COMMITTEE SUBSTITUTE
FOR
H. B. 3115
(By Mr. Speaker, Mr. Kiss, and Delegates Armstead,
Williams, Canterbury, Sobonya and Sumner)
(Originating in the Committee on Education)
[February 25, 2003]
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; instituting a "celebrate
freedom week"; requiring an in-depth instruction in the study
of the Declaration of Independence and other founding American
historical documents including the Bill of Rights; and
limiting audit review program.
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 These schools
shall require regular courses of instruction, by the completion of
the twelfth grade in the history of the United States, in civics,
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, 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) In order to educate students about the sacrifices made for
freedom in the founding of this country and the values on which
this country was founded, a full week of classes in September, during the week in which the eleventh of September occurs, shall be
recognized in all public, private, parochial and denominational
schools located within this state as "Celebrate Freedom Week."
Celebrate Freedom Week must include at least three hours of
appropriate instruction in each social studies class which
instruction must include an in-depth study of the intent, meaning
and importance 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 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. Nothing in this subsection, however,
creates a standard or requirement subject to review by the office
of education performance audits.
(b) (c) 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) (d) 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
constitutes 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 that position and
shall be is ineligible for reappointment to that or a similar
position for the period of one year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.