H. B. 2092
(By Delegate Prunty)
[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 the
state board of education to implement a program to teach
religion in the public schools.
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 The 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. The state board of education
shall develop policies and programs that encourage teaching about
religious liberty and religion in ways that are constitutionally
permissible and educationally sound. The state board of education
shall take steps to:
(1) Acquaint school administrators, school boards and teachers
with policies pertaining to teaching about religion;
(2) Alert textbook publishers to the importance of the
treatment of religion and religious liberty in textbooks;
(3) Seek funding from the private sector for statewide staff
development programs focused on helping teachers to teach about religion and religious liberty; and
(4) Inform teacher training institutions of the importance of
preservice education about religion for social studies teachers.
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 that 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 the instruction shall be adopted by the
state board by rule in consultation with the department of 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 that child from participation in such the
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 more than 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 occupies a
position in connection with the public schools, that person shall
automatically be removed from such the 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 the state Board
of Education to develop and implement a religious education program
in the public schools.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.