Bill Text: WV HB3282 | 2022 | Regular Session | Introduced
Bill Title: Establish caps on the numbers of students per classroom at all grade levels
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-12 - To House Education [HB3282 Detail]
Download: West_Virginia-2022-HB3282-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 3282
By Delegates Thompson, Pushkin and Hornbuckle
[Introduced March 16, 2021; Referred to the Committee on Education]
A BILL to amend and reenact §18-5-18a of the Code of West Virginia, as amended, relating to maximum classroom ratios of teacher to pupils; applying the maximum ratio to all grades; limiting exceptions to the maximum ratios; removing outdated language; providing exceptions for certain programs and activities; mandating compensation for teachers in classrooms exceeding maximum ratio; and requiring a new report from the West Virginia Department of Education.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18a. Maximum teacher-pupil ratio.
(a) County boards of
education shall provide sufficient personnel, equipment, and facilities as will
ensure that each first through sixth 12th grade classroom, or
including classrooms having two or more grades that include one or more of
the first through sixth grades shall not have more than 25 pupils for each
teacher of the grade or grades and shall not have more than 20 pupils for each
kindergarten teacher per class session, unless the state superintendent
has excepted a specific classroom upon application therefor by a county board.
(b) County school boards
may not maintain a greater number of classrooms having two or more grades that
include one or more of the grade levels referred to in this section than were
in existence in said county as of January 1, 1983
(c) (b) The state superintendent is authorized,
consistent with sound educational policy, to:
(1) Permit on a statewide
basis, in grades four through six 12, more than 25 pupils per
teacher in a classroom for the purposes of instruction in physical education;
and
(2) Permit more than 20
pupils per teacher in a specific kindergarten classroom and 25 pupils per
teacher in a specific classroom in grades four through six during a school year
in the event of extraordinary circumstances, as determined by the state
superintendent after application by a county board of education but not
to exceed a period of 10 continuous days of instruction or 30 aggregate days
within one school year.
(d) (c) The state board shall establish guidelines
for the exceptions authorized in this section, but in no event shall the
superintendent except classrooms having more than three pupils above the
pupil-teacher ratio as set forth in this section.
(e) (d) The requirement for approval of an
exception to exceed the 20 pupils per kindergarten teacher per session limit or
the 25 pupils per teacher limit in grades one through six is waived in schools
where the schoolwide pupil-teacher ratio is 25 or less in grades one through
six: Provided, That a teacher shall not have more than three pupils
above the teacher/pupil ratio as set forth in this section Any kindergarten
teacher who has more than 20 pupils per session and any classroom teacher of grades
one through six 12 who has more than 25 pupils, shall be paid
additional compensation based on the affected classroom teacher’s average daily
salary divided by 20 for kindergarten teachers, or 25 for teachers of grades
one through six 12, for every day times the number of additional
pupils enrolled up to the maximum pupils permitted in the teacher’s classroom.
All such additional compensation shall be paid from county funds exclusively.
Notwithstanding any
other provision of this section to the contrary, commencing with the school
year beginning on July 1, 1994, a teacher in grades one, two or three or
classrooms having two or more such grade levels, shall not have more than two
pupils above the teacher/pupil ratio as set forth in this section: Provided,
That commencing with the school year beginning on July 1, 1995, such teacher
shall not have more than one pupil above the teacher/pupil ratio as set forth
in this section: Provided, however, That commencing with the school year
beginning on July 1, 1996, such teacher shall not have any pupils above the
teacher/pupil ratio as set forth in this section
(f) (e) No provision of this section is
intended to limit The teacher-to-pupil classroom ratios of this section
shall not apply to the number of pupils per teacher in a classroom for the
purpose of instruction in choral, band, or orchestra music, or for
extracurricular activities such as theater productions, show choir practice,
and similar activities for which classroom time may be allotted.
(g) (f) Each school principal shall assign
students equitably among the classroom teachers, taking into consideration
reasonable differences due to subject areas and/or grade levels.
(h) (g) The state board shall collect from each
county board of education information on class size and the number of pupils
per teacher for all classes in grades seven one through 12. The
state board shall report such information to the Legislative Oversight
Commission on Education Accountability before January 1, of each year.
(i) (h) The West Virginia Department of Education
shall survey districts to determine those grade levels, content areas, and
geographic locations where class overcrowding is impeding student achievement
and provide an updated report to the Legislature by July 1, 2020 2022,
a tailored plan for reducing class overcrowding in such areas.
The study shall include, but is not limited to, an examination of the following issues:
(1) The effect on student learning of limits on the number of pupils per teacher in a classroom in elementary classes and in a middle and high school format in which students have different teachers for different subject matter instruction;
(2) The effect on the equity among teachers in a middle school in which the number of pupils per teacher in a classroom is limited for some teachers and not for others, including the additional pay for certain teachers in whose classrooms the limits are exceeded; and
(3) The effect limits on the number of pupils per teacher in a classroom have on the ability of school systems to offer elective courses in secondary schools.
NOTE: The purpose of this bill is to update and tighten the mandatory, maximum teacher-to-pupil ratios permitted in public schools.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
