H. B. 2747
(By Delegates Overington, Canterbury, Sobonya,
Louisos, Fragale, Armstead and Sumner)
[Introduced January 28, 2003; referred to the
Committee on Education then the Judiciary.]
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 required courses
of school instruction generally; requiring the accumulation of
one and one-half years of instruction in the study of the
Declaration of Independence and other founding American
historical documents including the Bill of Rights before high
school graduation; and requiring study of the historical,
political and social environments at the time these documents
were generated; prohibiting study of social problems,
economics, foreign affairs, the United Nations, world
government, socialism or communism until basic courses in
American state and local geography and history are completed.
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 for graduation regular courses of instruction, accumulating
to a minimum of one and one-half years of instruction, by the
completion of the twelfth grade in the history of the United
States, in civics, in the study of the United States' founding
documents, specifically, the Declaration of Independence and the
constitution of the United States with emphasis on the Bill of
Rights 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, 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 study of the history of the United States and the
United States? founding documents required by subsection (a) of
this section shall include the study of the Declaration of
Independence and the Constitution of the United States with an
emphasis on the Bill of Rights, using the historical, political and
social environments surrounding each document at the time of its
initial passage or ratification and shall include the study of
historical documents such as the Federalist Papers and the
Anti-Federalist Papers to firmly establish the historical
background leading to the establishment of the provisions of the
Constitution and Bill of Rights by the founding fathers for the
purposes of safeguarding our constitutional republic.
(c) Before students may participate in secondary level courses
involving the study of social problems, global economics, foreign
affairs, the United Nations, world government, socialism or
communism, pupils shall first have completed basic instruction in
geography, United States history, United States government, and the
government of the state of West Virginia, local governments in West
Virginia, the Declaration of Independence and the constitutions of the United States and the state of West Virginia.
(b) (d) 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.
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 instruction. The parent or
guardian may exempt such child from participation in such
instruction by giving notice to that effect in writing to the
school principal.
(c) (e) 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 the accumulation
of one and one-half years of instruction in the study of the
Declaration of Independence and other founding American historical
documents, including the Bill of Rights, before high school
graduation. The bill also requires that students study the
historical, political and social environments at the time these
documents were generated and it prohibits study of social problems,
economics, foreign affairs, the United Nations, world government,
socialism or communism until basic courses in American state and
local geography and history are completed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.