’s scheduled meeting. All written program proposals must be complete when received by the WVDE, including all required components of an alternative certification program proposal and the required partnership agreement described within section 5.3 and section 6. Incomplete proposals will not be processed or approved by the ACEPPRB. Exceptions to the timeframe for the official submission of written proposals for an alternative certification program may be made at the discretion of the WVDE.

10.6. Recommendation for Approval from the ACEPPRB to the WVBE.

10.6.a. Upon recommendation from the ACEPPRB, the WVBE may grant approval of alternative certification programs as follows:

10.6.a.1. following a review and recommendation by the ACEPPRB, the WVBE may grant initial approval to a new or revised alternative certification program provider. Initial Approval Status may be granted by the WVBE for a period of up to three school years. The alternative certification program provider will be required to document its progress and ensure the success of its graduates to promote student achievement in the public schools in West Virginia. During the initial approval status, the alternative certification program provider may make recommendations for licensure of those who successfully complete its program. Programs approved for Initial Approval Status by the WVBE prior to June 1, 2021, will remain on the status until the completion of the five-school-year period for which the program was originally approved. Programs officially recommended for Initial Approval Status by the ACEPPRB as a result of their Summer semester meeting and subsequently approved by the WVBE will have their first school year of Initial Approval Status begin as the school year immediately following the ACEPPRB meeting. All program providers approved by the WVBE for Initial Approval Status may have their program reviewed near the end of the final school year for which the program was approved, to occur during the ACEPPRB Summer semester meeting(s), to make a recommendation to the WVBE for either Continuing Approval Status or Probationary Approval Status.

10.6.a.2. following a review and recommendation by the ACEPPRB, the WVBE may grant Continuing Approval Status to those alternative certification program providers who have documented success with its program completers. Success is measured through the analysis of data to include successful program completion, retention rates of program completers, teacher evaluations, and other factors determined by the WVDE in consultation with stakeholders. For an approved program to remain on the Continuing Approval Status, a program review will take place on a five-school-year cycle.

10.6.a.3. following a review and recommendation by the ACEPPRB, the WVBE may assign Probationary Approval Status to alternative certification program providers that fail to document adequate progress and/or success with program participants and completers. Section 13 provides details for programs placed on a Probationary Approval Status.

10.6.a.4. when the ACEPPRB submits official recommendations to the WVBE for Continuing Approval Status or Probationary Approval Status, program effectiveness is evaluated based upon compliance and performance measures, with an opportunity to include a written opinion that is reflective of its members for WVBE consideration.

W. Va. Code R. § 126-161-11 Additional Policies and Prohibited Acts

11.1. Tuition and Other Fees.

11.1.a. A partner that is a regionally accredited IHE with an accredited program for the preparation of professional educators may charge tuition for academic credit that an alternative teacher receives while enrolled in the alternative program for the education of teachers, provided that the regionally accredited IHE is the entity that grants the academic credit and the charge does not exceed the per-credit rate charged for students enrolled in its standard program for the education of professional educators. A partnership may not charge tuition or impose any other fees for the participation in an alternative program for the education of teachers unless the tuition or other fee is necessary to offset the partnership’s cost of providing the alternative program for the education of teachers.

11.2. Program Implementation and Employment.

11.2.a. A partnership may not implement an alternative program until the partnership’s alternative program has been approved by the WVBE. A school or county may not employ or make a formal offer of employment to any person for the purpose of participation in an alternative certification program unless the alternative certification program is approved by the WVBE and the school or county is a member of the partnership that is operating the alternative certification program. A school or county may not continue to employ alternative program teachers unless they make satisfactory progress in the alternative certification program for which they are enrolled. A county board shall renew alternative program teacher contracts, from year-to-year as long as the teacher makes satisfactory progress in the applicable alternative education program and until the teacher completes the alternative certification program. An alternative program teacher is subject to the same force reduction policies and procedures as any other employee, except those that relate to seniority. In no event will an alternative program teacher holding an alternative teaching certificate displace a professional educator as defined in W. Va. Code §18A-3-1.

W. Va. Code R. § 126-161-12 Additional Alternative Preparation Programs to Prepare Teachers Established or Adopted Solely by the WVBE

12.1. Additional alternative preparation programs to prepare teachers established or adopted solely by the WVBE are separate from the programs established under W. Va. Code §§18A‑3‑1b, 18A-3-1g, and 18A-3-1h, do not require any partner, and are applicable only to persons who hold a bachelor’s degree from an accredited IHE and meet requirements of grade point average aligned to Policy 5202 and the West Virginia Licensure Testing Directory found on the WVDE website.

12.2. These programs are subject to other provisions of W. Va. Code §§18A-3-1 through 18A-3-1i and other sections of this policy only to the extent specifically provided within this section.

12.3. These programs may be an alternative to the standard college and university programs for the education of teachers and may address content area preparation of these persons.

12.4. These programs, pursuant to W. Va. Code §18A-3-1j, are administered and provided by the WVDE. The WVDE may approve training and coursework it determines is substantially aligned to WVBE approved pedagogical standards to be included in these alternative certification programs. The WVDE may partner and collaborate with other entities for assistance in providing these programs. These programs are for initial teacher certification.

12.5. Individuals participating or completing these programs qualify for, receive, and maintain licenses and certificates as described in Policy 5202. The WVDE may set program criteria to include that employment is not required for enrollment and participation in these programs, leading to licensure as described in Policy 5202.

12.6. Requirements of a Comprehensive Evaluation Report, for programs described in section 12, are separate from those described in other sections of this policy and, if required by the WVDE, are pursuant to W. Va. Code §18A-3-1i.

12.7. Individuals must comply with provisions of section 7.7 regarding WVBE-approved exams, assessments, and passing score requirements.

12.8. Additional Requirements of WVDE Alternative Certification Programs’ Instruction for Elementary Education.

12.8.a. Educator preparation programs preparing candidates seeking licensure for elementary education must provide training and instruction to:

12.8.a.1. include instruction in state-adopted grade-level content standards, foundational reading and mathematics skills, and how to implement reading instruction using high-quality instructional materials; and

12.8.a.2. provide effective instruction and intervention for students with reading and mathematics deficiencies, including students with characteristics of dyslexia or dyscalculia; and

12.8.a.3. understand and use student data to make instructional decisions.

12.8.b. Programs for specific learning disabilities, including dyslexia and dyscalculia, should ascribe to a common set of professional standards for the benefit of the students served. The basis of ascribing to common standards requires recognizing common characteristics of the disabilities. The International Dyslexia Association offers widely-adopted and consistent standards to guide the preparation, certification, and professional development for teachers of reading and related literacy skills in classroom, remedial, and clinical settings.

W. Va. Code R. § 126-161-13 Programs Not Implemented During Initial Approval Status and Programs Placed on Probationary Approval Status

13.1. All WVBE-approved alternative certification program providers which have not enrolled a candidate or begun implementing their state-approved program within the period of Initial Approval Status must submit a request for Continuing Approval Status for WVBE consideration no later than 60 days prior to the Initial Approval Status period ending. The WVBE may place the program provider on a Continuing Approval Status, Probationary Approval Status, or revoke program approval of the provider once this request is submitted by the provider.

13.2. WVBE-approved alternative certification programs with deficiencies identified by the ACEPPRB and WVBE may be placed on Probationary Approval Status for a period of two school years. Programs placed on probationary approval status must submit a written improvement plan within 60 days of being placed on the status to the WVDE for approval in consultation with ACEPPRB members. A progress report will be submitted by the program provider on a form developed and with criteria prescribed by the WVDE no later than 60 days prior to the end of the first probationary school year for consideration by the ACEPPRB and WVBE to determine if the program is making satisfactory progress. Based upon this report, the ACEPPRB will have an option of submitting a recommendation to the WVBE to remove the program’s approval status or the ACEPPRB may allow the program to continue under probationary approval status for the second school year. No later than 60 days prior to the end of the second probationary school year, another progress report will be submitted by the program provider on a form developed and with criteria prescribed by the WVDE. Based upon this report, the ACEPPRB will submit a recommendation to the WVBE to either remove the program’s approval status or place the program on Continuing Approval Status. Alternative certification programs that have their approval removed by the WVBE will no longer be allowed to enroll new program participants and must provide to the maximum extent possible all actions and supports required for participants that enrolled before the date on which the program’s approval was removed to successfully complete the program and become a certified teacher in West Virginia.

W. Va. Code R. § 126-161-14 WVBE Approval of Training(s) and Course(s) in Substantive Alignment with Pedagogical Standards

14.1. W. Va. Code §18A-3-2a(a)(1)(C) identifies conditions by which a person may be issued a Professional Teaching Certificate for teaching in the public schools; and W. Va. Code §18A-3-2a(a)(4) provides that teaching certificates granted pursuant to these conditions are equivalent to certificates granted to graduates of WVBE-approved teacher preparation programs at higher education institutions. Programs which consist of training and course(s) used to meet these conditions are separate from the programs established under W. Va. Code §§18A‑3‑1b, 18A-3-1g, and 18A-3-1h, and 18A-3-1j. Policy 5202 provides the minimum requirements, inclusive of grade point average, for the licensure of educational personnel to be employed in the public schools of West Virginia, including any licenses program participants may qualify to receive and the Professional Teaching Certificate. These programs are for initial teacher certification.

14.2. WVBE approval processes for officially recognizing pedagogical standards and programs as adequate pursuant to W. Va. Code §18A-3-2a(a)(1)(C) are separate from requirements of W. Va. Code §§18A-3-1a through 18A-3-1j and only subject to provisions as described in section 14.

14.3. Process for WVBE Approval of Programs and Supplemental Pedagogical Standards.

14.3.a. Upon requesting an application from the WVDE, programs and pedagogical standards pursuant to W. Va. Code §18A-3-2a(a)(1)(C) may be introduced for WVDE evaluation and WVBE approval by an applicant requesting to provide programs aligned to W. Va. Code §18A‑3‑2a(a)(1)(C). An option to officially request pedagogical standards be evaluated for WVBE approval will be included as part of the application for WVBE approval of programs which consist of specific pedagogical trainings and course(s) that substantially align to pedagogical standards of W. Va. Code §18A‑3-2a(a)(1)(C).

14.3.b. A review committee shall provide a summary report with recommendations to the WVBE. If approved by the WVBE, the new pedagogical standards will be recognized as adequate pursuant to W. Va. Code §18A‑3‑2a(a)(1)(C). A complete list of WVBE-approved pedagogical standards can be found on the WVDE website.

14.3.c. If the proposed set of standards are not approved by the WVBE the applicant will receive notice of the decision with feedback, and the application will be denied. The applicant may submit a revised application aligned to WVBE-approved pedagogical standards.

14.4. Candidates for licensure must comply with provisions of section 7.7 regarding WVBE-approved exams, assessments, and passing score requirements.

14.5. Additional Instructional Requirements of Programs Pursuant to W. Va. Code §18A-3-2a(a)(1)(C) for Elementary Education.

14.5.a. Educator preparation programs preparing candidates seeking licensure for elementary education must provide training and instruction to:

14.5.a.1. Include instruction in state-adopted grade-level content standards, foundational reading and mathematics skills, and how to implement reading instruction using high-quality instructional materials; and

14.5.a.2. Provide effective instruction and intervention for students with reading and mathematics deficiencies, including students with characteristics of dyslexia or dyscalculia; and

14.5.a.3. Understand and use student data to make instructional decisions.

14.5.b. Programs for specific learning disabilities, including dyslexia and dyscalculia, should ascribe to a common set of professional standards for the benefit of the students served. The basis of ascribing to common standards requires recognizing common characteristics of the disabilities. The International Dyslexia Association offers widely-adopted and consistent standards to guide the preparation, certification, and professional development for teachers of reading and related literacy skills in classroom, remedial, and clinical settings.

W. Va. Code R. § 126-161-15 Severability

15.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity must not affect other provisions or applications of this policy.

Series 162 Employee Code Of Conduct (5902)

W. Va. Code R. § 126-162-1 General

1.1. Scope. -- Code of conduct for all West Virginia school employees.

1.2. Authority. -- West Virginia Constitution, Article XII, §2 and W. Va. Code §§18-2-5, 18-2E-5, and 18A-1-1(a).

1.3. Filing Date. -- June 7, 2002.

1.4. Effective Date. -- July 7, 2002.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W.Va. 126CSR162 “Teacher Code of Conduct” filed February 25, 1992 and effective March 26, 1992.

W. Va. Code R. § 126-162-2 Application

2.1. This legislative rule applies to all West Virginia school employees.

2.2. This policy is to complement W.Va. §126CSR142, West Virginia Board of Education Policy 5310, “Performance Evaluation of School Personnel” and W.Va. §126CSR99, West Virginia Board of Education Policy 4373, “Student Code of Conduct”.

W. Va. Code R. § 126-162-3 Purpose

3.1. The West Virginia Board of Education recognizes that the capabilities and conduct of all school employees greatly affect the quality of education provided to students in the public schools. The West Virginia Board of Education further believes that all school employees should be intrinsically motivated by the importance of the job that they do. The purpose of the Employee Code of Conduct is to establish appropriate standards of conduct for all West Virginia school personnel.

3.2. These regulations also require that West Virginia public school employees respond immediately and consistently to incidents of bullying, harassment, intimidation, substance abuse, and/or violence or any other code of conduct violation that impacts negatively on students in a manner that effectively addresses incidents, deters future incidents, and affirms respect for individuals.

W. Va. Code R. § 126-162-4 Employee Code of Conduct

4.1. “Employee” shall include all school personnel employed by a county board of education whether employed on a regular full-time basis or otherwise, and shall include other personnel such as employees of the West Virginia Schools for the Deaf and the Blind, and all employees of West Virginia Department of Education Institutional Programs.

4.2 All West Virginia school employees shall:

4.2.1. exhibit professional behavior by showing positive examples of preparedness, communication, fairness, punctuality, attendance, language, and appearance.

4.2.2. contribute, cooperate, and participate in creating an environment in which all employees/students are accepted and are provided the opportunity to achieve at the highest levels in all areas of development.

4.2.3. maintain a safe and healthy environment, free from harassment, intimidation, bullying, substance abuse, and/or violence, and free from bias and discrimination.

4.2.4. create a culture of caring through understanding and support.

4.2.5. immediately intervene in any code of conduct violation, that has a negative impact on students, in a manner that preserves confidentiality and the dignity of each person.

4.2.6. demonstrate responsible citizenship by maintaining a high standard of conduct, self-control, and moral/ethical behavior.

4.2.7. comply with all Federal and West Virginia laws, policies, regulations and procedures.

W. Va. Code R. § 126-162-5 Responsibilities for Implementation

5.1. The West Virginia Department of Education shall provide for the distribution of the Employee Code of Conduct to all West Virginia school employees.

5.2. The West Virginia Department of Education shall provide professional development for county superintendents and principals on the Employee Code of Conduct.

5.3. County boards of education shall provide professional development for all employees on the Employee Code of Conduct.

W. Va. Code R. § 126-162-6 Severability

6.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

126CSR162

126CSR162

Series 165 Standards of Professional Practice for West Virginia Superintendents, Principals and Teacher Leaders (Policy 5800)

W. Va. Code R. § 126-165-1 General

1.1. Scope. -- W. Va. 126CSR165, West Virginia Board of Education (hereinafter WVBE) Policy 5800, Standards of Professional Practice for West Virginia Superintendent, Principals and Teacher Leaders (hereinafter Policy 5800) describes the nine common standards expected of educational leaders and the specific role functions of county superintendents, principals and teacher leaders. In total, the policy represents a coherent and aligned set of leadership expectations necessary to transform schools and school systems into outcome focused, innovative, accountable learning organizations that can prepare all students for powerful life options in the global, digital age of the 21st century.

1.2. Authority. -- West Virginia Constitution, Article XII, §2, and W. Va. Code §18-2-5.

1.3. Filing Date. -- September 8, 2016.

1.4. Effective Date. -- October 11, 2016.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR165, West Virginia Board of Education Policy 5800, “Standards of Professional Practice for West Virginia Superintendent, Principals and Teacher Leaders,” hereinafter Policy 5800, filed May 24, 2010 and effective July 1, 2010.

W. Va. Code R. § 126-165-2 Purpose

2.1. Policy 5800 is developed as a foundational document to inform and direct educational leadership policy and programs at the state, county, regional and school level. This policy is intended to be the central guide for future policy and program development in the areas of leadership recruitment, selection, preparation, licensure, induction, professional development and evaluation. This policy is also intended to be a framework of professional practice around which current and future leaders can reflect on and improve their professional expertise. In the area of teacher leadership, this policy will serve as an impetus for expanding this new and emerging role as a viable and necessary means for improving professional practice.

W. Va. Code R. § 126-165-3 Operating Premises

3.1. The leadership standards described in this policy are derived from the study of research on effective superintendents, principals and teacher leaders. They reflect a series of premises intended to guide their application to policy and practice.

3.1.a. Focus on Learning. The underlying focus of each leadership standard described in this policy is a pervasive commitment to the advancement of student learning; learning that is broad enough, deep enough and individualized enough to develop the conceptual understandings, skills and dispositions necessary for transition to post-secondary education and careers. The fundamental job description of the leader is to create the appropriate organizational conditions and develop the personnel expertise necessary to ensure that learning occurs for each and every student. Central to this outcome is a new role for students and teachers. Leaders must be able to implement school and classroom processes that intentionally foster student self-directed learning and personal accountability. This means teachers will act as learning facilitators; facilitators who design instructional processes to foster student ownership, use personalized strategies that promote engagement, and plan evaluation processes that provide opportunities for student self-assessment, reflection and goal setting.

3.1.b. Continuum of Professional Skills. The leadership standards and functions set a high bar for the level of quality expected of West Virginia superintendents, principals and teacher leaders. Reaching this high bar will demand changes in all aspects of the development of leaders including quality succession planning, more rigorous and job-embedded preparation programs and a continuum of professional development that ensures on-going professional growth. No leader will realistically begin his or her career with all the knowledge, skills and dispositions outlined in these standards. However, future policy derived from these standards must guide leaders (1) to increasingly gain proficiency in every standard and (2) to assemble leadership teams that can collectively over time manifest all the functions outlined in this document.

3.1.c. Leadership Occurs in Context. An important part of leadership preparation is gaining perspective on how and when to exert particular skills in order to advance individual and organizational effectiveness. All leadership efforts occur in a context. Although all nine leadership standards are interconnected and necessary for creating and sustaining effective schools and school systems, some may be more important depending on existing circumstances and conditions. Leadership is a complex act, but effective leaders are able to use contextual understanding and a broad set of skills and knowledge to do the right things at the right time and in the right way to move the organization forward.

3.1.d. Distributed and Collaborative Leadership. In order to bring about the significant organizational changes necessary to teach all students to high levels, there must be distributive and collaborative models of leadership throughout the school system. This view of leadership recognizes that there is boundless expertise and creativity within the organization that can be harnessed on behalf of students. Policy 5800 inculcates these collaborative principles throughout the language and actions described in specific functions. Certainly, implementation of these standards will require new role definitions and expectations of principals, teachers and superintendents. It will also require the creation of new organizational structures that allow collaboration and disbursed leadership to occur. With viable structures of collaborative teams and a more inclusive view of leadership, from the classroom to the board room, it will be possible to generate the collective accountability and collective action necessary to advance student learning.

3.1.e. Expected Evidence of Outcomes. As part of the public investment in educational quality comes leadership accountability for results. This goes beyond the accountability for those behaviors outlined in these standards such as fiscal responsibility, moral and ethical responsibility and duty to implement and follow policies and code. The standards and functions outlined in this policy establish broader accountability for creating conditions and developing personnel in ways that positively affect student outcomes. These valued outcomes for students include evidence of growth in (1) student academic achievement, (2) graduation rates and (3) effective preparation for post-secondary education and careers.

3.1.f. Coherent Leadership Focus. Although Policy 5800 differentiates the specific role functions for superintendents, principals and teacher leaders, the functions relate to the same nine leadership standards. This format is intentional. High quality leadership at any level of the organization shares certain common research-based characteristics. By organizing the three sets of standards around these learning-centered elements, the standards send a strong message regarding the importance of leadership coherence within a school district. Clearly the specific roles of teacher leaders, principals and superintendents are unique and must be developed accordingly. However, organizational effectiveness will be significantly improved when all leaders work within their respective level of influence to develop the characteristics common to high performing schools and systems.

3.1.g. Importance of Technology to Leadership Efficacy. Using the digital tools of the 21st century is an integral and necessary element of educational leadership. The relevance of these tools to effective leadership practice is appropriately addressed throughout the standards document. However, Policy 5800 does not define the specific technology proficiencies for leaders. These proficiencies are outlined in W. Va. 126CSR114, WVBE Policy 5100, Approval of Educational Personnel Preparation Programs (hereinafter Policy 5100). Thus, Policy 5800 provides the leadership context for technology use while Policy 5100 guides the more specific skill development and application.

W. Va. Code R. § 126-165-4 Standards of Professional Practice for County Superintendents

4.1. Role. The standards of professional practice for county superintendents establish the superintendent as the chief instructional leader and executive officer of the school system who works in collaboration with the county board of education to ensure that all elements of system operations come together to advance student learning. This requires a leader absolutely dedicated to student academic achievement and well-being who can create fiscally responsible systems and processes that improve the quality of learning in each school. Today's superintendents must understand the broad national and global economic/social context to which schools must respond but must work within the context of the local community to address these issues in a coherent and viable strategic direction for the school system. The overall direction of the system must ultimately be realized within each school and classroom; the progress made by each school can be profoundly influenced by the quality of district operations, fiscal management, support, culture and systems of accountability. Thus, the superintendent must not only ensure that district systems and processes are of the highest quality but that they are differentiated and orchestrated to address each school's improvement needs. Within this context, the superintendent must establish clear goals and benchmarks of accountability while supporting the work of collaborative teams to find the best ways of improving professional practice within each school. The work of a county superintendent is multifaceted and relies on both technical knowledge and interpersonal skill. However, by forming stakeholder coalitions and staff communities of professional practice, the superintendent, working with the county board, can be the necessary transformational change agent able to influence the progress and success of student in each school.

4.2. Standards.

4.2.a. Demonstrates Interpersonal and Collaborative Skills.

4.2.a.1. The superintendent models professional, moral and ethical behaviors that build trust and respect among staff and the community.

4.2.a.2. The superintendent develops a productive working relationship with and among the county board members that enables collective action on behalf of students.

4.2.a.3. The superintendent forms a cohesive district office team whose efforts coalesce to support schools in improving student achievement.

4.2.a.4. The superintendent develops and supports the leadership capabilities of others and delegates appropriately.

4.2.a.5. The superintendent builds networks and fosters teamwork and collaboration within and across the school system and the community.

4.2.a.6. The superintendent demonstrates effective communication skills including use of digital tools and applications.

4.2.a.7. The superintendent frames problems and makes decisions that promote the long-term best interest of students.

4.2.a.8. The superintendent anticipates and addresses conflict in ways that promote the improvement of the system.

4.2.a.9. The superintendent recognizes accomplishment and ensures there are school and school system recognition processes.

4.2.b. Creates a Clear and Focused Learning Mission.

4.2.b.1. The superintendent works with the county board to mutually determine and sustain a district strategic vision, mission and goals that reflect student needs in a changing nation and world.

4.2.b.2. The superintendent works with the county board, staff and stakeholders to build the urgency for change and a shared commitment to actions that will advance the system vision, mission and goals.

4.2.b.3. The superintendent works with the county board and staff to incorporate state and national priorities into the system's vision, mission and goals.

4.2.b.4. The superintendent understands the internal and external political systems and the larger social, economic and legal context and applies this knowledge to advance the district's vision, mission and goals.

4.2.b.5. The superintendent uses the county's vision, mission and goals to collaboratively build and guide a coherent and focused approach for school and district improvement.

4.2.b.5. The superintendent works with the county board and staff to evaluate, communicate and recognize system and school progress toward the vision, mission and goals.

4.2.c. Facilitates Rigorous Curriculum, Engaging Instruction and Balanced Assessments.

4.2.c.1. The superintendent demonstrates commitment to learning by prioritizing leadership time and efforts on those actions that will advance student achievement.

4.2.c.2. The superintendent creates a district climate of accountability where individual and collective success is judged by growth in student achievement and well-being.

4.2.c.3. The superintendent continually evaluates, revises and recommends district policies that will advance student achievement and improve staff performance.

4.2.c.4. The superintendent works with staff to implement an aligned rigorous standards-based curriculum in every school that prepares all students to be globally competitive for post-secondary education and work.

4.2.c.5. The superintendent ensures engaging and relevant instruction in every classroom by working with district staff and school leaders to coordinate a comprehensive system of monitoring and support.

4.2.c.6. The superintendent ensures that the system has a coordinated assessment process for effectively using summative, benchmark and formative assessment data to guide decisions at the district, school and classroom levels.

4.2.c.7. The superintendent ensures that the district has a well-designed and coordinated system of student academic intervention and enrichment tailored to the individual differences and needs of schools.

4.2.c.8. The superintendent ensures that the system has an articulated design for pre-school, early childhood, middle childhood, adolescent and adult education that represents programmatic research and best practice.

4.2.c.9. The superintendent ensures that district programs and processes are aligned to enhance student seamless progression among schools and to institutions of post-secondary education and careers.

4.2.c.10. The superintendent works with district staff and principals to establish clear targets for instructional improvement that are regularly monitored and evaluated for progress.

4.2.c.11. The superintendent works with the county board and staff to provide appropriate instructional facilities, resources and technologies to support learning.

4.2.d. Builds and Sustains a Positive Learning Climate and Cohesive Culture.

4.2.d.1. The superintendent works with the county board, staff and stakeholders to identify core beliefs and values that are the foundation of a student-centered learning-focused school system.

4.2.d.2. The superintendent communicates and promotes strong ideals about schooling, teaching and learning that represent the system's beliefs and values.

4.2.d.3. The superintendent models behaviors and implements activities to assess, build and sustain a system culture that is cohesive and reflective of core beliefs and values.

4.2.d.4. The superintendent works with principals to ensure that schools have processes and programs for assessing and developing a student-centered learning-focused culture.

4.2.d.5. The superintendent establishes and articulates high expectations for staff and students and works with the county board to create policies and support systems that promote these expectations.

4.2.d.6. The superintendent ensures implementation of programs and processes to create safe, orderly and well-maintained schools conducive to student learning.

4.2.d.7. The superintendent ensures the district has a coordinated approach for enhancing student character and good citizenship.

4.2.d.8. The superintendent ensures a coordinated and equitable approach for offering and operating student extra-curricular and co-curricular activities that add to student learning, character and good citizenship.

4.2.e. Promotes Continual Professional Growth and Attracts and Retains Quality Staff.

4.2.e.1. The superintendent ensures there are processes and policies for hiring, inducting and mentoring new teachers, principals and other staff that result in the recruitment and retention of highly qualified staff.

4.2.e.2. The superintendent works with district staff and principals to create policies and processes that guide staff evaluation, reflection and feedback that are linked to district and school goals for student achievement and that drive improvement of professional practice.

4.2.e.3. The superintendent models professional inquiry, engages in professional growth activities and promotes on-going professional growth of all staff.

4.2.e.4. The superintendent works with the county board to ensure that appropriate time and resources are allocated for professional growth and school improvement activities.

4.2.e.5. The superintendent ensures that professional development is aligned with the district mission, goals and learning targets and differentiated to address the needs of schools and staff.

4.2.e.6. The superintendent ensures that the district and schools have a process for examining data, analyzing staff needs, delivering quality professional development and assessing the impact of professional development on student learning and professional practice.

4.2.e.7. The superintendent works with principals and district staff to support teacher collaborative teams as a central vehicle for enhancing professional growth.

4.2.e.8. The superintendent promotes teachers as leaders of professional practice and creates conditions that enhance their leadership success.

4.2.f. Acts as a Student Advocate and Creates Support Systems for Student Success.

4.2.f.1. The superintendent acts as a steadfast advocate for students and cultivates this advocacy in others.

4.2.f.2. The superintendent works with the county board to ensure that system policies, practices and decisions are built from a fundamental commitment to the well-being of each student.

4.2.f.3. The superintendent works with the county board and staff to create policies and practices that value and protect diversity and promote social justice.

4.2.f.4. The superintendent communicates the necessity for identifying and addressing student physical and social-emotional needs in order to advance student academic success.

4.2.f.5. The superintendent works with district staff and principals to create and use a comprehensive data system that allows early identification and intervention to address students' physical and social-emotional needs.

4.2.f.6. The superintendent works with district and school staff to implement coordinated programs for improving and protecting the physical and social-emotional wellbeing of students Including comprehensive wellness, counseling and social services.

4.2.g. Manages Operations to Promote Learning.

4.2.g.1. The superintendent ensures that district operations and services are designed and operated in ways that add value and support to student learning.

4.2.g.2. The superintendent implements an integrated management system for planning, monitoring and evaluating district operations.

4.2.g.3. The superintendent ensures that the system adheres to federal, state, and local policies and code and that there are clear expectations and procedures for how the system will be operated and managed.

4.2.g.4. The superintendent ensures implementation of efficient and effective fiscal accounting and management systems.

4.2.g.5. The superintendent establishes cooperative budgeting processes to appropriately blend and braid fiscal resources to target district priorities.

4.2.g.6. The superintendent ensures that current technologies are used to enhance the management of operations and ancillary services.

4.2.g.7. The superintendent ensures the district has efficient and effective child nutrition and transportation services.

4.2.g.8. The superintendent works with the county board and stakeholders to identify and plan for long-term system facility needs.

4.2.g.9. The superintendent ensures that the district has processes to maintain safe, clean and inviting school facilities that serve student and community needs.

4.2.g.10. The superintendent ensures that the district has processes for the storage, security, privacy and integrity of data and information systems.

4.2.h. Connects to Families and the Larger Community.

4.2.h.1. The superintendent uses knowledge of the culture, demographics and needs of the various communities within the district to inform decisions and focus improvements.

4.2.h.2. The superintendent engages families, businesses and community leaders in the development of and strategic support for the mission and goals of the school system.

4.2.h.3. The superintendent works with school principals and staff to enhance family and community engagement and partnerships with the schools.

4.2.h.4. The superintendent uses various communication technologies to keep families and the community informed of system programs and operations and to promote on-going dialogue about system improvements.

4.2.h.5. The superintendent develops system processes for communicating with and responding to print, digital and other media in ways that promote the best interests of the students in the system.

4.2.h.6. The superintendent partners with community agencies and organizations to improve and align services to students and families.

4.2.h.7. The superintendent partners with post-secondary institutions to ensure greater access and coordination of programs and services for both students and staff.

4.2.i. Effects Continuous Improvement.

4.2.i.1. The superintendent exhibits the interpersonal and organizational skills associated with leading successful change.

4.2.i.2. The superintendent challenges the status quo and searches for innovative ways of leading and operating the system to better prepare students for the global, digital world in which they will live.

4.2.i.3. The superintendent has an effective process for system continuous improvement that involves the county board, district staff and all schools in on-going data analysis, goal setting, strategy development and collective action to improve student learning.

4.2.i.4. The superintendent ensures that district and school continuous improvement efforts result in viable and coherent strategic plans focused on improved student achievement, developing 21st century skills, increasing graduation rates and preparing all students for post-secondary education and careers.

4.2.i.5. The superintendent works with principals and district staff to develop the time, structure, teacher leadership skills and supports necessary for effective collaborative improvement teams in each school.

4.2.i.6. The superintendent uses school and district strategic plans to establish and regularly monitor school and district performance targets; the superintendent uses progress related to these targets to inform evaluation and feedback.

4.2.i.7. The superintendent works with the county board and staff to regularly evaluate and strategically target use of district resources to achieve the goals established in the school and district strategic plans.

4.2.i.8. The superintendent ensures that district staff is organized to serve and support individual schools and that district resources and services are differentiated according to each school's needs.

4.2.i.9. The superintendent assesses and communicates progress toward district goals and performance targets to the board of education, staff and community.

W. Va. Code R. § 126-165-5 Standards of Professional Practice for School Principals

5.1. Role. The effectiveness of the school principal, next to that of the classroom teacher, is the single most significant influence on student achievement. Principals who have interpersonal and collaborative skills combined with technical expertise in instructional leadership can dramatically elevate the overall effectiveness of a school. Each school has its own unique culture, level of expectation, priorities, procedures and programs that come together to positively or to negatively influence student learning. It is the role of the school principal to elevate the quality of operations and to align the efforts of staff so they coalesce to support the learning and well-being of each student. Certainly, this is a challenging and complex expectation. The nine standards and functions outlined in this policy are a descriptive guide to help leaders move in this direction. Central to the nine standards is the premise that principals can no longer be expected to do the complex work of moving the school forward by themselves and with little assistance and authority. First, there must be quality, school-specific support services and resources from the district office; services and resources that are based on the student data and professional needs of the school. Second, there must be an increase in the leadership of teachers; teacher leaders who promote and instill a sense of collective accountability and who engage staff in on-going collaborative discussions on how to improve school and classroom practice to improve student learning. This culture of cooperation and results will not develop by itself. This must be organized, valued, nurtured by the principal with appropriate supports from the central office including time for teachers to meet, structures for collaboration and quality professional development. Third, principals and teachers must be given appropriate flexibility to make school-based decisions about the research-based processes and strategies to improve school and classroom practice. If these conditions are put in place, then principals can be the leader of a team of leaders empowered to create those conditions that enhance the learning of all students in the school.

5.2. Standards.

5.2.a. Demonstrates Interpersonal and Collaborative Skills.

5.2.a.1. The principal acts ethically and professionally in personal conduct, relationships with others, decision-making, stewardship of the school’s resources, and all aspects of leadership.

5.2.a.2. The principal develops the leadership capabilities of others and delegates appropriately, fosters a sense of teamwork, and makes decisions by collaborating with staff, students, and the community.

5.2.a.3. The principal leads with interpersonal and communication and effectively builds relationships with staff, students and the community.

5.2.a.4. The principal places children at the center of decision-making to promote each student’s academic success and well-being.

5.2.a.5. The principal acts according to and promotes the professional norms of integrity, fairness, transparency, trust, collaboration, perseverance, learning, and continuous improvement.

5.2.a.6. The principal models a positive attitude and recognizes individual and collective accomplishments.

5.2.b. Creates a Clear and Focused Learning Mission.

5.2.b.1. The principal collaboratively sustains a learning-centered vision, mission and goals that promote the academic success and well-being of each student and reflect student needs in a changing nation and world.

5.2.b.2. The principal works in collaboration with staff and the community and utilizes relevant data to develop and promote a vison for the school on the successful learning and development of each child and on instructional and organizational practices that promote such success.

5.2.b.3. The principal develops shared understanding of and commitment to the mission, vision, and goals within the school and community and strategically develops, implements and evaluates actions to achieve the vision for the school.

5.2.b.4. The principal uses the school's vision, mission and goals to develop a sense of urgency for change and a commitment to actions necessary to bring about that change and collaboratively build a focused and coherent set of strategies for school improvement.

5.2.b.5. The principal works with staff to evaluate the alignment of school initiatives with the mission and goals and adjusts them to changing expectations and opportunities for the school, including addressing needs and situations of students.

5.2.b.6. The principal models, pursues, and commits to the school’s mission, vision, and goals in all aspects of leadership by communicating progress and celebrating success.

5.2.c. Facilitates Rigorous Curriculum, Engaging Instruction and Balanced Assessments.

5.2.c.1. The principal demonstrates a commitment to advancing student learning by prioritizing leadership time and efforts and working with staff to improve learning by continually assessing the school schedule, staff assignments, and use of resources.

5.2.c.2. The principal creates a climate of accountability where all staff demonstrates a collective sense of responsibility for student learning and a commitment to the mission, vision, and core values of the school.

5.2.c.3. The principal promotes instructional practice that is consistent with knowledge of child learning and development, effective pedagogy, and the needs of each student.

5.2.c.4. The principal works with staff to ensure instructional practice that recognizes student strengths, promotes a healthy sense of self, is intellectually challenging, is authentic to student experiences, and is differentiated and personalized.

5.2.c.5. The principal ensures a rigorous standards-based curriculum and engaging instruction in each classroom by monitoring instruction and providing processes of collegial discussion, observation, feedback and support.

5.2.c.6. The principal uses benchmark and summative assessment data to guide and modify school programs, allocate resources, assign staff and alter time to promote student academic success.

5.2.c.7. The principal aligns systems of curriculum, instruction, and assessment within and across grade levels.

5.2.c.8. The principal works with district and school staff to implement a coordinated system of enrichment and intervention for students whose academic growth is not progressing satisfactorily.

5.2.c.9. The principal promotes the effective use of instructional resources and technologies that reflect current best practice.

5.2.d. Builds and Sustains a Positive Learning Climate and Cohesive Culture.

5.2.d.1. The principal works with stakeholders to identify core beliefs and values that create a student-centered, learning-focused school.

5.2.d.2. The principal models, communicates and promotes core beliefs and values and builds and maintains a safe, caring, and healthy school environment that meets the academic, social, emotional, and physical needs of each student.

5.2.d.3. The principal articulates, advocates, and cultivates core values that define the school’s culture and stress the imperative of a child-centered education with high expectations for continuous improvement.

5.2.d.4. The principal implements programs and processes to ensure the school is safe, orderly, well-maintained and conducive to learning.

5.2.d.5. The principal cultivates and reinforces student engagement in school and positive student conduct.

5.2.d.6. The principal ensures that student extra-curricular and co-curricular activities are well-coordinated, equitable and add value to student learning, character and citizenship.

5.2.e. Promotes Continual Professional Growth and Attracts and Retains Quality Staff.

5.2.e.1. The principal implements district processes for hiring and mentoring new staff that result in the recruitment and retention of highly effective personnel and promotes the personal and professional health, well-being, and work-life balance of faculty and staff.

5.2.e.2. The principal delivers actionable feedback about instruction to teachers and staff members through valid, research-anchored systems of supervision and evaluation designed to support the development of knowledge, skills, and practice.

5.2.e.3. The principal works collaboratively with staff to analyze a variety of data, including data on instructional practices and student achievement, to design and implement research-based approaches for professional growth, and to address the school's professional development targets.

5.2.e.4. The principal develops the capacity, opportunities, and support for teacher leadership and leadership from other members of the school community, to organize, support and sustain teacher collaborative teams for enhancing professional growth.

5.2.e.5. The principal empowers and motivates teachers and staff toward continuous learning and improvement.

5.2.f. Acts as a Student Advocate and Creates Support Systems for Student Success.

5.2.f.1. The principal ensures that student achievement and well-being are the central focus of all school practices and decisions and works to develop this commitment among all the staff in the school. The principal ensures that each student is treated fairly, respectfully, and with an understanding of each student’s culture and context.

5.2.f.2. The principal creates an environment and implements practices that ensure each student has equitable access to effective teachers, learning opportunities, academic and social support, and other resources necessary for success.

5.2.f.3. The principal creates support for programs and processes that address student physical and social-emotional needs by communicating their link to student academic success and provides accommodations to meet the individualized learning needs of all students.

5.2.f.4. The principal works with staff to effectively use the state data system to identify and diagnose students with physical and social-emotional needs and address student misconduct in a positive, fair, and unbiased manner.

5.2.f.5. The principal ensures there are programs, services and timely interventions to address student physical and social-emotional needs including wellness, counseling and social services.

5.2.g. Manages Operations to Promote Learning.

5.2.g.1. The principal institutes, manages, and monitors operations and administrative systems that promote the mission and vision of the school.

5.2.g.2. The principal ensures that the school adheres to federal, state, and local policies and code.

5.2.g.3. The principal strategically manages staff resources, assigning and scheduling teachers and staff to roles and responsibilities that optimize their professional capacity to address each student’s learning needs.

5.2.g.4. The principal follows district processes for obtaining, allocating, managing and monitoring the distribution of school fiscal resources.

5.2.g.5. The principal works with district staff to provide efficient and effective transportation and child nutrition services.

5.2.g.6 The principal ensures that school facilities are safe, well-maintained and used to maximize student learning.

5.2.g.7. The principal ensures that the school has processes for the storage, security, privacy and integrity of data and information systems and utilizes these data systems to deliver actionable information for classroom and school improvement.

5.2.g.8. The principal protects teachers’ and other staff member’s work and learning from disruption.

5.2.g.9. The principal develops and administers systems for fair and equitable conflict management among students, faculty, leaders, families, and community.

5.2.h. Connects to Families and the Larger Community.

5.2.h.1. The principal maintains a presence in the community to develop productive relationships and uses knowledge of demographics, culture and community needs to inform school decisions and develop school programs.

5.2.h.2. The principal is approachable, accessible, and welcoming; and creates and sustains positive, collaborative, and productive relationships with families and the community for the benefit and safety of students.

5.2.h.3. The principal engages in open and two-way communication to keep families and the community informed regarding the school and involved with addressing student needs, problems, and accomplishments.

5.2.h.4. The principal works with the district staff to develop school processes for communicating with and responding to print, digital and other media.

5.2.h.5. The principal works with staff and stakeholders to advocate for and create family involvement programs and community partnerships that advance the school vision, mission and goals.

5.2.h.6. The builds and sustains productive partnerships with public and private sectors to promote school improvement and student learning and align services to students and families.

5.2.i. Effects Continuous Improvement.

5.2.i.1. The principal exhibits interpersonal and organizational skills associated with leading and sustaining successful change and seeks to make the school more effective for all students, teachers, staff, families, and the community.

5.2.i.2. The principal develops and promotes leadership among teachers and staff by empowering them with the collective responsibility for meeting the academic, social, emotional, and physical needs of each student.

5.2.i.3. The principal creates the expectation and provides the structure for all staff to participate in collaborative teams; develops, supports, and participates in the work of collaborative teams; and ensures that appropriate data is collected, accessible, and used to guide school and classroom improvement efforts.

5.2.i.4. The principal works collaboratively with school team(s) to design and implement job-embedded and other professional learning opportunities and engages others in an ongoing process of evidence-based inquiry, learning, strategic goal setting, planning, implementation, and evaluation for continuous school and classroom improvement.

5.2.i.5. The principal ensures accountability for continuous improvement by working with teams to establish and monitor school and classroom performance targets and benchmarks and promotes inquiry, experimentation, and innovation in implementing improvement.

5.2.i.6. The principal energizes improvement efforts through openly communicating the need for, the process for, and the outcomes of improvement efforts and the celebration of both individual and collective success.

W. Va. Code R. § 126-165-6 Standards of Professional Practice for Teacher Leaders

6.1. Role. The role of teacher as leader is an emerging and highly promising strategy for school and classroom improvement. In schools where teachers are given central roles in leading improvement efforts, guiding professional practice and shaping school improvement strategies, reform efforts tend to be of a higher quality, more enduring and pervasive. All teachers are expected to participate in school improvement efforts outside their classroom (Policy 5100). This document, however, outlines those expectations for teachers who participate in more formalized and designated leadership roles. This may include key roles in leading collaborative teams or such designated leadership roles as teacher instructional coaches, mentors, or improvement specialists. Preparation is an important correlate of success. Thus, this policy is intended to guide the professional development and formal preparation of teacher leaders. Ultimately, this policy should serve as a vehicle for elevating teacher voice and teacher professional influence in West Virginia schools. It is intended to recognize and enhance the deep knowledge and professional skill that resides in West Virginia's professional teaching force and to more widely apply this knowledge and skill to school and classroom improvement.

6.2. Standards.

6.2.a. Demonstrates Interpersonal and Collaborative Skills.

6.2.a.1. The teacher models the personal and professional characteristics that engender trust and respect among colleagues.

6.2.a.2. The teacher leader uses an inclusive leadership approach that fosters mutual support, teacher teamwork and professional collaboration.

6.2.a.3. The teacher leader demonstrates effective communication skills including the use of digital tools and applications.

6.2.a.4. The teacher leader demonstrates proficiency in presentation and facilitation processes.

6.2.a.5. The teacher leader is effective in framing school and classroom problems, posing solutions and facilitating decisions.

6.2.a.6. The teacher leader is skilled at anticipating, addressing and resolving conflict in ways that promote growth and improvement within the school.

6.2.b. Creates a Clear and Focused Learning Mission.

6.2.b.1. The teacher leader assists in shaping and revising the vision, mission and goals of the school by communicating the needs and perspectives of students and colleagues.

6.2.b.2. The teacher leader works with colleagues to develop an understanding of district, state and national priorities that may affect the school vision, mission and goals.

6.2.b.3. The teacher leader helps create an urgency for change and a commitment to those actions necessary to accomplish the school's vision, mission and goals.

6.2.b.4. The teacher leader works with individuals and within collaborative teams to design and implement school and classroom practices to accomplish the school's vision, mission and goals.

6.2.b.5. The teacher leader works with the collaborative team to discuss and evaluate the effectiveness of school programs in achieving the school's mission and goals and makes recommendations to the principal on areas to modify or eliminate.

6.2.c. Facilitates Rigorous Curriculum, Engaging Instruction and Balanced Assessments.

6.2.c.1. The teacher leader promotes individual and collective accountability for facilitating student learning and well-being.

6.2.c.2. The teacher leader works with colleagues to develop classroom environments and instructional processes that promote student self-direction and personal responsibility.

6.2.c.3. The teacher leader supports school-wide implementation of rigorous standards-based curriculum by assisting colleagues with instructional design aligned to the WV content standards and objectives.

6.2.c.4. The teacher leader influences the quality of instruction through reflective practice, professional dialogue and collegial support for seeking out, sharing and implementing research-based strategies.

6.2.c.5. The teacher leader works to improve assessment practices by advancing staff assessment literacy and by working to ensure that assessment data guide school and classroom instructional decisions and promote student ownership of learning.

6.2.c.6. The teacher leader works with the principal and colleagues to implement a coordinated system of intervention and enrichment for students whose academic growth is not progressing.

6.2.c.7. The teacher leader works with the principal and colleagues to evaluate and recommend improved ways to strategically use time, resources and staffing to serve the learning needs of students.

6.2.c.8. The teacher leader advocates for the acquisition and effective use of quality instructional resources and digital learning technologies.

6.2.d. Builds and Sustains a Positive Learning Climate and Cohesive Culture.

6.2.d.1. The teacher leader contributes to a cohesive school-wide culture by modeling core beliefs and values in daily actions and by encouraging these beliefs and values among students and staff.

6.2.d.2. The teacher leader works within collaborative teams to support colleagues in seeking out, sharing and implementing strategies that build and sustain a student-centered, learning-focused culture.

6.2.d.3. The teacher leader demonstrates a sense of personal efficacy, encourages and recognizes the efficacy of others, and works to establish high expectations for staff and students.

6.2.d.4. The teacher leader assists the principal and colleagues in developing school and classroom procedures and dispositions that create an organized, safe and nurturing learning environment for all students.

6.2.d.5. The teacher leader collaborates with colleagues to assess, modify and advance school and classroom programs that enhance positive character traits and promote good citizenship.

6.2.d.5. The teacher leader advises the principal on how extra-curricular and co-curricular activities can add value to student learning, character and citizenship.

6.2.e. Promotes Continual Professional Growth and Attracts and Retains Quality Staff.

6.2.e.1. The teacher leader assists and advises the principal in attracting and selecting high quality personnel.

6.2.e.2. The teacher leader works with the principal, district staff and collaborative teams to support the induction and on-going mentoring of new teachers.

6.2.e.3. The teacher leader models continuous self-improvement through reflective practice, collective inquiry and on-going engagement in professional growth.

6.2.e.4. The teacher leader works within collaborative teams to determine professional growth needs and advises the principal on the design and delivery of school professional development.

6.2.e.5. The teacher leader is knowledgeable of various professional growth opportunities including digital age learning experiences and uses this knowledge to guide the school's professional development plan.

6.2.e.6. The teacher leader fosters professional growth by building a relationship of mutual support within the collaborative team where shared learning occurs and professional practice is discussed and refined.

6.2.e.7. The teacher leader contributes knowledge to the professional practice of teaching through personal and group systematic study and documentation of best practices.

6.2.e.8. The teacher leader is an advocate for enhancing the role of teachers as leaders and works with school and district staff to develop and support these roles.

6.2.f. Acts as a Student Advocate and Creates Support Systems for Student Success.

6.2.f.1. The teacher leader acts as a steadfast advocate for the personal growth and well-being of each student and works to advance this commitment throughout the school.

6.2.f.2. The teacher leader communicates student needs to stakeholder groups, policy developers and decision-makers in ways that influence and advance support for students.

6.2.f.3. The teacher leader works with colleagues to promote school and classroom practices that value diversity, ensure equity and promote social justice.

6.2.f.4. The teacher leader works with the principal and colleagues to seek out, study and make recommendations on school-wide programs that protect and advance student physical and social-emotional well-being.

6.2.g. Manages Operations to Promote Learning.

6.2.g.1. The teacher leader is a source of teacher and student perspective on how ancillary services and operational procedures may be modified and improved.

6.2.g.2. The teacher leader demonstrates effective and efficient organizational and management skills and uses technology tools and application to enhance performance.

6.2.g.3. The teacher leader is skilled at accessing and using appropriate school data and information systems to complete leadership tasks.

6.2.g.4. The teacher leader works within the collaborative team to determine ways to maximize, manage and share educational resources.

6.2.h. Connects to Families and the Larger Community.

6.2.h.1. The teacher leader accesses demographic data and other information to build understanding of the characteristics and needs of the school community.

6.2.h.2. The teacher leader models personal behaviors that promote positive interaction with families and the community and promotes collegial discussions on how to advance such interactions throughout the school.

6.2.h.3. The teacher leader works with colleagues to improve effective communication processes with families and the school community.

6.2.h.4. The teacher leader seeks out and shares effective practices for improving student learning and well-being through family and community partnerships.

6.2.h.5. The teacher leader raises the awareness of the need to connect with the broader national and global community and supports strategies to achieve this.

6.2.i. Effects Continuous Improvement.

6.2.i.1. The teacher leader exhibits interpersonal and organizational skills associated with leading and sustaining successful change.

6.2.i.2. The teacher leader challenges the status quo and cultivates creative and innovative approaches for improving school and classroom practice.

6.2.i.3. The teacher leader has a "whole school" perspective which assists in generating improvement solutions and strategies that go beyond the individual classroom.

6.2.i.4. The teacher leader understands effective improvement processes and can lead collaborative teams in the study of data, identification of issues/concerns and the implementation of strategies that improve school and classroom practice.

6.2.i.5. The teacher leader works with the principal and district staff to communicate the supports, resources and time needed to advance the effectiveness of the collaborative team.

6.2.i.6. The teacher leader participates in the development of the school strategic plan and connects the work of collaborative teams to the plan's design, implementation and revision.

W. Va. Code R. § 126-165-7 Severability

7.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

126CSR165

Series 171 Policy Relative To Energy Problem (6100)

W. Va. Code R. § 126-171-1 General

1.1. Scope. -- This interpretive rule directs agencies responsible for public education to take such actions as are necessary to conserve energy,

1.2. Authority. -- W. Va. Code §18-2-5

1.3. Filing Date. -- December 23, 1982

1.4. Effective Date. -- December 23, 1982

W. Va. Code R. § 126-171-2 Resolution

2.1. WHEREAS, the national energy shortage, while presently of undetermined magnitude, is affecting the operation of the public schools and such effects are deemed likely to continue throughout at least the present winter,

2.2. WHEREAS, there is conflicting and contradictory information emanating from Washington, and

2.3. WHEREAS, the West Virginia Board of Education is responsible for determining the educational policies of the State and for making rules for carrying into effect the laws and policies of the State relating to education, now therefore be it

2.4. RESOLVED, that the public school system is to assume its fair -- but not an inordinate -- share of the nation's efforts toward energy conservation, and be it further

2.5. RESOLVED, that agencies responsible for public education are directed to take such actions as are necessary to 1) conserve energy to the maximum degree consistent with the offering of a thorough and efficient educational program, and 2) offer instruction concerning the nature and extent of the nation's energy needs and measures that should be taken to conserve energy.

Series 172 Handbook on Planning School Facilities (Policy 6200)

W. Va. Code R. § 126-172-1 General

1.1. Scope. -- This legislative rule provides that each county school system maintain and update annually a Comprehensive Educational Facilities Plan. This rule also provides that each county school facility funded totally or partially with funds from the School Building Authority of West Virginia (SBA) or the West Virginia Board of Education (WVBE) shall undergo an on-site inspection annually. This rule defines the requirements for installing water bottle filling stations in public schools. This rule provides for the appropriate floor covering selection in West Virginia public schools. This rule provides the parameters to use floor coverings in schools based on user needs and the performance specification of the floor covering. This rule is to be read along with W. Va. §126CSR176, Policy 6204, School Closings or Consolidations. This policy applies to all county boards of education, local education agencies (LEAs), West Virginia Schools for the Deaf and the Blind, Office of Diversion and Transition Programs, and any other schools under the supervision of the WVBE and West Virginia Department of Education (WVDE).

1.2. Authority. -- W. Va. Constitution, Article XII, §2, W. Va. Code §§18-2-5, 18-9C-1 et seq., 18-9D-1 et seq., 18-9E-3 et seq., 18-5-10, 18-5-13, 18-5-13a, and 18-9G-1 et seq.

1.3. Filing Date. -- September 15, 2022.

1.4. Effective Date. -- October 17, 2022.

1.5. Repeal of Former Rule. -- This rule amends W. Va. §126CSR172, Policy 6200, Handbook on Planning School Facilities, filed March 14, 2019, and effective April 15, 2019. This rule also repeals W. Va. §126CSR173, Policy 6201, Floor Covering in Public Schools, filed July 14, 2000, and effective August 14, 2000.

W. Va. Code R. § 126-172-2 Incorporation by Reference

2.1. A copy of the handbook is attached. Copies may be obtained from the Office of the Secretary of State and from the WVDE, Office of School Facilities.

2.2. Summary of rules and regulations. This policy/handbook has been prepared to assist counties in planning and constructing new facilities, additions, and major renovations which will enable West Virginia’s 55 county school systems to provide equal educational opportunities for all children.

W. Va. Code R. § 126-172-3 Severability

3.1. If any provision of this policy and associated handbook or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy and associated handbook.

Introduction School facilities are an integral and expensive component of West Virginia’s educational system. As educational programs evolve to respond to students’ needs and communities’ expectations, and as current facilities age and become obsolete, existing facilities must be maintained and monitored. At the same time, county school officials must envision and plan for future needs. The result of such a system of continuous assessment and forecasting will ensure that facilities are funded and in place necessary to accommodate a thorough and efficient system of education.

The WVBE and WVDE support the delivery of a thorough and efficient education for children by ensuring that every child in the state has access to educational facilities that are safe, healthy, and well suited to meet rigorous programmatic demands. The WVDE has the responsibility to provide guidance to county school systems in their on-going efforts to design and operate such facilities.

The WVBE/WVDE’s role is to ensure that every child in the state attends an educational facility that is safe, healthy, and educationally sound. The WVDE supports the delivery of a thorough and efficient education to which all students are entitled.

Therefore, all counties must have equitable access to all facility resources. The following guiding principles serve as a foundation for an effective and fair school facility program.

Educational needs of students come first.

Students will be educated where they live whenever possible.

All students will have access to equitable school facilities and educational opportunities.

All students will have access to schools that are safe and healthy with environments that will allow for the evolution of programming and resources in order to keep pace with future educational standards and needs.

The WVDE, School Building Authority (SBA), and county boards of education shall recognize that small and large school systems have unique characteristics and needs that may require a greater or different investment of resources.

School facility planning must include, to the greatest extent possible, local community stakeholders who know and understand the needs of their students in both large and small communities.

School facility programs shall recognize that schools can serve multiple purposes in a community and, to that end, consider efficient use of public resources wherever possible and efficient.

School facility programs shall make the best possible use of resources and funds while meeting educational needs and goals.

School facility plans will be accountable to the taxpayers and the students.

Policy 6200 and the Handbook on Planning School Facilities (Handbook) are designed to assist local county school systems with developing facilities to address current facility needs and new innovative schools for both small and large county school systems. However, the Handbook is not intended to be so prescriptive that it pre-empts the judgement of curriculum and design professionals. Decisions regarding curriculum implementation, spatial arrangement, classroom design, building design, building products, materials or required building systems will remain the responsibility of the design and education professionals.

The educational program of each new facility shall dictate the actual number and types of spaces provided in each school facility. Counties are encouraged to design all facilities to meet the needs of the educational program of the school in consultation with a certified facility planner, architect, and/or professional engineer. When variations from the minimum standards set forth in this Handbook are desired, a request for variance along with supporting justification including a description of the planning process, the project specifications, and a financial sustainability plan shall be submitted to the WVDE Office of School Facilities & Transportation for review and approval.

Chapter 1 SCHOOL FACILITIES PLANNING 100 COMPREHENSIVE EDUCATIONAL FACILITIES PLAN (CEFP)

Each county shall develop a ten-year Comprehensive Educational Facilities Plan (CEFP) that addresses the requirements for new construction and major renovations where applicable as described in the following sections. The CEFP not only encompasses new construction and renovations but also is used in school closures, consolidation, and reconfigurations as well as in developing levees and bond calls. All aspects of this plan are to be reviewed and verified for accuracy by LEAs.

The CEFP shall be submitted to the West Virginia Department of Education and the School Building Authority of West Virginia in the format described in this chapter. This plan is to be updated annually in coordination with all projects small and large, as well as reactive and preventative maintenance. Approval of the county CEFP must be granted by the WVBE and thereafter by the SBA. Subsequent substantial compliance with all laws and policies will be required when the CEFP contains closures and/or consolidations, regardless of the funding source. Approval must also be granted by the SBA prior to funding any project through the SBA and prior to utilization of federal funds for school improvement (WV Code §18-9D-15). The CEFP must include all projects that alter the instructional square footage of the facility or exceed $50,000 regardless of the funding source. Required amendments to the plan and/or the plan budget must be submitted to the WVDE and the SBA for approval prior to the initiation of any construction or renovation project and such projects must meet all regulatory requirements and be described in an executive summary that outlines the specifics of the plan which will be submitted to the WVDE and SBA.

The development of a ten-year CEFP must be achieved by a county board of education in the following manner:

A. Establish a CEFP planning team and/or committee representative of citizens and staff from each high school attendance area.

B. Develop countywide goals and objectives and evaluate the previous ten-year CEFP.

C. Research and compile data indicated in key elements A through K in Section 100.01 of this chapter.

D. Create an Education Plan that includes desired curriculum, delivery methods, instructional, support, operations, and personnel plan.

E. Research and verify the effects of the data in the Community Analysis section.

F. Evaluate the existing conditions of schools currently in operation with respect to the desired curriculum delivery method and the effects on health and safety.

G. Translate educational needs into facility needs.

H. Develop a finance plan to implement the facility improvements.

I. Conduct public hearings and develop a synopsis of public comments.

J. Develop an objective methodology for evaluating the effectiveness of the plan. This evaluation is to occur during the eighth year of the ten-year CEFP.

K. Meet with officials of the SBA and WVDE to assure that the plan meets their mission and goals.

L. Submit proposed CEFP to the local board of education for approval.

M. Submit the CEFP to the WVBE and SBA for electronic approval as prescribed by the WVDE, WVBE, and the SBA. One hard copy shall be submitted to the SBA and one hard copy shall be submitted to the WVDE.

Prior to the ten-year CEFP update, the amended document shall be submitted to the WVBE and SBA for approval.

100.01 The CEFP must include the following components:

A. Goals and objectives B. Community analysis C. Population and enrollment study D. Educational plan E. Evaluation and inventory of existing facilities for compliance with state requirements F. Major improvement plan for existing facilities G. Inter-county facility feasibility study H. Translating educational needs into facility needs I. Financing plan including a prioritized list of all projects within the county and their estimated costs J. Synopsis of comments from the public hearing(s)

K. Objective evaluation of the plan’s implementation

100.010 Goals and Objectives

100.0101 Goals and objectives of the CEFP must be developed and adopted by the county board of education, then presented with an executive summary of the specifics of the plan which will be a component of the document submitted to the WVDE and the SBA for approval. These goals and objectives must consider all aspects of the educational and facility needs of the county. Long-term goals and objectives must be anticipated and strategic planning established to perform comprehensive systemic planning. Minimally, curriculum delivery models, grade configurations, maximum and minimum school sizes, community expectations, optimal student populations, and the number of facilities that can be effectively maintained given limited resources available to the county should be addressed.

100.011 Community Analysis

100.0111 A survey of the community’s history provides a background against which present conditions acquire meaning. The following aspects of a county’s development should be studied carefully in regard to each school community. Please use maps and charts when available.

A. Population characteristics and density patterns B. Population changes due to migration patterns and to fluctuations in the birth rate C. Changes in land usage (residential, commercial, and industrial)

D. Major highways and street networks and their probable future development E. Changes in socio-economic patterns resulting in population shifts within the community F. Condition and value based upon current property assessments G. Availability of community services - libraries, recreational areas, health services, public assembly space, and emergency response services including the support of Homeland Security H. Employment opportunities I. Parental expectations of school J. Citizen attitudes and aspirations in general L. Study of school attendance zones as they relate to the dispersion of the county school population

100.012 Population and Enrollment Study

100.0121 The following statistics are essential components of the enrollment projections:

A. Population trends 1. County 2. Each school community B. Birth rates and the number of births C. Public school enrollment figures and trends for the past ten years D. Historic non-public school enrollment figures, as available E. Trends of dropout and attrition rates for the past ten years F. Ten-year enrollment projections per school calculated by an approved method which considers the above components

100.013 Educational Plan

100.0131 The Educational Plan proposed for this ten-year planning period provides a standard against which existing facilities can be measured (e.g., how well do the facilities support the goals defined in the plan). This includes an analysis of the current educational program and projections of the planned educational program. The educational plan shall include the following areas:

A description of the educational system proposed for this ten-year planning CEFP and how it will improve instructional delivery.

1. Describe how the existing plan does not meet statutory law, WVBE and county policies, goals, and objectives and how the new plan will meet these requirements.

2. Determine whether the school system will be organized on a K-5, 6-8, 9-12, or some other pattern.

3. Determine whether the typical one-teacher-per-class pattern will be followed, or whether teaching teams will be utilized.

4. Determine whether there will be self-contained or departmentalized classroom instruction.

5. Determine whether there will there be typical grade patterns or will there be an ungraded or flexible grouping of students.

6. Determine the maximum or minimum enrollment and total number of instructional areas in each building.

7. Determine the method of scheduling to be utilized in each building (traditional, block, flexible, year-round, or other). Indicate the number of periods in each instructional day.

8. Determine the plan for providing vocational/technical education.

B. A Description of the curriculum plan including the knowledge, understanding, attitudes, skills and habits of life that should be developed through the experiences provided for children.

1. Determine the general characteristics of a high quality school program.

2. Determine whether there are any students whose needs are not being adequately accommodated (e.g., students with exceptionalities, gifted, etc.).

C. A description of the instruction plan including the program description and methods of instruction.

1. Determine the major components of the instructional program (e.g., general course of study; career and technical and adult or community education; special education; driver education; physical education; co-curricular activities; computerization and technology; or advanced courses in science, math, language arts, and social studies, etc.).

2. Determine whether the instructional program will be organized into semester subject matter units, mini-courses, core programs, experimental learning units, or some other basis.

D. A description of the operations plan including the design and conduct of the teaching and learning environment.

1. Explain how instructional and learning needs will drive new facility design.

2. Determine whether the educational environment will extend beyond the classroom (e.g., into the community).

3. Determine what, if any, major changes in the teaching-learning environment are anticipated to more fully achieve the county’s/state’s educational goals.

4. Determine whether and how technology will be utilized for integration and/or instruction.

E. A description of the support plan.

1. Determine the kinds of support services that are essential to carry out the instructional plans (e.g., cafeteria/food service, health services, library/media center, transportation, guidance, educational technology support, Alternative Learning Center).

2. Determine how these services will be more operationally efficient in the new plan.

F. Describe the personnel plan including professional and support services staff.

1. Determine what allocation of staff will be made (to each building) to implement the educational plan.

2. Describe how professional staff efficiency will be addressed in this plan (for example, teacher-pupil ratio, itinerant teachers, teachers traveling within the building).

3. Describe how support staff efficiency will be addressed in this plan.

4. Describe how a Technology Integration Specialist (TIS) will be integrated into the instructional delivery system.

100.014 Evaluation and Inventory of Existing Facilities

100.0141 The evaluation of existing facilities shall include a survey of each facility including modular and detached structures in the county, including floor plans that accurately reflect existing layouts and exterior photographs, using the SBA-approved School Facility Evaluation Instrument. This evaluation will provide objective data on the condition and components of the existing building, its appropriateness for delivery of the instructional program, and its ability to support the present and projected enrollments in an effective and efficient manner. Based on the county’s goals and objectives, individual facility deficiencies must be identified. This data can help determine if the facility can be economically modified to house the projected educational program and at what cost. The services of an architect or educational facility planner.

100.0142 Criteria for Evaluating Existing Buildings A. The disposition of abandoned/surplus buildings must be identified in the CEFP and include accommodation for security, sanitation, health, and safety to minimize the facility as an attractive nuisance to the community.

B. Health and safety considerations must be identified as required by the regulatory agencies and will be used as criteria for determining prioritization of projects for SBA funding. Regulatory agencies include, but are not limited to, the offices of the West Virginia Fire Marshal, West Virginia Department of Health and Human Resources, West Virginia Division of Highways, Office of School Facilities of the WVDE and SBA. The principles of Crime Prevention Through Environmental Design (CPTED) should also be included during the evaluation.

C. The need for facility improvements and new facilities must be identified and must accommodate the educational programs by design. Building design will be dictated by the curriculum as defined in an approved educational specification and new facilities must meet regulations of the state Handbook on Planning School Facilities Policy 6200.

D. Facilities must comply with state policies; federal and state laws; all federal, state, and local regulatory agency requirements; and when applicable, guidelines of the SBA and WVDE. Modular and detached classrooms/facilities specifications must be added to the CEFP. Building modifications that are necessary to meet these requirements must be indicated.

E. Economies of scale include compatibility with similar schools that have achieved the most economical organization, facility utilization, and pupil-teacher ratios. Economies of scale shall not be the single determining factor in evaluating existing buildings.

F. Economies of scale (EOS):

1. Shall be established by the SBA.

2. Geographic or other considerations may require exceptions to be considered and a waiver of the EOS can be requested. Regional planning should also be considered to achieve these minimum enrollment standards.

3. Building design capacity should be considered for early and elementary, middle school, and high school facilities.

G. A description of Energy Usage including any probable causes of inefficiencies must be included.

H. An appraisal of how each facility supports or fails to support the educational program, including the technology infrastructure, must be included.

I. A calculation of the program utilization for each facility in accordance with the guidelines of the SBA for educational specifications.

J. A site analysis describing each school site using the criteria in Section 200 of this handbook must be included.

100.015 Operations and Maintenance Plan (OMP)

The county shall include a corrective and preventive maintenance and capital improvements plan for existing facilities in accordance with the current SBA Guidelines and Procedures Handbook and WV Code §§18-9D-15(d) and 18-9D-16(b).

100.016 Translating Educational Needs into Facility Needs The county shall use the data collected in the community analysis, the population and enrollment study, the educational plan, the evaluation and inventory of existing facilities, inter-county facility feasibility study, and the OMP to make decisions that will determine the future facility needs of the county. This plan will ensure that facilities are in compliance with state and local requirements and address the educational needs of the county.

Comprehensive planning is a way of identifying the best route to the future through a workable plan for handling priority rated, predictable situations, and anticipated changes. A CEFP defines ultimate goals for the institution and accounts for the facilities required to help achieve these goals. The capacities and capabilities thus defined are realized, if necessary, through several phases of construction and expansion or reduction and modification. These activities are viewed in terms of their relationship to the total program.

A summary of the county’s transition to facilities needs should be represented by these items and in this order in the plan:

A. A Building Review and Recommendations Report, compiled alphabetically by school B. A Feeder School Summary Report C. A feeder school summary report narrative filed together alphabetically by high school attendance area D. A High School Attendance Area Facility Report, compiled alphabetically by high school attendance area E. A countywide facility classification F. School Safety Analysis of the data compiled in the CEFP regarding enrollments, the educational program, the condition of existing facilities, and the ability of each facility to support the educational program will result in the identification of specific inadequacies in each school that need to be addressed. The county shall include a narrative to describe each school facility, site, enrollments, general conditions, recommendations for future use of the building, and cost estimates to implement the recommendations. Additionally, a list of projects at each facility needed to address the inadequacies in health and safety, building integrity, or educational capability of the facility shall be included. A ten-year timeline will be developed and included to indicate the anticipated completion of each of these projects.

Upon completion of the recommendations for each individual school, a high school attendance area summary for school improvements shall be developed to provide an analysis of necessary and proposed improvements in each community.

Program utilization is the preferred method of calculation where the enrollment of each school is divided by the number of “seats” available at a given time throughout the day. However, program utilization shall not be the sole factor utilized in determining whether a new school should be constructed or whether the construction should be funded by the SBA. Many factors other than utilization inform a county’s need and desire to build a new school. Consideration may be given to extraneous factors that may alter the typical utilization requirement provided the project is approved by the WVBE and the SBA.

100.017 Inter-County Facility Feasibility Study A. Each county shall submit to the WVDE and the SBA a list of grouped, inter-county attendance areas where potential exists for cooperative utilization of a facility between or among counties. This may include multi-county and inter-regional facilities, e.g., magnet schools, area career and technical education centers, etc.

B. A planning study is to be completed to assure that an efficient and effective instructional delivery system will be utilized addressing each of the items indicated in the CEFP Goals and Objectives.

C. The results of the study and its impact on school facility needs for students in these attendance areas shall be included.

100.018 Financing Plan The estimated costs for implementing the improvements identified in this plan shall be utilized in the development of the finance plan.

A. The source of funding to be utilized in the financing plan shall be identified and may include one or more of the following.

1. Local bonding capacity and unencumbered potential 2. Excess levy funds 3. Federal aid funds 4. Sale of abandoned school sites and buildings 5. State funds (including SBA)

2. Permanent improvement funds 7. Performance-based contracting 8. Lease-purchase arrangement The fiscal obligations to be considered in the plan must be identified and must include the following.

3. Outstanding Bond indebtedness a. Total obligation b. Amount encumbered annually c. Maturity date(s)

4. Outstanding lease-purchase agreements, performance-based contract, or certificates of participation a. Total obligation b. Amount encumbered annually c. Pay-out date(s)

B. The cost of needed improvements as determined by an architect, professional engineer, or other professional project estimator must be included. The financial needs identified in the Translating Educational Needs into Facility Needs Section of this handbook indicating the cost for each capital improvement for each facility and its anticipated funding source shall be summarized and included.

C. If a proposed project benefits more than one county in the region, the plan shall include the manner in which the cost and funding of the proposed project shall be apportioned among the counties.

D. While county financial conditions and bonding efforts will be considered and are strongly encouraged, they will not be the sole factors in determining eligibility for school projects to be funded, wholly or partially, by the SBA. Likewise, economies of scale, while an important aspect of efficiency and sound financial planning, should not be a deterrent for county school systems to seek funding from the SBA an shall not be a sole determining factor in awarding funding.

E. An accurate financial plan and proposed budget shall be required any time building projects are considered.

100.019 Synopsis of Comments from the Public Hearing(s)

Prior to submitting the CEFP to the WVBE and the SBA for approval, a public hearing(s) must be advertised and conducted in accordance with WV Code §59-3-1 et. seq., to provide broad-based community input into the plan. As an addendum to the CEFP, sufficient documentation, including verification of public notices from the local newspapers, a synopsis of all comments received during the hearing(s), and a formal comment from the local board must be included.

100.020 Objective Evaluation of Implementation As part of the total CEFP, the county shall include the objective means to be utilized in evaluating implementation and effectiveness of the overall plan and each project included therein. The evaluation shall measure how:

A. Each project furthers each of the quality educational goals of the SBA as defined in W. Va. Code §18-9D-16. This shall include: student health and safety, economies of scale, travel time and other demographics, achievements of effective and efficient instructional delivery system, curricular improvements, innovations in education, and adequate space for projected student enrollment;

B. Prioritization of projects within the county serves as a basis for determining expenditure of available funds; and C. The overall success of any project relates to the facilities plan of the county and the overall goals of the WVDE and SBA.

100.021 DESIGN DOCUMENT SUBMISSION AND REVIEW PROCEDURE PER COMPREHENSIVE EDUCATIONAL FACILITIES PLAN (CEFP) REQUIREMENTS

100.0211 Regulations of the WVBE and West Virginia Code §18-9D-16 require all plans for new construction, additions or renovations, major improvements, closings, and grade re-configurations to be included in the CEFP. The CEFP must be amended to include projects deemed necessary by the county board of education but not included in the original CEFP.

In order to ensure that the WVBE and the SBA be fully informed about proposed amendments to comprehensive plans, the following conditions must be satisfied:

A. All requests for amendment to CEFPs, including budget amendments, must be signed by the county superintendent and must show the date such amendments were approved by the county board of education and certified that they meet statutory regulations.

B. Changes in comprehensive plans may not be implemented prior to WVBE and SBA approval.

C. All amendments must be fully explained; substantive changes must be accompanied by complete justification with data addressing the subjects of enrollment, facilities, finance, personnel, transportation, and educational programs.

D. The proposed amendments shall include evidence of citizen awareness of changes in the comprehensive plan.

E. Approval of the closure by the WVBE automatically amends the CEFP; however, this does not assure SBA funding of a related project.

F. Selection of architectural and/or engineering services shall be in accordance with Section 1403.

100.022 RELATED INFORMATION – STATUTES AND REGULATIONS

100.0221 School construction or improvement projects are frequently influenced or regulated by various statutes of the Code of West Virginia. In addition to complying with the State Building Code, listed are sections with which school personnel should be familiar. This list may not be comprehensive as statutory and other regulations may change. School construction and improvement projects must comply with all applicable statutes and regulations.

CHAPTER ARTICLE SECTION SUBJECT 5 G 1-1 Procurement of Architectural and Engineering Services 10 2 1-5 Public Recreation & Playgrounds 10 2A 1-26 Athletic Establishments 11 8 5-33 Levies 11 10 11(d) Prerequisite to final settlement of contract with this state or political subdivision; penalty 13 1 24, 34 Bond Issues for Original Indebtedness 16 1 7 Promulgation of rules and regulations 16 1 9 Supervision over local sanitation 18 3 9a Authority of state superintendent as to fire hazards and safety of buildings 18 4 10 Duties (5): Close temporarily a school when conditions are detrimental to the health, safety or welfare of the pupils 18 4 11 Other powers and duties (3): Recommend for condemnation buildings unfit for school use 18 5 5 County Bd. of Ed.: Exemption of school property from legal process and taxes 18 5 6 Validation of titles to land in possession of board 18 5 7 Sale of school property at public auction; oil and gas leases 18 5 8 Condemnation of land necessary for educational purposes 18 5 9 Schoolhouses, buildings, and equipment 18 5 10 The state board may require all plans and specifications to be approved by the WVDE. 18 5 11 Joint establishment of schools 18 5 12 Bond of contractors 18 5 13 Authority of boards generally 18 5 13a School closing or consolidation 18 5 25 Duties of superintendent as secretary of board (3) & (4) 18 5 36 Payment for fire services on public school property 18 6 1 Driver Education 18 9 1-8 School Finances 18 9D 1-18 School Building Authority 18 9E 3 Air Quality in New Schools 18 9E 4 Testing, adjusting and balancing agent 18 9E 5 Investigations of Air Quality Complaints 21 5A 1-11 Wages for Construction of Public Improvements 29 3 19 Fire Prevention and Control Act: protection 29 12 5a State Insurance: WV Board of Risk and Insurance Management 30 12 2 Use of title “architect” 30 13 13 What plans of state political subdivisions to be approved by registered engineer 38 2 39 Public buildings; bond of contractor; no lien in such case 47 5 1-3 Safety glazing material in hazardous locations 54 1-2 1-11 Eminent domain 61 10 15 Pecuniary interest of county and district officers, teachers, and school officials in contracts; exceptions; offering or giving compensation; penalties West Virginia Public Health Laws and Rule

16-1-0 Supervision over Local Sanitation

16-6 Hotel Restaurant Law

16-32 Asbestos Licensure Law

16-34 Radon Licensure Law

16-35 Lead Abatement Law 64 CSR 9 Sewage System Rules 64 CSR 16 Recreational Water Facilities 64 CSR 17 Food Service Sanitation Rules 64 CSR 18 General Sanitation Rules 64 CSR 19 Water Well Regulations 64 CSR 21 Child Care Centers 64 CSR 23 Radiological Health Rule 64 CSR 30 Fees for Permits 64 CSR 43 Bakery Regulations 64 CSR 45 Lead Abatement Licensing Rule 64 CSR 46 Water Well Design Standards 64 CSR 47 Sewage Treatment Design Standards 64 CSR 51 Fees for Services 64 CSR 56 Infectious Medical Waste 64 CSR 63 Asbestos Licensing Rule 64 CSR 78 Radon Licensure Rule Federal Regulations:

US Environmental Protection Agency 40 CFR Part 763 Asbestos Containing Materials in Schools (AHERA) 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutant (NESHAP)

Part 61.140 Subpart M & Part 61 (Revised 9-23-03)

Occupational Safety Health Agency (OSHA) 29 CFR 1910.134 Respiratory Protection Standards 101. EDUCATIONAL SPECIFICATIONS FOR A SPECIFIC SCHOOL CONSTRUCTION PROJECT

101.01 The development of educational specifications for each new school facility is a team, rather than an individual activity, which is accomplished by school administrative unit personnel with or without the assistance of an outside consultant. The chief school administrator recommends persons for committee appointment which will include appropriate principals and teachers. A representative of the SBA will be appointed to the committee if SBA funds are utilized in the project. The local board then acts on these recommendations. The chair of the committee shall be selected by the superintendent. Some important considerations in the selection of committee members are:

A. Time available to spend on the project B. Knowledge about the project C. Imagination and creativity D. Ability to work with people E. Interest in the improvement of the school

101.02 Educational specifications must describe the learning activities that will be housed in the proposed facility; the number, grouping and nature of the people involved; the spatial relationship between the facility and site; the interrelationships of instructional programs with each other and with non-instructional activities; the major items of furniture and equipment to be used; and any special environmental provisions which would improve the learning environment and promote staff efficiency. Educational specifications should avoid rigid architectural prescriptions.

101.03 Educational specifications describe the educational activities, which a proposed facility must support and the types of spaces, which will best accommodate program requirements. They are not a precise delineation of the instructional program; nor are they technical specifications of the type that the architect or engineer directs to the contractor. They are, however, in a temporal and developmental sense, a connecting link between the program and technical statements.

The educational specifications document is the vehicle of communication between the educator and the architect. The educator identifies the educational objectives and suggests general facility needs; the architect bases his/her facility design on this information. Copies of educational specifications for any new facility shall be submitted to the SBA for review before Schematic Design submission. The SBA educational specification guidelines and the WVDE Policies 6200 and 2510, must be used for all projects regardless of funding sources.

102 DOCUMENT SUBMISSION AND REVIEW

102.01 Submission of the Educational Specifications Once the educational planning committees are established, their objective should be to plan the educational program for the facility. This document must define the learning activities; the number groupings of the students with the staff and the space relationship between areas of the facility; and describe the type of furniture and equipment needed to support the desired program. Once completed, one copy of this document must be submitted to the SBA and the WVDE for a collaborative review and approval before proceeding to the schematic design phase of the project.

102.02 Submission of Schematic Design Plans, Specification and Budget Estimates

102.021. The schematic design documents as outlined in the SBA Policy and Procedures document are to be approved by the SBA and WVDE before the project can proceed to the design development phase.

102.03 Submission of Design Development Plans and Specifications for Individual Projects Once the comprehensive plan has been approved, individual project planning should be implemented. Approval of plans and specifications for the construction of new buildings, additions, and renovations is required by the WVDE Office of School Facilities, the WVDE Office of Technology, the SBA, West Virginia Bureau for Public Health, West Virginia Division of Highways when new construction, and the State Fire Marshal’s Office. The LEA and project architect shall be responsible for securing approval of design development plans from each of these agencies.

102.04 Plan Review Process - Design Development Plans The LEA and project architect are responsible for distributing educational specifications, designing development drawings, outlining specifications, estimating project cost, and project budgeting for project approval. Documentation must be provided to the WVDE and to the SBA. To ensure review and approval prior to planned construction, a thirty (30) day period should be set aside for plan review. The LEA will distribute plans to the state agencies in the following manner.

A. One complete set of plans and specifications in non-editable format, Adobe PDF, and the application for project approval to the WVDE Office of School Facilities B. One partial set of plans and specifications, including the architectural, electrical and telecommunications, to the WVDE Office of Technology and Information Systems C. One set of plans and specifications to the West Virginia Division of Health D. Two sets of plans and specifications to the West Virginia Fire Marshal’s Office E. If new construction, one set of plans and specifications to the West Virginia Division of Highways F. One set of plans and specifications to the SBA

102.05 Plan Review Process - Final Plans Approval of preliminary, design development, or final construction plans and specification must always be contingent upon the final review by the appropriate regulatory and funding agencies. The procedures outlined in Chapter 1, Sections 102.03 and 102.04, must also be followed in the submission of final plans.

103 OCCUPANCY OF NEW EDUCATIONAL FACILITIES

103.01 Prior to occupancy, the county maintenance director/staff will train teachers, and other employees of the building, particularly fire escape routes, heating, ventilating, and air conditioning systems, communication systems and school access safety procedures.

103.02 No educational facility shall be occupied without prior approval from the WVDE, state and county regulatory agencies, and SBA, when appropriate.

104 FACILITIES PROGRAM CONTROL

104.01 When projects are SBA funded, SBA guidelines regarding administration and project control shall be in effect. On single county projects, the county board of education maintains control of the construction program. On new cooperative multi-county projects, a joint building council of individuals from the cooperating counties shall administer the construction project. This council shall include, but not be limited to, the respective county superintendents, one member from each county Board of Education, the principal of the new facility, if known, and one classroom teacher from each county. The council shall control each project by:

A. Authorizing a study of the educational program and subsequently adopting educational policies for implementation;

B. Authorizing the survey and adopting a building program on the basis of the results thereof;

C. Establishing site criteria, inaugurating steps to select and purchase sites, and authorizing the purchase of sites;

D. Authorizing the preparation of and approving educational specifications for each building;

E. Selecting the architect, educational consultant, legal advisor, and other specialists;

F. Authorizing the preparation of architectural drawings, and specifications, approving of preliminary plans, working drawings and specifications and any subsequent change;

G. Deciding when to proceed with construction, soliciting bids, awarding contracts, and inspecting and accepting the completed building;

H. Authorizing the expenditure of necessary funds at each stage of the program; and I. Designating one county as the fiscal agent to handle the business functions of the building council on inter-county projects.

J. The counties shall implement a procedure to maintain and store all record drawings, all associated construction documents and operational and maintenance manuals for future references. The documents for each facility shall be maintained for the duration that the county has ownership of the facility.

Chapter 2 SCHOOL SITE PLANNING 200 SCHOOL SITE All school sites provide sufficient space for the school building, future expansion, educational program activities, and support facilities.

201 SELECTION

201.01 Intelligent and imaginative school site selection and development are significant aspects of educational facility planning. Because the design and use of the land on which a school is built is fully as important as the design and use of the facility itself, the site’s potential as an educational and community resource must be considered.

201.02 The selection of a site requires the cooperative effort of the county board, school staff, planning committee, architect, and legal consultants. Since the educational program is of primary concern to the community, consideration should be given to lay membership on a site selection team.

201.03 Resources to be utilized when selecting sites may include: land-use maps, aerial photographs, soil maps, topographic maps, highway maps, flood control maps, neighborhood or school service area maps, pre-school and pupil spot maps, dwelling unit maps, utility service plans, and realtors’ and developers’ intentions.

201.04 Factors to be considered in selecting a site may include: number and grade level of students, nature of the educational program, initial cost, development cost, availability of utilities, transportation systems, availability of activities, provision for a safe and healthful environment, and the protection of the investment in the building.

202 LOCATION

202.01 School sites shall be located in proper relationship with existing and proposed physical facilities in the community, including: student population centers, parks, recreation centers, libraries, health centers, streets, highways, residential housing, and other schools.

202.02 Guidelines for school bus routing.

202.021 For elementary school students- thirty minutes

202.022 For middle school students - forty-five minutes and

202.023 For high school students - sixty minutes

202.03 A county board may not create a new bus route for the transportation of students in any of the grade levels pre-k through grade five (5) to and from any school included in a school closure, consolidation or new construction project approved after the first day of July, 2008, which exceeds by more than fifteen (15) minutes the recommended duration of the one-way school bus transportation time for elementary students adopted by the WVBE in accordance with Section 202.02 unless:

202.031 The county board adopts a separate motion to approve creation of the route and request written permission of the WVBE to create the route; and

202.032 Receives the written permission of the WVBE to create the route.

202.04 A county board may not create a new bus route for the transportation of students in any of the grade levels pre-k through grade five (5) to and from any school included in a school closure, consolidation or new construction project approved after the first day of July, 2008, which exceeds by more than thirty (30) minutes the recommended duration of the one-way school bus transportation time for elementary students adopted by the WVBE in accordance with Section 202.02.

202.05 The WVDE shall provide technical assistance to county boards with the objective of achieving school bus transportation routes for students which are within the recommended time durations established by the WVBE.

202.06 For the safety of students, the school site shall be located away from hazards and undesirable environments, such as:

A. Railroads, arterial highways, heavily traveled streets, traffic, and congestion B. Noise, toxic gas escapes from railroads, airports, and odoriferous plants or industries C. Natural barriers limiting accessibility and expandability, such as rivers, lakes, swamps, and protruding ridges D. High voltage transmission lines, booster or reduction stations, high pressure gas lines, and transformer stations E. Taverns, fire stations, bulk storage plants for flammable liquid, and property zoned as industrial F. Situations where a combination of factors such as those presented above could contribute to the possibility of human entrapment G, Building sites must be located above the 100-year flood plain as determined by the U.S. Corp of Engineers. The finish floor elevation of a new facility must be a minimum of two feet above the established 100-year flood plain. When considering property at or adjacent to a flood plain, the county must obtain a Certificate of Compliance from the County Flood Plain Manager to verify the Base Floor Elevation is above the 100-year flood plain and safe from potential hazards.

H. Public service facilities which must be available for a school site include: water, gas, telephone, cable/internet, electricity, sewage disposal, fire protection, and transportation.

203 SIZE

203.01 The size of any school should provide sufficient and appropriate space for all of the in-school and evening activities.

203.02 With the assistance of an architect, trial layouts of the area required for a site should be made and include, but not necessarily be limited to, the following items, with grade level appropriateness considered:

A. The school building B. Reserve for expansion of building C. Set back from streets, sidewalks, approaches, and driveways D. Parking areas, access, and buffer E. Bicycle entrances and storage racks, with proper buffer areas, if appropriate F. Landscaping and buffer areas at the side and back of the site G. Paved game areas, including space for outdoor basketball and tennis courts H. Field game areas for physical education and recreation I. Areas for interscholastic athletics (which may overlap with field game areas)

J. Possible athletic stadium with parking area, access, and buffer K. Outdoor area (educational) for nature study, biology, art L. Possible driver instruction areas (auto)

M. Outdoor area adjacent to shops N. Unassigned areas held in reserve for future use

203.03 School sites of the following minimum sizes shall be provided:

A. Early and Elementary Education Program (pre-k-5) 5 usable acres + 1 additional acre for every 100 students over 240 students B. Middle School Education Program (6-8) 11 usable acres + 1 additional acre for every 100 students over 600 students C. High School Education Programs (9-12) 15 usable acres + 1 additional acre for every 100 students over 800 students D. Area Career and Technical Schools 10-40 acres NOTE: If sewage treatment plants and retention pools are required, acreage would may need to be increased.

203.04 Site acreage are national norms and apply to traditional suburban schools. Where the nature of the neighborhood is urban, the school site shall also be urban in scale. Where the terrain limits the land available for site planning and construction, this factor shall be considered. One remedial measure would be to locate schools adjacent to parks or recreation facilities. However, all sites not meeting the minimum standards must be approved by the WVBE. Requests for waivers must be submitted in writing to the State Superintendent along with written justification for the request.

203.05 For modern schools, a portion of the site should be set aside to meet needs that are bound to arise in the future. Many schools constructed in the past have become obsolete because they lacked sufficient size to warrant economical rehabilitation or enlargement. Buying an adequate site is insurance against such educational obsolescence.

204 PHYSICAL FEATURES

204.01 Ideally, a school site should not enhance the cost of construction and should permit the architect to place the building in an appropriate place in relation to other facilities to be developed on the site. The services of an architect, other related specialists, and consultants from the WVDE or the SBA are necessary to judge a site on this criterion.

204.02 A natural elevation with satisfactory approaches avoiding long or difficult climbs makes a desirable setting. The site should be free from drainage from contiguous land and should permit proper drainage throughout at a reasonable cost. Positive drainage should characterize the parts of the site, which are expected to serve as recreational and physical education areas. The soil, preferably a sandy loam, should be fertile enough to produce good lawns and vigorous landscaping growth.

204.03 There are many site factors which affect cost apart from the purchase price of the land. The following conditions are to be determined in advance and considered along with the purchase price.

A. The need for extensive hauling of earth due to a surplus or shortage on the site B. The presence of quicksand, deep mines, unsatisfactory fill, pyrites, or other undesirable subsoil conditions which require special footings or pilings to support the building C. The presence of rock or other conditions affecting the cost of necessary excavation or ditches D. The need for the removal of obstructions, such as large boulders or trees; the need for fillings or capping of old wells, clay holes, pits, or mines E. An unduly expensive drainage need F. The need for constructing and maintaining long access drives and special installations due to distance from service utilities G. A public water system adequate for a fire protection system.

204.04 Approval by the WVDE and SBA will not be granted for construction of a facility on a site lacking municipal water, adequate fire protection, and sewage services without the approval of local or state health agencies. No water supply can be considered acceptable unless it provides an ample quantity of safe and potable water for the school.

204.05 Local or state health agencies will also provide information regarding the required type and location of a sewage disposal system.

204.06 The subsoil of a site must provide good drainage and a proper base for economical and substantial foundations for the building. Neither purchase of a site by the county board of education nor building design shall be initiated until the subsoil conditions have been determined acceptable for the entire area of the building by adequate test borings or core drilling made under the direction of a registered professional civil engineer. Soil tests are particularly important for schools that require extensive grading. Underground investigation shall also include the ownership and presence of mineral rights, mines and wells, and the effect they have on the site development. The recommendation is made that mineral rights be controlled for long-term protection of surface usage.

204.07 Some adverse site conditions can be overcome by modern construction methods, but they should be accepted only when the costs of such improvements are cost effective. Many of these conditions are not readily seen at the surface. Before the land is purchased, test borings should be made to accurately determine subsoil conditions and the results should be analyzed and interpreted for the board by a registered professional civil engineer.

NOTE: County boards of education and county superintendents may secure soil information from the United States Department of Agriculture, Soil Conservation Service, Morgantown, West Virginia. This service is provided without cost and could save thousands of dollars by assisting in properly locating schools. Soils are rated by various information. The contracting organization can require certain specifications that prevent problems due to soil limitations.

204.08 Sites should be of such shape and contour as to yield reasonable space for the setting of the building and for drives, walks, play, and athletic fields. The contour of a site should be slightly convex to allow placement of the building at the high point. This situation rarely occurs naturally and some earthwork to develop this land form will be necessary on almost every site.

204.09 Cost for excavating and foundation walls can be reduced by fitting the building to the contours of the land. Extra expense for special footings and special drainage can be eliminated by placing the building on high ground and where subsoil conditions are known to be favorable. Proper placement of the building will reduce the length of utility and drainage lines, drives, and walks, thus reducing costs.

205 RECREATIONAL AREAS

All schools housing early childhood education programs contain an adequate blacktopped play area and a field game area large enough to accommodate physical education activities. All centers housing kindergarten programs contain a segregated blacktopped area and a large grassy area with climbing equipment and swings. The playground may be segregated by either time or space allocation. The playground must meet the standards of the Handbook of Playground Safety and be ADA compliant. All middle and high school sites contain a blacktopped play area with a minimum size of 4800 ft2 and a field game area, space and/or facilities large enough to accommodate physical education activities such as soccer, touch football, softball, tennis, and track.

205.01 The following represent the typical recreational spaces for new school site selection and planning.

1. Early Childhood (pre-k) - All schools housing early childhood education programs shall contain an adequate paved play area and a playfield / game area large enough to accommodate physical education activities.

2. Kindergarten - All centers housing kindergarten programs shall provide a segregated paved area and an area with climbing equipment and swings. The playground may be segregated by either time or space allocation. The playground must meet the standards of the Handbook of Playground Safety of the Access Safety Council and be ADA compliant.

3. Elementary (1-5) - All school sites intended to house elementary grades shall provide ample space for the following recreational / physical education activity areas:

a. a paved play area with a minimum size of 4,800 square feet b. an area large enough to accommodate at least one recreational play structure which offers opportunities for physical activities such as climbing or swinging. The playground must meet the standards of the Handbook for Playground Safety and be ADA compliant.

c. playfield(s) sized in accordance with the intended curriculum or activity 4. Middle School/High School - All school sites intended to house middle school grades shall provide ample space for the following recreational / physical education areas:

i. a paved play area with a minimum size of 4,800 square feet ii. playfield(s)/courts sized in accordance with the intended curriculum, activities, or sports

205.02 Field and Court Dimensions – Required field and court dimension shall be obtained from the West Virginia Secondary Schools Activities Commission. Consultation with a site planner, civil engineer, or architect is encouraged.

206 WALKS, DRIVES, AND PARKING

All walks, drives, and parking areas must be paved.

206.01 Walks should be direct, convenient, and natural to encourage people to stay on them. They should connect the building with streets or highways, the bus loading zone, parking areas, and auxiliary school facilities. Limiting points of access is desirable for control of traffic. Main walks, such as loading areas, and main entrances should be constructed with the initial building program. Additional walks should be constructed after traffic patterns have been established.

206.02 Walks must be compliant with ADA standards.

206.03 Walks should be far enough from the building to permit ample space for shrubbery, must be crowned or sloped high enough for proper drainage, and must be illuminated per the Illuminating Engineering Society of North America (IES) standards for night use. Walks should be of a continuing common surface where practical and should not be interrupted by steps or abrupt changes in level. Walks, driveways, or parking lots should blend to a common level.

206.04 Safety is a primary consideration in locating vehicular circulation on the school site. Secondary considerations are economy, convenience, and directness. Driveways should be:

A. One way with clear views. Two lanes should be provided to main loading entrance and parking areas.

B. Hard surfaced, properly drained, and illuminated per IES standards for night use.

C. Planned to provide access and control traffic to loading areas and building service entrances. Wherever practical, driveways for buses should be separate.

D. Located so as not to connect to a heavily traveled highway if a lightly traveled street is accessible. Points of access to the site should be limited.

E. Of adequate space to ensure that carbon monoxide does not accumulate in idling vehicles or school buses.

F. Every educational facility not readily accessible from public roads shall be provided with suitable gates, access roads, and fire lanes so that all buildings are accessible to fire apparatus. Fire lanes shall be at least 20 feet in width, with the road edge closest to the building at least 10 feet from the buildings. Any dead-end road shall be provided with a turn-around at the closed end at least 90 feet in diameter.

G. Location shall be coordinated with the facility mechanical systems to prevent exhaust fumes from entering the facility through air intakes.

206.05 Parking space must be adequate to accommodate school visitors, employees, students who must drive, school buses, and school activities. Parking space must be provided for individuals with disabilities, and the site and building must be accessible to individuals with disabilities. Parking spaces can be provided at the rate of about 125 cars per acre. The following parking configuration is suggested:

A. For staff: 1 parking space per staff member including itinerants.

B. For students: Approximately 1/3 or more of the pupil population at the high school level and space provided as necessary.

C. For visitors: an additional 10 to 20% of total staff parking D. A percentage of spaces must be labeled for individuals with disabilities according to ADA requirements.

206.06 Consideration should must be given to the following parking arrangements:

A. Car parking should be arranged to minimize backing. Parking areas must be hard surfaced, well drained, and illuminated per IES standards for night use. Traffic control signs must be installed.

B. Car parking should not be permitted on streets with street traffic, on pedestrian lanes, or on driveways or loading areas. Parking areas must be away from playgrounds but near spectator areas when practical.

206.07 A designated bus loading and unloading zone is required and shall be provided to accommodate all buses anticipated to be present at the school at one time. This shall be based on:

A. A transportation survey covering bus schedules, partial unloading or transfer of students, provision for students with exceptionalities, and parking.

B. The number of students transported, based on the average number of students per bus or rated capacity of the bus.

C. Future growth or possible changes in the transportation pattern.

206.08 The bus parking area must be designed in connection with the bus loading zone, independent of driveways, so that backing the vehicle is unnecessary. It must be permanently surfaced and well drained, with designated spaces and traffic control signs.

206.09 Bicycle racks near the building are desirable for some schools. A survey to determine the need should be used to indicate the rack space necessary.

207 FIRE PROTECTION

207.01 As per the West Virginia State Fire Code, all school facilities shall have fire hydrants at specified locations to achieve the best fire insurance assessment. The type of hydrant required must be determined in consultation with the local fire department.

208 SAFETY AND CLEANLINESS

208.01 The principles of safe design and Crime Prevention Through Environmental Design (CPTED) should be considered when new schools are designed and existing schools experience major renovations.

208.02 All school buildings and grounds shall be kept clean and free from debris and safety hazards.

209 BEAUTIFICATION

209.01 The school site should lend itself readily to landscaping and provide a pleasant natural environment. It should permit the location of the building an adequate distance from the street line, both for aesthetic setting and for the safety of children.

209.02 The site plan presented by the architect should encompass the total site and show future developments. The same general procedures used for planning the building should be used for outdoor facilities. The process of educational planning, writing educational specifications, and architectural designing are applicable to sites as to as well as buildings.

209.03 Well planned site plantings for individual schools should be prepared with the assistance of qualified personnel, such as landscape architects and nurserymen. Personnel at West Virginia University and the U.S. Soil Conservation Service are available to assist in planning for site beautification.

209.04 The school site plan shall not be considered adequate without an accompanying planting and plant maintenance plan. The site design should consider the harmonious visual integration of the varied plantings with the mass of buildings from all points of view and in accordance with School Access Safety Plans.

209.05 The classes of plants usually used on school grounds are: shade trees, evergreens, evergreen shrubs, deciduous flowering shrubs, and ground covers such as grasses. In general, a school ground planting scheme will consist of foundation planting, intersection planting of shrubs at angles and curves of drives and walks, tall trees to frame the building, and trees planted in groves for shade.

209.06 The choice of plants should be limited to the following varieties:

A. Plants that require minimum maintenance B. Plants that are known to be sturdy C. Plants that thrive in recreational areas D. Plants that tolerate normal amounts of dry weather

209.07 All usable existing topsoil on the site shall be saved. It can be replaced only at great expense. An analysis of the topsoil should be made to determine plant food requirements for the plantings provided.

209.08 As per guidelines set forth by the American Standards of Landscape Architects, the county shall retain and protect as many existing trees as possible to be absorbed in the total plan. If all the planting cannot be done at once, shade or larger trees should be planted first. Locate trees should be located in relation to the building so as to shield classrooms from brightness of the sky, reflected snow glare, glare from adjacent buildings, provide shade, and shield from noise, e.g., traffic. Serious consideration of security and life safety issues should be addressed.

209.09 Each school site should have a master plan for plantings approved by the county board of education. Plantings provided by citizens and/or students should be in accordance with the approved plan and should be sanctioned by the board of education prior to the expenditure of money for such plantings.

Chapter 3 COMMON FACILITIES 300 FACILITIES NECESSARY FOR THE OPERATION OF ALL SCHOOLS All schools contain the instructional and auxiliary facilities which are necessary to maintain the educational program and accommodate the out-of-classroom needs of both students and staff. The design possibilities for such spaces have increased with the emergence of diverse concepts in school design, increased use of non-printed media, expanded awareness of student/teacher human needs, recognition of the school as a community resource, and improved technology. The planning of auxiliary spaces must involve careful consideration of the future adequacy of the spaces. While additional classrooms can be appended with some ease, the expansion of auxiliary spaces can seldom be accomplished easily after completion of initial construction. Thus, when auxiliary facilities become obsolete and inefficient, the usefulness of the entire facility may be diminished.

In the planning and design of new school facilities, designers should always strive to attain maximum effectiveness and efficiencies and enhance life safety and security by looking at multi-use spaces and shared facilities in both the instructional and auxiliary areas.

301 ACCESSIBILITY

All school buildings must be designed in compliance with the Americans with Disabilities Act (ADA). All schools must be designed, constructed, maintained, and equipped to provide a barrier-free environment and maximum accessibility for all staff and students to all floors. All facilities must be in compliance with the requirements of state and federal regulatory agencies concerned with accessibility.

300.01 Additional Accessibility Factors

301.011 School facilities must also provide the following accommodations pursuant to the Uniform Federal Accessibility Standards:

A. Accessibility ramps and doorways that are ADA compliant B. Safe area for loading and unloading of buses and other means of transportation C. Restrooms, drinking fountains, and lavatories that are appropriately equipped and ADA compliant D. Special furniture for students with orthopedic, mobility, or other physical challenges to permit easy use E. Switches, controls, hardware, and fire protection systems that are easily used and understood by student F. Food service facilities designed to meet the individual needs of students G. Non-skid floor covering or carpet which is mold and microbial resistant H. Lockable cabinets for securing medications I. Appropriate ceiling tile which is mold and microbial resistant 302 TECHNOLOGY All school buildings providing pre-Kindergarten through career and technical adult education programs must provide adequate access to instructional and administrative technology. (for HVAC requirements in the designated areas, refer to Section 1108.08) Because of the rapidly changing nature of technology, a thorough and specific technology plan must be developed to support instruction delivery in each new facility. The plan must respond to the educational requirements of the district and school and the capabilities of each.

302.01 Technology Plan

302.011 The plan for delivery of media, voice, data, graphics, text, and telecommunications throughout the school shall include a description of the instructional and administrative objectives, the technical structure needed to facilitate the system, the equipment needed to implement the system, and the physical/design requirements for incorporating the system into the construction of the facility. The school technology delivery plan shall be based on the technology standards developed for the administration and instructional delivery in new schools. A detailed technology plan shall be developed specific to any facility project as a part of the educational specifications. The technology plan must identify how technology will be used and how it will support the curriculum delivery model.

302.012 The technology plan shall be developed in conjunction with the WV Department of Education Office of Technology and shall:

A. Identify current and proposed technology needs B. Establish technology integration strategies C. Identify ideal implementation strategies for every academic and administrative space D. Establish a process for tracking, servicing, and updating technology equipment E. Identify security protocol and permissions strategies F. Outline staff development relating to the use of technology G. Identify the infrastructure needs based on the curriculum and instructional programming and match the technology with the skill sets the students are supposed to obtain from the instruction H. Provide the design engineer specific technology needs including backbone requirements that will allow the design of the power and support infrastructure for the schools technology equipment

302.013 The technology plan shall meet the requirements set forth by WVDE and comply with applicable SBA policies. The plan shall be submitted to the SBA for approval with design development documents. SBA funding to support the technology infrastructure will be conditioned upon SBA approval of the technology plan.

303 SELECTION OF FURNITURE AND EQUIPMENT

303.01 Classroom furniture and equipment should be considered during the initial planning stage and should be selected on the basis of its contribution to, and compatibility with, the total educational program.

303.02 Criteria for selection should include the following:

A. Appearance B. Maintenance C. Safety and security D. Comfort E. Durability F. Building Codes G. Guarantees H. Flexibility I. Availability J. Cost 304 ADMINISTRATIVE AND SERVICE FACILITIES All schools must provide the administrative offices necessary for the operation of the school. The school must also contain a guidance area designed and located to allow privacy, with an entrance separate from the administrative suite. The guidance office must be of adequate size to allow for group discussions and is convenient to student records. The guidance office shall contain adequate secured storage facilities, outside telephone service, and an information display area. The school must also contains a health service area, which includes an examination room, restroom facilities, and an area for the ill. The health area shall be equipped to facilitate the operation of its users and contain outside telephone service. Appropriately equipped areas within the administrative suite must be available for supplies and book storage, secure storage for test booklets, duplicating equipment, conferences and/or small group discussions, a staff lounge, and student and teacher restrooms. A control room, within or adjacent to the administrative suite, shall provided to house the communication systems. Factors influencing the location of administrative facilities include: Proximity to the main entrance of the school, convenient access to the instructional areas of the building, insulation from outside noises, and convenient access to the special service facilities. The entrance of the school, reception, and waiting areas must adhere to school access safety guidelines.

The following chart and description of spaces are examples of the number, types, and square footage of administrative and service facilities that must be considered for typical schools. The educational program of each new facility shall dictate the actual number and types of spaces provided. Counties are encouraged to design administrative and service facilities tailored to meet the needs of the educational program of the school in consultation with an architect or educational facility planner.

PHYSICAL FACILITY

SCHOOL TYPE – Square Footage Estimates Administrative Small Elementary Elementary Middle High Man Trap Waiting General Office 1 @ 400 Work Room 1 @ 250 Communications Room 1 @ 75 1 @ 75 1 @ 75 Conference Room 1 @ 250 1 @ 250 Principal’s Office Vice Principal’s Office * Central Storage Vault / Records Room Mail Boxes Faculty Toilets 2 @ 60 2 @ 60 2 @ 60 2 @ 60 Student Services Guidance Counselor Office 2 @ 120 Speech Therapist Itinerate Specialist Conference Room Storage Student Health Clinic Nurse’s Office Restroom / Shower 2 @ 100 Clinic Dental Clinic * (services provided by outside entity)

Health Clinic * (services provided by outside entity) 1 @ 1,500 1 @ 1,500 1 @ 1,500 1 @ 1,500 * Provided when necessary 304 FOOD SERVICE FACILITIES The food service facility is critical to meeting the education, nutrition, and health goals of the school nutrition program. Expanded nutrition standards, advances in technology and production techniques, as well as changes in student expectations, impact facility design and equipment decisions. Federal program regulations and state policies recognize the importance of nutrition to students’ health and performance by requiring a greater variety of food choices, including fresh vegetables, fruits, and grain-based foods.

To encourage participation in school nutrition programs, students need easy access to quality meals, including time and space to make food choices and practice healthy eating behaviors. Facilities that offer inviting dining and serving environments help to provide these opportunities and shape healthy habits.

High quality nutritious meals must be prepared in a cost effective manner. Well designed and equipped facilities improve efficiency and reduce operating costs and further help to ensure that production techniques meet stringent standards of food safety.

304.01 General Design

304.011 Location A. The kitchen and dining area shall be located on ground level with direct access from outside for deliveries and disposal B. Student access to the food service area from other areas of the building shall be convenient C. The size and design of food production, serving, and dining areas shall be appropriate for student population (Refer to Area Guidelines.)

D. Food service areas shall be designed for efficient food flow and food safety the receiving area shall be adjacent to the loading dock and near the storage area; the production area shall be adjacent to storage and serving areas; serving and production areas shall be adjacent to ware washing areas; and waste disposal areas shall be adjacent to production areas.

E. Meal serving and dining areas shall be located away from vending machines and all other food sales/outlets to which students have access during meal service periods

304.012 Walls, Floors, and Surfaces A. Finished surfaces including walls and ceilings shall be composed of durable, smooth, nonabsorbent, and easily cleaned materials B. Flooring shall be composed of resilient non-porous material, resistant to skidding, grease, and chemicals C. Floors shall be level throughout the food service facility and be free of steps or other uneven surfaces. In elementary schools, consideration may be given to building the floor in the serving area at a lower level on the cook side so that those serving food are able to see and serve students at eye level.

D. The following are approximate space requirements for prototypical food service program designs. Actual building areas should be sized to accommodate required equipment, student loads, and other factors. The design should be in compliance with WVBE Policy 4321.1, Standards for School Nutrition.

PHYSICAL FACILITY

SCHOOL TYPE – Square Footage Estimates Food Service Elementary Middle High Dining Room Required square footage is calculated by multiplying the percentage of student enrollment dining during a period times the enrollment, multiplied by 12 square feet per student.

Dining Room Storage Table storage, as necessary Food Preparation 1 @ 500 1 @ 750 Serving 1 @ 400 Dishwashing Non-Foods Storage Dry Foods Storage 1 @ 140 1 @ 175 Walk-In Cooler Walk-In Freezer Janitor/Custodial Storage Locker / Dressing Room / Toilet / Washer & Dryer Dietician Office Receiving

304.013 Acoustics A. Walls, ceilings, floor materials constructed of sound-dampening materials to meet recommended sound levels in accordance with ASA guidelines B. Equipment and chairs with noise-resisting glides C. Food service areas acoustically separated from quiet areas of the building

304.014 Electrical A. Separate electrical panel for kitchen area B. Fixtures or bulbs mounted flush with the ceiling, with easily removable safety covers C. Lock plugs for refrigeration equipment, e.g., milk coolers, ice cream cabinets, to prevent disconnections D. Emergency lighting, particularly in areas without windows E. Fire safety and fire suppression systems to comply with OSHA, NFPA, and all fire and building codes F. Electronic security systems on doors and equipment to protect against unauthorized access and theft G. Acceptable levels of lighting; 35 foot candles on equipment, 50-75 in work surfaces, food displays, point of service, ware washing and serving areas, 80-100 in the office area, 20-35 in storeroom, and 40-50 in dining room H. Spare circuits for future needs

304.015 Air Quality A. Separate climate controls in dining room and kitchen areas B. Filters with a minimum American Society of Heating, Refrigerating, and Air Condition Engineers (ASHRAE) dust spot efficiency of 25% (MERV 7) are desirable in HVAC supply systems.

C. Temperature maintained between 72°-76°F, relative humidity meets ASHRAE guidelines in kitchen; in dry storage areas, temperature between 50°-70°F.

D. Air temperature measuring devices meet 1999 Food Code standards (4.203.12), accurate within 1.5°C E. Ventilation systems exchange clean air for heat-, odor-, smoke-, steam- and/or grease-laden vapors at rates of (a) 12-20 times/hour in kitchen areas, and (b) 4-5 times/hour in dry storage areas F. Ventilation hoods/canopies with removable filters installed over cooking and dishwashing equipment to prevent condensation and grease collection G. An AC-powered audible and visual alarm for excessive carbon monoxide detection will be provided where combustible gases are used.

304.02 Facilities

304.021 Kitchen A. Space Requirements 1. Adequate space to meet food production needs and meal service types 2. Kitchen aisle widths measure 4 to 6 feet to accommodate carts and personnel B. Equipment 1. Equipment selection based on number of meals, food preparation needs (school-made foods, processed products, self-serve food bars, menu choices), number of lunch periods, and available labor 2. Water source and floor drains/troughs installed for cookery as required for equipment, e.g., vertical cutter mixer, steam jacketed kettle 3. Three-compartment sink for manual dishwashing 4. Fire suppression equipment interconnected to grills and other top-of-stove equipment 5. Automatic and manual shut off for fire suppression on ventilator and cooking equipment 6. Reheating and serving equipment available in facilities to which meals are shuttled from a central kitchen 7. Food transport equipment, which maintains proper food temperatures in accordance with Food Code requirements

304.022 Dining and Serving A. Location 1. Flow of traffic leaving the dining area passes close to dishwashing and trash disposal areas 2. Serving area entrance convenient to the entrance of the dining area 3. Location and arrangement provides access to students with disabilities in the least restrictive manner B. Space Requirements 1. Sufficient area for equipment and seating plus circulation and aisles (Space recommended for the dining area is 8-14 square feet per student)

2. Dining area that seats more than 500 students divided into smaller rooms or equipped with room dividers 3. Aisles allow space for two-way traffic of students carrying trays, i.e., a minimum of 6'4" with 8' preferred C. Equipment 1. Provide a hand washing/sanitizing station for use prior to the serving lines 2. Tables, seating, and serving equipment ergonomically designed and proportional for age/grade levels 3. Furnishings optimize seating capacity while enhancing the dining environment 4. Seating based upon approximately one-half the average daily lunches served, with 10-14 square feet of floor area per meal (student) during each serving period 5. Bulletin boards or display areas 6. Types and arrangement of serving equipment to accommodate meal options (counter vs. self-service, single vs. multiple food choices or lines), and number of persons served per meal period 7. Serving equipment maintains food in a safe condition, e.g., heated servers (steam tables, heat lamps), refrigerated servers, and sneeze guards 8. Tray rails in front of serving line 9. Warming and refrigeration units located near the serving line 10. Serving area equipped with sources of power, water, and facilities for drainage 11. Drinking water available to students, through water dispensers, water filling stations, or other appropriate means, throughout the school day

304.023 Ware washing A. Ware washing equipment adequate for number and types of meals served per meal period B. Ware washing water temperature meets 1999 Food Code standards C. Ware washing area located in separate walled area, with adequate ventilation D. Hand sink convenient to ware washing area

304.024 Storage Areas A. Location 1. Adjacent to kitchen and receiving area B. Space Requirements 1. Adequate space based on:

a. Number of meals (allow one-half square foot per daily meals served)

b. Frequency of deliveries c. USDA Donated Foods (allow for 8-10 weeks supply)

d. Types of planned menu items (prepared versus school-made products, canned versus fresh and/or frozen (Refer to Area Guidelines)

2. Additional storage for disaster preparedness C. Floors, Walls, and Doors 1. Quality flooring, slip-resistant, durable construction adequate to bear the weight of loaded pallets (600 pounds/square inch)

3. Exterior and interior walls and sub-floors vapor sealed below ground 3. Self-closing heavy duty doors with a minimum width of 42 inches secured from the outside (separate from school’s master key system)

D. Dry Storage 1. Adequate, secured dry storage area (Refer to Area Guidelines)

2. Easy-to-read wall thermometer mounted at eye level and away from airflows 3. Free of non-insulated/unsheathed water, steam, and sewer lines 4. Adequate, adjustable heavy metal shelves (3-5 foot with 3 or 4 tiers per section, 18-24 inches deep and 6 inches above the floor)

3. Separate storage room or cabinet for storage of cleaning supplies E. Refrigerated Storage 1. Refrigerator space for a 15-day supply of food to store USDA Donated Foods, in addition to purchased foods and leftovers (Refer to Area Guidelines)

4. Freezer space based on a 30-day food supply 3. Walk-in freezer and refrigerator units recommended in schools serving 250 or more meals per day 4. Walk-in units placed below floor level or set on spacers to provide at least 3 inches of insulation below the refrigeration unit 5. Skid resistant flooring in walk-in units that is level with the kitchen’s floor and capable to withstand 600 pounds per square foot 6. Secured safety doors that open from the inside on all units 7. Well lighted interior for all units 8. Condensate drain line on the outside of cooler units 9. Aisles wide enough between shelves to accommodate carts 10. Heavy duty wire shelving in coolers and freezers, stainless steel preferred 11. Reach-in or roll-in units located next to serving line to prevent food contamination and preserve freshness 12. Alarm system that warns of unacceptably high temperatures in freezers and refrigerators 13. Timed or clock-controlled defrosting cycle for freezers 14. Dial or digital thermometer mounted on exterior of unit 15. Adequate capacity of reach-in refrigerators and freezers dependent on menu, preparation methods and serving systems (Refer to Area Guidelines)

304.025 Receiving A. Receiving area accommodates delivery equipment and vehicles B. Additional dock area for vehicle loading and unloading for off-site food delivery systems

304.026 Waste Control A. Outdoor waste storage areas constructed of smooth, durable, nonabsorbent material and sloped to drain B. Waste receptacles of sufficient capacity to hold refuse C. Waste storage areas and receptacles constructed with tight-fitting lids, doors, and covers and designed to facilitate effective cleaning D. Waste receptacles located in all areas where refuse is generated or commonly discarded E. Acceptable pest control measures to meet food safety standards

304.027 Manager’s Office A. Size Approximately 75 to 100 square feet B. Location Office located near receiving area with visual access to kitchen area C. Equipment See Chapter 3, Section 302.04, and the following requirement.

i. The area should be equipped with desk, chairs, lockable file storage, clock, and bulletin board

304.028 Locker/Dressing Area A. Size Approximately 75 to 100 square feet B. Location Adjacent to or near kitchen area and restroom facilities C. Equipment 1. Area equipped with mirror, chairs or benches, and a full-length locker for each employee 2. Hand sink, with proper handles and faucets, located outside restroom facilities AREA GUIDELINES The following are approximate space requirements for the five prototypical food service program designs. Actual building areas should be sized to accommodate required equipment, student loads and other factors described below, as well as ensure compliance with 126CSR86 WVBE Policy 4321.1, Standards for School Nutrition.

AREAS

SQUARE FOOTAGE

COMMENTS

Preparation & Production Satellite Elementary School* On-Site Elementary School** 440-460 640-660 620-680 1420-1430 940-960 *”Satellite” refers to facilities where meals produced off-site are received and served. **”On-Site” refers to school facilities in which meals are produced and served on-site.

Production space is affected by the complexity of the menu, the degree of convenience foods used, and the amount of baking done on-site.

Serving Area 250-260 420-430 640-650 1120-1130 1650-1670 Factors affecting serving and dining space requirements include student loads per scheduled meal period, multipurpose uses of space, and type of service, e.g., self, counter, scramble.

Ware washing Dry Storage 80-100 190-210 300-320 440-460 520-530 Factors affecting storage include use of disposables and the number of operating days between deliveries.

Freezer 2 door reach-in 100-120 120-140 240-250 250-260 Number of days of supply affects freezer space needed. The quantity and types of USDA donated commodities received also affect storage needs.

Refrigerator/Cooler 2-2 door reach-ins 100-120 120-140 150-170 160-180 Cooler space is affected by the frequency of deliveries of milk and other refrigerated foods and the days of supply needed.

305 LIBRARY/LEARNING RESOURCE OR MEDIA CENTER (OPTIONAL)

The mission of the library/media program is to ensure that students and staff are effective users of resources, information and ideas. All schools shall contain a center, which is located, designed, and equipped to facilitate the instructional programs and to enhance information literacy. This center is a space for the organization, storage, lending, and on-site use of a variety of access, information, and delivery tools. The center should be comfortable and attractive. The environment should be pleasant, and the space should be organized to permit quiet, solitary study; group interaction; easy location, inspection and use of materials; and convenient flow of traffic between areas. The success of the center will depend, to a large degree, on the organization of space and materials, the furniture, and the manner in which the center is operated. The center should be centrally located to ensure easy access. A main floor location is usually preferable. The center should be located away from noisy areas like the gymnasium and meet the acoustical standards of the Acoustical Society of America (ASA). It should also be placed so that physical expansion will be possible, if necessary. Other considerations in locating the center are (1) access from outside when other parts of the school building are closed; (2) optional uses for distance learning and virtual classes. The size of the facility should must be appropriate for school enrollment and must accommodate the current collection of printed and other materials, including electronic resources, as well as anticipated acquisitions. The nature of the facility will depend on the educational level of the students although there are some common requirements which are unaffected by the age of the users. For instance, appropriate floor and wall coverings will ensure a low noise level. Ceilings should provide desired acoustical level; heating and ventilating outlets should be installed so that they do not interfere with shelving and so that heat flow will not damage materials; and electrical outlets should be accessible where multimedia and other equipment will be used.

The following are approximate space requirements for prototypical library / learning resource or media program designs. Actual building areas should be sized to accommodate required equipment, student loads and other factors.

PHYSICAL FACILITY

SCHOOL TYPE – Square Footage Estimates Library / Media Center / STEM Elementary Middle High Library / Media Center / STEM Space Required square footage is calculated by multiplying the student enrollment by 12%, then multiplying the total by 30 square feet per student.

Audio Visual 1 @ 125 Circulation / Office Storage Breakout – Small Group Instruction 2 @ 400 3 @ 400

305.01 Circulation Area

305.011 Space Allocation - 150 to 200 square feet

305.012 Activities Online research, exhibits, copying equipment, electronic card catalogs, automated circulation capacity, and online periodical indexes. Provisions for computer work stations and other peripherals.

305.02 Reading/Browsing Area

305.021 Size - 30 square feet per reader

305.022 Capacity 8 to 12 percent of the total student body. Provision should be made to include a storytelling area at the elementary level.

305.023 Location See factors mentioned in comment about this center in Chapter 3, Section 305.

305.024 Activities-Integrated media-rich learning activities General reading, reference and research work with hard copy and online encyclopedias, books, dictionaries, maps, pamphlets, charts, globes and pictures; browsing; viewing displays; magazines; charge-out of materials; previewing non-book materials; and class instruction in the use of the library/media resources.

305.025 Equipment Space and Facilities A. Tables of various sizes and shapes and chairs. All furniture should be sized to the students using it.

B. Vertical files C. Reference stands for dictionaries D. Map stand E. Storytelling area F. Informal reading area - periodicals and books; lounge-type furniture G. Book trucks H. Wet and dry carrels I. Movable shelving - 5 feet, not to exceed 6 feet, high and 12 inches deep. Some deeper for reference materials J. Electrical outlets available. Duplex receptacles should be installed on all walls. Sufficient branch electrical circuits should be in each room K. Where there are to be specialized facilities such as language labs, study carrels, microteaching and television, provision should be made for electrical service in the floor.

L. Conduits should be provided to permit future installation of computers, television and other electronic instructional devices.

M. System conduits shall be at least 3/4 inches in diameter in order to provide for installation of television and other teaching devices as indicated above.

N. Acoustical treatment in this area is essential. Use of audio devices mandates acoustical treatment of walls, ceilings, and floors in media centers and other such areas. The noise levels shall not exceed the levels that are recommended by the Acoustical Society of America (ASA).

O. Appropriate floor covering and ceiling tile, which is mold, and microbial resistant P. Light control. Adequate provision for controlling the light level in instructional areas and projection area near computers is essential. For efficient use of projection-type materials, the light in the room, particularly in the area of the projection surface, should not exceed one-tenth foot candle.

Q. For preservation of book and non-book materials and equipment, temperature between 68-75ºF and humidity less than or equal to 60% rH shall be maintained. Air conditioning of media center and production area is recommended.

305.03 Director’s Office

305.031 Size Space, depending upon size of staff, approximately 150 square feet

305.032 Location Should be located adjacent to, and connected with, the circulation area. A glass partition should be placed in the wall between this area and the office.

305.033 Equipment Space and Facilities See Chapter 3, Section 302.04.

305.04 Maintenance, Repair and Distribution Area

305.041 Size - 300 to 400 square feet

305.042 Location Readily accessible to the administration and reading/browsing areas.

305.043 Activities Processing, maintenance, and minor repairs of book and non-book materials and equipment.

305.044 Equipment Space and Facilities:

A. Counter tops B. Storage cabinets C. Computers D. Sink E. Electrical outlets F. Shelving

305.05 Media Production Lab - Optional

305.051 Size - 300 to 400 square feet

305.052 Location Accessible to administration area and main building corridor.

305.053 Activities Production of photographic, graphic, and audio materials.

305.054 Equipment Space and Facilities A. Refrigerator B. Sink with running water C. Electrical outlets D. Exhaust fans E. Standard darkroom with equipment F. Light control G. Floor drains H. Basic graphic production equipment I. Basic audio production equipment J. Presentation and copying equipment

305.06 Viewing/Listening/Conference Area

305.061 Size 150 to 200 square feet with provision for subdivision into viewing/listening or conference areas by movable walls. Provide multi-spaces for larger facilities.

305.062 Location Accessible to reading/browsing area

305.063 Activities Seminars and small group seminars; previewing; multimedia activities.

305.064 Equipment Space and Facilities See Chapter 3, Section 302.06, and the following requirements.

A. Adequate electrical outlets B. Acoustical treatment C. Light control of each small area

305.07 Equipment Storage Area - Instructional Materials, Supplies, and Equipment

305.071 Size - 300 to 400 square feet

305.072 Design Capacity Storage of all multimedia equipment during vacation period.

305.073 Location Adjacent to work room. Limited access with provision for maximum security.

305.074 Activities - Storage and Circulation; Optional for wiring closet and cable TV access.

305.075 Equipment Space and Facilities A. Temperature, humidity, and dust control B. Locking storage cabinets C. Door with lock without threshold strip - minimum 3 feet D. Fire protection E. 18 inch shelving

305.08 Periodical, Book and Newspaper Storage Area

305.081 Size - 150 to 200 square feet

305.082 Location Adjacent to reading/browsing area.

305.083 Activities Storage of periodicals, newspapers, books, and non-circulating materials.

305.084 Equipment Space and Facilities A. 18 inch shelving B. Work table 306 ENGINEERING AND CUSTODIAL FACILITIES All new or renovated schools are shall be designed, constructed, maintained, and equipped to provide adequate and appropriate space and services for custodians. All new or renovated schools shall be equipped with custodial and engineering areas, individually accessible to a service drive, with exterior doors sized to permit removal of room equipment or delivery of supplies. The areas shall be isolated from student occupied areas by location and/or treatment. Custodial closets shall be located within the school in strategic and convenient areas. Adequate facilities shall be provided for storage of supplies and equipment, and adequate provisions shall be made for waste disposal. Each custodial service facility shall be constructed in compliance with all requirements of appropriate regulatory agencies.

The following chat and description of spaces represent approximate space requirements for prototypical custodial facilities designs. Actual building areas should be sized to accommodate required equipment, student loads and other factors.

PHYSICAL FACILITY

SCHOOL TYPE – Square Footage Estimates Building Services / Custodial Elementary Middle High Mechanical Room 1 @ 400 1 @ 600 1 @ 800 Electrical Room 1 @ 400 Electrical Closet (amount as necessary)

Janitor’s Closet 2 @ 30 2 @ 30 2 @ 30 Custodian Office & Controls w/ Toilet Paper / Supply Storage Chemical Storage Maintenance Storage Sprinkler Head-In (when not located in mechanical room)

Outside Storage 1 @ 50 1 @ 50 1 @ 75 Network Systems Room Network Closets (amount as necessary)

Student / Public Toilets As necessary, defined by appropriate building codes

306.01 General Requirements

306.011 Adequate and appropriate space, facilities, and services should be provided for the custodians, including locker, shower, toilet, and lavatory.

306.012 It is desirable to provide an office for the head custodian near the custodial quarters. These facilities will be available for preparing and filing reports, preparing requisitions, preparing schedules and records, and for holding private conferences.

306.013 In high schools that have laundry facilities, automatic-drying machines will require venting to the outside. Dryers shall be located to permit routing of dryer vents directly to the outside. Dryer vents shall be limited to no more than 15 feet and one elbow, unless special equipment is provided. Compliance to the State Fire Code and NFPA 101 Life Safety Code is necessary.

306.014 Since portable electric floor cleaners are frequently used, ample electrical outlets shall be located at convenient points not more than 75 feet apart in corridors and rooms or in accordance with the NEC code, whichever is more stringent. See Chapter 11, Section 1109.

306.02 Custodial Closets

306.021 Size and Number - Area as needed

306.022 Location Strategically located along corridors, a minimum of one per floor, and in food service area to reduce the travel necessary to properly maintain a healthy and clean school.

306.023 Equipment Space and Facilities A. Service sink with mud trap and hot and cold water B. Shelving for various cleaning supplies and equipment C. Storage space for mops and brooms D. Storage space for cleaning cart E. Exhaust ventilation system to maintain a negative pressure to adjacent areas

306.03 Locker/Dressing Rooms

306.031 Size - as needed

306.032 Location - Adjacent to custodian’s room

306.033 Equipment Space and Facilities A. Lockers B. Mirror C. Chairs or benches D. Toilet E. Shower F. Exhaust ventilation to maintain a negative pressure to adjacent areas

306.04 Receiving, Storage and Work Room

306.041 Size - Area as needed

306.042 Location - Direct access from the service drive

306.043 Equipment Space and Facilities A. Shelving in a variety of depths and heights to provide temporary storage for supplies and equipment delivered to the school and custodial equipment not used daily, such as ladders, vacuum cleaners, and scrubbers. Shelving should be of resilient construction.

B. Provide work bench equipped with vise and storage for small hand and power tools used in minor repair C. Grounded duplex receptacles over work bench at three feet intervals 307 LAWN TOOL EQUIPMENT STORAGE ROOM

307.01 Size - 50 to 100 square feet

307.02 Location - Direct access from outdoors

307.03 Equipment Space and Facilities Shelving and space to permit easy storage of lawn mower, lawn tools, and snow removal and other equipment needed in the care of the school grounds. A permanent storage building of similar construction to the existing facility shall be used for equipment containing flammable materials located separate from the school.

308 HEAT PLANT

308.01 Location A. Directly accessible to service drive, with exterior doors to permit removal of room equipment.

B. Adequate space to facilitate service to the building heating equipment.

308.02 Equipment and Facilities As needed, with provision to permit expansion, if necessary.

Chapter 4 EARLY AND ELEMENTARY EDUCATION (PRE-K-5)

400 EARLY AND ELEMENTARY EDUCATION (PRE-K-5) CENTERS

The WVDE is committed to providing guidance and assistance to counties in their efforts to continuously improve all aspects of educational programming, including physical facilities. Critical planning must precede the construction of facilities, or the purchase of equipment and materials in order to ensure that all students have access to a comprehensive, high-quality early learning system that empowers them to reach their full potential, promotes their development as productive and responsible citizens, and prepares them to meet workforce and economic demands.

Grades Pre- K through grade 5 are formative educational years and set the foundation for a child’s future learning and school experience. Successful early learning (pre-k through grade 5) facilities are designed to be developmentally appropriate, inviting, inclusive, and supportive of all. Early learning environments should enable educators to use a variety of teaching approaches resulting in authentic engagement in active, purposeful learning. In grades pre-k through grade 4 the school staff provide school-wide, systematic guidance to ensure that a learner focused, developmentally appropriate approach to learning is prevalent within the school.

Closely coordinated planning of facilities containing housing early childhood/primary programs shall include factors such as the school’s role in the community, the physical, emotional, and social needs of students, how students learn most effectively, and what constitutes the total coordinated program of learning in the early learning grades (pre-k through grade 5). Factors relating to a comprehensive approach to early learning that relies heavily on student engagement, mobility, and is flexible for multiple uses throughout the day. Close attention to outdoor spaces for gross motor movement are an extension of the classroom in the early learning environment. This space should permit areas for play, learning and social activities. Responsive environments that include time, space and developmentally appropriate materials necessary to create print-and language-rich environments conductive for learning and integration of standards. Classrooms are designed and equipped in a manner that encourages discovery, small group and individual learning, exploration, and problem solving. Classrooms have sufficient quality and variety of appropriate materials and resources to support student-centered learning.

All schools housing early and elementary education programs shall contain general-purpose instructional areas, specialized instructional spaces, auxiliary spaces, safety facilities, and service facilities. The school shall be large enough to accommodate projected enrollments, to provide an adequate curriculum, and to maintain reasonable efficiency. Available technology shall be incorporated into environmental controls to provide a comfortable environment, which facilitates the educational program. Where design considerations permit, the facility shall be constructed in a manner that utilizes maximum natural light.

An educational facility should be large enough to take advantage of reasonable economies of operation, comfortably accommodate the inhabitants, and support the educational program. Other factors such as density of population, availability of sites, and transportation should be considered in determining the size of the facility. Classroom furniture and equipment should be considered during the initial planning stage and should be selected on the basis of its contribution to, and compatibility with, the total educational program, which includes collaborative problem solving and project-based learning experiences.

All modular or detached classroom structures must meet the requirement of this policy for the intended space and must have restroom facilities for all grades pre-k-5 unless waived by the WVBE.

All pre-k classrooms must also comply with all requirements set forth in W. Va. 126CSR28, WVBE Policy 2525, West Virginia’s Universal Access to a Quality Early Education System (Policy 2525).

The following charts and description of spaces are example of the number, types, and square footage of administrative and service facilities that must be considered for typical schools. The educational program of each new facility shall dictate the actual number and types of spaces provided. Counties are encouraged to design administrative and service facilities tailored to meet the needs of the educational program of the school in consultation with an architect or educational facility planner.

400.01 Size of Centers Early and elementary school centers should be organized for educational programs and administrative purposes according to the following enrollments.

A. Schools housing grades pre-k-5 should have a minimum of 110 square feet per pupil unless factors such as enrollment or architectural design permit otherwise as determined by the state superintendent of schools. Regardless of school size, the teacher-student ratio should not exceed the ratios established in W. Va. Code §18-5-18a for regular instructional spaces.

B. Special class enrollments (such as special and early and elementary childhood education) must be considered in addition to the above figures.

C. Centers shall be planned for a minimum of 240 students per center. Smaller centers require approval from the West Virginia Board of Education.

D. Square footage of facilities funded by SBA will be established in accordance with SBA Guidelines and Procedures Handbook.

400.02 SELECTION OF FURNITURE AND EQUIPMENT

400.021 Classroom furniture and equipment should be considered during the initial planning stage and should be selected on the basis of its contribution to, and compatibility with, the total educational program.

400.022 Criteria for selection should include the following:

A. Appearance B. Maintenance C. Safety and Security D. Comfort E. Durability F. Building Codes G. Guarantees H. Flexibility I. Availability J. Cost 401 ESSENTIAL PHYSICAL AND SERVICE FACILITIES

401.01 Certain physical and service facilities, such as a multipurpose room, dining, assembly, and music areas, are provided in some pre-k primary school centers. Similar facilities, modified in size and/or combined use, are provided in smaller elementary centers. All new schools must have separate dining and physical education instructional areas. The dining room area should accommodate at least one third of the student enrollment.

The following chart indicates the facilities considered essential to the implementation of high quality early childhood/primary education. Consideration should be given to changing various learning spaces and activity areas through the use of flexible or movable walls.

The following is an example of the number, types, and square footage of facilities that should be considered for typical grades pre-k-5 school enrollments. Specific educational programming should occur for each new facility and the educational program must dictate the actual number and types of spaces provided.

Enrollment Physical Facility 240 340 440 540 Students Students Students Students ADMINISTRATIVE 1@150 1@150 1@150 1@150 Waiting 1@200 1@200 1@300 1@400 General Office Enrollment Physical Facility 240 340 440 540 Students Students Students Students 1@200 1@200 1@250 1@250 Work Room -- 1@75 1@75 1@75 Communications Room 1@250 1@250 1@250 1@250 Conference Room 1@180 1@180 1@180 1@180 Principal’s Office -- -- -- 1@150 V. Principal’s Office 1@100 1@100 1@100 1@100 Supply & Book Storage STUDENT SERVICES 1@250 1@250 1@300 1@300 Clinic 1@120 1@120 1@120 1@120 Guidance ELEMENTARY CLASSROOMS -- -- -- -- Pre-Kindergarten Classroom (as applicable) 2@1000 3@1000 4@1000 5@1000 Kindergarten Classroom 8@720 12@720 16@720 20@720 Elementary Classrooms (Classroom area may vary if computer stations are provided within the classroom)

1@1800 1@2400 1@3000 1@3600 MEDIA CENTER

See Chap. 7 - Students with Exceptionalities - SPECIAL EDUCATION Instructional Areas 1@1200 1@1200 1@1200 1@1200 ART 1@1200 1@1200 1@1200 1@1200 MUSIC 1@800 1@800 1@800 1@800 COMPUTER LAB and/or Distributed (See OTIS Handbook for specifications)

1@1800 1@1800 1@1800 1@1800 PHYSICAL EDUCATION SPACE

OR 1@3100 1@3100 1@3100 1@3100 GYMNASIUM

1@1200 1@1800 1@2200 1@2700 DINING ROOM

See Chap. 3, Section 303 Food Service Facilities KITCHEN 1@250 1@250 1@250 1@250 FACULTY LOUNGE CUSTODIAL 1@500 1@500 1@500 1@500 Mechanical Room (varies) 2@25 2@25 2@25 2@25 Custodial Closet 1@150 1@150 1@150 1@150 Custodian w/Restroom Enrollment Physical Facility 240 340 440 540 Students Students Students Students STORAGE (Instructional) 1@100 1@100 1@100 1@100 Early Childhood 4@100 6@100 8@100 10@100 Elementary Education 1@130 1@130 1@130 1@130 Media Center -- 2@100 2@100 2@100 Music/Art 2@175 2@175 2@175 2@175 Multi-purpose 1@175 1@175 1@175 1@175 Dining STORAGE (Non-Instructional) 1@120 1@120 1@120 1@120 Administrative 1@175 1@175 1@175 1@175 Central Storage 1@200 1@200 1@200 2@200 Outdoor Storage RESTROOMS (consult code) 1@25 1@25 1@25 1@25 Student Services 2@20 2@20 2@20 2@20 Early Childhood 8@20 12@20 16@20 20@20 Elementary Education 2@40 2@40 2@40 2@40 Faculty 2@150 2@200 2@200 2@200 Public The above program of spaces provides the net program area for the example shown. Building circulation, wall thicknesses, and other required area should be incorporated into the building area to arrive at the gross building area required in the total facility.

402 ESSENTIAL INSTRUCTIONAL TECHNOLOGY FOR EARLY AND ELEMENTARY EDUCATION PRE-K-5 CENTERS

See Chapter 3, Section 302. 403 PRE-KINDERGARTEN (When services are provided) AND KINDERGARTEN

403.01 Size Base the preliminary determination of early childhood education areas upon the allotment of 50 square feet per child.

403.02 Design Capacity - 20 students

403.03 Location A. On ground floor with easy access to an entrance not generally used by older children. Corner areas are also preferable to permit the development of separate, fenced-in play areas.

B. Direct access to segregated outdoor play area that contains a large grassy area with climbing equipment, obstacle course and garden area, and adequate storage for equipment, based on a minimum of 75 square foot for child.

C. Area of the building, which permits maximum natural light.

403.04 Activities Individual and small group instruction based on the Early Learning Standards as described in State Board Policies 2525 and 2510, including learning activities to address positive social-emotional skills, early language/communication and early literacy skills; and the use of appropriate behaviors to meet students’ needs. These activities may include collaborative project-based learning, physical education, conversation, discussion, listening activities and creative activities with various media. The room should accommodate displaying students’ work; storing instructional materials and supplies; demonstrations; and activities where stations with individual and collaborative assignments are to be done with manipulative materials and a wide range of technologies.

403.05 Equipment Space and Facilities See Chapter 3, Sections 302.01 and 302.02, and the following requirements.

A. Work areas 1. Deep sink equipped with mud trap, hot and cold water 2. Waterproof counter top - 2 square feet per student with shelving beneath. Counter height at 22 inches to accommodate 3 and 4 year-old children.

3. Grounded duplex electrical outlets at 3 feet intervals over counter top. Avoid placing over sink.

4. Facilities for hanging mobiles from ceiling.

B. Instructional space and storage area for activities related to: art, science and nature, music and movement, language development, technology activities, creative play, crafts and construction.

C. Storage for student’s personal belongings.

D. One self-contained student toilet facility per 20 students within the classroom and drinking fountains, square footage all inclusive.

E. Display space F. Provide light control facilities (e.g., dimmer switches and blackout drapes for audiovisual media work)

G. Acoustically treated to protect instructional areas from outside noises H. Material flooring combination of carpeting and resilient material with the following area carpets:

1. Large group area at least 7 ½ feet by 10 ½ feet 2. Library area at least 3 ½ feet by 5 ½ feet 3. Dramatic play area at least 3 ½ feet by 5 ½ feet 4. Block area at least 4 ½ feet by 6 feet I. Movable adjustable student tables (30” X 40“ minimum size) and chairs of appropriate height, easily joined or separated J. Teacher’s combination desk/table with lockable storage and chair K. Large wall clock 404 GENERAL INSTRUCTIONAL AREAS - ELEMENTARY (grades 1-5)

404.01 Size Base preliminary determination of area upon the allotment of 28 to 30 square feet per student. To accurately determine the area needed, trial layouts should be made using scaled templates representing furniture and equipment on scaled drawings of floor and wall elevations.

404.02 Design Capacity - 25 students

404.03 Location A. Acoustically treated to protect instructional spaces from outside noise B. Convenient access to outdoors, particularly to recreational and physical education areas C. If the building is a multiple-story structure, the first grade shall be assigned to the ground level floor

404.04 Activities General learning areas may support a variety of activities including individual study and work, group interaction, lectures, reading, writing, demonstration, use of technology, and movement. These spaces will accommodate a variety of audiovisual and teaching equipment for both group and individual use.

404.05 Equipment Space and Facilities Ample space, movable furniture and equipment and well-designed storage areas are essential. See Chapter 3, Sections 302.01 and 302.02, and the following requirements.

A. Instructional boards, bulletin boards and other display areas - as much as possible, a minimum of 96 square feet of wall space for a regular size classroom.

1. Instructional boards and bulletin boards should have map rails installed above 2. The bottom of the display area should be at the eye level of the student when seated B. Student storage/lockers C. Storage space (may be separate room)

2. Open and closed adjustable shelving of various heights and depths for a variety of sizes of construction paper, charts, and large format books - 30 linear feet of each 2. Lockable storage for teacher’s personal belongings 3. Filing space for instructional material and supplies equivalent to 4-drawer, legal size file cabinets D. Work counter - see Chapter 4, Section 403.05 E. Teacher’s combination desk/table and chair F. Conference-type table and chairs G. Adjustable desks and chairs, or combination chair-desks H. Desirable equipment 1. Corridor display cabinet for students’ work 2. All major types of instructional technology equipment should be readily available within classroom or in the nearby media center I. Adequate provision for controlling the light level in instructional areas is essential. For efficient use of projection-type materials, the light in the room, particularly in the area of the projection surface, should not exceed one-tenth footcandle.

J. Duplex electric receptacles should be installed on all walls of the instructional space for the use of instructional equipment. Sufficient branch electrical circuits should be in each room. Conduits should be provided to permit installations of instructional technology devices. System’s feeder conduits should be at least 3/4 inches in diameter in order to provide for installation of instructional technology as indicated above. Individual point of service drops should be at least 3/4 inches.

K. A projection surface should be installed in each instructional area with provision for eliminating keystoning.

L. Use of audio devices mandates acoustical treatment of walls, ceilings, and floors in instructional areas and media centers, particularly in classrooms where many activities are occurring simultaneously.

M. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 405 PHYSICAL EDUCATION SPACE A physical education space or gymnasium is to be included. It should be based upon the amount of time required for the separate program activities to be housed.

405.01 Size Base preliminary determination of physical education space on the allotment of six to eight square feet per student enrolled in the school. Allow approximately 65 square feet per student for physical education with 25 students per session.

405.02 Design Capacity Design Capacity shall be determined by the SBA, WVDE, an architect or educational facility planner.

405.03 Activities To be determined on the basis of the school’s program. Consideration should be given to providing a clear height from 20 to 24 feet if the room is used for such activities as basketball. Consideration should be given to the installation of sound absorbing material on the walls if the room is used for such activities as assemblies or music and theater performances.

405.04 Location A. Removed from quiet areas of the building by location and/or acoustical treatment B. Direct access to outdoor physical education or recreation areas C. Convenient access to public parking areas D. Direct access to service drive E. If used for dining purposes, locate adjacent to kitchen serving area.

405.05 Equipment Space and Facilities See Chapter 3, Section 302.05, and the following requirements

405.051 Fixed Platform - Optional A. Provide 500 square feet of permanent or portable platform area. Consideration should be given to staging “in the round.”

B. Two entrances to the fixed platform, one direct from the building corridor. Entrances to be double door size.

C. The fixed platform location should be one that makes instructional spaces accessible for use as dressing rooms.

D. Proscenium opening should be approximately 1/2 the width of the body of the multipurpose room.

E. Curtains of fire resistant materials, portable or permanent acoustical paneling, F. Lighting facilities with controlled illumination.

G. Grounded duplex electrical receptacles - 5 to 10 - should be provided in the fixed platform area.

H. Storage for electronic and fixed platform equipment.

I. Every fixed platform equipped with rigging for movable theater-type scenery and every enclosed platform larger than 500 square feet in area shall have a system of automatic sprinklers in accordance with the state fire code.

405.052 Chair and Table Storage Area as needed for storage of tables and chairs used for dining purposes A. Provision of ample space to accommodate assembly chairs stored on trucks and musical risers

405.053 Equipment Storage A. Approximately 200 square feet with convenient access to the outdoor physical education area and direct access to multipurpose area B. Provide double doors with flush threshold C. Shelving and cabinets for storage of miscellaneous types of physical education and other equipment

405.054 Public Restrooms A. If pupil restrooms are not conveniently accessible for public use, 2 restrooms of approximately 50 square feet each should be provided.

B. Restrooms must conform to ADA regulations 406 GYMNASIUM (Optional)

406.01 Gymnasium (Physical Education Learning Station)

406.011 Size Determination of size is dependent upon physical education spaces to be located – 3,100 square feet minimum. Floor area should be marked for various games.

406.012 Design Capacity - Maximum of 70 students at 55 square feet per student.

406.013 Location Convenient access from instructional areas with separate outside access for community use. The gymnasium area should be designed to provide the possibility of having access blocked to the remainder of the school while still retaining access to restroom facilities.

406.014 Activities Include soccer, volleyball, basketball, football, softball, dance, gymnastics, and other activities to meet the county curriculum. Recommend basketball court (42 feet x 74 feet) with an apron of 3 to 6 feet.

406.015 Equipment Space and Facilities See Chapter 3, Section 302.05, and the following requirements A. Provisions for using the learning center as 2 or more teaching stations may require canvas-net partition, folding door partition or mechanical folding walls.

B. Adequate electrical outlets for multiple learning stations C. Bulletin board - 12 to 16 linear feet D. Drinking fountains E. Wood gymnasium floor or equal. Wood flooring must be provided humidity monitoring through the building monitoring and control system.

406.016 Equipment Storage A. Approximately 200 square feet with convenient access to the outdoor physical education area and direct access to multipurpose area B. Provide double doors with flush threshold C. Shelving and cabinets for storage of miscellaneous types of physical education and other equipment

406.017 Public Restrooms A. If pupil restrooms are not conveniently accessible for public use, 2 restrooms of approximately 50 square feet each should be provided.

407 FOOD SERVICE FACILITIES

408 ADMINISTRATIVE AND SERVICE FACILITIES

See Chapter 3, Section 303.

409 ENGINEERING AND CUSTODIAL FACILITIES

See Chapter 3, Section 306.

410 SMALL GROUP INSTRUCTIONAL AREAS/CLASSROOMS

Specialized classrooms in the form of small or specially equipped instructional areas are provided in each facility. These areas are not intended to be permanent classrooms; rather, they are intended for flexible and fluid targeted instructional activities. Small group instructional areas should be designed for the provision of tiered, strategic, intensive or special education instruction to students in language arts, mathematics, science, social studies, and certain other subject areas. These classrooms may be used as instructional areas for the provision of gifted services.

410.01 Size Base preliminary determination of area upon an allotment of 30 square feet per student. For example: 450 square feet of floor area should be planned for 15 students in an instructional space. To more accurately determine the area, trial room layouts should be made using scaled templates representing furniture and equipment and scaled floor and wall elevation drawings.

410.02 Design Capacity - 15 students

410.03 Location A. Isolation from noisy areas of the building B. Close proximity to the media center C. Location which will permit easy expansion

410.04 Activities Speaking, group discussion; viewing instructional technology and other projected materials; listening to recordings, podcasts and broadcasts; doing assignments on instructional boards, or at desk and/or tables; displaying students’ work; storing instructional materials and supplies; demonstrations; and lab activities where stations with individual, small group and project based assignments are to be done with manipulative materials or computer equipment.

410.05 Equipment Space and Facilities See Chapter 4, Sections 402.01 and 402.02, and the following requirements A. Instructional boards, bulletin boards, and other display areas - as much as possible, a minimum two-thirds of available wall space 1. Instructional boards and bulletin boards should have map rails installed above 2. The bottom of the display area should be at the eye level of the student when seated B. Storage 1. Lockable storage for teacher’s personal belongings 2. Storage for teaching aids and supplies a. Closed and open shelving b. 4-drawer filing space C. Teacher’s combination desk-table and chair D. Conference-type tables and chairs E. Desirable equipment All major types of instructional technology equipment should be readily available within classroom or the nearby media center F. Adequate provision for controlling the light level in instructional areas is essential. For efficient use of projection-type materials, the light in the room, particularly in the area of the projection surface, should not exceed one-tenth footcandle.

G. Duplex electrical receptacles should be installed on all walls of the instructional space for the use of instructional equipment. Sufficient branch electrical circuits should be in each room. Conduits should be provided to permit future installation of network computer drops, television, and other electronic instructional devices. System conduits should be at least 3/4 inches in diameter in order to provide for installation of television and other teaching devices as indicated above.

H. Where there are to be specialized facilities, such as language labs, study carrels, microteaching, and television, provision should be made for electrical service in the floor.

I. A projection surface should be available in each instructional area.

J. Use of audio devices mandates acoustical treatment of walls, ceilings, and floors in instructional areas and media centers, particularly in open-type classrooms where many activities are occurring simultaneously.

K. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 411 ART FACILITIES - Optional Consideration may be given to providing multi-use space for the instruction of art and music, art and science, and art and social studies.

411.01 Space allotment of 45 to 50 square feet per child with movable tables and chairs. Table dimensions no less than 36 inches x 60 inches for each 4 students. Art room should be located on the ground floor.

411.02 Equipment Space and Facilities See Chapter 3, Sections 302.01 and 302.02, and the following requirements A. 2 deep sinks, each with extra large drain, clean-out trap, and long drainage top - stainless steel recommended B. Uncarpeted floor of concrete, tile, linoleum, or other material not easily damaged by paint and clay C. Counter space equivalent to the length of at least one wall D. Closed-in storage shelves under counter - 6 or more drawers of built-in or movable storage space for flat pictures, at least 20 inches x 40 inches - storage cabinets and/or display boards on wall above counter E. Adjacent storage room with shelves for art supplies - space allotment of 250 to 350 square feet F. At least one instructional board, movable or stationary G. Bulletin boards - 30 linear feet recommended. Movable display panels are also recommended. (Recommended for hallways and general areas: glass enclosed display space and movable display cabinets.)

H. Electrical outlets, 12 or more, located conveniently to working area I. Audiovisual facilities may be separate, or combined with art room. These require blackout curtains and projection facilities.

J. Ceilings should be equipped with facilities for hanging mobiles.

K. Art appreciation corner with facilities for rotating display of two and three dimensional objects and related library materials. Recessed wall-display cabinets are desirable, but not essential.

L. Mechanical ventilation systems are utilized in the art rooms to handle fumes, dust, odors and gases from turpentine, lacquer thinners, acids, toxic markers, and clays. Special areas such as kiln rooms, dark rooms, pug mills, burnout kilns, and acid areas require additional specific ventilation.

M. Provision for ceramic kiln N. If this space functions as a multi-use space, provide lockable storage for each academic area.

411.03 Location - Ground Floor location

411.04 Art facilities for small schools, which have no special art room, must include storage space for consumable art supplies, materials and equipment, and an arts and crafts corner.

411.041 Arts and Crafts Space A. At least one sink, preferably deep, with long drainboard, large drains and clean-out trap - stainless steel recommended.

B. Built-in counter with Formica top and closed-in storage shelves beneath - at least 8 feet in length. This may double as workspace or drying area for unfinished work.

C. Display board or bulletin board, 12 linear feet or more D. Uncarpeted floor area of tile, linoleum, or other material not easily damaged by paint and clay E. Storage (minimum of 100 square feet) for art supplies in closet, case, or small storage room F. At least 2 additional electrical outlets, adjacent to work area

411.042 Art Appreciation Corner Equipped with glassed-in display case with shelves for crafts; wall space for displaying two-dimensional work. Should also accommodate a section for library materials in the form of built-in shelves or portable unit.

412 LIBRARY/LEARNING RESOURCE OR MEDIA CENTER

See Chapter 3, Section 305.

413 MUSIC FACILITIES

See Chapter 4, Section 410.

Physical and spatial requirements for music education obviously exceed the capacity of the conventional classroom. Spaces for individual and group vocal and instrumental instruction and rehearsal are necessary. The size, quality, and number of these spaces will be determined by the enrollment and the educational level of the school, the scope of the music program, and the degree of encouragement offered music education by the administration and the community.

A good location for the music room is in a wing of the building close to the multipurpose room. Physical isolation should be sought to reduce the transmission of sound to other areas of the building. Practice rooms may be separated acoustically from the rehearsal room by placing storage rooms or walls having dead air space between them. It is important that the facility be arranged for supervision of all practice and storage rooms. Also, the temperature shall be between 68-75ºF and humidity shall be less than or equal to 60% rH in the instrument storage rooms.

413.01 This facility shall be large enough to accommodate physical movement and daily use of “classroom/general music” instruments for teaching general music and a facility for elementary instrumental music class instruction.

413.011 Size 400 cubic feet per student; ceiling 14 to 16 feet high. Allow space for design capacity of 25 students.

413.012 Location A. Direct access to instrumental storage B. Isolated area of building

413.013 Activities Instruction in instrumental and classroom/general music

413.014 Equipment A. See Chapter 3, Sections 302.01 and 302.02, and the following requirements.

B. Stereo sound reproduction and recording equipment C. Electronic piano and bench D. Classroom instruments E. Portable marker board, 30 linear feet E. Chairs F. Music stands G. Filing cabinets - legal size

413.02 Office Space for Planning or Studio Teaching

413.021 Size 250 to 350 square feet - 8 to 12 students

413.022 Design Capacity Accommodate small group

413.023 Location Convenient to music room

413.024 Equipment A. Desk and chair B. Filing facilities C. Portable marker board D. Work table and chairs E. Storage for tapes and records

413.03 Storage Space for Instruments, Equipment and Music

413.031 Size Approximately 150 square feet. Secure room with shelving to accommodate stringed instruments, classroom instruments, and legal size filing cabinets.

Chapter 5 MIDDLE EDUCATION 6-8 500 MIDDLE EDUCATION 6-8 CENTERS The WVDE is committed to providing guidance and assistance to counties in their efforts to continuously improve all aspects of educational programming, including physical facilities. Critical planning must precede the construction of facilities, or the purchase of equipment and materials in order to ensure that all students have access to a comprehensive, high-quality learning system that empowers them to reach their full potential, promotes their development as productive and responsible citizens, and prepares them to meet workforce and economic demands.

Middle school education builds upon the results of early childhood education and transitions students into high school education program. Middle school education provides unique, age-appropriate educational opportunities that challenge all students to use their minds well. Middle school education provides students with the curriculum and instruction, assessment, support, learning skills, technology tools, and time they need to achieve rigorous academic standards. Students are provided opportunities for both independent inquiry and learning collaboratively with others. Middle school programming is challenging and engaging, tapping the young adolescents’ boundless energy, interests, and curiosity through rich hands-on, engaging experiences. Students learn to understand important concepts, develop essential skills and apply what they learn to real-world problems. The creation of small learning communities of adults and students produces stable and mutually respectful relationships that support students’ intellectual, emotional and ethical growth.

Successful middle school facilities are designed to be developmentally appropriate, inviting, inclusive, and supportive of all. Learning environments should enable educators to use a variety of teaching approaches resulting in authentic engagement in active, purposeful learning. School staff will provide a school-wide, systematic guidance and advisory approach to ensure that Personalized Education Plans (PEP) and career exploration are multi-faceted and individualized, guiding students and their parent and/or guardian to thoughtfully explore individual interests and aptitudes in relation to academic and career planning. A PEP guides each student’s course selections based on individual career aspirations and postsecondary plans.

Closely coordinated site planning will include factors such as the school’s role in the community, the physical, emotional, and social needs of students, how students learn most effectively, and what constitutes the total coordinated program of learning in the middle grades. Departmentalization, specialization of instructional spaces, elective subjects, extracurricular activities, and flexible scheduling are factors to be considered when designing a 6-8 facility. Where design considerations permit, the facility will be constructed in a manner that encourages the use of natural light.

A middle level educational facility should be large enough to take advantage of reasonable economies of operation, comfortably accommodate the inhabitants, and support the educational program. Other factors such as density of population, availability of sites, and transportation should be considered in determining the size of the facility. Classroom furniture and equipment should be considered during the initial planning stage and should be selected on the basis of its contribution to, and compatibility with, the total educational program, which includes collaborative problem solving and project-based learning experiences.

All modular or detached classroom structures must meet the requirement of this policy for the intended space unless a variance is granted by the WVBE.

The following charts and descriptions of spaces are examples of the number, types, and square footage of administrative and service facilities that must be considered for typical middle childhood/junior high schools (grades 6-8). The educational program of each new facility shall dictate the actual number and types of spaces provided. Counties are encouraged to design administrative and service facilities tailored to meet the needs of the educational program of the school in consultation with an architect or educational facility planner.

500.01 Size of Centers An educational facility should be large enough to take advantage of reasonable economies of operation, comfortably accommodate the inhabitants, and support the educational program. Other factors such as density of population, availability of sites, and transportation should be considered in determining the size of the facility.

A. All middle schools have a minimum allotment of 120 square feet per student, unless factors such as enrollment or architectural design permit otherwise as determined by the WVDE.

B. The size and type of facility will be determined by the number of students and the instructional program.

C. Square footage of facilities funded by SBA will be established in accordance with SBA Guidelines and Procedures Handbook

500.02 Selection of Furniture and Equipment

500.021 Classroom furniture and equipment should be considered during the initial planning stage and should be selected on the basis of its contribution to, and compatibility with, the total educational program, which includes collaborative problem solving and project-based learning experiences.

500.022 Criteria for selection should include the following:

A. Appearance B. Maintenance C. Safety and Security D. Comfort E. Durability F. Building Codes G. Guarantees H. Flexibility I. Availability J. Cost 501 PLANNING PROCESS

501.01 Middle school programs and facilities to accommodate such programs are the result of careful, complete, and creative planning for engaging college- and career- readiness experiences.

501.02 Closely coordinated planning will include factors such as the school’s role in the community, the characteristics of students, how students learn most effectively, the physically disabled, and what constitutes the total coordinated program of learning in the middle school. Consideration should be given to changing various learning spaces and activity areas through the use of folding or movable walls. Consideration should be given to providing separate learning areas for each grade level and to providing a separate grade level “team planning room” for each area.

501.03 Educational specifications shall be prepared to include a careful computation of room, area, and building capacity as required to offer programs of study as outlined in the Master Plan, WVBE Policies 2510 and series 2520. Additional educational specification requirements can be found in the SBA Guidelines and Procedures Handbook for new schools or schools with major additions funded by the SBA.

501.04 Departmentalization, specialization of instructional spaces, elective subjects, and flexible scheduling are factors to be considered in determining the number of teacher stations. In determining the number of teacher stations, consideration must be given to the number of students with exceptionalities served in special education environments for specific subject areas.

502 ESSENTIAL INSTRUCTIONAL TECHNOLOGY FOR MIDDLE SCHOOL EDUCATION 6-8 CENTERS

See Chapter 3, Section 302.

503 GENERAL PURPOSE (ACADEMIC) CLASSROOMS OR INSTRUCTIONAL AREAS

Rooms should be designed to serve specific needs of language arts, science, foreign language, mathematics, social studies, and certain other subject areas. They should also be designed to permit flexible use to facilitate college and career ready instructional practices and changing program requirements.

503.01 Size Base preliminary determination of area upon allotment of 28 to 30 square feet per student. For example: 700 to 750 square feet of floor area should be planned for 25 students in an instructional space. To more accurately determine the area, trial room layouts should be made using scaled templates representing furniture and equipment and scaled floor and wall elevation drawings. The area of the standard middle school classroom will be 840 square feet to accommodate the requirements of the college- and career-readiness activities; however, the designed space may be reduced specific to the educational specifications and the student population projections with the prior approval of the WVDE Office of School Facilities and Transportation.

503.02 Design Capacity - 25 students

503.03 Location Close proximity to the media center Location which will permit easy expansion Isolation from noisy areas of the building

503.04 Activities Speaking; laboratory activities; large group presentation, group discussion; viewing a wide range of projection materials on several different walls and other audio links; engaging in learning activities using an interactive board or at tables or other learning stations; displaying student work; storing instructional materials and supplies; demonstrations; lab activities, where individual assignments or collaborative projects are to be done with manipulative materials, lab equipment or technology (computer, probes, graphing calculators, etc.)

503.05 Equipment Space and Facilities See Chapter 3, Sections 302.01 and 302.02, and the following requirements A. Instructional boards, bulletin boards, interactive boards and other display areas, including display areas for student work - a minimum of 96 square feet of wall space for a regular size classroom.

1. Instructional boards, interactive boards, and bulletin boards with map rails installed above 2. Bottom of display area should be at eye level of student when seated B. Student lockers in hallway C. Storage 1. Lockable storage for teacher’s for personal belongings 2. Storage for teaching aids and supplies a. Closed and open shelving b. 4-drawer filing space c. Additional storage as need for each content area (mathematics manipulatives etc.)

D. Teacher’s combination desk-table and chair E. Conference-type tables and chairs F. Desks and chairs, or combination chair-desks G. Desirable equipment Corridor display cabinet for students’ work H. Adequate provision for controlling the light level in instructional areas is essential. (For efficient use of projection-type materials, the light in the room, particularly in the area of the projection surface, should not exceed one-tenth footcandle.)

I. Ample duplex receptacles should be installed on all walls of the instructional space for the use of instructional technology. Sufficient branch electrical circuits should be in each room. Conduits should be provided to permit future installations of instructional technology equipment. System conduits should be at least 3/4 inches in diameter in order to provide for installation of instructional technology as indicated above.

J. Where there are to be specialized facilities, such as language labs, study carrels, projection, editing booths, and individual or small group practice rooms, provision should be made for electrical service in the floor.

K. A non-stationary projection surface should be available in each instructional area.

L. Use of audio devices mandates acoustical treatment of walls, ceilings, and floors in instructional areas, media centers, and other such areas, particularly in open-type classrooms where many activities are occurring simultaneously.

M. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 504 SMALL GROUP INSTRUCTIONAL AREAS/CLASSROOMS Specialized classrooms in the form of small or specially equipped instructional areas are provided in each facility. These areas are not intended to be permanent classrooms; rather, they are intended for flexible and fluid targeted instructional activities. Small group instructional areas should be designed for the provision of tiered, strategic, intensive or special education instruction to students in language arts, mathematics, science, social studies, and certain other subject areas. These classrooms may be used as instructional areas for the provision of gifted services.

504.01 Size Base preliminary determination of area upon an allotment of 30 square feet per student. For example:450 square feet of floor area should be planned for 15 students in an instructional space. To more accurately determine the area, trial room layouts should be made using scaled templates representing furniture and equipment and scaled floor and wall elevation drawings.

504.02 Design Capacity - 15 students

504.03 Location A. Close proximity to the media center B. Close proximity to general purpose classroom or instructional area C. Location which will permit easy expansion D. Isolation from noisy areas of the building

504.04 Activities Speaking; laboratory drills; lecture; group discussion; viewing instructional technology; listening to recordings, podcasts and broadcasts; doing assignments on instructional boards, or at desk and/or tables; displaying students’ work; storing instructional materials and supplies; demonstrations; and lab activities where stations with individual assignments are to be done with manipulative materials or computer equipment.

504.05 Equipment Space and Facilities See Chapter 4, Sections 402.01 and 402.02, and Chapter 5, Section 503.05.

505 ART FACILITIES

Art facilities should accommodate the studio and classroom activities of a full art program. Basic to all activities would be space allotment, natural and artificial light, movable furniture or furnishings, display space, several kinds of storage space, deep sinks with clean-out traps, and adequate electrical outlets.

505.01 Size Studio, approximately 1,000 square feet or the equivalent, exclusive of storage. Provide one room for every 150 art students enrolled.

505.02 Capacity - Recommended class size for studio activities is 25 students

505.03 Location - Pertinent factors A. Accessibility for consumable materials; ground floor location preferred B. Need for uncarpeted floor in studio areas. Floors should be of concrete, tile, linoleum, or other material not easily damaged by paint or other chemicals C. Good lighting, both natural and artificial. Natural light is important for many activities and essential for painting.

D. Space should contain, or be accessible to, facilities for the use projection, instructional technology, blackout curtains, display areas, and chairs equipped with tablet arms.

E. Power tools and equipment may be borrowed from or shared with industrial arts area, subject to local policy.

505.04 Activities Basic - drawing, painting, sculpturing, ceramics, design, art history and appreciation, and crafts.

505.05 Equipment Space and Facilities See Chapter 4, Sections 302.01 and 302.02, and the following requirements.

A. Sink and work-counter units 1. Hot and cold water with mixing faucets 2. No less than 2 deep sinks of stainless steel with long drain boards 3. Large drains and clean-out traps 4. Long counter for mixing paints and other activities 5. Storage for mixing pans, water jar, and brushes (under sink and counter)

B. Special storage for:

1. Drawing boards 2. Shelves for storage of flat work, a minimum of 28 inches x 40 inches - may be built in or movable 3. Prints - similar to above 4. Audiovisual materials and special books 5. Tools used in construction 6. Unfinished 3-dimensional work C. Instructional board - at least 6 linear feet D. Bulletin boards - all available wall space - at least one full wall E. Display facilities for projects, glass covered in studio and hall F. Work benches, tilt-top tables, and easels as selected by instructors, movable to permit flexible grouping, with accommodations for:

2. Teachers’ desk and storage area 2. Provision for hanging mobiles from ceiling G. Doorway opening at least 42 inches wide H. Duplex outlets along wall spaces and above work counter - no less than 12 I. All electric and gas kilns hooded and mechanically ventilated when in use J. A ceramic kiln co-located with each general art classroom K. A combustible storage cabinet properly ventilated L. Provide general and/or local exhaust to remove fumes, odors, gases and other contaminants to maintain negative room pressure to adjacent areas

505.06 Storage Room 300 to 400 square feet, to include shelves for paper, paints, and supplies; also for unfinished work which cannot be stacked, such as wet paints, prints, and ceramics. Special shelf in studio or storage room for unfinished constructions, at least 20 linear feet.

506 FOREIGN LANGUAGE FACILITIES

Factors influencing the type of foreign language facility to be chosen include the type of laboratory facility desired. Laboratory facilities can be an electronic classroom, a language laboratory into which students are scheduled from classes held in general purpose classrooms, or general-purpose classrooms adapted for foreign language study.

506.01 Electronic Classroom

506.011 Size 35 square feet per student, exclusive of storage space

506.012 Design Capacity Allow five percent more stations - maximum class size 25.

506.013 Location Near media center, and isolated from noisy areas of building, and meets ASHRAE and ASA standards.

506.014 Equipment Space and Facilities:

See Chapter 3, Sections 302.01 and 302.02, and the following requirements.

A. Conference-type tables and chairs that can be moved to facilitate conversation and collaborative learning B. Student seating 1. Stationary tables wired to reproduce sound from console and movable chairs 2. Overhead wiring on droppable units to reproduce sound from console and combination chair-desks (This type installation needs fewer square feet per student than stationary tables).

C. Duplex electrical outlets on all feasible walls D. Book shelving - minimum of 20 linear feet E. Provision for darkening room F. Microphones, one per station G. Headsets, one per station H. Jack and plug to place sound track from 16 mm projector into classroom sound systems, desirable

506.02 Language Laboratory

506.021 Size 35 square feet per student, exclusive of storage space

506.022 Design Capacity Allow five percent more stations - maximum class size 25 students

506.023 Location In center of, or adjacent to, foreign language classrooms.

506.024 Activities Language laboratory drill and recording

506.025 Equipment Space and Facilities See Chapter 3, Sections 302.01 and 302.02; Chapter 5, Section 503.05; and the following requirements.

A. Stationary booths and movable chairs for students B. Headsets, one per station C. Microphones, one per station D. Provision for darkening rooms

506.03 Teacher Work Area

506.031 Size Area as needed, approximately 250 square feet

506.032 Design Capacity Two instructors and several students

506.033 Location Opening into language laboratory or classrooms

506.034 Activities Preparation of instructional materials, small group activities, reading, and grading.

506.035 Equipment Space and Facilities See Chapter 3, Section 302.04, and the following requirements A. Desk and chair per teacher and/or work station with computer- 1 B. Legal size filing cabinet per teacher - 1 C. Lockable storage for instructor’s personal belongings D. Table or movable cart for audiovisual equipment E. Conference table and chairs F. Instructional board and bulletin board, minimum of 5 linear feet each G. Storage for instructional aids H. Soundproof area for recording tapes 507 TECHNOLOGY EDUCATION FACILITIES Factors influencing the location include providing location for easy delivery of instructional supplies, equipment and materials, some of which are bulky and heavy; design of laboratory to permit some change in individual room areas as activities are developed. The assistance of specialists should be secured to adequately plan this suite. Technology education programs include instruction in the areas of communication, transportation, construction, and manufacturing.

507.01 Technology Education Production Laboratory

507.011 Size The area should be approximately 950-1000 square feet

507.012 Design Capacity - 25 students

507.013 Location A. Direct access from the building corridor B. Direct access to other rooms in the technology education suite

507.014 Activities The laboratory facility will need to provide space for layout, measurement, cutting, forming, and fabricating using a variety of materials (e.g., wood, metal, plastics); space for using and caring for hand tools and a variety of machines; and space for finishing various materials.

507.015 Equipment Space and Facilities See Chapter 3, Section 302.04, and the following requirements A. The major floor area should be free of heavy or permanently fixed equipment to allow for flexible room arrangement B. A minimum of 2 work stations, with underneath storage C. Maximum work counter and cabinet storage space D. Wall mounted lockable tool panels, if a tool room is not available E. Windows should be high enough to permit installation of equipment along outside walls F. Ceiling electrical grid system for 110-volt power to machines with master switches and with adequately marked emergency shut-off switch.

G. Adequate electrical wall outlets for power equipment and tools H. Facilities for removal of chips, dust, and harmful fumes I. Door to corridor, minimum 48 inches wide J. A sufficient number of fire extinguishers of the proper types and sizes as per the NFPA Life Safety Code K. Wash area for personal cleanliness and preparation and cleaning of tools and supplies L. Lighting shall meet IES standards

507.02 Technology Education Communication Laboratory/Classroom

507.021 Size Determination of size depends upon the number of students and related activities, varying from 75 to 100 square feet per student.

507.022 Design Capacity - 25 students

507.023 Location Direct access to production laboratory to provide for easy supervision.

507.024 Activities Classroom instruction, project planning, small group activities, and a clean environment for instruction and activities with equipment such as computers, robotics, electronics, lasers, and a large open space for construction of group projects.

507.025 Equipment Space and Facilities See Chapter 3, Sections 302.01 and 302.02 and the following requirements.

A. Glass walls or windows in wall facing laboratory to provide for easy supervision B. Instructional board - 20 linear feet minimum, and bulletin board - 10 linear feet C. Maximum counter and cabinet storage space along walls (Some of this space may be used for computers. If so, height needs to be adjusted accordingly.)

D. Windows should be high enough to permit installation of counters along outside walls E. Provisions made for blinds or shades to allow for showing of audiovisual materials F. Adequate electrical wall outlet strips for use of electronic equipment, computers and related peripherals G. Reconfigurable tables and chairs for 20-25 students H. Bookcase for reference and resource books; magazine rack I. Floors - tile J. Ceiling - acoustical-type finished ceiling K. If modular furniture is to be used, room layout needs to be planned accordingly

507.03 Instructor’s Office

507.031 Size - 100 to 150 square feet

507.032 Location Convenient or direct access to production laboratory and communication laboratory.

507.033 Equipment Space and Facilities A. Teacher’s desk and chair B. Conference chairs - 1 or 2 C. Storage 1. Letter size, 4-drawer file cabinets - 2 2. Open and closed shelving for supplies and references, 20-30 linear feet D. Minimum of 2 duplex outlets

507.04 Raw Material and Tool Storage

507.041 Size - 150 to 250 square feet

507.042 Location Direct access to production laboratory

507.043 Activities For storage of various types of stock, tools and other supplies necessary in the technology classroom.

507.044 Equipment Space and Facilities A. Storage racks for various types of stock. Stock may be as large as 4 feet x 8 feet B. Adjustable shelving and cabinets for small items and portable electric tools C. Peg board for storage of hand tools

507.05 Project Storage

507.051 Size - 150 to 250 square feet

507.052 Location Direct access to classroom laboratory

507.053 Activities Limited to storage of student projects and supplies

507.054 Equipment Space and Facilities A. Provide maximum adjustable shelving 24 inches deep along walls B. Provide free floor area for storage of large items

507.06 Audiovisual Laboratory

507.061 Size - 150 to 250 square feet

507.062 Location Direct access to classroom

507.063 Activities Producing a variety of audiovisual materials such as mock radio and television segments.

507.064 Equipment Space and Facilities A. Maximum work counter space with storage underneath B. Electrical outlets along counter C. Soundproof from exterior influences D. Additional electrical outlets for equipment usage 508 MUSIC FACILITIES Factors influencing the location of this complex include: isolation from quiet areas of the building; ease of isolating the area for use during and after school hours; inclusion in the general arts area with convenient access to the stage; and direct or convenient access to the outdoors. Location of facilities within the suite should provide ease of supervision of all areas. It is strongly recommended that an acoustical analysis be completed during construction and/or renovation of music facilities. Acoustical treatment should provide proper sonic environment to prevent sound transmission to remainder of the building as per ASA standards. Cubic volume must be the first and foremost priority in the design of space for music facilities.

508.01 Music Studio NOTE: Classroom/general music, choral, and instrumental studios may be planned as separate or combined facilities. Ceiling height must be planned for acoustical purposes, including the effect of built-in or portable risers on ceiling height. It is recommended that a choral rehearsal room have 350-500 cubic feet and that band/orchestra rehearsal rooms have 550-700 cubic feet. Assistance in design and planning may be obtained from the music specialist of the WVDE.

508.011 Size - 30 to 40 square feet per student

508.012 Design Capacity - 25 students for general music classrooms, larger areas must provided for band, orchestra, and choral instruction

508.013 Location Direct access to instrumental storage A. Direct or convenient access to other rooms in the music suite B. Isolated as much as possible from quiet areas of the building

508.014 Activities Instruction in classroom/general music, choral and instrumental music; viewing instructional technology; listening to recorded music; dance movement common to show choir; demonstrations of various types of instruments; writing or drawing on instructional board, and display materials.

508.015 Equipment Space and Facilities See Chapter 4, Sections 302.01 and 302.02, and the following requirements.

A. Instructional board - 30 linear feet, maximum, on front wall of which at least 8 linear feet is etched with staff lines B. Bulletin board - 8 to 10 linear feet, located near entrance C. Storage for vocal and instrumental accessories 1. Wall cabinets for music folders 2. Open shelving for instructional materials, 12" deep and 12" clear height; 40 linear feet D. Music chairs with folding tablet arms E. Music stands F. Director’s podium G. Recording device H. Conference/work table I. Legal size, 4-drawer filing cabinets - 2-3 J. Wide door with flush threshold for moving large instruments to and from the studio K. Microphone outlets for recording in the studio - 2 or 3 L. Stereo sound reproducing system with a minimum capacity of 40 watts - 20 watts per channel M. Electronic piano and bench N. Pupil wardrobes O. Availability of instructional technology equipment P. Instructor’s desk with lockable storage Q. Appropriate acoustic wall and floor covering and ceiling tile, which is mold and microbial resistant R. Adequate wiring for electronic keyboard lab and general music instruction

508.02 Practice Room - Optional

508.021 Size - 50 to 60 square feet each

508.022 Design Capacity - 2 to 4 students

508.023 Location A. Convenient access from other music rooms B. Access to instrumental storage without passing through studio C. Convenient access from building corridor D. Permit ease of supervision E. Practice rooms should be located by themselves in a group with a music library or storage room between them and the rehearsal hall. Adjacent walls must be avoided in practice rooms unless sound-absorbing treatments have been used that is effective at low, middle and high frequencies.

508.024 Activities - Vocal and Instrumental Practice

508.025 Equipment Space and Facilities A. Chairs and music stands - 2 or 3 B. Glazed partition of insulating glass for ease of supervision C. Acoustical treatment D. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

508.03 Instructor’s Office and Library May be separate rooms or combination.

508.031 Size - Approximately 250 square feet

508.032 Design Capacity - 2 instructors and 6 students

508.033 Location A. Direct or convenient access to other music rooms B. Permit ease of supervision of studio and auxiliary rooms

508.034 Equipment Space and Facilities A. Instructor’s desk and chair B. Legal size, 4-drawer filing cabinets - 3 or 4 C. Lockable storage for instructor’s personal belongings D. Instructional board and bulletin board - 6 to 8 linear feet each E. Conference table and chairs F. Storage for printed music, records, tapes and other instructional aids 1. Open shelving - 15 to 20 linear feet 2. Closed shelving - 30 to 40 linear feet G. Stereo sound reproducing equipment H. Music sorting rack

508.04 Lockable Instrument Storage

508.041 Size - Approximately 350 square feet

508.042 Provide storage shelving necessary to accommodate instruments of various sizes.

508.043 Year-round temperature between 68-75ºF and humidity less than or equal to 50% rH shall be maintained by a quiet air system.

508.05 Robe and Uniform Storage May be in portable wardrobes or separate rooms, ventilate as needed.

509 PHYSICAL EDUCATION FACILITIES

Factors influencing location include: Isolation from quiet areas of the building, direct access to the outside, and provision for closing off the area for after-school use.

509.01 Gymnasium (Physical Education Learning station)

509.011 Size Determination of size is dependent upon physical education spaces to be located - 5700 square feet minimum independent of the spectator seating area calculation. Floor area should be marked for various games.

509.012 Design Capacity - Maximum of 70 students at 77 square feet per student.

509.013 Location Convenient access from locker and shower rooms.

509.014 Activities Include soccer, volleyball, basketball, football, softball, folk and square dance, gymnastics, and other activities to meet the county curriculum. Recommend junior high basketball court (50 feet x 84 feet). Design to accommodate the student enrollment with a minimum of seating of 250. Approximately 10 square feet will be needed for each seat provided. The gymnasium should have a minimum of a 24 foot clear unobstructed room height.

509.015 Equipment Space and Facilities See Chapter 3, Section 302.05, and the following requirements A. Provisions for using the learning center as 2 or more teaching stations may require canvas-net partition, folding door partition or mechanical folding walls.

B. Electrical outlets, CD/Tape player, record player, auxiliary lighting, and cleaning equipment. Additional special outlets.

C. Small cases for display purposes - 2 or 3 D. Bulletin board - 12 to 16 linear feet E. Drinking fountains F. Comfortable, low-wall seating G. Wood gymnasium floor or equal. Wood flooring must be provided humidity monitoring through the building monitoring and control system.

509.02 Gymnasium Equipment Storage Rooms At least 2 in each station.

509.021 Size - Area adequate to store all equipment

509.022 Location Directly accessible to each teaching station when the station is divided.

509.023 Equipment Space and Facilities A. Open storage area for items such as standards, vaulting horses, and horizontal bars B. Enclosed storage cabinets for small items of physical education equipment C. Double doors and flush threshold

509.03 General Storage

509.031 Size Large enough to store all equipment

509.032 Location Direct or convenient access to learning station

509.04 Male and Female Locker/Dressing Rooms NOTE: Recommend treatment of walls in these areas with epoxied materials to enhance maintenance. Also similar floor materials.

509.041 Size Dependent upon manner in which gym clothing, street clothing, and towel distribution are handled and the number of students expected to use this facility, 600-700 square feet.

509.042 Location A. Direct or convenient access to learning station B. Direct access to outside physical education areas C. Direct access to building corridor D. Direct access to body-drying room E. Permit ease of supervision

509.043 Activities Dressing for physical education; storing street and gym clothes; informal talks with physical education instructors.

509.044 Equipment Space and Facilities A. Street clothes lockers dispersed among gym clothes lockers B. Space for additional lockers C. Benches adjacent to or between rows of lockers D. Small restroom or partitioned area with toilet, lavatory, and urinal E. Mirrors to accommodate large number of students, shelving under each mirror and one full-length mirror F. Bulletin board near entrance - 4 to 8 linear feet G. Instructional board - 6 linear feet H. Drinking fountain

509.05 Male and Female Shower Rooms

509.051 Size - Approximately 200 square feet

509.052 Location Access to locker/dressing room only through the body-drying room

509.053 Equipment Space and Facilities A. Group showers B. Master water volume and maximum temperature controls C. Individual water temperature and on-and-off controls D. Antibacterial soap dispensers E. Mechanical ventilation F. Easily cleanable construction G. Floor drains away from normal traffic H. Hose bibb for hot and cold water I. Walls of non-absorbent material NOTE: Individual dressing, drying, and showering booths must be provided in female shower area.

509.06 Male and Female Body-Drying Rooms

509.061 Size - Approximately 100 square feet

509.062 Location A. Direct access from locker/dressing and shower rooms; entries to require maximum travel distance through drying room B. Direct or convenient access from locker/dressing room

509.063 Equipment Space and Facilities A. Towel holders B. Floor drains away from center C. Ventilation D. Easily cleanable construction E. Hose bibb for hot and cold water

509.07 Towel Room - optional

509.071 Size - 50 to 60 square feet

509.072 Location A. Convenient to the locker/dressing and shower areas B. Permit ease of supervision from locker/dressing area and instructor’s office

509.073 Activities Temporary storage, distribution and collection of towels.

509.074 Equipment Space and Facilities A. Shelving to accommodate laundered towels B. Movable laundry carts to accommodate used towels C. Dutch door for issuing and receiving towels

509.08 Laundry Area - optional

509.081 Size - Approximately 100 square feet

509.082 Location Convenient to physical education and dressing rooms or areas

509.083 Activities Launder and dry gym clothing.

509.084 Equipment Space and Facilities A. Washing machine B. A dryer that is vented to the exterior C. Laundry tub D. Separate work surface for handling both clean and soiled clothing and equipment

509.09 Instructor’s Office - 1 For Each Instructor

509.091 Size - Approximately 100 square feet

509.092 Location A. Direct access to locker/dressing room B. Direct or convenient access to gymnasium and outdoor physical education areas C. Permit ease of supervision of locker/dressing rooms

509.093 Activities Instructor’s showering, toilet, and dressing.

509.094 Equipment Space and Facilities A. Restroom, lavatory, and shower B. Desk and chair C. Conference chairs D. 4-drawer filing cabinet E. Storage of personal belongings F. Book shelving - 10 to 15 linear feet G. First aid equipment

509.10 Training Area - Optional

509.101 Size - 200 square feet

509.102 Location Convenient to locker/dressing rooms.

509.103 Activities - Care of Body

509.104 Equipment Space and Facilities A. Whirlpool connections that are code appropriate B. Rub-down table C. Heat lamps D. Supply cabinet

509.11 Equipment Storage Room

509.111 Size - Approximately 200 square feet

509.112 Location Convenient to locker/dressing rooms.

509.113 Activities Uniform and equipment storage.

510 SCIENCE FACILITIES

Items to be considered in locating these facilities are: Ease of access to outdoor areas, ease of delivery of supplies and materials.

Return air from science labs/classrooms should not be recirculated into other areas of the building. Science labs/classrooms shall be designed in accordance with WV Fire Marshal’s requirements. They shall maintain a negative pressure to adjacent areas.

510.01 Integrated Science Classroom/Laboratory

510.011 Size Base preliminary determination of area on allotment of 50 square feet per student; minimum 1200 square feet, exclusive of separate storage room. A base preliminary determination of area on allotment of 45 square feet per student is recommended for a stand-alone laboratory. An additional space of 15 square feet is required for each computer station.

510.012 Design Capacity - 25 students

510.013 Location A. Direct access to project preparation room B. Direct or convenient access to storage and growing room. Growing room facilities may be included in instructional space laboratory.

C. Convenient access to other rooms in the science suite.

510.014 Activities Instruction and demonstrations; class-size and small group discussion; individual and small group experimentation; viewing projected materials; use of instructional technology inclusive of, but not limited to microscopes, probes, computers, data collection devices, graphing calculators, etc.; writing or drawing at tables and instructional boards; individual study and research; displaying student projects.

510.015 Equipment Space and Facilities See Chapter 3, Sections 302.01 and 302.02, and the following requirements.

A. Instructional board - 20 to 30 linear feet, chart and display rail above. Instructional boards with sliding panels are recommended.

1. Minimum of 40 inches clear height 2. Major portion on front wall B. Bulletin board - 10 to 12 linear feet, chart and display rail above C. Work counter - 40 to 50 linear feet minimum, and must have student work space to accompany it 1. Six acid-resistant sinks with hot and cold water 2. Impervious work surface 3. Gas and electricity 4. Storage under work counter 5. Movable aquariums and terrariums D. Closed shelving - 30 to 40 linear feet, 18 inches deep E. Open shelving - 15 to 20 linear feet F. Instructor’s demonstration table including sink, hot and cold water, gas, and electricity. Student workspace of 2½ linear feet per student may be provided as equivalent student workspace, which is not as restrictive as combination desk-chairs. Student desks are to be flat-topped and not tablet-armed.

G. Student tables and chairs – 2 H. Teacher’s desk and chair I. Facilities for darkening room for experiments and demonstrations J. Projection screen K. Portable fume hood L. Fire extinguisher and blanket M. Eyewash station(s)

N. First Aid Kit O. Goggle sterilization and storage cabinet P. Hand wash station Q. Emergency gas shut-off valves located in a readily accessible location

510.02 Integrated Science Storage Shared storage areas recommended in multiple laboratory situations. Storage area must be lockable.

510.021 Size - Approximately 200 square feet

510.022 Location A. Direct access from project preparation room B. Direct or convenient access from instructional space laboratory and growing room

510.023 Equipment Space and Facilities Maximum varied height and depth, adjustable shelving (150 linear feet minimum). Storage must be appropriate for laptops, data collection hardware, probes, GPS, GIS, and other technology equipment.

510.024 Chemical Storage Area A. Acid/Corrosive storage cabinet with proper venting to the exterior B. Flammable storage cabinet C. Adjustable shelving of varied heights and depths D. Ventilation system to maintain a negative pressure to adjacent areas

510.03 Project Preparation Room. May be planned as combination with storage area.

510.031 Size - Approximately 200 square feet

510.032 Design Capacity - Instructor and 6 students

510.033 Location Direct access from instructional space laboratory and from building corridor.

510.034 Equipment Space and Facilities A. Acid-resistant work surface with acid-resistant sink, hot and cold water, gas, and electricity B. One porcelain deep sink with hot and cold water C. File cabinet

510.05 Greenhouse (Optional)

510.051 Size - minimum of 22 feet x 48 feet

510.052 Location A. Convenient access to other program facilities.

B. Should be located to receive full sunlight during winter.

C. Aisles must be wide enough to accommodate handicapped students.

510.053 Equipment Space and Facilities A. Frost-proof hose bibs B. GFCI outlets as per NEC

510.06 Nature Trail (Optional)

510.061 Nature trail or natural area A. Indigenous flora B. Pavilion with table and benches C. Weather station D. Sun dial 511 LIBRARY/LEARNING RESOURCE OR MEDIA CENTER See Chapter 3, Section 305.

512 STUDENTS WITH EXCEPTIONALITIES - INSTRUCTIONAL AREAS

See Chapter 7. 513 COMPUTER LAB (Optional)

See Chapter 3, Section 302.03. 514 ELECTRONIC TECHNOLOGY LABORATORY - Optional Whenever feasible, the use of technology in education will be integrated within the individual classroom, but there is a need for a demonstration/lecture laboratory to house equipment that may be utilized by all teachers and students. This laboratory will employ present day and futuristic applications of educational technology by exploring the areas of: computer controlled capability with use of a data projector; distance learning and tele-conferences allowing interactive experiences; and authoring or production capabilities to develop programs and courseware for in-house applications. Ideally, the middle school instructional technology facility consists of one large room with a platform area for teacher demonstration/lecture and adjacent control room. This facility may also be used for large group instruction.

514.01 Electronic Technology Complex

514.011 Size - Approximately 2000 square feet

514.012 Design Capacity - 75 students

514.013 Location Near media center and isolated from noisy areas of building

514.014 Equipment Space and Facilities See Chapter 3, Section 302.01 and 302.02, and the following requirements.

A. Dustless marking boards, approximately 10 linear feet B. Bulletin board, approximately 10 linear feet C. Storage 1. Teachers’ storage for personal belongings 2. Closed and open shelving, approximately 50 linear feet of each 3. Tape rack and storage cabinet 4. Disc rack and storage cabinet D. Platform area, minimum 8 inches raised flooring for wiring E. Adequate conduit throughout room to distribution panel F. Adequate electrical outlets G. Teacher station/console with control panel and phone line H. Appropriate acoustical treatment depending on use of lab I. Wall mounted monitors J. Ceiling mounted data projector K. Microphones - 1 per student station L. Color correct lighting for video production and viewing M. Adjustable lighting levels N. Pull-down screen in platform area O. On/off air sign at doors P. Student seating - stationary tables and movable chairs Q. Appropriate floor covering and ceiling tile, which is mold and microbial resistant R. Broadcast-quality audio S. Satellite receiving equipment, microwave, and/or fiber optics WVBE

514.015 Control Room A. Size - approximately 150 square feet B. Down linking capability C. Up linking capability (when justified)

D. Broadcast capability

514.016 Activities Tele-computing concepts to access the Internet, data bases; interactive applications; usage of electronic music keyboards, microscopes, video cameras, etc.; tele-conference allowing live interactive classes. A video production engineer should be consulted when laboratories are designed for video production.

515 ADMINISTRATIVE AND SERVICE FACILITIES

See Chapter 3, Section 303.

516 FOOD SERVICE FACILITIES

517 ENGINEERING AND CUSTODIAL FACILITIES

See Chapter 3, Section 306.

518 STAGE

Locate for use in relation to the gymnasium or dining area for spectator seating. Must have convenient access to language arts and music instructional space and physical education locker/dressing rooms to permit use as stage dressing rooms.

A. Provide at least 800 square feet of permanent or portable stage area.

B. Two entrances to the stage, one direct from the building corridor. Entrances are to be double-door size.

C. Stage location should be one, which makes instructional spaces accessible for use as stage dressing rooms.

D. Proscenium opening should be approximately one-half the width of the body of the multipurpose room.

E. Stage curtains of fire resistant materials; portable or permanent acoustical paneling, cyclorama, and video projection screens should be part of the stage equipment.

F. Lighting facilities with controlled illumination.

G. 5 to 10 grounded duplex electrical receptacles should be provided in the stage area.

H. Storage for electronic and stage equipment.

I. Every stage equipped with rigging for movable theater-type scenery and every enclosed platform larger than 500 square feet in area shall have a system of automatic sprinklers in accordance with the state fire code.

Chapter 6 HIGH SCHOOL EDUCATION 9-12 600 HIGH SCHOOL EDUCATION 9-12 CENTERS The WVDE is committed to providing guidance and assistance to counties in their efforts to continuously improve all aspects of educational programming, including physical facilities. Critical planning must precede the construction of facilities, or the purchase of equipment and materials in order to ensure that all students have access to a comprehensive, high-quality learning system that empowers them to reach their full potential, promotes their development as productive and responsible citizens, and prepares them to meet workforce and economic demands.

Each high school shall provide challenging and rigorous courses in the programs of study in grades 9-12 that enable students to achieve high levels of competence for college- and career- readiness. High schools will incorporate the West Virginia College-and Career-Readiness Dispositions and Standards for Student Success for Grades K-12 per WVBE Policy 2520.19 across content areas and teacher-led advisory programs. Students will be provided opportunities to develop intellectual, social/emotional, physical and technological capacities needed for successful transitioning beyond graduation to ensure all students are college-and Career-ready. Students will be provided the opportunity to develop foundational knowledge and skills for their success in a global society.

In grades 9 and 10, students build foundational knowledge and skills; while in grades 11 and 12, students enter into a personalized aspect of their PEP, focusing carefully on selected coursework that leads to successful completion of their personal and academic goals. Each student’s coursework will be designed to lead directly to placement in entry-level, credit-bearing academic college courses, an industry-recognized certificate or license, or workforce training programs.

An educational facility should be large enough to take advantage of reasonable economies of operation, comfortably accommodate the inhabitants, and support the educational program. Other factors such as density of population, availability of sites, and transportation make it difficult to generalize about optimum size. Classroom furniture and equipment should be considered during the initial planning stage and should be selected on the basis of its contribution to, and compatibility with, the total educational program.

The following charts and descriptions of spaces are examples of the number, types, and square footage of classrooms and other spaces that must be considered for typical high schools (grades 9-12). The educational program of each new facility shall dictate the actual number and types of spaces provided. Counties are encouraged to design administrative and service facilities tailored to meet the needs of the educational program of the school in consultation with an architect or educational facility planner.

All modular and detached classroom structures must meet the requirement of this policy for the intended space.

Where design considerations permit, the facility will be constructed in a manner that encourages the use of natural light.

600.01 Size of Centers An educational facility should be large enough to take advantage of reasonable economies of operation, comfortably accommodate the inhabitants, and support the educational program. Other factors such as density of population, availability of sites, and transportation make it difficult to generalize about optimum size.

600.02 Selection of Furniture and Equipment

600.021 Classroom furniture and equipment should be considered during the initial planning stage and should be selected on the basis of its contribution to, and compatibility with, the total educational program.

600.022 Criteria for selection should include the following:

A. Appearance B. Maintenance C. Safety and Security D. Comfort E. Durability F. Building Codes G. Guarantees H. Flexibility I. Availability J. Cost

600.03 Allow 130 square feet per student, unless factors such as enrollment or architectural design permit otherwise as determined by the WVDE. Square footage of facilities funded by SBA will be established in accordance with SBA Guidelines and Procedures Handbook.

600.04 The size and type of facility will be determined by the number of students and the instructional program.

600.05 Centers shall be planned for a minimum of 800 students, 200 students per grade level.

601 PLANNING PROCESS

601.01 The high school programs and facilities should accommodate such programs that are the result of careful, complete, and creative planning. Careful planning of curriculum will be required to have equal access to comprehensive educational programs, which include career and technical as well as academic programs. Please refer to Chapter 8 for specific guidelines for career and technical programs. Refer to Chart V, 126CSR42 WVBE Policy 2510 when planning technical course offerings.

601.02 The planning process is essentially identical for all types of educational environments. It involves identifying the users, describing the learning activities and their desired outcomes, defining the relationship of one learning space to others, describing needed equipment and furnishings, and specifying special environmental considerations.

601.03 Educational specifications shall be prepared to include a careful computation of room, area, and building capacities required to offer programs of study as outlined in the Master Plan and WVBE Policies 2510 and series 2520. Consideration should be given to changing various learning spaces and activity areas. Additional educational specification requirements can be found in the SBA Guidelines and Procedures Handbook for new schools or schools with major additions funded by the SBA.

601.04 Departmentalization, specialization of instructional spaces, elective subjects, and scheduling are factors to be considered in determining the number of teaching stations. In determining the number of teacher stations, consideration must be given to the number of students with exceptionalities served in special education environments for specific subject areas.

NOTE: The following formula considers only the number of students; none of the above are considered.

A. The number of teaching stations needed may be determined by applying the following formula to each subject area. (When general-purpose instructional spaces are considered interchangeable for different subject areas, the calculation may be made for a group of subject areas.)

B. The basic formula Number of students Number of periods Number of enrolled in subject x per week in subject Teaching = ______________________________________________________ Stations Desired average x Number of periods Class size per week each teaching station can be used C. Example of tenth grade social studies:

Number of 200 students enrolled x 5 periods per week Teaching = ______________________________________________________ Stations 25 students per class x 30 periods of use of teaching station 1,000 student-periods of instruction = ______________________________________________________ 750 student-periods that can be provided in one teaching station = 1.4 D. The formula may also be adopted to determine the student capacity of a proposed school building.

601.05 The student capacity of a school building is affected by the educational program; it changes each time the program is modified.

602 ESSENTIAL INSTRUCTIONAL TECHNOLOGY FOR HIGH SCHOOL EDUCATION 9-12 CENTERS

See Chapter 3, section 302.

603 GENERAL PURPOSE (ACADEMIC) CLASSROOMS OR INSTRUCTIONAL AREAS

Rooms should be designed to serve specific needs of language arts, foreign language, mathematics, social studies, and certain other subject areas. They should also be designed to permit interchanged use, as program needs demand.

603.01 Size Base preliminary determination of area upon an allotment of 28 to 30 square feet per student. For example: 700 to 750 square feet of floor area should be planned for 25 students in an instructional space. The area of the standard high school classroom must be at least 840 square feet to accommodate the requirements of the college- and career-readiness activities; however, the designed space may be reduced specific to the educational specifications and the student population projections with the prior approval of the WVDE Office of School Facility and Transportation. \ To more accurately determine the area, trial room layouts should be made using scaled templates representing furniture and equipment and scaled floor and wall elevation drawings.

603.02 Design Capacity - 25 students

603.03 Location Isolation from noisy areas of the building A. Close proximity to the media center B. Location which will permit easy expansion

603.04 Activities Speaking; laboratory activities, presentations, distance learning, virtual learning, group discussion; collaborative project-based learning, interactive boards, desk and/or tables; displaying students’ work; storing instructional materials and supplies; demonstrations; and lab activities where stations with individual and collaborative assignments are to be done with manipulative materials and a wide range of technologies.

603.05 Equipment Space and Facilities See Chapter 4, Section 302.01, Section 302.02 and the following requirements.

A. Instructional boards, bulletin boards, and other display areas - as much as possible, a minimum of two-thirds available wall space 1. Instructional boards and bulletin boards should have map rails installed above 2. The bottom of the display area should be at the eye level of the student when seated B. Student wardrobe C. Storage 1. Lockable storage for teacher’s personal belongings 2. Storage for teaching aids and supplies a. Closed and open shelving b. 4 drawer filing space D. Teacher’s combination desk-table and chair E. Conference-type table and chairs F. Desks and chairs, or combination chair-desks G. Desirable equipment 1. Corridor and classroom display areas for students’ work 2. Rack for storage of periodicals pertaining to subject matter being taught H. Adequate provision for controlling the light level in instructional areas is essential. For efficient use of projection-type materials, the light in the classroom should be low enough to maintain good projection surfaces.

I. Duplex electrical receptacles should be installed on all walls of the instructional space for the use of instructional equipment. Sufficient branch electrical circuits should be in each room. Conduit or other provisions shall be installed to permit future use of instructional technology.

J. Where there are specialized facilities, such as language labs, study carrels, microteaching and television, provision should be made for additional electrical service.

K. A movable projection surface should be provided in each instructional area.

L. Acoustical treatment of walls, ceilings and floors in instructional areas, media centers and other such areas, when audio devices are used.

M. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 604 SMALL GROUP INSTRUCTIONAL AREAS/CLASSROOMS Specialized classrooms in the form of small or specially equipped instructional areas are provided in each facility. These areas are not intended to be permanent classrooms; rather, they are intended for flexible and fluid targeted instructional activities. Small group instructional areas should be designed for the provision of tiered, strategic, intensive or special education instruction to students in language arts, mathematics, science, social studies, and certain other subject areas. These classrooms may be used as instructional areas for the provision of gifted services.

604.01 Size Base preliminary determination of area upon an allotment of 30 square feet per student. For example: 450 square feet of floor area should be planned for 15 students in an instructional space. To more accurately determine the area, trial room layouts should be made using scaled templates representing furniture and equipment and scaled floor and wall elevation drawings.

604.02 Design Capacity - 15 students

604.03 Location A. Isolation from noisy areas of the building B. Close proximity to the media center C. Location which will permit easy expansion

604.04 Activities Speaking, laboratory activities, presentations; group discussion; listening to audio presentations, podcasts and broadcasts; doing assignments on instructional boards or interactive boards, or at desk and/or tables; displaying students’ work; storing instructional materials and supplies; demonstrations; and lab activities where stations with individual assignments are to be done with manipulative materials or instructional technology.

604.05 Equipment Space and Facilities See Chapter 3, Section 302.01 and Section 302.02 and Chapter 6, Section 603.05.

605 ART FACILITIES

Art facilities should accommodate the studio and classroom activities of a full art program. Basic to all activities would be space allotment, natural and artificial light, movable furniture or furnishings, display space, several kinds of storage space, deep sinks with clean-out traps and adequate electrical outlets.

605.01 Size Studio - approximately 1200 square feet, exclusive of storage.

605.02 Design Capacity Recommended class size for studio activities - 25 students. For maximum flexibility, the studio should accommodate up to 40 students on occasion.

605.03 Location A. Accessibility of freight elevator (if not first floor location) for heavy consumable materials such as clay and sculpture media.

B. Need for uncarpeted floor in studio areas. Floors should be of concrete, tile, linoleum or other material not easily damaged by paint or clay.

C. Good lighting, both natural and artificial. Natural light is important for many activities and essential for painting.

D. Space should contain, or be accessible to, facilities for the use of slides and video. Blackout curtains, projection facilities and chairs equipped with tablet arms.

E. Power tools and equipment may, subject to local policy, be borrowed from or shared with career and technical education area.

605.04 Activities Discussion, studio, lecture, combination. Basic - drawing, painting, sculpturing, ceramics, design, art, history and appreciation and crafts.

605.05 Equipment Space and Facilities See Chapter 3, Section 302.01 and Section 302.02, Chapter 6, Section 603.05 and the following requirements.

A. Sink and work counter units 1. Hot and cold water with mixing faucets 2. No less than 2 deep sinks of stainless steel with long drainboards 3. Large drains and clean-out traps 4. Long counter for mixing paints and other such activities 5. Storage for mixing pans, water jar, and brushes (under sink and counter)

B. Special storage for:

1. Drawing boards 2. Shelves for storage of flat work, a minimum of 28 inches x 40 inches 3. Prints (similar to above)

2. Audiovisual materials and special books 5. Tools used in construction 6. Unfinished work C. Display facilities for projects - glass covered in studio and hall D. Work benches, tilt-top tables, and easels, as selected by instructors - movable to permit flexible grouping, with accommodations for:

3. Teachers’ desk and storage area 2. Provision for hanging mobiles from ceiling 3. Kilns and potter’s wheels. Kiln room - 8 feet x 10 feet is desirable for kiln, clay, glazes, equipment and shelves for work in progress. Adequate electrical circuits, including 240 volts for kiln 4. Press for graphics E. Dark room for photography, with mechanical ventilation F. Doorway opening at least 42 inches wide G. Duplex outlets along wall spaces and above work counter - no less than 15 H. All electric and gas kilns hooded and mechanically ventilated when in use. All new kilns must be electric.

I. A ceramic kiln co-located with each general art classroom J. Provide general and/or local exhaust to remove fumes, odors, gases and other contaminants such as clay silica dust to maintain negative room pressure to adjacent areas and to protect the health of teachers and students K. Visual art facilities should comply with OSHA standards for storage. Clay silica supplies should be stored in an area separate from other supplies.

605.06 Storage Room Approximately 400 square feet is suggested for each full studio, to include shelves for paper, paints and supplies, and for unfinished work which cannot be stacked, such as wet paints, prints, and ceramics, with a special shelf in studio or storage room for unfinished constructions - at least 20 linear feet.

606 DRIVER EDUCATION FACILITIES

Designed to provide a comprehensive course in Driver Education and must include instructional space, laboratory, and storage areas.

606.01 Instructional Space

606.011 Size A minimum of 28 to 30 square feet per student. A room rectangular in shape is essential to adequately accommodate the projection of visual instructional materials and to station the students a minimum distance from the projection screen.

606.012 Design Capacity - 25 students

605.013 Location For convenience and efficiency, this facility should be located on the ground level so as to permit easy access to automobiles used for behind-the-wheel instruction.

606.014 Activities Lecture; group discussions; instructional board and interactive presentations; use of psycho-physical testing equipment; viewing slides, transparencies, and videos; studying charts, cut-aways, and models; and testing activities.

606.015 Equipment Space and Facilities See Chapter 3, Section 302.01 and Chapter 6, Section 603.05

606.02 Teacher Study and/or Office Room Teacher’s study and instructional space may be joined by a partition for security and accessibility with facilities for counseling students and lesson preparation, and storage space for personal belongings and records.

606.021 Size - 50 to 75 square feet

606.022 Location - Adjoining Instructional Space

606.023 Equipment Space and Facilities See Chapter 3, Section 302.04.

606.03 Storage Room Allow 20 to 25 linear feet of open shelving and 40 to 50 linear feet of closed shelving. Instructional equipment, teaching aids, and supplies must be secured to prevent loss and to assure accessibility when needed.

606.04 Laboratory or Simulator Room - Optional This room should be free of columns, which would obstruct the students’ vision of the screen.

606.041 Size Installation of 12 simulator units and the master console requires an absolute minimum area of 38 feet x 25 feet

606.042 Design Capacity - 12 students

606.043 Location Adjoining driver education instructional space and office storage room with direct access to other areas.

606.044 Equipment Space and Facilities See Chapter 3, Section 302.01, Section 302.02 and the following requirements.

A. Conduit for simulators and master control unit B. Provide means for darkening room 1. Black-out shades for windows, if any. Few or no windows are recommended.

2. Multi-staged lighting control 3. Two-way ceiling switch C. Electrical outlets along walls supplied with 120 volt, 60 cycle, 20 amp service D. Control sound as per ASA guidelines E. Instructor’s desk and chair F. Projection screen 12 feet x 16 feet for 16-place simulator system and 10 feet x 12 feet for 12-place system G. Storage area H. Appropriate floor covering and ceiling tile, which is mold and microbial resistant I. Room should not be painted white, which would result in excessive reflection of light. A pastel shade of paint is recommended.

606.05 Multi-Media (Programmed Instruction) Instructional Space - Optional This area could also be used for the regular instructional space.

606.051 Size Approximately 33 feet long and 28 feet wide

606.052 Design Capacity 30 students with special or adapted furniture and the instructor’s console. Equipment is available to accommodate larger groups. An increase in class size will require a comparable adjustment in room size.

606.053 Location Adjacent to driver education area

606.054 Equipment Space and Facilities See Chapter 3, Section 302.01 and the following requirements A. Conduit and master console B. Provide adequate means for darkening room C. A minimum of 12 feet distance between students and screen. The screen should not be viewed from more than a 30-degree angle.

D. Electrical current - 120 volt, 80 amp service with 4 - 20 amp breakers E. Screen - 6 feet x 12 feet F. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

606.06 Multiple-Car Driving Range - Optional Intelligent planning of a multiple-car facility will provide acres of well-drained area. The surfacing of this area with stone or asphalt requires careful consideration to assure stabilization without undue pavement deterioration due to climatic conditions, nature of the soil base, and drainage.

606.07 Planning the Multiple-Car Facility These plans must include cost considerations, site selection and development, facility design, equipment, and instructional plan. Consider use as parking for off-hour athletic or community use.

606.08 Planning Assistance May be obtained from the WVDE, Division of Research, Technology, and Professional Services, Driver Education Coordinator.

607 FOREIGN LANGUAGE FACILITIES

Factors influencing the type of foreign language facility to be chosen include the type of laboratory facility desired. Laboratory facilities can be an electronic classroom, a language laboratory into which students are scheduled from classes held in general purpose classrooms or general-purpose classrooms adapted for foreign language study.

607.01 General Purpose Classrooms Used for Foreign Language

607.011 Size - 28 to 30 square feet per student, exclusive of storage area

607.012 Design Capacity - 25 students

607.013 Location A. Isolation from noisy areas of the building B. Near the media center

607.014 Activities Speaking, laboratory drills; group work; reading; marking board work; using audiovisual materials; singing; working with tapes and records individually (in carrels); play acting; and dancing.

607.015 Equipment Space and Facilities See Chapter 3, Section 302.01 and Section 302.02, Chapter 6, Section 603.05 and the following requirements.

A. Conference-type tables and chairs that can be moved to facilitate conversation and collaborative learning B. Non-stationary students’ desks and chairs, or combination chair-desks C. Book shelving - minimum of 20 linear feet D. Provision for darkening room E. Movable cart for audiovisual equipment F. Recording device with jack box and headsets G. Carrels for individual work are desirable

607.02 Electronic Classroom

607.021 Size - 35 square feet per student, exclusive of storage space

607.022 Design Capacity - 25 students Allow five percent more stations; maximum class size

607.023 Location Near media center, isolated from noisy areas of building, and meets ASHRAE and ASA standards

607.024 Activities See Chapter 6, Section 607.014

607.025 Equipment Space and Facilities See Chapter 3, Section 302.01 and Section 302.02, Chapter 6, Section 603.05 and the following requirements.

A. Student seating 1. Stationary tables wired to reproduce sound from console and movable chairs 2. Overhead wiring on droppable units to reproduce sound from console and combination chair-desks (this type installation needs fewer square feet per student than the stationary tables).

B. Duplex electrical outlets on all feasible walls as per NEC C. Book shelving: minimum of 20 linear feet D. Provision for darkening room E. Microphones, one per station F. Headsets, one per station G. Jack and plug to place sound track from 16 mm projector into classroom sound system is desirable

607.03 Language Laboratory

607.031 Size - 35 square feet per student, exclusive of storage space

607.032 Design Capacity - 25 students Allow five percent more stations

607.033 Location In center of, or adjacent to, foreign language classrooms

607.034 Activities Language laboratory drill and recording

607.035 Equipment Space and Facilities See Chapter 3, Section 302.01 and Section 302.02; Chapter 6, Section 603.05, and the following requirements.

A. Headsets, one per station B. Microphones, one per station C. Provision for darkening rooms

607.04 Teacher Work Area

607.041 Size - Approximately 250 square feet

607.042 Design Capacity - Two Instructors and Several Students

607.043 Location Opening into language laboratory or classrooms

607.044 Activities Preparation of instructional materials, small group activities, reading, and grading.

607.045 Equipment Space and Facilities A. Desk and chair per teacher - 1 B. Legal size filing cabinet per teacher - 1 C. Lockable storage for instructor’s personal belongings D. Table or movable cart for audiovisual equipment E. Conference table and chairs F. Instructional board and bulletin board, minimum of 5 linear feet each G. Storage for instructional aids H. Soundproof area for recording tapes I. Telephone, desirable J. Projection surface K. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 608 LIBRARY/LEARNING RESOURCE OR MEDIA CENTER See Chapter 3, Section 305.

609 MUSIC FACILITIES

Factors influencing the location of this complex include: isolation from quiet areas of the building; ease of isolating the area for use during and after school hours; inclusion in the general arts areas with convenient access to the auditorium stage; and direct or convenient access to outdoors. It is strongly recommended that an acoustical analysis be completed during construction and/or renovation of music facilities. Location of facilities within the suite should provide ease of supervision of all areas. Acoustical treatment should provide proper sonic environment to prevent sound transmission to remainder of the building as per ASA guidelines. Cubic volume must be the first and foremost priority in the design of space for music facilities.

609.01 Music Studio NOTE: Choral and instrumental studios may be planned as combined facilities. Ceiling height must be planned for acoustical purposes, including the effect of built-in or portable risers on ceiling height. It is recommended that a choral rehearsal room have 350-500 cubic feet and that band/orchestra rehearsal rooms have 550-700 cubic feet. Assistance in design and planning may be obtained from the music specialist of the WVDE.

609.011 Size - 30 to 40 square feet per student, with ceiling height of 12 feet.

609.012 Design Capacity - 40 students for general music classrooms, larger areas must provided for band, orchestra, and choral instruction

609.013 Location A. Direct access to instrumental storage B. Direct or convenient access to other rooms in the music suite C. Isolated as much as possible from quiet areas of the building

609.014 Activities Conduct instrumental and choral music rehearsals; view projected materials; listen to recorded music; demonstrations of various types of instruments; write or draw on instructional board or interactive whiteboard; and display materials.

609.015 Equipment Space and Facilities See Chapter 3, Section 302.01 and the following requirements A. Instructional board - maximum of 30 linear feet, on front wall of which at least 8 linear feet is etched with staff lines B. Bulletin board - 8 to 10 linear feet, located near entrance C. Storage for vocal and instrument accessories 1. Wall cabinets for music folders 2. Open shelving for books, tapes, cartridges, and record albums; 12 inches deep and 14 inches clear height; 40 linear feet D. Music chairs with folding tablet arms E. Music stands with storage area F. Director’s podium G. Recording device H. Conference work table I. 3 or more legal size, 4 drawer filing cabinets J. Wide door with flush threshold for moving large instruments to and from the studio K. Eight microphone outlets for recording in the studio L. Stereo sound reproducing system with a minimum capacity of 40 watts - 20 watts per channel M. Electronic piano and bench N. Student wardrobe or lockers O. Instructor’s station P. Availability of instructional technology equipment Q. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

609.02 Practice Room - Optional

609.021 Size - 50 to 60 square feet each

609.022 Design Capacity - 2 to 4 students

609.023 Location A. Convenient access from other music rooms B. Access to instrumental storage without passing through studio C. Convenient access from building corridor D. Permit ease of supervision E. Practice rooms should be located by themselves in a group with a music library or storage room between them and the rehearsal hall. Adjacent walls must be avoided in practice rooms unless sound-absorbing treatments have been used that is effective at low, middle and high frequencies.

609.024 Activities Vocal and instrumental practice

609.025 Equipment Space and Facilities A. 2 or 3 chairs and music stands B. Glazed partition of insulating glass for ease of supervision C. Acoustical treatment to meet ASA guidelines D. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

609.03 Ensemble Instructional Space - Optional May be part of multi-use choral and instrumental studio

609.031 Size - Approximately 30 square feet per student

609.032 Design Capacity - 8 to 12 students

609.033 Location A. Convenient access from other music rooms B. Access to instrumental storage without passing through studio C. Convenient access from building to corridor D. Permit ease of supervision

609.034 Activities Choral and instrumental practice and small group instruction

609.035 Equipment Space and Facilities See Chapter 3, Section 302.01 and the following requirements A. Instructional board - 16 to 20 linear feet; bulletin board B. Glazed partition for ease of supervision C. Acoustical treatment to meet ASA guidelines D. Appropriate floor covering and ceiling tile, which is mold and microbial resistant E. Electronic piano and bench F. Music chairs with folding tablet arms G. Music stands with portable storage

609.04 Instructor’s Office and Library May be separate rooms or combination

609.041 Size - Areas as needed - approximately 250 square feet

609.042 Design Capacity - 2 Instructors and 6 students

609.043 Location A. Direct or convenient access to other music rooms B. Permit ease of supervision of studio and auxiliary rooms

609.044 Equipment Space and Facilities See Chapter 3, Section 302.04 and the following requirements A. Instructor’s desk and chair B. 4 drawer, legal size filing cabinets - 3 to 4 C. Lockable storage for instructor’s personal belongings D. Instructional board and bulletin board - 6 to 8 linear feet each E. Conference table and chairs F. Storage for printed music, records, tapes, and other instructional aids 1. Open shelving - 15 to 20 linear feet 2. Closed shelving - 30 to 40 linear feet G. Stereo sound reproducing equipment H. Music sorting rack I. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

609.05 Lockable Instrument Storage

609.051 Size - Area as needed - approximately 350 square feet

609.052 Storage Shelving Necessary to accommodate instruments of various sizes

609.053 Year-round temperature between 68-75ºF and humidity less than or equal to 60% rH shall be maintained.

609.06 Robe and Uniform Storage May be in portable wardrobes or separate rooms; ventilate as needed.

610 PHYSICAL EDUCATION FACILITIES

Factors influencing location include: Isolation from quiet areas of the building; direct access to the outside; and provision for closing off area for after school use.

NOTE: Although less desirable, these facilities may be combined with assembly facilities.

610.01 Gymnasium

610.011 Size Determination of size is dependent upon physical education spaces to be located - 6300 square feet minimum independent of the spectator seating area calculation. Floor area should be marked for various games.

610.012 Design Capacity - Maximum of 70 students at 77 square feet per student

610.013 Location Convenient access from locker and shower rooms

610.014 Activities Include soccer, volleyball, basketball, football, softball, folk and square dance, gymnastics and other activities to meet county curriculum. Recommend college-size basketball court (50 feet x 94 feet). Design to accommodate the student enrollment with a minimum of seating of 250. Approximately 10 square feet will be needed for each seat provided. The gymnasium should have a minimum of a 24 foot clear unobstructed room height.

610.015 Equipment Space and Facilities See Chapter 3, Section 302.05 and the following requirements A. Provisions for using the learning center as 2 or more teaching stations may require canvas-net partition, fold-door partition or mechanical folding walls.

B. Electrical outlets, CD player, auxiliary lighting and cleaning equipment; additional special outlets.

C. Small cases for display purposes - 2 or 3 D. Bulletin board - 12 to 16 linear feet E. Drinking fountains F. Electronic retractable seating to accommodate student body and staff

610.02 Equipment Storage Rooms At least 2 in each station

610.021 Size - Area for equipment storage - 150 square feet

610.022 Location When the station is divided into 2, have directly accessible to each teaching station.

610.023 Equipment Space and Facilities A. Open storage area for items such as standards, vaulting horses, and horizontal bars B. Enclosed storage cabinets for small items of physical education equipment C. Double doors and flush threshold

610.03 General Storage

610.031 Size - Large enough to store all equipment

610.032 Location Direct or convenient access to learning station

610.04 Male and Female Locker/Dressing rooms Physical education and varsity programs NOTE: Recommend treatment of walls in these areas with epoxied materials to enhance maintenance. Also, quarry tile or similar floor materials.

610.041 Size - Dependent upon manner in which such items as gym clothing, street clothing, and towel distribution are handled and the number of students expected to use this facility - 600 to 700 square feet.

610.042 Location A. Direct or convenient access to learning station B. Direct access to outside physical education areas C. Direct access to building corridor D. Direct access to body-drying room E. Permit ease of supervision

610.043 Activities Dressing for physical education; storing street and gym clothes; informal talks with physical education instructors.

610.044 Equipment Space and Facilities A. Street clothes lockers dispersed among gym clothes lockers B. Space for additional lockers C. Benches adjacent to or between rows of lockers D. Small restroom or partitioned area with toilet, lavatory and urinal E. Appropriate floor covering and ceiling tile, which is mold and microbial resistant F. Mirrors to accommodate large numbers of students, shelving under each mirror and one full-length mirror G. Bulletin board near entrance – 4 to 8 linear feet H. Instructional board – 6 linear feet I. Drinking fountain

610.05 Male and Female Shower Rooms

610.051 Size – Approximately 200 square feet

610.052 Location Access to locker/dressing room only through the body-drying room

610.053 Equipment Space and Facilities A. Group showers B. Master water volume and maximum temperature controls C. Individual water temperature and on-and-off controls D. Antibacterial soap dispensers E. Floors are of easily cleanable material F. Floor drains away from normal traffic G. Hose bibb for hot and cold water H. Walls of non-absorbent material NOTE: Individual dressing, drying and showering booths may be provided in female shower area.

610.06 Male and Female Body-Drying Rooms

610.061 Size - Approximately 100 square feet

610.062 Location A. Direct access from locker/dressing and shower rooms; entries to require maximum travel distance through drying room B. Direct or convenient access from varsity locker/dressing room

610.063 Equipment Space and Facilities A. Stub towel holders B. Floor drains away from center C. Floors are of easily cleanable material D. Hose bibb for hot and cold water

610.07 Towel Room - Optional

610.071 Size - 50 to 60 square feet

610.072 Location A. Convenient to the locker/dressing and shower areas B. Permit ease of supervision from locker/dressing area and instructor’s office

610.073 Activities Temporary storage, distribution, and collection of towels.

610.074 Equipment Space and Facilities A. Shelving to accommodate laundered towels B. Movable laundry carts to accommodate used towels C. Dutch door for issuing and receiving towels

610.08 Laundry Area - Optional

610.081 Size - 100 square feet

610.082 Location Convenient to physical education and dressing rooms or areas

610.083 Activities Launder and dry gym clothing

610.084 Equipment Space and Facilities A. Washing machine B. Dryer vented to the exterior C. Laundry tub D. Separate work surface for handling both clean and soiled clothing and equipment

610.09 Instructors’ Offices - One for each instructor

610.091 Size - Approximately 100 square feet

610.092 Location A. Direct access to locker/dressing room B. Direct or convenient access to gymnasium and outdoor physical education areas C. Permit ease of supervision of locker/dressing rooms

610.093 Activities Instructors’ showering, toilet and dressing

610.094 Equipment Space and Facilities See Chapter 3, Section 302.04 and the following requirements A. Restroom, lavatory and shower B. Desk and chair C. Conference chairs D. 4 drawer filing cabinet E. Lockable storage of personal belongings F. Book shelving – 10 to 15 linear feet G. First aid equipment H. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

610.10 Training Area

610.101 Size - Approximately 200 square feet

610.102 Location - Convenient to Locker/Dressing Room

610.103 Activities - Care of body

610.104 Equipment Space and Facilities A. Whirlpool connections that are code appropriate B. Rub-down table C. Heat lamps D. Supply cabinet E. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

610.11 Equipment Storage Room

610.111 Size - Approximately 150 square feet

610.112 Location - Convenient to Locker/Dressing Rooms

610.113 Activities - Uniform and equipment storage

601.12 Optional Spaces All of the following spaces shall have a heating, ventilating, and air conditioning (HVAC) system, which meet ASHRAE standards

610.121 Wrestling - 42 feet x 42 feet, or 1800 square feet

610.122 Weight Room - 1000 square feet

610.123 Multi-purpose Room - 1600 square feet

610.124 Auxiliary Gymnasium In schools of more than 1000 student population - 5400 square feet 611 SCIENCE FACILITIES Items to be considered in locating these facilities are: Ease of access to outdoor science areas, ease of delivery of supplies and materials. Facilities may be designed for instruction in single disciplines. Although optional, DC electricity, compressed air, and vacuum are desirable inclusions due to the expense of portable units over a series of years.

Return air from science labs/classrooms should not be recirculated into other areas of the building. Science labs/classrooms shall be designed in accordance with WV Fire Marshal’s requirements. They shall maintain a negative pressure to adjacent areas.

611.01 Combination Chemistry/Physics Lecture Laboratory

611.011 Size - Base preliminary determination of area on allotment of 60 square feet per student; approximately 1440 square feet, exclusive of separate storage. Base preliminary determination of area on allotment of 45 square feet per student is recommended for a laboratory only. An additional space of 15 square feet is required for each computer station.

611.012 Design Capacity - 24 students

611.013 Location A. Direct access to storage and project preparation room B. Convenient access to other science instructional space laboratories

611.014 Activities Instruction and demonstrations; class-size and small group discussion; individual and small group experimentation; viewing slides, videos, and other projected materials; use of TV, VCR, DVD, laser disc player, data projectors, and other video and audio equipment; use of computer and data collection devices; writing or drawing at tables and Instructional boards; individual study and research; displaying student projects.

611.015 Equipment Space and Facilities See Chapter 3, Section 302.01, Section 302.02, Chapter 6, Section 603.5 and the following requirements.

A. Ventilated (portable or fixed) fume hoods 1. Equip with gas, compressed air, AC and DC electricity, and water with vacuum breakers 2. Wide enough for 2 pupils 3. Easily visible from demonstration area if fixed piece of equipment 4. Fume hood exhaust fans shall be corrosion and spark resistant 5. Fume hood exhaust ductwork shall be constructed of a corrosion resistant material 6. Fume hood exhaust system shall be designed in accordance with NFPA 45 and ANSI/AIHA Z9.5 B. Instructor’s demonstration table, including sink, hot and cold water, gas, AC and DC electricity, compressed air, and vacuum C. Laboratory work space 2½ linear feet per student (may be provided as tables or work counter)

1. Equip with sink, water, gas AC and DC electricity flush plates, and support rods 2. Individual student storage units 3. Corrosive-resistant work surface and plumbing 4. Perimeter location is not recommended.

D. Open shelving with a lip that meets NFPA 101 for often used chemicals and other materials E. Fire extinguisher and blanket F. 2-student work tables and chairs G. Facilities must allow for darkening the room to conduct experiments and demonstrations H. Emergency showers and hand station I. Fire blanket J. Eye wash stations K. Goggle sterilization and storage cabinet L. First aid kit M. Provide main gas shut-off valves for all laboratory equipment, including adjacent preparation rooms N. Emergency exhaust fan vented to the exterior to maintain the space at a negative pressure to adjacent areas O. Appropriate floor covering and ceiling tile, which is mold and microbial resistant P. Ice machine

611.02 Chemistry Storage

611.021 Size - Approximately 100 square feet

611.022 Location A. Direct access from project preparation room B. Convenient access from instructional space laboratory

611.023 Equipment Space and Facilities A. 75 to 100 linear feet of adjustable shelving of varied heights and depth with safety lip as per state fire code.

B. An independent ventilation system to maintain a constant negative pressure to adjacent areas C. Window between storage area and instructional space D. Storage cabinet for explosive or flammable material and a properly exterior ventilated corrosion-resistant cabinet for concentrated acids E. Storage area shall meet the requirements of NFPA 45 and WV Fire Marshal’s office

611.03 Physics Storage Room

611.031 Size - Approximately 100 square feet

611.032 Location A. Direct access from project preparation room B. Convenient access from instructional space laboratory

611.033 Equipment Space and Facilities A. Adjustable shelving of varied heights and depths - 75 to 100 linear feet B. Maximum closed adjustable shelving

611.04 Project Preparation Room Optional as a separate room; however, preparation facilities must be provided outside the instructional space laboratory.

611.041 Size - Approximately 200 square feet; if combined with storage - 400 square feet

611.042 Design Capacity - Instructor and approximately 6 students

611.043 Location A. Direct access from instructional space laboratory and from building corridor B. Convenient access from other science facilities located in adjacent portions of the science suite C. Permit ease of supervision from instructional space laboratories

611.044 Activities Preparation for demonstrations; storage of projects; individual and small group project work

611.045 Equipment Space and Facilities A. Maximum work counter space with minimum of 2 sinks B. Storage units above and below work counter C. Water, gas, vacuum, compressed air, and AC and DC electricity at work counter D. File cabinet E. Room shall include an exhaust system that will be utilized during preparation activities

611.05 Universal Instruction/Laboratory Classroom (For Biology, Human Anatomy, Integrated Science, or Environmental/Earth Science)

611.051 Size - Base preliminary determination of area on allotment of 60 feet per student; approximately 1440 square feet, exclusive of separate storage room. Base preliminary determination of area on allotment of 45 square feet per student is recommended for a laboratory only. An additional space of 15 square feet is required for each computer station.

611.052 Design Capacity - 24 students

611.053 Location A. Direct access to project preparation room B. Direct or convenient access to storage and growing room. Growing room facilities may be included in instructional space laboratory.

C. Convenient access to other rooms in the science suite

611.054 Activities Instruction and demonstrations; class-size and small group discussion; individual and small group experimentation; viewing slides, videos and other projected materials; use of TV, VCR, DVD, laser disc player, data projector, and other video and audio equipment; use of computer and data collection devices; writing or drawing at tables and instructional boards; individual study and research; displaying student projects.

611.055 Equipment Space and Facilities See Chapter 3, Section 302.01; Chapter 6, Section 603.05; and the following requirements.

A. Work counter - 40 to 50 linear feet, minimum; and must have student work space to accompany it 1. 6 acid-resistant sinks with hot and cold water 2. Impervious work surface 3. Gas and electricity 4. Storage under work counter 5. Movable aquariums and terrarium B. Closed shelving - 30 to 40 linear feet, 18 inches deep C. Open shelving - 15 to 20 linear feet with a safety lip as per the state fire code D. Instructor’s demonstration table including sink, hot and cold water, gas, and electricity. 2½ linear feet per student may be provided as equivalent student workspace, which is not as restrictive as combination desk-chairs. Student desks are to be flat-topped, not tablet-armed.

E. 2-student tables and chairs F. Capability for darkening room completely G. Projection screen H. Fire extinguisher and blanket I. Ventilated (portable or fixed) fume hoods 1. Equip with gas, compressed air, AC and DC electricity, and water with vacuum breakers 2. Wide enough for 2 pupils 3. Easily visible from demonstration area if fixed piece of equipment 4. Fume hood exhaust fans shall be corrosion and spark resistant 5. Fume hood ductwork shall be constructed of a corrosion resistant material 6. Fume hood exhaust system shall be designed in accordance with NFPA 45 and ANSI/AIHA Z9.5 J. Eye wash station and emergency shower K. Goggle sterilization and storage cabinet L. First aid kit M. Hand wash station N. Provide main gas shut-off valves for all laboratory equipment O. Emergency exhaust fan vented to the exterior to maintain the space at a negative pressure to adjacent areas

611.06 Universal Laboratory Storage

611.061 Size - Approximately 200 square feet

611.062 Location A. Direct access from project preparation room B. Direct or convenient access from instructional space laboratory and growing room

611.063 Equipment Space and Facilities A. Maximum varied height and depth adjustable shelving - approximately 100 linear feet with a safety lip as per the state fire code.

B. A ventilation system to maintain a negative pressure to adjacent areas

611.07 Project Preparation Room May be planned as combination with storage area.

611.071 Size - Approximately 200 square feet

611.072 Design Capacity - Instructor and approximately 6 students

611.073 Location Direct access from instructional-space laboratory and from building corridor.

611.074 Equipment Space and Facilities A. Acid-resistant work surface with acid-resistant sink, hot and cold water, gas, and electricity B. File cabinet C. Room shall include an exhaust system that will be utilized during preparation activities

611.08 Greenhouse (May be shared with career and technical education program) (Optional)

611.081 Size - minimum of 22 feet x 48 feet

611.082 Location A. Convenient access to other program facilities.

B. Should be located to receive full sunlight during winter.

C. Aisles must be wide enough to accommodate handicapped students.

611.083 Equipment Space and Facilities A. Frost-proof hose bibs B. GFCI outlets as per NEC

611.09 Nature Trail (Optional)

611.091 Nature trail or natural area A. Indigenous flora B. Pavilion with table and benches C. Weather station D. Sun dial 612 CAREER AND TECHNICAL EDUCATION FACILITIES See Chapter 8.

613 STUDENTS WITH EXCEPTIONALITIES - INSTRUCTIONAL AREAS

See Chapter 7.

614 COMPUTER LAB

See Chapter 3, Section 302.01 WVBE 615 AUDITORIUM Factors influencing the location of the auditorium include: Ground level position isolated from other areas of the building, convenient access to music and language arts instructional space and physical education locker/dressing rooms to permit use as stage-dressing rooms and to service drive for the delivery of bulky properties; location which allows community groups to use the facility during school hours without interfering with school activities; and a location which permits planned multiple use of lobby area. Location shall be convenient to public parking facilities. Consider accessibility of pupil restrooms for public use and instructional space for coat-check areas during after-school hours.

615.01 Body of Auditorium 615 .011 Size Dependent upon ultimate seating capacity desired and singular or multiple use of the facility. Approximately 9-10 square feet will be needed for each seat provided. 615 .012 Design Capacity Design to accommodate at least 1/3 of student enrollment with a minimum seating of 250

615.013 Activities Production and performance of various student plays, concerts, and variety shows; performances before student audiences by visiting groups or individuals contributing to the educational program of the school; multiple use of the area for instructional purposes, such as large and small group instruction, and distance learning. 615 .014 Equipment Space and Facilities See Chapter 3, Section 302.05 and the following requirements.

A. Space in front and below auditorium stage for orchestra, band, and other activities B. Acoustical quality so that weak voices of some platform participants may be heard throughout the auditorium with use of sound support system C. Facilities whereby programs originating in the auditorium may be broadcast throughout the school D. Convenience lights arranged and located for partial illumination during performances E. Light control by multi-way switches convenient to entrances, near stairs to the stage, and projection booth F. Convenience and pilot light circuits should be tied into main light panel for control during productions G. Duplex electrical outlets, appropriate in number, should be provided 1. Along front of stage apron 2. At rear of the body of the auditorium 3. About 1/3 the distance from the stage to the rear of the auditorium for use with various audiovisual projectors H. Projection niche (optional) at the rear of the room for use of technology projection I. Speakers for use with projector located in the rear of the seating area J. See Chapter 5 for equipment necessary for distance learning K. Appropriate floor covering and ceiling tile, which is mold and microbial resistant L. Consideration should be given to future service and maintenance in designing lighting placement. 615 .02 Lobby or Student Commons 615 .021 Size Area as needed to handle anticipated capacity. 615 .022 Location To serve as common lobby for auditorium and gymnasium if facilities are provided in the same unit, or may be used as common lobby with other public service areas. 615 .023 Activities This facility may also serve as a student gathering area. 615 .03 Stage 615 .031 Size - 1400 to 1600 square feet

615.032 Location A. Provide ample wing space on each side of the stage B. Access to the stage and building corridor without entering lobby or body of the auditorium 615 .033 Equipment Space and Facilities See Chapter 3, Section 302.04 and the following requirements.

A. Apron in front of the main curtain, approximately 8 feet wide, with direct access to the body of the auditorium at each end B. Wide double doors with flush threshold opening onto the stage to permit passage of bulky scenery and equipment C. The appropriate floor to meet the needs of the performing arts curriculum, including dance. A portable floor is strongly recommended for dance programs to protect the health of teachers and students D. Electrical circuits 1. Circuits for adjustable spotlights mounted on at least 2 battens 2. Flush floor pockets or equivalent mounted in floor behind cyclorama with at least one outlet directly behind proscenium arch on each side 3. Duplex electrical outlets mounted near floor on walls of stage 4. Stage work lights (overhead and foot) controlled by multi-way switches at stage entrances E. Provide panel for controlling stage and house lights, including beam and spotlights; mount in the ceiling of the auditorium F. Light control panel should be designed to avoid overloading of circuits, resulting in dimmer damage, and should be flexible and expandable G. Means for mounting 10 to 12 foot roll-up motion picture screen 615 .04 Stage-Crafts-Workshops-Storage 615 .041 Size - Approximately 750-1000 square feet 615 .042 Location Direct access to the stage, arranged to prevent noise interference on the stage. 615 .043 Activities Prepare, alter, and store materials, such as stage flats and properties; store general-purpose equipment used for auditorium programs. 615 .044 Equipment Space and Facilities A. Double doors with flush threshold B. Work counter approximately 30 inches deep, with storage: Ten linear feet C. Tool cabinet D. Sink with hot and cold water E. Movable storage cabinets for stage properties F. Electrical outlets on available wall space, including area over work bench G. Bulletin board - 6 linear feet H. Storage for flats of various widths, appropriate for height of the proscenium arch I. Locked storage for grand piano, costumes, stage properties and lighting and projection equipment J. Rooms shall include an exhaust system that will be utilized during preparation activities 616 FOOD SERVICE FACILITIES 617 ADMINISTRATIVE AND SERVICE FACILITIES See Chapter 3, Section 303.

618 ENGINEERING AND CUSTODIAL FACILITIES

See Chapter 3, Section 306.

Chapter 7 STUDENTS WITH EXCEPTIONALITIES EDUCATION 700 STUDENTS WITH EXCEPTIONALITIES- INSTRUCTIONAL AREAS 701 PLANNING PROCESS

701.01 General Most students with exceptionalities are served in general education classrooms. However, classrooms must be designed for students with exceptionalities receiving instruction from special education teacher(s) for core content classes and for students who receive instruction in the extended standards, modified curriculum and life skills for the majority of the school day. The classrooms for students with exceptionalities shall be comparable to the classrooms for non exceptional students and meet the same requirements (including those for technology) as general classrooms unless there are additional considerations that must be met. All modular or detached classroom structures must meet the requirement of this policy for the intended use of the space. To determine the number of Level 1 and Level II/III rooms that must be included in the construction of new schools, refer to State Board Policy 2419 for the identification of students to be served and survey the current and projected student enrollment to adequately meet those service needs.

701.02 Location All classrooms for students with exceptionalities shall be 1) located within the main facility, 2) located in close proximity to classrooms for age-appropriate non-exceptional peers and 3) easily accessible to cafeteria, library, and other central activities.

701.021 Additional Location Considerations A. Separate classrooms for students with deafness and hearing loss should not be located in close proximity to high noise level areas such as gymnasiums, music rooms, noisy streets, railroad tracks, etc.

B. Separate classrooms for students with emotional/behavioral challenges or for students with attention deficits or sensory integration difficulties should be in an area with a minimum amount of outside distraction such as traffic or hallway noise, within close proximity to restroom facilities and with a means for direct and immediate communication with administrative offices or support.

701.03 Accessibility Facilities shall be designed to be accessible to students with exceptionalities and to assist students to function safely with as much mobility as possible.

701.04 Design/Equipment Facilities serving students with exceptionalities are designed, furnished, equipped, and maintained to facilitate the program requirements set forth in the individualized education program.

701.05 Considerations The majority of students with exceptionalities will be served in general education environments. The general education classroom must be designed with the supports needed for exceptional students in mind. For students with sensory impairments (vision and hearing) adaptations to the general and special education classroom environments should include:

701.051 Acoustic considerations for rooms serving students with deafness or hearing loss- Sound levels are to meet ASA guidelines for the hearing challenged. Wall, ceiling, HVAC, and floor construction are to be evaluated in order to meet these guidelines A. Installation of appropriate floor covering and ceiling tile, which is mold and microbial resistant B. Acoustical panels and tile as required C. Drapes D. Visual safety signals for areas in the school accessible by students.

701.052 Illumination considerations for rooms serving students with blindness or low vision - the room should be free from glare and direct sunlight. Artificial illumination fixtures should be wired for multi-staged control.

702 CLASSROOMS FOR STUDENTS WITH LEVEL I SERVICE NEEDS

702.01 Size – 480 square feet

702.02 Design Capacity

701.021 K-5 – 6 students

701.022 6-12 – 12 students

702.03 Activities Speaking; laboratory activities, presentations, distance learning, virtual learning, group discussion; collaborative project-based learning, interactive boards, desk and/or tables; displaying students’ work; storing instructional materials and supplies; demonstrations; and lab activities where stations with individual and collaborative assignments are to be done with manipulative materials and a wide range of technologies.

702.04 Equipment Space and Facilities Refer to equipment space and facilities found in General Purpose (Academic) classrooms or instructional areas for each programmatic level.

702.041 Instructional Station should be comparable to that provided for general education classrooms, including instruction technology capabilities, telephone and equipment (see Chapter 3, Sections 302.01 and 302.02).

702.042 Classroom furniture that allows for individual and small group instruction and project based learning.

702.043 Specialized equipment as required by the student’s IEP.

703 CLASSROOMS FOR STUDENTS WITH LEVEL II OR III SERVICE NEEDS

703.01 Size – 800 – 1000 square feet

703.02 Design Capacity

703.021 Level II K-12 – 12 students (adult/student ratio = 1:6)

703.022 Level III K-12 – 8 students (adult/student ratio = 1:4)

703.03 Activities Individual and small group instruction on extended standards, activities of daily living, functional/life skills training, use of assistive technology, provision of integrated therapies, group discussion; collaborative project-based learning, interactive boards, desk and/or tables; displaying students’ work; storing instructional materials and supplies; demonstrations; and lab activities where stations with individual and collaborative assignments are to be done with manipulative materials and a wide range of technologies.

704.03 Equipment Space and Facilities Refer to equipment space and facilities found in General Purpose (Academic) classrooms or instructional areas for each programmatic level.

704.031 Instructional Station should be comparable to that provided for all general education classrooms, including instruction technology capabilities, telephone and equipment.

704.032 Classroom furniture that allows for individual and small group instruction and project based learning.

704.033 Specialized equipment as required by the student’s IEP.

704.034 Design and space should allow for the accommodation of required assistive technology and integrated therapies.

704.035 Instructional areas/equipment conducive to teaching functional skills (e.g., kitchen facilities, laundry facilities, and restroom facilities with shower).

704.036 Design should allow for a private area for attending to student’s personal needs.

704 GIFTED EDUCATION SERVICES

Gifted education services should be provided in small group instruction areas/classrooms that can accommodate up to 15 students (see sections 411, 504, or 604).

705 CLASSROOM FOR STUDENTS WITH DEVELOPMENTAL DELAYS

705.01 Size - 720 to 1000 square feet

705.02 Design Capacity – not to exceed 20 students

705.03 Location See Chapter 7, Section 701.01

705.04 Activities Individual and small group instruction based on the Early Learning Standards as described in State Board Policy 2525, including learning activities to address positive social-emotional skills, early language/communication and early literacy skills; and the use of appropriate behaviors to meet students’ needs. These activities may include collaborative project-based learning, physical education, conversation, discussion, listening activities and creative activities with various media. The room should accommodate displaying students’ work; storing instructional materials and supplies; demonstrations; and activities where stations with individual and collaborative assignments are to be done with manipulative materials and a wide range of technologies.

705.05 Equipment Space and Facilities See Chapter 3, Section 302 and the following requirements.

A. Teacher desk and chair B. Tables with chairs for pupil seating; carpet squares or low cushions for additional seating per child C. Storage 1. Cart for audiovisual material 2. Storage cabinets 3. 4-drawer file with lock 4. 20 linear feet of shelving adjacent to instructional area D. Restroom facilities (including changing table and cots)

E. Doorways shall meet ADA requirements F. Ramps and handrails, if needed G. Non-skid floor surfaces, which are mold and microbial resistant H. Electrical receptacles with protective covers on all walls I. Sink with hot and cold water J. Instructional board - 30 linear feet K. Bulletin board - as much as possible; minimum 20 linear feet L. Facilities for darkening room M. Appropriate ceiling tile, which is mold and microbial resistant N. Active and Passive instructional technology equipment O. Provision of appropriate sleeping equipment that does not allow children to sleep on the floor or in a sleeping bag or on linens alone.

P. Provision of a designed area where a child can sit quietly or lie down to rest.

706 PROFESSIONAL SUPPORT STAFF

Special education and related services may be provided by itinerant or school-based professional support staff, such as school psychologists, counselors, audiologists, occupational and physical therapists, speech/language pathologists and other related service specialists. Adequate space must be made available for itinerant services provided by professional support staff on a part-time basis. Professional support staff providing services on a full-time basis require an individual full-time room assignment.

706.01 Size 250 to 350 square feet

706.02 Design Capacity - Maximum of 10 people

706.03 Location These facilities shall be located within the main school facility and easily accessible to all students with disabilities.

706.04 Activities Individual and group guidance; counseling and conferences with pupils, parents and teachers; individual evaluations; individual and group instruction: individual therapy sessions.

706.05 Equipment Space and Facilities See Chapter 3, Section 302 and the following requirements.

A. Desk and chair B. Conference chairs C. Shelving - 10 to 15 linear feet D. Bulletin board - 4 to 6 linear feet E. Instructional board - 4 to 6 linear feet F. Lockable storage for personal belongings G. 4-drawer file cabinet with lock for each professional assigned full-time to facility H. Additional file space for other professionals providing itinerant services I. Professional support staff facilities, including equipment, must be modified in order to accommodate student needs as specified in the individualized education program J. Appropriate floor covering and ceiling tile, which is mold and microbial resistant

Chapter 8 CAREER AND TECHNICAL EDUCATION 800 CAREER AND TECHNICAL EDUCATION FACILITIES The WVDE has the responsibility to provide guidance and assistance to counties in their efforts to continuously improve all aspects of educational programming, including physical facilities at Career Technical Education Facilities. The WVDE endeavors to fulfill its leadership responsibilities and assist in establishing a thorough and efficient system of education for all the students of West Virginia. This handbook has been prepared to assist public school officials in planning and constructing new career technical education facilities, additions and major renovations. This will enable West Virginia’s 55 county school systems to provide equal educational opportunities for all students.

Critical planning must precede the construction of facilities, or the purchase of equipment and materials. Key stakeholder groups/participants should be involved in the planning of a CTE program including representatives from the identified industry sector, feeder schools and programs, institutions of post-secondary education, and curricular disciplines. Planning should reference data pertaining to local and regional labor markets and should be conducted in coordination with similar programs at institutions of higher learning such as community colleges or technical institutes.

The following chart and description of spaces are examples of the number, types, and square footage of administrative and service facilities that must be considered for typical career and technical education schools. The educational program of each new facility shall dictate the actual number and types of spaces provided. Counties are encouraged to design administrative and service facilities tailored to meet the needs of the educational program of the school in consultation with an architect or educational facility planner.

All modular or detached classroom structures must meet the requirement of this policy for the intended space.

Where design considerations permit, the facility will be constructed in a manner that encourages the use of natural light.

801 AGRICULTURAL EDUCATION FACILITIES

Factors influencing the location of facilities include: Isolation from quiet areas of the building; location which provides easy delivery of instructional supplies, materials, and equipment including farm machinery; location which permits isolation from remainder of the building for after-school use.

801.01 Classroom Space

801.011 Size Base preliminary determination of area upon allotment of 30 to 40 square feet per student (minimum of 750 square feet), exclusive of storage space. Preferred classroom size is 950 – 1200 square feet. If classroom space is based on the minimum of 30 square feet per student (750 square feet total), an additional 200 square feet should be provided for a demonstration and work area - wet sink, etc.

801.012 Design Capacity 25 students

801.013 Location A. Convenient or direct access to lab facilities and office B. Ground floor, convenient to a building entrance

801.014 Activities – Refer to 603.04 Instructional boards; displaying students’ work; storing instructional materials and supplies.

801.015 Equipment Space and Facilities -- Refer to Section 603.05 A. Refer to the “Agricultural Education Program Guide” for list of equipment

801.02 Agricultural Mechanics Laboratory

801.021 Size Minimum of 2400 square feet. Base preliminary determination of area on allotment of 120 to 150 square feet per student, exclusive of storage and tool room space.

801.022 Design Capacity - 20 students

801.023 Location A. Convenient access to classroom space and instructor’s office B. Direct access to service drive

801.024 Activities Construct and repair agricultural equipment and machinery; weld; finish and paint equipment; operate power machinery or equipment; store tools, materials, and partially-completed projects.

801.025 Equipment Space and Facilities Varies with program concentrations offered.

A. State of the art instructional technology – refer to Section 302 B. Instructional board and bulletin board - 6 linear feet each C. Windows should be at least 42 inches above the floor to permit installation of equipment along wall and electrical outlets above work benches D. Floor or ceiling electrical grid system for 110 and 220 volt power to various machines with master control switches E. Overhead door from service drive, minimum 14 feet wide and 10 feet high F. Storage for hand tools, may be provided in separate room or in cabinets and racks within the lab G. Fire extinguishers, per State Fire Code H. Work benches, wooden, minimum of 30 linear feet I. Work benches, metal, minimum of 40 linear feet J. Floor drain near machinery repair area K. Half-circle wash fountain installed in shop L. Emergency eye wash and shower station M. Refer to the “Agricultural Education Program Guide” for list of equipment

801.03 Agricultural Mechanics Storage Area

801.031 Size - minimum of 600 square feet

801.032 Location A. Adjacent to the laboratory area and machinery storage area B. Area should be protected from the weather, but not necessarily heated

801.033 Activities Storage of instructional materials and consumables

801.034 Facilities A. Storage rack for metal B. Storage rack for lumber

801.04 Machinery and Material Storage Area

801.041 Size - minimum of 600 square feet

801.042 Location Adjacent to the lab with direct access through the overhead lab door

801.043 Equipment Space and Facilities A. Macadam base sloped for drainage B. Surrounded by chain link fence at least 7 feet high C. Double gate entrance, minimum of 14 feet wide

801.05 Greenhouse

801.051 Size - minimum of 22 feet x 48 feet

801.052 Location A. Convenient access to other program facilities B. Should be located to receive full sunlight during winter C. Aisles must be wide enough to accommodate handicapped students.

801.053 Equipment Space and Facilities A. Frost-proof hose bibs B. GFCI outlets as per NEC

801.06 Instructor’s Office and Storage Area

801.061 Size - minimum of 100-150 square feet

801.062 Location Convenient or direct access to lab and classroom area

801.063 Equipment Space and Facilities A. Teacher’s desk and chair B. 1 or 2 conference chair C. Storage 1. Letter size, 4-drawer file cabinet 2. Legal size, 4-drawer file cabinets, minimum of 2 3. Adjustable shelving of various heights and depths D. Duplex electrical outlets as per NEC E. Network Computer Drops (See Chapter 11, Section 1113 and OTIS Handbook for specifications)

F. Computer Workstations (See OTIS Handbook for specifications)

802 MARKETING EDUCATION FACILITIES

802.01 Instructional Space

802.011 Size The size of the facility is driven by the curriculum. The Marketing Education curriculum calls for small group work areas, project areas, and regular classroom instruction space. The suggested average space is 40 - 45 square feet per student (1000 - 1125 square feet).

802.012 Design Capacity - 25 students

802.013 Location The most desirable location for a facility will be found along a main corridor in a central location receiving maximum student exposure. A first floor location, in a two-story building, makes the department easily accessible to disabled students, adult and community education classes and for service technicians. Marketing Education classrooms should be clustered with Business Education classrooms to unify the programs and allow for easy communications, sharing equipment and exchanging classrooms

802.014 Activities – Refer to 603.04 Learning activities will include role playing; realistic job situations; demonstrating job related skills; observing and evaluating videos; job activities and processes; independent study in an area; panel and electronic presentations and discussions; and conferences.

802.015 Equipment Space and Facilities –Refer to 603.05 State of the art instructional technology – Refer to Section 302 A. Teacher desk and chair B. Trapezoid shaped tables with chairs C. Exterior display window D. DVD player / recorder E. Calculators, 1 per student, per class F. Mannequins - 1 or 2

802.02 Office

802.021 Size Because of the Marketing Education teachers’ daily contact with the business community, an office connected to the classroom is necessary. This office should be 100-150 square feet and should accommodate 1 - 2 teachers. A clear window or partition should separate the office from the classroom.

802.022 Location Direct or convenient access to instructional space

802.023 Equipment Space and Facilities A. Teacher’s desk and chair B. Telephone with answering machine or voice mail C. Conference chairs - 1 or 2 D. Computer with color printer E. Letter size 4 drawer file cabinets - 2 F. 20 to 30 linear feet of shelving, open or closed G. Plain paper copier H. Paper shredder

802.03 Storage

802.031 Size A storage closet of at least 100 square feet should be attached to the classroom. Some shelving should be built in.

802.032 Location Direct or convenient access to instructional space or school store

802.033 Equipment Space and Facilities Adjustable shelving throughout

802.04 School Store

802.041 Size If a retail lab is part of the Marketing Education program, spaces from 150 square feet to 1500 square feet can be utilized, depending on the type of store and planned operation. Contact the State Coordinator for Marketing Education for assistance in planning a school store.

802.042 Location The most successful location would be on a high traffic corridor, attached to the Marketing Education Classroom and office.

802.043 Equipment Space and Facilities Contact the State Coordinator for Marketing Education for specs.

A. Display Case B. Cabinet, Storage for Display and Stock with Lock C. Mirror D. Shelving Units, Modular E. Wall Display Unit with Accessories (pegboard, grid, etc.)

F. Surge Protector G. Wrap Counter H. Register Stand I. Apparel Displays J. Point-of-Purchase Display Rack K. Security System (Cameras, Monitor with or without DVD hook-up, with appropriate cables)

L. Visual Merchandising Props (i.e. risers)

M. Price Marking Gun N. Price Tag Attacher O. Floor Sign Holders P. Tabletop Sign Holders Q. Wall System for Merchandising (i.e. slat-wall, grid-wall)

R. Accessories for Wall System (brackets)

S. Point-of-Sale Register System (including bar-code scanner)

T. Security Mirror

802.044 Activities Stock and operate a retail enterprise, selling items identified as appropriate by school survey and the administration, teacher and advisory committee.

803 DIVERSIFIED COOPERATIVE TRAINING FACILITIES

803.01 Instructional Space

803.011 Size The size of the facility is driven by the curriculum. The Diversified Cooperative Education curriculum calls for small group work areas, project areas, and regular classroom instruction space. The suggested average space is 40-45 square feet per student (1000-1125 square feet).

803.012 Design Capacity - 25 students

803.013 Location The most desirable location for a facility will be found along a main corridor in a central location receiving maximum student exposure. A first floor location, in a two-story building, makes the department easily accessible to disabled students, adult and community education classes and for service technicians.

803.014 Activities – Refer to Section 603.04

803.015 Equipment Space and Facilities – Refer to Section 603.05 A. State of the art instructional technology – Refer to Section 302 B. Trapezoid shaped tables with chairs C. Exterior display window D. Mannequins – 1or 2 E. Television/monitor combination with remote F. Video digital camera and camcorder

803.02 Office

803.021 Size Because of the Diversified Cooperative Training teachers’ daily contact with the business community, an office connected to the classroom is necessary. This office should be 100-150 square feet and should accommodate 1 - 2 teachers. A clear window or partition should separate the office from the classroom.

803.022 Location Direct or convenient access to instructional space

803.023 Equipment Space and Facilities A. Technology – refer to Section 302.03 B. Teacher’s desk and chair C. Telephone with Answering Machine or Voice Mail D. Conference chairs - 1 or 2 E. Letter size 4 drawer file cabinets - 2 F. 20 to 30 linear feet of shelving, open or closed

803.03 Storage

803.031 Size A storage closet of at least 100 square feet should be attached to the classroom. Some shelving should be built in.

803.032 Location Direct or convenient access to instructional space or school store

803.033 Equipment Space and Facilities Adjustable shelving throughout 804 HEALTH OCCUPATIONS SCIENCE TECHNOLOGY FACILITIES One factor influencing the location of the facilities would be whether the location permits parking and easy access for bus and auto transportation to clinical facilities.

804.01 Instructional Space

804.011 Size – Refer to Section 603.01 .

NOTE: If classroom/laboratory area is combined, need 75 to 100 square feet per student.

804.012 Design Capacity – 20 students/classroom

804.013 Location Convenient to laboratory and office.

804.014 Activities – Refer to Section 603.04.

804.015 Equipment Space and Facilities – Refer to Section 603.05 A. State of the art instructional technology – Refer to Section 302 B. Equipped simulation/patient care units with provision for privacy. If the instructional space/laboratory area is combined, a demonstration unit is included in this area.

C. Sink with hot and cold water D. Refer to the “Health Occupations Program Guide” for list of equipment for specific programs

804.02 Health Science Technology Education Laboratory

804.021 Size Base preliminary determination of area on allotment of 75 to 100 square feet per student in the following occupational areas.

A. Dental Assistant B. Practical Nursing C. Health Assistant D. Nursing Assistant E. Medical Aide/Assistant F. Medical Lab Assistant G. Dental Lab Assistant H. Respiratory Therapy Technician I. Pharmacy Technician J. Medical Transcriptionists K. Surgical Technician NOTE: The assistance of specialists in health careers and health occupations should be secured in planning these facilities.

804.022 Design Capacity - 20 students/lab

804.023 Location A. Convenient access to instructional space and instructor’s office B. Provision for room privacy during patient care/simulation procedures

804.024 Activities Learning experiences in patient care and recording, dental/medical office procedures and related activities, depending upon health occupation being taught.

804.025 Equipment Space and Facilities A. State of the art instructional technology – Refer to Section 302 B. Equipment should be comparable to that used in the health occupation field.

C. The equipment and workstations will vary with the occupational objectives of the program.

D. Windows should be high enough to permit installation of equipment along the wall.

E. Consultation should be made with the Health Science Technology Education Coordinator for equipment needs of various occupational areas.

F. Sink and lavatory with hot and cold water.

G. Counter top with workspace and cabinet storage.

H. Storage room with locked storage for visual aids, equipment and supplies.

I. Dressing room and student lockers.

J. Washer and dryer

804.03 Instructor’s Office/Station

804.031 Size - 100 to 150 square feet

804.032 Location Direct access to the laboratory, instructional space and corridor.

804.033 Equipment Space and Facilities A. State of the art instructional technology – Refer to Section 302.03 B. Teacher’s desk and chair C. Conference chairs - 2 D. 4 drawer file cabinet with lock E. Mirror

804.04 Resource/Study Area

804.041 Size - 225 square feet

804.042 Location Can be separate room or can be part of laboratory.

804.043 Equipment and Facilities A. State of the art instructional technology – Refer to Section 302 B. Round tables or library tables with 10 chairs each - 2 C. Bookshelves or bookcases along walls D. Storage cabinets for visual aids and independent study materials E. Bookkeeping drawer and forms for book borrowing F. Magazine display rack for journals, pamphlets, periodicals, and other materials 805 FAMILY AND CONSUMER SCIENCES (FACS) - GRADES 9-12 The assistance of WVDE Human Service Cluster Coordinators, who maintain up-to-date recommended specific equipment lists, should be secured in planning FACS facilities. Additionally, facilities and equipment must conform to public health sanitation guidelines and local safety regulations.

805.01 Instructional Space

805.011 Size – Refer to Section 603.01

805.012 Design Capacity – 25 students

805.013 Location Facilities should be located on the ground floor, preferably near an outside entrance for:

A. Convenient delivery of supplies and instructional materials B. Convenient installation and removal of large equipment C. Easy accessibility for individuals with disabilities D. Easy accessibility for preschool age children and their parents

805.014 Activities – Refer to Section 603.04

805.015 Equipment Space and Facilities A. Instructional technology – Refer to Section 302 B. Refer to Section 603.05

805.02 Teacher Office / Conference Area

805.021 Size 100-150 square feet

805.022 Location –Direct access to classroom and laboratories

805.023 Equipment Space and Facilities A. State-of-the-art instructional technology – See Section 302.03 B. Teacher’s desk and chair C. Lockable storage for teachers’ belongings D. Open and closed adjustable shelving - minimum 30 linear feet E. 4-drawer file cabinet - 1 to 2 per teacher

805.03 Laboratory

805.031 Size 1500 square feet

805.032 Capacity 25 students

805.033 Location Adjacent to the Family and Consumer Science instructional space

805.034 Activities -- individual and small group activities; role playing; demonstrations and observations; presentations and discussions; and student organization meetings; instruction in food preparation, nutrition and wellness; safety and sanitation precautions; development of early childhood education and family relationships, and parenting activities; consumer education and money skills activities.

805.035 Equipment Space and Facilities A. Plumbing needs 1. Adequate and properly located plumbing connections provided for the equipment 2. A continuous supply of hot water provided. A separate hot water heater and water softener may be needed.

B. An all purpose area shall be designed for a one teacher apartment with space and equipment for teaching parenting, applied design, nutrition and foods, child development, family relationships, human services, and consumer education.

The area is designed to include the following areas: 1. Foods and Nutrition laboratory - Refer to Section 805.051 for specialized equipment and facilities requirements.

2. Applied Design laboratory/multi-purpose room - Refer to, Sections 805.071 for specialized equipment and facilities requirements. Also, includes space and equipment for:

a. Storage for teaching materials, supplies, and student references b. Teaching center c. Display case 3. Multi-purpose tables 4. Multi-purpose chairs C. Two multi-purpose rooms shall be designed for a 2 or more teacher department 1. Room one consists of:

a. Space and equipment for teaching foods and other instructional areas b. Storage for teaching materials, student projects, supplies and references.

c. Teaching center 2. Room two consists of:

a. Space and equipment for teaching Applied Design lab and other instructional areas listed above b. Storage for teaching materials, student projects, supplies, and references c. Teaching center with conference/office area d. Display areas

805.04 Storage

805.041 Size – 100 Square Feet

805.042 Location Facilities should be located adjacent to instructional space and lab.

805.043 Equipment Space and Facilities A. Shelving conveniently spaced and/or adjustable to fit the size and shape of equipment to be stored, such as portable sewing machines, reference books, audiovisual equipment, and small equipment items B. Drawers of a depth to serve the materials or equipment to be stored C. Mobile base cabinets to provide additional work space and allow for more flexibility in room arrangement D. Heavy articles stored at a carrying level E. Movable trays or pullout sections used instead of shelves to facilitate removing articles F. Closed storage space provided for items that need to be protected, not used frequently, or may detract from the appearance of the room G. Cabinets with locks provided for storage of items such as electrical appliances, portable sewing machines, food, and audiovisual equipment H. Storage space provided for cleaning supplies and equipment

805.05 Food and Nutrition Specialized Equipment and Facilities

805.051 Equipment Space and Facilities A. Kitchen labs appropriate for demonstration, preparation and experimentation by small groups Each unit kitchen consists of: double sink, range, base and wall cabinets, tables, chairs, and 10-12 linear feet of work surface .

B. Sink located between the range and mixing centers in each unit C. Waste disposal in each unit sink D. Adequate counter work space and adequate storage for basic equipment and supplies E. Exhaust ducts and/or range hoods with exhaust fans to pull odors and fumes out of the room and vent to the outside F. Cabinet with adjustable shelves Variety of cabinet and counter materials, range and refrigerator models, and fuels G. Non-porous floor covering and finish for walls H. Minimum of 3 electrical outlets per kitchen unit I. Refrigerator dishwasher J. Microwave oven K. Fire extinguisher, blanket, and first aid kit

805.06 Laundry Area

805.061 Equipment Space and Facilities A. Automatic washer and dryer B. Sink C. 36 inches of counter space D. Base and wall cabinet for storage E. Space which allows for class demonstrations

805.07 Applied Design Area

805.071 Equipment Space and Facilities A. One sewing machine per 2 students. These may be a combination of cabinet-type and portable (which must be stored when not in use).

1. Each sewing machine and chair/stool provides a minimum of 3 feet for pull-out space.

2. The facility is planned so that sewing machines can be stored and the area is available for multiple uses.

3. A grounded electrical outlet is available for each machine.

B. Pressing area - one for each 8 to 10 students. Includes:

1. Ironing boards 2. Steam irons 3. A variety of small pressing equipment, such as seam roll, sleeve board, and tailor’s hem 4. Grounded electrical outlet in each pressing area C. Full length triple mirror D. Mannequin and dress form E. Display for completed projects F. Lockable storage 1. Cabinets for tote trays located near the entrance.

2. Cabinets or closet with adjustable rods for hanging garments.

3. Cabinets or walk-in closet for storage 4. Cabinet storage for drawing and other art and design supplies 5. Storage for teaching materials, supplies and student references G. Computer and state of the art software for design 806 ProStart Restaurant Management Program

806.01 ProStart Instructional Space

806.011 Size A. Approximately 3500 to 4500 square feet (combined classroom / laboratory /storage).

B. Classroom – Base preliminary determination of area upon allotment of 25 to 30 square feet per student-- approximately 1000 square feet.

806.012 Design Capacity - 25 students

806.013 Location Ground level is a preferable. Accommodations for delivery of supplies, safety considerations, adequate ventilation and exhaust are necessary in the laboratory. The dining area should provide for easy accessibility with consideration to ingress and egress.

806.014 Activities – Refer to Section 603.04 Activities include class discussions, lectures and demonstrations; individual and small or large group activities; instruction in planning, selecting, storing, purchasing, preparing, and serving quantity food and food products; nutritive values; safety and sanitation precautions; use and care of commercial equipment; serving techniques and customer service applications; special diet considerations; and management of food service establishments.

806.015 Equipment Space and Facilities Classroom – Refer to Sections 603.05 and 302

806.02 ProStart Lab While ProStart labs are designed to teach students the skills of the restaurant industry, the ProStart lab is different from a standard commercial production-oriented facility. The assistance of WVDE Human Service Cluster Coordinators, who maintain up-to-date recommended specific equipment lists, should be secured in planning ProStart laboratory facilities. Additionally, facilities and equipment must conform to public health sanitation guidelines and local safety regulations.

806.021 Size Laboratory - Should reflect current industry specifications to provide workspace for 25 students - approximately 1500 square feet.

806.022 Capacity – 25 students

806.023 Location Adjacent to ProStart Instructional Space

806.024 Activities A. Preparing, and serving quantity food and food products B. Use and care of commercial equipment C. Serving techniques and customer service applications D. Culinary technique demonstration

806.025 Equipment Space and Facilities – Laboratory A. Resilient finish floors B. High electrical demand C. Floor drainage D. Exhaust system E. Vents F. Natural gas G. Master control switch H. 110 and 220 V. power I. Dressing and restroom facilities for male and female students J. Separate electrical circuit with ground fault K. Supply of hot and cold running water available at all times L. Sufficient number of conveniently located outlets M. Appropriate lighting N. Self-closing outside doors with tight fitting rubber seals to prevent rodent and insect entry (a pest management company should be contracted to inspect and maintain pest control of the kitchen and dining room on a regular basis)

O. Workstations for 25 students, including but not limited to preparation areas for meats, entrees, salads, vegetables, sandwiches, beverages, and baked, fried, and broiled foods. Stainless steel tables are necessary for student work areas.

P. Variety of equipment reflective of the food service industry, such as commercial grade gas grills, convection ovens, deep-fat fryer, microwave oven, range/stove top, fire suppression system, stainless steel units, sandwich refrigerated prep unit, cash register, ice machine, and commercial coffee machine Q. Equipment which can be used for several purposes is desirable, (e.g. a mixer with attachments for cutting, dicing, and slicing)

R. Salad preparation area to be provided and a vegetable cleaning sink is desirable S. Baking and proofing area T. Major traffic aisles at least 5 feet wide; adequate space between worktables and equipment, except for ovens, deep fryers, and grills, where the aisle should be 3½ to 4 feet.

U. Dishwashing area must include a 3-compartment sink (commercial dishwashing machine with disposal optional)

V. Hand sink located within 75 feet of food preparation and food service areas.

W. Bulletin boards for posting notices and safety information X. Adequate fire extinguishers and first aid kit will be provided.

Y. Automatic washer and dryer installed away from food prep and serving areas and vented to the exterior with GFCI outlets as per NEC.

Z. Portable demonstration table with adjustable mirror AA. Janitor’s closet with mop sink and storage for cleaning supplies and equipment, located away from food and food preparation areas.

BB. Storage should be provided for small wares, miscellaneous equipment, and other supplies.

CC. Commercial grade freezer and refrigerator placed outside storeroom but adjacent to work areas.

806.03 Dry Storage

806.031 Size - 1500 square feet minimum

806.032 Location Adjacent to ProStart lab

806.033 Equipment Space and Facilities A. Commercial grade adjustable wire shelving B. Bulk dry ingredient bins C. Dry storage with a temperature of 50 to 70 degrees and a moderate humidity level should be provided D. Storage areas should be equipped with locks and located near delivery entrance E. Shelving is adjustable and easy to clean

806.04 Café/Restaurant Dining area (optional)

806.041 Size - 12 -14 square feet per seat/patron

806.042 Design Capacity - Recommended 15 -25 patron capacity

806.043 Location Adjacent to ProStart lab

806.044 Activities – dining room table service

806.045 Equipment Space Facilities A. Commercial grade dining tables and chair B. Beverage Station 807 Child Development Specialist - Occupational

807.01 Instructional space and lab combined

807.011 Size - 1800 to 2400 square feet

807.012 Design Capacity - 20 secondary students. If the child care lab is onsite design for up to 15 preschool aged children

807.013 Location First floor with direct exit to outside play area

807.014 Activities – Refer to Section 603.04 Also, observation of small children; directing children’s play; supervision of rest period; preparing and serving snacks or simple meals.

807.015 Equipment Space and Facilities A. Instructional technology – Refer to Section 302 (If an onsite child care lab facility is maintained, the following guidelines should be applied. If field experience is off-site, the following serve as guidelines for the co-operating site.)

B. Outside play area adjacent to indoor area or on same level; half paved - half turf with outdoor play equipment. Allow at least 75 square feet of outside play area per child. Outside play area is enclosed by a 3 feet high, child-safe barrier. An outside water source is located within the outside play area C. Indoor play equipment and space. Allow at least 35 square feet per child, excluding storage, food preparation and restroom areas. Include organized play centers for activities such as art, language arts, large muscle development, science, math, manipulative and dramatic play and building/climbing.

D. Restroom with child-size facilities - one flush toilet and one hand-washing basin for each 15 children. Should be easily accessible from outdoor play area.

E. Low lavatory near entrance from outside play area F. Isolation area approximately 50 square feet G. Kitchen area consisting of range, refrigerator, sink, and work and cabinet storage areas H. Storage for play equipment, books and reference Materials, instructional and food supplies, and teachers’ and students’ personal belongings I. Child-size tables and chairs for approximately 15 pre-school aged children. Tables should be safe, durable and sturdy, with adjustable legs. Chairs should have a 12-inch seat height for 3 or 4 year olds.

J. Cot or mat with sheet and blanket for children’s’ rest period if they will be in the program all day.

K. Low, child-height drinking fountain L. Fire extinguisher located in the food preparation area M. Child-height lockers or space for children’s’ clothing near main entrance N. Instructional board, bulletin board, and window space available at child’s viewing level (approximately 3 feet from floor).

O. Soundproof walls and ceiling.

P. Inside storage provided for outdoor play equipment as well as for indoor toys and play equipment.

Q. Lockable storage for household cleaners, chemicals, and medications 808 Cosmetology Program

808.01 Cosmetology Instructional Space The assistance of WVDE Human Service Cluster coordinators, who maintain current recommended specific equipment lists, should be secured in planning these labs. Additionally, cosmetology facilities must conform to specific requirements from the State Board of Barbers and Cosmetologists, to public health sanitation guidelines, and local safety regulations.

808.011 Size – Refer to Section 603.01

808.012 Design Capacity 45 students

808.013 Location Convenient to cosmetology lab

808.014 Activities – Refer to Section 603.04

808.015 Equipment Space and Facilities A. Refer to Section 603.05 B. Refer to Section 302

808.02 Cosmetology Lab

808.021 Size – 3000 Square Feet

808.022 Capacity – Program certification requirements mandate three teachers for each cosmetology program. Each teacher can work with up to 20 students. Lab capacity can be up to 60 students.

808.023 Location A. Convenient access to instructional space and parking area B. Convenient access must be provided for individuals with disabilities C. High noise labs are to be isolated from quiet area of the school

808.024 Activities Demonstrations; individual, small and large group activities, such as CTSO activities; selecting, planning, and evaluating student projects; development of cosmetology skills; provide personal services for customers; and implementation of coursework.

808.025 Equipment Space and Facilities Equipment should be comparable to that used in industry A. The equipment will vary with the occupational objectives of the program.

B. Equipment Details 1. Bowls, shampoo 2. Cabinet, file 3. Cabinets, storage 4. Cases, display 5. Chairs, hydraulic 6. Chairs, manicurist 7. Dressing facilities for male and female students 8. Dryers, commercial 9. Facial steamer 10. Foot bath/massager 11. Lamps, manicurist 12. Magnalite 13. Manicure tables and stools 14. Mannequins, assorted textures, colors, and holder, if not in student kit)

15. Monitors 16. Paraffin Wax Machine (recommended)

16. Pedicure Spa/Foot Bath (recommended)

17. Pedicure station with stool 19. Stations, with mirror 20. Steamer, facial 21. Sterilizer, dry 22. Tables, manicurist 23. Tables, reception 24. Wax machine 25. Wet Sterilizer 26. Resilient finish floors 27. Floor drainage 28. Vents 29. Storage room - 80 square feet 30. Separate electrical circuit with ground fault 31. Hair wash station 809 INDUSTRIAL FACILITIES Factors influencing the location of the building include: isolation from quiet areas; location to provide easy delivery of instructional supplies, materials, and equipment; and location convenient to parking area for adult education classes.

809.01 Instructional Space – Classroom One instructional space is required per each industrial or technical laboratory.

809.011 Size – Refer to Section 603.01

809.012 Design Capacity - 20 students

809.013 Location Convenient access to the laboratory

809.014 Activities – Refer to Section 603.04

809.015 Equipment Space and Facilities A. Refer to Section 603.05 B. Instructional technology – Refer to Section 302

809.02 Industrial and Technical Laboratories

809.021 Specific Requirements of Labs The following labs require:

A. A minimum of 100 square feet per student work station LABS Computer Repair and Networking CISCO Networking Academies Graphic Design Comp. Sys. and Hardware Support Sys. Software and App. Support Drafting Electronics Technology Interior Design Masonry Power Systems Technology CODE (see 809.022)

D, F,DD,AA,BB,CC

D, F,AA,BB,CC,DD

D,F,M,AA,BB,CC,DD

D,F,AA,BB,CC,DD

D,F,AA,BB,CC,DD

D,AA,BB,CC,DD

F,AA,BB,CC,DD

D,M,AA,BB,CC

A,C,E,G,H,L,M,S,T,U,Z,AA,BB,DD

A,B,C,E,G,H,M,S,T,U,V,Z,AA,BB,DD

B. A minimum of 120 square feet per student work station LABS HVACR Technology Electrical Technology Graphic Communications Plumbing Sheet Metal CODE (see 809.022)

A,B,C,H,M,Q,T,U,Y,Z,AA,BB,DD,JJ,HH

B,C,E,F,L,M,R,S,T,U,X,Y,Z,AA,BB,DD

D,M,Y,Z,AA,BB,CC,DD

A,C,E,G,L,M,S,Z,AA,BB,DD

B,C,E,L,M,O,P,R,S,T,U,Z,AA,BB,DD

C. A minimum of 160 square feet per student work, station LABS Automotive Technology Collision Repair Technology Communications Technology Computer Integrated Manufacturing Facilities Maintenance General Building Construction Machine Tool Technology Metals Technology Millwork and Cabinetmaking Welding Technology CODE (see 809.022)

A,B,C,E,G,H,J,L,M,O,P,R,S,T,U,V,X,Y,Z,

AA,BB,DD,HH

A,B,C,E,G,H,K,L,M,N,O,P,S,T,U,V,W,X,Y,Z,

AA,BB,CC,HH

D,F,M,R,Y,AA,BB,CC,DD

B,D,F,M,R,U,Y,Z,AA,BB,DD

A,B,C,E,F,G,H,L,M,N,P,R,S,T,U,W,X,Y,Z,

AA,BB,DD

A,B,C,E,F,H,L,M,R,S,T,U,W,X,Y,Z,

AA,BB,DD

A,B,C,E,F,H,L,M,O,P,R,S,T,U,,X,Y,Z,

AA,BB,CC,DD,FF

A,B,C,E,F,H,L,M,O,P,R,S,T,U,X,Y,Z,

AA,BB,DD,HH,II

B,C,E,F,H,L,M,N,O,P,Q,R,S,T,U,V,W,X,Y,Z,

AA,BB,DD,JJ

A,B,C,E,F,H,L,M,O,P,R,S,T,U,X,Y,Z,

AA,BB,DD,GG,HH,II

D. A minimum of 240 square feet per student work station LABS Aviation Maintenance Diesel Equipment Technology Industrial Equipment Maintenance Materials Distribution CODE (see 809.022)

A,B,C,E,F,G,H,I,L,M,O,P,R,S,T,U,V,X,Y,Z,

AA,BB,DD

A,B,C,E,G,H,I,J,L,M,N,S,T,U,V,X,Y,AA,BB,HH

A,B,C,E,F,G,H,I,L,M,O,R,S,T,U,V,X,Y,Z,

AA,BB,DD,HH

C,E,L,M,O,S,T,U,X,Y,Z,AA,BB

NOTE: The assistance of specialists in Industrial and Technical Education should be secured in planning these labs and must be secured when planning labs not listed above.

809.022 Special Facility Requirements Codes – Apply to 809.021 A. Hose bibb B. Compressed air C. Concrete floors D. Resilient finish floors E. Overhead door - 10 feet x 12 feet, minimum F. High electrical demand G. Floor drainage H. Exhaust system I. Monorail J. Automobile hoist K. Frame rack L. Ceiling height - 14 feet, minimum M. Student wash area N. Spray booths O. Heavy machinery P. Vents Q. Natural gas R. Master control switch S. Ground floor T. Access driveway U. Tool room V. Storage for flammable materials W. Dust collector X. 3 phase power connection Y. 208 V., minimum Z. Dressing and restroom facilities for male and female students AA. Instructional space - See Chapter 8, Section 806.011 for space requirements BB. Storage room - 80 square feet CC. A heating, ventilating, and air conditioning (HVAC) system, which meets ASHRAE Standards DD. Separate electrical circuit with ground fault EE. Dark room with sink FF. Hair wash station GG. Outside storage for gasoline HH. Industry approved storage unit for oxy-fuel supplies II. Down draft welding booths

809.023 Design Capacity - 20 students

809.024 Location A. Convenient access to instructional space and parking area B. Convenient access must be provided for individuals with disabilities C. High noise labs are to be isolated from quiet area of the school

809.025 Activities Construct, test, operate, and service equipment and tools; provide personal services for customers; depicting, shaping, forming, assembling, and servicing equipment and materials; demonstrations, lectures, and individualized instruction.

809.026 Equipment Space and Facilities A. Equipment should be comparable to that used in industry B. Equipment will vary with the occupational objectives of the program C. Instructional board and bulletin board - 6 linear feet, minimum D. Window stills should be high enough to permit installation of equipment along wall - 4 feet, minimum E. Provide appropriate fire extinguishers for equipment and materials used in program F. Consultation should be made with Industrial and Technical Education Office for equipment needs of various occupational areas.

810 BUSINESS EDUCATION FACILITIES

The number of students enrolled and the curriculum offered will determine the number and type of rooms needed.

810.01 All-Purpose Business Instructional Space This room would be needed for a small school (up to 150 business students per day) with only one business teacher. Therefore, it is necessary to provide adequate space to store, maintain, and use a vast amount of equipment and supplies. The room consists of the following:

A. Equipment-oriented instructional lab area for computer and technology courses B. Multi-purpose classroom instructional area for basic business courses - See Section 603.05 C. Storage for teaching materials, supplies, student projects and references

810.011 Size 1200 to 1400 square feet - 60 to 70 square feet per student

810.012 Design Capacity - 25 students per session

810.013 Location The facilities for business education should be located, ideally, on the first floor in a central location where it is relatively quiet. A first floor location, in a two-story building, makes the department easily accessible to students with exceptionalities, adult and community education classes, and for service technicians. Business education rooms should be clustered to unify the programs and allow for easy communications, sharing equipment, and exchanging classrooms.

810.014 Activities – Refer to Section 603.04 Lecture or small group or class discussions; view videos, DVDs and other projected materials; conferences of small groups of students; display student projects or work; store partially- completed student projects; lockable storage for instructional and technology supplies; listen to recordings, podcasts or broadcasts; view telecasts; write and transcribe notes; operate computers and other business /technology equipment.

810.015 Equipment Space and Facilities – Refer to Section 603.05 A. Instructional technology –Refer to Section 302 B. Calculators C. Computer with internal modem, DVD drive, USB flash drive, multimedia capabilities – 1:1 student ratio D. Speakers (for multimedia equipment)

E. Scanner F. Headphones G. Access to server and network H. Plain paper copier and /or color copier I. Media cart with electrical outlets (wheels and optional locks)

J. Letter-quality laser printer – 1 per classroom K. Color laser printers – 2 per classroom L. DVD player M. VCR (or combination) and monitor N. Personal Digital Assistant (e.g. Palm Pilot, Pocket PCS, etc.)

O. Digital camera and/or digital video camcorder P. Teacher demonstration work center Q. Laser pointer

810.02 Instructional Space This room is designed to provide space and equipment for teaching basic business courses

810.021 Size –Refer to Section 603.01

810.022 Design Capacity - 25 students

810.023 Location A. Direct access to the computer and technology laboratory B. Convenient access to other business education rooms

810.024 Activities—Refer to Section 603.04

810.025 Equipment Space and Facilities Refer to Section 603.05

810.026 Instructional technology –Refer to Section 302 A. Calculator and calculators with large keys for special needs students B. Work table - 3 feet x 6 feet C. Work counter - 15 linear feet; 28 to 32 inches deep, with storage underneath D. Electrical outlets strip above work counter E. Closed book shelving - 8 to 10 linear feet F. DVD G. VCR (or combination) and monitor

810.03 Computer and Technology Application Laboratory

810.031 Size The size of this facility is dependent upon the type of furniture and equipment contained; 35 to 45 square feet per student may be used for preliminary estimates.

810.032 Design Capacity - 25 students

810.033 Location In the central core of the building, in the area of other business education rooms.

810.034 Activities Demonstrate and practice computer applications and technology applications; create and view electronic projections; display student projects or work.

807.035 Equipment Space and Facilities See Section 603.05 A. Instructional Technology – See Section 302 B. Calculators and calculators with large keys for special needs C. Computers with internal modem, DVD drive, USB Flash driver, multimedia capabilities, 1:1 student ratio D. Speakers (for multimedia equipment)

E. Scanner F. Responders with software G. Access to server and network H. Plain paper copier and/or color copier I. Media cart with electrical outlets (wheels and optional locks)

J. Letter-quality laser printers, one per classroom K. Color laser printers, 2 per classroom L. DVD, VCR (or combination) and monitor M. Personal Digital Assistant (e.g. Palm Pilot, Pocket PCS, etc.)

N. Digital camera and/or digital video camcorder O. Demonstration work center P. Laser pointer

810.04 Teachers’ Office and Conference Room A. Area for conferences B. Space for instructional planning, instructional materials, supplies, and record keeping C. Storage for student records and teachers’ personal belongings

810.041 Size - 100 to 150 square feet per teacher

810.042 Design Capacity Office space for teachers and for conferences with individuals

810.043 Location Direct access to other business education rooms

810.044 Activities Teacher conferences; teacher-pupil conferences; instructional planning and record keeping.

810.045 Equipment Space and Facilities A. Technology – Refer to Section 302.03 B. Dry erase Instructional board - 5 to 6 linear feet C. Bulletin board - 5 to 6 linear feet D. Conference table with chairs E. Desk and chair for each teacher plus computer furniture F. Work counter with shelving below - 10 linear feet G. Legal size file drawers - 12 per teacher H. Lockable storage for personal belongings of instructors I. Combination printer J. Copier, fax and scanner K. Telephone with answering machine 811 TECHNOLOGY EDUCATION FACILITIES - GRADES 9-12 Factors influencing the location include providing location for easy delivery of instructional supplies, equipment, and materials, some of which are bulky and heavy; and design of laboratory to permit some change in individual room areas as activities are developed. The assistance of specialists should be secured to adequately plan this suite. Technology education programs include instruction in the areas of communication, transportation, construction, manufacturing, and engineering.

811.01 Technology Education Production Laboratory

811.011 Size 1000-1200 square feet

811.012 Design Capacity - 20 students

811.013 Location Direct access from building corridor and to other rooms in the technology education suite

811.014 Activities The production lab/ fabrication space should be an open flexible space to accommodate large scale production projects. The space will provide an area for project layout, measurement, cutting, forming, and fabricating using a variety of materials (e.g., wood, metal, plastics); adequate space is needed for the use, care and storage of hand tools and machines.

811.015 Equipment Space and Facilities A. The major floor area should be free of heavy or permanently fixed equipment to allow for flexible room arrangement B. Maximum work counter and cabinet storage space C. Lockable tool room or lockable tool panels D. Windows should be high enough to permit installation of equipment along outside walls E. Ceiling electrical grid system for 120 volt power to machines with master switches and emergency cutoff buttons F. Adequate electrical wall outlets for power equipment and tools G. Equipment for removal of dust, chips, and harmful fumes H. Fire extinguishers of such kinds and sizes as recommended by the State Fire Marshal I. Sink area for personal cleanliness and preparation and cleaning of tools and supplies J. Lighting as per IES standards with low glare fixtures K. Noise and dirt concerns require separation from other areas L. Refer to the “Technology Education Curriculum Guide” and PLTW for a list of specific equipment

811.02 Technology Education Systems Laboratory/Project Lead the Way Design Area

811.021 Size 100 to 125 square feet per student.

811.022 Design Capacity - 20 students

811.023 Location Direct access to production laboratory/fabrication lab for ease in supervision.

811.024 Activities The design laboratory will provide an area for classroom instruction, project planning, group collaboration, and small group activities; therefore, should be flexible in nature. This area requires a dust-free environment for instruction and activities with equipment such as computers, robotics, electronics, lasers, and a large open space for construction of group projects.

811.025 Equipment Space and Facilities –Lecture / discussion area Refer to Section 603.05 A. Instructional technology – Refer to Section 302 B. Computers / workstations 1. A maximum of 2 students per computer station 2. Computers need to be located at perimeter for best teacher supervision C. Storage 1. Maximum counter and cabinet storage space along walls (some of this space may be used for computers. If so, height needs to be adjusted accordingly).

D. Storage needed for reference and resource material E. Multimedia presentations and computers require lighting control F. Communications 1. Telephone 2. Cable / fiber optic G. If planning to teach Foundations in Engineering, and /or PLTW courses, room layout needs planned accordingly.

H. Refer to State Coordinator for Technology Education

811.03 Instructor’s Office

811.031 Size - 100 to 150 square feet

811.032 Location Convenient or direct access to production / fabrication laboratory and design laboratory.

811.033 Equipment Space and Facilities A. Technology – Refer to Section 302.03 B. Teacher’s desk and chair C. Conference chairs - 1 or 2 D. Storage 1. Letter size, 4-drawer file cabinets – 2 2. Open and closed shelving for supplies and references, 20 to 30 linear feet E. Duplex outlets as per NEC

811.04 Finishing Area This area needs to be a separate room or enclosed, ventilated spray booth.

811.041 Size – 75 to 125 square feet

811.042 Location Direct access to production / fabrication laboratory

811.043 Activities Mixing and application of a variety of surface finishes.

811.044 Equipment Space and Facilities A. Window in wall facing laboratory to provide for easy supervision B. Maximum work counter space C. Ventilation to provide a negative pressure to the adjacent areas D. Metal storage cabinet for paint, varnish, and other flammable materials E. Fireproof containers for paint rags F. Fire extinguishers G. Adjustable, high intensity, spark-proof lights H. Hooded spray booth vented to the exterior I. Heating, ventilating, and air conditioning (HVAC) system, which meets ASHRAE standards

811.05 Material Storage

811.051 Size – Varying from 150 to 200 square feet

811.052 Location – Direct access to other laboratories

811.053 Activities For storage of various types of stock and other supplies necessary in the technology classroom

811.054 Equipment Space and Facilities A. Wide access door B. Storage racks for various types of stock. Stock may be as large as 4 feet x 8 feet C. Adjustable shelving and cabinets for small items

811.06 Project Storage

811.061 Size – 150-250 square feet

811.062 Location Direct access to classroom laboratory

811.063 Activities Limited to storage of student projects and supplies

811.064 Equipment Space and Facilities A. Provide maximum adjustable shelving 24 inches deep along walls B. Provide free floor area for storage of large items

811.07 PLTW Modeling Space Optional in Technology Education classroom

811.071 Size Determination of size depends upon the number of students and related activities -- varying from 100 to 125 square feet per student

811.072 Design Capacity 20 students

811.073 Location Direct access to design and fabrication laboratories

811.074 Activities The testing laboratory provides an environment for testing ideas and lesson tasks. This area should have flexible work surfaces in the center of space for groups and individuals. The lab should be located with easy access back and forth from design and fabrication labs and easy access to project storage area.

811.075 Equipment Space and Facilities A. Flexible work area with reconfigurable tables and chairs in center of room B. Storage areas for testing equipment along walls with durable counter top surfaces.

C. Smooth floor coverings D. Adequate number of electrical outlets E. Adequate lighting F. Access to design and production labs G. Access to project storage

Chapter 9 GENERAL SUPPORT FACILITIES 900 SUPPORT FACILITIES County boards of education must have sufficient support facilities to maximize the efficient administration of the county schools. Accessible county support facilities must be provided and maintained to promote a healthy and safe environment. These facilities provide the support services necessary for a thorough and efficient educational program. When possible, support facilities are to be housed together to maximize efficiency.

Support facilities shall have appropriate floor covering and ceiling tile, which is mold and microbial resistant. These facilities shall also have a heating, ventilating, and air conditioning (HVAC) system, which meet ASHRAE standards 901 ADMINISTRATIVE FACILITIES County boards of education shall provide adequate office and ancillary space to house all administrative personnel and functions.

901.01 Size Support facilities are organized in such a manner as to provide effective services as economically as possible. The size and number of such facilities are dependent upon the services required by the county.

901.02 Site

901.021 Location Each administrative facility should be located and developed in proper relationship to the county’s governmental agencies, such as the county center of government.

901.022 Size Site shall be of adequate size to provide parking for the staff and regular visitors. Allow space for each car as per the appropriate standard. See Chapter 2 for applicable site information.

902 GENERAL OFFICE AND RECEPTION/WAITING AREAS - ADMINISTRATIVE FACILITIES

902.01 Size Size room necessary to meet the needs of the administration

902.02 Location A. At the hub of the administrative suite B. Direct access to a building corridor and to workroom C. Direct or convenient access to other office rooms in the administrative suite D. Adjacent to main entrance to facility 1. In existing facilities where administrative facilities are not adjacent, a remote access security system should be used.

E. Convenient access to workroom

902.03 Activities Reception of visitors, pupils, and staff; general secretarial activities required in the operation of the center.

902.04 Equipment Space and Facilities To meet needs of administration 903 WORKROOMS - ADMINISTRATIVE FACILITIES

903.01 Size - as required

903.02 Location - Direct access to the general office and waiting room

903.03 Activities Preparation of materials, reports, and layouts of instructional materials by both secretarial and other personnel.

903.04 Equipment Space and Facilities As required 904 STORAGE FOR BOOKS AND INSTRUCTIONAL SUPPLIES - ADMINISTRATIVE FACILITIES

904.01 Size Base size on county needs for central instructional supply and distribution.

904.02 Location A. Convenient access to the general office B. Direct opening to corridor to permit distribution of supplies C. Exterior door for receiving and distribution D. Maintain humidity levels below 60%, utilizing the building control system in conjunction with the HVAC equipment.

904.03 Activities Storage and distribution of instructional materials and supplies including books, papers, notebooks, erasers, and pencils.

905 BOARD ROOMS/MEETING ROOMS - ADMINISTRATIVE FACILITIES

905.01 Size Depends on the space needed for spectator seating.

905.02 Location A. Convenient access to general office B. Design and location should permit groups to confer without being overheard or seen from adjacent rooms.

905.03 Activities Conferences and training involving staff, and regular and special board meetings.

906 SUPERINTENDENT’S OFFICE - ADMINISTRATIVE FACILITIES

906.01 Size - as required

906.02 Location A. Direct or convenient access to general office B. Convenient access to the corridor without going through the general office C. Convenient access to other areas in the administrative suite D. Convenient to board room E. Design and location should permit the superintendent to confer without being seen or overheard in adjacent areas

906.03 Activities Planning, research, and administrative activities conducted individually or in groups.

906.04 Equipment Space and Facilities A. Room design should permit the superintendent to confer without being seen or overheard in adjacent areas B. Conference desk and chair C. Work table convenient to desk for layout work D. Conference chairs E. Shelving F. Storage for personal belongings G. Telephone service and intercom to secretary in general office H. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 907 ASSISTANT SUPERINTENDENT’S OFFICE - ADMINISTRATIVE FACILITIES

907.01 Size - as required

907.02 Location Convenient access to the general office and superintendent’s office.

907.03 Activities Planning, research, and administrative activities conducted individually or in small groups.

907.04 Equipment Space and Facilities A. Room design should permit the assistant superintendent to confer without being seen or overheard in adjacent areas B. Conference desk and chair C. Work table convenient to desk for layout work D. Conference chairs E. Shelving F. Storage for personal belongings G. Telephone service and intercom to secretary in general office H. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 908 OFFICES FOR PROFESSIONAL SUPPORT PERSONNEL - ADMINISTRATIVE FACILITIES NOTE: Number of spaces required will depend on the local staff size

908.01 Size - size to maximize space utilization

908.02 Location A. Direct access from reception area and convenient access to meeting room and general office in the administrative suite.

B. Design and location should permit should permit the assistant to confer without being seen or overheard in the adjacent areas.

C. Easy access to vault and records

908.03 Activities - Daily Execution of Job Duties

908.04 Equipment Space and Facilities A. Desk and chair B. Conference chairs C. Shelving D. Bulletin board E. Storage for personal belongings F. Telephone communication with general office and intercom. Require private telephone line to the counselor’s office G. File cabinet with lock H. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 909 RECORD STORAGE- ADMINISTRATIVE FACILITIES NOTE: Record storage may be eliminated by providing fire resistant filing cabinets in the general office or other storage area.

909.01 Size - as required

909.02 Location - Direct or convenient access from the general office

909.03 Activities - Storage of current and inactive records

909.04 Equipment Space and Facilities A. General construction should be fire resistant B. Cart/storage units preferable for current records 910 SECRETARIAL WORK AREAS OR OFFICES - ADMINISTRATIVE FACILITIES NOTE: Number of spaces required will depend on the local staff size.

910.01 Size - size to maximize space utilization

910.02 Location - Direct access to offices served

910.03 Activities - Daily execution of job duties

910.04 Equipment Space and Facilities A. Secretarial desk and chair B. Typewriter and stand C. Comfortable chairs D. Filing cabinets E. Appropriate floor covering and ceiling tile, which is mold and microbial resistant F. Telephone communication with general office G. Computer work station 911 STAFF LOUNGE - ADMINISTRATIVE FACILITIES

911.01 Size - size to maximize space utilization

911.02 Location A. Direct access from a building corridor B. Location avoiding major traffic, yet reasonably close to the administrative area C. Restrooms should not have direct opening into the lounge area

911.03 Equipment Space and Facilities A. Comfortable lounge furniture B. Kitchenette to prepare light refreshments C. Restrooms D. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 912 SERVICE FACILITIES - ADMINISTRATIVE FACILITIES See Chapter 11, Sections 1107 – 1113.

913 ENGINEERING AND CUSTODIAL FACILITIES - ADMINISTRATIVE FACILITIES

914 MAINTENANCE FACILITIES

Boards of education provide sufficient, secure, and centrally located repair and maintenance facilities for educational facilities. Boards of education provide sufficient facilities for storage of all supplies, equipment, and food items.

914.01 Size Maintenance facilities are organized in such a manner as to provide effective services as economically as possible. The size of such facilities is dependent upon the services required by the county.

914.02 Location/Site The operations and maintenance facility should be located centrally in the county for the convenience of maintenance personnel traveling from the facility to schools and other staff traveling to this facility for training sessions. It may be desirable to have a combination administrative, operations, and maintenance facility.

Site shall be of adequate size to provide parking for staff automobiles, maintenance trucks, and delivery vehicles.

915 GENERAL OFFICE AND RECEPTION/WAITING AREAS - MAINTENANCE FACILITIES

915.01 Size Dependent upon size of the center, sizing should incorporate maximum space utilization

915.02 Location A. At the hub of the administrative suite B. Direct access to a building corridor and to work room C. Near main entrance of facility D. Convenient access to work room

915.03 Activities Reception of visitors and staff; general secretarial activities required in the operation of the center.

915.04 Equipment Space and Facilities A. Counter separating reception/waiting room or area from the secretarial work area B. Seating in reception area C. Small table for magazines and other literature D. Display space and bulletin board E. Secretarial furniture F. Master telephone station or other communications to all locations in the facility G. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 916 WORKROOMS - MAINTENANCE FACILITIES

916.01 Size - 100 to 150 square feet

916.02 Location Direct access to the general office and waiting room.

916.03 Activities Preparation of reports and layouts of materials by both secretarial staff and other personnel.

916.04 Equipment Space and Facilities A. Combination of open shelving and closed cabinets for storage of a variety of supplies and equipment B. Duplicating machine C. Work table or counter D. Lavatory E. Resilient floor covering 917 MEETING ROOMS/TRAINING FACILITIES - MAINTENANCE FACILITIES

917.01 Size - Depends on the needs for training sessions.

917.02 Location A. Convenient access to general office/reception/waiting areas B. Design and location should permit groups to confer without being overheard in adjacent rooms

917.03 Activities - Conferences and Training of Staff

917.04 Equipment Space and Facilities A. Conference tables and chairs B. Instructional board C. Bulletin board D. Appropriate floor covering and ceiling tile, which is mold and microbial resistant E. Pull-down projection screen 918 RECORD STORAGE - MAINTENANCE FACILITIES NOTE: Room may be eliminated by providing fire resistant filing cabinets

918.01 Size - as required

918.02 Location - Direct or convenient access from the general office and other areas.

918.03 Activities - Storage of current and inactive building documents.

918.04 Equipment Space and Facilities A. General construction should be fire resistant B. Files for plans and documents C. Plan table D. Filing cabinets 919 OFFICES FOR PROFESSIONAL SUPPORT PERSONNEL AND SERVICE SUPERVISORS - MAINTENANCE FACILITIES

919.01 Size - size to maximize space utilization

919.02 Location Convenient access to general office and other spaces

919.03 Activities Planning, research, and administrative activities conducted individually or in small groups

919.04 Equipment Space and Facilities A. Room design should permit staff members to confer without being overheard or seen in adjacent areas.

B. Conference desk and chair C. Conference chairs D. Shelving E. Storage for personal belongings F. Telephone service and intercom to secretary G. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 920 SECRETARIAL WORK AREAS OR OFFICES - MAINTENANCE FACILITIES NOTE: Number of spaces required will depend on the size of the local staff.

920.01 Size - size to maximize space utilization

920.02 Location - Direct access to offices served

920.03 Activities - Daily execution of job duties

920.04 Equipment Space and Facilities A. Secretarial desk and chair B. Appropriate chairs C. Filing cabinets D. Telephone communication with general office E. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 921 CARPENTRY, PLUMBING, HEATING, AND ELECTRICAL MAINTENANCE SHOPS - MAINTENANCE FACILITIES

921.01 Size - size to maximize space utilization

921.02 Location A. Convenient access to the general office B. Exterior door for distribution and receiving C. May be desirable to have an enclosed loading and unloading area for service vehicles

921.03 Activities Storage of replacement parts, repairs to building components, and distribution of maintenance supplies.

922 SERVICE FACILITIES - MAINTENANCE FACILITIES

See Chapter 11, Sections 1107 – 1113.

923 ENGINEERING AND CUSTODIAL FACILITIES - MAINTENANCE FACILITIES

924 STAFF LOUNGE - MAINTENANCE FACILITIES

924.01 Size - according to staff number

924.02 Location A. Direct access from a building corridor B. Location avoiding major traffic, yet reasonably close to the administrative area C. Restrooms should not have direct opening into the lounge area

924.03 Equipment Space and Facilities A. Comfortable lounge facilities B. Kitchenette to prepare light refreshments 925 STORAGE FACILITIES Boards of education provide sufficient facilities for storage of all supplies, equipment, and food items.

925.01 Custodial and food service storage rooms. (Must be separate spaces.)

925.011 Size Base size on county needs for central supply and distribution of custodial supplies, dry foods, refrigerated foods, and frozen foods to the local system.

925.012 Location A. Convenient access to the general office B. Direct opening to corridor to permit distribution of supplies C. Exterior door for receiving and distribution

925.013 Activities Storage and distribution of materials and supplies.

926 TRANSPORTATION FACILITIES

Transportation services are an integral part of the system of education in West Virginia. With expanding transportation requirements comes the necessity to maximize efficiency and at the same time exercise extreme concern for safety. Boards of education provide sufficient, secure, and centrally located staff offices, training spaces and storage, repair and maintenance facilities for all county school buses and vehicles.

926.01 Size Transportation facilities are organized in such a manner as to provide effective services as economically as possible. The size and number of such facilities are dependent upon the services required by the county. The following is generally felt to be required to adequately serve a smaller county and may be used as a standard for multi-centers in larger counties.

926.02 Site The transportation facility must have a site sufficient to park the county’s entire fleet of buses, as well as employees’ and visitors’ vehicles. See Chapter 2, Section 206 for additional information. The following can be used for preliminary planning, but final layouts must be done to ensure accurate planning.

A. Buses - as per applicable standard B. Cars -as per applicable standard C. Due to the size of buses and their turning radius, large amounts of space are required for circulation of vehicles.

D. Centers should be located to facilitate easy access and reduce bus runs.

927 BUS REFUELING/PUMP STATIONS - TRANSPORTATION FACILITIES

Refueling pumps and/or stations are safely separated from maintenance and storage areas. Facilities must supply all types of fuel in use, such as gasoline, diesel, LPG, and CNG. Facilities should be visible from the office area, must comply with applicable safety standards, and provide adequate space for bus circulation.

928 RECEPTION/WAITING AREAS - TRANSPORTATION FACILITIES

928.01 Size Dependent upon size of the center, sizing should incorporate maximized space utilization.

928.02 Location A. At the hub of the administrative suite B. Direct access to a building corridor and to work room C. Direct or convenient access to director’s office and other rooms in the administrative suite D. Near main entrance to facility E. Access to work room

928.03 Activities Reception of visitors and staff, and general secretarial activities required in the operation of the center.

928.04 Equipment Space and Facilities A. Counter top separating reception/waiting room or area from the secretarial work areas B. Appropriate chairs in reception area C. Small table for magazines and other literature D. Display space and bulletin board E. Secretarial furniture F. Master telephone station, or other communications, to all locations G. Appropriate floor covering and ceiling tile, which is mold and microbial resistant 929 DIRECTOR’S OFFICE - TRANSPORTATION FACILITIES

929.01 Size - as needed

929.02 Location A. Direct or convenient access to general office B. Convenient access to the corridor without going through the general office C. Convenient access to other areas

929.03 Activities Planning, research, and administrative activities conducted individually or in small groups.

929.04 Equipment Space and Facilities A. Room design should permit the director to confer without being overheard or seen in adjacent areas.

B. Conference desk and chair C. Work table convenient to desk for layout work D. Conference chairs E. Shelving F. Storage for personal belongings G. Telephone service and intercom to secretary

929.05 Assistant Director/Trainer Offices These spaces may be needed, depending on the size of the local transportation system.

929.051 Size - as needed 930 WORK ROOM - TRANSPORTATION FACILITIES

930.01 Size - as needed

930.02 Location Direct access to the general office and waiting room

930.03 Activities Preparation of materials, reports, and layouts of materials by both secretarial and other personnel

930.04 Equipment Space and Facilities A. Combination of open shelving and closed cabinets for storage of a variety of supplies and equipment B. Duplicating machine C. Work table or counter D. Lavatory E. Resilient floor covering 931 STAFF LOUNGE/TRAINING ROOM - TRANSPORTATION FACILITIES

931.01 Size - According to staff number

931.02 Location A. Direct access from a building corridor B. Location avoiding major traffic, yet reasonably close to the director’s office C. Restrooms should not have direct opening into the lounge area.

931.03 Equipment Space and Facilities A. Comfortable lounge furniture (if not used for training)

B. Kitchenette to prepare light refreshments C. Restrooms D. Pull-down projection screen E. Capability of darkening room F. Instructional board G. Bulletin board H. Tables and chairs (if used for training)

NOTE: The size of staff lounge/training room will vary, depending upon availability of space for training activities at other locations within the system.

932 GENERAL SERVICE BAYS - TWO (2) - TRANSPORTATION FACILITIES

932.01 Size - as appropriate to hold two buses simultaneously

932.02 Location A. Direct access to vehicle storage yard B. Access to tool room C. Access to parts room

932.03 Equipment Space and Facilities A. Mechanic work benches with wall space above B. Overhead beam and lift for engine removal C. Outlets for exhaust removal to the exterior D. Compressed air capable of operating pneumatic tools E. Cold water F. 120 volt plus either 240 volt, 208 volt or 480 volt electric single and three phase where applicable G. Trench drains connected to an oil-separation reservoir H. Non-slip concrete floor 933 HYDRAULIC LIFT BAY - ONE (1) - TRANSPORTATION FACILITIES

933.01 Size - as appropriate for one bus

933.02 Location A. Access to the new oil storage room B. Access to tool room C. Access to parts room

933.03 Equipment Space and Facilities A. Mechanic work benches with wall space above B. Adjustable length hydraulic lift for lifting entire bus at one time C. Outlets for exhaust removal to the exterior D. Used oil receiver E. Compressed air F. Cold water G. Electric - 120 volt plus either 240 volt, 208 volt or 480 volt single and three phase where applicable H. Floor drains connected to an oil separation reservoir I. Non-slip concrete floor 934 WASH BAY - ONE (1) - TRANSPORTATION FACILITIES

934.01 Size - as appropriate.

934.02 Location A. Fully partitioned space B. Adjacent to other service bays C. Easy circulation to and from the service yard D. Access to hot water heater room and mixing equipment

934.03 Equipment Space and Facilities A. Adequate heat and ventilation for year-round usage B. Water resistant floor and wall finishes C. Adequate drains and connected to an oil separation reservoir D. Non-slip concrete floor E. All electrical receptacles to be GFCI rated.

935 BODY REPAIR/PAINT BAY - ONE (1) - TRANSPORTATION FACILITIES

935.01 Size - as appropriate for one bus

935.02 Location A. Easy access to vehicle storage yard B. Access to paint equipment and supply room C. Access to parts room D. Must be self-contained space

935.03 Equipment Space and Facilities A. Mechanic work benches B. Heated, filtered make-up air and filtered exhaust air system C. Compressed air capable of operating pneumatic tools D. Cold water E. Electric, 120 volt plus either 240 volt, 208 volt or 480 volt single and three phase where applicable F. Floor drains connected to a sediment trap G. Non-slip concrete floor 936 SERVICE FACILITIES - TRANSPORTATION See Chapter 11, Sections 1107 – 1113.

937 ENGINEERING AND CUSTODIAL FACILITIES - TRANSPORTATION

Chapter 10 FACILITY SAFETY 1000 OVERALL FACILITY SAFETY All school facilities are designed, constructed, furnished, and maintained in a manner that enhances a healthy learning environment and necessary safeguards for the life safety, security, and health of persons who enter and use the facility.

The safety of each facility is determined upon compliance with the minimum requirements of the State Fire Code, and all other applicable federal, state and local requirements.

1001 STRUCTURAL SAFETY

All school facilities are to be designed, constructed, furnished, and maintained with methods, materials, and equipment that provide adequate structural safety, fire resistance and protection, and convenience in traffic circulation. All school facilities shall be in compliance with the state building code and all applicable federal, state and local regulatory agencies.

1001.01 The structural design elements shall provide the following:

A. The ability of the building to resist lateral forces such as are imposed by extreme winds and earthquakes B. The ability of the building to resist distortion and rapid deterioration from excessive or uneven foundation settling or the overstress of structural members and inadequate tying C. The ability of the building to carry the maximum live loads imposed on it by school and community use 1002 TYPES OF CONSTRUCTION AND AREA LIMITATIONS

1002.01 Buildings that require approved automatic sprinkler systems must be installed as per NFPA 13 Sprinkler Code and West Virginia Fire Code.

1002.02 Places of Assembly In educational facilities places of assembly shall include, but are not limited to, all buildings or portions of buildings used for gathering together 50 or more persons for such purposes as deliberation, worship, entertainment, dining, amusement, or awaiting transportation. Examples: gymnasiums, auditoriums, libraries, and cafeterias.

Classifications of places of assembly are explained as follows: Each place of assembly shall be classified, according to its capacity:

Class A, capacity of 1000 persons or more; Class B, capacity of 300 to 1000 persons; Class C, capacity of 50 to 300 persons. Refer to the NFPA 101 Life Safety Code to pick the appropriate type of building construction.

1003 FIRE PROTECTION

1003.01 Fire Safety In educational facilities, fire safety includes, but is not limited to, fire resistive construction, fire alarm systems, sprinkler systems, exits, enclosure of vertical openings, and evacuation plans. Each county shall ensure that fire evacuation plans are posted in all facilities.

1003.02 Refer to appropriate sections of West Virginia Fire Code and NFPA 101 Life Safety Code.

1003.03 Heating Plant and Kitchens A. The mechanical room shall be isolated from pupil-occupied areas by location and/or treatment (fire resistive construction).

B. Central heat plant installations shall be in accordance with appropriate state and local codes.

C. Kitchens must have ventilation and protection in accordance with the State Fire Code; NFPA 96, Vapor Removal Cooking Equipment and ASHRAE.

1003.04 Electric Services All wiring, connections, and electrical installations shall be in accordance with the WV Fire Code and National Electrical Code.

1003.05 Fire Alarm System

1003.051 General Requirements A. All fire alarm systems, including all components, shall be electrically supervised. Components shall include pull stations, automatic detection, sounding devices, flow switches, tamper switches, and main panel.

B. All fire alarm systems and wiring shall be in accordance with the National Electrical Code and the WV Fire Code.

1003.052 Requirements for Educational Occupancy A fire alarm system is required in every educational occupancy area (as defined in the WV State Fire Code), and such a system must meet the requirements and standards as provided herein. Educational occupancies area as defined in the NFPA 101 Life Safety Code. Exception: One or two room buildings of less than 2500 square feet gross floor area with two direct exits to the outside from each classroom.

1003.06 Fire Extinguishers A fire extinguisher shall be installed in accordance with the State Fire Code; NFPA 10, Portable Extinguishers.

1003.07 Occupant load Calculations A. The occupant load of educational facilities, or any individual stories or sections thereof, shall be as determined by the State Fire Code; NFPA 101, Life Safety Code.

B. Occupant load requirements of lecture rooms, gymnasiums, or cafeterias used for assembly purposes shall also be determined by the State Fire Code; NFPA 101, Life Safety Code.

1003.08 Emergency Lighting Every educational facility shall have emergency lighting as per NFPA 101 Life Safety Code, State Fire Code, and National Electrical Code.

1003.09 Extinguishment Requirement A. Every portion of each educational building below the floor of exit discharge shall be protected throughout by an approved automatic sprinkler system in accordance with the State Fire Code; NFPA 101, Life Safety Code.

B. Buildings that require approved automatic sprinkler systems must be installed as per NFPA 13 Sprinkler Code and West Virginia Fire Code.

1003.10 Vertical Openings All vertical openings in educational buildings shall be enclosed and protected by fire resistive construction, as required by the State Fire Code.

1003.11 Classrooms Every room or space used for classroom or other educational purposes that do not have a sprinkler system shall have at least one outside window used for emergency rescue or ventilation as per NFPA 101 Life Safety Code and WV Fire Code.

1004 NOTIFYING THE FIRE DEPARTMENT

Whenever a fire occurs in any building or on any premises of any kind, the owner, manager, occupant, or any person in control of such building or premises, upon discovery of afire, or evidence of there having been a fire, even though it has apparently been extinguished, immediately shall cause notice of the existence of such fire, circumstances of same, and the location thereof to be given to the Fire Department, West Virginia State Fire Marshal, and the West Virginia Department of Education Office of School Facilities. This requirement shall not be construed to forbid the owner, manager, or other person in control of the aforementioned building or premises from using all diligence necessary to extinguish such fire prior to the arrival of the Fire Department.

No person shall make, issue, post, or maintain any regulation or order, written or verbal, which would require any person to take any unnecessary delaying action prior to reporting a fire to the Fire Department.

1005 CIRCULATION, SAFETY, AND CONVENIENCE

1005.01 Corridors A. Each corridor shall be a minimum of 6 feet wide in the clear. Room and locker doors swinging into corridor shall not, at any point of the swing, reduce the minimum clear passage.

B. A means of egress shall exist at each end of a corridor, and in no case shall any corridor extend more than 20 feet beyond an exit.

C. Doors separating corridors from stair enclosures shall be B Label fire rated doors and swing in the direction of exiting.

1005.02 Stairways A. All stairways shall conform to the requirements of the State Fire Code; NFPA 101, Life Safety Code. Life Safety Code provides details for construction and dimensions.

B. Closets, storage areas, or other rooms or spaces shall not open into the stairway enclosure; nor shall such space be permitted under or over stairways.

C. Buildings of more than one story have a minimum of two stairways, located remote from each other, which provides a continuous exit to the outside. Additional stairways may be necessary, dependent upon occupant load and square footage of the floor(s).

1005.03 Exits A. All buildings, including one-room buildings, or classrooms over 1000 square feet shall have a minimum of two exits, remote from each other.

B. All exits shall comply with the State Fire Code, NFPA 101, Life Safety Code, which provides information for determining number, kinds, arrangement, and capacity of required exits.

1005.04 Signs A. All auditoriums, assembly areas, gymnasiums, stairways, corridors, and exits should have illuminated signs marked “EXIT” in plain, legible letters (with direction arrow, if necessary) as per the appropriate codes.

B. Low hanging signs, ceiling lights and similar objects, signs and fixtures that protrude into regular corridors or traffic ways shall be avoided. A minimum height of 7 feet 6 inches from the floor is required.

1006 OTHER CIRCULATION AND TRAFFIC PROBLEMS WHICH NEED SPECIAL ATTENTION

1006.01 The plan of the drive and bus-loading platform shall meet the Highway Safety Program Guideline 17 and should be such that all buses can line up in tandem, permitting children to enter the bus from the right (that is, without crossing in front or to the rear of buses). No backing up of buses will be permitted.

1006.02 Access to the school grounds should be such that pupils coming to the site do not need to walk through any part of the building to get to the playground.

1006.03 Pupil circulation to and from toilet units is simplified when these units and hand washing facilities are located as follows.

A. On normal traffic routes from instructional spaces to outdoor recreation areas B. Adjoining playgrounds so that the building proper need not be entered by playground users C. Near cafeteria or lunchroom 1007 DEMOLITION, RENOVATION AND ALTERATION Before embarking on a renovation project, there are preliminary steps, which must be taken. The existing facility must be examined carefully. Information about the educational program, the community, enrollment, and so forth must be assembled and analyzed. Educational goals must be clearly established and alternative solutions to the facilities problem (including renovation, renovation plus additions, demolition and replacement, or new site acquisition and new construction) must be developed and compared.

1007.01 An assessment of the existing facility should include an examination of at least the following areas:

A. Program support B. Structural soundness C. Adaptability of the building D. Adequacy of space E. Aesthetics F. Operational and maintenance efficiency G. Condition of mechanical systems H. Compliance with safety codes I. Location J. Site characteristics K. Cost of project L. Identify all hazardous materials (e.g. lead, asbestos, PCB, etc.) and plan for their management and remediation.

M. Condition of the electrical system N. Temporary Exiting Strategy 1008 EMERGENCY SHELTERS

1008.01 Professional advice and assistance in the design of shelter areas for school buildings is available at no cost to architects and school boards. This service is obtained through the state Department of Emergency Services.

1008.02 Each county shall ensure all facilities have a plan for locating students and staff for shelter-in-place including a plan for shutting down the HVAC system including all exhaust systems.

1009 MODULAR OR DETACHED CLASSROOM STRUCTURES

1009.01 These installations shall be made with prior approval of the West Virginia Board of Education and only to relieve overcrowding or to provide interim housing while an approved school construction project is being planned and/or completed. Approval for continued use beyond three years must be obtained from the WVBE. Local school districts must include in their CEFP a method and time frame for replacing these buildings with permanent structures. These buildings shall comply with all state regulatory requirements, including installation of potable water and restroom facilities for early childhood (K-5), applicable building, fire and public health codes, and ADA compliance.

1010 SAFETY AND CLEANLINESS OF BUILDINGS

1010.01 All schools must be maintained in a safe condition. Scheduled inspections by properly trained and/or licensed staff will ensure that facilities are kept in a state as near to the original condition as possible at all times. Facilities shall also be kept clean and sanitary at all times by scheduled cleaning of all sections of the buildings. This shall be ensured by regular inspections for compliance with scheduled cleaning and maintenance tasks.

1010.02 Materials which, under normal use conditions, may release formaldehyde in excess of .1 parts per million or asbestos in accordance with 40 CFR Part 763 Asbestos Containing Materials in Schools (AHERA) which contribute to levels of indoor air pollutants considered potentially harmful to human health, shall not be permitted in building design. . This includes that an Asbestos Management Plan (AMP) is developed and maintained for all school buildings owned or leased. Asbestos Management Plans are even required for all newly constructed school buildings even if they are certified asbestos free in compliance with federal regulation. All AMP are to be approved by the West Virginia Department of Health and Human Resources’ Bureau for Public Health. In addition, all field devices and equipment are to be mercury free, except for fluorescent lamps, which are to be in accordance with Section 1102.031D.

Exposure to lead, especially from paint products before 1978, may cause devastating health hazard to young children, resulting in long term health effects, i.e., learning disabilities, decreased growth, hyperactivity, impaired hearing, etc. Therefore lead based paint in child occupied buildings constructed prior to 1978 should be monitored and maintained in a safe condition in compliance with state public health law and rule (16-35 and 64 CSR 45). A child occupied building is defined as an area(s) where a child age 6 or younger is located for three (3) hours per day twice a week, i.e., child care centers, pre-kindergarten and kindergarten. By policy child care centers in a facilities built prior to 1978 must have a lead risk assessment conducted prior to being licensed. A risk assessment is a plan developed to address lead hazards located within a facility.

1010.03 The Integrated Pest Management program, as per West Virginia Code shall be used for termite and rodent control. Prior to pesticide use, staff and parents are to be notified if they have requested this notification.

Chapter 11 BUILDING ENVELOPE/MEP/INDOOR ENVIRONMENTAL SYSTEMS AND TECHNOLOGY 1100 COMMON ENVIRONMENTAL FACTORS All new or renovated schools are to be designed, constructed, furnished, and maintained in a manner which incorporates appropriate technology into the common environmental factors which facilitate the educational program of the school. Spatial and aesthetic considerations are incorporated into the school design, construction, equipment, and maintenance. The thermal, visual, and acoustical systems are balanced in a manner, which properly controls the environment and facilitates the educational program of the school for all seasons.

The selection of an HVAC system is dependent upon multiple factors including the following components: the original cost, the operating and maintenance cost, replacement cost, and the size of the building. Technical consultation concerning the type of heating, ventilating, and air conditioning (HVAC) system to be utilized shall be secured from registered professional engineers. Designers shall submit the approximate cost per square foot for the first year of operation and Life Cycle Cost Analysis to county superintendent of schools, SBA and WVDE during the Schematic/Design Development phase of design. The targeted Energy Usage Index (EUI) shall be submitted to the WVDE and SBA during the schematic/design development stage of the project. The maximum designed target EUI should be 45 or lower.

Through the U.S. Environmental Protection Agency there is the opportunity to provide ENERGY STAR recognition for schools that rank in the top quartile (25%) for energy efficiency compared to similar schools nationwide. An ENERGY STAR schools’ designation is encouraged to be sought for all new schools built in compliance with Policy 6200.

School facilities must be in compliance with the requirements of the State Fire Code, State Health Department, SBA School Access Safety Plan and other regulatory agencies. New schools utilizing Policy 6200 will be designed and built in compliance with the West Virginia State Building Code.

Designers shall utilize current ASHRAE standards including adopted addendums as per WV Code §18-9E-3. Schools using WVDE Policy 6200 shall be designed and built in compliance with the applicable West Virginia State Building Code at the time of the project is funded by either the SBA or locally.

ASHRAE Standard 62 (Ventilation for Acceptable Indoor Air Quality) shall be the governing standard when there are conflicts between other standards.

Designers shall provide a written narrative to the county, SBA and WVDE explaining the design intent, which will provide the logic and background for the mechanical system chosen. The design intent statement shall include a brief explanation for the selection of the HVAC system and how it addresses ASHRAE 62 requirements, energy efficiency, acoustics, varying occupancy use of the facility, and the building automation system. The designer shall also take into consideration the county maintenance personnel’s ability to operate and maintain specific HVAC systems including the building automation system (BAS).

On all SBA or locally funded construction or renovation projects, designers shall provide an electronic copy of all sets of final architectural drawings and specifications in a non-editable format to the WVDE Office of School Facilities and Transportation using the SBA’s requirements as listed in the construction document submission phase guidelines. Specifications prepared by designers shall require that warranties and brochures be furnished to the county board of education by the installing contractor on all equipment. Record product data shall be submitted in electronic format.

Designers shall also provide to the WVDE Office of School Facilities and Transportation, the SBA staff, and the appropriate county board of education personnel one electronic copy of the basic floor plan of the facility in PDF format that includes information such as room numbers, door location swings and door positions, accurate numbering utility entrances and shut-off locations. This drawing will be used for HVAC training, fire evacuation plans, school access safety plans, and floor plans for students.

1101 THERMAL ENVIRONMENT

The school facility is designed, constructed, equipped, and maintained in a manner, which provides for maximum safety, comfort, and economy. The heating, ventilating, and air-conditioning systems in all school facilities shall be in compliance with the requirements of applicable regulatory agencies.

1101.01 Minimum functions of the space conditioning system employed to maintain the proper thermal environment in a school building are as follows.

A. Supply heat for warm-up and balance heat losses from the room to the outside.

B. Supply conditioned and dehumidified outside air to meet ventilation requirements.

C. In special cases, the system must remove injurious or noxious gases, vapors, fumes, and dust by the induction of outside air, filtration, and/or exhausting contaminants.

D. Minimum outside design criteria 1. Winter - 0°F db 2. Summer - ASHRAE 1%Climatological Data (Cooling and Dehumidification Data)

E. Indoor occupied and design criteria 1. Winter - 70°F, humidity </=60% rH 2. Summer - 72°F, humidity </=60% rH F. Include the inside and outside design conditions on the equipment schedule sheet of the design development/construction drawings.

1101.02 HVAC systems should be of sufficient rated capacity to meet the building requirements under maximum design conditions including local weather conditions as per 1101.01. This will avoid sustained operation beyond the capacity of the system. HVAC systems shall be designed to be operational year round. Systems should not be shut down when the building is unoccupied.

1101.021 Operative Temperature It is desirable that HVAC systems provide a maximum temperature gradient not to exceed 2°F from floor to 60 inches above the floor.

1101.022 Air supply Space conditioning systems will have sufficient capacity to provide for introduction of conditioned and dehumidified outside air. The amount of outside air will meet guidelines set forth by current ASHRAE Standard 62.

1101.023 Air Movement Distribution of air shall consider effective air cleaning, temperature control, low noise level, acceptable humidity conditions and proper air distribution.

A. Air motion should generally fall within a range of 25 to 50 feet per minute and should be maintained at a constant rate, unless a variable air volume (VAV) system is used with a pattern that prevents temperature stratification or undesirable air currents.

B. Special provisions may have to be made in the window zone to overcome the effects of cold window down draft.

C. Since positive pressure is required in conditioned areas, with the exceptions of bathrooms, custodial closets, science areas, and other areas that may have air contamination, approximately 5-10 percent more air should be introduced than is exhausted, thus minimizing infiltration. The designers should perform an air balance calculation to determine all the outside air supplied into the building against all air exhausted from the building to verify building overall space pressure relationships are maintained. The amount of excess outside air should be determined using appropriate engineering practices for the specific application. If duct liner is used it shall be rated for a minimum velocity of 5000 fpm, and be treated with an EPA approved anti-microbial agent proven to resist microbial growth as determined by ASTM G21 and G22. Use of duct liner shall be limited to the first 15 feet or to the first joint past the first elbow in the supply and return ductwork, whichever is the shortest distance. Duct liner beyond 15 feet is allowable in gymnasiums or other areas where exposed ductwork is used for budgetary reasons.

D. Velocity of air across cooling coils shall not exceed 500 fpm to prevent moisture carryover.

E. Room temperature sensors or thermostats located in occupied spaces may have the capability for local temperature set point adjustment to regulate space temperatures, but may not have the control capability to allow the occupants to control the fan operation.

F. The condensate traps made of non-corrosive materials or copper shall be designed to operate at greater than 1” w.g. more than the static pressure of the HVAC unit.

G. If flexible duct is to be used, the duct shall be of the internal corrugated metallic type or internal high-pressure fabric with a pressure rating of at least 10” w.g. positive and 5” w.g. negative with a bursting pressure of at least 2 times the working pressure, and externally insulated. The duct shall be rated for a minimum velocity of 5000 fpm. There shall be a maximum of one (1) 90° bend and a maximum length of six (6) feet.

H. Include in the selection of the grilles, registers, and diffusers the NC (noise coefficient) rating that meets the ASA recommendations. Include the design NC rating for each device in the equipment schedule and/or the specifications.

1101.024 Humidity Control Levels in the space shall meet the requirements set forth in Sections 1101.01E1 & E2. An automatic mode of operation through the building control system shall maintain the humidity levels below 60%.

1101.025 Air Filtration Filtering, washing, screening, absorption, or other cleaning methods may be used. The HVAC units should be installed with the most appropriate filtration available for the type of equipment selected. It is desirable that HVAC units be designed with a minimum ASHRAE dust spot filter efficiency of 80% (MERV 13) but in no case shall the filter efficiency be less than 30% (MERV 8). The filters efficiency rating shall meet the latest ASHRAE Test Standard 52.1 and 52.2.

1101.03 Consideration should be given for a fully integrated and distributed network DDC control system with remote access to be used to control major HVAC equipment and outside lighting in new school facilities and full building HVAC renovations. If a DDC system is used, a PC terminal with a graphics interface program shall be used to access the control system and shall be located within one of the county school facilities. This control system shall use control logic to maximize energy efficiencies. All HVAC zones shall be independently operated and controlled.

1101.031 The WVDE OSFac shall provide county maintenance personnel additional training, if necessary, on the equipment and it’s controls at the site of the installation per WV Code §18-9E-3f after appropriate training per Policy 6200 has been completed.

1101.032 After completion of the required training, the WVDE OSFac’s staff shall provide the County Board a report summarizing the training that was completed and a plan for continuing education of the county’s HVAC staff. If sufficient staff is not available to the county to perform maintenance on HVAC systems, the WVDE staff shall assist the county in the development of an immediate and long range maintenance plan to ensure that HVAC systems are maintained and operated according to the manufacturer’s recommendations per WV Code 18-9E-3g.

Designers will be required to ensure that the integrated training of all manufacturers’ components as a single HVAC system is provided.

1101.04 Boards of education, before accepting the mechanical contractor’s work, shall receive complete training regarding the operation and maintenance of the mechanical equipment and should insist that a designated school employee(s) be given direct instruction by one or more competent representatives of the contractor or equipment firms. The training shall be completed prior to the turnover of the building to the Board of Education. For major mechanical and electrical equipment and systems (including HVAC control systems) there shall be a minimum of 1 day follow-up training at 6 months after facility turnover. All training shall be videotaped and turned over to the county board of education. Designers shall specify the time duration of each specific training session required. The WVDE OSF shall be notified two weeks prior to training.

1101.041 The HVAC bid documents shall require a two year full maintenance contract commencing at the issuance of the HVAC substantial completion certification. The WVDE OSFac shall support the training and service contractors for county HVAC personnel during the first year maintenance and service agreement period to assure that the county personnel fully understand the HVAC system as a fully integrated system. The WVDE Office of School Facilities and Transportation HVAC Technicians shall review the preventive maintenance plan developed by the service contractor that will be implemented after the two year maintenance program expires.

1101.05 Inspection of Systems (Testing, Adjusting and Balancing)

Designers shall provide TAB contract documents to the counties for bidding independently of the construction documents in accordance with WV State Code.

Specifications for TAB procedures shall include requirements for acoustical measurements to verify ASA guidelines.

1101.051 The county Board of Education should consider a commissioning agent to assure that the HVAC system is designed and installed in accordance with the county’s requirements. The SBA may designate the necessity for a commissioning agent on complex renovations or new schools. The standards of services for commissioning agents are set forth in SBA policy.

1101.06 Indoor Air Quality Standards A. There shall be no open-flame, fuel burning heaters in student and staff occupied spaces. Direct gas fired 100% outside air makeup units for kitchen hoods or specialty locations may be considered providing they include carbon monoxide monitoring and alarming and are only used for 100% outside air makeup applications. This equipment shall be located in enclosed rooms or cabinets using outside air for combustion and be properly vented to the outside in a manner that exhausts all flue gases using appropriate piping as per ASHRAE, NFPA 54, and AGA standards B. Outside air intakes shall be located no closer than 15 feet or the standards set forth by ASHRAE Standard 62, whichever is greater, to stacks, exhaust, vents, motor vehicles and other sources of contaminates to minimize cross contamination. Distance requirements dictated by ASHRAE Standard 62 for outside air intakes from the ground and level shall also be observed. Stacks shall be designed to exhaust flue gas away from the building.

C. Electric powered carbon monoxide monitor/alarm shall be installed in each area that produces combustion gases. The carbon monoxide monitor/alarm shall be tied into the building control system and alarm when activated.

D. Outside air dampers shall fully close when the units are off and maintain the minimum required outside air in accordance with ASHRAE Standard 62 during occupied operation in all areas.

E. Heat Recovery systems are recommended for 100% outside air systems. All heat recovery systems shall be constructed to limit cross over contamination.

F. It is desired that return air dampers should be sized to produce air velocities of 1500 to 2000 fpm for thorough mixing. The damper should be set such that any deflection of air is towards the outside air to create maximum turbulence and mixing. The mixing damper shall extend across the full width of the unit even though the physical location of the return duct indicates that it could enter through the side to eliminate stratification.

G. The HVAC cabinet insulation shall have a non-porous facing on the side exposed to the air stream in areas of potential moisture buildup (cooling coil, outside/mixed air section, etc.). The outside air ductwork located indoors shall be externally lined only.

H. All drain pans shall be double sloped to the drain outlet, the drain outlet is to be flush with the bottom of the drain pan, and meet the requirements of ASHRAE Standard 62.

1101.07 HVAC System It will be the responsibility of the HVAC design professional working with and in collaboration and cooperation with the WVDE, SBA and the LEA to design a system that enhances indoor air quality, thermal comfort, and maximizes energy efficiency of the facility prior to the approval of the system by the WVDE and the SBA.

A. The county school system shall be provided an opportunity to select existing or desired brand of equipment through base bids and alternates in bid documents to accommodate capability of current system.

B. All systems shall have a detailed sequence of operation written in the specifications by the HVAC design engineer. All set points, differentials, lockouts, etc. shall be defined in the sequence of operation. The sequence of operation shall include the following as a minimum: occupied/unoccupied, economizer control, morning warm-up/cool-down, dehumidification, summertime low-load operation, optimizing start/stop, demand controlled ventilation, fan control/operation, and alarms.

C. HVAC systems shall include the following criteria:

1. Air velocities across HVAC cooling coils should not exceed 500 fpm. The coils shall have a maximum of 12 fins per inch, when possible.

2. HVAC systems should utilize modulating or staged heating with a minimum of 2 stages. HVAC units utilizing two staged heating should have a minimum turn down capacity of 2 to 1 and units with modulating heating capabilities should have a turn down capacity of at least 6 to 1. Modulating heat is the preferred heating method due to its ability to maintain more consistent room temperatures.

3. Adjustable/temporary motor and fan sheaves shall be replaced with fixed sheaves at the completion of testing, adjusting, and balancing.

4. Each classroom shall constitute a zone and have its own temperature control device that directly regulates room temperature.

5. Temperature control devices in the classroom shall have minimum accuracy of ±1°F and humidity control devices of ±3% rH for a retrofitted system and ±0.5°F tolerance and ±3% rH for new systems.

6. Fans should be selected for maximum efficiency that will yield minimum noise generation.

7. Permanent I. D. labels on all HVAC and electrical equipment shall be installed. Labeling of electrical equipment shall include the equipment it serves.

8. The mechanical engineer shall provide within the specifications for a contractor to include a preventative maintenance program for all HVAC equipment including: BAS software, listing of belts, filters, spare parts, nameplate data, recommended maintenance increments for preventative maintenance tasks, and training on preventative maintenance.

9. A premixed chemical water tank shall be used for makeup water for all closed loop hydronic systems. Consider interfacing low fluid level alarm into BAS system when available.

10. Provide lockable ball valves on expansion tanks.

11. Provide pressure gauges on expansion tanks.

12. Provide appropriate isolation valves on all equipment. Provide isolation valves on the supply and return piping on all equipment.

13. Provide calibrated balancing valves on all hydronic equipment where required for balancing as per manufacturer’s recommendations. Ball valves are not acceptable for balancing.

14. Recommend providing stainless steel, ceramic, or fiberglass for basins and other surfaces in contact with condenser water in cooling towers.

15. HVAC units that have multiple compressors shall have independent refrigerant circuits for each compressor.

16. All drain ports on back-flow preventers, pressure relief valves, and safety valves shall be piped to a drain in accordance with the local plumbing code.

17. All closed loop water systems shall use scale and corrosion inhibitors as a part of the general water treatment process.

18. If a glycol solution is used in closed loop water systems, the use of ethylene glycol is prohibited for new systems.

19. All open loop condenser water systems shall use biocide(s), scale and corrosion inhibitors as a part of the general water treatment process. These products shall be automatically controlled and fed as directed by a competent water treatment vendor. Water treatment controls for the open loop system shall consist of a conductivity controller, automatic blow-down valve, and chemical feed pump for each water treatment product to be fed. All water treatment controls equipment and chemicals shall be located in a temperature-controlled space in close proximity to the cooling tower.

20. The blow-down drain for cooling towers and evaporative coolers shall be piped to an appropriate drain line.

21. All water lines and chemical feed lines must be protected from freezing conditions by insulation and heat tracing.

22. Specify all field devices and equipment to be mercury free.

23. Diffusers and grilles shall not have balancing dampers. Balancing dampers shall be located in the ductwork not easily accessible by building occupants.

24. Multiple HVAC units serving a common area should use control logic that prevents overlapping of heating and cool set points between HVAC units. All HVAC equipment with 3 phase electrical motors shall have phase monitors to automatically shut down the equipment during phase losses. 25. Hail guards shall be required for all outdoor -mounted equipment with exposed condenser coils when equipment is subject to hail damage.

25. Major roof mounted HVAC equipment shall be accessible via interior roof hatches or doorways.

26. Provide a means to meet HVAC system requirements in specialty areas (i.e. elevator equipment rooms, technology rooms) that require extended HVAC operation without operating large central equipment for only a small area of the facility. Consider operating dual systems to maximize use of energy efficient equipment during primary operating hours and separate system during “after hours” operation where energy and operating savings justify the dual operation.

D. All newly constructed buildings, additions, and HVAC replacements, where the possibility of harmful airborne contaminants could enter the building through the ventilation system, shall have “shelter in place” control sequence included in the building control system. The sequence shall be initialized by manual switches located in the administrative and central mechanical room areas of the facility to shut down all components of the HVAC system to prevent outside air from entering the building.

1101.08 DDC control systems A. Label all components in interface and control panels.

B. Provide laminated schematic diagram and attach to inside of interface panel.

C. Graphics shall accurately represent facility components and architecture. Graphics shall also have room and equipment numbering that matches the county’s final building numbering scheme. D. Analog BCS input and output devices shall be field calibrated or adjusted to represent actual positions at the time of installation.

E. Nomenclature on inputs and outputs shall represent the true logical positions of the devices controlled.

F. All external devices on the DDC system shall have I.D. labels.

G. Provide sufficient schedules to cover yearly school holidays and special events.

H. List spare parts needed for DDC system.

I. An accurate and detailed set of record drawings, sequence of operation, and control drawings are to be provided for the HVAC system and controls.

J. Provide sun/weather shields for all outside sensors. Indicate the location of all outside sensors on the design drawings.

K. An exercise program shall be included as part of the DDC system to open and close automatic control valves and actuators 2 full strokes if the device has not modulated fully open and closed within 7-days.

1102 VISUAL ENVIRONMENT

The school facility is designed, constructed, equipped, and maintained in a manner, which provides a good visual environment. The facility is attractively painted and illuminated in a manner, which most effectively contributes to an environment of visual accuracy and comfort. All schools are in compliance with requirements of applicable regulatory agencies. Plans and specifications for new or substantial renovations should be developed to achieve as many of the desired lighting goals as possible in the original construction with due consideration for the need of maintaining a balance between the visual and other major environmental factors. Proper visual environment lessens the expenditure of energy required for students and teachers to carry on visual tasks in the instructional space. A sufficient quantity of light is essential for good visual conditions. However, a task becomes visible, not by the light falling upon it, but by reflected brightness. Visual comfort and efficiency may best be achieved in an environment in which the brightness difference would be as small as possible between the task and the brightest surface and between the task and the darkest surface in the total visual field while the general level of illumination is high. Informal seating in the instructional space has gained wide acceptance. The visual field, therefore, must be recognized as encompassing all four walls, the floor, and the ceiling.

Where design considerations permit, the facility will be constructed in a manner that encourages the use of natural light.

1102.01 General

1102.011 Technical assistance from qualified lighting engineers is generally required to ensure adequate visual conditions within spaces.

1102.02 Desirable Brightness

1102.021 In an instructional space, the brightness of any surface viewed from any normal sitting or standing position should not be excessively greater than the brightness of the visual task. As the high brightness of surfaces in the visual field approaches the brightness of the task, visual comfort and efficiency increase.

1102.022 In an instructional space, the brightness of any surface viewed from any normal standing or sitting position should not be excessively lower than the brightness of the visual task. As the low brightness of the surfaces in the visual field approaches the brightness of the task, visual comfort and efficiency increase.

1102.023 The brightness of surfaces immediately adjacent to the visual task is more critical in terms of visual comfort and efficiency than that of more remote surfaces in the visual field. These adjacent surfaces have lower acceptable brightness limits than surfaces farther removed from the task.

1102.024 The brightness difference between adjacent surfaces in the total visual field should be reduced to an acceptable minimum.

1102.025 The characteristics of any lighting system should be such that direct and reflected glare are not objectionable.

1102.026 Daylight and electric light systems should conform to the same brightness and brightness difference goals, and both systems should be coordinated in design to assure the effective contribution of both.

1102.027 The brightness goals stated above assume an illumination level of range 30 to 150 foot-candles on the reference task produced by combined radiant energy of daylight and any system of electric lighting used.

1102.03 Light Source

1102.031 Electric lighting systems should be evaluated on the basis of the following items:

A. The lighting should produce a uniform distribution of shadow-free and glare-free illumination with the intensities necessary to maintain an acceptable brightness balance between the tasks and other surfaces within the total visual environment.

B. Consideration should be given to probable deterioration of service efficiency under prevailing conditions of school operation and maintenance.

C. Lighting fixtures should not produce a surface brightness on the fixture or on the ceiling that exceeds ten times the task brightness.

D. Light Emitting Diode (L.E.D.) lamps are to be specified as energy saving T-8 or better with a color temperature of 3500K or greater, a minimum CRI (color rendition index) of 82, and low-mercury containing as determined by TCLP (Toxicity Characteristic Leaching Procedure) testing.

1102.032 Where daylight supplements artificial illumination, controls (preferably fixed) should be as follows.

A. Exclude direct sunlight and at the same time admit about 15 percent of the outdoor brightness B. Provide a surface free from excessive brightness or glare C. Permit ease of maintenance

1102.04 Surfaces within rooms should be finished in accordance with the following items.

1102.041 Ceilings should provide a 70 to 90 percent reflection factor, flat, white surface.

1102.042 Upper walls (from wainscot or dado upward) should provide a surface with a reflection factor of at least 60 percent.

1102.043 Lower walls (from wainscot or dado downward) should provide a surface with a reflection factor of at least 60 percent.

1102.044 Where maintenance conditions permit, it is considered good practice to finish entire walls, from ceiling to floor, with surfaces having a 60 percent reflection factor.

1102.045 Finishes should be flat or matte on all interior surfaces, particularly at eye level or above.

1102.046 Trim should provide a surface with a 40 to 60 percent reflection factor.

1102.047 Desks and equipment should have finishes that fall within the 35 to 50 percent reflection factor range.

1102.048 Floor finishes should fall within the 30 to 50 percent reflection factor range.

1102.049 Marking boards are available with practicable maximum reflection factors of 20 percent. This high factor range is practical only when the level of illumination is sufficiently high to overcome the loss in visibility due to reduced brightness difference between chalk and the light colored board.

1103 SONIC ENVIRONMENT

The new or substantially renovated school facility is designed, constructed, equipped, and maintained to meet ASA guidelines, which provides for the control of sound within a particular space so that internal sound can be heard well and unwanted sounds are prevented.

1103.01 General

1103.011 The services of an acoustical engineer may be desired and should be considered when designing educational spaces.

1103.012 Although it is often impossible to prevent the creation of unwanted noises, it is both possible and practicable to prevent excessive noises, which inhibit hearing and create distractions.

1103.02 Zoning

1103.021 The concept of zoning as related to acoustical engineering revolves about the basic premise that prevention is better than correction.

1103.022 Site A. Every effort should be made to acquire a site that has a relatively low ambient noise level.

B. Planting of trees, bushes, and shrubs around the perimeter of the site, particularly on noisy sides, will provide added noise reduction.

1103.023 The Building A. It is important, where possible, to group noisy activities with other noisy activities, such as playgrounds, gymnasiums, music areas, and shops.

B. Administrative facilities, general instructional spaces, media centers, and other similar areas should be grouped together in a quiet zone somewhat removed from noisy activities.

C. Intermediate between the two extremes may be rooms where machines are used, the cafeteria, and home economics facilities.

D. If these various activity levels are not adequately separated by space, then it is necessary to intercept these noises to the degree necessary to prevent them from conflicting with each other.

1103.024 Instructional and Service Facilities A. Administrative Offices 1. Noise reduction by treatment, in the form of absorbent materials, is invariably mandatory to keep speech levels low and to keep sound from office machines and traffic noise at a minimum.

2. It is advisable to provide sound-intercepting barriers to keep noisy activities in some administrative rooms from interfering.

B. Corridors 1. Unless adequate noise reduction treatment is provided in corridors, they act as communication channels conveying a sound or noise throughout the building.

2. Acoustical treatment in such passageways should be placed on the ceiling and may also be placed on walls.

C. Instructional Spaces 1. Instructional spaces should be treated for noise reduction to meet ASA guidelines.

2. The degree of sound interception requiring instructional space boundaries depends upon adjacent activities.

D. Media Center 1. Noise reduction treatment, coupled with adequate sound interception, is a primary requisite in this area, where there may be disturbing and/or distracting sound from a nearby activity.

E. Shops 1. Adequate noise reduction treatment is essential, and adequate interception should be provided in the boundaries.

2. Where doors are left open, shop layouts must be oriented so that openings are away from academic and similar activities.

F. Cafeterias 1. An environment with a somewhat critical reverberation control is desirable.

2. Kitchens should have considerable noise reduction treatment because the noise from a reverberant kitchen can be conducted to the dining room area.

G. Gymnasiums 1. An environment with a somewhat critical reverberation control is usually desirable.

2. Where facilities are near quiet areas, adequate interception must be built into the boundaries.

H. Restrooms 1. Better-planned schools provide noise reduction treatment in restrooms, as well as special sound interception measures within the room boundaries.

I. Music Rooms 1. Choral, band, and orchestral rehearsal rooms require critical reverberation control over a wide range of pitches.

2. Maximum noise reduction is not the correct solution.

3. Individual practice rooms are usually most satisfactory when provided with maximum noise reduction treatment.

4. Maximum sound interception is advisable.

5. Special attention should be given to ensure that strategic walls are not reduced in sound interception capabilities by the insertion of clocks, electrical outlets, or ventilating grilles.

J. Auditoriums 1. From the standpoint of noise control, the auditorium is one of the most critical rooms in the entire unit or plant.

2. The level of noise (including that from the ventilating system, heating system, water supply, and external sources) must be kept low.

3. Adequate barriers must be provided to intercept sounds from such sources as traffic and mechanical equipment rooms.

4. The proper acoustical environment of the auditorium is a highly scientific problem; therefore, technical assistance from an acoustical engineer should be secured in order to provide a reasonable environment.

K. Heat Plant 1. Isolated from pupil-occupied areas by location and/or treatment.

1104 SPATIAL AND AESTHETIC ENVIRONMENT

The school facility is designed, constructed, equipped, and maintained in a manner, which provides an effective, efficient, safe, and attractive facility and represents the educational philosophy outlined in the CEFP.

1105 BALANCED CONDITIONING OF SPACES

1105.01 The form of the facility follows the educational function and is designed to achieve adequate and economical conditioning of educational spaces and must be done by specialists (e.g., architects, engineers, or certified school planners) that are highly specialized in each of the separate major fields involved.

1105.02 When value engineering is required, the following list of priorities should not be compromised to assure maximum functionality during the life cycle of the building:

A. The safety, health, and comfort of teachers and students B. The operational success of the educational program C. The protection of the investment in the building D. The maintenance and repair budget 1106 FIRE INSURANCE

1106.01 Some economy in the lifetime operation and maintenance of a building may be achieved when future fire insurance assessments are considered in the planning stages.

1106.02 Items Affecting Insurance Premiums A. The building’s exposure to adjacent properties not under the jurisdiction of the Board of Education B. The location and treatment of “hot spots” - potential hazards - within the building C. The degree of internal and external protection, such as heat and smoke detectors, sprinklers, extinguishers, and alarms D. The degree of fire-resistance of component construction materials and of the building totally

1106.03 For new construction, insurance values and costs can be estimated by having plans and specifications reviewed by the West Virginia Board of Risk and Insurance Management.

1107 ROOFS

1107.01 Unless waived in exceptional circumstances, all new roof areas shall have a minimum slope as per WV Code §5-6-16. This shall include roofs with built-up membrane, as well as single-ply membrane systems.

1107.02 Roof plans shall indicate the location of all walkway pads from roof hatches to and around major HVAC equipment.

1108 WATER/SEWAGE FACILITIES

All schools shall contain adequate service facilities that are designed, constructed, maintained, and equipped to facilitate the operation of the school.

1108.01 Sanitary Facilities - Water Supply and Sewage Disposal The water supply and sewage disposal systems of all schools are designed, constructed, maintained, and equipped to facilitate the operation of the schools. The sanitary facilities systems meet all requirements of state and federal regulatory agencies. Restroom facilities are ADA accessible and are provided on each floor level of the building and contain hot and cold water mixing faucets and provisions for privacy. Paper towels and toilet tissue are provided at all times. Service sinks with hot and cold water are provided in each custodial closet, in the custodial general service area, and in the food service area.

1108.011 Adequate source of water supply that is both safe and potable. Tests to verify the quantity and sanitary quality must be conducted prior to the occupation of the school. The state and/or local health departments welcome the opportunity for consultation regarding water conditions prior to site selection or acquisition.

1108.012 Ample supply and storage of water should be available at all times for present and future expanded needs. The quantity of water shall meet the appropriate code requirements.

1108.013 Water must be safe for use, as determined by state and/or local health authorities, and maintained safe by protection of source of supply, treatment if necessary, and periodic analysis.

1108.014 Sewage disposal system design requires the technical services of a licensed sanitarian. The type of installation depends upon the character of the soil as determined by percolation tests, location of wells, and sources of water supply. State and local health departments will provide maximum assistance in the development of approved sewage disposal systems in rural and suburban areas.

1108.015 The sanitary protection of an individual water supply and/or sewage disposal system shall be upgraded to meet current standards when any renovation or addition is to be provided at an existing school.

1108.016 All on-site water supplies and extended aeration treatment sewage plants will require personnel that are properly certified by the West Virginia Department of Health to operate these systems.

1108.017 All hydronic systems shall have an approved back flow preventer device placed on the make-up water line to prevent contamination of the potable water supply. All laboratories shall be isolated from the remainder of the school by an approved back flow preventer device on the water line. Back flow preventer devices are to be shown on plans submitted for review and included in the specifications to the West Virginia Department of Health.

1108.018 The required ratio of toilets, urinals, lavatories or wash fountains and drinking fountains shall be maintained when a renovation or an addition enlarges due to school population.

1108.02 Restroom Facilities Federal regulations demand that restrooms shall have at least one toilet stall and meet ADA standards.

1108.021 Restroom facilities should be provided for both sexes on each floor level of the school building. Some economy may be achieved if restroom rooms are located adjacent to each other with common utility space between for servicing; the same is true in multi-story buildings, where restrooms may be located one above the other.

1108.022 Entrances to restrooms must be designed to prevent direct and indirect visibility from the corridor.

1108.023 Restrooms for public use should be conveniently available to the auditorium, gymnasium, and other parts of the building commonly used by the public. Students’ general restrooms may be strategically located for public use in some cases.

1108.024 Restroom floors shall be of an appropriate material that is conducive to sanitation and cleanliness needs.

1108.025 Wall surfaces should be of impervious material, such as glazed tile, to a height of at least 6 feet, and preferably to the ceiling.

1108.026 Provide stall restroom partitions with doors of smooth nonporous and non-rusting material. These should be securely anchored to the floor and wall.

1108.027 Floor drains, hose bibs, and clean-out plugs should be provided in group restrooms.

1108.03 Plumbing Fixtures

1108.031 Service sinks with hot and cold water should be provided in each custodian’s closet, in the custodian’s general service room, and in the cafeteria-kitchen. Vacuum breakers should be installed on sink waste lines.

1108.032 Hydrants, tamper proof and frost proof, should be provided at least every 120 feet around the perimeter of the building and on each roof level where the roof mounted HVAC system requires water for periodic maintenance. Underground stop and water cocks shall not be permitted on frost-proof hydrants.

1108.033 All piping and valves in the plumbing system should be tagged for identification, and a chart of plumbing layouts should be readily accessible.

1108.034 The plumbing fixture requirements shall meet the requirements of the International Plumbing Code or the counties requirements whichever is more stringent.

1109 ELECTRICAL SERVICE

The electrical system of each school is designed, constructed, maintained, and equipped to facilitate the safe operation of the school. The electrical system provides adequate service for present and anticipated loads to ensure maximum efficiency and meets all requirements of applicable state regulatory agencies and the National Electrical Code.

1109.01 Electrical Requirements A. No conduit less than 3/4 inch shall be installed B. Electrical circuits shall not share common neutrals C. All electrical circuits shall have full-size neutrals D. Underground service entrances shall have approximately 50% spare conduit capacity with a minimum of one spare conduit.

E. All feeder panels that are remote from the main distribution center shall include a main circuit breaker F. MC cable shall not be used in concealed locations G. MC cable can be used for lighting connections only when distances do not exceed 6 feet.

H. Single-phase protection on three-phase equipment.

I. Transient voltage surge suppressors (TVSS) for computers and specialty electronics.

J. Standby generators for schools that may be used by emergency services for hospitals or other emergency purposes by the local or general populations. The generator should have the capability to power emergency lighting, phone systems, walk in freezers and refrigerators and selected HVAC units.

1110 MULTI-MEDIA FACILITIES

All schools shall be designed, constructed, maintained, and equipped to provide the multi-media facilities required for the educational program of the school.

1110.01 Instructional spaces and production areas should be furnished to permit the use of all types of multi-media materials and equipment.

1110.02 Adequate provision for controlling the light level in instructional areas is essential.

1110.03 Duplex electric service receptacles should be installed on all walls of the instructional space for the use of instructional equipment. Sufficient branch electrical circuits should be in each room.

1110.04 Where there are to be specialized facilities, such as language labs, study carrels, microteaching, and television, adequate provisions should be made for the electrical service using flush and recessed electrical fixtures, and prohibit possible use of floor mounted fixtures.

1110.05 Conduits shall be provided to permit future installation of network computer drops, television, and other electronic instructional devices.

1110.06 System conduits shall be of sufficient size, no smaller than 3/4 inch, to provide for installation of television and other teaching devices.

1110.07 A projection surface should be permanently installed in each instructional area.

1110.08 Media production centers and photographic darkroom facilities should be provided with adequate sinks for hot and cold running water where the school curriculum dictates the need for this program.

1110.09 Adequate ventilating facilities, including exhaust fans, shall be installed in production areas for the removal of fumes resulting from the use of volatile organic compounds or other undesirable odors.

1110.10 For preservation of book and non-book materials and equipment, temperature and humidity control are essential.

1110.11 Use of audio devices mandates acoustical treatment, as per ASA guidelines, of walls, ceilings, and floors in instructional areas and media centers.

1110.12 Adequate display and exhibit facilities, including such things, as magnetic boards, instructional boards, bulletin boards, and showcases, are required.

1110.13 Adequate storage facilities for materials such as supplies, book and non-book materials, and equipment are required.

1111 COMMUNICATION AND PROGRAM FACILITIES

All schools are designed, constructed, maintained, and equipped to facilitate adequate intercommunication among major areas of the school plant. All schools contain a master clock, a signal and tone system, and telephone for outside communication. All schools should consider guidelines from CPTED concerning communications for safe schools. In new construction, consideration should be given to installing closed-circuit video.

1112 FIRE ALARM SYSTEM

1112.01 Fire alarm signals shall be of the continuous type, shall be distinctly different from all other signals or sounds, and shall comply with the State Fire Code and the appropriate NFPA codes. The State Fire Marshal recommends fully addressable fire alarm systems.

Chapter 12 REGULATORY AND POLICY PROCEDURES 1201 CONTENT OF DOCUMENTS SUBMITTED FOR APPROVAL

1201.01 Schematic Design Phase

1201.02 Design development plans, final educational specifications, and building outline specifications should include the following items.

A. Plot plan, which includes size and shape of site, orientation, general topography, location of existing and new buildings, streets and highways, means of sewage disposal, and tentative development of the site.

B. Floor plans showing existing and new buildings (minimum scale of 1/16 inch), type of wall, floor, partition, roof and stair construction, size and purpose of rooms, stairs, corridors, doors, windows, plumbing fixtures, built-in equipment, HVAC system type, building automation system type, and probable future additions.

C. Elevations, at least one side of the building, overall dimensions, finished floor and ceiling levels, finished outside grade level, windows, doors, steps, retaining walls and materials D. Sections explaining any conditions not made clear on other drawings E. Proposed service connections, including gas, water, electricity and sewer, name of public service district or provider, and location of wells and sewage disposal system, if any F. Updated outline specifications to augment information shown on drawings

1201.03 Final Plans and Specifications These shall include the following:

A. Site or plot plan - size and shape of site, adjoining streets, highways and walks, position of existing and new buildings on the site, location and connections of all service lines, finish contours with finish grades at building and elevation of first floor rooms, location of wells and sewage disposal system, if any, general landscaping and location of walks, driveways, parking areas, and exterior steps B. Floor plans showing existing and new buildings (each floor and roof at not less than 1/8 inch scale), footings and foundations, dimensions and schedules showing type and size of each door and window, complete figures so that size and thickness of walls and partitions can be readily determined, level of finished floors, furred walls and ceilings, door swings, location of built-in equipment, floor construction, run, dimensions and spacing of joists and girders, notation of safe live loads, and materials.

C. Elevations for all sides (same scale as architectural plans)

D. Sections (same scale, or larger, as that of floor plans), to show clearly special conditions, typical stairs, instructional spaces and corridors, equipment and fixtures, floor construction, levels and thickness, wall and ceiling construction, typical windows, interior and exterior doors, finish material, roof construction, fire barriers, and smoke partitions.

E. Details (larger scale) showing typical exterior wall sections, footings, foundations, floors, windows, cornice and roof, all vertical dimensions, each type and size of door with glazing and paneling, frame and trim, each type of window, together with distances to floor and ceiling, stairs, including risers, treads, handrails, newels and landing lines, instructional board, bulletin board, trim, chalk troughs, built-in equipment, counters, cupboards and drawers, and wardrobes, unless of standard manufacture F. Plumbing plans, including foundation drain lines, storm, acid, and sanitary sewer lines, complete water supply system and location of all plumbing fixtures, including hose cabinets and sewage disposal system G. HVAC plans showing the BAS system (if applicable) and the size and type of heating and cooling unit. The plans shall also include all connections; pumps; supply and return lines with sizes, valves and slopes; motors; air-handling equipment; fans, including types, periphery speed, locations, sizes and capacity of all ducts, grilles, and ventilator H. Electrical plans using standard symbols to show all connections, inside and outside, location of wall, floor and ceiling outlets or receptacles, location and size of all conduits, capacity of outlets, network drops, location and details of switch panels, circuit breakers and fusing, location and connections for all bells, alarms, clocks, and special outlets, and types and designs of lighting fixtures I. Structural plans showing all concrete and steel columns, beams, trusses, girders, joists, slabs and reinforcing, fireproofing of structural members, details, diagrams and schedules as required for a complete understanding of plans J. Complete specifications augmenting the information shown on the drawing, giving details on construction materials and methods, mechanical equipment and installations and tests. In general, specify all window shades, restroom accessories and lockers and all other permanent equipment forming an integral part of the building.

K. Final technology plan L. Final estimate of probable cost, including total project cost and final budget.

1202 STANDARDS FOR ARCHITECTURAL OR ENGINEERING SERVICES

1202.01 The project architect or engineer will provide services, plans, and specifications, which may be executed within the project budget. It becomes the architect’s responsibility to identify if the project funding is sufficient to meet the project requirements at the earliest possible point in the process and offer options to keep the project with funding limitations in order to construct a facility within the budget and to comply with county boards of education and WVDE requirements.

1202.02 It shall be the responsibility of the project architect or engineer to assure that the project meets the requirements of this policy and to assure the legitimacy of bidders.

1202.03 Basis for Determining Architect’s and Engineering (Design Professional) Fees A. The Design Professional compensation for the basic services discussed above is usually based on one of the following methods:

1. Percentage of construction cost of the work 2. Fixed lump sum fee 3. Professional fee plus reimbursement of expenses 4. Multiple of direct personnel expense 5. Salary, per diem or hourly rate B. Counties may contact the SBA with questions concerning architectural and engineering services

1202.04 The Architect’s Agreement No services should be rendered by the architect, design professional, or engineer without a definite understanding as to the scope of services and the fee basis. This contract is for the protection of both the client and the Design Professional. Where SBA funds are used the contract for design services must be approved by the SBA.

1202.05 If the county Board of Education employs a commissioning agent to assure that the HVAC system is designed and installed in accordance with the county’s requirements, it is required that the employment meets the WV Code, Article §§5G-1-1 to §§5G-1-4.

1203 TRADITIONAL TASKS PERFORMED IN SCHOOL BUILDING PROGRAMS

1203.01 Tasks listed are those generally performed during the completion of a satisfactory construction project. The sequence of tasks is not always the same, nor is the time allotment always the same.

1203.02 Care should be exercised by the owner (County Board of Education) when undertaking any project to assure that all activities are in accordance with statutory and regulatory provisions and that the investment is adequately protected at all times.

1203.03 It is highly recommended that the LEA should not act as its own contractor nor utilize maintenance employees in constructing new school buildings or additions to school buildings without guidance from the WVDE or SBA.

1203.04 School Construction Project Development Flow Chart is available through the WVDE Office of School Facilities and Transportation or SBA.

1205 FINAL INSPECTION AND PROJECT CLOSEOUT

1205.01 When a project is completed, the county must complete a Certification of Project Completion form and submit it to the SBA. Following receipt of the BP-13-A, the appropriate agencies will contact the county and schedule a final inspection. A final inspection of completed construction must be conducted by the project architect, the contractor, the State Fire Marshal, WVDE, and the SBA project representative. Additional project closeout documents for SBA funded projects are found in the SBA Guidelines and Procedures Handbook.

NOTE: A certificate of occupancy must be acquired from the Fire Marshal’s Office, before any completed construction can be occupied.

1205.02 Upon completion of any necessary corrections and subsequent inspection, official final acceptance of the project will be made.

1205.03 For the sake of illustration, the following list contains items, which should be examined during the final inspection to assure compliance with final plans and specifications. Examine for proper type, location, installation, finish, cleanliness, mounting heights, operation and as-built drawings. The following building systems should be inspected:

SITE AND DEVELOPMENT

Finish Grading Seeding Landscaping Walks and Ramps Drives Parking Areas with Curb Fencing Cuts Playground BUILDING EXTERIOR Foundation Wall Surfaces Window & Door Frames Glass & Glazing Railing Roof Surface Flashing Trim Drains School Name BUILDING INTERIOR Floor Surfaces Wall Surfaces Ceiling Surfaces Acoustical Materials Doors & Frames Door Hardware Thresholds Window Hardware Instructional boards Bulletin Boards Wood & Metal Trim All Surface Finishes PLUMBING, WATER, GAS Fixtures Shut-offs Clean-outs Drainage System Special Toilets ELECTRICAL SERVICE Switches & Plates Distribution Panels Lighting Fixtures Fire Alarm System Clock & Program System Emergency Lighting Telephone System HVAC HVAC System HVAC Controls Air System Balance Report HVAC System Start-up Report Water System Balance Report EQUIPMENT AND FURNISHINGS Lockers Extinguishers Refrigeration Fountains Display Cases Kitchen Equipment Elevators 1206 ON-SITE INSPECTION OF FACILITIES FUNDED BY THE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA OR THE WEST VIRGINIA BOARD OF EDUCATION

1206.01 Annual on-site inspections of school facilities funded totally or partially with funds from the SBA or the WVBE shall be conducted.

1206.02 These inspections shall be conducted at all SBA “Needs” and “Emergency” funded projects or WVBE funded projects resulting in new building construction, renovations, and/or additions of $1,000,000 or greater completed in the last ten years.

1206.03 The on-site inspections shall be conducted by appropriate personnel of the WVDE.

1206.04 The on-site inspection shall be separate and in addition to school accreditation on-site reviews that may be performed by the Office of District and School Advancement as required by West Virginia Code §18-2E-5.

1206.05 The instrument used for the purpose of an on-site evaluation shall be the School Facilities Evaluation form.

1206.06 A comprehensive report of the inspection shall be submitted to the WVBE within thirty (30) days of the inspection date by the Office of School Facilities.

1206.07 Copies of each comprehensive report shall be forwarded to the SBA, the county superintendent and county maintenance director of the evaluated school.

1206.08 An action plan addressing intended corrections and appropriate time lines for compliance, regarding all items identified during the evaluation as “Recommendations”, shall be submitted to the SBA and the WVBE by the county superintendent within forty-five (45) days of receipt of the comprehensive report.

1206.09 The SBA or the WVBE shall determine by inspection if the corrective action plan has been implemented within the appropriate time period. In the instance of noncompliance, the WVBE shall restrict the use of necessary funds or otherwise allocate funds from moneys appropriated by the West Virginia Legislature for those purposes set forth in West Virginia Code §18-9D-16 and §18-9A-9. 1207 IMPOSING REQUIREMENTS FOR INSTALLING WATER BOTTLE FILLING STATIONS IN NEWLY CONSTRUCTED PUBLIC-SCHOOL BUILDINGS AND EXISTING PUBLIC-SCHOOL BUILDINGS UNDERGOING A MAJOR IMPROVEMENT.

1207.01. As used in this section, these words have the following meaning:

A. “Construction project” means a project in the furtherance of a facilities plan with a cost of greater than $1,000,000 for the new construction, expansion, or major renovation of the facilities, buildings, and structures for school purposes, including:

1. The acquisition of land for current or future use in connection with the construction project;

2. New or substantial upgrading of existing equipment, machinery, or furnishings; and 3. Installation of utilities and other similar items related to making the construction project operational.

3. “Construction project” does not include such items as books, computers, or equipment used for instructional purposes; fuel supplies; routine utility service fees and routine maintenance costs; ordinary course of business improvements; and other items which are customarily considered to result in a current or ordinary course of business operating charge or a major improvement project.

B. “Major improvement” means a project meeting one or more of the following:

1. Increasing the square footage of a school by more than 5,000 square feet; or 2. Any renovations or upgrades to a school with a cost greater than $500,000 where plumbing work constitutes more than 20 percent of the project’s construction cost.

2. “Public school” means any school under the general supervision of the West Virginia Board of Education pursuant to section two, article XIII of the Constitution of West Virginia and includes any charter school pursuant to §18-5G-1 et seq. of W. Va. Code.

C. “Water bottle filling station” means a station to which the following apply:

1. The station is designed to fill a bottle with water;

2. The station dispenses filtered drinking water;

3. The station may be integrated into a drinking fountain; and 4. The station shall be touchless for sanitary reasons.

1207.02. Plans for new construction and major improvements of public-school buildings required to provide sufficient water bottle filling stations.

A. Newly constructed public-school buildings shall include the following:

1. A minimum of one water bottle filling station on each floor and wing of each public-school building;

2. At least one water bottle filling station in all school food service areas;

3. At least one water bottle filling station near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and 4. A minimum of at least one water bottle filling station per 200 building occupants projected upon completion of the projected construction.

B. Existing public-school buildings undergoing a major improvement shall include a minimum of half of the facility’s existing water coolers being retrofitted or replaced to provide water bottle filling capability and be made ADA compliant. Pending the availability of a water supply line and sanitary plumbing, the preferred placement of these stations shall be in the following areas:

1. School food service areas;

2. Near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and 3. Grouped toilet areas.

C. Any water bottle filling station installed in a public-school building shall:

1. Dispense filtered, clean drinking water;

2. Be touchless for sanitary reasons;

3. Be regularly cleaned to maintain sanitary conditions; and 4. Be regularly maintained to ensure proper functioning.

4. County boards shall adopt a policy to permit students in schools with one or more water bottle filling stations to carry water bottles.

1208 REGULATION OF FLOOR COVERINGS IN PUBLIC SCHOOL BUILDINGS

1208.01. When floor covering is selected for installation or replacement in any public-school building in compliance with this policy, it is highly recommended that special consideration be given to health concerns and maintenance with respect to the following areas: in classrooms for grades K-2, computer labs, libraries/media centers, teachers lounges, auditorium aisles and walkways, music rehearsal rooms, and administrative offices.

1208.02. When floor covering is proposed for installation or replacement in an existing and/or new facility, documentation must be provided to the School Building Authority and the West Virginia Department of Education by the local education agency and/or its architect that such use will enhance the effectiveness of the teaching environment.

1208.03. When floor covering is in use in any new or existing school facility, custodial staff for that facility will receive instruction on maintenance of the floor covering and, on the manufacturer’s/industry’s recommended methods of care and frequency.

1208.04. All floor covering must meet federal, state, and local regulatory requirements for school applications. The floor covering specified and floor covering installation must meet industry standards including, but not limited to, off gas release, the reduction of microbial growth, and must be specifically designed and endorsed for this application.

126CSR172

126CSR172

Series 174 Investigating Indoor Air Quality Complaints (Policy 6202)

W. Va. Code R. § 126-174-4 Severability

4.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 175 Heating, Ventilating, and Air-Conditioning (HVAC) Technicians (Policy 6203)

W. Va. Code R. § 126-175-1 General

1.1. Scope. -- This legislative rule addresses services provided by heating ventilating and air‑conditioning (HVAC) technicians hired by the West Virginia Department of Education (WVDE) and the repository of the job description for HVAC technicians.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §18-2-5 and §18-9E-4.

1.3. Filing Date. -- September 9, 2021.

1.4. Effective Date. -- October 12, 2021.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR175, Policy 6203, Heating, Ventilating, and Air-Conditioning Technicians (HVAC), filed October 13, 1999, and effective November 12, 1999.

W. Va. Code R. § 126-175-2 Program Regulations for WVDE-Employed HVAC Technicians

2.1. Salaries for HVAC technicians shall be competitive with other employers of HVAC technicians in the region after accounting for benefits such as annual leave, sick leave, insurance benefits, retirement benefits, and any other provided benefits.

2.2. Continuing professional learning opportunities for HVAC technicians shall be provided to develop and maintain proficiency in existing and emerging HVAC technology.

2.3. The job description for HVAC technicians employed to service public school facilities shall be maintained by the WVDE Human Resources unit. The job description shall be updated as needed to address current hiring practices and employment expectations.

2.4. HVAC technicians may assist counties in investigating and resolving complaints relating to indoor air quality.

2.5. HVAC technicians shall provide technical assistance and training for county personnel as requested and will utilize appropriate equipment and tools to determine necessary actions to operate and maintain HVAC systems in accordance with design specifications.

W. Va. Code R. § 126-175-3 Severability

3.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 176 School Closings or Consolidations (Policy 6204)

W. Va. Code R. § 126-176-1 General

1.1. Scope. -- This legislative rule sets the requirements for county boards of education (county) in proceeding with a potential school closing or consolidation.

1.2. Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code §§18-2-5, 18-5-13, 18-5-13a, and 18A-2-7(d).

1.3. Filing Date. -- July 12, 2023.

1.4. Effective Date. -- August 14, 2023.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. §126CSR176, Policy 6204, School Closings or Consolidations (Policy 6204), filed September 9, 2021, and effective October 12, 2021.

W. Va. Code R. § 126-176-2 School Closures

2.1. For the purpose of school closure procedures, a school is defined by its population and educational mission and not just the physical facility.

2.2. When a county proposes an action that would terminate the educational mission of a school and whereby that school becomes defined by another population or educational mission, the school closure procedures set forth by this policy shall apply.

2.3. The following situations are not considered school closures and the procedures set forth in this policy shall not apply to them:

2.3.a. moving a single school population into a new, existing, or renovated facility where its educational mission would continue without termination; or

2.3.b. moving a single school population into a facility that houses another school population and each school maintains its own separate operation and assigned educational mission without termination; or

2.3.c. cases in which a county’s voters passed a construction bond issue that specifically stated the school(s) planned for closure or consolidation, and the county’s approved Comprehensive Educational Facilities Plan (CEFP) also specified the same action(s). The county shall apply to the West Virginia Board of Education (WVBE) for a CEFP amendment if the approved CEFP did not contain the voter-approved closure or consolidation; or

2.3.d. cases in which a county reconfigures the location and structure of grades along a population's natural path of vertical progression and whereby the educational mission of any affected school population may be slightly altered but not terminated.

W. Va. Code R. § 126-176-3 County Procedures

3.1. The county shall prepare and submit an impact statement and supporting data concerning proposed school closings or consolidations to the WVBE for approval in accordance with this policy and W. Va. Code §18-5-13a. The impact statement and supporting data shall:

3.1.a. be available for public inspection in the office of the county superintendent during the 30 days preceding the date of the public hearing; and

3.1.b. be delivered in duplicate to the:

3.1.b.1. principal of a school that is proposed to be closed or consolidated, and of any school which the county designates to receive the students who are relocated as a result of the closure or consolidation; and

3.1.b.2. chair of the local school improvement council (LSIC) representing a school that is proposed to be closed or consolidated, and any school that the county designates to receive the students who are relocated as a result of the closure or consolidation.

3.1.c. The county shall give the impact statement and supporting data substantial weight when deciding on any proposal to close or consolidate a school.

3.1.d. The impact statement and supporting data shall be provided to the West Virginia Department of Education (WVDE) Office of School Facilities at least 10 business days prior to the period for public posting for the purpose of review and coordination.

3.2. An impact statement shall be prepared on the following items that will summarize the county's supporting data with page references, as defined in section 3.1.

3.2.a. Enrollment.

3.2.a.1. Student enrollment trends:

3.2.a.1.A. trends in student population growth or decline in the county for the previous 10 years; and

3.2.a.1.B. trends in student population growth or decline in the attendance area of the school targeted for closure or consolidation for the previous 10 years; and

3.2.a.1.C. trends in student population growth or decline in attendance area of the school or schools which the county designates to receive the students affected for the previous 10 years;

3.2.a.1.C.1. population data and characteristics for the county. At a minimum, the data shall include the total population, number of births, number of deaths, and age composition of the county for the previous ten years. The requisite information shall be cited and may be obtained from local, state, and national agencies for health and statistics; and

3.2.a.1.C.2. projections of enrollment, by grade and school, in the affected attendance area, for the next ten years; and

3.2.a.1.C.3. explanation of the projection method utilized addressing the relationship among the most recent Certified October Enrollment, the Certified October Enrollment for the previous three years, and the most recent census data for the county.

3.2.b. Facilities.

3.2.b.1. General reference maps showing prominent natural and manmade features where the location of school(s) targeted for closure or consolidation and the school(s) that the county designates to receive the students are highlighted.

3.2.b.1.A. Charts shall be provided indicating the grade configuration, student enrollment, utilization percentage, and mileage between each school on the map.

3.2.b.2. Written description of the physical condition of the school targeted for closure or consolidation and the school or schools which the county designates to receive the students. This description shall include age, number of buildings, general condition, and adequacy of structural, electrical, and mechanical systems to provide a safe and healthy environment.

3.2.b.3. Evaluation of the school targeted for closure or consolidation and the school or schools that the county designates to receive the students in regard to the school(s) adaptability to the present and proposed educational programs, and the provisions of related student services.

3.2.b.4. Measure of the enrollment and utilization of the school(s) targeted for closure or consolidation and the school(s) which the county has designated to receive the students. The School Building Authority of West Virginia’s (SBA) Worksheet on Building Program Utilization shall be submitted.

3.2.b.5. Comparison of the school(s) targeted for closure or consolidation and the school(s) which the county has designated to receive the students in regard to providing the required services and barrier-free environments to students with disabilities.

3.2.b.6. Elaboration on the effect the proposed school closing or consolidation will have on the school system's future plans regarding grade configuration, educational programs, and facility requirements.

3.2.b.7. Elaboration on the planned facility additions, renovations, or replacements that are required by the county to accommodate the proposed closing and consolidation.

3.2.b.8. Elaboration on the future use or disposal of facilities designated by the county for closure.

3.2.b.9. Attachment of the most recent SBA facility evaluation form for each school affected and an updated form if the most recent SBA facility evaluation form is five years old or older.

3.2.c. Finance.

3.2.c.1. Itemization of the anticipated cost or savings the county will experience in all areas as a result of the proposed school closure or consolidation. Such itemization shall be in the form of a table indicating the following:

3.2.c.1.A. the current annual cost at the school(s) to be closed and for the receiving school(s), if applicable, for: a) utilities, b) personnel, c) maintenance, d) transportation, e) other factors as deemed relevant by the county superintendent, and f) the total cost of the above-listed items;

3.2.c.1.B. the anticipated total annual cost at the school(s) designated by the county to be receiving students after acceptance of the new students for: a) utilities, b) personnel, c) maintenance, d) transportation, e) other factors as deemed relevant by the county superintendent, and f) the total cost of the above-listed items; and

3.2.c.1.C. the net cost or savings of the school(s) to be closed and the school(s) designated by the county to be receiving students for: a) utilities, b) personnel, c) maintenance, d) transportation, e) other factors as deemed relevant by the county superintendent, and f) the total cost of the above-listed items.

3.2.c.2. Cost of any renovation or addition resulting from the proposed school closure or consolidation, including all proposed funding sources.

3.2.c.3. Five-year history of the county’s unrestricted general current expense fund balance and that balance as a percentage of the county’s approved levy estimate.

3.2.d. Personnel. An analysis of the effect the proposed school closure or consolidation will have on professional and service personnel. The analysis shall include, at a minimum, the following data regarding the anticipated increases or decreases in employment as a result of the proposed closure or consolidation:

3.2.d.1. number service personnel currently employed at the affected school(s);

3.2.d.2. number professional personnel currently employed at the affected school(s);

3.2.d.3. number of service personnel who are anticipated to be employed at the affected school(s) upon the completion of the closure or consolidation;

3.2.d.4. number of professional personnel who are anticipated to be employed at the affected school(s) upon the completion of the closure or consolidation;

3.2.d.5. the anticipated net change in service personnel due to the proposed closure or consolidation including any decrease that will occur through attrition or reduction in force; and

3.2.d.6. the anticipated net change in professional personnel due to the proposed closure or consolidation including any decrease that will occur through attrition or reduction in force.

3.2.e. Student Transportation. Explain any variances of W. Va. 126CSR92, Policy 4336, West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (Policy 4336), section 15, Guidelines for Bus Routing, and the effects the variances may have on transportation. Provide the following bus route data and travel times:

3.2.e.1. list the current travel time by bus route for students in the communities of the schools planned for closure or consolidation and the estimated increase or decrease in travel time as a result of the closure; and

3.2.e.2. list all anticipated bus routes after the proposed closure or consolidation with the estimated total one-way travel time for each route. Clearly identify any bus routes that exceed the recommended travel times and any routes which will require a waiver of Policy 4336; and

3.2.e.3. identify and provide the travel time to any neighboring county public schools that could serve the population of the closing school(s) where travel time to the identified out-of-county school is less than or equal to the school(s) designated by the county to receive students.

3.2.f. Student Educational Program. Complete a projected educational program improvement analysis which includes a statement of assurance that the following have been considered:

3.2.f.1. W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities,

3.2.f.2. W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs,

3.2.f.3. W. Va. 126CSR44 et al., Policy 2520, Content Standards and Objectives for West Virginia Schools,

3.2.f.4. W. Va. 126CSR172, Policy 6200, Handbook on Planning School Facilities (Policy 6200), and

3.2.f.5. Policy 6204.

3.2.g. Community. An impact statement regarding the effect the proposed school closure or consolidation will have on the affected communities and their students. Where schools and their respective communities are all defined by their own unique relationships, each proposed action will result in varying types and degrees of community impact. To better understand this diverse relational dynamic, the impact statement shall describe:

3.2.g.1. the known relationships that exist among the affected schools and their communities;

3.2.g.2. how the existing known relationships could be impacted by the proposed action; and

3.2.g.3. the potential for new relationships that could be developed under the proposed action.

3.3. The county must provide notice for all public hearing(s) required by section 3.4.a.1. All public hearing notices shall be advertised through a Class III legal advertisement for three weeks prior to the date of the hearing in a newspaper in general circulation in the locality of any school to be closed or consolidated and in the locality of any school that has been designated by the county to receive students from the schools to be closed or consolidated. The notice also shall be posted in all schools as provided in section 3.3.e at least 30 days prior to the date of hearing.

3.3.a. The notice shall contain the date, time, and place of the hearing(s) and the proposed action of the county.

3.3.b. The notice shall contain the statement that the hearing(s) location is subject to change if, at the time the meeting is called to order, it is determined that the meeting location is of insufficient size.

3.3.c. The notice shall contain a statement regarding an alternate date should the hearing require additional time or be unable to be held on the scheduled date due to inclement weather or other factors beyond the control of the county.

3.3.d. The notice shall contain a date certain deadline for the submission of written material to be reviewed by the county, in no event later than the close of the public hearing to provide the county time to consider the material before the vote.

3.3.e. A copy of the notice shall be posted at all schools, bus garages, and maintenance areas in the county in conspicuous working areas, for all professional and service personnel to observe.

3.4. Counties must complete the procedures outlined below for all proposed school closures or consolidations. If the county will be applying for SBA funding, the procedures must be completed before the SBA will consider a project for funding, as further outlined in section 6. If the county will be utilizing local funding for a construction project related to the closure or consolidation, the procedures must be completed prior to the initiation of construction. For all other closures and consolidations, counties must complete the procedures on or before December 31st of the calendar year prior to the calendar year in which the closures or consolidations are to be effective.

3.4.a. Conduct a public meeting/hearing, in the county wherein the proposed action is to occur, which meets the following criteria.

3.4.a.1. A separate hearing shall be held for each school proposed to be closed or consolidated and shall also be held for each school that has been designated by the county to receive students from the schools proposed to be closed or consolidated. Primary consideration should be given to conducting the hearing(s) at the affected schools.

3.4.a.2. More than one hearing may be held during any one day.

3.4.a.3. The hearing(s) shall be held in a facility of sufficient size to accommodate all those who desire to attend. Consideration should be given to the accessibility of the location, parking at the location, occupant capacity, and other similar factors.

3.4.a. 4. The hearing(s) shall be scheduled to last a reasonable amount of time, but in no event shall it be scheduled to begin before 9:00 a.m., nor continue beyond 11:00 p.m., but may recess and continue from day-to-day until concluded.

3.4.a.5. If, at the time the hearing(s) is called to order, it is determined by the county that insufficient space is available to accommodate all those who desire to attend, the hearing(s) shall be recessed and moved to a new location of sufficient size to accommodate all those who desire to attend. If the meeting location is changed due to insufficient capacity, the county shall cause the new meeting location to be posted at the original meeting location.

3.4.a.6. Members of the public are encouraged to attend, submit statements and testimony, and question county school officials at the public hearings.

3.4.a.6.A. In the interests of time and efficiency, oral statements may be limited in duration to a period of not less than three minutes each and may be supplemented with written comments, timely submitted, in accordance with the notice deadline as outlined in section 3.3.d, which shall not be included in the calculation of the time limitation.

3.4.a.7. At least the county superintendent and a quorum of the county board members from the county wherein an affected school is located shall attend the public hearing(s).

3.4.a.8. Responses by the county superintendent or other designated school officials may occur during individual oral presentations, or at the conclusion of the individual's oral presentation, and shall not be included in the calculation of the time limitation as outlined above.

3.4.a.9. Receive and review findings and recommendations, timely submitted in accordance with the notice deadline as outlined in section 3.3.d, from any LSIC representing an affected school.

3.4.a.10. Receive and review copies of any other written submissions and statements, timely submitted, in accordance with the notice deadline as outlined in section 3.3.d.

3.5. After all above provisions have been completed, counties must take a formal vote on the school closure(s) or consolidation(s).

3.5.a. This vote may take place at the conclusion of the final public hearing, or

3.5.b. This vote may take place at a separate duly scheduled and noticed meeting of the county board of education.

3.6. After the vote and following compliance with sections 3.4 and 3.5, and prior to the implementation of any school closure or consolidation and following compliance with all statutory and regulatory provisions, the county must file a request for school closure and/or consolidation with the WVBE for approval and this request must:

3.6.a. be signed by the county superintendent and give the date the action was taken by the county;

3.6.b. contain assurances that applicable sections of the W. Va. Code §18-5-13 and §18-5-13a, and Policies 6200 and 6204 have been addressed;

3.6.c. contain justification for the proposed consolidation or school closing. This justification must include and be supported by the impact statement and supporting data described in section 3.2;

3.6.d. contain documentation of all hearings, motions, written public comments, a synopsis or transcript of verbal public comments, and other actions concerning the proposed school closings and consolidations;

3.6.e. contain proof that the hearings were properly advertised with a Class III legal advertisement. Such proof can be satisfied with:

3.6.e.1. a notarized letter from the county’s qualified newspaper(s) for legal notices, as defined by the West Virginia Secretary of State, that specifically states the three dates on which the newspaper ran the county’s public hearing notification; or

3.6.e.2. a digital reproduction of all three required legal advertisements from the county’s qualified newspaper(s) for legal notices, as defined by the West Virginia Secretary of State, where the full legal notification and date of publication are provided and legible;

3.6.f. contain a statement identifying if the proposed school closing or consolidation was included in the county’s approved CEFP; and

3.6.g. contain a statement identifying if the proposed school closing or consolidation is contingent upon receiving funding from the SBA.

3.7. If the county’s approved CEFP did not contain the proposed closure or consolidation, the county must also submit a request to amend their CEFP. The required CEFP amendment forms shall be submitted to the WVDE Office of School Facilities staff simultaneously with the impact statement and supporting data that will be prepared for consideration by the WVBE. The CEFP amendment may be considered by the WVBE concurrently with the closure or consolidation request.

W. Va. Code R. § 126-176-4 Emergency School Closure

4.1. The State Superintendent of Schools may make a declaration that there is a need for an emergency school closure.

4.2. Once the State Superintendent of Schools has declared a need for an emergency school closure, consideration should be given to the following when determining the school(s) to which the displaced students will be transferred.

4.2.a. Educational program. Educational opportunities are equal to or greater for students at the school designated by the county to be a receiving school.

4.2.b. Transportation. Proposed routing schedule does not result in undue time in transit for students according to recommended age-appropriate travel times.

4.2.c. Exceptional students. Programmatic offerings and educational spaces are appropriately accessible to students with exceptionalities.

4.2.d. Health/safety. Transfer of students would not result in any health/safety concerns which would adversely affect students and staff.

4.2.e. Capacity. The school designated by the county to be a receiving school has the capacity to adequately house projected enrollment.

4.3. Following the emergency need declaration and transfer of students, the county shall proceed with the school closure procedure as outlined in section 3 and shall include additional data regarding the circumstances giving rise to the emergency in the impact statement and supporting data.

W. Va. Code R. § 126-176-5 Technical Assistance

5.1. Upon request, technical assistance regarding school closures and consolidations shall be provided by WVDE Office of School Facilities staff.

5.2. Technical assistance by WVDE Office of School Facilities staff shall not supplant or replace legal assistance provided by counsel engaged to represent the county.

5.3. It is recommended that counties request technical assistance from WVDE Office of School Facilities staff when the county is initially considering writing a proposal to close or consolidate a school.

W. Va. Code R. § 126-176-6 Closures Contingent Upon SBA Funding

6.1. A county that submits a capital improvement funding request to the SBA, which incorporates the closure of a school, shall have said closure approved by the county and WVBE before being eligible for a grant award from the SBA. Rejection of the closure request by the county or WVBE renders the funding request disqualified from the current SBA funding cycle.

6.2. A WVBE-approved closure that is contingent upon the awarding of capital improvement funds from the SBA has an expiration date of two-years from the date of initial approval of the closure by the WVBE to be awarded funding. In such case that the two-year period elapses, and the county has not been awarded SBA funding for the project, the WVBE closure approval becomes null-and-void and the school(s) shall remain in operation.

6.3. A county has the right to void its previously approved school closure at any time before the two-year expiration date by notifying the WVBE in writing of its intent to keep the school(s) open.

6.4. If a county wishes to close the applicable school(s) after the two-year expiration date, the county shall be required to complete the full closure process as outlined in this policy and to make all necessary data current for consideration.

6.5. When the SBA cancels a funding cycle or extends the cycle dates beyond the two-year period a county had planned for SBA grant application eligibility, the county may apply to the WVBE for a closure period extension. Requested extensions are considered by the WVBE on a case-by-case basis and only provide the county with eligibility that was lost due to funding cycle changes. An extension shall only be considered when circumstances occur that are beyond a county’s control and will not be used to provide a remedy to the county for improper planning. The WVBE-approved extension does not guarantee or imply an award of funding from the SBA.

W. Va. Code R. § 126-176-7 Severability

7.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR176

Series 185 Intercounty Student Transfer Arrangements (Policy 7200)

W. Va. Code R. § 126-185-1 General

1.1. Scope. -- This rule governs the operation of intercounty transfer arrangements under which students from one or more counties attend school in a county other than their county of residence.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-5-13(s), 18-9A-14, and 18A-4-8i.

1.3. Filing Date. -- February 10, 2022.

1.4. Effective Date. -- July 1, 2022.

1.5. Repeal of Former Rule. -- This rule amends W. Va. 126CSR185, Policy 7200, Intercounty Transfer Arrangements, filed April 13, 1998, and effective May 13, 1998.

W. Va. Code R. § 126-185-2 Purpose

2.1. This policy establishes the framework for implementing intercounty transfer arrangements.

W. Va. Code R. § 126-185-3 Definitions

3.1. Intercounty Transfer Arrangement. Arrangements mutually determined by counties in which students are required to attend school in a county other than the county of their residence.

3.2. Receiving county. The county, other than the county of residence, where students are required to attend school.

3.3. Sending county. The county of residence of the student(s) involved in intercounty transfer arrangements.

W. Va. Code R. § 126-185-4 Authorization for Intercounty Transfer Arrangements

4.1. County boards of education are encouraged to fully utilize their existing school facilities and to cooperate in planning for new school facilities in order to reduce the need for school facilities and to reduce transportation times for students by entering into intercounty transfer arrangements.

4.2. County boards of education are authorized to enter into agreements with one another, subject to West Virginia Board of Education (WVBE) approval, for the transfer and receipt of any and all funds determined to be fair when students are permitted or required to attend school in a county other than the county of their residence. W. Va. Code §18-5-13(s).

4.3. A proposed Intercounty Transfer Arrangement must be approved by the county boards of education of both the sending and receiving counties prior to the time it is sent to the WVBE for approval.

4.4. Intercounty transfer arrangements may be entered into for the purpose of submitting an application for funding to the School Building Authority of West Virginia.

W. Va. Code R. § 126-185-5 Transfer of Funds and Allowance for Funds in Intercounty Transfer Arrangements pursuant to W. Va. Code §18-9A-14

5.1. Intercounty transfer arrangements must contain (a) provision(s) detailing any financial considerations pertaining to the arrangement, including the amount of any funds to be transferred by the sending county to the receiving county. Any amount to be transferred on a per-pupil basis shall not exceed the per pupil allocation in the state aid formula received by the sending county in the fiscal year in which the intercounty transfer takes place.

5.2. Subject to appropriations by the Legislature, funds equal to the amount agreed upon in the Intercounty Transfer Arrangement under section 5.1 will be provided to the sending county in the year in which the transfer of students occurs.

5.3. Subject to appropriations by the Legislature, funds equal to one-half of the amount agreed upon in the Intercounty Transfer arrangement under section 5.1 will be provided to the sending county in the first year after the transfer occurs.

5.4. Subject to appropriations by the Legislature, funds equal to one-fourth of the amount agreed upon in the Intercounty Transfer Arrangement under section 5.1 will be provided to the sending county in the second year after the transfer occurs.

5.5. Any amount otherwise payable to the sending county under sections 5.2, 5.3, and 5.4 shall be reduced by the WVBE by an appropriate amount should professional or service personnel obtain full-time employment pursuant to the terms of W. Va. §18A-4-8i.

5.5.a. The appropriate amount shall be calculated as 50 percent of the amount otherwise payable for the year.

W. Va. Code R. § 126-185-6 Determination of Number of Positions to be Created in Facilities Affected by an Intercounty Transfer Arrangement pursuant to W. Va. Code §18A-4-8i

6.1. Should two or more counties enter into an Intercounty Transfer Arrangement, the WVBE shall determine the number of professional educator and school service personnel positions to be created in any facility receiving students or in any facility affected by the Intercounty Transfer Arrangement.

6.2. Once the WVBE has determined the number of professional educator and school service personnel positions to be created, the WVBE shall embody those positions in a certified list of positions needed to implement the Intercounty Transfer Arrangement. This certified list of positions shall be forwarded to each sending and receiving county involved in the intercounty transfer arrangement.

W. Va. Code R. § 126-185-7 Preparation of Certified List of Employees Whose Employment Has Been Terminated as a Result of an Intercounty Transfer Arrangement pursuant to W. Va. Code §18A-4-8i

7.1. Should two or more counties enter into an Intercounty Transfer Arrangement, the WVBE shall prepare a certified list of employees containing the names and seniority of the professional educators and service personnel whose employment in a sending county was terminated as a result of the Intercounty Transfer Arrangement.

7.2. Inclusion in the certified list of employees is limited to:

7.2.a. those persons whose positions were eliminated as a direct result of the Intercounty Transfer Arrangement and

7.2.a.1. who choose not to exercise their right to displace another employee with lesser seniority, or

7.2.a.2. whose seniority is insufficient to allow them to displace other employees; and

7.2.b. those persons, as determined by the WVBE, who would have retained a position with a sending county if the Intercounty Transfer Arrangement had not occurred.

W. Va. Code R. § 126-185-8 Filling Positions Created by an Intercounty Transfer Arrangement pursuant to W. Va. Code §18A-4-8i

8.1. A receiving county may not act to fill any position created by the Intercounty Transfer Arrangement until it has received from the WVBE both the certified list of positions and the certified list of employees.

8.2. Once a receiving county has received both the certified list of positions and the certified list of employees, it may begin filling positions created by the Intercounty Transfer Arrangement by selecting employees from the certified list.

8.2.a. In filling positions, the receiving county shall comply with all provisions of law relevant to the filling of professional educator or service personnel vacancies.

8.2.b. For the remainder of the school year immediately following the effective date of the intercounty transfer arrangement, but in no case for a period of less than six months, the receiving county may fill positions on the certified list of positions only by selecting employees from the certified list of employees.

W. Va. Code R. § 126-185-9 Seniority Rights for Professional Educators and School Service Personnel in Cases of Intercounty Transfer Arrangements pursuant to W. Va. Code §18A-4-8i

9.1. Professional educators and service personnel whose names appear on the certified list of employees and who are hired by a receiving county shall accrue seniority in both the sending and the receiving county during the time in which they continue to be employed by the receiving county.

W. Va. Code R. § 126-185-10 Severability

10.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR185

Series 188 Resolution of Formal Complaints (Policy 7211)

W. Va. Code R. § 126-188-1 General

1.1. Scope. -- This procedural rule establishes a clear and fair process for addressing and resolving formal complaints submitted by members of the public who seek a remedy for a failure to provide elements of a high quality education that resources permit or for violations of any other legal duty. This policy permits members of the public to file formal complaints alleging a school or county is in violation of a provision of West Virginia Code, West Virginia Board of Education (WVBE) policy, the West Virginia Code of State Rules, or the West Virginia Constitution.

1.2. Authority. -- W. Va. Constitution, Article XII, § 2 and W. Va. Code §18-2-5.

1.3. Filing Date. -- June 11, 2025.

1.4. Effective Date. -- July 12, 2025.

1.5. Repeal of Former Rule. -- This procedural rule repeals and replaces W. Va. 126CSR188, Policy 7211, Conflict Resolution Process for Citizens (Policy 7211), filed July 11, 2014, and effective August 11, 2014.

W. Va. Code R. § 126-188-2 Definitions

2.1. County superintendent. The superintendent of a county school district, or his or her designee.

2.2. Days. The business days of the office handling the formal complaint at the relevant time. Such offices are generally closed on Saturdays, Sundays, and official holidays as defined by W. Va. Code §18A-5-2.

2.3. Formal complaint. A formal written complaint claiming that a school or county is not complying with State Law.

2.4. State Law. Any provision of West Virginia Code, the West Virginia Code of State Rules, or the West Virginia Constitution.

2.5. School principal. The principal of a public school or public charter school in one of West Virginia’s school districts, or his or her designee.

2.6. State Superintendent. The State Superintendent of Schools or his or her designee.

2.7. Written decision. A decision rendered in writing by a school principal, county superintendent, or the State Superintendent resolving a formal complaint.

2.8. WVDE. The West Virginia Department of Education.

W. Va. Code R. § 126-188-3 Subject Matter Appropriate for Formal Complaints

3.1. The formal complaint procedure allows members of the public to seek a remedy for violations of State Law by state, county, or school officials. The formal complaint procedure is not the appropriate process to express disagreement with authorized decisions made by state, county, or school officials, if those decisions fall within the authority of the state, county, or school officials and do not constitute a violation of any State Law. The formal complaint procedure shall not be used for the following matters:

3.1.a. Any situation in which the state, county, or school has no authority to act;

3.1.b. Personnel-related complaints regarding an individual school employee;

3.1.c. Violations of the policies of a county board of education;

3.1.d. Matters within the control of educational institutions other than public K-12 schools and public charter schools, such as non-public schools and institutions of higher education;

3.1.e. Interscholastic activities under the jurisdiction of the West Virginia Secondary School Activities Commission;

3.1.f. Examination of instructional materials as defined in W. Va. Code §18-5-27;

3.1.g. Election-related matters under the jurisdiction of the West Virginia Secretary of State’s Office; and

3.1.h. Wage and hour disputes and other public employment matters under the jurisdiction of the West Virginia Public Employees Grievance Board, which provides public employees and employers with a process for resolving employment disputes pursuant to W. Va. Code §6C-2-1.

3.2. Parallel Proceedings. The formal complaint process is not a precondition to seeking relief in some other forum. Members of the public may wish to consider pursuing parallel proceedings in a separate forum for the following matters:

3.2.a. Allegations of criminal conduct, which should be immediately referred to law enforcement agencies as well as school or county officials;

3.2.b. Violations of the West Virginia Governmental Ethics Act, a code of conduct for appointed and elected officials and employees, which is administered and enforced by the West Virginia Ethics Commission;

3.2.c. Fraud, waste, and abuse of state or federal resources, which may be investigated by the West Virginia State Auditor’s Office;

3.2.d. Special Education Complaints. Parents and guardians of special education students with concerns about special education rights may file their complaints directly with the WVDE Office of Special Education. Additional information, forms, and contact information for filing a special education-related complaint are available through the WVDE Office of Special Education Dispute Resolution Process.

3.2.e. Violations of federal law, including but not limited to complaints which fall under Title IX of the Education Amendments of 1972, civil rights complaints, confidentiality of student education records as protected by the Family Educational Rights and Privacy Act (FERPA), and matters falling under the McKinney-Vento Homeless Assistance Act.

3.3. Members of the public are encouraged to make efforts to resolve problems informally with county and school staff. Informal efforts at resolution are not a precondition to filing a formal complaint under this policy.

W. Va. Code R. § 126-188-4 School-Level Formal Complaints

4.1. A member of the public may file a formal complaint with a school principal alleging a violation of a State Law. Formal complaints shall be submitted using the school-level complaint form published by the WVDE and available on the school website. The formal complaint shall include all information necessary for the school principal to process the complaint, including but not limited to the complainant’s name and contact information, a clear description of the allegation, a specific citation to the State Law at issue, relevant supporting documentation, and any prior steps taken to address the issue.

4.2. The school principal, upon receipt of the formal complaint, shall acknowledge receipt of the formal complaint and advise the complainant of any missing documentation or information. Within five days of receipt of a complete formal complaint, the school principal will hold an informal conference with the complainant in person, by phone, or by videoconference. If the complainant is unavailable to participate in the informal conference at the time proposed by the school principal, or if the complainant does not respond to the school principal’s attempt to schedule, the deadline to hold an informal conference will be extended until the complainant agrees to a time proposed by the school principal.

4.3. The school principal shall provide a written decision within 10 days of the informal conference.

4.4. The school principal shall ensure resolutions that adhere to local, state, and federal law and fall within the scope of their authority. If the school principal believes that additional financial or other resources are required to implement a resolution, the school principal shall obtain the approval of the county superintendent before implementing the proposed resolution.

4.5. If the complainant is satisfied with the school principal’s written decision, the formal complaint is resolved, and the formal complaint process stops at the school level. A complainant who is not satisfied may proceed to the county-level formal complaint process.

4.6. If the actions of the school principal are the primary subject of the formal complaint, the complainant may file the formal complaint directly with the county superintendent. If the county superintendent, upon reviewing the formal complaint, deems that the formal complaint is appropriate for the school principal to handle, the county superintendent may direct the complainant to file a school-level formal complaint.

W. Va. Code R. § 126-188-5 County-Level Formal Complaints

5.1. Within five days of receiving a school principal’s written decision, a complainant not satisfied with the resolution may submit a county-level formal complaint to the county superintendent. Formal complaints submitted to the county superintendent shall be submitted in writing using the county-level complaint form published by the WVDE and available on the county website. The school-level formal complaint, the school principal’s written decision, and all related documentation shall be submitted with the county-level complaint form. The complainant may submit additional information to support the claims made by the school-level complaint but may not introduce new allegations. The complainant must elect to have either an informal conference or a formal hearing.

5.2. The county superintendent shall acknowledge receipt of the formal complaint and advise the complainant of any missing documentation or information. The county superintendent may consult with the school principal who issued the school-level written decision to confirm that the documentation submitted by the complainant is complete.

5.3. Within 10 days of receipt of a complete formal complaint, the county superintendent shall hold an informal conference or a formal hearing, as elected by the complainant.

5.3.a. Informal Conferences. An informal conference shall be held in person, by phone conference, or by videoconference, and shall be attended by the complainant, the county superintendent, and any other individuals invited by one of the parties. An informal conference is appropriate for a casual discussion of the formal complaint.

5.3.b. Formal Hearings. A formal conference is appropriate if facts are in dispute. The county superintendent shall act as the hearing examiner and shall make an audio recording of the proceedings. The complainant shall present witnesses to testify under oath under questioning by the complainant. The county superintendent may also question the complainant’s witnesses and may take testimony from other individuals with knowledge of the subject matter of the complaint. The hearing examiner shall not strictly apply the rules of evidence and shall favor admitting any relevant material. All documents introduced into evidence will be made a part of the record. The complainant shall have the responsibility of proving all facts to a preponderance standard.

5.4. The county superintendent shall provide a written decision within 10 days following an informal conference or within 20 days following a formal hearing. If a formal hearing was held, the county superintendent shall provide a complete copy of the record of the proceedings, including the audio recording and all exhibits introduced into evidence. If the complainant is satisfied with the resolution, the formal complaint is resolved, and the formal complaint process stops at the county level. A complainant not satisfied with the resolution may proceed to the state-level formal complaint process.

5.5. If the actions of the county superintendent are the primary subject of the formal complaint, the complainant may file the formal complaint directly with the State Superintendent. If the State Superintendent, upon reviewing the formal complaint, deems that the formal complaint is appropriate for the county superintendent or the school principal to handle, the State Superintendent may direct the complainant to file a formal complaint at the appropriate level.

W. Va. Code R. § 126-188-6 State-Level Formal Complaints

6.1. Within 15 days of receiving the county superintendent’s written decision, an unsatisfied complainant may submit a state-level formal complaint in writing to the State Superintendent using the form available on the WVDE website. The complainant shall submit all school-level and county-level formal complaints, written decisions, and related documentation with the state-level complaint form. If a formal hearing was held at the county level, the complainant shall provide the complete record of the proceedings, including the audio recording and any exhibits introduced into evidence. The complainant may submit additional information to support the claims made by the school-level and county-level formal complaints, but may not introduce new allegations.

6.2. The State Superintendent shall acknowledge receipt of the formal complaint and advise the complainant of any missing documentation or information. Upon receipt of a complete formal complaint, the State Superintendent will review the formal complaint and all documentation and may conduct any additional investigation the State Superintendent deems appropriate. The State Superintendent may consult with the county superintendent who issued the county-level written decision to confirm that the documentation submitted by the complainant is complete.

6.3. Within 30 days of receipt of a complete state-level formal complaint, the State Superintendent shall provide a written decision to the complainant. If the formal complaint involves a matter outside the State Superintendent’s jurisdiction, the State Superintendent may refer the complaint to the appropriate agency or entity with jurisdiction over the matter.

6.4. The written decision of the State Superintendent shall be final.

6.5. Following a written decision by the State Superintendent, the State Superintendent may implement any of the following corrective actions:

6.5.a. Corrective Action Plan. The State Superintendent may provide the county board with corrective activities and technical assistance to ensure compliance within a given timeline.

6.5.b. Referral for Special Circumstance Review. The State Superintendent may direct the WVDE Office of Accountability to conduct a special circumstance review in accordance with W. Va. Code §18-2E-5 and W. Va. 126CSR188, Policy 2322, West Virginia System of Support and Accountability (Policy 2322).

W. Va. Code R. § 126-188-7 Additional Responsibilities

7.1. School principals, county superintendents, and the State Superintendent shall ensure that all formal complaints are handled in a transparent, timely, professional, respectful, and effective manner, and shall resolve formal complaints fairly and in accordance with applicable rules, laws, and policies.

7.2. The State Superintendent shall prepare and make available forms for filing formal complaints at the school, county, and state levels. Forms and instructions for submitting a state-level formal complaint shall be available on the WVDE website.

7.3. Each school principal and county superintendent shall ensure that copies of this policy and the appropriate complaint forms are provided to the public upon request and published on the county website.

7.4. School principals, county superintendents, and the State Superintendent will maintain records of formal complaints and written decisions for a period of three years.

W. Va. Code R. § 126-188-8 Severability

8.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications in this rule.

Series 189 Nonresident and Resident Student Transfers(Policy 7212)

W. Va. Code R. § 126-189-1 General

1.1. Scope. -- This legislative rule applies to transfers of West Virginia students who are enrolled or are seeking enrollment in a school that is outside of the student’s attendance zone within the student’s county of residence and to transfers of West Virginia students who are enrolled or are seeking enrollment in a county school district other than the county school district in which the student resides.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18-2-5, 18-3-3, 18-3-4, 18‑3‑10, and 18-5-16.

1.3. Filing Date. -- June 12, 2024.

1.4. Effective Date. -- July 15, 2024.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR189, Policy 7212, Intercounty Student Transfer Appeal, filed October 14, 2021, and effective November 15, 2021.

W. Va. Code R. § 126-189-2 Definitions

2.1. Attendance zone. The geographical area within a county school district established by a county board of education (county board) to designate where resident students typically attend school.

2.2. Lack of grade level capacity. The circumstance that would exist upon approval of a transfer application which results in a receiving county being required to employ additional staff or compensate a classroom teacher because of the maximum teacher-pupil ratio requirements set forth in W. Va. Code §18-5-18a.

2.3. Nonresident student. A student who resides in this state and who is enrolled or is seeking enrollment in a county other than the county in which the student resides.

2.4. Open enrollment. A process for which a county board shall adopt and implement a policy to allow nonresident students to seek to enroll in any school within the county school district.

2.5. Receiving county. The county in which the nonresident student is seeking to enroll.

2.6. Receiving school. The school in which the resident student is seeking to enroll that lies outside of the attendance zone in which the student resides.

2.7. Resident student. A student who resides in a county and who is enrolled or is seeking enrollment in a school that is outside of the of the student’s attendance zone within the county school district.

2.8. Sending county. The county of residence of the nonresident student.

2.9. Sending school. The school assigned to the attendance zone of the resident student.

2.10. Transfer application. A written request submitted to a county board that seeks approval to allow:

2.10.a. a nonresident student to enroll in and attend school in a county other than the county in which the student resides; or

2.10.b. a resident student to enroll in and attend a school that lies outside of the attendance zone in the county in which the student resides.

W. Va. Code R. § 126-189-3 Nonresident Student Transfer Open Enrollment Policy

3.1. County boards shall establish and implement an open enrollment policy for nonresident students that is subject to the following requirements.

3.1.a. The policy shall establish an open enrollment process and enrollment application period for nonresident students to enroll in any schools within the county school district.

3.1.b The policy shall be clearly publicized to parents/guardians and the general public, including dates, processes, and timelines, and shall be made available on the county board’s website.

3.1.c. The policy shall establish a process for nonresident students to enroll in any schools within the county school district on a case-by-case basis at any time during the academic year as long as all other requirements are met including that the student has not previously transferred within the same school year.

3.1.d. The policy may allow for circumstances under which an out of county placement may be revoked due to chronic absenteeism, tardiness, behavioral infractions categorized as level three or four as defined in W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), or failure to comply with agreed upon conditions of the transfer as established between the parents/guardians and the county school district.

3.1.e. The policy shall not be discriminatory against nonresident students on the basis of their residential address or disability status.

3.1.f. The policy shall not allow for refusal of a nonresident student transfer because the student seeks to transfer from a private, parochial, church, or religious school located in the sending county and holding an exemption approved pursuant to W. Va. Code §18-8-1(k).

3.1.g. The policy may include preferences for students meeting any of the following criteria:

3.1.g.1. siblings of students already enrolled through the receiving county’s open enrollment policy;

3.1.g.2. secondary students who have completed grade 10 and, due to family relocation, become nonresident students, but express the desire to remain in a specific school within the receiving county to complete their education;

3.1.g.3. students who are children, grandchildren, or legal wards of employees of the receiving county;

3.1.g.4. students whose legal residences, though geographically within the sending county, are more proximate to a school within the receiving county, whether calculated by miles or transportation time; and/or

3.1.g.5. students who reside in a portion of a sending county where topography, impassable roads, long bus rides, or other conditions prevent practicable transportation of the student to a school within the sending county, and a school within the receiving county is more easily accessible.

W. Va. Code R. § 126-189-4 Nonresident Student Transportation

4.1. The receiving county may, but is not required to, provide transportation for a nonresident student whose transfer application has been approved, subject to the following.

4.1.a. The receiving county does not have to uniformly provide transportation to nonresident students.

4.1.b. In determining whether to provide transportation to a nonresident student, the receiving county may consider whether the nonresident student meets the eligibility criteria for free or reduced price lunch and milk established within the Richard B. Russell National School Act (42 U.S.C. § 1758).

4.1.c. For nonresident students with an individualized education program (IEP) that specifies transportation is necessary for fulfillment of the program, the receiving county shall either:

4.1.c.1. provide transportation to and from the school the nonresident student is attending and the nonresident student’s residence; or

4.1.c.2. provide transportation to and from an agreed upon pickup point on a regular transportation route within the receiving county; or

4.1.c.3. provide payment in lieu of transportation for the total miles traveled each day to and from the school the nonresident student is attending and the nonresident student’s residence.

W. Va. Code R. § 126-189-5 Denials of Nonresident Student Transfer Applications

5.1. The receiving county board may only deny a nonresident transfer application for the following reasons.

5.1.a. There is a lack of grade level capacity in the receiving county.

5.1.b. There is a lack of programs or services due to areas identified in the receiving county’s critical need and shortage policy adopted pursuant to W. Va. Code §18A-2-3.

5.1.c. The nonresident student has committed a level 3 or level 4 behavior as defined by Policy 4373 within the last calendar year.

5.2. If a nonresident student fails to fill out or submit a transfer application correctly, county board staff shall provide an explanation to the student that will assist the student with correcting the application and submitting it for approval.

5.3. All denials of transfer applications shall be in writing; include an explanation for the denial; and, include information on how the denial may be appealed to the State Superintendent of Schools (State Superintendent). The written denial shall be provided to the parents/guardians of the nonresident student and the State Superintendent within three business days of the date the receiving county denied the transfer application.

W. Va. Code R. § 126-189-6 Funding for Nonresident Students

6.1. County boards may enter into agreements with other county boards for the transfer and receipt of any funds determined to be fair when students are permitted or required to attend school in a county school district other than the county school district of their residence. These agreements are subject to the approval of the West Virginia Board of Education.

6.2. If a nonresident student begins attending school in the receiving county after the second month of the school year, the receiving county may issue, in the following fiscal year, an invoice to the sending county for the pro rata amount the receiving county would have received under the state basic foundation program had the nonresident student been included in the receiving county’s net enrollment for the prior year. The sending county shall reimburse the receiving county the amount of the invoice.

6.3. If a nonresident student begins attending school in the receiving county after the second month of the school year, the receiving county may issue, in the following fiscal year, an invoice to the sending county for the pro rata amount the receiving county would have received under aid to exceptional students had the nonresident student been included in the receiving county’s net enrollment for the prior year. The sending county shall reimburse the receiving county the amount of the invoice.

6.4. If a nonresident pre-k student begins attending school in the receiving county after the child count of exceptional students is certified for a school year, the receiving county may issue, in the following fiscal year, an invoice to the sending county for the pro rata amount the receiving county would have received under aid to exceptional students had the nonresident student been included in the receiving county’s net enrollment for the prior year. The sending county shall reimburse the receiving county the amount of the invoice.

W. Va. Code R. § 126-189-7 Resident Student Transfer Policy

7.1. County boards shall establish and implement a policy to allow resident students to request a transfer to enroll in and attend a school outside of their assigned attendance zone within the county. The policy may include the following provisions.

7.1.a. The terms and conditions that students must meet in order to maintain the out of attendance zone placement;

7.1.b. The circumstances under which an out of attendance zone placement may be revoked due to:

7.1.b.1. chronic absenteeism;

7.1.b.2. tardiness;

7.1.b.3. behavioral infractions categorized as level three or four as defined in Policy 4373, provided that appropriate interventions and accommodations as outlined in W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities, have been followed; and/or

7.1.b.4. failure to comply with agreed upon conditions of the transfer as established between the parents or guardians and the county school district.

7.1.c. Preferences for students that meet any of the following criteria:

7.1.c.1. siblings of students already enrolled at the school outside of their assigned attendance zone;

7.1.c.2. secondary students who have completed grade 10 and, due to family relocation, express desire to remain in a specific school within the county school district but outside of their assigned attendance zone;

7.1.c.3. students who are children, grandchildren, or legal wards of employees who work in a school outside of the student’s assigned attendance zone; and/or

7.1.c.4. students who reside in a portion of an attendance zone where topography, impassable roads, long bus rides, or other conditions prevent practicable transportation of the student to a school within their assigned attendance zone, and a school in an adjoining attendance zone within the county school district that is more easily accessible.

W. Va. Code R. § 126-189-8 Resident Student Transportation

8.1. A county board may, but is not required to, provide transportation for a resident student whose transfer application has been approved.

W. Va. Code R. § 126-189-9 Denials of Resident Student Transfer Applications

9.1. A county board may consider, but is not limited to, the following in determining whether to grant or deny a resident student transfer application:

9.1.a. there is grade level capacity in the receiving school;

9.1.b. there are programs and services available in the receiving school;

9.1.c. there exists a critical need and shortage policy that identifies staffing shortages in the grade, program service, or content area that is relevant to the resident’s transfer application; and/or

9.1.d. there exists appropriate staff, resources, services, and programs to meet the disability needs of a resident student seeking a transfer at the requested school.

W. Va. Code R. § 126-189-10 Transfer Application Appeals

10.1. Any nonresident or resident student whose transfer application is denied may file an appeal with the State Superintendent of Schools (State Superintendent).

10.2. The State Superintendent must receive the transfer application appeal within 30 calendar days of the date the transfer application was denied.

10.3. The State Superintendent shall review the transfer application and the denial decision and may hold a hearing if warranted.

10.4. If a transfer application appeal is timely filed prior to the start of a semester, the State Superintendent shall issue a decision on the appeal no later than five business days prior to the start of a semester. If the transfer application appeal is not received in time for the State Superintendent to meet this deadline, the State Superintendent will issue a decision as soon as practicably possible.

10.5. A decision issued by the State Superintendent shall be final.

W. Va. Code R. § 126-189-11 Reporting

11.1. Each county board shall report annually to the West Virginia Department of Education the number of nonresident and resident student transfers approved by the county board for the preceding school calendar year, as well as the number of nonresident and resident student transfer applications denied and the reasons for those denials prior to January 1.

11.2. Each county board shall provide information on its website regarding the annual number of resident and nonresident student transfer approvals and denials for the preceding school calendar year prior to January 1.

W. Va. Code R. § 126-189-12 Severability

12.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 200 Public School Finance Requirements (Policy 8100)

W. Va. Code R. § 126-200-1 General

1.1. Scope. -- This legislative rule establishes requirements related to public school finance for county boards of education (boards), educational service cooperatives (ESCs), and multi-county vocational centers (MCVCs) collectively referred to as applicable local education agencies (LEAs).

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §§18-2-5, 18-5-1 et seq., 18-9A-1 et seq., and 18A-4-1 et seq.

1.3. Filing Date. -- July 9, 2025.

1.4. Effective Date. -- August 8, 2025.

1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces W. Va. §126CSR200, Policy 8100, Public School Finance, filed July 8, 2024, and effective August 7, 2024.

W. Va. Code R. § 126-200-2 Incorporation by Reference

2.1. The West Virginia Public School Finance Procedures Manual is attached to this rule and is incorporated by reference in its entirety

W. Va. Code R. § 126-200-3 LEA Requirements

3.1. LEAs shall adhere to the West Virginia Public School Finance Procedures Manual and any policies relative to the manual approved by the WVBE.

W. Va. Code R. § 126-200-4 Severability

4.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 201 Computation of Average Daily Attendance (ADA) and Average Daily Membership (ADM) (Policy 8100.1)

W. Va. Code R. § 126-201-1 General

1.1. Scope. -- This legislative rule estab­lishes the method to be used in computing average daily attendance (ADA) and average daily membership (ADM).

1.2. Authority. -- W. Va. Constitution, Article XII, §2; W. Va. Code §§18-2-5, 18-8-1 et seq, 18‑9B‑5, 18-9B-9, 18A‑5‑6; and Public Law 100-297, Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988.

1.3. Filing Date. -- November 10, 2021.

1.4. Effective Date. -- December 13, 2021.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. §126CSR201, Policy 8100.1, Computation of Average Daily Attendance (ADA) and Average Daily Membership (ADM), filed July 18, 1995, and effective August 16, 1995.

W. Va. Code R. § 126-201-2 Purpose

2.1. ADA is used in calculating various steps of the West Virginia Public School Support Plan and in calcu­lating the state per pupil expenditures for use in determining federal program allocations. The policy defines a consistent method of computing ADA and ADM in West Virginia.

W. Va. Code R. § 126-201-3 Definitions

3.1. ADA shall be the aggregate number of days of attendance during the regular school term divided by the number of days school is in session during this period measured to the nearest half-day. The total number should be for all public school pupils, including pupils enrolled in charter public schools, in prekindergarten through grade 12 excluding students in summer school, adult education courses, and community college. ADA shall include all forms and modes of instruction, including virtual and in-person.

3.2. ADM shall be the aggregate number of days of membership of a school during the regular school term divided by the number of days in session during this period measured to the nearest half-day. The total number should be for all public school pupils, including pupils enrolled in charter public schools, in prekindergarten through grade 12 excluding students in summer school, adult education courses, and community college. ADM shall include all forms and modes of instruction, including virtual and in-person.

W. Va. Code R. § 126-201-4 State Administrative Procedures

4.1. The West Virginia Department of Education shall collect attendance data annually from the county boards of educa­tion and all charter public schools of the tenth school month and shall utilize the data to compute the ADA and ADM.

4.2. All public schools shall be responsible for maintaining accurate attendance records regardless of the form or mode of instruction.

W. Va. Code R. § 126-201-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 202 Purchasing Procedures for Local Education Agencies (8200)

W. Va. Code R. § 126-202-1 General

1.1. Purpose. -- The purpose of this policy is to establish the minimum requirements and procedures to be followed by county boards of education, regional education service agencies (RESAs) and multi-county vocational centers (MCVCs) in the purchasing, receiving, safeguarding and disposal of goods and services obtained for use in their operations.

1.2. Authority. -- West Virginia Constitution, Article XII, §2 and W. Va. Code §§5-22-1, 5A-3-37, 5A-3-37a, 5G-1-1 et seq, 11-8-26, 12-3-10a, 12-3-10b, 18-2-5, 18-5-5, 18-5-7, 18-5-7a, 18-5-7b, 18-5-9a, 18-5-13, 18-9B-12, 18-8-26, 18-2B-2, 21-5A-1 et seq, 31-15A-15, 61-5A-6, and 61-10-15.

1.3. Filing Date. -- July 13, 2012.

1.4. Effective Date. -- August 13, 2012.

1.5. Repeal of Former Rule. -- This legislative rule amends W. Va. 126CSR202, West Virginia Board of Education Policy 8200, Purchasing Procedures for Local Educational Agencies, filed January 11, 2008, and effective February 11, 2008, and continues to supersede Section E of Chapter 3 of W. Va. 126CSR200, West Virginia Board of Education Policy 8100, Handbook for School Finance in West Virginia, which relates to purchasing.

W. Va. Code R. § 126-202-2 Applicability

2.1. This policy applies to all county boards of education, RESAs, and MCVCs.

W. Va. Code R. § 126-202-3 Incorporation by Reference

3.1. Copies. – A copy of the Purchasing Policies and Procedures Manual is attached. Additional copies may be obtained in the Office of the Secretary of State and in the West Virginia Department of Education, Division of Student Support Services.

3.2. Summary of rules and regulations. – County boards of education, have the authority and responsibility, subject to the provisions of statute and rules and regulations of the West Virginia Board of Education, to acquire needed commodities and services in order to provide a thorough and efficient system of education for all children in West Virginia.

3.3. This rule establishes the minimum system of purchasing rules and regulations that are to be followed by the county boards of education, RESAs and MCVCs throughout the state. These agencies are encouraged to develop local policies, practices and procedures that supplement the provisions specified herein.

3.4. This rule has been developed as a manual to be used as a guide by county superintendents, purchasing directors, business officials, and other personnel involved in the acquisition and disposal of commodities and services in the performance of their duties.

W. Va. Code R. § 126-202-4 Administration

4.1. Each local educational agency (LEA) in the State of West Virginia, which includes all county boards of education, RESAs, and MCVCs is responsible for adhering to the requirements included in this policy for the purchasing, receiving, safeguarding, and disposal of commodities and services used in its operations. Each LEA is also responsible for adopting a local purchasing policy to address the specific procedures and practices particular to that agency’s situation. These local policies must, at a minimum, adhere to the requirements included in this policy but may make the requirements more restrictive.

W. Va. Code R. § 126-202-5 Authority

5.1. Authority. The governing body of each LEA is responsible for the purchasing, receiving, safeguarding, and disposal of all goods and services obtained for use by the LEA. This authority may be delegated to the superintendent, or director of a RESA or MCVC, or to a designee. The official to whom these responsibilities have been delegated shall be the purchasing director of the LEA.

5.2. Requisitions. The LEA must develop written procedures to establish a system for the orderly submission, processing, and approval of purchase requisitions.

5.3. Approval. All purchase orders must be manually or electronically approved by the purchasing director or designee prior to their issuance. The responsibility of the chief financial officer is to ensure that funds are available for the purchase and that they have been properly budgeted.

W. Va. Code R. § 126-202-6 Severability

6.1. If any part of this policy is declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this policy, or the policy in its entirety.

PURCHASING POLICIES

AND PROCEDURES MANUAL

Office of School Finance West Virginia Department of Education FOREWORD This policy and procedures manual prescribes the minimum requirements and procedures established by the State Board of Education that are to be followed by county boards of education, regional education service agencies (RESAs), and multi-county vocational centers (MCVCs), collectively described as local educational agencies (LEAs), in the purchase of goods and services necessary for their operations.

The policy is being updated to incorporate recent revisions made by the State Purchasing Division to State purchasing procedures and to clarify certain other areas, such as the use of purchasing cooperatives and collective purchasing agreements, prevailing wage requirements and reservation type payments.

This Purchasing Policies and Procedures Manual was patterned after the West Virginia Purchasing Division Policies and Procedures Handbook and incorporates many of the same principles and requirements, with appropriate modifications made where necessary. The manual also includes the emergency purchasing procedures developed by the West Virginia Department of Administration.

The policy and manual was developed by the Office of School Finance in cooperation with members of the West Virginia Association of School Business Officials, county board of education purchasing directors, the Department of Education’s Purchasing Director, and a number of other dedicated public school officials. Their dedication and hard work devoted to this project are very much appreciated and acknowledged.

Copies of the manual are available on the Department’s website at http://wvde.state.wv.us under both the State Board Policies Section and under School Finance Data/Manuals. Printed copies can also be obtained from the Department of Education, Office of School Finance, Building 6, Room 215,1900 Kanawha Boulevard East, Charleston, WV 25305 or by calling 304-558-6300.

Jorea M. Marple, Ed. D.

State Superintendent of Schools Policy 8200 June 2012 TABLE OF CONTENTS

Section Page Introduction ………………………………………………..…………………………………………… 1 2. Purchase Responsibilities ………………………………..……….…………………………………… 1 3. Acquisition Planning ……………………………………………….…………………………………… 2 4. Requisitions and Purchase Orders …………………………………………………………………… 7 5. Open Ended Contracts, Price Agreements, and Blanket Purchase Orders ….…………..……… 7 6. Requests for Information, Quotations and Proposals and Expressions of Interest ……...……… 8 7. Purchase of Commodities and Services …….……..………………………………………………… 8 Competitive Bid Threshold Limits:

Purchase Costing Less Than $5,000 ……………..………… …………….………………… 9 Purchase Costing $5,000 or More But Less Than $10,000 ………………………………… 9 Purchase Costing $10,000 or More But Less Than $25,000 …………………….………… 9 Purchase Costing $25,000 or More But Less Than $50,000 ………………….…………… 10 Purchase Costing $50,000 or More …………………………………………………………… 10 8. Alternative Procurement Procedures …………………………………………………………………. 11 9. Exemptions from Competitive Bid Requirements ……………………………..…………………… 12 10. Construction Projects …………………………………………………………………………..……… 13 11. Architectural and Engineering Services ……………………………………………………………… 14 12. Agreements ………………………………………………………..……………………………………. 15 13. Leases and Lease Purchase Agreements …………………………………………………………… 15 14. Purchase of Textbooks, Instructional Materials and Learning Technologies …………….……… 16 15. Compliance With Federal Procurement Requirements …….………………………………….…… 16 16. Submission of Sealed Bids …………………………………………………………………………… 17 17. Resident Vendor Preference …………………………………………………..……………………… 18 18. Approval ………………………………………………………………………………………………… 18 19. Awarding ………………………………………………………………………………………………… 19 20. Requirement for Bonds and Deposits …………………………………………………………..…… 21 21. Vendors’ Rights and Duties …………………………………………………………………………… 21 22. Remedies and Suspensions ……………………………………………………………………..…… 22 23. Protests ……………………………………………………………………………………………..…… 22 24. Receipt of Deliveries …………………………………………………………………………………… 23 25. Online Procurement ……………………………………………………………………………….…… 24 26. Payments for Commodities or Services ……………………………………………………………… 24 27. Credit Cards General ……………………………………………………………………………………………. 25 Vendor Issued Cards ……………………………………..……………………………………. 27 Purchasing Cards …………………………………………….………………………………… 28 Travel Cards …………………………………………………….………………………………. 30 28. Emergency Procurement …………….………………………………………………………………… 30 29. Purchases by Schools ………………………………………………………………………………… 33 30. Safeguarding and Control of Assets ……………………………………………………………….… 33 31. Disposal of Surplus Real and Personal Property …………………………………………………… 34 32. Code of Ethics ………………………………………………………….………………………….…… 35 33. Non-Discrimination Provisions ……………………………………….…………………………..…… 35 34. Violations ……………………………………………………………….…………………………..…… 35 Appendixes:

Appendix A – Definitions ……………………………………………………………………..…… 37

Appendix B - Flow Chart ……………………………………………………………………..…… 44

Appendix C – Forms ………………………………………………………………………….…… 46

Appendix D - Code of Ethics ………………………………………………………………..…… 66 1. Introduction.

The overall objective of the purchasing function is to acquire the goods and services necessary to provide the essential services for which an organization is responsible.

All procurement transactions must be conducted in a manner that provides full and open competition, consistent with the ethical standards specified in state and federal statutes, this policy, and all local practices and procedures.

Procedures for the review of all proposed procurements must be established to ensure that only necessary items are purchased.

If written specifications are required, they must be written in such a manner as to maximize and encourage competition.

No board member, officer or employee shall participate in the selection, award, or administration of a contract or purchase order with a related party, or where a conflict of interest, real or apparent, exists.

No board member, officer, or employee shall solicit or accept gratuities, favors, or anything of monetary value from contractors, vendors, or parties to any awards, agreements, or contracts. This prohibition does not apply to unsolicited gifts of nominal value, which is recognized by the West Virginia Ethics Commission to be a gift whose value is less than $25.

Awards will be made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

Although not required, LEAs may want to explore whether the goods and services being purchased are available from a statewide contract or a purchasing alliance, such as the Government Purchasing Alliance or the Southern Region Education Board, before going to the open market.

A flow chart has been developed to assist users of this policy in making the determination of which purchasing requirements apply in each specific situation. This flow chart is included in Appendix B to this manual.

2. Purchase Responsibilities.

According to W. Va. Code §11-8-26, a local fiscal body, which includes county boards of education, shall not expend money or incur obligations:

In an unauthorized manner;

For an unauthorized purpose;

In excess of the amount allocated to the fund in the levy order;

In excess of the funds available for current expenses.

According to W. Va. Code §18-9B-10, county boards of education shall:

Authorize the expenditure of funds and incur obligations only in accordance with the budget and the expenditure schedule;

Make transfers between items of appropriation only with the prior written approval of the State Board of Education.

The governing body of each LEA is responsible for the purchasing, receiving, safeguarding, and disposing of all goods and services obtained for use by the LEA. This authority may be delegated to the superintendent, or director of a RESA or MCVC, or to a designee(s).

The official to whom these responsibilities have been delegated shall be referred to as the purchasing director of the LEA. This individual is responsible for:

2.4.1. Ensuring that all purchases and contracts for the LEA are made in accordance with the provisions of applicable state statutes, this policy and all local policies;

2.4.2. Ensuring that all purchases or contracts for the LEA are made in the name of the LEA;

2.4.3. Prescribing the manner in which commodities are purchased, delivered, stored, and distributed;

2.4.4. Reviewing the specifications and descriptions before soliciting bids to ensure that they do not favor a particular brand or vendor;

2.4.5. Accepting or rejecting any and all bids in whole or in part;

2.4.6. Waiving minor irregularities in bids or specifications;

2.4.7. Applying and enforcing standard specifications;

2.4.8. Transferring to or between schools or spending units, or selling surplus, obsolete, or unused commodities;

2.4.9. Prescribing the amount of deposit or bond to be submitted with any bid or contract;

2.4.10. Prescribing contract provisions for liquidated damages, remedies and/or other damage provisions in the event of vendor default;

2.4.11. Prescribing the manner of inspection for all deliveries of commodities, determining the physical tests to be conducted of samples submitted, and determining that all bids and samples are in compliance with specifications.

Chief School Business Official.

2.5.1. The chief school business official has the overall responsibility for ensuring that funds are available for the purchase and that they have been properly budgeted and encumbered.

Acquisition Planning.

The effective acquisition of needed commodities and services begins with proper planning. The first step is to determine the commodity or service needed, the quantity, the quality level, delivery location, and time frame.

When preparing for a purchase, prior to the actual bidding process, the following steps should be taken: define need; consider acquisition and delivery lead times; develop specifications; explore alternative sources; prepare the requisition; and identify possible vendors.

Define Need – Determining the exact requirements for a commodity to perform a specific function is one of the most important tasks in the procurement process. The individual submitting the requisition must take into consideration the problem to be resolved and what alternatives or options are available to satisfy the need.

Acquisition and Delivery Lead Time:

Acquisition Lead Time – Acquisition lead time is required for all purchases. The average time required to prepare, solicit, evaluate, and make an award varies depending upon the dollar value, responsiveness of vendors, and the complexity of the requisition. Individuals submitting purchase requisitions should always consider the fund obligation period when planning acquisition lead time.

Delivery Lead Time – Order or ship time is the time after the award that is required by the vendor to fill and deliver the order. These times vary widely by industry or commodity. Consideration must be given to market conditions that will affect delivery.

Specifications:

Specifications can either enhance or inhibit competition. To ensure that commodities and services are obtained at the most economical, competition must be sought, whenever possible. This can be accomplished by describing products and services in a manner that meets the LEA’s needs and encourages competition.

A specification is a concise statement explaining the type of product or service, the quality level, special requirements in design, performance, delivery and usage. Specifications must not be restrictive (locking in a specific vendor and limiting competition), or be vague (allowing a vendor to provide a lower than acceptable quality level product or service).

A good specification is the following: Clearly understandable to both the buyer and the seller, complete, concise, identifiable wherever possible with some brand or specification already on the market, verifiable, and reasonable.

Types of Specifications - There are three types of specifications used separately and/or in combination to communicate requirements to the vendor:

“Brand Name(s) or Equal" Specification – This is based upon one or more manufacturer’s commodity description(s), model number(s) and quality level. The manufacturer’s commodity numbers must be easily identified in a current publication that is available to most vendors. Commodity descriptions must be sufficiently detailed, and specify only the required features needed for the application.

Performance Specification - This is based upon the specific performance needs of the LEA. The performance specification is less structured as to how the product is made, and more structured as to how well it performs. Total ownership cost for operating and maintaining the product may be an element of the specification.

Design Specification - This concentrates on the dimensional and other physical requirements of an item being purchased. The design specification is used when the commodity has to be specially made to meet the LEA’s unique needs.

Note: Combinations of the above may be used to communicate clear specifications to vendors. A performance specification may refer to a nationally accepted testing procedure for a commodity; a design specification may indicate the physical size and dimension of the commodity, and a brand name or equal specification may be used to indicate a desired quality level.

The State Purchasing Division has promulgated standard specifications based on scientific and technical data for appropriate commodities, which establish the quality to which such commodities to be purchased and services to be contracted for by the state must conform. These standard specifications, which are prepared and adopted by the Purchasing Division for various products and services, may be available for use by LEAs, which will eliminate the need to redeveloping specifications for commodities and services where specifications have already been developed.

Questions from LEA personnel relating to purchasing issues should be directed to the LEA’s purchasing director. If the LEA’s purchasing director desires assistance, help may be obtained by contacting the appropriate state buyer in the Acquisition and Contract Administration Section of the Purchasing Division for assistance in preparing specifications.

A Request for Information (RFI) is a formal method for requesting written information from vendors for the purpose of developing a Request for Quotation (RFQ) or a Request for Proposal (RFP). The issuance of an RFI is not a mandatory prerequisite to the issuance of an RFQ or an RFP but may be used when it is felt that appropriate expertise or information is lacking to develop adequate specifications for an RFQ or RFP. This process allows for the assistance of multiple vendors who have expertise and can provide information in the area of concern.

3.2.4. Alternative Sources – In the planning process, it is important to review all internal or State sources before going to the open market. Such sources include:

Surplus Property - Since its creation in 1949, the State Agency for Surplus Property has assisted thousands of organizations by offering good, usable property at a substantially reduced price to public agencies and non-profit groups. The State Agency for Surplus Property also administers a federal property program. Property is screened at federal government facilities to provide eligible organizations with a greater quantity and variety of items. The program serves all eligible organizations and acts as a clearinghouse by offering new and used equipment at reduced costs for acquisition. With the federal program, agencies may express their property needs and be placed on a "want list." Federal property screeners will then look for suitable property that may fulfill the organization’s needs.

Commodities and Services Provided by Sheltered Workshops – Certain commodities and services may be available from sheltered workshops that meet the LEA’s quality and price standards and whose prices are comparable to open-market sources.

Piggybacking on a State Open-Ended Contract - Certain commodities and services may be available from a State open-ended contract which an LEA may piggyback, if the contract allows for piggybacking.

Preparing the Requisition –This involves the process of preparing a requisition for authorization to purchase commodities or services and submitting the requisition to the appropriate officials for approval. LEAs must develop local procedures for the submission and approval of purchase requisitions.

a. There are six basic types of purchases that can be made, which include:

One-time/Single Purchase – The purchase of commodities or services on a one- time basis each year; repetitive requisitions for the same commodities or services are not needed.

Open-Ended Contracts – A special type of contract that is used to obtain commodities or services on a repetitive basis throughout the year. Normally all terms, conditions, and prices are prescribed, with the exception of quantity. An LEA may establish the requirement that prior approval be obtained before commodities or services are requisitioned through the form of a release.

Agreements – Contracts used to obtain specific professional, technical, or other specialized services that are not available at the LEA.

Emergency Purchases – Purchases that become necessary when unforeseen causes arise. Emergency purchases are not to be used for hardship situations resulting from neglect, poor planning, or lack of organization.

Leases and Lease Purchases – Lease and lease purchase agreements are methods by which an LEA may obtain equipment or other commodities and make payments over a period of time. The State Constitution and W. Va. Code §11-8-26 prohibit a local fiscal body from expending funds or incurring obligations from future levies.

Direct Purchases (Sole Source) – In a direct purchase situation, competition is not available; the commodity or service is available from only one source.

Life of Contract - Contracts normally cover a 12-month period or cite a specific time for completion for the project or service. A solicitation for a contract that includes an option on the part of the LEA to extend or renew the contract for an additional period may be advantageous and may be considered. If price adjustments are permitted during the contract period, the conditions under which they are authorized must be specified in the original solicitation and resulting contract. All contracts should be reviewed during the contract period to determine if the need still exists for the commodities or services, if prices are fair and reasonable based on the current market conditions, and if performance is satisfactory.

Renewals: The standard terms and conditions used to indicate a specified date on which the contract becomes effective, and extends for a period of one year or until such "reasonable time" thereafter as is necessary to obtain a new contract or renew the original contract. The "reasonable time" period shall not exceed twelve months. Unless specific provisions are stipulated in the contract document, the terms, conditions and pricing established are firm for the life of the contract.

Contracts that contain renewal provisions may be renewed upon the mutual written consent of the LEA and vendor prior to the expiration date. A letter of justification should be maintained on file, stating pertinent reasons for the recommendation to renew an existing contract. These factors include, but are not limited to, vendor performance, market conditions and other analytical measures that indicate that renewing the contract is in the best interest of the LEA. Renewals shall be in accordance with the terms and conditions of the original contract and are limited to two successive one year periods.

Contract Cancellation - The LEA reserves the right to cancel any contract or purchase order upon written notice to the vendor if the commodities and services supplied are of an inferior quality or do not conform with the specifications of the bid or award.

Pre-Bid Conferences - When appropriate, an LEA may conduct a "pre-bid conference" on major acquisitions early in the solicitation cycle to provide an opportunity to emphasize and clarify critical aspects of the solicitation, eliminate misunderstandings and encourage vendor participation. These conferences are conducted with potential bidders when solicitations for complex, large dollar requirements are specified. Attendance at conferences or on-site visits may be optional or mandatory. If mandatory attendance is required, only bids or proposals from those firms represented at the conference or on-site visits shall be accepted.

Sign-in sheets for mandatory pre-bid conferences must contain the following: name of company, person attending (signature and printed name), address, and telephone number. The header information on the sign-in sheet should identify the pre-bid conference and include the date and time of the conference. No one individual may represent more than one firm.

Response Time - When establishing an opening date and time, buyers and/or LEA personnel should allow for holiday mail disruptions as well as adequate time to encourage as many vendors as possible to respond.

Evaluation Period - After bids are opened, a review and evaluation of the bids received is required. The time required for this function varies depending upon the complexity of the solicitation and the number of bids or proposals received.

Identify Possible Vendors – In order to achieve the goal of competitive bidding, a minimum of three bids is required, whenever possible.

Locating vendors selling a particular product or service can be performed in a number of ways, including:

Reference sources, such as the telephone book's yellow pages and other business listings;

Supplier's catalogs, which not only offer local distributors but provides descriptive information on their products and current technology of the market;

Maintenance of a vendor list;

Meeting with business representatives;

Governmental purchasing alliances, and, Utilizing the internet.

Pre-bid Conferences – When appropriate, it is recommended that LEAs conduct “pre-bid conferences” on major acquisitions early in the solicitation cycle to provide an opportunity to emphasize and clarify critical aspects of the solicitation, eliminate misunderstandings and encourage vendor participation.

Requisitions and Purchase Orders.

To comply with the requirements of West Virginia Code §18-9B-9, LEAs are required to maintain a requisition and purchase order system on the West Virginia Education Information System (WVEIS) whereas an approved, pre-numbered purchase order is issued to the successful vendor prior to an order for a commodity or service being placed.

Purchase orders, however, are not required for refunds, reimbursement of travel expenses, the distribution of faculty senate funds to the individual schools in a county, and utilities.

Purchase orders are also not required for purchases of commodities and services made through the use of the State’s purchase card system, or other purchase card system that provides the same level of internal accounting controls as the State’s system. However, in order to comply with the requirements of West Virginia Code §18-9B-9, and to maintain budgetary controls, the funds must be encumbered in the West Virginia Education Information System (WVEIS). In addition, all requirements specified in Section 27.2 of this policy related to the purchase card program must be followed, including individual transaction limits, monthly transaction limits, and maximum number of transactions.

A copy of each approved purchase order must be retained for file. The file copy may be retained either on paper, or electronically if the original approval signatures are available for subsequent review.

No purchase order may be issued in excess of the funds available in the current year or which obligate the funds of a subsequent year. Purchase orders may not be issued prior to the end of a fiscal year for delivery and payment after July 1, in excess of the amount available in the current year’s budget.

Open Ended Contracts, Price Agreements, and Blanket Purchase Orders.

The LEA may use open-ended contracts, price agreements, or blanket purchase orders to obtain commodities or services of a repetitive nature rather than issue a purchase order for each individual purchase.

The purchasing director may solicit requirements for similar commodities and services to determine the best methods for acquisition.

Open-ended contracts or price agreements may be used only in situations where the commodity and price are known through a competitive bid process, but the quantity needed is not, such as food products used by child nutrition program.

Blanket purchase orders may be used in situations where there is normally a large volume of small dollar purchases of a repetitive nature and it is difficult to determine in advance exactly which products are needed, such as in facility or vehicle maintenance activities. Whenever practical, blanket purchase orders should be issued, with consideration of the bidding requirements, on a periodic basis throughout the year, such as on a monthly or quarterly basis, to maintain budgetary controls.

Request for Information, Quotations, Proposals; and Expressions of Interest.

A request for information (RFI) is a document used to solicit information to assist the LEA in preparing specifications prior to issuing an RFQ, RFP or other device issued to solicit bids. RFIs are optional and cannot be used to award a bid. RFIs should be used when appropriate expertise or information is lacking to develop adequate specifications for an FRQ or RFP.

A request for quotations (RFQ) is a document used to solicit competitive bids for commodities and that contain all of the specifications or scope of work and contractual terms and conditions. Conformity to specifications and price are the only factors used in the evaluation process.

A request for proposal (RFP) is a document used to solicit competitive bids for professional, technical or other specialized services where the specific scope of the work may not be comparable and the cost is not the sole factor in determining the award.

An expression of interest (EOI) is similar to a request for proposal, but is used ONLY for the procurement of architectural and engineering services. It is used in the selection of architects and engineers and permits the LEA to award a contract to the most qualified vendor on the basis of demonstrated competence and qualification at a cost that is determined to be fair and reasonable.

Purchase of Commodities and Services.

Commodities and services are to be purchased in accordance with the procedures specified in this section.

The competitive method used is determined by the threshold limits discussed in Section 7.11. These limits are based on the best estimate of the purchasing director at the time the bid prices are solicited, however, LEAs may establish lower threshold limits if they desire.

The threshold level to be used is determined by the total estimated cost of the item being purchased, which is the unit cost multiplied by the quantity.

The bid method selected will be considered to be the appropriate method unless the lowest bid received exceeds the maximum dollar threshold of the bidding method selected by ten percent. If the lowest bid exceeds the threshold by more than ten percent, the bid must be re-bid using bid requirements with a higher dollar threshold level.

Purchases cannot be separated into a series of separate requisitions or purchase orders, called stringing, for the purpose of circumventing the applicable threshold limits of these competitive bidding procedures.

Commodities may be purchased from a retail outlet that charges a membership fee, whenever it is determined to be in the best interest of the LEA. The membership fee is another cost associated with the purchase and needs to be taken into consideration in making the determination. Membership fees cannot be paid for individual employees to become members, nor can an LEA’s membership card be used by employees for personal purchases, even if the retail outlet does not charge an additional fee for employees to be members.

Since the variety of services can vary significantly among service providers, services may be procured without basing the selection of the vendor solely on price. The cost can be negotiated without the use of competitive bids; however, RFPs are encouraged whenever possible.

If the price is not the sole determining factor in making the selection, the LEA must establish the procedures and criteria for evaluating the proposals received.

Documentation of the criteria and selection process must be retained for review. See the Records Retention Schedule published by the Office of School Finance for the period of time that the records must be retained.

The procedures for the: submission of sealed bids are discussed in Section 16 of this manual; the approval process in Section 18; and the awarding of bids in Section 19.

Competitive Bid Threshold Limits:

Purchases costing less than $5,000:

Competitive bids are encouraged but not required.

An approved purchase order is required before the merchandise or service is ordered.

7.11.2. Purchases costing $5,000 or more but less than $10,000:

Competitive bids are required.

A minimum of three (3) verbal quotes must be obtained, whenever practical.

Bids may be solicited by telephone, internet, mail, or by visiting the vendor.

Documentation must be maintained of all quotes obtained, recording the name of the vendor, name of the vendor’s representative, name of the LEA’s representative seeking the quote, date, commodity, and price.

Refer to the Records Retention Manual issued by the Office of School Finance for the period of time that the documentation is to be retained.

A sample form for recording these quotes in included in Appendix C.

An approved purchase order is required before the merchandise or service is ordered.

7.11.3. Purchases costing $10,000 or more but less than $25,000:

Competitive bids are required.

A minimum of three (3) written bids must be obtained, whenever practical.

Bids may be solicited by telephone, internet, or mail, but a written bid must be submitted by the vendor.

A “No bid” is not to be considered a received bid, so sufficient requests should be solicited to assure that at least three actual bids are received, whenever practical.

All bids received must be retained for public review and inspection during normal business hours. Refer to the Records Retention Manual issued by the Office of School Finance for the period of time that the bids are to be retained.

An approved purchase order is required before the merchandise or service is ordered.

7.11.4. Purchases costing $25,000 or more but less than $50,000:

Competitive bids are required and bids shall be solicited from at least three known suppliers whenever practical, using advertising media such as newspapers, the internet, trade journals, purchasing bulletins, other media considered advisable, or mass mailings.

If a vendor list is maintained, this requirement may be met by submitting the bid request to the vendors on the list.

If a vendor list is not maintained, a good faith effort must be made to solicit as many competitive bids as practical, providing them adequate time to submit proposals.

The invitation for bids, must include all specifications and pertinent attachments, and shall define the items or services in order for the bidder to properly respond.

An LEA may waive the requirement to advertise when a vendor is considered to be the sole source for the item being purchased, when it is determined to be in the best interest of the LEA, or when professional, technical, or specialized services are being acquired under an agreement. All waivers must be well documented and those based on a best interest determination must be approved by the county superintendent, or director of a RESA or MCVC.

Any and all bids may be rejected if there is a sound documented reason.

The request for bids must be retained for public review and inspection during normal business hours. After the bid is awarded, all criteria and evaluations used in making the selection, as well as all bids received from vendors, must be retained for public review. Refer to the Records Retention Manual issued by the Office of School Finance for the period of time that the bids are to be retained.

An approved purchase order is required before the merchandise or service is ordered.

7.11.5. Purchases costing $50,000 or more:

The solicitation for bids must specify that the bids are to be received in the form of sealed bids.

The request for bids must be publicly advertised using such media as legal advertisements in local newspapers, the internet, trade journals, purchasing bulletins, mass mailings or other media considered advisable, and adequate time must be provided to allow interested bidders sufficient time to submit their responses prior to the date set for the opening of bids.

The invitation for bids must include all specifications and pertinent attachments and must define the items or services in order for the bidder to properly respond.

All bids will be publicly opened at the time and place specified in the invitation for bids.

An LEA may waive the requirement to advertise when a vendor is considered to be the sole source for the item, when it is determined to be in the best interest of the LEA, or when professional, technical, or specialized services are being acquired under an agreement. All waivers must be well documented, and those based on a best interest determination must be approved by the governing body.

Any and all bids may be rejected if there is a sound documented reason.

The request for bids must be retained for public review and inspection during normal business hours. After the bid is awarded, all criteria and evaluations used in making the selection, as well as all bids received from vendors, must be retained for public review. Refer to the Records Retention Manual issued by the Office of School Finance for the period of time that the bids are to be retained.

An approved purchase order is required before the merchandise or service is ordered.

Alternative Procurement Procedures.

The LEA may purchase equipment and other commodities or services directly from a vendor without competitive bidding, if any of the following conditions exist:

8.1.1. The item cannot be obtained through ordinary purchasing procedures, such as in situations where no bidders respond to a request for bids;

8.1.2. The item is unique, or is not available from any other source (sole source). This can include copyrighted materials, conference facilities, lecturers, and workshop presenters;

8.1.3. The item is available from the State, a RESA, or another LEA, provided the price, availability, and quality are comparable to those in the open market;

8.1.4. The item is available from a statewide contract and “piggybacking” by local governmental entities is permitted in the contract;

8.1.5. The item is available from a General Services Administration (GSA) schedule and the supplier is willing to sell to an LEA in the state at the same or lower price.

8.1.6. The item is available from a sheltered workshop;

8.1.7 The item is available from a local purchasing cooperative, such as a RESA or a group of county boards that are working together to use their combined purchasing volume to obtain more advantageous pricing through economies of scale.

8.1.8. The item is available from a legitimate government purchasing cooperative that has already obtained competitive bids that meet the requirements of this policy, such as the Association of Educational Purchasing Agencies (AEPA), the U.S. Communities Purchasing Alliance, or The Cooperative Purchasing Network (TCPN).

8.1.9. The item is a used vehicle or piece of equipment and its purchase is determined by the purchasing director to be in the best interest of the LEA.

Documentation of the justification for using these alternative competitive procurement procedures must be maintained.

Exemptions from Competitive Bid Requirements.

The following items or services may be purchased by LEAs without advertisement or obtaining competitive bids.

Accounting services and audits exclusive of the annual audit of the LEA’s financial statements.

Advertising – Any advertisement placed directly with newspapers, trade magazines, etc. Does not include radio, broadcast television, or cable television; any indirect placement, promotional items; or advertising consultant services.

Artwork and Historical Items – Includes purchase of and service to artwork and historical items.

Attorneys and Law Firms.

Auditing Contracts between Governmental Agencies.

Entertainers.

Facilities Rentals.

Medical Fees – Fees for medical services (behavioral and physical) from individual doctors, psychologists, dentists, clinics, hospitals, audiologists, county medical examiners, physical and occupational therapists, behavioral counseling and evaluations, etc. for individual students.

Postage – Stamps, metering, overnight services.

Software maintenance.

Student activities – (Lecturers, entertainers, athletic events, referees, teachers for staff development, etc.).

Investigative Services, Subject Matter Experts and Witnesses – For administrative hearings and legal procedures.

Subscriptions and publications - (Newspapers, textbooks, and publications (electronic and hard copy) purchased directly from the publisher.

Training Activities – Lecturers, honorariums, copyrighted test and training materials, test monitors, examination proctors, etc., where competition is not available.

Tuition, Stipends, Accreditation and Registration Fees.

Utilities – Regulated by the Public Service Commission.

Livestock and fish stock for vocational programs.

Fees imposed by Other Government Entities (licenses, permits, etc.)

Court Ordered Payments – A copy of the court order must be maintained, unless sealed and restricted by the respective judge. If the order is sealed and restricted, an explanation must be maintained that references the court order.

Court Ordered Placements – Includes placing children at various education and/or behavioral centers when ordered by West Virginia courts or the West Virginia Department of Health and Human Resources.

Documentation of the justification for not following competitive procurement procedures must be maintained.

Construction Projects.

According to W. Va. Code §5-22-1 et seq., the state and its subdivisions, including LEAs must, except as provided in the code, solicit competitive bids for every construction project exceeding $25,000 in total cost, but Sub-section (i) of that statute goes on to state that the section does not apply to emergency repairs to building components and systems. The term emergency repairs is defined in the statute as meaning repairs that, if not made immediately, will seriously impair the use of building components and systems or cause danger to those persons using the building components and systems.

Following the solicitation of bids, the contract shall be awarded to the lowest qualified responsible bidder, who shall furnish a sufficient performance and payment bond.

An LEA may reject any or all bids and solicit new bids on a project.

According to W. Va. Code §21-5A-1 et seq., any public authority, including LEAs, before advertising for bids for the construction of a public improvement, must ascertain from the state commissioner of labor the prevailing wages to be paid by the successful bidder to the laborers, workmen or mechanics in the various branches or classes of the construction to be performed, and such schedule of wages must be made a part of the specifications.

The term “construction project” is not defined in West Virginia Cods §5-22-1 et seq. but the term “construction” is defined in West Virginia Code §21-5A-1, as used in that chapter of the Code, as any construction, reconstruction, improvement, enlargement, painting, decorating, or repair of any public improvement let to contract, but does not include temporary or emergency repairs. The term repair has been interpreted by the West Virginia Division of Labor to include maintenance contracts.

Prevailing wage rates apply to all construction projects, regardless of the dollar amount of the project.

According to the West Virginia Division of Labor, all construction contracts in excess of $10,000 must be in writing.

At times, it becomes necessary to make a change in a construction project because of unforeseen circumstances that arise during the construction phase that were not known at the time the original contract was bid. At other times, it may be deemed to be in the best interest of the LEA to make changes to a project during construction for a variety of reasons. While these changes may be determined to be necessary, a conscious effort must be made to limit the number and amount of changes to maintain the integrity of the competitive procurement process. All changes to a construction project must be documented by a written change order. To minimum the number of change orders issued:

Construction change orders should be issued only when it is determined they are absolute necessary; the number of change orders issued should be restricted to the least number possible, change orders should not be used to alter the original scope of the project; and the cumulative effect on the total cost of the project should be minimal.

Construction change orders cannot be used to: include additional work of a significant nature that was not in the original scope of the project, expand the cost of the project significantly beyond the original contract amount, or expand the work beyond the original work site.

All construction change orders must be implemented in writing.

LEAs must establish an approval process for all change orders. The process should include the review and approval by the purchasing director of all change orders that have an impact on the total cost of the project, and change orders that have an impact on the cost or scope of the project must be submitted to the LEA’s board for approval. The approval process should also address the timely approval of time sensitive construction work that must be completed as soon as possible to minimize disruption of the construction process.

Project records should be maintained to clearly reflect the accumulative costs resulting from change orders.

The procedures for the: submission of sealed bids are discussed in Section 16 of this manual; the approval process in Section 18; and the awarding of bids in Section 19.

Architectural and Engineering Services.

According to W. Va. Code §5G-1-1 et seq., the state and its sub-divisions, including LEAs, must procure architectural or engineering services on the basis of demonstrated competence and qualifications for the type of professional services required.

For projects estimated to cost less than $250,000, competition must be sought. The LEA must conduct discussions with three (3) or more professional firms solicited on the basis of known or submitted qualifications for the assignment prior to the awarding of any contract. If it is determined that seeking competition is not practical, the LEA may, with the prior approval of the agency’s director of purchasing, select a firm on the basis of previous satisfactory performance, and knowledge of the agency’s facilities and needs.

For projects estimated to cost $250,000 or more, architectural and engineering firms are to be encouraged to submit an expression of interest, which shall include a statement of qualifications and performance data, and may include anticipated concepts and proposed methods or approach to the project. All jobs must be announced by public notice published as a Class II legal advertisement in compliance with W. Va. Code §59-1-1, et seq.

A committee of three (3) to five (5) representatives of the LEA shall evaluate these statements and select three firms, which, in the committee’s opinion, are best qualified to perform the desired service, provided that, on projects funded wholly or in part by the West Virginia School Building Authority, two (2) of the three (3) firms selected must have had offices within the state for at least one year prior to submitting the expression on interest.

The committee shall then rank, in order of preference, no less than three (3) of the firms selected, and shall commence negotiations with the firms in the order of preference the scope of services and price for the work to be performed.

11.2. The procedures for the: submission of sealed bids are discussed in Section 16 of this manual; the approval process in Section 18; and the awarding of bids in Section 19.

Agreements.

An agreement is a procurement device used for obtaining professional, technical, or other specialized services where the scope of the services is known but the price is not the sole factor in determining the award. The services can include such activities as legal counsel; accounting services; presenters for continuing professional development activities; technology installation, repair and maintenance; and conference meeting facilities.

The agreement must be in writing and the total cost must be stated either as a “sum certain,” or at a fixed rate, if the number of hours of service being acquired is not known, such as for legal services.

The agreement amount must also include the total being paid for any anticipated travel expenses incurred by the service provider. The payment of travel expenses for an independent contractor has federal and state income tax implications. Room or travel accommodations are not to be paid directly by the LEA for contract service providers.

If using an agreement provided by the vendor, care must be exercised to ensure that the agreement does not contain contractual requirements that are in violation of state statutes, such as any clause that requires a prepayment, the imposition of a penalty or termination charge should the LEA cancel the agreement, or the requirement that the LEA indemnify or hold harmless the vendor. A sample of an agreement addendum is included in Appendix C that can be attached to any agreement to modify common requirements that are not acceptable.

The procedures for the: submission of sealed bids are discussed in Section 16 of this manual; the approval process in Section 18; and the awarding of bids in Section 19.

Leases and Lease Purchase Agreements.

Lease and lease purchase of equipment are methods by which an LEA may obtain equipment and make payments for the use of the equipment over a period of time.

In a lease purchase agreement, the LEA reserves the right to exercise an option, normally at the time of the last installment payment, to have the lease payments apply, in whole or in part, as installment payments towards ownership of the equipment.

Leases and lease purchase agreements may be negotiated with the vendor providing the original product being acquired, or with another vendor that provides only the financing arrangement. In the later case, the lease arrangement becomes a service agreement rather than a commodity purchase.

Competitive bids are encouraged but not required for leases and lease purchase agreements.

In lease purchase agreements, the agreement must be for the acquisition of the commodity being acquired; the collateral for the agreement cannot be property that is already owned by the LEA.

Title cannot transfer from the lessor to the lessee until the option to purchase the commodity is exercised, normally at the time the last installment payment is made.

The State Constitution and W. Va. Code §11-8-26 prohibit a local fiscal body from expending funds or incurring obligations from future levies.

A lease purchase agreement extending beyond the fiscal year must contain a non-binding cancellation clause where the contract can be terminated at the end of each fiscal year, at the LEA’s discretion, without creating a present indebtedness for the aggregate of the installment payments.

Any language in a lease purchase agreement that might require an LEA to give notice to the lessor or be liable for future payments before terminating the agreement at the end of a fiscal year is void.

14. Purchases of Textbooks, Instructional Materials and Learning Technologies.

All textbooks are to be purchased in accordance with procedures prescribed in W. Va. Code §18-2A-1 et seq. No textbook, instructional materials, or learning technologies may be purchased for use in the public school in the State of West Virginia as the primary source of delivery of the instructional goals and objectives for state required courses unless the materials have been approved and listed on the state multiple list by the West Virginia Board of Education (hereinafter State Board), except for the provisions included in W. Va. Code §18-2A-8. Magazines, newspapers and other periodicals may be purchased for classroom use to supplement those items on the state multiple list.

When the selection and approval of the items on the multiple list have been made, the State Board is required to: (1) furnish contracts for the selected items to the appropriate vendors within 30 days of the adoption of the multiple list; (2) prepare a list of the adopted items, publish the list; (3) and provide a copy of the list to each county superintendent and vendor who submitted a bid by January 15th of the year of the county adoption of the materials.

Any vendor awarded a contract to furnish items on the multiple list is required to furnish the items for the period of adoption, to any county board of education, any dealer appointed by the board, or any State Board approved depository at the lowest wholesale price contained in the bids or contracts made to any other county school system, dealer, or depository in any other state, like conditions prevailing.

According to W. Va. Code §18-2A-4, vendors are required to automatically reduce prices when prices are reduced anywhere in the United States, so that no item is sold at any time in the State at a higher wholesale price than received for the item elsewhere in the country.

All items sold in West Virginia must be identical to the official samples filed with the State Board as regards to quality standards, specifications, subject matter, and other particulars which may affect the value of the items. The State Board, may however, approve revised editions of the adopted materials during the period of the contract, which will authorize a vender to furnish the revised materials.

Compliance with Federal Procurement Requirements.

Whenever procuring commodities and services with federal grant proceeds, all LEAs must use the procurement procedures specified in this policy and all locally adopted procedures.

Any requisition utilizing federal funding which includes special requirements in addition to or different than normal purchasing requirements must be identified when the requisition is submitted to the purchasing director.

Procedures for the procurement of commodities and services with funds from the U. S. Department of Education are included in that agency’s regulations entitled, United States Education Department General Administrative Regulations (EDGAR), sections 74.41 through 74.48.

Procedures for the procurement of commodities and services with funds from other federal agencies can be found in that agency’s administrative regulations.

LEAs are prohibited from purchasing commodities or services, or entering into construction contracts, from a vendor that has been debarred by the federal government.

16. Submission of Sealed Bids.

All sealed bids are to be submitted at the vendors’ expense.

Bidders must submit their bids and/or proposals prior to the date and time of the bid opening in the format prescribed by the LEA. Substitutions for the prescribed format are acceptable only if the substituted terms, conditions, and/or provisions have been approved in advance by the purchasing director.

Bidders shall submit their bids and/or proposals to the purchasing director. The director shall reject all bids not received by the specified date and time.

An authorized representative of the bidder shall sign all bids before submission. A corporate signature without an individual name is not an acceptable signature.

An LEA may accept the submission of bids by facsimile transmission. The completed facsimile transmission must be received by the LEA prior to the specified date and time for submission of the bid. A vendor choosing to submit a bid or a written change to a bid by facsimile transmission accepts full responsibility for the transmission and receipt of the bid or change. The LEA accepts no responsibility for the unsuccessful and/or incomplete transmission of bids by facsimile machine. An original document and a copy of a bid that is initially sent by facsimile transmission shall be sent to the purchasing director within two (2) working days after the bid opening date and must be identical to the bid submitted by facsimile transmission.

Copies of bids may be open for public inspection in the office of the purchasing director immediately after bid opening. All files related to the evaluation and awarding of the bids are open for public inspection after the award has been made.

A bidder may make a written change of a sealed bid before the bid opening. A bidder shall submit written changes to the purchasing director prior to the date and time of the bid opening. A bidder may submit changes by facsimile transmission.

The LEA may reject an erroneous bid after the bid opening if all of the following conditions exist: (1) an error was made; (2) the error materially affected the bid; (3) rejection of the bid would not cause a hardship on the LEA, other than losing an opportunity to receive commodities at a reduced cost; and (4) enforcement of the part of the bid in error would be unconscionable. In order for the LEA to reject a bid, documented evidence shall be maintained that all of the conditions set forth in this subdivision exist.

If there is a conflict between the extension price and the unit price, or other minor errors exist that are not sufficient to cause the bid to be rejected, the unit price prevails.

A bidder may make a price adjustment on any purchase order if specific provisions for price adjustments have been incorporated in the RFQ and purchase order. A bidder shall make a request for price adjustment in accordance with the specific terms and conditions of the individual purchase order. In the event no provision for price adjustment has been made, discretion to grant a price adjustment rests with the LEA.

Resident Vendor Preference.

According to W. Va. Code §5A-3-37, preference for resident vendors of the State of West Virginia or preference for vendors employing state residents may be granted in the purchase of commodities or printing.

There is no statutory authority that permits LEAs to grant local residential preference to vendors of a county or a local community within a county.

LEAs may establish by local board policy, procedures for granting preference to resident vendors of the State in the awarding of a bid for the purchase of commodities and printing made upon competitive bids, with the exception of purchases made with federal funds where the federal program regulations prohibit the granting of such vendor preference. Care should be taken in establishing such procedures, however, because it can result in a higher purchase price for the LEA. Vendor preference cannot exceed five (5) percent of the lowest bid submitted by a qualified bidder.

17.4. A qualifying resident vendor may include but not be limited to one who maintains the following business activities or has paid the indicated taxes within the State:

17.4.1. Is authorized to transact business within the State by appropriate authorities;

17.4.2. Maintains an office in the State;

17.4.3. Has actually paid real or personal property taxes on real estate or equipment used in the regular course of business related to the commodities or services offered;

17.4.5. Has paid business taxes to the State and to municipalities; and

17.4.6. When selling tangible personal property, has available for delivery a stock of materials of the type being offered and of a reasonable quantity.

Approval.

In order to ensure that only necessary purchases are made, all purchases must have the prior approval of an employee who has supervisory authority over the individual initiating the purchase request. Purchases by employees who have the authority to approve purchase requisitions must have the approval of the county superintendent or designee, or director of a RESA or MCVC, except purchases of expendable supplies by schools.

The purchase of commodities or services costing less than $5,000 must have the prior approval of an employee who has supervisory authority over the individual initiating the purchase request.

All contracts for the purchase of commodities or services, with the exception of consumable supplies, that involve the expenditure of $5,000 or more but less than $25,000 must have the prior approval of the purchasing director or other designee.

All contracts for the purchase of commodities or services, with the exception of consumable supplies, that involve the expenditure of $25,000 or more but less than $100,000 must have the prior approval of the county superintendent or director of a RESA or MCVC.

All contracts for the purchase of commodities or services, with the exception of consumable supplies, that involve the expenditure of $100,000 or more must have the prior approval of the LEA’s governing board. The approval can be granted either as a consent agenda item or by a separate motion of the board.

Awarding.

Commodities.

The award for the purchase of commodities shall be made to the lowest responsible bidder, with the exception of the purchase of school buses. According to West Virginia Code §5A-3-11, state bids on school buses shall be accepted from all bidders who shall then be awarded contracts if they meet the State Board’s “Minimum Standards for Design and Equipment of School Buses.” County boards may select from any of the bidders who have been awarded contracts.

In making such award, the purchasing director shall consider such factors as quality (meeting specifications), price, time of delivery, cost of delivery, and other terms and conditions considered prudent.

In situations of discrepancies in bid documents, unit prices shall prevail in all cases.

In some cases the purchasing director shall make multiple and/or split awards when it is in the best interest of the LEA to do so.

An LEA may reject any or all bids and solicit new bids.

Agreements.

The award of agreements that are used for obtaining professional, technical, or other specialized services may be negotiated and need not be competitively bid, since the variety of the services can vary significantly among providers.

Locally developed criteria may be established for evaluating and negotiating such agreements. Competitive bids may be solicited, but the award need not be awarded to the lowest bidder.

An LEA may reject any or all bids that may have been requested and solicit new bids.

Contracts.

According to West Virginia Code §5A-3-10a, No contract or renewal of any contract may be awarded by the state or any political subdivision to any vendor when the vendor or a related party to the vendor is a debtor and the debt owed is an amount greater than $1,000, as defined in the following paragraphs.

Debt is defined in the statute as any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, workers’ compensation premiums, penalty, or other assessment or surcharge presently delinquent or due and required to be paid to the state or any of its political subdivision, including any interest or additional penalties accrued thereon.

The prohibition does not apply where a vendor has contested any tax, workers’ compensation premium amount, permit fee, or environmental fee or assessment and the matter has not become final, or the vendor has entered into a payment plan and the vendor is not in default of any provisions of the payment plan.

Any bids, contract proposals or contracts with the state or any of its political subdivisions must include an affidavit that the vendor or related party to the vendor does not owe any debt in an amount in excess of $1,000.

Accounting and Auditing Services Contracts.

Contracts for the annual audit of the LEA are to be awarded in accordance with the instructions issued by the State Auditor’s Office.

Contracts for accounting services and audits of the individual schools may be issued by the LEA using the procedures specified in a preceding sub-section for agreements.

An LEA may reject any or all bids that may have been requested and solicit new bids.

Construction Contracts.

According to W. Va. Code §5-22-1 et seq., the award of every construction contract that exceeds $25,000 in total cost must be awarded to the lowest qualified responsible bidder, who shall furnish a sufficient performance and payment bond.

An LEA may establish by local procedures the criteria for determining whether a bidder is considered a qualified responsible bidder. The determination is to be made during the evaluation process and not at the time the bids are opened.

An LEA may reject any or all bids and solicit new bids on the project.

Architectural or Engineering Services.

According to W. Va. Code §5G-1-1 et seq., the state and its sub-divisions, including LEAs, must procure architectural or engineering services on the basis of demonstrated competence and qualifications for the type of professional services required, as discussed in Section 12 of this manual.

The LEA may accept or reject, in whole or in part, any bid when it is determined to be in the best interest of the LEA. If any bid is rejected, the purchasing director shall place a written explanation in the purchase order file.

Tied Bids.

When tie bids are received, the award can be made by allowing the tied vendors to make a "last and final offer," by flip of a coin, draw of the cards, or any other impartial method considered prudent by the purchasing director.

20. Requirement for Bonds and Deposits.

The purchasing director shall determine the applicability and amount of bonds and/or deposit required of a vendor at any time, if, it is judged that security is necessary to safeguard the LEA from undue risk.

The types of bonds that may be required include bid bonds, performance, surety, litigation, or maintenance bonds.

The purchasing director may require the vendor to submit a certified check, certificate of deposit, bond, or any other security acceptable to the purchasing director, payable to the LEA. Personal checks and/or company checks are not acceptable.

The provisions for these requirements should be incorporated into the request for quotation and purchase order. When any contract is satisfactorily completed on which a surety bond or other deposit has been previously submitted, the individual originating the purchase shall certify the satisfactory completion or acceptance of the commodities or services being purchased in writing to the purchasing director.

Upon receipt of the notification, the purchasing director shall return the check or deposit to the vendor.

21. Vendors' Rights and Duties.

Each vendor is solely responsible for the delivery of the bid proposal in writing to the place and location specified by the LEA in the bid requisition. The bid must be received by an authorized employee of the LEA prior to the specified date and time specified in the bid opening.

The official time clock for the purpose of receipt of bids, shall be displayed in the office of the purchasing director.

Vendors are responsible for the accuracy of the information in the bid.

A vendor who fails to return all required forms and materials with their bid may be suspended from the bidding list.

If there is a conflict between the extension price and the unit price, the unit price prevails.

Each vendor must honor any contractual term or condition included in the bid document.

Each vendor must indicate a definite shipping date on all bids after receipt of the purchase order. If not indicated on the vendor's response, the LEA may require delivery within ten (10) days after receipt of the order.

Any changes made by the vendor in the specifications listed in the bid request shall be clearly stated by the vendor. If changes are not stated, the LEA shall assume that items offered meet the specifications.

If a vendor is suspended and requests a hearing, one will be scheduled with the county superintendent, RESA director or MCVC director, or his/her designee. The vendor shall be notified, in writing, of the date, time and place of the hearing.

22. Remedies and Suspensions.

Remedies.

22.1.1. In the event that a vendor fails to honor any contractual term or condition, the LEA may:

Cancel the contract and re-award the purchase order to the next lowest bidder. The vendor failing to honor contractual obligations is responsible for all differences in cost;

Declare a vendor non-responsible or non-responsive and refuse to award a purchase order. All such instances shall be substantiated in writing. The documentation shall be considered a public document and shall be available for inspection at all reasonable times; or Suspend, for a period not to exceed one (1) year, the right of a vendor to bid on purchases when there is reason to believe the vendor has violated any of the provisions, terms, or conditions of a contract, this rule, and/or State law. A suspended vendor may appeal the decision of the Purchasing Director to the LEA’s board.

Suspensions.

22.2.1. The following are adequate grounds for suspension:

A vendor has exhibited a pattern of poor performance in fulfilling his or her contractual obligations to the LEA. Poor performance includes, but is not limited to, a vendor providing or furnishing commodities, materials, or services late, or at a quantity or quality level below that which is specified in the contract.

A vendor has breached any contract entered into pursuant to the provisions of W.Va. Code §5A-3-1 et seq. or this rule; or A vendor has been convicted of a federal, state, or local crime punishable as a felony, directly related to the performance of a contract entered into pursuant to this rule.

23. Protests.

23.1. Submission of a Protest.

23.1.1. Protests based on bid specifications must be submitted no later than five (5) working days prior to bid opening. Protest of purchase order/contract awards must be submitted no later than five working days after the award. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the purchasing director.

23.1.2. All protests shall be submitted in writing to the purchasing director and contain the following information:

a. The name and address of the protestor;

b. The requisition, purchase order/contract numbers;

c. A statement of the grounds of protest;

d. Supporting documentation (if necessary); and e. The resolution or relief sought.

23.1.3. Failure to submit this information shall be grounds for rejection of the protest by the purchasing director.

23.2. Review of Protest.

23.2.1. The purchasing director or his/her designee shall review the matter of protest and issue a written decision. A hearing may be conducted at the option of the purchasing director or assigned designee. Continuation or delay of purchase order/contract award is at the discretion of the purchasing director.

23.2.2. The purchasing director may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction; if the merits have previously been decided by a court of competent jurisdiction; or if it has been decided in a previous protest by the purchasing director. The provisions of this subsection do not apply where the court requests, expects, or otherwise expresses interest in the decision of the LEA.

24. Receipt of Deliveries.

Deliveries to a warehouse.

When deliveries are made to a central warehouse, or directly to a school or other cost center, personnel receiving the commodities are responsible for the inspecting of goods, ensuring that purchases meet contractual requirements, signing for the commodities, and forwarding the receipting documents to the business office for payment of the invoice.

LEAs must develop local procedures for receiving merchandise shipped from vendors to a central warehouse for subsequent delivery to a school or other cost center. These procedures must include the steps to be followed in the following circumstances:

When the complete order is received and the warehouse personnel are able to verify that all items ordered are received;

When the complete order is received but the warehouse personnel are not able to verify that all items ordered are received, such as when the computer hardware is ordered with specified pre-loaded software;

When all items are not shipped and backorders will not be accepted;

When all items are not shipped and backorders will be accepted.

24.2. Deliveries shipped directly to a school or other cost center.

24.2.1. LEAs must also develop local procedures for receiving merchandise shipped from vendors directly to a school or other cost center. These procedures must include the steps to be followed in the same circumstances discussed in the preceding paragraph.

24.3. Deliveries received that are not of acceptable quantity or quality.

24.3.1. Any problems with quality, quantity, performance, and lack of conformity to specifications, should be reported to the purchasing director immediately. Poor quality items that do not meet specifications should not be accepted and approved for payment. This applies also to term contract items. It is always best to resolve problems before final payment has been made, whenever possible. Retain all shipping documents and packing containers.

25. Online Procurement.

Online procurement is the process of comparing prices, requisitioning, purchasing, and paying for commodities and services using the Internet.

Online procurement products include: bid process acquisition system for purchases requiring a quote or competitive bid process; direct purchase system for purchases not requiring a quote or bid; purchasing card payment process, if desired; and purchasing card reporting system.

If online procurement is used, all purchasing policies must be followed, including the issuance of purchase orders prior to the time the commodities or services are ordered. The purchase order must be issued to the vendor from whom the commodities or services are being purchased, and not to the online procurement provider.

26. Payment for Commodities or Services.

According to W. Va. Code §12-3-18, it is unlawful for a board of education to pay any claim for services rendered or materials furnished unless an itemized account of the claim is filed by the claimant.

The account shall be itemized in detail, and shall show, among other things, the following:

If the claim is for services, the claim shall show the kind of services, the dates when the services were performed, and the name of the person performing the services.

If the claim is for materials or supplies furnished, the claim shall show in detail the kind of material or supplies, the quantity, dates of delivery, and to whom delivered.

Consequently, LEAs cannot make payments from a summarized statement, but must make all payments for materials furnished and services rendered from an itemized invoice.

In addition, payments cannot be made in advance of the materials being furnished or the services rendered.

The WV State Auditor’s Office has interpreted that prepayment to reserve rooms or purchase airline tickets before the date of travel does not constitute the payment for services in advance of the services being rendered. The payment is for a reservation for a specific future use. In instances where these travel reservations are exercised, the LEA must have controls in place to ensure proper use of the reservations.

According to W. Va. Code §11-10-11(d), all state, county, district, and municipal officers and agents making contracts on behalf of the state or any political subdivision thereof must withhold payment in the final settlement of any contract, until the receipt of a certificate from the tax commissioner to the effect that all taxes against the contractor have been paid or provided for. A copy of the “Release of Final Settlement” form is included in Appendix C.

In addition, if the contract is subject to county or municipal business and occupation taxes, the payment must also be withheld until receipt of a release from the applicable county or municipality to the effect that all county or municipal business and occupation taxes levied or accrued against the contractor have been paid.

According to W. Va. Code §23-1-1(c) all state, county, district, and municipal officers and agents making contracts on behalf of the state or any political subdivision thereof must withhold payment in the final settlement of any contract until the receipt of a certificate from the West Virginia Insurance Commissioner to the effect that all payments, interest, and penalties accrued against the contractor related to Workers Compensation coverage have been paid or provided for.

According to W. Va. Code §21A-2-6c all state, county, district, and municipal officers and agents making contracts on behalf of the state or any political subdivision thereof must withhold payment in the final settlement of any contract until the receipt of a certificate from the Executive Director of Workforce West Virginia to the effect that all payments, interest, and penalties accrued against the contractor related to Unemployment Compensation coverage have been paid or provided for.

Credit Cards.

General.

A credit card program can include purchasing cards, vendor issued credit cards, or corporate credit cards for the payment of authorized travel related expenses.

An LEA may establish by board policy a credit card program as an alternative payment method when making purchases of commodities and services, or for the payment of authorized travel expenses. Credit cards, however, cannot be used to purchase land, buildings, vehicles, or equipment whose cost is above the LEA’s capital asset control level threshold.

Individual schools.

An LEA may also establish, by board policy, a credit card program for use by the individual schools in the county to be used for the purchase of instructional materials and supplies.

In addition, an LEA may establish, by board policy, a credit card program for the individual schools in the county to use for travel expenses incurred by students on authorized student trips, including the accompanying adults having supervisory responsibilities of the students, such as coaches, music directors, team sponsors, and chaperones.

For cards issued in the name of designated employees, each designated employee must complete and sign an acknowledgement form provided by the LEA (See Appendix C) in which the employee acknowledges the responsibilities associated with becoming a cardholder.

27.1.5. Prohibitions and Restrictions.

Cardholders are prohibited from delegating a card to another individual. Card delegation is the practice of allowing an individual other than the cardholder whose name appears on the front of the card to have access to the card or card number to initiate or complete a purchase transaction.

The actual card must be presented for all purchases. Cards and card numbers may not be photocopied and disseminated for making purchases. Card numbers must be kept secure at all times so that the numbers are not photocopied by unauthorized individuals.

Cards must be surrendered immediately upon termination or separation of employment. Upon surrender, the card is to be canceled and the card destroyed.

The card must be kept secure at all times. For cards issued in the name of designated employees, the cardholder must sign the back of the card upon receipt. Each individual cardholder is responsible for every charge that appears on his/her card. Cards should only be used on secured internet sites. A secured site has a closed lock at the bottom of the screen.

A card shall not be used to obtain cash advances or cash credits. Cards may not be used to pay a vendor requiring the payment of a surcharge.

Receipts.

a. An itemized receipt must be obtained for each transaction charged on a card. The receipt must contain the following specific information and meet certain conditions:

Receipts must be itemized and include a description of the items purchased, unit price, quantity, and total cost for each item. Use of generic terms such as “miscellaneous” or “various merchandise” is not acceptable.

Receipts must show no balance due or be marked “paid.”

Receipts must be totaled.

Receipts must show that the payment was by credit card.

All receipts should be kept in chronological order by date of purchase.

27.1.7. Reconciliations and Reviews.

Each cardholder is responsible for reconciling his/her statement every month. The credit card program coordinator is responsible for reconciling the master statement.

Individual and master statements must be examined carefully for billing errors, debits due to erroneous billings, or credits to correct a previously disputed item.

Upon completion of reconcilement, the cardholder must forward his/her documentation to the coordinator for review.

The coordinator is responsible for reconciling the master statement. This includes reviewing all transactions to ensure that they are legitimate and for official business, and that all required documentation is present.

For post-audit purposes, all documentation relating to the card program must be retained for two (2) years from the end of the fiscal year in which the transaction was completed.

Schools must provide copies of the master statement, receipts, and other documentation to the business office for review on a quarterly basis.

27.1.8. Unauthorized Use.

Employees using a card to knowingly pay for items intended for personal use are subject to disciplinary action up to and including termination and prosecution by the LEA, and subject to civil action by the credit card company for personal liability.

Employees failing to properly follow purchasing policies, procedures, and state law associated with the credit card program are also subject to disciplinary action up to and including a period of probation, or revocation or limitation of credit card privileges.

Vendor Issued Credit Cards.

Vendor issued credit cards can include cards issued by gasoline companies (such as Exxon) or general merchandise outlets (such as Wal-Mart, Sam’s Club, Lowe’s, etc.)

Vendor issued credit cards may be issued either in the name of the LEA without an authorized employee’s name printed on the card, or in the name of the LEA and each individual cardholder’s name also printed on the card.

A vendor issued credit card can generally be used only for purchases from that particular vendor or related vendors. Normally, there are very few restrictions as to the type of merchandise that can be purchased using the card, therefore, stringent controls must also be maintained over who has access to the card and the types of purchases that are made.

In the cases where a vendor issued card is issued only in the name of the LEA, to maintain accountability and control, the LEA must maintain a log for each card whereby employees are required to sign-out the card each time the card is being used. A sample form can be found in Appendix C.

Employees who are authorized to use a vendor issued credit card must attend a training course specifically designed for cardholders, whereby all rules pertaining to card use are discussed in detail, including purchasing policies, ethics, and disciplinary action that could result if the card is misused.

Employees who are authorized to use a vendor issued credit card must also sign a statement acknowledging that they have attended the training session and that they understand and are willing to assume the responsibilities that are associated with the card’s use (See Appendix C for a sample form).

All purchasing policies must be followed when making purchases using a vendor issued credit card, however purchase orders are not required if the card is issued in the name of a designated employee.

Purchasing Cards.

Pursuant to the authority of W. Va. Code §12-3-10a, LEAs may establish by board policy a purchasing card program for the purpose of authorizing the use of a purchasing card as an alternative payment method when making purchases of commodities and services.

Authorized Card Holders.

Purchasing cards may be issued only to the LEA’s regular, full-time employees; they cannot be issued to temporary or part-time employees, contract employees, volunteers, or students.

Each card must be issued in the name of an individual cardholder. Only the employee whose name appears on the front of the card is an authorized user of the card. Cards cannot be issued generically in the name of the LEA or school.

Employees to whom purchase cards are issued must attend a training course specifically designed for cardholders, whereby all rules pertaining to card use are discussed in detail, including purchasing policies, ethics, and disciplinary action that could result if the card is misused.

Employees to whom purchase cards are issued must also sign a statement acknowledging that they have attended the training and that they understand and are willing to assume the responsibilities that are associated with the card’s use.

All applicable purchasing policies must be followed for each transaction, regardless of the method of payment.

Purchase orders are not required for purchases of commodities and services made through the use of the State’s purchase card system or other purchase card system which provides the same level of internal accounting controls as the State’s system, but all requirements specified in this section of the policy related to the purchase card program must followed, including individual transaction limits, monthly transaction limits, and maximum number of transactions.

Limits.

The purchasing card may be used to make payments for goods and designated services that do not exceed the single transaction limit established by the LEA.

The LEA must establish a maximum monthly limit, a maximum transaction limit, a maximum number of daily transactions and a maximum number of monthly transactions for each individual cardholder.

27.3.6. Responsibilities.

The Chief School Business Official or designee is responsible for administering the purchasing card program for the LEA. The responsibilities may be delegated to a purchasing card coordinator.

If the board has authorized a purchasing card program in the individual schools, the school principal shall serve as the purchasing card coordinator for his/her school and is responsible for administering the purchasing card program at that school.

Responsibilities of the coordinators include, but are not limited to, the following:

(1). Monitor and oversee the purchasing card program to ensure that key controls are in place to prevent misuse.

(2). Determine the locations and types of purchases that may be made with each card and work with the credit card company to limit the card to those purchases and vendors only.

(3). Determine the employees who are eligible to obtain a card.

(4). Ensure the proper completion of applications and cardholder agreements.

(5). Reconcile master statements.

(6). Ensure the prompt payment of the master statement.

(7). Ensure that all cardholders follow all purchasing policies.

(8). Maintain copies of all cardholder agreement forms.

(9). Disseminate updated purchasing card information to cardholders.

(10). Activate purchasing cards.

(11). Ensure that cards are canceled and destroyed upon a cardholder’s termination or separation of employment.

(12). Determine the following: credit limit, single transaction limit, monthly transaction limit, number of daily transactions, and number of monthly transactions.

(13). Be responsible for all charges appearing on the master statement.

Utilities.

An LEA may obtain a separate purchasing card with transaction and credit limits exceeding those for individual cards to make payments for utilities.

In obtaining a utility card, all transactions other than the payment of utilities must be blocked.

A utility company may not charge a surcharge for the convenience of paying with the utilities purchasing card.

Corporate Credit Card for the Payment of Travel Related Expenses.

An LEA may obtain a corporate credit card for each employee to use in charging authorized travel related expenses. The cards must be issued in the name of the LEA and the individual cardholder.

Authorized Card Holders:

Corporate credit cards for the payment of travel related expenses may be issued only to the LEA’s regular, full-time employees; they cannot be issued to temporary or part-time employees, contract employees, volunteers, or students.

Each card must be issued in the name of an individual cardholder. Only the employee whose name appears on the front of the card is an authorized user of the card. Cards cannot be issued generically in the name of the LEA or school.

Employees to whom travel cards are issued must attend a training course specifically designed for cardholders, whereby all rules pertaining to card use are discussed in detail, including purchasing policies, ethics, and disciplinary action that could result if the card is misused.

Employees to whom travel cards are issued must also sign a statement acknowledging that they have attended the training and that they understand and are willing to assume the responsibilities that are associated with the card’s use.

The card is to be used only for authorized travel related expenses incurred by the cardholder. Travel expenses for other individuals, even if they are LEA employees, cannot be charged to another employee’s card.

The LEA can elect to have the monthly statement issued to each individual cardholder, who would be responsible for payment of the invoice amount, or issued to the LEA for payment.

If the statement is issued to the LEA, procedures must be established to ensure that only authorized travel expenses are being charged on the card and are being paid by the LEA.

Regardless of the method selected, all personnel are required to follow all travel authorization and reimbursement requirements and must submit a travel expense reimbursement request prior to the payment of the travel expenses by the LEA, either by direct payment to the issuer of the card or by reimbursement to the employee, even if all expenses incurred for the travel were charged on the card. The purpose of this is for the LEA is to have on file a certification from the traveler that all travel related expenses appearing on the statement were for an authorized purpose.

28. Emergency Procurement.

28.1. Declared Emergencies.

The Governor of the State of West Virginia has the inherent constitutional authority to declare an emergency situation. In the event the Governor declares such an emergency, the Governor has the authority to suspend certain laws, rules and/or regulations relating to the acquisition of commodities and service by public organizations pursuant to W.Va. Code § 15-5-6(g).

28.1.2. It is of the highest importance that state government responds quickly and effectively to safeguard the public safety and welfare during states of emergency. Yet, even under those circumstances, the acquisitions of commodities and services must be effectuated in a fair and accountable manner.

28.1.3. Accordingly, should the Governor suspend said laws, rules and/or regulations, the following procedures shall apply:

The employees or representatives of the LEA covered by this policy shall exercise sound judgment and discretion when acquiring commodities and services related to the emergency.

The employees or representatives of the LEAs shall operate with highest ideals of honor and integrity and strive to avoid the appearance of perceived impropriety.

No person shall corruptly combine, collude, or conspire with one or more persons to lessen competition, cause a higher price to be paid or cause one vendor to be unjustifiably preferred over one or more other prospective vendors.

No person shall solicit or receive anything of value, directly or indirectly, now or in the future, from any vendor or person supplying commodities or services in relation to the emergency.

The LEA shall be responsible for developing specifications for commodities and services that do not favor a particular brand or vendor.

Any contract and/or purchase order in excess of $100,000 shall be reviewed, approved and signed by the county superintendent, or director of a regional education service agency or multi-county vocational center, whichever the case may be.

The acquisition of commodities and services not on contract that is estimated to cost in excess of $1,000 but less than $5,000 shall at all times be based on three competitive bids. Bids may be verbal but shall be summarized and documented and include the date of contact, vendor, dollar amount, commodity or service description, quantity, number of bids obtained and whether the award was made to the low bidder.

The acquisition of commodities and services not on contract that is estimated to cost in excess of $5,000 shall be based on three written bids which shall be documented and include the date of contact, vendor, dollar amount, commodity or service description, quantity, number of bids obtained and whether the award was made to the low bidder.

If, in the opinion of the LEA, using sound judgment and discretion, time does not permit written bids to be received, verbal bids shall be obtained and documented, with written bids received within five working days of the request.

If, in the opinion of the LEA, using sound judgment and discretion, time does not permit verbal bids to be received, the public organization must secure written approval from the chief executive officer of the state agency to secure necessary services and supplies without bids for only that period of time absolutely necessary to abate the emergency.

All purchase order and/or contract awards shall be made to the lowest, responsible bidder meeting specifications.

Should the award not be made to the lowest priced bidder, a written justification shall be placed on file with the bids that documents the reason the low price was rejected. This justification must be signed by the county superintendent, or director of a regional education service agency or multi-county vocational center, whichever the case may be.

The LEA shall document each expenditure and include specifications, bids, no-bids, award justifications and any other relevant data.

The documentation for each expenditure shall be complete and shall be kept in an orderly manner that will enable any interested party to understand the specifics of the expenditure.

A complete written record of all expenditures relating to the emergency shall be submitted to the Governor within 30 days of the expiration of the declaration of the emergency.

The written record shall include a summary sheet that details all acquisitions for the emergency and lists date of purchase, vendor, dollar amount, commodity or service description, quantity, number of bids obtained and whether the award was made to the low bidder.

The Governor reserves the right to remove the spending authority at any time during the emergency and appoint a person or organization to manage the emergency expenditures and/or transfer that authority to another organization.

All emergency expenditures are subject to complete review and/or thorough audit as requested by the Governor.

The Governor has reserved the right to amend, alter, or cancel the preceding procedures as necessary through written amendments, alterations or cancellations with justification and documentation of specific situations and reasons.

Local Emergencies.

Each LEA must establish by local board policy the procedures to be followed in the case of an emergency at the local level that has not been declared an emergency by the Governor.

The chief executive officer, purchasing director or appointed designee shall issue prior written approval for purchases in emergency situations. These situations can arise from acts of nature, conditions that are detrimental to the health, safety, or welfare of employees or students, or other unforeseen events that threaten the termination of essential services. These can include unforeseen delays by contractors or delays in the transportation of indispensable goods and materials. Emergency purchases are not to be used for hardships created by neglect, poor planning, or lack of organization.

Competitive bids must be obtained whenever possible. If, in the opinion of the LEA, using sound judgment and discretion, time does not permit verbal bids to be received, the LEA must secure written approval from the chief executive officer of the agency to secure necessary services and supplies without bids for only that period of time absolutely necessary to abate the emergency.

29. Purchases by Schools.

All purchases by the schools are to be made in accordance with the procedures specified in State Board Policy 1224.1 and the incorporated manual entitled Accounting Procedures Manual for the Public Schools in the State of West Virginia and all locally established purchasing procedures.

Public schools are not legal entities and school personnel do not have the statutory authority to enter into bidding contracts or obligate board funds. All contracts must be approved and signed by the county board or the county superintendent, if approval authority has been delegated to the superintendent. Except for the funds discussed in the succeeding paragraph, individual schools have the authority to expend only the “quasi-public” funds received by the school from curricular or noncurricular activities.

LEAs are not permitted to distribute public funds to individual schools for expenditure. Funds may be allocated to each school, but the actual procurement transactions are to be handled through the LEA’s central business office. Exceptions to this general rule are: (a) the distribution of funds appropriated for faculty senates through the Public School Support Program (PSSP) and supplemental allocations by the LEA to provide the basic allocation for teachers not funded through the PSSP; (b) the occasional or infrequent reimbursement of an expense unintentionally paid by a school, or; (c) the disbursement of funds to a school for the repetitive purchase of a specific item, such as postage, where it is impractical to handle the transaction in any other manner. Supplemental allocations by the LEA to the appropriated amount provided to each teacher through the PSSP are not to be distributed to the schools for expenditure. The latter two exceptions are for small dollar amounts and are not to be extended to the routine distribution of funds to all schools in the county on a formula or predetermined basis for the schools to determine how the funds are expended.

All state or federal grant funds received directly by an individual school are to be remitted immediately to the board office. The funds are to be allotted to the school for expenditure for the purposes identified in the grant award, but the procurement transactions are to be handled through the LEA’s central business office.

Schools making purchases using “quasi-public” funds or student activity funds should explore whether the goods and services are available from a contract negotiated by the LEA or a cooperative contract with a RESA or other LEAs before going to the open market.

30. Safeguarding and Control of Assets.

30.1. Inventory Control Function.

30.1.1. LEAs must maintain an adequate inventory control system of all capital assets, equipment and disposal supplies and commodities to safeguard the assets on hand and to ensure that those that are placed into service or consumed have been used for an authorized purpose. The maintenance of inventory records is an integral part of this system, providing an accounting of all assets purchased and consumed. A perpetual inventory system provides a continuous report of the quantity and description of the items on hand at any given time.

30.2. Inventory of Capital Assets.

30.2.1. The inventory of capital assets must be maintained on the West Virginia Education Information System, as specified in the procedures manual issued by the Office of School Finance entitled Fixed Asset Inventory System for the County Boards in the State of West Virginia.

30.3. Inventory of Supplies and Other Expendable Property.

30.3.1. A perpetual inventory system is to be maintained of all supply items that have a material dollar value, such as the supply inventory in a central warehouse or the vehicle replacement parts at the maintenance garage. The supply inventory should include for each item or group of items the following information: Name of item, quantity purchased, date of purchase, cost, reorder point, amount dispensed, and date dispensed.

31. Disposal of Surplus Real and Personal Property.

31.1. Disposal of Real Property:

31.1.1. According to the provisions of W. Va. Code §18-5-7 and related case law, at any time a county board determines that any building or land is no longer needed for school purposes, the real property must be sold at public auction, unless it is sold to:

a. The state or political subdivisions, including county commissions or agencies thereof, for an adequate consideration;

b. The United States of America, or any instrumentality, agency or political subdivision thereof, provided that the property is included in any federal flood control project;

c. A private, nonprofit, tax-exempt organization having been granted tax-exempt status by IRS Code 501(c) 3 through (8) inclusive, (19) or (23) for nominal consideration, provided that the property is for charitable, economic development or other community use, and provided further that the title to the property reverts to the board if the organization dissolves or ceases to use the property for the intended purpose within the first five years of such conveyance.

31.1.2. In rural communities, if the original sale to the board was not a voluntary arms length transaction at fair market value at the time of sale, the grantor of the land, his heirs or assigns, shall have the right to purchase the land and the mineral rights at the same price for which it was originally sold.

31.2. Disposal of Personal Property:

At any time a LEA determines that any personal property, including equipment, portable building, or motor vehicle, including school bus, school furniture, computers, or other personal property is no longer needed for school purposes, the purchasing director, in cooperation with the Chief School Business Official may declare the property surplus and dispose of the property in the most economical method for the benefit of the LEA.

The property may be disposed of in several ways: discarded or junked if it is determined not to have any salvageable value, traded in towards the purchase of a replacement item, sold at public auction, by competitive bid to the highest bidder, by fixed price, or contributed to:

a. The state or political subdivisions, including county commissions or agencies thereof;

b. A private, nonprofit, tax-exempt organization having been granted tax-exempt status by IRS Code 501(c) 3 through (8) inclusive, (19) or (23) for nominal consideration, provided that the property is for charitable, economic development or other community use.

LEA employees and members of their immediate family are not eligible to buy or receive surplus property belonging to the LEA unless the surplus property is offered to the general public for sale.

The sale of the surplus property must be conducted by the purchasing director or designee at a central location.

The determination that property is no longer needed for school purposes and the sale of the property cannot be made at the school or cost center level.

31.3. Disposal of Equipment Purchased From a Federal Grant:

31.3.1. When equipment purchased with federal funds is no longer needed for the original project or program, the recipient must use the equipment in connection with its other federally-sponsored activities, in the following order of priority: (1) activities sponsored by the awarding agency which funded the original project; and then (2) activities sponsored by other federal awarding agencies.

31.3.2. When equipment purchased with federal funds is no longer needed by the recipient, disposal procedures are contained in the United States Department of Education General Administrative Regulations (EDGAR) §74.34.

Code of Ethics.

In order to maintain public confidence in the honesty and integrity of the procurement process, all officers and employees of the LEA involved with the procurement of commodities and services must conduct themselves in a manner that is above reproach.

All LEA employees must comply with the requirements of West Virginia Government Ethics Act (W. Va. Code §§6B-1-1 and 6B-2-1 et seq.), W. Va. Code §§61-5A-6 and 61-10-15, and all decisions of the Ethics Commission.

The Code of Ethics of the National Institute of Governmental Purchasing, Inc. is included in Appendix D, which is an excellent code for all personnel involved in the procurement of commodities and services for LEAs to adhere to.

33. Non-Discrimination Provisions.

33.1. The LEA will not discriminate in its procurement policies, practices or procedures based on race, color, religion, creed, or sexual orientation.

34. Violations.

According to W. Va. Code §11-8-26 and subsequent sections of the article, any person who authorizes or approves a purchase or contract in violation of the W. Va. Code, this rule or any policy or procedure adopted by the LEA may be held personally liable for the cost of the purchase or contract. Purchases and contracts violating the Code and/or this rule are void and of no effect.

Any person receiving anything of value from a known interested party in awarding a purchase order is subject to the provisions of W. Va. Code §§5A-3-28, 29, 30 and 31, 61-5A-6 and 61-10-15, and all rulings of the West Virginia Ethics Commission, unless determined otherwise by a court or the West Virginia Ethics Commission.

Pursuant to W. Va. Code §18-2A-9, any member of the State Board, county board of education, county superintendent, or any other person who shall, either directly or indirectly, receive, solicit, or accept, or who shall give or offer to give, any gift, present or thing of value to influence the vote for the adoption of any book, instructional material, or learning technology, shall be guilty of a felony, and upon conviction, be punished by confinement in the penitentiary for not less than one year nor more than three years.

Misuse of a purchasing card authorized by W. Va. Code §12-3-10a is a felony and upon conviction thereof is subject, pursuant to W. Va. Code §12-3-10b, to confinement in the penitentiary for not less than one (1) nor more than five (5) years, or to a fine of not more than five thousand dollars ($5,000), or both a fine and imprisonment.

The purchasing director may suspend from bidding on LEA purchases up to one year, any vendor violating the W. Va. Code, this rule, or any policy or procedure adopted by the board. Appeal of the suspension may be made to the county board of education.

According to W. Va. Code §61-10-15(a), it is unlawful for any member of a county commission, overseer of the poor, district school officer, secretary of a board of education, supervisor or superintendent, principal or teacher of public schools, or any member of any other county or district board, or for any county or district office to be or become pecuniarily interested, directly or indirectly, in the proceeds of any contract or service, or in furnishing any supplies in the contract for, or the awarding or letting of a contract if, as a member, officer, secretary, supervisor, superintendent, principal, or teacher, he or she may have any voice, influence or control.

W. Va. Code §61-10-15(b) states that, any person or officer named who violates subsection (a) of this section is guilty of a misdemeanor, and, upon conviction thereof shall be fined not less than fifty nor more than five hundred dollars and may, in the discretion of the court, be imprisoned for a period not to exceed one year.

W. Va. Code §61-10-15(c) states that any person convicted of violating the provisions of subsection (a) of this section shall also be removed from his or her office and the certificate or certificates of any teacher, principal, supervisor and superintendent who violates any provision of this section shall, upon conviction, be immediately revoked.

W. Va. Code §61-10-15(d) states that any person, firm or corporation that offers or gives, any compensation or thing of value or forebears to perform any act to any of the officers or persons named in subsection (a) of this section or to or for any other person with the intent to secure the influence, support, or vote of such officer or person for any contract, service, award or other matter as to which any county or school district becomes or may become the paymaster, is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred, nor more than twenty-five dollars, and in the court’s discretion, the person or any member of the firm, or if it be a corporation, any agent or officer offering or giving any compensation, may in addition to a fine, be confined in the county or regional jail for a period not to exceed one year.

W. Va. Code §61-10-15(e) through (h) contain certain exceptions where the provisions of subsection (a) of this section do not apply.

APPENDIX A

DEFINITIONS

Agreement – An arrangement between parties regarding a method of action.

Architectural and Engineering Services – Includes those professional services of an architectural or engineering nature as well as incidental services that members of those professions and those in their employ may logically or justifiably perform.

Bid – A competitive offer made by a seller.

Bidding – The process of soliciting the price and other considerations for goods and services from qualified vendors. The solicitation of prices from more than one vendor constitutes competitive bidding. Bids may be solicited in an informal manner by telephone, facsimile, Internet or mail, or through a formal sealed bid process.

Bid Bond – An insurance agreement in which a third party agrees to be liable to pay a certain amount of money in the event a selected bidder fails to accept the contract as bid. The bond is usually five (5) percent of the total bid amount.

Bid Opening – A firmly established date and time for the public opening of responses to a solicitation.

Blanket Purchase Order - A written or electronic document issued by the LEA to a vendor authorizing or executing a purchase transaction in situations where there is normally a large volume of small dollar purchases of a repetitive nature and it is difficult to determine in advance exactly which products are needed.

Capital Asset – Land, land improvements, easements, buildings, building improvements, vehicles, machinery, equipment, and all other tangible or intangible assets that exceed the capitalization threshold established by the local education agency (LEA) and have a useful life extending beyond one year.

Commodity – Supplies, materials, equipment, contractual services and any other articles or things used by or furnished to a governmental agency.

Competitive bids - The process of soliciting the price and other considerations for goods and services from more than one qualified vendor.

Confirming Purchase Order – A purchase order issued to a vendor immediately after an order has been placed either electronically or by telephone by an authorized individual to encumber the funds and provide written confirmation of the order. Confirming purchase orders are not to be issued after the invoice has been received.

Consumable Supply – A commodity which, when used in the ordinary course of business, will become consumed or of no market value. This could also be referred to as an expendable commodity.

Contract – A written, legally binding agreement between two (2) or more parties in which is specified the terms and conditions to which the parties have agreed.

Construction – Construction means the building, alteration, renovation, or upgrading of facilities, buildings and structures including the acquisition and necessary site preparation of land, as well as the acquisition, installation, or substantial upgrade of existing equipment, machinery, furnishings, utilities, or other similar items.

Construction Change Order – A written instrument which may be initiated by any party to a construction contract specifying that a change is to be made to the construction project. The order should address the changes in the work and adjustments to the contract cost and contract time, if any.

Cooperating Agreement – An agreement between two or more LEAs in which the participants have agreed to issue a combined solicitation for bids for the purpose of obtaining larger volume discounts or reducing administrative expenses.

Credit Card – A card authorizing the holder to buy commodities and services on credit.

Declared Emergency – An unexpected situation or sudden occurrence of a serious and urgent nature that has been declared an emergency by the Governor of the State of West Virginia.

Emergency – An unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action. These situations can arise from acts of nature, conditions that are detrimental to the health, safety, or welfare of students, or other unforeseen events that threaten the termination of essential services, including delays in the transportation of indispensable goods and materials. Situations created by improper planning or negligence are not to be considered an emergency.

Evaluation of Bids – The process of examining all offers received in order to ascertain whether they meet all bid requirements and to determine which offer to recommend or select for award.

Expression of Interest (EOI) – A written or electronic response from a vendor expressing interest in submitting a proposal to a request or solicitation issued by an LEA.

Freight Terminology – Terms used to specify the point of origin and destination, stating the responsible party for bearing freight charges and when title passes.

Free on Board (FOB) Destination – Title remains with the vendor until the commodities are delivered to the point of destination specified in the purchase order and accepted by the buyer. The seller is responsible for any losses or damages resulting from shipment and files any claims against the carrier. The freight costs may be paid by the seller (Freight Prepaid), may be paid by the seller in advance but invoiced back to the buyer (Freight Collect and Allowed), or may be paid by the buyer (Freight Collect).

Free on Board (FOB) Shipping Point or Origin – Title passes to the buyer immediately at the time the commodities are picked up by a common carrier for shipment. The buyer is responsible for any losses or damages resulting from shipment and files any claims made against the carrier. The freight costs may be paid by the seller (Freight Prepaid), may be paid by the seller in advance but invoiced back to the buyer (Freight Prepaid and Add), or may be paid by the buyer (Freight Collect).

General Terms and Conditions – Standard clauses and requirements incorporated into all solicitations and resulting contracts which are derived from laws, or administrative procedures.

Grant – Money distributed to a recipient, including state agencies and political subdivisions, in which no direct commodity or service is received by the granting agency.

Individual Statement – A monthly statement of transactions for each purchase card issued to employees of the LEA listing all activity charged on the card.

Instructional materials – According to W.Va. Code §18-2A-1, instructional materials means and includes systems of instructional materials, or combinations of books and supplementary materials that convey information to the pupil.

Justification – A written explanation or an award which must be retained as a public record available for inspection when the award is not awarded to the lowest bidder.

Labor and Materials Payment Bond – A bond submitted by the successful vendor upon request by the LEA to ensure the payment of labor and materials purchased or contracted for or on behalf of the LEA in a construction project.

Local Education Agency (LEA) - This includes county boards of education, regional education service agencies and multi-county vocational centers.

Learning Technologies – According to W.Va. Code §18-2A-1, instructional materials in an electronic or magnetic format used for the formal study of a particular subject, and include applications using computer software, computer assisted instruction, interactive videodisc, other computer courseware, and magnetic media.

Lease – A written agreement between the owner of the equipment (lessor) and the LEA (lessee) by which the owner agrees to authorize the LEA to use the equipment for a predetermined fee for a period exceeding 30 days. Title does not pass from the owner to the lessee.

Lease Purchase – A written agreement in which the lessee exercises an option to have the lease payments apply, in whole or in part, as installment payments for equity or ownership upon completion of the agreement. Title transfers to the lessee with the last installment payment.

Life Cost Cycle – A best value purchasing tool that allows for the evaluation of the total or projected cost of an item over its life cycle, in addition to the initial purchase price, including operational costs, salvageable value and other factors.

Liquidated Damages – A specified contract provision which entitles the LEA to demand a set monetary amount determined to be a fair and equitable repayment to the LEA for loss of service due to the vendor’s failure to meet specific completion or due dates.

Litigation Bond – A valid bond submitted by the vendor with the bid that may be used by the LEA to recover damages due to frivolous and groundless lawsuits filed by the vendor.

Maintenance Bond – A valid bond provided by the vendor as a warranty of normally two years, which is frequently used on roofing projects.

Mandatory Terms – All terms and conditions in the written specifications that are absolute and preceded by shall, must, or will.

Master Statement – A monthly statement of transactions for all purchase cards issued to employees of the LEA listing the activity charged on all cards.

Negotiation – A bargaining process between two or more parties, each with its own viewpoints and objectives that are seeking to reach a mutually satisfactory agreement on, or settlement of, a matter of common concern.

No Debt Affidavit – A form required by W.Va. Code §§ 5A-3-10a to be completed by all vendors prior to the award of a contract. The statute states that no contract or renewal of any contract may be awarded to any vendor who is a debtor to the State of West Virginia in an aggregate amount of $5,000 or more.

Non-mandatory Terms – All terms and conditions in the written specifications that are understood to be permissive and are preceded by may, should, or could.

Notice to Proceed – A formal written communication most often used in construction contracts to establish the date for work to commence and determines the date for completion.

Open-ended Contract – A generic term used for an instrument that is competitively bid and awarded in which all terms, conditions, and prices are predetermined with the exception of quantity.

Performance Bond – A bond, usually for the full amount of the contract, in which a valid surety agrees to pay a certain sum in the event a vendor fails to perform a contract as bid.

Personal Property – Property of any kind except real property. It may be tangible, having physical existence, or intangible, having no physical existence, such as copyrights, patents or securities.

Piggybacking – The process of utilizing another agency’s existing open-ended contract to which the requesting LEA was not an original party to make purchases.

Pre-bid Conference – A meeting between the LEA and all interested vendors that offers the opportunity to emphasize and clarify critical aspects of a solicitation, eliminate misunderstandings, and allow for vendor input. Vendor attendance may be mandatory or voluntary as specified in the bid document.

Prevailing Wages – Hourly labor and fringe benefits rates established annually by the West Virginia Division of Labor which is required by W.Va. Code §§ 21-5A-2 to be paid to all workers employed by or on behalf of any public authority engaged in the construction of public improvements. This includes the construction, reconstruction, improvement, enlargement, painting, decorating, or repair of any public improvement let to contract.

Protest – A formal, written complaint filed by a vendor regarding specifications or the award of a contract submitted with the intent of receiving a remedial result.

Purchase Card – A credit card issued in the name of an employee of the LEA to be used as an alternative method of payment for authorized purchases of the LEA that do not exceed the amount specified elsewhere in this policy.

Public Improvement - All buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports, and all other structures upon which construction may be let to contract by the State or any political subdivision, including an LEA.

Purchasing Card – A credit card used for the purchase of commodities.

Purchase Order – A written or electronic document issued by the LEA to a vendor authorizing or executing a purchase transaction.

Purchasing Director – The individual employed by a county board of education, regional education service agency, or multi-county vocational center who is assigned the responsibility of directing, supervising or performing the duties of purchasing all required commodities and services at the most advantageous benefit to the local educational agency.

Quasi-public funds – Funds collected or received by any principal, teacher, student, parent, person, or organization or body directly connected with the school for the benefit of the school system as a result of curricular or noncurricular activities.

Real Property – Land, including land improvements, structures, and additions thereto, but excludes movable machinery and equipment.

Requisition – A written or electronic request submitted by a sub-unit of the LEA to the LEA’s purchasing director requesting that a certain purchase be authorized. Upon approval, purchase requisitions are converted into purchase orders.

Related Party - Means a party, whether an individual, corporation, partnership, association, limited liability company or any other form of business association or other entity whatsoever related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership, or other interest with the vendor, so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceeds five percent of the total contract amount.

Release – A written order by the LEA to the contractor authorizing quantities of commodities and/or services to be delivered in accordance with the terms, conditions, and prices stipulated in the original contract.

Removable Property – Any personal property not permanently affixed to or forming a part of real estate.

Renewal – The extension of an existing contract for an additional period of time in accordance with the terms and conditions of the original contract.

Rental – Fee paid for the temporary use of facilities or equipment, usually for a period of less than 30 days.

Request for Information (RFI) – A document used to solicit information to assist in preparing specifications for a Request for Quotation (RFQ) or Request for Proposal (RFP). No award can be made from a RFI.

Request for Quotation (RFQ) – A document that is used to solicit written bids that contain all of the specifications or scope of work and contractual terms and conditions. Conformity to specifications and price are the only factors used in the evaluation process.

Request for Proposals (RFP) – A best value purchasing tool used to acquire professional and other services where the scope of the work may not be well defined and cost is not the sole factor in determining the award. All criteria by which the bidders will be evaluated must be contained within the bid document.

Resident Vendor Preference (RVP) – An additional score assigned to a local vendor during the evaluation process to provide preferential treatment.

Sealed Bids – A process for the solicitation of bids for the purchase of commodities or services wherein the interested vendors are required to submit their proposals in a sealed envelope that are opened during a formal meeting at the place, date, and time specified in the bid solicitation.

Services – Work performed by a vendor that consists primarily of intangible personal services rather than the furnishing of tangible commodities.

Sheltered Workshop – An establishment where manufacture or handiwork is carried on, which is operated either by a public agency, a cooperative, or a nonprofit private corporation or association, in which no part of the net earning inures, or may lawfully inure, to the benefit of any private shareholder or individual. It is operated for the primary purpose of providing remunerative employment to blind or severely disabled persons who cannot be absorbed into the competitive labor market and which shall be approved, as evidenced by a certificate of approval, by the West Virginia Division of Rehabilitation Services.

Sole Source – The only source for a specific commodity or service.

Solicitation – A written, electronic, or oral request submitted by the LEA to obtain bids or proposals for the purchase of commodities or services. The request can be in writing or orally.

Specifications – A detailed description of the commodity or service for which a bid is being requested.

Statewide Contract – A contract between the State of West Virginia and a qualified vendor used for the purchase of frequently used commodities or services. LEAs may purchase from statewide contracts.

State Multiple List – List of textbooks, instructional materials, and learning technologies that have been approved by the State Board of Education for use in the public schools in the State as the primary source of delivery of the instructional goals and objectives for state required courses.

Stringing – The illegal practice of issuing a series of requisitions or purchase orders for the purpose of circumventing the competitive bidding procedures.

Terms of Sale – Stipulations made within the contract regarding the transaction.

Textbook – According to W.Va. Code §18-2A-1, textbook is a book used as a standard work for the formal study of a particular subject. The term “textbook” includes books, instructional materials and learning technologies.

Transaction Limit – The maximum amount that can be charged in a single transaction using an authorized purchase card.

Unit Price – The cost per unit of the commodity or service being purchased.

Utility Card – A purchase card issued for the sole purpose of paying utility bills, which include cable, electric, garbage collection, heating oil, natural gas, sewage, telephone, water, and similar services.

Vendor – An individual, partnership or business authorized to conduct business in the State of West Virginia that is able to furnish the desired commodity or service.

APPENDIX B

APPENDIX C

Agreement Addendum Attached is a universal "Agreement Addendum" form which an LEA should complete and include as a part of the final contract/agreement any time a vendor requires the LEA to sign the vendor's contract/agreement or the vendor submits alternate language with its bid or contract. LEAs are urged to execute the Agreement Addendum for all contracts, agreements or leases where equipment with maintenance is included.

AGREEMENT ADDENDUM

In the event of conflict between this addendum and the agreement, this addendum shall control:

DISPUTES - Any references in the agreement to arbitration or to jurisdiction of any court other than the Circuit Court of the county in which the Agency is located are hereby deleted. The parties may agree to nonbinding mediation prior to litigation.

HOLD HARMLESS - Any clause requiring the Agency to indemnify or hold harmless any party is hereby deleted in its entirety.

GOVERNING LAW -The agreement shall be governed by the laws of the State of West Virginia. This provision replaces any references to any other State's governing law.

TAXES. - Provisions in the agreement requiring the Agency to pay taxes are deleted. As a political subdivision of the State of West Virginia, the Agency is generally exempt from Federal, State, and local taxes and will not pay taxes for any Vendor including individuals, nor will the Agency file any tax returns or reports on behalf of Vendor or any other party.

PAYMENT - Any references to prepayment are deleted. Fees for software licenses, subscriptions, or maintenance are payable annually in advance. Payment for services will be in arrears.

INTEREST – Any provision for interest or charges on late payments is deleted. The Agency has no statutory authority to pay interest or late fees.

NO WAIVER - Any language in the agreement requiring the Agency to waive any rights,claims or defenses is hereby deleted.

FISCAL YEAR FUNDING - Service performed under the agreement may be continued in succeeding fiscal years for the term of the agreement, contingent upon funds being appropriated by the Legislature or otherwise being available for this service. In the event funds are not appropriated or otherwise available for this service, the agreement shall terminate without penalty on June 30. After that date, the agreement becomes of no effect and is null and void. However, the Agency agrees to use its best efforts to have the amounts contemplated under the agreement included in its budget. Non-appropriation or non-funding shall not be considered an event of default.

STATUTE OF LIMITATION - Any clauses limiting the time in which the Agency may bring suit against the Vendor, lessor, individual, or any other party are deleted.

SIMILAR SERVICES - Any provisions limiting the Agency's right to obtain similar services or equipment in the event of default or non-funding during the term of the agreement are hereby deleted.

ATTORNEY FEES - The Agency recognizes an obligation to pay attorney's fees or costs only when assessed by a court of competent jurisdiction. Any other provision is invalid and considered null and void.

ASSIGNMENT - Notwithstanding any clause to the contrary, the Agency reserves the right to assign the agreement to a State agency or another local governmental agency, board or commission of the State of West Virginia upon thirty (30) days written notice to the Vendor and Vendor shall obtain the written consent of Agency prior to assigning the agreement.

LIMITATION OF LIABILITY - The Agency, as a political subdivision of the State, cannot agree to assume the potential liability of a Vendor. Accordingly, any provision limiting the Vendor's liability for direct damages to a certain dollar amount or to the amount of the agreement is hereby deleted. Limitations on special, incidental or consequential damages are acceptable. In addition, any limitation is null and void to the extent that it precludes any action for injury to persons or for damages to personal property.

RIGHT TO TERMINATE - Agency shall have the right to terminate the agreement upon thirty (30) days written notice to Vendor. Agency agrees to pay Vendor for services rendered or goods received prior to the effective date of termination. In such event, the Agency will not be entitled to a refund of any software license, subscription or maintenance fees paid.

TERMINATION CHARGES - Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreement term.

RENEWAL - Any reference to automatic renewal is hereby deleted. The agreement may be renewed only upon mutual written agreement of the parties.

INSURANCE - Any provision requiring the Agency to purchase insurance for Vendor’s property is deleted. The Agency is insured through the Board of Risk and Insurance Management, and will provide a certificate of property insurance upon request.

RIGHT TO NOTICE - Any provision for repossession of equipment without notice is hereby deleted. However, the Agency does recognize a right of repossession with notice.

ACCELERATION – Any reference to acceleration of payments in the event of default or non-funding is hereby deleted.

CONFIDENTIALITY – Any provision regarding confidentiality of the terms and conditions of the agreement is hereby deleted. Governmental contracts are public records under the West Virginia Freedom of Information Act.

AMENDMENTS -All amendments, modifications, alterations or changes to the agreement shall be in writing and signed by both parties. No amendment, modification, alteration or change may be made to this addendum without the express written approval of the Agency.

ACCEPTED BY: VENDOR:

Local Education Agency: ____________________________________ Company Name: ______________________________________________ Signed: __________________________________________________ Signed: _____________________________________________________ Title: ____________________________________________________ Title: _______________________________________________________ Date: ___________________________________________________ Date: _______________________________________________________ Revised 07-12 Bid Quotation Bid Quotation Form - This form may be used in conjunction with verbal bid requirements for purchases costing less than $10,000. This form is recommended for use to fulfill these requirements. The following are instructions for using this form:

Date -The LEA should insert the date the verbal quotations were accepted.

Purpose -The LEA should insert the reason why the item(s) are being purchased, e.g., stock, immediate repairs, etc.

Quotes Received By -The signature of the individual within the LEA receiving the verbal bids should be written.

Vendor -The vendors who are contacted concerning purchase of the item, should be written in the appropriate space.

Agent -The vendor's agent who gives the quotes to the LEA should be written.

Reason for Award -The reason why the item was awarded to a particular vendor, e.g., sole source, timely delivery, ability to meet demand, etc. should be given.

Purchase Authorized By -The signature of the individual within the LEA who has given approval for the purchase should be written in the appropriate space.

Purchase Authorized By -The signature of the individual within the LEA who has given approval for the purchase should be written in the appropriate space.

Request for Quotations Request for Quotations Form – This form may be used by all LEAs when obtaining written quotations on purchases costing $10,000 or more but less than $50,000.

Return by - Enter the time and date that the quotation is to be returned.

Return to: - Enter the mailing address that the quotation is to be returned, Delivery Address for Merchandise, if different - Enter the address to which the material is to be delivered, if different from the mailing address. The delivery address may affect the price quotation being offered by the vendor.

Vendor – Enter the name and address of the vendor to whom the request for quotation is being mailed.

Requisition/PO Number - Enter the PO number assigned by the LEA to this purchase.

Date - Enter the date that the Request for Quotation is submitted.

Account Number - Enter the account number from which the funds are to be expended.

Summary of Quotation -This space is to be used by the LEA to keep notes and a summary of quotations AFTER bids have been returned. Do not type in this space when preparing the Request for Quotation.

Delivery Requirements - Enter the date that you will need the delivery of the commodity on the Request for Quotation. Be realistic. A short lead time may increase your cost, if it necessitates special handling by the vendors. Allow a reasonable time for delivery. Be specific. Delivery requirements such as, ASAP or immediately, are vague and tend to be meaningless. Give a specific date or a number of days after receipt of order (ARO) for delivery.

Item Number, Quantity and Description - The description must contain the desired specifications. If a brand name is used as the specification, the words "or equal" must be entered after the brand name and model number. The unit price and amount column are not to be completed.

Date (At bottom) – Date that the vendor prepares the price quotation and returns it to the LEA.

Preparer – Name of the authorized vendor’s representative that prepared the price quotation and is submitting it to the LEA.

GENERAL TERMS & CONDITIONS (REQUEST FOR QUOTATION) RFQ AND (REQUEST FOR PROPOSAL) RFP

Awards will be made in the best interest of the LEA.

The LEA may accept or reject in part, or in whole, any bid.

All quotations are governed by the West Virginia Code and Policy 8200.

All services performed or goods delivered under LEA Purchase Orders/Contracts are to be continued for the term of the Purchase Order/Contracts, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise available for these services or goods, this Purchase Order/Contract becomes void and of no effect after June 30.

Payment may only be made after the delivery and acceptance of goods or services.

Interest may be paid for late payment in accordance with the West Virginia Code.

Vendor preference will be granted only upon written request at the time of bid in accordance with the West Virginia Code and LEA purchasing policy.

The LEA is exempt from Federal and State taxes and will not pay or reimburse such taxes.

The Purchasing Director may cancel any Purchase Order/Contract upon 30 days written notice to the seller.

The laws of the State of West Virginia and Policy 8200 shall govern all rights and duties under the Contract, including without limitation the validity of this Purchase Order/Contract.

Any reference to automatic renewal is hereby deleted. The Contract may be renewed only upon mutual written agreement of the parties.

BANKRUPTCY: In the event the vendor/contractor files for bankruptcy protection, this contract is automatically null and void, and is terminated without further order.

INSTRUCTIONS TO BIDDERS

Vendor is requested to use the quotation forms provided by the LEA.

SPECIFICATIONS: Items offered must be in compliance with the specifications. Any deviation from the specifications must be clearly indicated by the bidder. Alternates offered by the bidder as “equal to” the specifications must be clearly defined. A bidder offering an alternate should attach complete specifications and literature to the bid. The Purchasing Director may waive minor deviations to specifications.

Complete all sections of the quotation form.

Unit prices shall prevail in case of discrepancy.

All quotations are considered F.O.B. destination unless alternate shipping terms are clearly identified in the quotation.

The vendor must clearly instruct on the bid document if the vendor wishes to have the payment sent to a different "remit to" address other than the address on the face of this document.

CERTIFICATION OF NON-CONFLICT OF INTEREST

According to W. Va. Code §61-10-15, It shall be unlawful for any member of a county commission, overseer of the poor, district school officer, secretary of a board of education, supervisor or superintendent, principal or teacher of public schools, or any member of any other county or district board, or for any county or district office to be or become pecuniarily interested, directly or indirectly, in the proceeds of any contract or service, or in furnishing any supplies in the contract for, or the awarding or letting of, which as such member, officer, secretary, supervisor, superintendent, principal, or teacher, he/she may have any voice, influence or control."

The individual(s) listed below have been charged to evaluate or serve as members or advisors of an evaluation committee for the solicitation of bids, as specified [______________________________ ____________________________________________________________________________ ] and are certifying that they have no conflict of interest with any of the participating vendors. This requirement is applicable to all transaction types.

Name Title Signature Date No Debt Affidavit The No Debt Affadavit is administered in accordance with the West Virginia Code, §5A-3-10A.

According to the statute, no contract or renewal of any contract may be awarded under this article to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor as defined in this section and the debt owed is an amount greater than $1,000 in the aggregate.

AFFIDAVIT

West Virginia Code §5A-3-10a states:

No contract or renewal of any contract may be awarded under this article to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor as defined in this section and the debt owed is an amount greater than five thousand dollars in the aggregate.

Definitions:

"Debt" means any assessment, penalty, fine, tax or other amount of money owed to the state because of a judgment, fine, permit violation, license assessment, penalty or other assessment presently due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon;

"Debtor" means any individual, corporation, partnership, association, limited liability company or any other form or business association owing a debt to the state or any of its political subdivisions;

"Related party" means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor, so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceeds five percent of the total contract amount.

Exception:

The prohibition does not apply where a vendor has contested any tax administered pursuant to chapter eleven of the West Virginia Code, worker's compensation premium, permit fee or environmental fee or assessment, and the matter has not become final, or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement.

Under penalty of law for false swearing (West Virginia Code §61-5-3), it is hereby certified that the bidder and all related parties do not owe any debts or, if a debt is owed, that the provisions of the exception clause (above) apply.

Vendor's Name:

Authorized Signature: Date:

Short Term Agreement The Short Term Agreement Form is designed to provide agencies a method whereby they may enter into a short-term agreement without the necessity of drawing up complicated legal forms. By utilizing the form, whose content and format have previously been approved, the agency will aid in the prompt processing of the contract.

Purchase Order Number - Enter the purchase order number assigned by the LEA.

WVEIS Account # - Enter the WVEIS accounting information.

WVEIS Vendor # - Enter the WVEIS vendor number.

Description of Work -These three (3) lines are reserved for a description of the work or service to be performed.

Date of Service(s) -In this space, the dates the service is to be performed should be entered. If the service is to extend over a long period of time, enter the beginning date and the final date of service. Be sure that the agreement does NOT commit appropriated funds in a future fiscal year.

Rate of Pay - Enter the rate of pay as the total per month, quarter, year or per hour.

LEA Employee Status - If the agreement is for consulting services with an individual, the appropriate box in this section must be checked to indicate whether or not the individual performing the service is or is not a full time employee of the LEA.

Total Amount - Enter the total amount of the fee for the services, exclusive of travel and out-of-pocket expenses.

Vendor's Signature - The signature of the consultant or officer of the company performing the service must be indicated.

Approved - The purchasing director must approve the purchase in this space.

LEA Signature - The designee of the LEA for which the vendor works must sign this space and indicate his title below his signature.

SHORT TERM AGREEMENT

Purchase Order # ________________________________ WVEIS Vendor # _____________________ WVEIS Account # ________________________________ LEA ____________________________________ Vendor’s Name ________________________________________________________________________ Vendor’s Address ________________________________________________________________________ I, the above named vendor, agree to perform the following services for the above named LEA:

Description of services:____________________________________________________________________ ______________________________________________________________________________________ Date(s) of Service: From ______________________________ To ________________________________ The rate of pay shall be $ ________________ per ____________ not to exceed $ ____________________ for the entire term of this agreement.

Note: All anticipated expenses of the vendor, including travel must be incorporated into the vendor’s fee. No expenses will be reimbursed by the above named LEA; all expenses, including travel, taxes, or other fees will be the sole responsibility of the vendor.

The following certification must be completed and signed by the vendor:

Please check the appropriate box: ______ I am not currently a full or part-time employee of the LEA ______ I am currently a full-time employee of the LEA. Position: ________________________________ ______ I am currently a part-time employee of the LEA Position: ________________________________ It is certified that the services that are to be performed under this agreement will not be performed during the hours that the employee is expected to perform his/her regular duties for the LEA, nor will the services performed under this agreement interfere with or detract in any other way from the performance of those duties.

SIGNED:

LEA: Vendor: _______________________________________ _______________________________________ Signature of authorizing official Vendor’s signature _______________________________________ _______________________________________ Title FEIN or SSN _______________________________________ _______________________________________ Date Date Agreement Questionnaire The Agreement Questionnaire or a similar form must be used and attached to a Short Term Agreement Form when procuring technical, professional, or other services. This questionnaire is also used when procuring business services for personnel.

The purpose of the questionnaire is to document the scope of the project and to project the results expected to be attained by forming this agreement.

Agreement Questionnaire Requisition / Purchase Order # WVEIS Vendor # Briefly describe the project scope of work to be completed or the problem to be solved by executing this agreement purchase order with (vendor) ___________________________________________ .

What results do you expect to achieve issuing this agreement?

What would be the effects on you, the LEA, if this agreement were not implemented?

What specialized or professional skill will be provided that is not available within the LEA or RESA?

Is this agreement related to any other project being undertaken within the LEA? If so, briefly describe.

Describe the methodology and evaluation criteria utilized to select this vendor.

What other vendors were considered for this work? Explain why this particular vendor was selected over those considered.

___________________________COUNTY BOARD OF EDUCATION

PARTICIPATING EMPLOYEE’S ACKNOWLEDGEMENT OF RESPONSIBILITIES

IN THE PURCHASING OR TRAVEL CREDIT CARD PROGRAM

By participating in the aforementioned board of education’s purchasing or travel credit card program as a cardholder, you assume responsibilities pertaining to the operation and administration of the board's purchasing card program. These responsibilities include but are not limited to the following:

The Board's purchasing or travel credit card is to be used for business expenditures only.

The purchasing or travel credit card will be issued in the name of the Board and the employee. By accepting the card, the employee assumes responsibility for the card and will be responsible for all charges made with the card. The card is not transferable and may not be used by anyone other than the cardholder.

The purchasing or travel credit card must be maintained with the highest level of security. If the card is lost or stolen, or if the cardholder suspects the card or account number to have been compromised, the cardholder agrees to immediately notify the county board treasurer.

All charges will be billed and paid directly by the Board. On a monthly basis, the cardholder will receive a statement listing all activity associated with the card. This activity will include purchases made during the reporting period. While the cardholder will not be responsible for making payments, the cardholder will be responsible for the verification and reconciliation of all account activity.

The cardholder's account may be subject to periodic internal control reviews and audits designed to protect the interests of the Board. By accepting the card, the cardholder agrees to comply with these reviews and audits. The cardholder may be asked to produce the card to validate its existence and produce statements and receipts to verify appropriate use.

Parameters and procedures related the Board's purchasing or travel credit card may be updated or changed at any time. The Board will promptly notify all cardholders of these changes. The cardholder agrees to and will be responsible for the execution of any program changes.

The cardholder agrees to surrender and cease use of his/her card upon termination of employment whether for retirement, voluntary separation, resignation, or dismissal. In addition, the cardholder must surrender and cease use of the card in the event of transfer or relocation. The cardholder may also be asked to surrender the card at any time deemed necessary by the Board's management.

Misuse or fraudulent use of the card may result in disciplinary actions and may be grounds for dismissal.

By signing below, I acknowledge that I have received the training provided by the Board and have read and agree to the terms and conditions of this document. I certify that as a participating cardholder of the Board’s purchasing or travel credit card program, I understand and assume the responsibilities specified above.

Employee Signature Job Title Date Superintendent’s Signature Date ___________________________COUNTY BOARD OF EDUCATION EMPLOYEE’S ACKNOWLEDGEMENT OF RESPONSIBILITIES IN USING THE BOARD OF EDUCATION’S VENDOR ISSUED CREDIT CARD By being selected to be an authorized user of the aforementioned board of education’s vendor issued credit card, you assume responsibilities pertaining to board's credit card program. These responsibilities include but are not limited to the following:

The Board's credit card is to be used for business expenditures only.

The credit card is be issued in the name of the Board, however, by using the card, the employee assumes responsibility for the card during the time he/she is authorized to use the card and will be responsible for all charges made with the card during that time. The card is not transferable and may not be used by anyone other than the employee’s who are authorized to use the card.

The credit card must be maintained with the highest level of security. If the card is lost or stolen, or if an employee suspects the card or account number to have been compromised, the employee is responsible to immediately notify the county board treasurer.

All charges will be billed and paid directly by the Board. The employee is responsible for obtaining an approved purchase order prior to signing the card out for use, purchasing only authorizing items with the card, and turning in original receipts with the card when it is signed back in. Employees who use the credit card will be responsible for assisting in the verification and reconciliation of all account activity, as needed.

Parameters and procedures related the Board's credit card may be updated or changed at any time. The Board will promptly notify all card users of these changes. The credit card user agrees to and will be responsible for the execution of any program changes.

The credit card user agrees to surrender and cease use of the Board’s credit card upon termination of employment whether for retirement, voluntary separation, resignation, or dismissal. In addition, the user must cease use of the card in the event of transfer or relocation. The credit card user may also be asked to cease use of the card at any time deemed necessary by the Board's management.

Misuse or fraudulent use of the card may result in disciplinary actions and may be grounds for dismissal.

By signing below, I acknowledge that I have received the training provided by the Board and have read and agree to the terms and conditions of this document. I certify that as an authorized user of the Board’s vendor issued credit card, I understand and assume the responsibilities specified above.

Employee Signature Job Title Date Superintendent’s Signature Date WEST VIRGINIA STATE TAX DEPARTMENT ADMINISTRATIVE SUPPORT UNIT INTERNAL AUDITING DIVISION REQUEST FOR RELEASE OF FINAL PAYMENT FEDERAL IDENTIFICATION NUMBER: _________________________________________ NAME OF CONTRACTOR: _______________________________________________ CONTACT NAME: ________________________ Phone # _______________ ADDRESS _______________________________________________ _______________________________________________ DATE OF CONTRACT: _______________________________________________ NUMBER OF CONTRACT: _______________________________________________ LOCATION OF CONTRACT: _______________________________________________ Brief Description of Work Performed: ____________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ $ AMOUNT OF CONTRACT: _______________________________________________ $ AMOUNT PAID: ______________________________________________ $ AMOUNT NOW DUE ______________________________________________ The above contract is in process of final settlement. If all West Virginia required taxes have been paid, please forward release. Final settlement will not be made pending receipt of such release.

BY: __________________________________________

PHONE NUMBER: (_____) _________________________

AGENCY: _______________________________________

ADDRESS: ______________________________________

FORWARD TO: WV STATE TAX DEPARTMENT / ADMINISTRATIVE SUPPORT UNIT 1001 LEE STREET EAST

CHARLESTON, WV 25301

FOR ASSISTANCE OR INFORMATION, PLEASE CALL (304) 558-1114, 558-0659, 558-8695

FAX NUMBER: (304) 558-8643

APPENDIX D

CODE OF ETHICS OF THE NATIONAL INSTITUTE

OF GOVERNMENTAL PURCHASING, INC.

The Institute believes, and it is a condition of membership, that the following ethical principles should govern the conduct of every person employed by any public sector procurement or materials management organization.

Seeks or accepts a position as head or employee only when fully in accord with the professional principles applicable thereto, and when confident of possessing the qualifications to serve under those principles to the advantage of the employing organization.

Believes in the dignity and worth of services rendered by the organization and the social responsibilities assumed as a trusted public servant.

Is governed by the highest ideals of honor and integrity in all public and personal relationships, in order to merit the respect and inspire the confidence of the organization and the public being served.

Believes that personal aggrandizement or personal profit obtained through misuse of public or personal relationships is dishonest and not tolerable.

Identifies and eliminates participation of any individual in operational situations where a conflict of interest may be involved.

Believes that members of the Institute and its staff should at no time or under any circumstances, accept directly or indirectly, gifts, gratuities or other things of value from suppliers.

Keeps the governmental organization informed, through appropriate channels, of problems and progress of applicable operations, but personally remains in the background by emphasizing the importance of the facts.

Resists encroachment on control of personnel in order to preserve integrity as a professional manager. Handles all personnel matters on a merit basis. Political, religious, racial, gender and age considerations carry no weight in personnel administration in the agency being directed or served.

Seeks or dispenses no personal favors. Handles each administrative problem objectively and empathetically on the basis of principles and justice without discrimination.

Subscribes to and supports the professional aims and objectives of the National Institute of Governmental Purchasing, Inc.

126CSR202

• 1 - - 67 -

Series 203 Exempt Purchasing Procedures (Policy 8210)

W. Va. Code R. § 126-203-2 Applicability

2.1. This policy applies to the West Virginia Board of Education, West Virginia Department of Education, West Virginia Schools of Diversion and Transition, and West Virginia Schools for the Deaf and the Blind. §126‑203‑3. Definitions.

3.1. Award. Written determination of the selection of a vendor to perform under a contract issued after encumbrance and final WVBE approval.

3.2. Best Value Procurement. Procurement method used in awarding a contract based on evaluating and comparing all established quality criteria and cost is not the sole determining factor in the award. This includes RFPs and EOIs.

3.3. Bid. Offer by a vendor in response to a procurement document to provide commodities or services in accordance with the specifications of the WVBE-issued procurement document and includes a proposal to an RFP.

3.4. Bond. Surety or other security that guarantees payment or performance under a contract, including a bid bond, labor and material payment bond, maintenance bond, and performance bond.

3.5. Change Order. Written modification or amendment to a WVBE-issued contract in the manner provided in the contract or upon the mutual consent of the WVBE and the vendor.

3.6. Commodities. Goods, supplies, materials, equipment, or any other tangible item.

3.7. Contract. Binding agreement entered into between the WVBE and a vendor to provide the commodities or services requested in the procurement and includes a purchase order.

3.8. Cooperative Procurement. Use of a contract awarded by another entity, including but not limited to, another State agency, board, commission, or another organization regularly involved in the procurement of commodities or services for which the process of procurement and award were determined by the WVBE to be in accordance with reasonable procurement standards.

3.9. Direct Award. Procurement method to award a contract to a vendor able to provide the commodities and services when it is asserted that there is not any known competition.

3.10. Emergency Procurement. Acquisition method used when unforeseen circumstances have arisen including, but not limited to, a threat to public health, welfare, or safety, to a degree that immediate action is warranted to stabilize the situation or protect the State’s assets, not because of poor planning, neglect, or lack of organization.

3.11. Expression of Interest (EOI). Procurement method that seeks vendors to provide information and express an interest in a procurement for architectural and engineering services.

3.12. FOIA. Freedom of Information Act provided in W. Va. Code §29B‑1‑1, et seq.

3.13. Life Cycle Costing. Evaluation method that considers the cost of the commodity and service being acquired over its expected life or usage.

3.14. Master Agreement. Contract with specified terms and conditions except quantity, which shall also be known as an open‑end contract.

3.15. Procurement. Process of purchasing, renting, leasing, or otherwise acquiring, receiving, and maintaining commodities and services.

3.16. Procurement Document. RFQ, RFP, RFI, EOI or other document and all attachments related to the bidding or other means used to acquire commodities and services.

3.17. Protest. Formal written statement from a prospective or an actual vendor that states the vendor’s dissent or disagreement as to either specification(s) or contract award.

3.18. Request for Information (RFI). Document issued by the WVBE seeking information to aid in preparing specifications.

3.19. Request for Proposal (RFP). Document issued by the WVBE to obtain commodities and services for which cost is not the sole determining factor for award.

3.20. Request for Quotation (RFQ). Document issued by the WVBE to obtain a quotation or bid.

3.21. Requisition. Written or electronic request for the purchase of commodities and services.

3.22. Responsible Vendor. Vendor believed to have the capability to perform a contract and the integrity and reliability to assure good faith performance.

3.23. Responsive Vendor. Vendor submitting a bid that conforms in all material respects to the requirements and specifications of a procurement document.

3.24. Services. Intangible items including, but not limited to, labor, time, expertise, maintenance, software, and service agreements.

3.25. Specification. Clear and accurate description of the physical, functional or performance characteristics, or nature of a commodity being acquired, and including, but not limited to, requirements for inspection, testing, and performance.

3.26. State. State of West Virginia.

3.27. Total Ownership or Operational Cost. Evaluation method that considers the costs of signing, bidding, implementing, operating, training, transitional costs, residual value, disposal, and processes for a commodity or service.

3.28. WVBE. For the purposes of this policy: West Virginia Board of Education, West Virginia Department of Education, West Virginia Schools of Diversion and Transition, and the West Virginia Schools for the Deaf and the Blind.

3.29. WVBE Purchasing. Offices within the WVBE with personnel assigned to oversee and manage procurement.

3.30. Vendor. Person or entity considering or submitting a bid, a person or entity selected as the lowest responsible vendor in connection with a bid, or a person or entity that has been awarded the contract. §126‑203‑4. Exempt Purchasing Authority.

4.1. This policy applies to purchases exempt under W. Va. Code §5A-3-1(c) including the following: purchases of textbooks, instructional materials, digital content resources, instructional technology, hardware, software, telecommunications, and technical services by the WVBE for use in, and in support of, the public schools. §126‑203‑5. General Information.

5.1. WVBE procurements for commodities and services are centrally processed within the entities of the WVBE to provide economical and efficient services at a reasonable cost, using fair and reasonable competitive methods, and providing equitable treatment of vendors.

5.2. The methods used to procure commodities and services needed by the WVBE include competitive bidding, direct purchases, and best value procurement.

5.3. Documentation will be maintained for all procurements by WVBE Purchasing to protect the integrity of the process.

5.4. WVBE contracts shall comply with all applicable laws, rules, and regulations. Procurement documents must contain standard agency terms and conditions necessary to comply with West Virginia law.

5.5. A required black out period will be observed from the release of an RFQ, RFP, or EOI until the award or cancellation. Any contact with the WVBE during a blackout period will only be permissible through WVBE Purchasing.

5.6. Vendors will be provided with instructions for submitting bids and may contact WVBE Purchasing when necessary.

5.7. WVBE contracts must contain a clause that permits the WVBE to cancel the contract upon 30‑days written notice to the vendor without stating a reason or being assessed a penalty.

5.8. Bids will not be altered after opening but will be made available for review or copying.

5.9. Use of a purchasing card may be required as a valid payment method for any procurement if its use is appropriate.

5.10. All bid openings will be open to the public and overseen by WVBE Purchasing. For bids received pursuant to an RFP, WVBE Purchasing will confirm each original package contains a separately sealed cost proposal.

5.11. All bids received will be available to the public as soon as they can be scanned or copied after the opening of a bid. The evaluation committee may conduct oral interviews or site visits to confirm the points assigned for a technical evaluation. After an award, the purchasing file will be available for review or copying.

5.12. The WVBE may enter into negotiations to finalize or amend contracts when necessary. §126‑203‑6. Purchasing Requirements.

6.1. Documentation associated with all procurements will be maintained.

6.2. All purchases of commodities and services are subject to expenditure approval.

6.3. Contracts will be issued for all procurements, regardless of the dollar amount, to assist with tracking and ensure proper internal controls.

6.4. The vendor will be responsible for submitting an accurate bid to WVBE Purchasing. The bid must be submitted in accordance with the procurement documents and by the specified bid opening time, date, and location.

6.5. Prior to receiving a contract award, a vendor must be a registered vendor as required by the West Virginia State Purchasing Division, produce documentation of any required licenses or insurance, and be in good standing with the State, including the West Virginia Secretary of State and West Virginia Workers’ Compensation.

6.6. Vendors that are awarded a contract of $1 million or more are required to provide the WVBE with a completed Disclosure of Interested Parties form authorized by the West Virginia Ethics Commission.

6.7. Vendors are prohibited from providing commodities or performing work without receipt of the awarded contract and notice to proceed, when required. The WVBE will not be responsible for any work performed by a vendor prior to, or not in accordance with, the contract award.

6.8. All requests for commodities or services will be submitted in writing by WVBE staff to WVBE Purchasing by draft purchase order, purchase requisition, or other method prescribed by WVBE Purchasing. All requests require the approval of a person with the appropriate signature authority.

6.9. Upon receipt from WVBE staff, a requisition shall be reviewed by WVBE Purchasing to determine the appropriate sourcing method for the procurement.

6.9.a. Sourcing methods that will be considered include, but are not limited to, a review of inventory from stockroom; State sources (e.g., Correctional Industries, sheltered workshops, surplus property); statewide or agency master agreements; cooperative contracts; or obtaining bids if required by the procurement method levels.

6.9.b. Any WVBE contract requested to be used by another State entity or political subdivision must obtain the written approval of both the WVBE and the vendor.

6.10. Procurement limits will be considered in aggregate, on an annual basis, and are as follows:

6.10.a. $5,000.00 or less - documented attempts to obtain three bids are required. If the procurement is from a sole source, documentation from the sole source stating same must accompany the purchase.

6.10.b. $5,000.01 ‑ $20,000.00 - a minimum of three documented bids is required. If the procurement is from a sole source, documentation from the sole source stating same must accompany the purchase.

6.10.c. Over $20,000.00 must be solicited through wvOASIS.

6.10.d. Limits may be subject to increase when permissible by the State of West Virginia Purchasing Division.

6.11. Any required vendor terms and/or conditions must be submitted and approved before a contract is awarded. Any vendor terms and/or conditions contrary to State law will not be considered.

6.12. All procurement documents issued for a particular procurement shall include the specific date, time, and location for the submission of bids.

6.13. Any bids not submitted by the specified date and time to the specific location will not be considered.

6.14. All bids physically received by WVBE Purchasing will be stamped with the date and time of actual receipt. All bids received through wvOASIS will be electronically stamped by the system.

6.15. All bids will remain sealed until the date and time specified, at which time WVBE Purchasing will open the bids.

6.16. Altering any bid after opening is strictly prohibited.

6.17. A vendor submitting a bid may withdraw the bid at any time prior to the bid opening.

6.18. WVBE procurements will be evaluated in aggregate based upon a rolling 12-month period. §126‑203‑7. Formal Procurement Documents and Processes.

7.1. Request for Quotation (RFQ).

7.1.a. An RFQ shall contain a detailed description of, or specification for, the item(s) being purchased, any required delivery date, quantities, bid price per unit, deadlines, and information on how to complete and submit the RFQ bid.

7.1.b. All bids will be reviewed by WVBE Purchasing and the office requesting the item(s) to verify which bid(s) meet(s) the requirements of the RFQ.

7.1.c. The award will be made to the lowest responsible and responsive vendor.

7.2. Direct Award:

7.2.a. A direct award is a procurement method occurring only if:

7.2.a.1. the procurement file, at a minimum, contains the following:

7.2.a.1.A. written justification that the direct award is in the best interest of the State; and

7.2.a.1.B. documentation of efforts used to determine that there is no other known source, or that no other known source is willing or able to replace the existing source, without a detrimental effect; vendor’s assertions of their sole source status alone is not sufficient evidence of such status; and

7.2.a.1.C. another vendor has not expressed an interest in providing the commodity or service requested.

7.2.b. A direct award may be used for procurements determined to be non‑competitive, including the list of commodities and services described in the West Virginia State Purchasing Division Procedures Handbook.

7.2.c. A direct award contract may be extended or renewed if the request is substantiated by a written justification of continuation of the contract and there is not a price increase or a modification to the scope of work under the current award.

7.3. Request for Proposals (RFP).

7.3.a. RFP documentation is required to define the desired commodities and services to allow comparability of submitted bids.

7.3.b. Procurements made through an RFP will be advertised through the State’s electronic procurement system.

7.3.c. Since RFPs require a two‑part bid opening, technical proposals will be opened fand fully evaluated before cost proposals are opened. Vendors will be notified of the date and time the cost portion will be opened.

7.3.d. At the date, time, and location of the bid opening, the bids received will be opened and the names of the vendors submitting a bid will be documented. WVBE Purchasing will verify that the technical portion and cost portion of the bids are separate, and that the cost portion is appropriately sealed. Any vendor who submits cost proposal information within their technical proposal will be disqualified from the RFP process and that bid will not be considered.

7.3.e. After all bids are opened, the technical portion of each bid will be submitted to the named evaluation committee. The cost portion of the bids will remain sealed until the technical evaluation has been completed.

7.3.f. Evaluation Committee.

7.3.f.1. The evaluation committee will consist of either three or five voting members and will be limited to WVBE employees or other State employees.

7.3.f.2. Before an employee can participate as an evaluation committee member, the employee shall complete the required training. The training must have been completed within the prior 12‑months. WVBE Purchasing will maintain copies of training completion certificates for committee members.

7.3.f.3. A non‑state employee may be permitted to serve as a non‑voting advisor or subject matter expert with prior approval of the evaluation committee. Individuals serving as advisors or subject matter experts will be required to sign a non-conflict of interest form provided by WVBE Purchasing.

7.3.f.4. A committee chairperson or co‑chairperson shall be selected by the committee. The chairperson will act as the committee liaison to WVBE Purchasing.

7.3.f.5. Evaluation committee members will evaluate the bids in a fair and consistent manner that does not attempt to influence or manipulate other members.

7.3.f.6. The committee shall complete a consensus evaluation.

7.3.f.7. After WVBE Purchasing has accepted the recommendation of points assigned, the cost portions of all bids meeting the required minimum acceptable score will be opened.

7.3.f.8. The evaluation committee will complete the cost score of each bid still being considered and combine the cost score with the technical score to arrive at each bidder’s total score.

7.3.f.9. The contract will be awarded to the vendor submitting the bid with the highest total score.

7.4. Emergency Procurements.

7.4.a. If an emergency procurement is determined to be necessary, the WVBE will adhere to the procurement methods included in this rule to the extent practicable. §126‑203‑8. Vendor Protests.

8.1. Protest Procedures. The WVBE provides participating vendors with the right to protest either specifications or purchase order awards for exempt purchases.

8.1.a. All protests for purchasing matters authorized under exempt purchasing authority, regardless of the dollar amount, will be directed to WVBE Purchasing. The vendor is responsible for ensuring that the protest is received by WVBE Purchasing within the allotted timelines. A vendor’s failure to ensure the receipt of the protest to WVBE Purchasing, resulting in the protest not being received by the timeline established in section 8.2, is not sufficient to warrant an extension of the timeline and/or acceptance of the protest.

8.2. Submission of Protest. A vendor protest relating to bid specifications must be submitted no later than five working days prior to the bid opening. A vendor protest relating to the purchase order or contract award must be submitted no later than five working days after the contract award. The vendor is responsible for knowing the specified bid opening and award dates. Any protests received outside of the timelines established in this section may be rejected at WVBE Purchasing’s discretion.

8.2.a. Although the preferred method for protesting is by letter, timely receipt by other means, upon confirmation by WVBE Purchasing, will be considered. All vendor protests must contain the following minimal information:

8.2.a.1. name and address of the protestor;

8.2.a.2. valid requisition, purchase order or contract number(s);

8.2.a.3. statement of the reasons for the protest;

8.2.a.4. supporting documentation; and

8.2.a.5. resolution or relief sought.

8.2.b. A vendor’s failure to submit the information required in section 8.2.a. will be sufficient to warrant rejection of the protest by WVBE Purchasing.

8.3. Protest Review.

8.3.a. WVBE Purchasing, or its designee, will review the protest and issue a written decision. A hearing may be conducted at the discretion of WVBE Purchasing or its designee.

8.3.b. Any continuation or delay of the purchase order or contract award while the protest under consideration will be at the discretion of WVBE Purchasing or its designee.

8.3.c. WVBE Purchasing may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction, if the merits have previously been decided by a court of competent jurisdiction, or if it has been decided in a previous protest by WVBE Purchasing. §126‑203‑9. Public Records.

9.1. As public records, procurement documents will be disclosed to the public following the bid opening or the award of a contract upon request to WVBE Purchasing or pursuant to a FOIA request.

9.2. Any bid or other document in a procurement file will be disclosed pursuant to a request to WVBE Purchasing or a FOIA request, even if the bid or other document contains statements or labels attempting to prevent disclosure, such as confidential, trade secret, private, or any other claim.

9.3. The WVBE is not liable for any disclosure of a procurement document.

9.4. The WVBE does not have a duty to inform a vendor that any documents, contracts or other information has been, or will be, disclosed pursuant to a request. §126‑203‑10. Vendor Debarments and Suspensions.

10.1. The WVBE will recognize and honor any vendor suspensions and debarments by the federal government and/or the West Virginia State Purchasing Division.

10.2. The WVBE may suspend or debar a vendor at its discretion.

W. Va. Code R. § 126-203-11 Severability

11.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 204 Safe Schools Funding Process (Policy 8300)

W. Va. Code R. § 126-204-1 General

1.1. Scope. -- This procedural rule establishes the process by which county boards of education, charter public schools, and multicounty vocational centers may submit requests for needs-based funding from the Safe Schools Fund and the criteria by which those requests shall be evaluated.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §18-2-5 and §18-5-48.

1.3. Filing Date. -- June 12, 2024.

1.4. Effective Date. -- July 15, 2024.

1.5. Repeal of Former Rule. -- None. This is a new rule.

W. Va. Code R. § 126-204-2 Definitions

2.1. Public school district. A collective reference to the county boards of education and charter public schools.

2.2. Safety and security measures. Actions taken by a public school district or multicounty vocational center (MCVC) that improve the security of a school facility and the safety of students within such facility, including, but not limited to, hiring a school resource officer, installing weapon detection systems, and upgrading facility doors or windows.

2.3. Selection committee. Group of members selected according to section 6.1 of this policy, who are responsible for managing the evaluation, selection, and awarding of all available Safe Schools Funds.

W. Va. Code R. § 126-204-3 Annual Safety and Security Assessments and Reports

3.1. Each public school district and MCVC shall annually assess the safety and security of each school facility for which they are responsible. Safety and security measures of each facility shall be upgraded when necessary to ensure the safety of the students within each facility.

3.2. Each public school district and MCVC shall report annually to the West Virginia Department of Education (WVDE) the safety and security measures it has implemented.

3.3. Annually, the WVDE shall compile the information received and report it to the Legislative Oversight Commission on Education Accountability and request an appropriation based on the requests of the public school districts and MCVCs.

W. Va. Code R. § 126-204-4 Safe Schools Fund General Requirements

4.1. When made available, Safe Schools Funds shall be distributed on the basis of need.

4.2. Money distributed from this fund shall not be used to make permanently affixed improvements, alterations, or additions to a physical facility that a public school district or MCVC does not own. If the WVDE distributes any money from the Safe Schools Fund for the purpose of making safety improvements on or in a facility that is not owned, the improvements shall be accomplished in such a manner that they may be removed with minimal effort.

4.3. The WVDE shall allocate available Safe Schools Funds based on the following order of priority:

4.3.a. installing video and audio recording devices in certain special education classrooms, as defined by W. Va. Code §18-20-11;

4.3.b. constructing safe school entryways as defined by W. Va. Code §18-5-48;

4.3.c. on the determination of need, other safety and security needs of the public school districts and MCVCs.

4.4. Safe Schools Funds proposed to improve physical facilities shall only be used to upgrade the safety and security of an existing facility and not to supplement the funding for constructing a new facility.

W. Va. Code R. § 126-204-5 Submission and Evaluation Process for Safe Schools Fund Needs-based Funding

5.1. Subject to the availability of Safe Schools Funds, the WVDE shall notify and provide the public school districts and MCVCs with an application to apply for funding. The completed applications shall be returned to the WVDE in the manner and timeframe prescribed by the WVDE.

5.2. The funding request application from the public school districts and MCVCs shall be submitted to the WVDE and include the following minimum content for consideration:

5.2.a. contain detailed plans illustrating or explaining how the project will improve the safety and security of students and staff;

5.2.b. be included in the submitting public school district or MCVC’s most recent Safety and Security Survey response, as surveyed and collected by the WVDE and required by W. Va. Code §18-5-48. When a request is not identified in the required Safety and Security Survey, the selection committee may consider a written statement from the public school district or MCVC as a substitute for the survey requirement. The written statement shall describe why the proposed project was not included in the required survey and the time significance of including the proposed project;

5.2.c. contain a cost estimate that fully details the project’s proposed costs, if it is a one-time or reoccurring cost, and the amount of funds, if any, the public school district or MCVC proposes to contribute to the project;

5.2.d. if related to physical facility upgrades, provide a copy or access to the approved Comprehensive Educational Facilities Plan (CEFP) of the county board of education or MCVC, as defined by W. Va. 126CSR172, Policy 6200, Handbook on Planning School Facilities (Policy 6200), or a charter public school’s organizational application or similar planning documents;

5.2.e. contain a summary of the public school districts’ and MCVCs’ efforts to maintain and improve the safety and security of students and staff at the facilities under the applicant’s control; and

5.2.f. other information the selection committee deems significantly relevant.

5.3. When a public school district or MCVC proposes a project involving physical facility improvements, separate applications shall be submitted and considered for each physical school location.

W. Va. Code R. § 126-204-6 Selection Process for Safe Schools Fund Needs-based Funding

6.1. Public school districts and MCVCs whose requests meet the content requirements of section 5.2, shall be placed in a pool of eligible applications for further consideration by a selection committee. The State Superintendent of Schools shall determine the number of members on the selection committee and appoint members to the committee.

6.2. Subject to the availability of funds, the selection committee shall evaluate and rank the eligible applications for the awarding of Safe Schools Funds based on the following criteria in order of prioritization and value:

6.2.a. the ordered priorities defined in section 4.3;

6.2.b. the demonstrated ability of the public school districts or MCVCs to fund the project and complete it in a timeframe that meets the requirements of this policy;

6.2.c. the alignment of the project with the public school district and MCVCs’ long-term facility, safety, and security plans;

6.2.d. demonstrated efforts by the public school districts and MCVCs to maintain facilities and improve the safety and security of students and staff at the proposed project facility and other facilities under the applicant’s control; and

6.2.e. other criteria the selection committee deems significantly relevant.

W. Va. Code R. § 126-204-7 Award Process and Requirements for Selected Projects

7.1. Subject to the availability of funds, the ranked submissions shall be funded, starting with the highest-ranking submission and proceeding to the lower-ranking submission until funds are extinguished for the respective fiscal year and no more submissions can be fully funded.

7.2. All submissions must be explicitly used for the stated purpose and procured according to W. Va. 126CSR202, Policy 8200, Purchasing Procedures for Local Educational Agencies, and all other requirements governing the expenditure of public funds.

7.3. When the WVDE identifies funding as being used for purposes outside the scope of an approved submission or not according to proper procurement methods, funding for that submission shall be unallocated, and all expended and unexpended funds shall be returned to the Safe Schools Fund and made available for future allocation and distribution according to the processes defined in this policy.

7.4. Funds for approved submissions may be distributed either as a lump sum or on a reimbursement basis, as determined by the selection committee and in the best interest of ensuring the prudent and responsible use of resources.

7.5. The selection committee shall determine the distribution of unused, returned, or unallocated funds. It is within the selection committee’s discretion to award returned or unallocated funds to currently eligible and prioritized submissions or to hold the funds for distribution in subsequent fiscal years.

7.6. To encourage planning and prompt action, public school districts and MCVCs forfeit any funds that fail to be expended within two fiscal years of disbursement, unless the committee provides an extension under the following guidelines for extensions and forfeitures:

7.6.a. upon formal request from the public school districts or MCVCs, the committee may authorize an extension beyond the provided two fiscal years for a period not to exceed an additional fiscal year; and

7.6.b. any forfeited funds shall be returned to Safe Schools Fund and made available for future allocation and distribution according to the processes defined in this policy.

7.7. When a submission’s cost exceeds awarded funds, the public school district or MCVC is responsible for the required additional funding. No supplemental funding will be provided for submissions over budget.

7.8. If costs or other barriers make completion of an awarded submission impossible or delayed beyond the extension allowability defined in this policy, all expended and unexpended project funds shall be unallocated and returned to the Safe Schools Fund for use on other eligible submissions.

7.9. All physical facility modifications shall meet the requirements of Policy 6200, current state building codes, and the West Virginia State Fire Marshal’s requirements.

7.10. If the proposed submission is a facility improvement, it shall be contained in the approved CEFP of the county board of education or MCVC, as defined by Policy 6200, or a charter public school’s organizational application or similar planning documents. When a request is not identified in the applying entity’s applicable facility plans, the selection committee may consider the applicant's written statement providing their intent to complete the necessary facility plan amendments if their project is selected.

W. Va. Code R. § 126-204-8 Severability

8.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.

126CSR204

Series 205 Charter Public Schools Stimulus Fund (Policy 8400)

W. Va. Code R. § 126-205-1 General

1.1. Scope. -- This rule establishes the process by which applicants may request financial support from the Charter Public Schools Stimulus Fund (CPSSF) created by West Virginia Code §18-5G-17(a), and establishes the standards applicable to the use of monies granted from such Fund.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§18‑2-5, 18-5G-4(b)(5), §18-5G-17(b).

1.3. Filing Date. -- February 12, 2025

1.4. Effective Date. -- March 20, 2025

W. Va. Code R. § 126-205-2 Definitions

2.1. Applicant. One or more persons or a West Virginia institution of higher education that intends to apply, or has applied, and been approved by an authorizer to operate a charter public school in this State, and has applied for financial support from the CPSSF.

2.2. Authorizer. An entity given the authority under W. Va. Code §§18-5G-1 et seq. to decide whether to approve or reject applications to operate charter public schools in this State.

2.3. Charter Public School. A public school, or program within a public school, authorized in accordance with W. Va. Code §§18-5G-1 et seq. and subject to the general supervision of the West Virginia Board of Education (WVBE).

2.4. Charter Public Schools Stimulus Fund (CPSSF). The special revenue fund established by W. Va. Code §18-5G-17(a) for the purpose of providing financial support to charter public school applicants and charter public schools that may not otherwise have the resources for start-up costs.

2.5. Grantee. One or more persons or a West Virginia institution of higher education that have been awarded Charter Public Schools Stimulus Fund monies by the Professional Charter School Board.

2.6. Professional Charter School Board (PCSB). The statutory body created by W. Va. Code §18-5G-15 which reports directly to, and is responsible to, the WVBE and subject to the general supervision of the WVBE pursuant to Article XII, §2 of the W. Va. Constitution.

2.7. West Virginia Board of Education (WVBE). The constitutional body established by the people of the State of West Virginia in Article XII, §2 of the W. Va. Constitution and vested by the people with the general supervision of the public schools of this State.

W. Va. Code R. § 126-205-3 Eligibility

3.1. To be eligible for financial support from the CPSSF, applicants shall demonstrate that without the financial support from the CPSSF:

3.1.a. they cannot successfully apply to an authorizer; or,

3.1.b. they do not have the financial capacity for start-up costs associated with establishing a charter public school in the State.

3.2. To establish eligibility under section 3.1.a of this rule, the applicant shall:

3.2.a. demonstrate that it cannot meet specifically identified charter public school criteria and/or charter public school application requirements set forth in West Virginia Code §18-5G-3 and/or West Virginia Code §18-5G-8; as a result of its lack of financial capacity;

3.2.b. produce financial reports and/or other documents that supports that the applicant lacks the financial capacity to meet the specifically identified charter public school criteria and/or charter public school application requirements set forth in W. Va. Code §18-5G-3 and/or W. Va. Code §18-5G-8;

3.2.c. demonstrate that its inability to meet those specifically identified criteria and/or requirements will be remedied by an initial grant from the CPSSF; and,

3.2.d. demonstrate that it is not working with, or financed by, any organization that has started or financed other charter schools to the degree that facilitating and starting charter schools is a significant portion of the organization’s purpose.

3.3. To establish eligibility under section 3.1.b of this rule, the applicant shall:

3.3.a. demonstrate that it does not have the financial capacity for specifically identified start-up costs that are allowable CPSSF costs under this rule;

3.3.b. produce financial reports and/or other documents that supports that the applicant lacks the financial capacity for specifically identified start-up costs that are allowable CPSSF costs under this rule;

3.3.c. demonstrate that its lack of financial capacity for the specifically identified start-up costs will be remedied by an initial grant from the CPSSF;

3.3.d. demonstrate that it is not working with, or financed by, any organization that has started or financed other charter schools to the degree that facilitating and starting charter schools is a significant portion of the organization’s purpose; and,

3.3.e. demonstrate that it is seeking CPSSF funding during or before the first two years of the charter school’s operation as required by W. Va. Code §18-56-17(c)(1).

3.4. In order to meet the eligibility criteria set forth in sections 3.2.d and 3.3.d of this rule, the applicant shall:

3.4.a. demonstrate that the charter held or sought to be held by the applicant is held or sought to be held by the school and not by a for-profit organization or a nonprofit subsidiary of a for-profit organization engaged in starting, facilitating, managing and/or financing charter schools as a significant portion of the organization’s purpose or business.

3.4.b. provide an assurance that it has not and will not enter into a contract or contracts with a for-profit organization or a nonprofit subsidiary of a for-profit organization engaged in starting, facilitating, managing and/or financing charter schools as a significant portion of the organization’s purpose or business.

W. Va. Code R. § 126-205-4 Allowable and Non-Allowable Costs

4.1. Grant funds from the CPSSF must supplement, not supplant, any federal, state, local or other funds available to the applicant for the items for which the applicant seeks CPSSF funding. To meet its burden of showing that the CPSSF funds sought by the applicant will not be used to supplant any available federal, state, local, or other funds, the applicant must show that such other available funds are necessary to meet expenses other than the expenses at issue in the CPSSF application.

4.2. Recipients of CPSSF funding shall only use such funding in accordance with their CPSSF budget that is prepared and approved in accordance with this rule.

4.3. CPSSF funding shall only be expended for costs that are one-time in nature to allow the applicant to successfully apply to an authorizer or pay for start-up costs associated with establishing a charter public school. CPSSF funding shall not be expended for ongoing operational costs. Questions to be considered when making the distinction between one-time and ongoing costs are whether the expense is required to operate the school and whether the school will continue to incur the expense after the CPSSF grant has expired. If either of these questions are answered in the affirmative, then the expense is not likely to be a one-time expense and therefore, would not be allowed.

4.4. CPSSF funding shall not be used for real estate acquisitions.

4.5. CPSSF funding shall not be used to make permanently affixed improvements, alterations, or additions to a physical facility that the applicant does not own. Provided that, if a charter public school eligible for CPSSF funding is leasing a public facility from a county board of education or other public entity pursuant to West Virginia Code § 18-5G-12, it may seek to use CPSSF funding to make permanently affixed improvements, alterations, or additions to the facility with the approval of the county board or other public entity that owns the public facility. If the PCSB distributes any CPSSF funding for the purpose of making removable improvements to a facility that is not owned by the applicant, the improvements shall be accomplished in such a manner that they may be removed with minimal effort.

4.6. If the PCSB distributes CPSSF funding for the purpose of making permanently affixed improvements, alterations, or additions to a physical facility owned by the applicant, a lien in favor of the West Virginia Board of Education shall attach to the physical facility and the real property on which the physical facility is situated. The lien shall be in the amount of the CPSSF funding distributed by the PCSB and shall continue for a period of fifteen (15) years from the date of completion of the improvements, alterations, or additions to the physical facility. To protect and enforce the lien, the following requirements shall apply during the period of the lien:

4.6.a. For lien amounts greater than twenty-five thousand dollars ($25,000.00), upon the applicant’s own initiative, and at its own expense, the applicant shall record a notice of lien in the office of the county commission of the county in which the real property is situated. The notice of lien shall state the amount and expiration date of the lien, identify the West Virginia Board of Education as holder of the lien, state the West Virginia Board of Education’s contact information, and contain a description of the real property subject to the lien.

4.6.b. The applicant must maintain appropriate insurance coverage on the physical facility.

4.6.c. If the physical facility is no longer needed for the original purpose, including but not limited to temporary or permanent cessation of operation of the public charter school, or failure to begin operation of a public charter school, the applicant shall compensate the PCSB in the full amount of the lien.

4.6.d. Before the physical facility or the real property on which the physical facility is situated may be disposed of or otherwise transferred, the applicant shall compensate the PCSB in the full amount of the lien.

4.7. Costs must be incurred during the time period specified in the CPSSF grant award in order to be an allowable cost.

4.8. Non-Allowable costs for CPSSF funding include, but are not limited to:

4.8.a. After school programs;

4.8.b. Audits;

4.8.c. Authorizer Fees;

4.8.d. Alcohol;

4.8.e. Consumable goods such as office supplies;

4.8.f. Conference travel;

4.8.g. Contingency or “petty cash” funds;

4.8.h. Contributions and donations to others; and,

4.8.i. On-going equipment and supplies for building maintenance.

W. Va. Code R. § 126-205-5 Applications for Grant Funds

5.1. When the West Virginia Legislature appropriates funds to the special revenue account designated and known as the Charter Schools Stimulus Fund or other allowable sources of funds are deposited in such account, the PCSB may accept applications for CPSSF grant awards. Applications for funds may not be accepted in the absence of a legislative appropriation and/or the deposit of other allowable sources of funds in the Charter Schools Stimulus Fund special revenue account.

5.2. Every applicant for CPSSF funds shall complete a written application in which the applicant:

5.2.a. attests that upon the date of application, it meets all applicable eligibility criteria set forth in section 3 of this rule and produces in connection with its application all reports and/or other documents required by section 3 of this rule;

5.2.b. identifies and describes the items for which the applicant seeks CPSSF funding;

5.2.c. demonstrates that other available federal, state, local, or other funds available to the applicant for the items for which the applicant seeks CPSSF funding are necessary to meet expenses other than the expenses at issue in the CPSSF application;

5.2.d. specifies the time period in which it will complete the purchase and/or acquisition of the items for which it seeks CPSSF funding; and,

5.2.e. provides a vendor quotation of the cost of the items for which it seeks CPSSF funding and provides a detailed budget for the purchase and/or acquisition of the items.

5.3. If an applications seeks CPSSF funding for the purpose of new construction or permanently affixed improvements, alterations, or additions, the application must include the following documentation:

5.3.a. a project development schedule including specific timelines and/or progression dates relative to the award date if the application is granted;

5.3.b. a site feasibility study including geotechnical evaluation, boundary and topographical data, geological evaluation, archaeological evaluation, site access planning, and utility availability; and

5.3.c. the credentials of all architectural and/or engineering contractors being considered to perform services if the application is granted.

5.4. The PCSB may, in its discretion, allow an applicant to amend its budget submitted in accordance with section 5.2.e. of this rule provided that the amendment does not materially change the purpose for which the CPSSF funding is sought and provided that the amendment is made before the PCSB and/or a PCSB subcommittee begins evaluation of applications.

5.5. Every application for CPSSF funding shall be signed by the applicant and/or a duly authorized representative of the applicant. If the signatory is a duly authorized representative of the applicant, the signatory shall identify his or her position in relation to the applicant.

5.6. Every application for CPSSF funding shall contain an attestation clause that states that the applicant affirms that the information contained in the application, and any documents submitted in connection with the application, are true and accurate. Further, the application shall be signed and affirmed before a notary public.

W. Va. Code R. § 126-205-6 Determination of Grant Awards

6.1. The PCSB may appoint a subcommittee to evaluate and make recommendations on all eligible applications for CPSSF funding. Such appointments shall be made in a public meeting held in compliance with the West Virginia Open Governmental Proceedings Act, W. Va. Code §§6-9A-1 et seq.

6.2. All subcommittee deliberations, discussions, and determinations regarding recommendations shall be conducted in a public meeting in compliance with the West Virginia Open Governmental Proceedings Act, W. Va. Code §§6-9A-1 et seq.

6.3. Any appointed subcommittee shall evaluate and rank the eligible applications for awarding CPSSF funding using a scoring system that includes identified evaluative criteria and a scoring strategy.

6.4. Any appointed subcommittee shall make a recommendation to the PCSB on the disposition of eligible applications. Any such recommendation shall be in writing and include an explanation of the subcommittee’s evaluation and ranking of the eligible applications.

6.5. The PCSB will consider all eligible applications, taking into account the recommendations of any appointed subcommittee, to determine whether such applications should be granted, denied, or granted in part. In making such determinations, the PCSB will conduct all due diligence and use its subject-matter expertise to exercise reasonable discretion in providing for the most appropriate use of public funds.

6.6. The PCSB shall ensure that any appointed subcommittee member, PCSB member and/or PCSB staff member (member) involved in the determination of CPSSF evaluation and/or grant award does not have a conflict of interest that would call into question the fairness and impartiality of the grant award process. Conflicts of interest may include, but are not limited to, a personal interest that may impact a member’s ability to fulfill his or her professional obligations in making a fair and impartial decision on a grant application. At all times, a member who participates in the grant application and award process shall avoid even the appearance of impropriety or of a conflict of interest.

6.7. When considering a recommendation made by an appointed subcommittee and/or acting upon an application for CPSSF grant funds, the PCSB shall deliberate and vote in a public meeting in compliance with the West Virginia Open Governmental Proceedings Act, W. Va. Code §§6-9A-1 et seq.

6.8. Pursuant to the requirements of section 8 of West Virginia State Auditor rule W. Va. 155CSR9, Accountability Requirements for State Funds and Grants (W. Va. 155CSR9), before awarding a CPSSF grant, the PCSB shall verify that the applicant seeking the grant is not barred from receiving the grant. The verification process shall include one of the following:

6.8.a. A clause within the formal grant agreement or other contractual document, signed by an authorized representative of the applicant seeking the grant before a notary public, stating as follows: “Under penalty of law for false swearing (W. Va. Code §61-5-3), [Applicant] certifies that by signing this grant agreement on the signature page that [Applicant] and all related parties have filed all reports for state grants received as required by W. Va. Code §12-4-14.”; or,

6.8.b. A separate notarized sworn statement of compliance from the applicant seeking the grant stating that the applicant has filed all reports and sworn statements of expenditures pursuant to the requirements of W. Va. Code §12-4-14. An authorized representative of the applicant shall sign the notarized statement and provide his or her printed name, title, and date of signature. The sworn statement shall include the following clause: “Under penalty of law for false swearing (W. Va. Code §61-5-3), [Applicant] certifies that by signing this sworn statement that the [Applicant] and all related parties have filed all reports for state grants received as required by W. Va. Code §12-4-14.”

W. Va. Code R. § 126-205-7 Grant Awards

7.1. All grant awards of CPSSF funding are subject to the following:

7.1.a. The Grantee shall only expend CPSSF grant funds for the item(s) identified in its application to the PCSB.

7.1.b. The Grantee shall comply with W. Va. 126CSR202, Purchasing Policies for Local Education Agencies, (Policy 8200), in procuring any goods or services in connection with the expenditure of its CPSSF funding.

7.1.c. If the Grantee has been awarded CPSSF grant funds to purchase a school bus or buses, such bus or buses shall conform to the West Virginia Minimum Requirements for Design and Equipment of School Buses contained in W. Va. 126CSR92, West Virginia School Bus Transportation Regulations, Procedures and Specifications for the Design and Equipment of School Buses, Policy 4336.

7.1.d. The PCSB, as the grantor of CPSSF grant funds, and the Grantee shall comply with the West Virgina Grant Transparency and Accountability established in W. Va. Code §12-4-14, W. Va. 155CSR9, and the requirements of this rule.

7.1.e. A Grantee shall not grant or assign any part of its CPSSF grant funds to a subgrantee or any other party.

7.2. The PCSB and the Grantee shall enter into a grant agreement that contains, at a minimum, the following:

7.2.a. The name and business address of the Grantee;

7.2.b. The amount of CPSSF funding granted by the PCSB to the Grantee and whether or not it is an initial grant of CPSSF funding under W. Va. Code §18-5G-17(c)(1) or an additional grant of CPSSF funding under W. Va. Code §18-5G-17(c)(2);

7.2.c. The item or items for which the CPSSF funding was granted;

7.2.d. The budget for the expenditure of the CPSSF funding that was granted;

7.2.e. The time period in which the CPSSF funding shall be expended;

7.2.f. A clause in compliance with section 8 of W. Va. 155CSR9 and section 6.8.a of this rule, unless the grantee has submitted a separate sworn notarized statement in compliance with section 8 of W. Va. 155CSR9 and section 6.8.b of this rule;

7.2.g. An affirmation, if applicable, that the Grantee shall reimburse the PCSB the full amount of the grant plus interest calculated at a prorated rate of ten percent a year if it fails to begin operating a charter school within thirty months after an initial grant is awarded and/or after an additional grant is awarded, unless the PCSB grants an extension of the thirty-month time period for extenuating circumstances;

7.2.h. A sworn affirmation by the Grantee that it shall conform to all requirements of W. Va. Code §§18-5G-1 et seq., the West Virginia Grant Transparency and Accountability Act established in W. Va. Code §12-4-14, W. Va. 155CSR9, the requirements of this rule; and, the requirements of any other WVBE applicable rule including, but not limited to, Policy 8200 and Policy 4336.

W. Va. Code R. § 126-205-8 Grant Extensions

8.1. Pursuant to W. Va. Code §18-5G-17(c)(1) and (2), the PCSB is authorized to grant an extension of the thirty-month time period within which a Grantee is required to begin operating a charter public school after either an initial grant and/or an additional grant of CPSSF funds is awarded. Such extensions shall:

8.1.a. Only be granted for extenuating circumstances which have been demonstrated to have prevented the Grantee from beginning the operation of a charter public school within the thirty-month period; and

8.1.b. Only be granted for a specific and defined time period, not to exceed one year.

8.2. For the purpose of this rule, the term “extenuating circumstances” shall mean an unforeseen, exceptional, nonrecurring event that is beyond the Grantee’s control. “Extenuating circumstances” shall not mean mismanagement, poor planning, disorganization, lack of competence or other malfeasance.

8.3. Any grant extension considered, or acted upon, by the PCSB shall be done in a public meeting held in compliance with the West Virginia Open Governmental Proceedings Act, W. Va. Code §§6-9A-1 et seq.

8.4. If a grant extension is granted by the PCSB after a majority vote at a public meeting:

8.4.a. The PCSB shall notify the Grantee in writing of the extenuating circumstances that the PCSB found to justify the extension and the specific time period of the extension.

8.4.b The PCSB and the Grantee shall enter into a written amendment to the grant agreement required by section 7.2 of this rule in which the terms and conditions of the grant extension are specified.

W. Va. Code R. § 126-205-9 Administration, Transparency, and Reporting

9.1. The PCSB, Applicants and/or Grantees shall administer the CPSSF in accordance with the requirements of W. Va. Code §18-5G-17, W. Va. 155CSR9, and the requirements of this rule.

9.2. In order to allow the WVBE to fulfill its general supervisory responsibilities under Article XII, §2 of the W. Va. Constitution and its responsibility under W. Va. Code §18-5G-4(b)(5) to establish reporting requirements to monitor the performance and legal compliance of authorizers and public charter schools, the PCSB shall report the following:

9.2.a. Beginning on July 1 of the first full year following a legislative appropriation and/or other allowable funding being deposited into the CPSSF, the PCSB shall annually submit a written report to the WVBE on the status of monies granted from such Fund. The report shall contain, at a minimum, the following:

9.2.a.1. The name(s) and addresses of the Applicants for CPSSF financial support;

9.2.a.2. Whether each Applicant sought CPSSF funding to enable it to successfully apply to an authorizer or whether the Applicant has already been approved by an authorizer to operate a charter public school and sought funding for start-up costs.

9.2.a.3. Whether each Applicant’s application was denied or approved and, if approved, the amount of CPSSF funding granted to each Applicant.

9.2.a.4. A copy of each application and accompanying documentation for CPSSF funding received by the PCSB.

9.2.a.5. A copy of each CPSSF funding agreement the PCSB entered into with a Grantee.

9.2.b. If a Grantee fails to begin operating a charter public school within thirty months from the date it receives an initial grant made pursuant to W. Va. Code § 8-5G-17(c)(1) or an additional grant made pursuant to W. Va. Code §18-5G-17(c)(2), the PCSB shall immediately notify the WVBE in writing.

9.2.c. If the PCSB extends the thirty-month period within which a Grantee may begin operating a charter school in accordance with W. Va. Code §18-5G-17(c)(1) and (2), the PCSB shall make a written report of the extension to the WVBE. The report shall include, at a minimum, the name of the Grantee; a description of the extenuating circumstances justifying the extension; and, the length of time for which the extension was granted.

9.2.d. If a Grantee fails to begin operating a charter public school within an extension period granted by the PCSB in accordance with W. Va. Code §18-5G-17(c)(1) and/or (2), the PCSB shall immediately notify the WVBE in writing. The notification shall include a description of the PCSB’s plan to obtain reimbursement of grant funds from the recipient.

9.2.e. If at any time, a Grantee fails to fully reimburse grant funds to the PCSB and/or fails to make a timely reimbursement payment pursuant to requirements imposed by the PCSB, the PCSB shall immediately notify the WVBE in writing. Such notification shall include a description of the PCSB’s plan to collect the amount owed by the Grantee.

9.2.f. The PCSB shall provide copies of all reports, notifications, or other documents it generates, issues, or receives in connection with W. Va. 155CSR9 compliance to the WVBE.

Series 206 Competitive Grant Application and Award Process (Policy 8500)

W. Va. Code R. § 126-206-1 General

1.1. Scope. -- This procedural rule establishes the process for local education agencies (LEAs) to apply and receive grants managed by the West Virginia Department of Education (WVDE) through a competitive process that are not awarded under another rule or federal or state regulation.

1.2. Authority. -- West Virginia Constitution, Article XII, §2, and W. Va. Code §18-2-5 and §18-9A-10.

1.3. Filing Date. – October 9, 2024.

1.4. Effective Date. – November 9, 2024.

1.5. Repeal of Former Rule. -- None; this is a new rule.

W. Va. Code R. § 126-206-2 Grant Applications

2.1. The WVDE shall notify eligible LEAs of the availability of a grant opportunity a minimum of 30 days prior to the application deadline for the grant.

2.2. The WVDE shall provide a grant application that includes the minimum requirements. The completed application shall be returned to the WVDE in the manner and timeframe prescribed by the WVDE.

2.3. The minimum grant requirements shall include, but are not limited to, the following:

2.3.a. a description of the project that includes the project’s purpose, established goals and objectives, identified beneficiaries, and the implementation and completion timeline for the project;

2.3.b. a proposed budget that includes detailed financial information estimating the total cost and related expenses for the project;

2.3.c. an evaluation plan designed to measure the success of the project;

2.3.d. documentation that the LEA’s project is consistent with the purpose of the grant and demonstrates a financial need to implement and complete the project; and,

2.3.e. documentation that the LEA has matching funds available, if applicable.

W. Va. Code R. § 126-206-3 Grant Application Evaluation and Award Process

3.1. The State Superintendent of Schools (State Superintendent) shall establish a review committee (the Committee) consisting of five members, one of which shall be the assistant superintendent assigned to oversee the office responsible for awarding the grant who shall be the Chair.

3.2. LEAs submitting grant requests that meet the minimum requirements shall be placed in a pool of eligible applications for further consideration by the Committee.

3.3. The Committee shall evaluate and rank the eligible applications utilizing a rubric.

3.4. All grant awards recommended by the Committee shall be submitted to the State Superintendent for final approval. Provided, the Committee has the authority to recommend a grant award that is less than the amount applied for and/or establish additional grant requirements.

3.5. After approval by the State Superintendent, the Chair, or designee, shall notify the LEAs that they were approved for a grant award.

3.6. The Chair, or their designee, shall notify the LEAs that were not successful in obtaining a grant and, upon request, provide feedback to enhance the LEA’s prospect of receiving future grant awards.

W. Va. Code R. § 126-206-4 Compliance with Grant Requirements

4.1. An LEA receiving grant funding shall adhere to all requirements for the award established by the Committee and approved by the State Superintendent.

4.2. All funds distributed under this policy shall be explicitly used for the stated purpose and procured according to W. Va. 126CSR202, Policy 8200, Purchasing Procedures for Local Education Agencies, and all other requirements governing the expenditure of public funds.

4.3. The State Superintendent may issue an extension if the cost or other barriers have made it difficult for the LEA to complete the project within the established timeframe.

4.4. The State Superintendent may issue sanctions for an LEA that fails to comply with grant requirements including, but not limited to:

4.4.a. requiring the LEA to return all, or a portion of, the funding; and/or

4.4.b. prohibiting the LEA from applying for WVDE competitive grants for a set period of time.

W. Va. Code R. § 126-206-5 Severability

5.1. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

Series 207 Projection of Net Enrollment Increases (Policy 8224)

W. Va. Code R. § 126-207-1 General

1.1. Purpose. -- The purpose of this legislative rule is to establish an objective method for projecting an increase in net enrollment for each public school district to determine the amount of funding required to fully fund the provisions of W. Va. Code §18-9A-15.

1.2. Authority. -- W. Va. Constitution, Article XII, §2; and W. Va. Code §§11B-2-3, 18-2-5, 18-5G et seq., 18-9A-2, and 18-9A-15.

1.3. Filing Date. -- July 8, 2024.

1.4. Effective Date. -- August 7, 2024.

1.5. Repeal of former rule. -- This legislative rule amends W. Va. 126CSR207, Policy 8224, Projection of Net Enrollment Increases, filed August 12, 2005, and effective September 11, 2005.

W. Va. Code R. § 126-207-2 Applicability

2.1. This policy applies to the West Virginia Department of Education (WVDE), Office of School Finance, charter public schools, and all county boards of education.

W. Va. Code R. § 126-207-3 Definitions

3.1. Birth data. Annual birth information for each county in the state.

3.2. Cohort survival. Student advancement to the next grade level.

3.3. Enrollment history. Five-year history of student (headcount) enrollment for each public school district, based upon second month enrollment.

3.4. Net enrollment. Number of pupils enrolled in early childhood education programs (ages 3-5), kindergarten programs, grades one through 12, and special education programs in the public schools of the school district. Net enrollment shall include adults enrolled in career technical education programs and shall include no more than 2,500 such adults counted on the basis of full‑time equivalency and apportioned annually to each county in proportion to the adults participating in career technical education programs in the prior year counted on the basis of full-time equivalency.

3.5. Public school district. For the purpose of this policy, public school district means county board of education or charter public school.

3.6. Survival ratio. Percentage of students that advance from one grade level to the next.

3.7. Economic adjustment factor. Estimated factor based on economic development projects announced by state and local government officials. An adjustment percentage is formulated based on available data points such as the number of jobs created due to economic development such as the start‑up or shutdown of a major employer, causing a material improvement or deterioration of the job market.

3.8. Grade adjustment factor. Estimated factor used when a public school district is adding or removing grade levels from the previous year.

W. Va. Code R. § 126-207-4 Administration

4.1. The WVDE Office of School Finance, on behalf of the State Superintendent of Schools (State Superintendent), shall be responsible for administering and complying with the requirements of this policy.

W. Va. Code R. § 126-207-5 Projections of Net Enrollment - County Boards of Education

5.1. There are a variety of methods available to forecast student enrollment. A method that has proven reliable over a number of years of use is the cohort survival method. This method fares well even when compared with more sophisticated methods that employ multiple regression analysis. It is this reliability and relative simplicity that has led to its historical use by the National Center for Education Statistics for similar enrollment-type projections and is the reason for adoption as the objective method employed by the WVDE for projecting net enrollment increases.

5.2. The basic concept behind cohort survival is that it is known, from historical records, what percentage of students in a cohort, or grade level, are promoted to the next grade level. This information can be used to objectively project future enrollments.

5.3. For the purpose of this policy, five years of net enrollment historical data of all students enrolled in the public schools of this state in pre-kindergarten through grade 12 will be aggregated for each county board of education and an average survival rate determined for each grade level to project the total net enrollment of each county board for the upcoming school year.

5.4. To project pre-kindergarten enrollment, birth data from four years earlier will be used.

5.5. An adjustment will be made to each county board of education’s enrollment projection due to economic factors impacting the county.

5.6. A final adjustment will be made to each county board of education’s enrollment projection due to charter public school enrollment projections as detailed in section 6.

W. Va. Code R. § 126-207-6 Projections of Net Enrollment - Charter Public Schools

6.1. Charter public schools can enroll students from multiple counties, therefore, the cohort survival methodology would not provide a reasonable means for forecasting student enrollment. To ensure both new and existing charter public schools receive appropriate funding based on increased net enrollment, the WVDE will employ the following method for projecting net enrollment increases.

6.1.a. In the initial year of operations for a charter public school, projected net enrollment will be based on projected enrollment data required to be certified to the WVDE by April 15 of the preceding year in accordance with 126CSR79, Policy 3300, Charter Public Schools.

6.1.b. In the second through fifth year of operations of a charter public school, it is necessary for a charter public school to report a preliminary projected enrollment count to WVDE to be used in the computation of a partial increased enrollment distribution as permitted by section 8.1 of this policy. The projected count must be provided to WVDE by December 1.

6.1.c. In all subsequent years of operations for a charter public school, projected net enrollment will be based on full-time equivalency (FTE) enrollment trend data over a five-year period. Until a full five‑year trend is available, FTE enrollment data from inception-to-date will be utilized in the trend calculation.

6.2. An adjustment will be made to each charter public school’s enrollment projection due to economic factors impacting the proportional county of residence for the student base of the public school district.

6.3. A grade adjustment factor will be utilized if the public school district is adding or removing grades levels in the succeeding year.

W. Va. Code R. § 126-207-7 Computations of Required Funding

7.1. To determine the amount of funding to request for increased enrollment, the projected net enrollment for each public school district for which an increase in net enrollment is projected for the upcoming school year will be multiplied by the average state aid per pupil for that public school district for the latest year for which the data is available. In the case of charter public school districts, the average state aid per pupil will be calculated using a weighted average based on the school district in which each student physically resides. Average state aid per pupil for county boards of education is net of local share wherein average state aid per pupil for charter public schools does not include a local share adjustment.

7.1.a. In the initial year of operations, only those students not included in the October 1 certified enrollment count of a West Virginia public school district in the preceding year are to be included in the charter public school’s increase in net enrollment computation for the school year.

7.2. To ensure that adequate funding is requested for increased enrollment, a modification factor will be determined using historical data to adjust the aggregate amount determined in the preceding steps.

7.3. The total amount determined from the computation outlined above will be the basis for the appropriation request for increased enrollment submitted by the State Superintendent to the West Virginia Legislature and the Governor, pursuant to the provisions of W. Va. Code §11B-2-3.

W. Va. Code R. § 126-207-8 Distribution of Funds Appropriated

8.1. At the request of a public school district, the State Superintendent may advance a partial distribution to the public school district of up to 60 percent of its estimated share based on its projected increased enrollment before the actual increase in net enrollment is available.

8.2. If the amount distributed to a public school district is greater than the total amount to which a district is entitled to receive for the year, the district shall refund the difference to the WVDE on or before June 30 of the fiscal year in which the excess distribution is made.

8.3. The WVDE shall notify the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability whenever an advanced partial distribution is made.

8.4. In the event that a partial distribution of increased enrollment funding is not requested, the State Superintendent shall distribute each public school district’s share of the appropriation on or before December 31 of each year.

8.5. If the amount of the appropriation for increased enrollment is not sufficient to provide payment in full for the total of these allocations, each public school district allocation shall be reduced to an amount which is proportionate to the appropriation compared to the total of the allocations and the allocations as thus adjusted shall be distributed to the public school district.

8.5.a. In this case, the Governor shall request a supplemental appropriation at the next legislative session for the reduced amount.

W. Va. Code R. § 126-207-9 Severability

9.1. If any provision of this policy or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this policy.