H. B. 3055
(By Delegates Blair, Trump, Sumner,
Schadler and Perdue)
[Introduced February 19, 2003; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section thirteen-h, article two,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to authorizing
the department of health and human resources and the
department of education to provide adequate and appropriate
education opportunities to school-age juveniles who have been
placed in listed residential facilities; and making technical
revisions.
Be it enacted by the Legislature of West Virginia:
That section thirteen-h, article two, 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 2. STATE BOARD OF EDUCATION.
§18-2-13h. Provision of educational services for school-age
juveniles placed in residential facilities for custody and treatment.
(a) The state board of education and the department of health
and human resources are authorized to may provide for adequate and
appropriate education opportunities for school-age juveniles placed
in the following residential facilities as a result of proceedings
commenced under the provisions of chapters twenty-seven and or
forty-nine of this code: Davis-Stuart, Inc., located in Lewisburg,
West Virginia; the Elkins Mountain School, located in Elkins, West
Virginia; the Abraxas Foundation of West Virginia, located in
Waverly, West Virginia; and the Barboursville School, located in
Barboursville, West Virginia; Burlington United Methodist Group
Home, located in Beckley, West Virginia; the Pine Valley School and
Group Home, Inc., located in Berkeley Springs, West Virginia; the
Pressley Ridge Schools of West Virginia; and the Children's Home
Society of West Virginia.
(b) Subject to appropriations by the Legislature, the state
board shall have the following authority may: (1) To Provide
education programs and services for school-age juveniles on the
grounds of residential facilities, pursuant to agreements with the
department of health and human resources and the licensed
child-care agencies of such department; (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 school-age juveniles in residential facilities on a twelve-month basis.
(c) The department of health and human resources 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 department of health and human resources shall provide, or
cause to be provided, adequate space and facilities for such
education programs. The state board shall may not be required to
construct, improve or maintain any building, other improvement to
real estate or fixtures attached thereto at any residential
facility for the purpose of establishing and maintaining an
education program.
(d) The state board of education and the department of health
and human resources are authorized to may enter into agreements to
provide adequate and appropriate education opportunities for
school-age juveniles who are placed in residential facilities other
than the facilities identified in this section.
NOTE: The purpose of this bill is to authorize the Department
of Health and Human Resources and the State Department of Education
to provide adequate and appropriate education opportunities for
juveniles placed in certain residential facilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.