TITLE 126

LEGISLATIVE RULE

WEST VIRGINIA BOARD OF EDUCATION

SERIES 50B

EXCLUSION OF STUDENTS FROM ACQUIRED IMMUNODEFICIENCY

SYNDROME (AIDS) AND SEXUALLY TRANSMITTED DISEASE (STD)

INSTRUCTION IN HEALTH EDUCATION CLASSES (2422.45)

126-50B-1. General.

1.1. This legislative rule requires that students be excluded from instruction at parents' request.

1.2. Authority. -- W.Va. Code 18-2-9.

1.3. Filing Date. -- January 18, 1990.

1.4. Effective Date. -- March 2, 1990.

126-50B-2. Applicability.

The following policy has been written to assist in the implementation of WV Code 18-2-9, related to exclusion of students from health education class instruction about AIDS and other sexually transmitted diseases. The penalty for non-compliance with the provisions in the law could mean removal from public school employment.

All of the public schools must teach health education which includes instruction in any of grades six through twelve in the prevention, transmission and spread of AIDS and other sexually transmitted diseases. The W.Va. Board of Education approved Health Education Program of Study constitutes the course curriculum requirements. Materials used, including textbooks, should be aligned with learning outcomes. Counties must develop a comprehensive curriculum based on the health learning outcomes.

"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 instruction. The parent or guardian may exempt such child from participation in such instruction by giving notice to that effect in writing to the school principal." ( 18-2-9)

126-50B-3. Components.

Thus, the following shall be instituted:

3.1. Provisions and procedures for parent or guardian review of materials and curriculum shall be made on a county basis.

3.2. A form shall be developed for parents who request that their child be excluded (sample attached). This will assure a clear understanding of how individuals will be handled. The form should include the following information:

a. Health class assignments from which student will be excused.

b. Information that clarifies that an alternate assignment will be given.

c. Information that indicates that annual review of materials and requests for exclusion are necessary.

3.3. Once the parents' request has been received, it is the responsibility of the school principal to communicate this information to all appropriate personnel. The classroom teacher and other personnel are then responsible for assuring that the parents' request is honored.