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Introduced Version House Bill 2031 History

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H. B. 2031

 

         (By Delegates Frazier, Stowers and Shaver)

         [Introduced January 12, 2011; referred to the

         Committee on Education then the Judiciary.]

 

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to the reporting of assaults, batteries and other incidents on school property, during school hours or during school activities to local juvenile authority.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5-48, to read as follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-48. Reporting of assaults, batteries and other incidents.

    (a) For purposes of this section, the following words and phrases shall have the following respective meanings, unless the context clearly indicates otherwise:

    (1) “Incident” means any act of physical violence, with or without a weapon, assault, act of intimidation or battery:

    (A) On school property;

    (B) During school activities, on or off school property; or

    (C) At any other times when such incident can be reasonably related to school functions.

    (2) “Assault” has the same meaning as is ascribed to that term in subsection (b), section nine, article two, chapter sixty-one of this code.

    (3) “Battery” has the same meaning as is ascribed to that term in subsection (c), section nine, article two, chapter sixty-one of this code.

    (4) “Principal” means the principal or top administrator of any public middle, junior or senior high school at which the incident occurred.

    (5) “County superintendent” means the superintendent of the county board of education in the county in which the school is located.

    (6) “Report” means a written narrative report of an incident, the number and names and addresses of persons involved, and the names, addresses and phone numbers of their parents, in the incident, the type of any weapon involved and a description of any injury or damage resulting from the incident. The report shall also contain the names and addresses of all persons known to be present at the time of said incident and the action, if any, taken by the school.

    (7) “Teacher” and “other employee” means an employee of any public middle, junior or senior high school at which the incident occurred.

    (8) “County Board of Education” means the local board of education in the county in which the school is located.

    (9) “Juvenile probation authority” means that division of a county circuit court that specifically deals with juveniles of the county in which the school is located.

    (b) It is the intention of the Legislature to require principals, teachers and other school employees of public middle, junior and senior high schools to make reports of disruptive incidents occurring on school property during school hours or during school activities conducted on or off school property after school hours or at any other time when such incident can be reasonably related to the school or school functions.

    (c) Principals shall file a report within forty-eight hours with the county superintendent and the juvenile probation authority of any incident of which they have knowledge.

    (d) Teachers and other school employees shall immediately report to the principal any incident of which they have knowledge. The teacher and employee shall assist the principal in the preparation of the report required under subsection (c) of this section.




    NOTE: The purpose of this bill is to improve security at state schools by requiring the reporting of assaults, batteries and other incidents on school property, during school hours or during school activities to the appropriate local juvenile authority. The bill will enable the county schools and juvenile probation officers to track and curb incidents of disruptive behavior of students.


    This section is new; therefore, it has been completely underscored.

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