H. B. 2032
(By Delegates Manuel, Douglas, Faircloth and Doyle)
[Introduced January 16, 1995; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section eighteen, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to exempting
counties with stable or increased enrollments in
kindergarten through sixth grade from having to comply with
the statutory requirment that they conduct full-day
kindergarten classes in nineteen ninety-six.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article five, 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 5. COUNTY BOARD OF EDUCATION.
§18-5-18. Kindergarten programs.
County boards of education shall provide by the school year
one thousand nine hundred eighty-three--eighty-four, and continue
thereafter, kindergarten programs for all children who shall
have attained the age of five prior to the first day of September of the school year in which the pupil enters such kindergarten
program and may establish kindergarten programs designed for
children below the age of five: Provided, That beginning with
the school year one thousand nine hundred
ninety-six--ninety-seven, such programs shall be full-day
everyday: Provided, however, That in counties where over-all
enrollment in school attendance has increased or remained
substantially the same in the kindergarten through sixth grade
classes without commensurate or adequate growth in classroom
space, the requirement that such programs be full-day does not
apply. Before the first day of November, one thousand nine
hundred ninety-four, the state board shall review cost estimates
and report to the legislative oversight commission on education
accountability on the feasibility of implementing a full-time
kindergarten program.
Persons employed as kindergarten teachers, as distinguished
from paraprofessional personnel, shall be required to hold a
certificate valid for teaching at the assigned level as
prescribed by regulations established by the state board of
education. The state board of education shall establish and
prescribe guidelines and criteria setting forth the minimum
requirements for all paraprofessional personnel employed in
kindergarten programs established pursuant to the provisions of
this section and no such paraprofessional personnel shall be
employed in any kindergarten program unless he meets such minimum
requirements.
The state board of education with the advice of the state
superintendent of free schools shall establish and prescribe
guidelines and criteria relating to the establishment, operation
and successful completion of kindergarten programs in accordance
with the other provisions of this section. Guidelines and
criteria so established and prescribed are also intended to serve
for the establishment and operation of nonpublic kindergarten
programs and shall be used for the evaluation and approval of
such programs, provided application for such evaluation and
approval is made in writing to the state board by proper
authorities in control of such programs. The state
superintendent of free schools at intervals not to exceed two
years shall publish a list of nonpublic kindergarten programs
that have been approved in accordance with the provisions of this
section and a list of Montessori kindergartens established and
operated in accordance with usual and customary practices for
the use of the Montessori method. Teachers who have training or
experience in the use of the Montessori method of instruction
for kindergartens shall be deemed to be approved to teach in such
kindergartens using the Montessori method without additional
certification.
Pursuant to such guidelines and criteria, and only pursuant
to such guidelines and criteria, the county boards may establish
programs taking kindergarten to the homes of the children
involved, using educational television, paraprofessional
personnel in addition to and to supplement regularly certified teachers, mobile or permanent classrooms and other means
developed to best carry kindergarten to the child in its home and
enlist the aid and involvement of its parent or parents in
presenting the program to the child; or may develop programs of
a more formal kindergarten type, in existing school buildings,
or both, as such county board may determine, taking into
consideration the cost, the terrain, the existing available
facilities, the distances each child may be required to travel,
the time each child may be required to be away from home, the
child's health, the involvement of parents and such other factors
as each county board may find pertinent. Such determinations by
any county board shall be final and conclusive.
Funds for implementing the kindergarten programs during the
fiscal year one thousand nine hundred seventy-two, and
thereafter, shall be allocated to counties from a special
appropriation to the state department of education from the
general revenue fund: Provided, That except for expenditures
from the general revenue funds for regional kindergarten
demonstration centers, in no event shall any state money from the
general fund be expended under the provisions of this section
unless federal funds are available for the purposes of this
section.
Allocations to counties will be made on the basis of
approved kindergarten programs. The West Virginia board of
education shall establish criteria and standards necessary to
guide counties in developing approvable kindergarten programs and shall determine funding levels of said programs on local
operating costs.
An additional appropriation shall be made to the state
department of education from the general revenue fund to
establish and operate during the fiscal year one thousand nine
hundred seventy-two, regional kindergarten demonstration centers
in educational regions three, four, five, six and seven, and
thereafter in regions one through seven. Said funds shall be
allocated to said regions for establishing and operating regional
demonstration centers in accordance with criteria and standards
established by the West Virginia board of education. Said
regional centers shall be established to provide exemplary and
innovative kindergarten programs, to provide laboratory
experiences for preservice and in-service education for
professional personnel and staff development programs for
training paraprofessional personnel, to establish organizational
and administrative machinery designed to promote cooperation
between and among all agencies involved in the education and
development of young children and to promote cooperation between
counties in providing high cost supervisory, developmental,
research and evaluative services not currently available to
individual counties.
NOTE: The purpose of this bill is to exempt those counties
that are experiencing stable or increased enrollment in
kindergarten through sixth grade students from having to comply
with the requirement of converting to full-day kindergarten
classes by 1996. The reason for this exemption is that some counties, because of increased stable enrollment will not be able
to convert to full-day kindergarten because of the substantial
increase in cost that will befall them in having to provide for
additional classroom space, teachers, teacher's aides,
equiptment, etc. These additional requirements if not exempted,
may require counties to attempt to impose additional levies to
pay for them.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.