H. B. 2038
(By Delegate Flanigan)
[Introduced February 14, 2001
; referred to the
Committee on Education.]
A BILL to amend and reenact section nine, article two, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring that
government and civics instruction in schools include
instruction on voter education and the importance of civic
leadership and participation in the democratic process.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, 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 2. STATE BOARD OF EDUCATION.
§18-2-9. Required courses of instruction; violation and penalty.
(a) 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. Such schools shall
require regular courses of instruction by the completion of the
twelfth 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. This civics and government
instruction shall include an emphasis on voter education and the
importance of civic leadership and participation in the democratic
process. The state board of education shall, with the advice of
the state superintendent of schools, prescribe the courses of study
covering these subjects for the public schools. It shall be the
duty of the officials or boards having authority over the
respective private, parochial and denominational schools to
prescribe courses of study for the schools under their control and
supervision similar to those required for the public schools. To
further such study, every high school student eligible by age for voter registration shall be afforded the opportunity to register to
vote pursuant to section twenty-two, article two, chapter three of
this code.
(b) The state board of education 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
twelve as deemed considered appropriate by the county board, on:
(1) The prevention, transmission and spread of acquired immune
deficiency syndrome and other sexually transmitted diseases; and
(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. The course curriculum requirements
and materials for such instruction shall be adopted by the state
board by rule in consultation with the department of health bureau
of public health.
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 such the instruction. The parent or guardian may exempt such any child from participation in such
instruction by giving notice to that effect in writing to the
school principal.
(c) Any person violating the provisions of this section shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
fined not exceeding ten dollars for each violation, and each week
during which there is a violation shall constitute a separate
offense. If the person so convicted occupy a position in
connection with the public schools, that person shall
automatically be removed from such position and shall be ineligible
for reappointment to that or a similar position for the period of
one year.
NOTE: The purpose of this bill is to require that government
and civics instruction in schools include instruction on voter
education and the importance of civic leadership and participation
in the democratic process.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.