W. Va. Code R. § 126-14-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-14-4 - Program Regulations

4.1. To meet state and federal requirements, all public school students enrolled in grades 3-8 and 11 shall be assessed using the appropriate state-administered summative assessment, either general or alternate, at the grade level in which they are enrolled in the spring of each year.

4.1.a. The WVGSA assesses the content areas of ELA and mathematics in grades 3-8 and science in grades 5 and 8.

4.1.b. The West Virginia college- and career-readiness assessment assesses the content areas of ELA, mathematics, and science in grade 11.

4.1.c. The WVASA assesses the content areas of ELA and mathematics in grades 3-8 and 11 and science in grades 5, 8, and 11.

4.1.c.1. ESSA requires that for each assessed subject, the total number of students participating in the alternate assessment does not exceed one percent of the total number of all students in the state who are assessed in a given subject. ESSA has placed a one-percent participation rate cap at the state level only. This cap is not applicable at the county or school level.

4.2. All EL students shall participate in the appropriate state-administered summative assessments in the grade level in which they are enrolled. The EL Committee will determine the language supports, if any, using the appropriate EL Assessment Participation Form, located in the Participation Guidelines.

4.2.a. All EL students eligible to participate in the ELP Assessment or the Alternate ELP Assessment shall do so with accommodations as determined by their respective EL Committees, IEP Teams, or Section 504 Committees. The documentation procedure for ensuring accommodations are provided on the ELP Assessment is outlined in the Participation Guidelines.

4.2.b. When an EL student is also identified as a student with a disability under Policy 2419, the IEP Team, which should include an English language specialist, will determine the appropriate assessment and accommodations. The IEP will address the specific accommodations relevant to the identified disabilities in the IEP. The EL Assessment Participation Form will address language supports relevant to the EL status of a student.

4.2.c. When an EL student is also identified as a student with a disability under Section 504, the Section 504 Committee, which should include an English language specialist, will determine the student's appropriate accommodations. The Section 504 Plan will address the specific accommodations relevant to the identified disabilities in the Section 504 Plan. The EL Assessment Participation Form will address language supports relevant to the EL status of a student.

4.2.d. Former EL students' scores on the WVGSA, West Virginia college- and career-readiness assessment, or WVASA will be included in the EL subgroup for two years after these students have attained English proficiency.

4.3. All public school students with disabilities who are eligible for services as defined in Policy 2419 shall participate in the WVGSA, the West Virginia college- and career-readiness assessment, or the WVASA at the grade level in which they are enrolled with appropriate accommodations as determined by their IEP Team. The process for ensuring IEP accommodations is provided in the Participation Guidelines.

4.3.a. All public school students with the most significant cognitive disabilities and who meet the criteria for participation in the WVASA as determined by their IEP Teams shall participate in the WVASA.

4.3.b. All public school students with disabilities as defined by Section 504 shall participate in the WVGSA or the West Virginia college- and career-readiness assessment in the grade level in which they are enrolled. Appropriate accommodations, if any, must be determined by the student's Section 504 Committee and documented in the student's Section 504 Plan and incorporated into WVEIS.

4.3.c. All public school eligible students with disabilities under Policy 2419 whose IEP placement is special education: out-of-school environment are to be assessed at the schools in which the students are enrolled or an alternate testing site approved by the county test coordinator. All participating educators and students shall be required to follow all testing guidelines and security procedures set forth in this policy.

4.4. All public school students enrolled in grades 4, 8, and 12 who are part of the NAEP state sample shall participate in the NAEP, a component of the WV-MAP. Principals or their designee shall complete the required school questionnaires. Teachers of the sampled students shall complete the teacher questionnaire for the assessed target. The participants of this test will be determined by a random sample at the national level. All students on the school roster shall be given the opportunity for selection. Students participating in the WVASA and students with IEPs, Section 504 Plans, or EL Plans whose accommodations are not allowed by NAEP may be excluded from participation or assessed and not scored after having been randomly selected. Any student being considered for exclusion should be reported to the WVDE.

4.5. All public school students enrolled in the grade sample selected to participate in an international assessment shall participate in the assessment. Principals or their designee shall complete the required school questionnaires. Teachers sampled shall complete the teacher questionnaire. The participants of this test will be determined by a random sample at the national level. All students on the school roster shall be given the opportunity for selection. Students participating in the WVASA and students with IEPs, Section 504 Plans, or EL Plans who cannot be accommodated may be excluded.

4.6. All homebound public school students are to be assessed at the schools in which the students are enrolled or at alternate testing sites meeting requirements in test administration manuals and approved by the county test coordinators. All participating educators and students shall be required to follow all testing guidelines and security procedures set forth in this policy.

4.7. All public school students enrolled in alternative education programs shall participate in the WV-MAP. The test scores for these students shall be counted in the results of the referral school (Policy 4373).

4.8. Pursuant to W. Va. Code § 18-5G-3(c)(6), charter public schools shall administer the same student assessments required of non-charter public schools, including the NAEP if sampled, using the same protocols as non-charter public schools (Policy 3300, section 4.6.b and section 10.2.d). All requirements specified for non-charter public schools and/or non-charter public school students also apply to charter public schools and charter public school students.

4.8.a. Charter public school students will be tested in person at their school or at an off-site location approved by the WVDE.

4.8.b. The charter school application seeking to establish a virtual charter public school must include the process for administering WV-MAP assessments, including, but not limited to, the physical facility to be used for testing (Policy 3300, section 4.5.b).

4.9. Public school students participating in virtual learning through either the WVVS or county virtual instruction must participate in WV-MAP assessments in person at their school of record or at an appropriate location to be determined by the county. The test scores for these students shall be aggregated in the results of the school and county where the students are enrolled.

4.10. Home school students may participate in the state-administered summative assessments under standard conditions administered in the public schools of the county in which they reside.

4.10.a. Each academic year, the county shall notify home school students in their county of the opportunity to participate in state-administered summative assessments. Students in grades 3-8 may participate in the WVGSA and students in grade 11 may participate in the West Virginia college- and career-readiness assessment provided that the home instructor notifies the county test coordinator of the intention to participate by a date to be determined by the WVDE.

4.10.b. Home school students will be assigned:

1) a location for testing with an approved educator who has completed the required training as an examiner/scribe and signed the Examiner's/Scribe's Secure Materials and Test Procedures Agreement (Appendix F), and

2) test dates by the county test coordinator during the county's testing window.

4.10.c. All home school educators and home school students participating in the assessments of the WV-MAP shall be required to follow all testing guidelines and procedures set forth in this policy. Violations of this policy shall result in the loss of testing privileges. Home school students who choose to participate in state assessments are not included in accountability measures.

4.10.d. Home school students who are enrolled part-time in public schools are considered home school students for assessment and accountability.

4.11. All nonpublic school students may participate in the state-administered summative assessments.

4.11.a. Each academic year, the nonpublic school administrator must submit a Participation Form and a Verification of Certification Form to the WVDE and to the county test coordinator in the county where the nonpublic school is located by a date to be determined by the WVDE.

4.11.b. Nonpublic schools that choose not to participate in state-administered summative assessments after submitting the Participation Form must notify both the WVDE and the county test coordinator in the county where the nonpublic school is located by a date to be determined by the WVDE that they no longer intend to participate. Nonpublic schools that fail to provide notification are not eligible to participate in state-administered summative assessments for one year.

4.11.c. For the WVGSA, the county test coordinator, not the nonpublic school, will receive all testing material and release the testing materials to the nonpublic principal/assigned school test coordinator upon completion of the required training and receipt of the annually signed Principal and/or School Test Coordinator Secure Materials and Test Procedures Agreement (Appendix D or Appendix E).

4.11.d. For the West Virginia college- and career-readiness assessment, the nonpublic school will receive all testing materials, but the nonpublic principal/assigned school test coordinator must complete all required training and sign the Principal and/or School Test Coordinator Secure Materials and Test Procedures Agreement (Appendix D or Appendix E) before receiving materials.

4.11.e. All nonpublic educators and nonpublic school students participating in the assessments of the WV-MAP shall be required to follow all testing guidelines and procedures outlined in this policy.

4.11.f. All nonpublic educators who have access to secure test materials must be trained annually. The county test coordinator, in conjunction with the principal/school test coordinator at the participating nonpublic school, will determine training dates.

4.11.g. Violations of this policy shall result in the loss of testing privileges.

4.11.h. Nonpublic students who participate in state assessments are not included in accountability measures.

4.12. Each county shall establish a process to analyze the assessment results; evaluate student, school, and county assessment performance; and use the data to increase student learning and improve school achievement.

W. Va. Code R. § 126-14-4