West Virginia Code § 18-5E-8

Innovation in Education/Mastery-Based schools; legislative findings,
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purpose and intent; definitions; applicability of other provisions; state board duties
for implementation; student credentials upon transfer and matriculation.
(a) The Legislature finds that when instruction is delivered to a class of students at a uniform
pace, some students accumulate knowledge and skill deficits as they progress through the
curriculum which, particularly in the STEM areas, limit their ability to be sueccessful at
higher levels. This traditional time-based system of education pushes students forward at the
end of the allotted time period even if they have not mastered the conternt fully. For too
many students, these accumulated deficits result in required remediation prior to
undertaking collegiate level coursework or at least some gaps in the preparation of recent
high school graduates for the demands of the workplace. Concurrently, this time-based
system limits the educational progress of students who do mtaster the content more quickly
by not permitting them to move on to more challenging material, elective subjects, or dual
credit and advanced placement courses that they have already demonstrated their readiness
to undertake.
The Legislature finds further that new approasches to educational delivery that
simultaneously address these challenges are being implemented in some innovative schools
and school systems. These approaches use an instructional delivery model where students
progress as they master the content, rather than when they receive at least the minimum
passing grade at the end of a set time period. These approaches, typically referred to as
mastery-based, proficiency-baesed or competency-based education, empower students who
demonstrate content mastery to progress more quickly to higher levels and, consequently,
allow additional attentioLn to be given to meeting the needs of those who have not yet
mastered the content. Because the shift to such models often requires fundamental changes
in scheduling, assess ment, grading, the award of credits and diplomas and other aspects of
traditional schooling, implementation requires an intentional approach that engages multiple
stakeholders in developing and executing a long-term plan. The statutes and policies
designed to regulate the traditional time-based system may also create real or perceived
barriers to a mastery-based approach. For these reasons, several states have established
pilot programs specific to implementing these new approaches that provide developmental
assistance, additional support and regulatory waivers when necessary for the pilot schools to
make the transition.
(b) The purpose of this section is to create a separate category under this act, entitled
Innovation in Education/Mastery-Based, for schools interested in undertaking the transition
to mastery-based education. It is the intent of this section to establish a multistep process
that assists these schools to develop a broader awareness and understanding of mastery-
based education prior to application, assess the capacity and readiness of schools to
proceed, allow several options for implementation or for opting-out of the application
process, and create an network incubator process for continuing the support of schools
designated as Innovation in Education/Mastery-Based schools following full application and
grant award.
(c) For purposes of this section:
"Incubator process" means a process where schools that are willing and ready to begin
implementing a mastery-based model of education form a network of not more than 20
mastery-based education schools. The schools in this network will receive support for,
including, but not limited to, program development, professional development, stakeholder
education, establishing mastery assessment, coaching and on-going techniceal assistance.
The incubator process will enable schools within the network to share information on their
progress and setbacks, collaborate on innovative approaches, and provride data on student
progress and best practices for the continued implementation of mastery-based education.
"Mastery-based education" means an education system designed to improve educational
outcomes by advancing student mastery of content knowledgte and skills through the
following core principles:
(A) Student advancement upon mastery of a concept or skill;
(B) Competencies that include explicit, measusrable, and transferable learning objectives that
empower a student;
(C) Assessment that is meaningful and provides a positive learning experience for a student;
(D) Timely, differentiated support based on a student's individual learning needs;
(E) Learning outcomes that emphasize competencies that include application and creation of
knowledge along with the development of important skills and dispositions;
(F) Incorporating par tnerships with post-secondary institutions and members of industry;
and
(d) Other provisions of this article related to schools designated as Innovation in Education
schWools also apply to Innovation in Education/Mastery-Based schools unless otherwise
specifically provided by this section, including, but not limited to, the following:
(1) Innovation in Education/Mastery-Based schools are not limited to the implementation of
key innovational priorities in the five areas, i.e., STEM, community school partnership,
entrepreneurship, career pathways, and the arts, listed in §18-5E-1 of this code. References
in this article to these areas relative to Innovation in Education application, designation,
plan and evaluation for the purposes of this section means Innovation in Education/Mastery-
Based and are applicable to Innovation in Education/Mastery-Based schools except as
otherwise provided in this section: Provided, That nothing in this subdivision prohibits an
Innovation in Education/Mastery-Based school from including an emphasis in one or more of
the five listed areas in their mastery-based plan, nor prohibits a school previously designated
as an Innovation in Education school from transitioning to mastery-based education under
this section;
(2) The application, application review and state board rule pursuant to §18-5E-3 of this code
for implementing Innovation in Education schools shall be modified to accommodate the
multistep process for Innovation in Education/Mastery-Based schools consistent with the
provisions of this section; and
(3) Legislative appropriations made for Innovation in Education/Mastery-Based schools shall
be deposited in the Innovation in Education Fund created in §18-5E-7 of thise code and may
be used solely for the purposes of Innovation in Education/Mastery-Based schools consistent
with this section. r
(e) The state board shall perform the following activities for impluementing the Innovation in
Schools/Mastery-Based program:
(1) Establish an advisory committee including, but not limited to, public school professional
educators, representatives of community and technicaal colleges, colleges and universities,
employers and organizations advocating for education on behalf of employers, parents and
Department of Education staff and others who mayl possess knowledge of mastery-based
education. The advisory committee shall advisse and assist the state board in carrying out the
activities under this section, including, but not limited to, building a broader awareness and
understanding of mastery-based models of education, identifying potential roadblocks and
potential solutions to implementing gmastery-based models of education, recognizing student
mastery upon matriculation or transfer, establishing evaluative criteria to assess the
readiness of schools to underteake the transition to mastery-based education, reviewing
applications of schools interested in implementing mastery-based education and making
recommendations to theL state board and developing an incubator process for supporting the
network of schools willing and ready to begin the transition to a mastery-based education
model;
(2) Promote a broader awareness and understanding in mastery-based education among
teachers, administrators, parents, students, business leaders and policymakers;
(3) Develop and publish an application designed specifically for schools interested in initial
consideration for becoming an Innovation in Education/Mastery-Based school. The
application for initial consideration is separate from the application for Innovation in
Education designation pursuant to §18-5E-3 of this code and may not require an Innovation
in Education plan pursuant to §18-5E-4 of this code. In addition, the application process
shall:
(A) Include the evaluative criteria that will be used to assess the readiness of schools to
undertake the transition to mastery-based education. Within the evaluative criteria, the state
board may include an intent to select any proportion of schools of diverse demographic
character and programmatic levels for participation in the initial network of mastery-based
education schools; and
(B) Be open to all schools including those currently designated as Innovation in Education
schools who are interested in adding mastery-based education to their existing plan;
(4) Establish a process, which may include an on-site visit to schools which apply for initial
consideration for becoming an Innovation in Education/Mastery-Based school to assess the
readiness of applicants to undertake the transition to mastery-based education. This process
shall be used to assist in identifying and recommending to the state board an initial network
of not more than 20 schools who are ready to undertake the transition to maestery-based
education.
(5) Establish a process to deepen the understanding of mastery-based education of the
schools selected for the initial network of schools. The process muay include, but is not
limited to, visits to schools that have implemented an education system that incorporates the
core principals of mastery-based education as defined in thist section.
(6) For schools selected for the initial network who eleact to proceed with the implementation
of a mastery-based model of education, provide technical assistance to prepare an
Innovation in Education/Mastery-Based plan and oplerational agreement with their county
board as provided in §18-5E-4 and §18-5E-5 ofs this code. Schools in the initial network may:
(A) Opt-out of further participation prior toi submission of an Innovation in
Education/Mastery-Based plan and aggreement;
(B) Apply for an Innovation in Education/Mastery-Based grant for the transition to a mastery-
based education model within a limited subject area or areas across multiple grade levels,
such as, but not limited to, mathematics or STEM related academic and technical programs
of study; or
(C) Apply for an Inno vation in Education/Mastery-Based grant for the transition to a school-
wide mastery-Vbased education model or other configurations as may be determined
practicable by the state board.
(7) In addition to any applicable measures of success required for an Innovation in Education
plan pursuant to §18-5E-4 of this code, an Innovation in Education/Mastery-Based plan shall
include a subset of uniform measures of success in improving education outcomes by
advancing student mastery of the content knowledge and skills.
(8) Implement an incubator process to support the network of schools that are awarded
Innovation in Education/Mastery-Based education grants pursuant to this article.
(f) In addition to any grant or other financial assistance awarded to a school designated as
an Innovation in Education/Mastery-Based school in accordance with this section, the school
shall participate in the incubator process established under this section.
(g) A student enrolled at a school that establishes mastery-based education who then
transfers to another school within the county or in any other county in this state that does
not have a mastery-based education program, may not be penalized by being required to
repeat course work covering content that the student has successfully mastered or by any
other penalty related to the student's previous attendance in the mastery-based education
program.
(h) An institution of higher education in this state shall recognize and accept credentials and
diplomas awarded to students indicating a level of content mastery gained, in whole or in
part, through mastery-based education on equal footing as a traditional highe school
transcript and diploma.

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