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Senate education committee adopts substitute replacing 180-day rule with 800-hour minimum for some nonpublic schools

March 31, 2025 | 2025 Legislature WV, West Virginia


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Senate education committee adopts substitute replacing 180-day rule with 800-hour minimum for some nonpublic schools
The West Virginia Senate Education Committee on Monday agreed to a committee substitute for Senate Bill 914 that changes how instructional minimums are measured for nonpublic schools whose students are exempt from compulsory attendance under exemption K and alters how composite test results are handled.

The substitute removes the prior requirement that nonpublic schools observe a minimum instructional term of 180 days with an average of five hours of instruction per day and instead requires each school to “provide at a minimum 800 instructional hours.” It also requires that, upon request, a school's composite results be made available to the parents or legal guardians of a prospective enrollee, removes the requirement that composite results be furnished to the state superintendent on request, and eliminates the stated ramifications for composite results falling below the fortieth percentile.

The change to an 800-hour standard was introduced as an amendment by the senator from Greenbrier and discussed at length. Counsel explained the amendment as replacing the prior subsection with the hour-based requirement. Senators asked for clarification about what counts as “instructional” time. The senator from Raleigh urged clearer wording to avoid broad interpretation, citing examples such as travel between classes, assemblies, or field trips; counsel and other senators responded that the substitute retains flexibility and that instructional time could include periods when instruction is actually being provided (for instance, instruction during breakfast), but would not automatically include transitions or breaks absent instruction.

After discussion, the committee adopted the Greenbrier amendment and then agreed to the committee substitute as amended. The vice chair moved that the committee substitute be reported to the full Senate with the recommendation that it pass; the chair declared the motion adopted.

The committee did not record a roll-call tally during the floor discussion on the amendment or the committee substitute; the chair announced the ayes had it. No additional penalties or reporting requirements beyond those in the substitute were adopted.

What happens next: The committee reported the substitute to the full Senate with a recommendation that it pass. If the full Senate acts on the measure, further debate or amendments could follow.

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