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.