H. B. 2799


(By Delegates Fleischauer, Prezioso, Beach,

Smirl, Thomas, Amores and Michael)

[Introduced February 24, 1995; referred to the

Committee on Education then Finance.]




A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto three new sections, designated sections seven-c, seven-d and seven-e; and to amend and reenact section seven-b of said article, relating to the state board of education; programs in drug prevention and violence reduction; curriculum; participation by nonpublic schools; in-service training; funding sources; violence prevention education grants; application; awards; proceeds; reports; and a state multicultural education advisory committee.

Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto three new sections, designated sections seven-c, seven-d and seven-e; and that section seven-b of said article two be amended and reenacted, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-7b. Programs in drug prevention and violence reduction.

In order for the schools to become healthy learning environments and to provide a strong defense against drug use and violence, the state board of education shall prescribe programs within the existing health and physical education program which teach resistance and life skills to counteract societal and peer pressure to use drugs, alcohol and tobacco, and shall include counselors, teachers and staff in full implementation of the program. The board shall also prescribe programs to coordinate violence reduction efforts in schools and between schools and their communities and to train students, teachers, counselors and staff in conflict resolution skills. The program shall be comprehensive, interdisciplinary and shall begin in elementary school kindergarten and continue through grade twelve. The state board superintendent shall report to the legislative oversight commission on education accountability on the status of the programs no later than the first day of July, one thousand nine hundred ninety-five.
§18-2-7c. Violence prevention education; curriculum;

participation by nonpublic schools; in-service training; and funding sources.

(a) The superintendent of education, in consultation with the secretary of health and human resources, state minority councils, battered women's programs, sexual assault and domestic violence centers and representatives of religious communities, shall assist county boards of education in developing or implementing a violence prevention program for students in kindergarten through twelfth grade that can be integrated into existing curricula. The purpose of the program is to help students learn how to resolve conflicts within their families, schools and communities in nonviolent, effective ways.
(b) Each county board of education is encouraged to integrate into its existing curriculum a program for violence prevention that includes at least:
(1) A comprehensive, accurate and age-appropriate curriculum on violence prevention, nonviolent conflict resolution and sexual, racial and cultural harassment that promotes equality, respect, understanding, effective communication, individual responsibility, thoughtful decision making, positive conflict resolution, useful coping skills, critical thinking, listening and watching skills and personal safety;
(2) Planning materials, guidelines and other accurate information on preventing physical and emotional violence, identifying and reducing the incidence of sexual, racial and cultural harassment and reducing child abuse and neglect;
(3) A special parent education component of early childhood family education programs to prevent child abuse and neglect and to promote positive parenting skills, giving priority to services and outreach programs for at-risk families;
(4) Involvement of parents and other community members, including the clergy, business representatives, civic leaders, local elected officials, law-enforcement officials and the county prosecuting attorney;
(5) Collaboration with local community services, agencies and organizations that assist in violence intervention or prevention, including family-based services, crisis services, life management skills services, case coordination services, mental health services and early intervention services;
(6) Targeting early adolescents for prevention efforts, especially early adolescents whose personal circumstances may lead to violent or harassing behavior;
(7) Opportunities for teachers to receive in-service training or attend other programs on strategies or curriculum designed to assist students in intervening in or preventing violence in school and at home; and
(8) Administrative policies that reflect, and a staff that models, nonviolent behaviors that do not display or condone sexual, racial, or cultural harassment.
(c) The state board may provide assistance at a neutral site to any nonpublic school participating in a county board's program.
(d) Each county board is encouraged to provide training for staff and school board members to help students identify violence in the family and the community so that students may learn to resolve conflicts in effective, nonviolent ways. The in-service training must be ongoing and involve experts familiar with domestic violence and personal safety issues.
(e) County boards may accept funds from public and private sources for violence prevention programs developed and implemented under this section.
§18-2-7d. Violence prevention education grants; funding; application; awards; proceeds; and reports.

(a) The superintendent of education shall establish a violence prevention education grant program to enable a county board, a school district, or a group of county boards that cooperate for a particular purpose to develop and implement or to continue a violence prevention program for students in kindergarten through grade twelve that can be integrated into existing curricula. Funds for this grant program shall be made available pursuant to the provisions of section ten, article nine-a, chapter eighteen of this code. A county board or group of boards that elects to develop and implement or to continue a violence prevention program under section seven-c of this article is eligible to apply for a grant under this section.
(b) To be eligible to receive a grant, a county board or a group of boards that cooperate for a particular purpose must submit an application to the superintendent in the form and manner and according to the timeline established by the superintendent. The application must describe how the applicant will: (1) Continue or integrate into its existing K-12 curriculum a program for violence prevention that contains the program components listed in section seven-c of this article; (2) collaborate with local organizations involved in violence prevention and intervention; and (3) structure the program to reflect the characteristics of the children, their families and the community involved in the program. The superintendent may require additional information from the applicant. When reviewing the applications, the superintendent shall determine whether the applicant has met the requirements of this subsection.
(c) The superintendent may award grants for a violence prevention education program to eligible applicants as defined in subsection (b) of this section. Grant amounts may not exceed three dollars per actual pupil unit in the county or group of counties in the prior school year. Grant recipients should be geographically distributed throughout the state.
(d) A successful applicant shall use the grant money to develop and implement or to continue a violence prevention program according to the terms of the grant application.
(e) A report detailing the costs and results of programs funded under this section must be submitted to the chairs of the legislative oversight commission on education by the fifteenth day of January each year.
§18-2-7e. State multicultural education advisory committee.
(a) The superintendent shall appoint a state multicultural education advisory committee to advise the department and the state board on multicultural education. The committee must have twelve members which include representatives from among the following groups and community organizations: African-American, American Indian, Asian-Pacific, Caucasian and Hispanic.
(b) The state committee shall provide information and recommendations on:
(1) Department procedures for reviewing and approving county plans and disseminating information on multicultural education;
(2) Department procedures for improving inclusive education plans, curriculum and instruction improvement plans, and performance-based assessments;
(3) Developing learner outcomes which are multicultural; and
(4) Other recommendations that will further inclusive, multicultural education.
(c) The committee shall also participate in determining the criteria for and awarding the grants established under section seven-d of this article.



NOTE: The purpose of this bill is to establish a curriculum in grades K-12 in the public schools to help teach nonviolent methods of conflict resolution and thereby reduce incidences of violence in our families, schools and communities. The bill provides for in-service training and family education, especially for at-risk families and early adolescents whose circumstances may lead to violent behavior. Funding for these programs may be accepted from public or private sources. A grant program administered by the state board and superintendent would also be established, along with a commission to advise the state board and department on multicultural education.

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

Sections seven-c, seven-d and seven-e are new; therefore, strike-throughs and underscoring have been omitted.