ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 396
(By Senators Love, Deem, Prezioso, Mitchell, Hunter, Kessler,
Ross, Boley, Snyder, McKenzie, Edgell, Minear, Redd, Sharpe,
McCabe, Facemyer, Rowe, Bowman, Oliverio, Bailey, Unger,
Caldwell, Sprouse, Anderson and Minard)
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[Originating in the Committee on Education;
reported April 3, 2001.]
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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 funding 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 or her 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. Funding for the improvement of art and music
instruction in public elementary schools.
For the school year two thousand one--two thousand two, there
may be appropriated funds in an amount to be determined by the Legislature for 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 art or
general music 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 art or
general music 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 second day
of January, two thousand three.