22.1-253.13:1 - Standard 1. Instructional programs supporting the Standards of Learning and other educational objec... - Virginia Statutes

§ 22.1-253.13:1. Standard 1. Instructional programs supporting the Standardsof Learning and other educational objectives.

A. The General Assembly and the Board of Education believe that thefundamental goal of the public schools of this Commonwealth must be to enableeach student to develop the skills that are necessary for success in school,preparation for life, and reaching their full potential. The General Assemblyand the Board of Education find that the quality of education is dependentupon the provision of (i) the appropriate working environment, benefits, andsalaries necessary to ensure the availability of high-quality instructionalpersonnel; (ii) the appropriate learning environment designed to promotestudent achievement; (iii) quality instruction that enables each student tobecome a productive and educated citizen of Virginia and the United States ofAmerica; and (iv) the adequate commitment of other resources. In keeping withthis goal, the General Assembly shall provide for the support of publiceducation as set forth in Article VIII, Section 1 of the Constitution ofVirginia.

B. The Board of Education shall establish educational objectives known as theStandards of Learning, which shall form the core of Virginia's educationalprogram, and other educational objectives, which together are designed toensure the development of the skills that are necessary for success in schooland for preparation for life in the years beyond. At a minimum, the Boardshall establish Standards of Learning for English, mathematics, science, andhistory and social science. The Standards of Learning shall not be construedto be regulations as defined in § 2.2-4001.

The Board shall seek to ensure that the Standards of Learning are consistentwith a high-quality foundation educational program. The Standards of Learningshall include, but not be limited to, the basic skills of communication(listening, speaking, reading, and writing); computation and criticalreasoning including problem solving and decision making; proficiency in theuse of computers and related technology; and the skills to manage personalfinances and to make sound financial decisions.

The English Standards of Learning for reading in kindergarten through gradethree shall be based on components of effective reading instruction, toinclude, at a minimum, phonemic awareness, phonics, fluency, vocabularydevelopment, and text comprehension.

The Standards of Learning in all subject areas shall be subject to regularreview and revision to maintain rigor and to reflect a balance betweencontent knowledge and the application of knowledge in preparation foreventual employment and lifelong learning. The Board of Education shallestablish a regular schedule, in a manner it deems appropriate, for thereview, and revision as may be necessary, of the Standards of Learning in allsubject areas. Such review of each subject area shall occur at least onceevery seven years. Nothing in this section shall be construed to prohibit theBoard from conducting such review and revision on a more frequent basis.

To provide appropriate opportunity for input from the general public,teachers, and local school boards, the Board of Education shall conductpublic hearings prior to establishing revised Standards of Learning. Thirtydays prior to conducting such hearings, the Board shall give notice of thedate, time, and place of the hearings to all local school boards and anyother persons requesting to be notified of the hearings and publish notice ofits intention to revise the Standards of Learning in the Virginia Register ofRegulations. Interested parties shall be given reasonable opportunity to beheard and present information prior to final adoption of any revisions of theStandards of Learning.

In addition, the Department of Education shall make available and maintain awebsite, either separately or through an existing website utilized by theDepartment of Education, enabling public elementary, middle, and high schooleducators to submit recommendations for improvements relating to theStandards of Learning, when under review by the Board according to itsestablished schedule, and related assessments required by the Standards ofQuality pursuant to this chapter. Such website shall facilitate thesubmission of recommendations by educators.

School boards shall implement the Standards of Learning or objectivesspecifically designed for their school divisions that are equivalent to orexceed the Board's requirements. Students shall be expected to achieve theeducational objectives established by the school division at appropriate ageor grade levels. The curriculum adopted by the local school division shall bealigned to the Standards of Learning.

The Board of Education shall include in the Standards of Learning for historyand social science the study of contributions to society of diverse people.For the purposes of this subsection, "diverse" shall include considerationof disability, ethnicity, race, and gender.

With such funds as are made available for this purpose, the Board shallregularly review and revise the competencies for career and technicaleducation programs to require the full integration of English, mathematics,science, and history and social science Standards of Learning. Career andtechnical education programs shall be aligned with industry and professionalstandard certifications, where they exist.

C. Local school boards shall develop and implement a program of instructionfor grades K through 12 that is aligned to the Standards of Learning andmeets or exceeds the requirements of the Board of Education. The program ofinstruction shall emphasize reading, writing, speaking, mathematical conceptsand computations, proficiency in the use of computers and related technology,and scientific concepts and processes; essential skills and concepts ofcitizenship, including knowledge of Virginia history and world and UnitedStates history, economics, government, foreign languages, internationalcultures, health and physical education, environmental issues and geographynecessary for responsible participation in American society and in theinternational community; fine arts, which may include, but need not belimited to, music and art, and practical arts; knowledge and skills needed toqualify for further education, gainful employment, or training in a career ortechnical field; and development of the ability to apply such skills andknowledge in preparation for eventual employment and lifelong learning and toachieve economic self-sufficiency.

Local school boards shall also develop and implement programs of prevention,intervention, or remediation for students who are educationally at riskincluding, but not limited to, those who fail to achieve a passing score onany Standards of Learning assessment in grades three through eight or whofail an end-of-course test required for the award of a verified unit ofcredit. Such programs shall include components that are research-based.

Any student who achieves a passing score on one or more, but not all, of theStandards of Learning assessments for the relevant grade level in gradesthree through eight may be required to attend a remediation program.

Any student who fails to achieve a passing score on all of the Standards ofLearning assessments for the relevant grade level in grades three througheight or who fails an end-of-course test required for the award of a verifiedunit of credit shall be required to attend a remediation program or toparticipate in another form of remediation. Division superintendents shallrequire such students to take special programs of prevention, intervention,or remediation, which may include attendance in public summer schoolprograms, in accordance with clause (ii) of subsection A of § 22.1-254 and §22.1-254.01.

Remediation programs shall include, when applicable, a procedure for earlyidentification of students who are at risk of failing the Standards ofLearning assessments in grades three through eight or who fail anend-of-course test required for the award of a verified unit of credit. Suchprograms may also include summer school for all elementary and middle schoolgrades and for all high school academic courses, as defined by regulationspromulgated by the Board of Education, or other forms of remediation. Summerschool remediation programs or other forms of remediation shall be chosen bythe division superintendent to be appropriate to the academic needs of thestudent. Students who are required to attend such summer school programs orto participate in another form of remediation shall not be charged tuition bythe school division.

The requirement for remediation may, however, be satisfied by the student'sattendance in a program of prevention, intervention or remediation that hasbeen selected by his parent, in consultation with the division superintendentor his designee, and is either (i) conducted by an accredited private schoolor (ii) a special program that has been determined to be comparable to therequired public school remediation program by the division superintendent.The costs of such private school remediation program or other specialremediation program shall be borne by the student's parent.

The Board of Education shall establish standards for full funding of summerremedial programs that shall include, but not be limited to, the minimumnumber of instructional hours or the equivalent thereof required for fullfunding and an assessment system designed to evaluate program effectiveness.Based on the number of students attending and the Commonwealth's share of theper pupil instructional costs, state funds shall be provided for the fullcost of summer and other remediation programs as set forth in theappropriation act, provided such programs comply with such standards as shallbe established by the Board, pursuant to § 22.1-199.2.

D. Local school boards shall also implement the following:

1. Programs in grades K through three that emphasize developmentallyappropriate learning to enhance success.

2. Programs based on prevention, intervention, or remediation designed toincrease the number of students who earn a high school diploma and to preventstudents from dropping out of school. Such programs shall include componentsthat are research-based.

3. Career and technical education programs incorporated into the K through 12curricula that include:

a. Knowledge of careers and all types of employment opportunities including,but not limited to, apprenticeships, entrepreneurship and small businessownership, the military, and the teaching profession, and emphasize theadvantages of completing school with marketable skills;

b. Career exploration opportunities in the middle school grades; and

c. Competency-based career and technical education programs that integrateacademic outcomes, career guidance and job-seeking skills for all secondarystudents. Programs must be based upon labor market needs and studentinterest. Career guidance shall include counseling about available employmentopportunities and placement services for students exiting school. Each schoolboard shall develop and implement a plan to ensure compliance with theprovisions of this subdivision. Such plan shall be developed with the inputof area business and industry representatives and local community collegesand shall be submitted to the Superintendent of Public Instruction inaccordance with the timelines established by federal law.

4. Educational objectives in middle and high school that emphasize economiceducation and financial literacy pursuant to § 22.1-200.03.

5. Early identification of students with disabilities and enrollment of suchstudents in appropriate instructional programs consistent with state andfederal law.

6. Early identification of gifted students and enrollment of such students inappropriately differentiated instructional programs.

7. Educational alternatives for students whose needs are not met in programsprescribed elsewhere in these standards. Such students shall be counted inaverage daily membership (ADM) in accordance with the regulations of theBoard of Education.

8. Adult education programs for individuals functioning below the high schoolcompletion level. Such programs may be conducted by the school board as theprimary agency or through a collaborative arrangement between the schoolboard and other agencies.

9. A plan to make achievements for students who are educationally at risk adivisionwide priority that shall include procedures for measuring theprogress of such students.

10. A plan to notify students and their parents of the availability of dualenrollment and advanced placement classes, the International BaccalaureateProgram, and Academic Year Governor's School Programs, the qualifications forenrolling in such classes and programs, and the availability of financialassistance to low-income and needy students to take the advanced placementand International Baccalaureate examinations.

11. Identification of students with limited English proficiency andenrollment of such students in appropriate instructional programs.

12. Early identification, diagnosis, and assistance for students with readingand mathematics problems and provision of instructional strategies andreading and mathematics practices that benefit the development of reading andmathematics skills for all students.

13. Incorporation of art, music, and physical education as a part of theinstructional program at the elementary school level.

14. A program of physical fitness available to all students with a goal of atleast 150 minutes per week on average during the regular school year. Suchprogram may include any combination of (i) physical education classes, (ii)extracurricular athletics, or (iii) other programs and physical activitiesdeemed appropriate by the local school board. Each local school board shallincorporate into its local wellness policy a goal for the implementation ofsuch program during the regular school year.

15. A program of student services for grades kindergarten through 12 thatshall be designed to aid students in their educational, social, and careerdevelopment.

16. The collection and analysis of data and the use of the results toevaluate and make decisions about the instructional program.

E. From such funds as may be appropriated or otherwise received for suchpurpose, there shall be established within the Department of Education a unitto (i) conduct evaluative studies; (ii) provide the resources and technicalassistance to increase the capacity for school divisions to deliver qualityinstruction; and (iii) assist school divisions in implementing those programsand practices that will enhance pupil academic performance and improve familyand community involvement in the public schools. Such unit shall identify andanalyze effective instructional programs and practices and professionaldevelopment initiatives; evaluate the success of programs encouragingparental and family involvement; assess changes in student outcomes promptedby family involvement; and collect and disseminate among school divisionsinformation regarding effective instructional programs and practices,initiatives promoting family and community involvement, and potential fundingand support sources. Such unit may also provide resources supportingprofessional development for administrators and teachers. In providing suchinformation, resources, and other services to school divisions, the unitshall give priority to those divisions demonstrating a less than 70 percentpassing rate on the Standards of Learning assessments.

(1988, cc. 645, 682; 1990, cc. 797, 820, 839; 1991, cc. 295, 304; 1992, cc.132, 591; 1994, cc. 618, 790; 1996, cc. 163, 522; 1997, cc. 466, 828, 829;1998, cc. 103, 602, 627, 800, 816, 902; 1999, cc. 377, 444, 445, 452, 461,488, 552, 595, 994; 2000, cc. 504, 547, 653, 662, 677, 684, 710, 750, 867;2001, c. 483; 2002, c. 837; 2003, cc. 690, 697, 714, 861; 2004, cc. 404, 848,939, 955; 2005, cc. 331, 450; 2007, c. 234; 2008, c. 661; 2009, c. 802.)