WEST virginia legislature
2021 regular session
Committee Substitute
for
Senate Bill 636
By Senators Rucker, Phillips, Smith, Roberts, Karnes, and Stollings
[Originating in the Committee on Education; reported on March 17, 2021]
A BILL to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to imposing additional requirements for the courses required for all public, private, parochial, and denominational schools in the history of the State of West Virginia, the history of the United States, in civics, in the Constitution of the United States, and in the government of West Virginia; requiring the State Board of Education to consult with certain other entities in prescribing the courses of study; requiring the State Board of Education to include the basic course requirements for middle school and high school and the academic standards when prescribing the courses of study; requiring the State Board of Education to publish an approved list of instructional resources; requiring the State Board of Education to provide testing or assessment instruments for the history and civics courses of instruction; and expanding amendments to the Constitution of the United States to be emphasized as a part of the instruction in each social studies class required during Celebrate Freedom Week.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-9. Required courses of instruction.
(a) (1) In all public, private, parochial, and denominational schools located within this state there shall be given prior to the completion of the eighth grade at least one year of instruction in the history of the State of West Virginia. The schools shall require regular courses of instruction by the completion of the 12th grade in the history of the United States, in civics, in the Constitution of the United States, and in the government of the State of West Virginia for the purpose of teaching, fostering, and perpetuating the ideals, principles, and spirit of political and economic democracy in America, and increasing the knowledge of the organization and machinery of the government of the United States and of the State of West Virginia. The required courses shall include instruction on the institutions and structure of American government, such as the separation of powers, the Electoral College, and federalism. The required courses shall include instruction that provides students an understanding of American political philosophy and history, utilizing writings from prominent figures in Western civilization, such as Aristotle, Thomas Hobbes, John Locke, and Thomas Jefferson. The courses of instruction shall offer an objective and critical analysis of ideologies throughout history including, but not limited to, capitalism, republicanism, democracy, socialism, communism, and fascism. The required courses shall emphasize the use of primary sources and interactive learning techniques, such as mock scenarios, debates, and open and impartial discussions.
(2) The state board shall, with the advice of the state
superintendent, and after consultation with other entities, prescribe
the courses of study, including the basic course requirements for middle
school and high school, and the academic standards listed in subdivision (1) of
this subsection for these courses of study covering these subjects for the
public schools, and publish an approved list of instructional resources
pursuant to §18-2A-1 et seq. of this code. The curriculum used in the
delivery of instruction shall cover the standards adopted for such courses. The
other entities for consultation may include such organizations as the Florida
Joint Center for Citizenship, the College Board, the Bill of Rights Institute,
Hillsdale College, the Gilder Lehrman Institute of American History, the
Constitutional Sources Project, educators, school administrators, postsecondary
education representatives, elected officials, business and industry leaders,
parents, and the public. It shall be the duty of the officials Officials
or boards having authority over the respective private, parochial, and
denominational schools to shall prescribe courses of study for
the schools under their control and supervision similar to those required for
the public schools.
(3) The state board shall provide testing or assessment instruments for the history and civics courses of instruction required by this section. These testing instruments shall:
(A) Be aligned with the academic standards required by this section;
(B) Be mandatory for students enrolled in those courses of instruction;
(C) Be cumulative by including questions about knowledge learned in prior history and civics courses; and
(D) Measure students’ factual and conceptual knowledge including how the facts interrelate and the reasons behind historical documents and events.
(4) To further such this study, every high
school student eligible by age for voter registration shall be afforded the
opportunity to register to vote pursuant to §3-2-22 of this code.
(b) The state board shall cause to be taught in all of
the public schools of this state the subject of health education, including
instruction in any of the grades six through 12 as considered appropriate by
the county board, on: (1) The prevention, transmission, and spread of acquired
immune deficiency syndrome and other sexually transmitted diseases; (2)
substance abuse, including the nature of alcoholic drinks and narcotics,
tobacco products, and other potentially harmful drugs, with special instruction
as to their effect upon the human system and upon society in general; (3) the
importance of healthy eating and physical activity to in maintaining
healthy weight; and (4) education concerning cardiopulmonary resuscitation and
first aid, including instruction in the care for conscious choking, and
recognition of symptoms of drug or alcohol overdose. The course curriculum
requirements and materials for the instruction shall be adopted by the state
board by rule in consultation with the Department of Health and Human
Resources. The state board shall prescribe a standardized health education
assessment to be administered within health education classes to measure
student health knowledge and program effectiveness.
(c) An opportunity shall be afforded to the parent or guardian of a child subject to instruction in the prevention, transmission, and spread of acquired immune deficiency syndrome and other sexually transmitted diseases to examine the course curriculum requirements and materials to be used in the instruction. The parent or guardian may exempt the child from participation in the instruction by giving notice to that effect in writing to the school principal.
(d) After July 1, 2015, the required instruction in
cardiopulmonary resuscitation in subsection (b) of this section shall include
at least 30 minutes of instruction for each student prior to graduation on the
proper administration of cardiopulmonary resuscitation (CPR) and the
psychomotor skills necessary to perform cardiopulmonary resuscitation. The term
“psychomotor skills” means the use of hands-on practicing to support cognitive
learning. Cognitive-only training does not qualify as “psychomotor skills”. The
CPR instruction must shall be based on an instructional program
established by the American Heart Association or the American Red Cross, or
another program which is nationally recognized and uses the most current
national evidence-based emergency cardiovascular care guidelines and
incorporates psychomotor skills development into the instruction. A licensed
teacher is not required to be a certified trainer of cardiopulmonary resuscitation
to facilitate, provide, or oversee such instruction. The instruction may be
given by community members, such as emergency medical technicians, paramedics,
police officers, firefighters, licensed nurses, and representatives of the
American Heart Association or the American Red Cross. These community members
are encouraged to provide necessary training and instructional resources such
as cardiopulmonary resuscitation kits and other material at no cost to the
schools. The requirements of this subsection are minimum requirements. A local
school district may offer CPR instruction for longer periods of time and may
enhance the curriculum and training components, including, but not limited to,
incorporating into the instruction the use of an automated external
defibrillator (AED): Provided, That any instruction that results in a
certification being earned must shall be taught by an authorized
CPR/AED instructor.
(e) A full week of classes during the week selected by the county board of education shall be recognized as Celebrate Freedom Week. The purpose of Celebrate Freedom Week is to educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded.
Celebrate Freedom Week must shall include
appropriate instruction in each social studies class which:
(1) Includes an in-depth study of the intent, meaning,
and importance of the Declaration of Independence, the Emancipation
Proclamation, and the Constitution of the United States with an emphasis on the
Bill of Rights amendments that are crucial to the survival of
democracy and freedom, such as the Bill of Rights and the thirteenth, fourteenth,
fifteenth, and nineteenth amendments;
(2) Uses the historical, political, and social environments surrounding each document at the time of its initial passage or ratification; and
(3) Includes the study of historical documents to firmly establish the historical background leading to the establishment of the provisions of the constitution and Bill of Rights by the founding fathers for the purposes of safeguarding our constitutional republic.
The requirements of this subsection are applicable to all public, private, parochial, and denominational schools located within this state. Nothing in this subsection creates a standard or requirement subject to state accountability measures.
(f) Beginning the 2018-2019 school year, students in the
public schools shall be administered a test the same as or substantially
similar to the civics portion of the naturalization test used by the United
States Citizenship and Immigration Services between their ninth and 12th grade
years as an indicator of student achievement in the area of civics education.
The test results may be reported in the aggregate to the county board for
evaluation by the board’s curriculum director and reported to the board
members. Nothing in this subsection creates a standard or requirement subject
to state accountability measures.