H. B. 2297
(By Delegates Mezzatesta, Manuel, Williams,
Anderson, Shelton and Ennis)
[Introduced
February 19, 2001
; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section fifteen-c, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
county boards of education to conduct a criminal background
check through the federal bureau of investigation in addition
to the state criminal identification bureau.
Be it enacted by the Legislature of West Virginia:
That section fifteen-c, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-15c. County boards of education; training in prevention of
child abuse and neglect and child assault; regulations; funding.
(a) In recognition of the findings of the Legislature as set
forth in section one, article six-c, chapter forty-nine of this
code, the Legislature further finds that public schools are able to
provide a special environment for the training of children, parents
and school personnel in the prevention of child abuse and neglect
and child assault and that child abuse and neglect prevention and
child assault prevention programs in the public schools are an
effective and cost-efficient method of reducing the incidents of
child abuse and neglect, promoting a healthy family environment and
reducing the general vulnerability of children.
(b) County boards of education shall be required, to the
extent funds are provided, to establish programs for the prevention
of child abuse and neglect and child assault.
Such The
programs
shall be provided to pupils, parents and school personnel as deemed
considered appropriate. Such programs shall be in compliance with
regulations to be developed by the state board of education with
the advice and assistance of the state department of human services
and the department of public safety West Virginia state police:
Provided, That any such programs which substantially comply with
the regulations adopted by the board and were in effect prior to the adoption of the regulations may be continued.
(c) Funds for implementing the child abuse and neglect
prevention and child assault prevention programs may be allocated
to the county boards of education from the children's trust fund
established pursuant to the provisions of article six-c, chapter
forty-nine of this code or appropriated for such purpose by the
Legislature.
(d) County boards of education shall request from the federal
bureau of investigation and the state criminal identification
bureau the record of any and all criminal convictions relating to
child abuse, sex-related offenses or possession of controlled
substances with intent to deliver same for all of its future
employees. This request shall be made immediately after the
effective date of this section, and thereafter as warranted.
NOTE: The purpose of this bill is to require county boards of
education to conduct a criminal background check through the
Federal Bureau of Investigation in addition to the state criminal
identification bureau.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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