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.