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Introduced Version House Bill 4554 History

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hb4554 intr
H. B. 4554


(By Delegates D. Poling, Caputo, Fragale, Stephens,
Moye and Longstreth)

[Introduced February 14, 2008; referred to the
Committee on Education.]



A BILL to amend and reenact §18-2-5 of the Code of West Virginia, 1931, as amended, relating to testing school bus operators every other year.

Be it enacted by the Legislature of West Virginia:
That §18-2-5 of the Code of West Virginia, 1931, as amended, be amended and reenact to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5. Powers and duties generally; public school entrance age; "public schools" not to include kindergartens.

(a) Subject to and in conformity with the Constitution and laws of this state, the State Board of Education shall exercise general supervision of the public schools of the state, and shall make rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for carrying into effect the laws and policies of the state relating to education, including rules relating to standards for performance and measures of accountability, the physical welfare of pupils, the education of all children of school age, school attendance, evening and continuation or part-time day schools, school extension work, the classification of schools, the issuing of certificates upon credentials, the distribution and care of free textbooks by the county boards of education, the general powers and duties of county boards of education, and of teachers, principals, supervisors and superintendents, and such other matters pertaining to the public schools of the state as may seem to the state board to be necessary and expedient.
(b) Notwithstanding any other provision of law which may be to the contrary, and notwithstanding the rule-making powers given to the State Board of Education by this section, a child shall not be permitted to enter the public schools of this state in any school year, beginning with the school year one thousand nine hundred eighty-three--eighty-four, unless such child be six years of age prior to the first day of September of such school year or is attending public school in accordance with article twenty of this chapter. Provided, That children Children who have successfully completed a kindergarten program in the school year one thousand nine hundred eighty-two--eighty-three, may enter the public schools notwithstanding the provisions of this section. The term "public schools" as used in the preceding sentence shall not be deemed to include public kindergartens, but nothing herein shall prevent a county board from permitting a child enrolled in kindergarten from entering public schools for attendance in particular curriculum areas.
(c) The state board shall develop a three-year plan to provide for the transition to developmental programming and instruction to be provided to the students in kindergarten through fourth grade and further shall, include the method of information dissemination in order to provide for parental preparation, and further shall, in conjunction with the professional development center, develop an ongoing program for training of principals and classroom teachers in methods of instruction to implement the developmental program. The existing developmental programs throughout the state shall be involved in this process and shall be provided an opportunity to assist in pilot programs to begin no later than the first day of September, one thousand nine hundred ninety-one. The plan shall be fully implemented by the first day of September, one thousand nine hundred ninety-three.
(d) Notwithstanding any other provision of this code to the contrary and notwithstanding any rules currently enacted by the school board concerning school bus operator certification, school bus operators with regular employee status and continuing contract status are required to take the certification test biennially and are not to be required to take the certification test on a more frequent basis. The certification test for substitute bus operators, and for school bus operators with regular employee status but on a probationary contract are to be administered annually.



NOTE: The purpose of this bill is to allow school bus drivers to only be tested once every two years if they are regularly employed as a school bus operator.

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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