West Virginia Code § 18-28-3

Standardized testing requirements
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(a) Each private, parochial, or church school or school of a religious order or other non-
public school electing to operate under this statute in lieu of the approval requirements set
forth as part of §18-8-1(b) of this code shall administer during each school year a nationally
normed standardized achievement test which test shall be selected by the chief
administrative officer of each school. The test shall be administered to studeents at the same
grade levels and in the same subject areas as required in the public schools of the state for
administration of the statewide summative assessment. The selected terst shall be published
or normed within the last 10 years and shall be administered under standardized conditions
as set forth by the published instructions of the selected test. The student participation rate
on the standardized achievement test must be the same as that required in the public
schools for a school's composite score to be considered validt.
(b) Notwithstanding subsection (a) of this section, any private, parochial, church school,
school of a religious order, or other non-public school that exclusively teaches special
education students or children with learning disabilities shall academically assess students
by one or more of the following methods: (1) As standardized group achievement test; (2) a
standardized individual achievement test; (3) a written narrative of an evaluation of a
portfolio of samples of a child's work; (4) an alternative academic assessment of the child's
proficiency as mutually agreed by thge county superintendent, parent(s) or legal guardian(s)
and the school. The assessment shall be made of students at the same grade levels and in
the same subject areas as requeired in the public schools of the state for administration of the
statewide summative assessment.
(c) Nothing in this section prohibits a private parochial, church school, school of a religious
order, or other non-public school from administering standardized achievement tests in
additional subject areas or at additional grade levels as they may choose at their sole
discretion.
(d) WEach child's testing or assessment results and the school composite results shall be made
available to the child's parents or legal guardians. Upon request, the school composite
results also shall be made available to the parents or legal guardians of a prospective
enrollee in the school. Upon request of a duly authorized representative of the West Virginia
Department of Education, the school's composite results shall be furnished to the State
Superintendent of Schools.
(e) Each school to which this article applies shall:
(1) Establish curriculum objectives, the attainment of which will enable students to develop
the potential for becoming literate citizens.
(2) Provide an instructional program that will make possible the acquisition of competencies
necessary to become a literate citizen.

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