Senate Bill No. 390

(By Senators White, Ross, Sharpe and Miller)

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[Introduced February 14, 1996; referred to the Committee on Education; and then to the Committee on Finance.]
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A BILL to amend and reenact section eighteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to kindergarten programs; and permissible waiver of full-day, everyday kindergarten classes.

Be it enacted by the Legislature of West Virginia:
That section eighteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18. Kindergarten programs.

County boards of education shall provide by the school year one thousand nine hundred eighty-three--eighty-four, and continue thereafter, kindergarten programs for all children who shall have attained the age of five prior to the first day of September of the school year in which the pupil enters such kindergarten program and may establish kindergarten programs designed for children below the age of five: Provided, That beginning with the school year one thousand nine hundred ninety-six--ninety- seven, such programs shall be full-day everyday. Provided, however, That the state superintendent of schools is authorized to grant a waiver of the full-day, everyday requirement for a period of up to three years. Any county board of education which makes an application for a waiver shall provide supporting data demonstrating the hardship that would be suffered by the county board with immediate full implementation of the requirement. Any county board of education which seeks a waiver from the state superintendent shall submit its request on or before the first day of May for the following school year. The state superintendent shall grant or deny the requested waiver on or before the first day of July of that same year. Before the first day of November, one thousand nine hundred ninety-four, the state board shall review cost estimates and report to the legislative oversight commission on education accountability on the feasibility of implementing a full-time kindergarten program.
Persons employed as kindergarten teachers, as distinguished from paraprofessional personnel, shall be required to hold a certificate valid for teaching at the assigned level as prescribed by regulations established by the state board of education. The state board of education shall establish and prescribe guidelines and criteria setting forth the minimum requirements for all paraprofessional personnel employed in kindergarten programs established pursuant to the provisions of this section and no such paraprofessional personnel shall be employed in any kindergarten program unless he meets such minimum requirements.
The state board of education with the advice of the state superintendent of free schools shall establish and prescribe guidelines and criteria relating to the establishment, operation and successful completion of kindergarten programs in accordance with the other provisions of this section. Guidelines and criteria so established and prescribed are also intended to serve for the establishment and operation of nonpublic kindergarten programs and shall be used for the evaluation and approval of such programs, provided application for such evaluation and approval is made in writing to the state board by proper authorities in control of such programs. The state superintendent of free schools at intervals not to exceed two years shall publish a list of nonpublic kindergarten programs that have been approved in accordance with the provisions of this section and a list of Montessori kindergartens established and operated in accordance with usual and customary practices for the use of the Montessori method. Teachers who have training or experience in the use of the Montessori method of instruction for kindergartens shall be deemed to be approved to teach in such kindergartens using the Montessori method without additional certification.
Pursuant to such guidelines and criteria, and only pursuant to such guidelines and criteria, the county boards may establish programs taking kindergarten to the homes of the children involved, using educational television, paraprofessional personnel in addition to and to supplement regularly certified teachers, mobile or permanent classrooms and other means developed to best carry kindergarten to the child in its home and enlist the aid and involvement of its parent or parents in presenting the program to the child; or may develop programs of a more formal kindergarten type, in existing school buildings, or both, as such county board may determine, taking into consideration the cost, the terrain, the existing available facilities, the distances each child may be required to travel, the time each child may be required to be away from home, the child's health, the involvement of parents and such other factors as each county board may find pertinent. Such determinations by any county board shall be final and conclusive.
Funds for implementing the kindergarten programs during the fiscal year one thousand nine hundred seventy-two, and thereafter, shall be allocated to counties from a special appropriation to the state department of education from the general revenue fund: Provided, That except for expenditures from the general revenue funds for regional kindergarten demonstration centers, in no event shall any state money from the general fund be expended under the provisions of this section unless federal funds are available for the purposes of this section.
Allocations to counties will be made on the basis of approved kindergarten programs. The West Virginia board of education shall establish criteria and standards necessary to guide counties in developing approvable kindergarten programs and shall determine funding levels of said programs on local operating costs.
An additional appropriation shall be made to the state department of education from the general revenue fund to establish and operate during the fiscal year one thousand nine hundred seventy-two, regional kindergarten demonstration centers in educational regions three, four, five, six and seven, and thereafter in regions one through seven. Said funds shall be allocated to said regions for establishing and operating regional demonstration centers in accordance with criteria and standards established by the West Virginia board of education. Said regional centers shall be established to provide exemplary and innovative kindergarten programs, to provide laboratory experiences for preservice and in-service education for professional personnel and staff development programs for training paraprofessional personnel, to establish organizational and administrative machinery designed to promote cooperation between and among all agencies involved in the education and development of young children and to promote cooperation between counties in providing high cost supervisory, developmental, research and evaluative services not currently available to individual counties.


NOTE: The purpose of this bill is to allow the state superintendent of schools to grant county boards of education a waiver of up to three years from the requirement for full-day, everyday kindergarten classes when the county board can demonstrate hardship.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.