H. B. 2947
(By Delegate Webb)
[Introduced February 10, 2003; referred to the
Committee on Education then Finance.]
A BILL to repeal section forty-four, article five, chapter eighteen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section
eighteen of said article, relating to repealing provisions for
early childhood education programs.
Be it enacted by the Legislature of West Virginia:
That section forty-four, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; and that section eighteen of said article be
amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18. Kindergarten programs.
(a) County boards shall provide kindergarten programs for all children who have attained the age of five prior to the first day
of September of the school year in which the pupil enters the
kindergarten program. and may, pursuant to the provisions of
section forty-four, article five, chapter eighteen of this code,
establish kindergarten programs designed for children below the age
of five. The programs for children who shall have attained the age
of five shall be full-day everyday programs.
(b) Persons employed as kindergarten teachers, as
distinguished from paraprofessional personnel, shall be required to
hold a certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board. The
state board shall establish and prescribe guidelines and criteria
setting forth the minimum requirements for all paraprofessional
personnel employed in kindergarten programs established pursuant to
the provisions of this section and no such paraprofessional
personnel shall be employed in any kindergarten program unless he
or she meets such minimum requirements.
(c) The state board with the advice of the state
superintendent shall establish and prescribe guidelines and
criteria relating to the establishment, operation and successful
completion of kindergarten programs in accordance with the other provisions of this section. Guidelines and criteria so established
and prescribed also are intended to serve for the establishment and
operation of nonpublic kindergarten programs and shall be used for
the evaluation and approval of such programs by the state
superintendent, provided application for such evaluation and
approval is made in writing by proper authorities in control of
such programs. The state superintendent, annually, shall publish
a list of nonpublic kindergarten programs, including Montessori
kindergartens that have been approved in accordance with the
provisions of this section. Montessori kindergartens established
and operated in accordance with usual and customary practices for
the use of the Montessori method which have teachers who have
training or experience, regardless of additional certification, in
the use of the Montessori method of instruction for kindergartens
shall be considered to be approved.
(d) Pursuant to such guidelines and criteria, and only
pursuant to such guidelines and criteria, the county boards may
establish programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional personnel
in addition to and to supplement regularly certified teachers,
mobile or permanent classrooms and other means developed to best carry kindergarten to the child in its home and enlist the aid and
involvement of its parent or parents in presenting the program to
the child; or may develop programs of a more formal kindergarten
type, in existing school buildings, or both, as such county board
may determine, taking into consideration the cost, the terrain, the
existing available facilities, the distances each child may be
required to travel, the time each child may be required to be away
from home, the child's health, the involvement of parents and such
other factors as each county board may find pertinent. Such
determinations by any county board shall be final and conclusive.
NOTE: The purpose of this bill is to repeal the provisions
for early childhood development programs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.