H. B. 4317


(By Delegates Brown and Douglas)
[Introduced February 2, 1994; referred to the
Committee on Education.]




A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen-h, relating to the education of juveniles in the custody of the department of health and human resources; responsibility of state board of education to develop programs and policies; responsibility of county boards; accreditation and standards for on-grounds schools; and transfer of funds.

Be it enacted by the Legislature of West Virginia:

That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirteen-h, to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.

§ 18-2-13h. Responsibility for provision of educational services for juveniles in the custody of the department of health and human resources; definitions; responsibilities of state and county boards of education; accreditation and standards for on - grounds schools; transfer of funds.

(a) The state board is responsible for developing and monitoring programs for the education of all school-age juveniles in the custody of the department of health and human resources and placed in foster homes or residential facilities within the state through proceedings under article five or six of chapter forty-nine of this code.

As used in this section:
(1) "Residential facility" means a place or institution either operated by the state or any county of the state, or licensed by the office of social services of the department of health and human resources, and used for the lawful custody and treatment of juveniles;
(2) "Class of facilities" means a classification established by this code or a licensing classification for licensed or approved facilities established by regulation of the department of health and human resources;
(3) "On-grounds school" means a school contained within the campus of a licensed facility;
(4) "School-age juvenile" means any individual who is entitled to attend or who would, if not institutionalized, be entitled to attend the public schools in accordance with (i) section five of this article, (ii) sections fifteen and eighteen, article five of this chapter, or (iii) section one, article twenty of this chapter.
(b) The state board shall:
(1) Develop standards for the provision of educational services by county boards of education pursuant to section five, article five-b, chapter forty-nine of this code, to status offenders housed in rehabilitative facilities;
(2) Develop standards for the provision of educational services at on-grounds schools to juveniles who have been adjudicated delinquent for conduct which would be a crime if committed by an adult. The standards shall include provision for enrollment in programs available to public school students in the county and transfer to public schools for juveniles whose needs and progress indicate that such enrollment or transfer is necessary or desirable;
(3) Establish criteria for assessing whether the needs of juveniles or any class of juveniles at any facility or class of facilities require the provision of services at an on-grounds school, and may require the closure of on-grounds schools at licensed facilities;
(4) Require county boards of education to furnish identified programs and other services to juveniles in any residential facility or class of facilities;
(5) Develop procedures and policies for follow-up of juveniles released to their home communities and transfer of juveniles to public schools;
(6) Develop a plan for servicing the special educational needs of abused or neglected children in the custody of the department of health and human resources and placed in foster homes; and
(7) Develop and implement a program for the accreditation of on-grounds schools.
None of the provisions required under this subsection may be implemented without input and comment from the department of health and human resources, private providers and others having an integral interest in the population served as determined by the state board.
(c) Accreditation standards for on-grounds schools may vary in accordance with the mission of a particular class of facilities and the special educational needs of the children served, and on-grounds schools accredited pursuant to this section are specifically exempt from the provisions of section five, article two-e of this chapter. On-grounds schools are specifically exempt from the requirements of article six of this chapter. The provisions of article twenty of this chapter are specifically made applicable to juveniles enrolled in on-grounds schools. Any on-grounds educational program shall provide the following: (1) Instruction by certified teachers; (2) flexibility in instructional programs in accordance with the educational needs of the children served; (3) individual planning for each child in residence for thirty days or longer; (4) emphasis on basic skills; (5) access to vocational education for juveniles whose needs and progress indicate that vocational education is necessary or desirable; and (6) provision for enrollment in programs available in local public schools and provision of services by local public schools for juveniles whose needs and progress indicate that such enrollment or services is necessary or desirable.
(d) When placement or release of a juvenile to or from a facility or foster home results in transfer between an on-grounds school and a public school or from one public school to another, the transfer shall be effected in accordance with policies of the state board and in a manner that will ensure continuous attendance at school. Any transfer policy adopted by the state board shall require speedy transmission, by electronic means or otherwise, of records and verbal contact between the sending and receiving school.
The department of health and human resources shall require provision of adequate space for educational programs as a condition for licensure of residential facilities having on-grounds schools. When a new residential facility is being created for the target population covered in this subsection, written consent of the state board is required as a condition of establishing an on-grounds school. The state board is not required to construct, improve, or maintain any building, improvement to real estate or fixtures attached thereto at any on-grounds school. The construction of school buildings and capital improvements financed pursuant to article nine-d of this chapter at residential facilities operated by the state or any county of the state is not prohibited. The state board and county boards shall furnish, share or lend, in accordance with policies of the state board developed pursuant to this section, library services, computer or other equipment or access to equipment for the provision of educational services at on-grounds schools to juveniles whose needs and progress indicate that such services are necessary or desirable.
All policies and programs developed and implemented with respect to a residential facility shall be developed with communication, cooperation and participation by and between the state board, the office of social services of the department of health and human resources, the county board, the local public schools and the facility. County boards of education shall furnish all programs and services identified and required by the state board.
Programs and policies developed pursuant to this section shall provide adequate and appropriate educational opportunity to juveniles in residential facilities and educational placements of juveniles that ensure consideration of less restrictive alternative placements. Adequate and appropriate educational opportunity requires educational services on a twelve-month basis for certain juveniles as determined by standards developed by the state board in consultation with the office of social services. Twelve month programs will be implemented to the extent funds are provided therefor or made available. The state board may develop standards permitting summer enrichment or alternative education opportunity programs which vary in hours and content from the regular school year program for a facility or class of facilities, except that programs for guided reading and basic literacy skills shall be included in any summer program.
The full-time director of educational services employed by the department of education pursuant to the provisions of section thirteen-f of this article has the primary responsibility for the implementation of this section. Accreditation standards for on-grounds schools at residential facilities shall be developed by the office of accreditation of the state board in consultation with the director of educational services. Classroom teachers and other school personnel shall be hired and provided as necessary for all juveniles enrolled in on-grounds schools at any residential facility by the county board of education in the county where the facility is located: Provided, That on-grounds schools providing educational services primarily to juveniles who have been adjudicated delinquent for conduct which would be a crime if committed by an adult, classroom teachers and other school personnel shall be hired and provided as necessary by the state board. The daily rate of pay of educational personnel employed in residential facilities shall be equivalent to the daily rate of pay of the comparable position in the public schools of the county where the facility is located; Provided, however, That all education personnel employed in the residential facilities shall be afforded all rights, privileges and benefits established for education personnel under article seven, chapter eighteen-a of this code.
On the effective date of this section, the department of health and human resources shall identify and transfer to the department of education, by interdepartmental transfer, all funds identified as state funding used for funding in classrooms for juveniles in residential facilities.



NOTE: The purpose of this bill is to require the State Board of Education to develop and monitor educational programs for juveniles in the custody of the Department of Health and Human Resources and placed in residential facilities; to develop accreditation standards for on-grounds schools; and to identify programs and services to be provided by county boards of education.

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