
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 223
(By Senators Love, Bailey, Oliverio, McKenzie, Sprouse,
Minard, Fanning, Mitchell, Redd, Unger, Ball, Dawson,
Edgell, Sharpe, Boley, Prezioso, Minear, Ross, Hunter,
McCabe, Kessler and Snyder)
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[Originating in the Committee on Education;
reported February 18, 2000]
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A BILL to amend and reenact section one, article one, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend article nine-a
of said chapter by adding thereto a new section, designated
section twenty-seven, all relating to art and music teachers
in public schools; definitions; and state allowance for
improvement of art and music instruction in public
elementary schools.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article nine-a of
said chapter be amended by adding thereto a new section,
designated section twenty-seven, all to read as follows:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS
FOR




EDUCATION.
§18-1-1. Definitions.


The following words used in this chapter and in any
proceedings pursuant thereto shall, unless the context clearly
indicates a different meaning, be construed as follows:


(a) "School" means the pupils and teacher or teachers
assembled in one or more buildings, organized as a unit;


(b) "District" means county school district;


(c) "State board" means the West Virginia board of
education;


(d) "Board" means the county board of education;


(e) "State superintendent" means the state superintendent of
free schools;


(f) "Superintendent" means the county superintendent of
schools;


(g) "Teacher" means teacher, supervisor, principal,
superintendent, public school librarian; registered professional nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has a baccalaureate degree; or any other person
regularly employed for instructional purposes in a public school
in this state;


(h) "Service personnel" means all nonteaching school
employees not included in the above definition of "teacher";


(i) "Regular full-time employee" means any person employed
by a county board of education who has a regular position or job
throughout his employment term, without regard to hours or method
of pay;


(j) "Career clusters" means broad groupings of related
occupations;


(k) "Work-based learning" means a structured activity that
correlates with and is mutually supportive of the school-based
learning of the student and includes specific objectives to be
learned by the student as a result of the activity;


(l) "School-age juveniles" means any individual who is
entitled to attend or who, if not placed in a residential
facility, would be entitled to attend public schools, in
accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter;
or (3) section one, article twenty of this chapter;


(m) "Student with a disability" means an exceptional child,
other than gifted, pursuant to section one, article twenty of
this chapter;


(n) "Low density county" means a county whose ratio of
student population to square miles is less than or equal to the
state average ratio as computed by the state department of
education;


(o) "High density county" means a county whose ratio of
student population to square miles is greater than the state
average ratio as computed by the state department of education;
and


(p) "Casual deficit" means a deficit of not more than three
percent of the approved levy estimate or a deficit that is
nonrecurring from year to year;


(q) "Art teacher" means a professional educator who holds a
valid teaching certificate endorsed for the teaching of art and
indicating the grade levels in which the person is certified to
teach art in the public schools; and


(r) "Music teacher" means a professional educator who holds a valid teaching certificate endorsed for the teaching of music
and indicating the grade levels in which the person is certified
to teach music in the public schools.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-27. State allowance for the improvement of art and music
instruction in public elementary schools.
For the school year two thousand--two thousand one, there
may be appropriated funds in an amount to be determined by the
Legislature to provide grants, administered by the West Virginia
department of education, for the purpose of providing high
quality art and music instruction. Preference shall be given to
counties that have not employed the services of art or music
teachers, as defined in section one, article one of this chapter,
for the general instruction of students in the elementary grades
for a period of two or more school years. A county is eligible
to apply for a grant in an amount not to exceed the annual salary
and benefits of one art teacher or one music teacher, or both, if
neither has been employed in the county for the general
instruction of students in the elementary grades in the past two
school years.
The department of education shall file a report on the effects of this initiative to the Legislature no later than the
thirty-first day of December, two thousand one.