Bill Text: WV HB2149 | 2023 | Regular Session | Introduced
Bill Title: Establishing the Katherine Johnson Academy
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-11 - To House Education [HB2149 Detail]
Download: West_Virginia-2023-HB2149-Introduced.html
FISCAL NOTE
2023 regular session
FISCAL NOTE
House Bill 2149
By Delegate Hanna
[Introduced January 11, 2023; Referred to the Committee on Education then Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4, §18-2L-5, §18-2L-6, §18-2L-7, §18-2L-8, §18-2L-9, §18-2L-10, §18-2L-11, and §18-2L-12; and to amend said code by adding thereto a new article, designated §18C-10-1, §18C-10-2, §18C-10-3, §18C-10-4, and §18C-10-5, all relating generally to the establishment of the Katherine Johnson Academy as magnet school programs at colleges and universities in West Virginia; defining terms; creating a board of trustees to govern the Katherine Johnson Academy; providing for membership of the board of trustees, the selection of a chair, terms of the trustees, duties and responsibilities, setting of meetings, and establishing trustees to serve without compensation; authorizing the board of trustees to perform certain duties; providing for the appointment of a president; providing for collaboration agreements for the establishment of magnet school programs; providing for restrictions on the amount that may be charged for tuition, fees, room, board, and books; authorizing the establishment of residential programs and commuter programs at colleges and universities; establishing the Academy of Mathematics and Science and the Academy for the Performing Arts; requiring the board of trustees to select certain host institutions pursuant to a competitive bidding process; establishing certain minimum eligibility requirements for students; authorizing a host institution to determine admission and enrollment; requiring students accepted and admitted into a magnet school program to receive the PROMISE scholarship; providing for students to receive a scholarship from the Katherine Johnson Scholarship Fund; providing that no county board or college or university will be required to participate in this program; requiring the Katherine Johnson Academy, the State Board of Education, and the Higher Education Policy Commission to promulgate a joint rule for the administration of the Katherine Johnson Academy; establishing the Katherine Johnson Scholarship Fund; providing for state and county support for the Katherine Johnson Scholarship Fund based upon per-pupil allocations; defining terms; and providing for rulemaking.
Be it enacted by the Legislature of West Virginia:
CHAPTER 18. EDUCATION.
ARTICLE 2L. KATHERINE JOHNSON ACADEMY.
§18-2L-1. Katherine Johnson Academy established.
There is hereby established the Katherine Johnson Academy in recognition of one of West Virginia’s most outstanding and distinguished citizens whose contributions as a pioneer in the advancement of science, mathematics, and space travel have been recognized through numerous honors including the nation’s highest civilian award, the Presidential Medal of Freedom.
§18-2L-2. Legislative findings; purpose; intent.
The Legislature hereby finds and declares that:
(1) A student’s time engaged in learning is maximized when the student is allowed to progress and acquire competency at a pace that challenges his or her own interest and intellect.
(2) Post-secondary option programs, such as magnet or STEM schools, allow students to take college courses for which they can receive both college credit and credit toward their high school diploma and that such programs provide high-achieving students the opportunity to advance, academically, at a pace commensurate with their abilities and ambition.
(3) Currently, there are over 4,000 magnet schools in the United States serving over 3.5 million students. Each day, these students are gaining a competitive advantage over students in West Virginia who have little or no access to such programs.
(4) Post-secondary option programs, such as magnet schools, can provide the families of high-achieving secondary school students the opportunity to save thousands of dollars in future college costs.
(5) In 2017, more than 52,000 Ohio students, including 15 percent of all high school juniors and seniors, earned college credit through the state’s post-secondary option program, saving their families more than $120 million in future college costs.
(6) The purpose of the establishment of the Katherine Johnson Academy is to provide high-achieving high school students in West Virginia the opportunity to engage in an accelerated and exceptionally challenging academic experience in their senior year through the establishment of magnet school programs at four-year colleges and universities throughout West Virginia.
(7) It is the Legislature’s intent that the academy’s magnet school programs established under this article be both specialized and generalized and be both resident- and commuter-based in order to provide students and parents with greater choice and colleges and universities greater flexibility in establishing the programs they host.
(8) The creation of the Katherine Johnson Academy is not intended to limit or reduce other dual enrollment classes or programs that are currently being offered in the state.
§18-2L-3. Definitions.
The following words used in this chapter and in any proceedings pursuant thereto have the meanings ascribed to them unless the context clearly indicates a different meaning:
"Academy" means the Katherine Johnson Academy created under this article.
"Academy board" means the Board of Trustees of the Katherine Johnson Academy.
"Academy program" means a magnet school program offered by the academy and hosted by a college or university pursuant to a collaboration agreement.
"Books" means both printed and electronic books required for a course;
"Chancellor" means the Chancellor of Higher Education for the State of West Virginia.
"Collaboration agreement" means an agreement by and among the academy board, state board, the commission, a college or university’s governing board, and a county board, where necessary, that sets forth the terms and conditions by which a college or university will host an academy program.
"College or university" means both public and private four-year colleges and universities that maintain a physical campus with residential facilities for students.
"Commission" means the Higher Education Policy Commission of West Virginia.
"County board" means the county board of education.
"County per-pupil allocation" means the per-pupil state aid allocation provided under the state aid formula for the county in which the student is enrolled in a secondary school.
"Generalized program" means a curriculum that offers a broad base of courses.
"Host institution" means a college or university in West Virginia that operates an academy program pursuant to a collaboration agreement.
"Local secondary school" means a public, private, or parochial school consisting, at least, of grades 10 through 12 in a county in which a student resides or a home school where a student has achieved a grade equivalency of grade 10, 11, or 12.
"Magnet school" means a public school with a rigorous and challenging curriculum that greatly exceeds the state’s minimum requirements and is intended to attract high-achieving students from across the boundaries of traditional school districts. The curriculum for a magnet school program may be specialized, such as a STEM school, or generalized.
"President" means the President of the Katherine Johnson Academy.
"Public school student" means any student currently enrolled in a public school including a residential academy program.
"Specialized program" means a curriculum that provides a focus on a particular area of academic interest.
"State" means the State of West Virginia.
"Standard rate" means the amount per credit hour assessed by a college or university for an in-state student who is enrolled as an undergraduate student at that college, but who is not participating in any program established under this article.
"State aid formula" means the state’s Public School Support Program established under §18-9A-1 et seq. of this code.
"State board" means the West Virginia Board of Education.
"State per-pupil allocation" means the average per-pupil state aid allocation for all pupils in the state under the state aid formula.
"Trustee" means a member of the Board of Trustees of the Katherine Johnson Academy.
§18-2L-4. Board of Trustees.
(a) A board of trustees shall serve as the governing board and policy-making authority for the academy.
(b) Membership. – The board of trustees shall consist of five voting trustees appointed by the Governor with the advice and consent of the Senate. At least one trustee shall reside in each of the state’s congressional districts.
(1) Two of the five trustees of the initial academy board shall be appointed for two-year terms beginning July 1, 2023, and expiring June 30, 2025.
(2) Three of the five trustees of the initial academy board shall be appointed to four-year terms beginning July 1, 2023, and expiring June 30, 2027.
(3) Upon expiration of the terms of the trustees to the initial academy board, all trustees shall be appointed to four-year terms to commence on July 1 and end on June 30 of the fourth year.
(4) No trustee shall be appointed to serve more than two consecutive terms.
(5) The State Superintendent and the Chancellor of Higher Education shall serve as nonvoting ex-officio trustees of the academy board.
(c) Chair. – The academy board shall elect a trustee from among the voting trustees to serve as chair for a term of two years. No trustee may be elected chair for more than two consecutive terms.
(d) Powers. – The academy board shall be authorized to:
(1) Serve as a bridge between the state board and higher education by encouraging and facilitating the creation of academy programs on the campuses of colleges and universities throughout West Virginia;
(2) Establish standards of performance and accountability for the academy programs;
(3) Provide the Governor, the Legislature, the state board, the commission, participating colleges and universities, and the public with annual reports on the academic and financial performance of the academy programs based on established standards: Provided, That the reports shall not violate any federal or state law as it relates to student confidentiality;
(4) Approve any contracts or other agreements required by law or necessary to fulfill the purposes of this article;
(5) Promulgate rules for the governance of the academy; and
(6) Perform all other necessary duties and responsibilities required by law or inherent to such a governing board.
(e) Meetings. – The academy board shall meet quarterly on a date and at a time and place determined by the chair. The chair, or three of the five trustees, shall be authorized to call a special meeting upon 14 days’ written notice to all trustees and the academy’s president.
(f) Quorum. – A quorum for the transaction of business is constituted by the attendance of three or more voting trustees either in person or by electronic means approved by the academy board. All official actions of the academy board shall require a majority vote of those voting trustees present and voting.
(g) Compensation. – Trustees shall serve without compensation: Provided, That they may be compensated for all reasonable travel and other expenses associated with the performance of their duties.
§18-2L-5. Academy president.
The Governor shall select the president of the academy who shall serve as its chief executive officer pursuant to the terms and conditions of a contract for such services: Provided, That the contract period for such services shall not extend beyond a period of five years.
§18-2L-6. Collaboration agreements; restrictions.
(a) The rules, procedures, and policies of each host institution shall govern the operation of each academy program subject to a collaboration agreement that shall be entered into by and among:
(1) The academy board, the state board, the chancellor, and the governing board of the host institution for residential academy programs; and
(2) The academy board, the state board, the chancellor, the governing board of the host institution, and the county board for each secondary school in which a student is enrolled for commuter-based academy programs.
(b) All collaboration agreements shall be subject by law to the following restrictions:
(1) The total charges for tuition, fees, room, board, and books for academy students shall not exceed the standard rate charged to full-time, in-state students attending the host institution;
(2) The annual charges for tuition, fees, and books for any individual nonresidential student enrolled in the academy shall not exceed the total amount of the PROMISE scholarship; and
(3) The annual charges for room and board for any residential student enrolled in the academy shall not exceed the amount charged to full-time, in-state students attending the host institution and any residential academy student shall not be personally responsible for room and board costs in excess of $500 per semester.
§18-2L-7. Establishment of residential and commuter-based programs.
The academy is authorized to establish both residential and commuter-based programs. For the purposes of this article:
"Commuter program" is defined as:
(A) A program that attracts high school senior students from an area within reasonable proximity to the campus, thus commuting to and from the host institution for instruction;
(B) Students are enrolled in both a local secondary school and the host institution;
(C) Students receive both college credit and credit towards their high school diploma for courses successfully completed; and
(D) Students who satisfy their secondary school requirements receive their high school diploma from his or her high school and from the Academy.
"Residential program" is defined as:
(A) An academy program that attracts high school senior students from throughout the state, thus requiring students to live on campus: Provided, That the host institution may waive such requirement for students who live within a reasonable distance from the campus and are capable of traveling to and from the campus;
(B) Students are enrolled in both the academy, as a diploma-granting public school, and the host institution;
(C) Students receive both college credit and credit toward their high school diploma for courses successfully completed; and
(D) Students who satisfy their secondary school requirements receive their high school diploma from his or her high school and from the Academy.
(E) Residential and Commuter students may still participate in all high school activities, including classes and sports: Provided, That the student will be responsible for providing transportation between the Academy institution and the student’s high school.
§18-2L-8. Academy of Mathematics and Science and Academy for the Performing Arts established; determination of host institution.
The Academy of Mathematics and Science and the Academy for the Performing Arts are hereby established as specialized, residential academy programs.
The academy board shall determine the host institutions for the Academy of Mathematics and Science and the Academy for the Performing Arts through a competitive bidding process. The academy board is authorized to develop the criteria to be considered and the process by which the host institutions shall be selected. Such information shall be made available in a timely manner to all colleges and universities in West Virginia.
§18-2L-9. Minimum eligibility requirements.
(a) In order to be eligible for admission and enrollment in an academy program, a student must meet the minimum eligibility requirements for the PROMISE scholarship set forth in §18C-7-6(c) of this code except for the requirements set forth in §18C-7-6(c)(1) (relating to high school graduation) and §18C-7-5(a)(4) of this code.
(b) In addition, in order to be eligible for admission and enrollment in an academy program, a student must be entering into his or her 12th grade year and have completed the following core course requirements for secondary school students: three required core classes in English, mathematics, and social science, and two required core classes in science.
(c) Students enrolled in a required core class necessary to meet the requirements set forth in this section at the time of his or her application shall not be prohibited from applying for admission to an academy program but must meet such requirements prior to admission.
(d) Nothing in this section shall limit a collaboration agreement from requiring higher standards for admission to an academy program.
§18-2L-10. Admission and enrollment.
The host institution shall determine the admission and enrollment of students in an academy program subject to the terms and conditions of the collaboration agreement and their own internal admissions policies.
§18-2L-11. Financial matters; participation not required.
(a) Notwithstanding any eligibility requirement to the contrary, any student accepted and admitted into any academy program created pursuant to this article shall be awarded a PROMISE scholarship as established under §18C-7-1 et seq. of this code for the payment of the student’s tuition, fees, and books.
(b) In the event the PROMISE scholarship awarded does not provide sufficient funding to pay for a commuter student’s tuition, fees, and books, as determined pursuant to a collaboration agreement, any public school student accepted and admitted in any academy program as a commuter student shall not be personally responsible for any additional expense and that expense shall be either waived by the institution or may be funded by other private scholarships that may be obtained via a collaborative effort by the institution and the student: Provided, That the institution may not require the student to unilaterally obtain other scholarship assistance as a condition of acceptance into any academy program.
(c) In the event the PROMISE scholarship awarded does not provide sufficient funding to pay for a residential student’s tuition, fees, books, room and board as determined pursuant to a collaboration agreement, any institution accepting and admitting a public school student in any academy program as a residential student may request funding from the Katherine Johnson Scholarship Fund and the Katherine Johnson Scholarship Fund shall provide funding as available to cover those costs. The institution may charge any remaining cost not covered by the PROMISE scholarship or the Katherine Johnson Scholarship Fund to:
(1) The student, not in excess of $500 per semester;
(2) Private scholarships that may be obtained via a collaborative effort by the institution and the student: Provided, That the institution may not require the student to unilaterally obtain other scholarship assistance as a condition of acceptance into any academy program;
(3) The institution may waive or self-fund any remaining amount.
(d) No county board or college or university in West Virginia shall be required to participate in any academy programs established under this article.
§18-2L-12. Joint rule required.
In order to promote the fulfillment of the intent, purposes, and spirit of the Katherine Johnson Academy, the academy board, the state board, and the commission shall promulgate a joint legislative rule in accordance with §29A-3-1 et seq., §29A-3A-1 et seq., and §29A-3B-1 et seq. of this code that provides for, but is not limited to, the appropriate waiver of policies by the state board and the commission; the establishment and delivery of the courses and programs under this article; the qualifications for teachers and other faculty to provide instruction; criteria for determining equivalencies to the minimum standards set forth herein for any student homeschooled under exemptions provided in §18-8-1(b) and §18-8-1(k) of this code; requirements for the content of any collaboration agreement; the establishment of performance measures for purposes of accreditation; and any other rule that may provide additional guidance in administering the academy.
chapter 18c. student loans; scholarships and state aid.
ARTICLE 10. tHE KATHERINE JOHNSON SCHOLARSHIP FUND.
§18C-10-1. Katherine Johnson Scholarship Fund established.
There is hereby established the Katherine Johnson Scholarship Fund, which shall be administered by the Board of Trustees of the Katherine Johnson Academy (hereinafter referred to as the "academy board") established under §18-2L-1 et seq. of this code.
§18C-10-2. Purpose.
The purpose of the Katherine Johnson Scholarship Fund is to receive, hold, invest, and expend both public and private moneys for the purposes of providing scholarships for students attending the Katherine Johnson Academy pursuant to §18-2L-11(b) of this code.
§18C-10-3. Definitions.
Words used in this article shall be the same as defined in §18-2L-3 of this code.
§18C-10-4. Powers of the academy board.
In addition to the powers granted by any other provision of this code, the academy board has the powers necessary or convenient to carry out the purposes and provisions of this article including, but not limited to, the following express powers:
(1) To propose legislative rules in accordance with the provisions of §29A-3A-1 et seq. of this code to effectuate the purposes of this article;
(2) To invest any of the funds received under this article with the West Virginia Investment Management Board in accordance with the provisions of §12-6-1 et seq. of this code;
(3) To execute contracts and other necessary instruments;
(4) To contract for necessary goods and services, to employ necessary personnel, and to engage the services of private persons for the administrative and technical assistance in carrying out the responsibilities of this program;
(5) To solicit and accept gifts, including bequests or other testamentary gifts made by will, trust, or other disposition, grants, loans, and other aid from any source and to participate in any federal, state, or local government programs in carrying out the purpose of this article; and
(6) To establish other policies, procedures, and criteria necessary to implement and administer the provisions of this article.
§18C-10-5. State and county support.
Each year, an appropriation shall be made to the department of education for distribution to the Katherine Johnson Scholarship Fund in an amount equal to the state per-pupil allocation times the number of students attending a residential academy program established under §18-2L-1 et seq. of this code.
Each year, a county board shall transfer to the Katherine Johnson Scholarship Fund an amount equal to 25 percent of the county per-pupil allocation for the previous fiscal year times the number of students enrolled in both a local secondary school in their county and a commuter academy program established under §18-2L-1 et seq. of this code.
NOTE: The purpose of this bill is to establish magnet schools on the campuses of colleges and universities throughout West Virginia. The bill creates the Katherine Johnson Academy, which will facilitate the creation of Academy magnet school programs through collaboration agreements by and among the Academy, the State Board of Education, the Higher Education Policy Commission, and colleges and universities in West Virginia. Under the collaboration agreements, students attending a magnet school would receive both college credit and credit toward their high school diploma for courses they successfully complete.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
