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Introduced Version House Bill 3075 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 3075


(By Delegates Walters, Webb,
Armstead, L. Smith and Harrison)
[Introduced March 29, 2001; referred to the
Committee on Education then the Judiciary.]



A BILL to amend and reenact section nine, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the state board of education to implement a program to teach the values of the ten commandments in the public schools.

Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, 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. Such 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 of education shall develop policies and programs that encourage teaching the values of the ten commandments in ways that are constitutionally permissible and educationally sound.
The state board of education shall, with the advice of the state superintendent of schools, 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 that 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 of education 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 deemed considered appropriate by the county board, on: (1) The prevention, transmission and spread of acquired immune deficiency syndrome and other sexually transmitted diseases; and (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. The course curriculum requirements and materials for such the instruction shall be adopted by the state board by rule in consultation with the department of health.
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 such the instruction. The parent or guardian may exempt such that child from participation in such 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 more than 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 occupies a position in connection with the public schools, that person shall automatically be removed from such the position and shall be ineligible for reappointment to that or a similar position for the period of one year.



NOTE: The purpose of this bill is to require the state Board of Education to develop and implement a religious education program in the public schools teaching the values of the Ten Commandments.

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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