H. B. 4065
(By Delegates Givens, Douglas,
Fleischauer, Facemyer and Trump)
[Introduced January 23, 1998; referred to the
Committee on Education then Finance.]
A BILL to amend article five-e, chapter forty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six, relating to the provision of education opportunities to
juveniles in secure predispositional detention centers; and
providing that the state department of education is
responsible for providing education opportunities to such
juveniles.
Be it enacted by the Legislature of West Virginia:
That article five-e, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six,
to read as follows:
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-6. Provision of educational services for juveniles placed in predispositional detention facilities.
(a) The state board of education and the division of
juvenile services are authorized to provide for adequate and
appropriate education opportunities for juveniles placed in
secure predispositional detention centers operated by or under
contract with the division of juvenile services.
(b) Subject to appropriations by the Legislature, the state
board is authorized: (1) To provide education programs and
services for juveniles on the grounds of secure predispositional
detention centers; (2) to hire classroom teachers and other
school personnel necessary to provide adequate and appropriate
education opportunities to these juveniles; and (3) to provide
education services for such detained juveniles on a twelve-month
basis.
(c) The division of juvenile services shall cooperate with
the state board and the state superintendent in the establishment
and maintenance of education programs authorized under this
section. Subject to appropriations by the Legislature, the
division of juvenile services shall provide, or cause to be
provided, adequate space and facilities for such education
programs. The state board may not be required to construct,
improve or maintain any building, other improvement to real
estate or fixtures attached thereto at any secure predispositional detention center for the purpose of establishing
and maintaining an education program.
(d) The state board is authorized to develop and approve
rules for the education of juveniles in secure predispositional
detention centers.
NOTE: The purpose of this bill is to provide that the State
Board of Education is responsible for providing education to
juveniles in secure predispositional detention centers rather
than county boards wherein the centers are located, as has been
the practice.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
This bill is recommended for passage in the 1998 session by
the Joint Legislative Task Force on Juvenile Foster Care,
Detention and Placement.