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Introduced Version House Bill 106 History

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hb106 intr
H. B. 106


          (By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)

          [By Request of the Executive]

          [Introduced May 13, 2010; referred to the

          Committee on Education then Finance.]




A BILL to amend and reenact §18-5-17 of the Code of West Virginia, 1931, as amended, relating to compulsory comprehensive health screening for students entering public school for the first time in this state, students entering third grade, students entering sixth grade and students entering ninth grade; defining terms; and limiting developmental screening.

Be it enacted by the Legislature of West Virginia:

     That §18-5-17 of the Code of West Virginia, 1931, as amended be amended and reenacted to read as follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-17. Kids First comprehensive health screening; developmental screening for children under compulsory school age.

     (a) Prior to January 1, 2011, 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. 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 required to have a comprehensive health screening. Parents or guardians shall provide appropriate documentation of a comprehensive health screening within forty-five days of a student's entering public school for the first time in this state or 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 a screening protocol developed by the state board in consultation with the Department of Health and Human Resources that includes, but is not limited to, hearing, vision, speech, language, current health indicators and growth development.
_____(3) County boards shall:
_____(A) Coordinate with parents or guardians and community health care providers to ensure that the requirements of this subsection are communicated to all parties;
_____(B) Enter all comprehensive health screening data in the West Virginia Education Information System; 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.
_____
(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. Effective January 1, 2011, a county board shall provide developmental screening for a child only if a comprehensive health screening identifies a suspected deficit. 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.

     NOTE: The purpose of this bill is to require compulsory comprehensive health screening for students entering public school for the first time in this state and students entering third, sixth and ninth grades. Use of developmental screening for determination of advanced abilities is eliminated.

     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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