H. B. 2064
(By Delegates Doyle
[Introduced January 14, 1998
; referred to the
Committee on Education then Finance.]
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-i; and to amend and reenact section nineteen,
article five of said chapter, 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 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-i; and that section nineteen, article five of said
chapter 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 to be incorrigible, runaway children or
truant children or children who are otherwise declared to be
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
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
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 shall be
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 shall be 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.
The board of education of any district or independent
district shall have authority to establish and maintain evening
classes or night schools, continuation or part-time day schools,
and vocational schools, wherever practicable to do so, and shall
admit thereto adult persons and all other persons, including
persons of foreign birth, but excepting children and youths who
are required by law to attend day schools: Provided, That
children and youths who are expelled or suspended from school
shall be permitted to attend evening classes or night school as
an alternative school. Boards of education 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
and regulations of the state board of education.
The board of education of any district or independent
district shall have authority also 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.
§18-2-13i is new; therefore, strike-throughs and
underscoring have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.