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Introduced Version - Originating in Committee Senate Concurrent Resolution 75 History

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SENATE CONCURRENT RESOLUTION NO. 75

[Originating in the Committee on Education]

 

Requesting the Joint Committee on Government and Finance study privately owned licensed residential facilities receiving public funds for housing and treating students who are attending public schools or receiving education at public expense; and determine how the cost of providing educational service should be funded.

    Whereas, Privately owned residential facilities in West Virginia provide treatment and/or services to youth ages 5-21 with developmental disabilities who also have behavioral issues; and

    Whereas, The counties in which the residential facilities are located are burdened with the responsibility for the cost of education for school-aged children placed in these privately owned residential facilities; and

    Whereas, Many children are placed in these facilities by family members rather than by a state agency and are therefore ineligible to receive education-related services at public expense; and

    Whereas, The exact number of students, either parentally placed or by the West Virginia Department of Health and Human Resources (WVDHHR) is not known; and 

    Whereas, There does not exist a comprehensive list of residential facilities, nor are the facilities’ accreditations known; and

    Whereas, Neither reasons nor average length of stay for all children placed in residential facilities is known; and

    Whereas, Under the federal Individuals with Disabilities Education Improvement Act of 2004 (IDEA), each state must provide a Free Appropriate Public Education (FAPE) to all eligible children with disabilities; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study privately owned licensed residential facilities receiving public funds for housing and treating students who are attending public schools or receiving education at public expense; and determine how the cost of providing educational service should be funded; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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