Senate Bill No. 287
(By Senators Lucht, Felton and Grubb)
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[Introduced March 4, 1993; referred to the Committee
on Education; and then to the Committee on Finance.]
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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; responsibilities of state and county boards
of education; accreditation and standards for on-grounds
schools; transfer of funds.
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, "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.
"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. "On-grounds school" means a school
contained within the campus of a licensed facility. "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 (1) section five of this article; (2)
sections fifteen and eighteen, article five of this chapter; or
(3) section one, article twenty of this chapter.
The state board shall:
(a) 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;
(b) 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;
(c) 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;
(d) Require county boards of education to furnish identified
programs and other services to juveniles in any residential
facility or class of facilities;
(e) Develop procedures and policies for follow-up of
juveniles released to their home communities and transfer of
juveniles to public schools;
(f) 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
(g) Develop and implement a program for the accreditation ofon-grounds schools.
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 (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.
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 continuousattendance at school. Any transfer policy adopted by the state
board shall require (1) speedy transmission, by electronic means
or otherwise, of records and (2) 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. Written consent of the state board is required
as a condition for licensure of any residential facility having
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 in a manner
that will ensure communication, cooperation and participation by
and between the state board, the office of social services of thedepartment 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 (1) adequate and appropriate educational
opportunity to juveniles in residential facilities and (2)
educational placements of juveniles that ensure consideration of
less restrictive alternative placements. Adequate and
appropriate educational opportunity requires educational services
for school-age juveniles placed in residential facilities on a
twelve-month basis, excepting only normal school holidays and
those additional days determined to be necessary by the state
board in consultation with the office of social services of the
department of health and human resources. 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 consultationwith 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. However, at 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.
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 funds to be used for educational programs 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 with respect to that section.
This bill is recommended by the Legislative Commission on
Juvenile Law for passage at this session.