Committee Substitute
for
H. B. 4124
(By Delegates Staggers, M. Poling, Moye,
Perry, Fleischauer, Hamilton, Paxton,
Long, Canterbury, Campbell and Crosier)
(Originating in the Committee on Education.)
[February 14, 2008]
A BILL to amend and reenact §18-2-9 of the Code of West Virginia,
1931, as amended, relating to including education concerning
CPR and First Aid in the health education curriculum in any
grades six through twelve.
Be it enacted by the Legislature of West Virginia:
That §18-2-9 of the Code of West Virginia, 1931, 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. 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 shall, with the
advice of the state superintendent, 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 state board 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
considered appropriate by the county board, on: (1) The
prevention, transmission and spread of acquired immune deficiency
syndrome and other sexually transmitted diseases; (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;
and (3) the importance of healthy eating and physical activity to maintaining healthy weight
; and (4) education
concerning CPR and First Aid. The course curriculum requirements
and materials for the instruction shall be adopted by the state
board by rule in consultation with the Department of Health and
Human Resources. The state board shall prescribe a standardized
health education assessment to be administered within health
education classes to measure student health knowledge and program
effectiveness.
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 the instruction. The parent or
guardian may exempt the child from participation in 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 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 that position and shall be 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.