West Virginia Code § 18-8-6

The High School Graduation Improvement Act
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(a) This section is known and may be cited as "The High School Graduation Improvement
Act."
(b) The Legislature makes the following findings:
(1) West Virginia has a dire need to implement a comprehensive approach to addressing the
high school drop-out crisis, and to develop policies and strategies that successfully assist at-
risk students to stay in school, earn a high school diploma, and ultimately become
productively contributing members of society; u
(2) The current demands for a highly skilled workforce require a high school diploma at the
very minimum;
(3) The state has several dynamic programs that are capable of actively engaging students in
learning, providing students with a sense of relevanlcy in academics, and motivating students
to succeed in school and ultimately earn a high school diploma;
(4) Raising the compulsory school attendance age alone will neither increase the graduation
rate nor decrease the drop-out rate. It is imperative that the state shift the focus from
merely compelling students to attend school to instead providing vibrant and engaging
programs that allow students to recognize the value of a high school diploma or workforce
credential and inspire students to graduate from high school, especially those students who
are at risk of dropping out of school;
(5) Investing financially in this focus shift will result in the need for fewer resources to be
committed to enforci ng compulsory attendance laws and fewer incidents of disruptive
student behavVior;
(6) Absenteeism is proven to be the highest predictor of course failure. Truant students face
low self-confidence in their ability to succeed in school because their absences cause them to
fall behind their classmates, and the students find dropping out easier than catching up;
(7) There is a strong relationship between truancy and dropping out of high school. Frequent
absences are one of the most common indicators that a student is disengaging from the
learning process and likely to drop out of school early. Intervention after fewer absences is
likely to have a positive impact on a student's persistence to graduation;
(8) Students cite many reasons for dropping out of school, some of which include engaging
in drug culture, lack of positive influence, role model or parental involvement, absence of
boundaries and direction, lack of a positive home environment, peer pressure, and poor
community expectations;
(9) Dropping out of school has a profound negative impact on an individual's future,
resulting in limited job choices, substantially lower wages and less earned over a life-time
than high school graduates, and a greater likelihood of depending on public assistance and
engaging in criminal activity;
(10) Career-technical education is a dynamic system in West Virginia which offers numerous
concentrations that provide students with industry-recognized credentials, while also
preparing them for post-secondary education;
(11) All career-technical education students in the state have an opportunity to earn free
college credit through the Earn a Degree-Graduate Early (EDGE) program;
(12) The current high school graduation rate for secondary careeur-technical education
completers is significantly higher than the state graduation rate;
(13) Students involved in career-technical education learn a marketable skill, are likely to
find jobs, and become prepared for post-secondary eduacation;
(14) A significant number of students who could belnefit from participating in a career-
technical program are denied access due to a number of factors, such as dropping out of
high school prior to enrolling in career-technical education, requirements that students
repeat academic courses that they have faiiled, and scheduling conflicts with the high
schools;
(15) There has been a dramatic change over the years from vocational education, which was
very basic and lacked high level skills, to the career-technical programs of today which are
computer based, require national tests and certification, and often result in jobs with high
salaries;
(16) West Virginia's e mployers and technical education job placement rates show that the
state needs grVaduates with technical skills to compete in the current and future job markets;
(17) The job placement rate for students graduating from career-technical programs
statewide is greater than ninety-five percent;
(18) Among the reasons students cite for dropping out of school are feelings of hopelessness
when they have failed classes and can not recover credits in order to graduate;
(19) The state offers full-day programs consisting of credit recovery, hands on experiences in
career-technical programs and basic education, which are valuable resources for re-
engaging students who have dropped out of school, or have a potential for or are at risk of
dropping out;
(20) A student is significantly more likely to graduate from high school if he or she completes
four units of training in technical education;
(21) Learning is increased and retained at a higher level if the content is taught through a
relevant and applied experience, and students who are able to experience academics
through real life projects have a higher probability of mastering the appropriate concepts;
(22) Programs such as "GED Option" and "Techademics" are valuable resources for
providing relevant and applied experience for students;
(23) The Techademics programs administered by the department of education has embedded
math competencies in career-technical program curricula whereby students simultaneously
earn credit for mastery of math competencies and career-technical courses;
(24) Students would greatly benefit if West Virginia were designated as a "GED Option"
state. Currently a student is ineligible to take the General Educautional Development (GED)
exam if he or she is enrolled in school, which requires the student to drop out of high school
in order to participate in a GED preparation program or take the exam, even if the student
desires to remain enrolled;
(25) A GED Option state designation by the American Council on Education would allow
students in this state to remain enrolled in school alnd continue acquiring academic and
career-technical credits while pursuing a GEDs diploma. The GED Option would be blended
with the West Virginia virtual schools or a career-technical education pathway. Upon
completion, rather than being a dropout, tihe student would have a GED diploma and a
certification in the chosen career-tegchnical or virtual school pathway;
(26) The Mountaineer Challenge Academy is a positive option for students at risk of
dropping out of school, as it provides students with structure, stability, and a focus on
positive change, all in an environment where negative influences and distractions can be left
behind;
(27) Students attend ing the Mountaineer Challenge Academy would greatly benefit if the
GED Option wVere implemented at the Academy;
(28) The Health Sciences and Technology Academy (HSTA) program prepares rural, minority
and economically disadvantaged students for college and careers in the health sciences, and
demonstrates tremendous success in its high percentage of students who graduate from
high school and participate in post-secondary education.
(29) The West Virginia GEAR UP (Gaining Early Awareness and Readiness for
Undergraduate Programs) program is aimed at increasing the academic performance and
rigorous preparation of students, increasing the number of high-poverty, at-risk students
who are prepared to enter and succeed in post-secondary education, and increasing the high
school graduation rate;
(30) The GEAR UP program successfully aids students in planning, applying and paying for
education and training beyond high school;
(31) Each dropout involved in drugs or crime or dependent on public assistance creates a
huge fiscal burden on society;
(32) The intense treatment and individual monitoring provided through the state's juvenile
drug courts have proven to be highly effective in treating drug addictions, and rehabilitating
drug-addicted youth and improving their educational outcomes;
(33) Services provided by juvenile drug courts include substance abuse treatment,
intervention, assessment, juvenile and family counseling, heavy supervision by probation
officers including school-based probation officers who provide early intervenetion and
diversion services, and addressing some of the underlying reasons why students are not
successful in school; r
(34) School participation and attendance are required for studenuts participating in juvenile
drug courts, and along with academic progress are closely monitored by the courts;
(35) Juvenile drug courts are an important strategy to improve substance abuse treatment
outcomes, and serve to save the state significant cost oan incarceration of the juveniles, along
with the future costs to society of individuals who remain substance abusers;
(36) Juvenile drug courts produce greater cosst benefits than other strategies that address
criminal activity related to substance abuse and addiction that bring individuals into the
criminal justice system; i
(37) Funding for the increased number of students enrolled in school during the 2010-2011
school year due to the compulsory school attendance age increase established by this act
will not be reflected in the state aid formula allocation until the 2011-2012 school year,
which will require additional funds to be provided to county boards for the 2010-2011 school
year to accommodate the increased enrollment;
(38) The state will be nefit both fiscally and through improved quality of life if scarce state
resources areV targeted toward programs that result in providing a competitive advantage as
adults for those students who are at risk of dropping out of school;
(39) Funds invested toward education and ensuring that students complete high school pay
tremendous dividends through the moneys saved on incarceration, unemployment and
underemployment as those students reach adulthood;
(40) Increasing the compulsory school attendance age will have little effect in aiding
students to complete high school if additional resources, both fiscal and programmatic, are
not dedicated to supporting student achievement, providing real-life relevancy in curriculum,
and engaging students in learning, particularly for those students who have become so
disengaged from school and learning that they are at risk of dropping out of school; and
(41) Schools cannot solve the dropout problem alone. Research shows when educators,
parents, elected officials, business leaders, faith-based leaders, human service personnel,
judicial personnel and civic leaders collectively work together they are often able to find
innovative solutions to address school and community problems. (c) The Legislature intends
as follows:
(1) The state will continue to explore diverse instructional delivery strategies to
accommodate various learning styles and will focus on a state-wide dropout intervention and
prevention program to provide support for students having academic difficulty;
(2) A general credit recovery program shall be implemented statewide, including delivery
through West Virginia virtual schools;
(3) The state board will continue to improve the way career-technical education is offered,
including expansion of the Techademics program; u
(4) Up to five additional juvenile drug courts shall be established by January 1, 2012;
(5) The state will invest additional state funds and othear resources in strategies and
programs that engage disconnected and discouraged students in a positive learning
environment as a critical first step to ensuring thatl students persist and graduate;
(6) County boards will develop plans to demonstrate how they will use available funds to
implement the intent of this section; and
(7) The state board shall develop a statewide system in electronic format that will provide
schools with easily identifiable early warning indicators of students at risk of not graduating
from high school. The system shall be delivered through the uniform integrated regional
computer information system (commonly known as the West Virginia Education Information
System) and shall at a minimum incorporate data on the attendance, academic performance
and disciplinary infractions of individual students. The state board shall require
implementation of th e system in Local Solution Dropout Prevention and Recovery Innovation
Zones along wVith a plan of interventions to increase the number of students earning a high
school diploma, and may utilize the zones as a pilot test of the system.
(d) Each county board shall include in its alternative education program plan required by
section six, article two, of this chapter a plan to improve student retention and increase the
graduation rate in the county. The plan is subject to approval of the state board, and shall
include strategies the county board will implement to achieve the following goals:
(1) Increasing the graduation rate for the county;
(2) Identifying at the earliest age possible those students who are at risk of dropping out of
school prior to graduation; and
(3) Providing additional options for delivering to at-risk students academic credentials and
career-technical training if appropriate or desired by the student. The options may include
such programs as Techademics, Earn a Degree-Graduate Early (EDGE), Health Sciences and
Technology Academy (HSTA), Gaining Early Awareness and Readiness for Undergraduate
Programs (GEAR UP), truancy diversion, early intervention, dropout prevention, prevention
resource officers, GED option, credit recovery, alternative learning environments, or any
other program or strategy approved by the state board.
(e) As soon as is practicable the state superintendent or his or her designee shall pursue
designation of West Virginia as a "GED Option" state by the American Council on Education.
If so designated, the state board shall:
(1) Develop and implement a program whereby a student may pursue a GED diploma while
remaining enrolled in high school; and
(2) Ensure that the GED Option is offered to students attending tuhe Mountaineer Challenge
Academy.
(f) The state board shall continue to expand:
(1) The Techademics program to include each major academic subject and increase the
academic credit available through the program to sltudents; and
(2) The Health Sciences and Technology Academy to ensure that the program is available for
any school containing any of the grade levels of eligible students.
(g) The state board shall ensure that the dropout information required by section twenty-
four, article one-b, chapter fifteen of this code is provided annually to the Mountaineer
Challenge Academy.
(h) Some career and tecLhnical education programs only accept students in certain upper
high school grade levels due to lack of capacity to accept the students in the lower high
school grade levels. T his can be detrimental to efforts to keep students identified as at risk
of dropping out of school prior to graduation in school. Therefore, those career and technical
education programs that limit enrollment to students in certain upper high school grade
levels may make exceptions for those at risk students and enroll any of those at risk students
who are in grades nine and above.

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