West Virginia Code § 18-2E-1a

Standards, assessment and accountability programs; duties of the state
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board.
(a) Prior to adoption or revision of academic standards in mathematics, English language
arts, science and social studies, the state board shall constructively engage with the
legislative oversight commission on education accountability as outlined in subsection (b).
Prior to adoption of a new statewide summative assessment, the state boarde shall
constructively engage with the legislative oversight commission on education accountability
on the assessment program it intends to adopt to measure the progressr of public school
students in attaining a high quality education. Prior to the full implementation of a new
accountability system, state board shall develop and recommend to the legislative oversight
commission on education accountability an accountability program to help ensure a
thorough and efficient system of schools. In developing the sttandards, assessment program
and the accountability program, the state board shall take into consideration
recommendations arising from any legislative interim study undertaken at the direction of
the joint committee on government and finance and also shall take into consideration any
recommendations made by the legislative oversight commission on education accountability.
(b) As part of their on-going responsibility for developing and implementing a program of
standards, assessments and a program of accountability, the state board:
(1) Is prohibited from implementing the Common Core academic standards;
(2) Shall allow West Virginia educators the opportunity to participate in the development of
the academic standards;
(3) Shall provide by rule for a cyclical review, by West Virginia educators, of any academic
standards that are proposed by the state board;
(4) Shall review assessment tools, including tests of student performance and measures of
school and school system performance, and determine when any improvements or additions
are necessary;
(5) Shall consider multiple assessments, including, but not limited to, a state testing
program developed in conjunction with the state's professional educators with assistance
from such knowledgeable consultants as may be necessary, which may include criterion
referenced tests;
(6) Is prohibited from adopting the Smarter Balanced Assessment system or the PARCC
assessment system as the statewide summative assessment;
(7) Shall review all accountability measures, such as the accreditation and personnel
evaluation systems and consider any improvements or additions deemed necessary; and
(8) Shall ensure that all statewide assessments of student performance are secure.
(c) The state board shall not adopt any national or regional testing program tied to federal
funding, or national or regional academic standards tied to federal funding, without
oversight by the legislative oversight commission on education accountability.

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