HB106 H ED AM 5-18 #1
The Committee on Education moves to amend the bill on page one, following the enacting clause, by striking the remainder of the bill and inserting in lieu thereof the following:
 "That §18-5-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-9A-5 of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-17. Kids First compulsory comprehensive health screening; developmental screening for children under compulsory school age.

(a) All children entering public school for the first time in this state shall be given prior to their enrollments screening tests to determine if they might have vision or hearing impairments or speech and language disabilities: Provided, That a comprehensive health screening obtained within the previous twelve months from a licensed medical professional authorized to provide screenings meets this requirement. County boards of education may provide, upon request, such the screening tests to all children entering nonpublic school. County boards of education shall conduct these screening tests for all children through the use of trained personnel. Parents or guardians of children who are found to have vision or hearing impairments or speech and language disabilities shall be notified of the results of these tests and advised that further diagnosis and treatment of the impairments or disabilities by qualified professional personnel is recommended.
(b) Effective January 1, 2011:
(1) Students entering public school for the first time in this state, students entering third grade, students entering sixth grade and students entering ninth grade are recommended to have a comprehensive health screening. To meet the requirements of subsection (a) of this section, parents or guardians of children who have obtained a comprehensive health screening within the previous twelve months must provide the appropriate documentation to the school prior to a student's entering public school. The school shall recommend to parents or guardians of students that have a recommended comprehensive health screening to submit the appropriate documentation to the school within forty-five days of a student's entering third, sixth or ninth grade, as applicable.
 (2) For the purposes of this section, "comprehensive health screening" means an examination performed by a licensed medical professional that is limited to the following indicators:
(A) Vision (acuity screening, wears corrective lenses);
(B) Hearing (hearing screening, wears hearing aids);
(C) Speech and language (communication skills, fluent speech);
(D) Developmental (Fine motor skills, Gross motor skills, cognitive skills, social skills); and
(E) Dental (oral evaluation).
(3) A county board shall provide developmental screening for enrolled students only if a comprehensive health screening identifies a suspected deficit. Nothing in this subdivision limits the authority of a teacher in conjunction with the student assistance team to recommend developmental screening.
(4) County boards shall:
(A) Coordinate with parents or guardians and community health care providers to ensure that the importance of obtaining a comprehensive health screening for their child or children and that requirements of this subsection are communicated to all parties;
(B) Enter in the West Virginia Education Information System the documentation of a comprehensive health screening as defined in this subsection. The information shall be entered by WVEIS Date Entry and Administrative Clerks authorized by the county to enter student health information; and
(C) Coordinate with parents or guardians and community health care providers to ensure that suspected deficits identified through a comprehensive health screening are addressed through referral to specialty healthcare providers, county board student support services or both.
(5) A county board may not refuse to enroll or bar the attendance of a student nor take action to compel their parent or guardian for the failure or refusal to obtain a comprehensive health screening, or for the failure or refusal to disclose the contents of a screening, required under this subsection.
(b) (c) County boards of education shall provide or contract with appropriate health agencies to provide, upon the request of a parent or guardian residing within the district, developmental screening for their child or children under compulsory school attendance age: Provided, That a county board is not required to provide such developmental screening to the same child more than once in any one school year. Prior to providing the developmental screening, the county board shall provide information on and recommend a comprehensive screening as defined in subsection (b) of this section. Developmental screening is the process of measuring the progress of children to determine if there are problems or potential problems or advanced abilities in the areas of understanding language, perception through sight, perception through hearing, motor development and hand-eye coordination, health, and psycho-social or physical development. The boards shall coordinate the provision of developmental screening with other public agencies and the interagency plan for exceptional children under section eight, article twenty of this chapter to avoid the duplication of services and to facilitate the referral of children and their parents or guardians who need other services. The county boards shall provide notice to the public of the availability of these services.
(c) (d) The state board of Education is hereby authorized to may promulgate rules consistent with this section. The State Superintendent is directed to apply for federal funds, if available, for the implementation of the requirements of this section.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-5. Foundation allowance for service personnel.
(a) The basic foundation allowance to the county for service personnel shall be the amount of money required to pay the annual state minimum salaries in accordance with the provisions of article four, chapter eighteen-a of this code, to such service personnel employed, subject to the following:
(1) For the school year beginning on July 1, 2008, and thereafter, no county shall receive an allowance for an amount in excess of service personnel per one thousand students in net enrollment, as follows:
(A) For each high-density county, the number of personnel for which a county shall receive the allowance shall not exceed forty-three and ninety-seven forty-four and thirty-seven one hundredths service personnel per one thousand students in net enrollment;
(B) For each medium-density county, the number of personnel for which a county shall receive the allowance shall not exceed forty-four and fifty-three ninety-three one hundredths service personnel per one thousand students in net enrollment;
(C) For each low-density county, the number of personnel for which a county shall receive the allowance shall not exceed forty-five and one tenth half service personnel per one thousand students in net enrollment; and
(D) For each sparse-density county, the number of personnel for which a county shall receive the allowance shall not exceed forty-five and sixty-eight forty-six and eight one hundredths service personnel per one thousand students in net enrollment; and
(2) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the service personnel for the school or program may be prorated among the participating counties on the basis of each one's enrollment therein and that the personnel shall be considered within the above-stated limit. "