SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home

Introduced Version Senate Bill 623 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 623

(By Senators Plymale, Chafin, Cole, Stollings, Cookman, Cann and Jenkins)

____________

[Introduced March 22, 2013; referred to the Committee on Education; and then to the Committee on Finance.]

____________

 

 

 

A BILL to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to allowing certain funding for supporting children with high acuity needs to also be used to fund probation officer positions needed to address truancy; and making technical corrections.

Be it enacted by the Legislature of West Virginia:

    That §18-20-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.

§18-20-5. Powers and duties of state superintendent.

    (a) The State Superintendent of Schools shall organize, promote, administer and be responsible for:

    (1) Stimulating and assisting county boards of education in establishing, organizing and maintaining special schools, classes, regular class programs, home-teaching and visiting-teacher services.

    (2) Cooperating with all other public and private agencies engaged in relieving, caring for, curing, educating and rehabilitating exceptional children, and in helping coordinate the services of such agencies.

    (3) (A) Preparing the necessary rules, policies, formula for distribution of available appropriated funds, reporting forms and procedures necessary to define minimum standards in providing suitable facilities for education of exceptional children and ensuring the employment, certification and approval of qualified teachers and therapists subject to approval by the state Board of Education board: Provided, That no state rule, policy or standard under this article or any county board rule, policy or standard governing special education may exceed the requirements of federal law or regulation.

    (B) The state superintendent annually shall annually review the rules, policies and standards of the state and federal law for serving the needs of exceptional children enrolled in the public schools and shall report to the Legislative Oversight commission on education accountability by December 1, or as soon thereafter as requested by the commission, 2008, and in each year thereafter, the findings of the review along with an accounting of the services provided and the costs thereof for exceptional children enrolled in the public schools of this state during the latest available school year. An appropriation shall be made to the Department of Education to be distributed to county boards to support children with high acuity needs that exceed the capacity of the county to provide with funds available and to fund probation officer positions that are needed to address truancy. Each county board shall apply to the state superintendent for receipt of this funding in a manner set forth by the state superintendent that assesses and takes into account varying acuity levels of the exceptional students and the need for additional probation officer positions to address truancy. Any remaining funds at the end of a fiscal year from the appropriation shall be carried over to the next fiscal year. When possible, federal funds shall be distributed to county boards for this purpose these purposes before any of the state appropriation is distributed: Provided, That if the state board determines that using any federal funds to fund probation officer positions that are needed to address truancy would be contrary to federal law, those federal funds for which the finding is made only may be used to support children with high acuity needs that exceed the capacity of the county to provide with funds available. The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code that implements the provisions of this subdivision relating to distributing the funds to the county boards. The rule at least shall include a definition for “children with high acuity needs”.

    (4) Receiving from county boards of education their applications, annual reports and claims for reimbursement from such moneys as are appropriated by the Legislature, auditing such claims and preparing vouchers to reimburse said counties the amounts reimbursable to them.

    (5) Assuring that all exceptional children in the state, including children in mental health facilities, residential institutions, private schools and correctional facilities as provided in section thirteen-f, article two of this chapter receive an education in accordance with state and federal laws: Provided, That the state superintendent also shall also assure that adults in correctional facilities and regional jails receive an education to the extent funds are provided therefor.

    (6) Performing other duties and assuming other responsibilities in connection with this program as needed.

    (7) Receive Receiving the county plan for integrated classroom classrooms submitted by the county boards of education and submit a state plan, approved by the state board, of Education to the Legislative Oversight Commission on Education Accountability no later than December 1, 1995.

    (b) Nothing contained in this section shall may be construed to prevent any county board of education from establishing and maintaining special schools, classes, regular class programs, home-teaching or visiting-teacher services out of funds available from local revenue.



_____________


    (NOTE: The purpose of this bill is to allow certain funding for the support of children with high acuity needs to also be used to fund probation officers needed to address truancy.



    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2021 West Virginia Legislature ****


X

Print On Demand

Name:
Email:
Phone:

Print