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Introduced Version House Bill 2231 History

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hb2231 intr
H. B. 2231


(By Delegate Doyle)
[Introduced February 11, 2005; referred to the
Committee on Education then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-13i ; and to amend and reenact §18-5-19 of said code, all relating to education; the State Board of Education; county boards of education; establishing a secure residential school for juvenile status offenders; and providing an alternative school at evening classes or night school for children who are expelled or suspended from regular school classes.

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 §18-2-13i; and that §18-5-19 of said code be amended and reenacted, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-13i. Responsibility for administration and provision of secure residential educational services.

The State Board is responsible for the administration of programs for the education of all school-age juveniles who have been judicially declared as incorrigible, runaway children or truant children or children who are otherwise declared status offenders. The State Board shall establish and operate a secure residential school facility for all such school-age juveniles. School-age juvenile means in this article any individual who would, if not judicially declared incorrigible, runaway or truant, or a status offender, be entitled to attend the public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter.
Classroom teachers and other school personnel shall be hired and provided as necessary to all secure residential school juveniles by the State Department of Education to the extent necessary to provide adequate and appropriate educational opportunity. Adequate and appropriate educational opportunity requires education services for secure residential school-age juveniles on a twelve-month basis, excepting only normal school holidays and those additional days determined by the State Board of Education in consultation with the appropriate department head to be necessary. School personnel are responsible to the principal or lead teacher while providing educational services but shall comply with rules established by the State Board to ensure security and safety in the facility. Educational personnel employed at and by the secure residential school facility are permitted to transfer to comparable positions as school personnel of the State Department of Education if those personnel meet the qualifications established for those positions by the State Department of Education. The daily rate of pay of educational personnel employed by the State Department of Education shall be equivalent to the daily rate of pay of the comparable position in the public schools of the county where the secure residential school is located.
There shall be a separate line item account of the budget of the State Department of Education for the education of school-age juveniles in the secure residential school. All money that the Legislature may annually appropriate for that purpose shall be placed into this account. This account shall be used solely for the education of such juveniles.
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-19. Night schools and other school extension activities; use of school property for public meetings, etc.
County boards shall have authority to establish and maintain evening classes or night schools, continuation or part-time day schools, alternative schools, and vocational schools, wherever practicable to do so, and shall admit thereto adult persons and all other persons, including persons of foreign birth. County boards may admit school-age children and youth to these classes or schools under the circumstances prescribed by a State Board of Education policy governing alternative education programs: Provided, That children and youths who are expelled or suspended from school are permitted to attend evening classes or night school as an alternative school. County boards shall have authority to use school funds for the financial support of such schools and to use the schoolhouses and their equipment for such purposes. Any such classes of schools shall be conducted in accordance with the rules of the State Board.
County boards shall have authority to provide for the free, comfortable and convenient use of any school property to promote and facilitate frequent meetings and associations of the people for discussion, study, recreation and other community activities, and may secure, assemble and house material for use in the study of farm, home and community problems, and may provide facilities for the dissemination of information useful on the farm, in the home or in the community.


NOTE: The purpose of this bill is to create a secure residential school for juvenile status offenders; and to provide an alternative school for children who are expelled or suspended from regular school by permitting them to attend evening classes or night school.


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

§18-2-13i is new; therefore, strike-throughs and underscoring have been omitted.
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