H. B. 2478
(By Delegates Greear, Walters, Hall, Hunt,
Amores and Seacrist)
[Introduced February 14, 1995; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section nine, article two, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
one, article five-a, chapter forty-nine of said code; and to
amend and reenact section one, article seven of said chapter
forty-nine, all relating to requiring juvenile referees to
notify appropriate school principals when students are
adjudicated as juvenile delinquents as the result of
activities involving the violence or the threat of violence
or the use of a deadly weapon; requiring principals to
notify appropriate teachers or school counselors who
regularly come in contact with a student adjudicated as a
juvenile delinquent as the result of such activity, upon
receiving the information regarding same from the juvenile
referee; and exempting principals and referees from the
criminal provisions involving the breach of confidentiality involving divulging information relative to juvenile
proceedings for the limited purpose of identification and
notification under the provisions requiring such
identification and notification by referees and principals.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter eighteen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section one, article
five-a, chapter forty-nine of said code be amended and reenacted;
and that section one, article seven of said chapter forty-nine
be amended and reenacted, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-9. Duties and responsibilities of school principals;
assistant principals.
Upon the recommendation of the county superintendent of
schools, the county board of education shall employ and assign,
through written contract, public school principals who shall
supervise the management and the operation of the school or
schools to which they are assigned. Notwithstanding any provision
of law to the contrary, principals shall also be required to
notify any teacher, school counselor or other school employee of
the name of any student who has been adjudicated as a juvenile
delinquent as the result of any activity involving violence, the
threat of violence or the use of a deadly weapon, upon being advised of such adjudication, under the provisions of section
one, article five-a, chapter forty-nine of this code, in the
event such teacher, school counselor or other school employee
regularly, and as a part of their duties at such school, comes
into contact with such student. Such principals shall hold valid
administrative certificates appropriate for their assignments.
Beginning on the first day of July, one thousand nine
hundred ninety-four, the prerequisites for issuance of an
administrative certificate for principals shall include that the
person has successfully completed at least six credit hours of
approved course work in public school management techniques at an
accredited institution of higher education and has successfully
completed education and training in evaluation skills through the
center for professional development, or equivalent education and
training in evaluation skills approved by the state board.
Under the supervision of the superintendent and in
accordance with the rules and regulations of the county board of
education, the principal shall assume administrative and
instructional supervisory responsibility for the planning,
management, operation and evaluation of the total educational
program of the school or schools to which he is assigned.
The principal may submit recommendations to the
superintendent regarding the appointment, assignment, promotion,
transfer and dismissal of all personnel assigned to the school or schools under said principal's control. Such recommendation
shall be submitted in writing as prescribed by the
superintendent.
The principal shall perform such other duties as may be
assigned by the superintendent pursuant to the rules and
regulations of the county board of education.
Upon recommendation of the county superintendent of schools,
the county board of education shall, when needed, employ and
assign, through written contract, assistant principals who shall
work under the direction of the school principal. Such assistant
principals shall hold valid administrative certificates
appropriate for their assignments.
On or before the first day of July, one thousand nine
hundred eighty-nine and continuing thereafter, each county board
of education shall assign a certificated principal to each school
and no principal may be assigned more than two schools:
Provided, That where enrollment exceeds four hundred students
there will be no additional schools assigned to that principal.
No principal assigned to more than one school may be
assigned any teaching duties except on a temporary emergency
basis. No county shall have more teaching principalships or
multi-school principalships than was present on the first day of
January, one thousand nine hundred eighty-eight.
On or before the first day of July, one thousand nine hundred ninety-three and continuing thereafter, each county board
of education shall employ a full-time supervising principal at
each school whose net enrollment equals or exceeds one hundred
seventy students. A principal assigned to a school with a net
enrollment equal to or greater than one hundred seventy students
may not be assigned any teaching duties except on a temporary
emergency basis. When a principal is assigned on a full-time
basis to a school whose net enrollment is more than seventy-five
students but less than one hundred seventy students, such
principal shall have a minimum of twenty hours per week for
nonteaching duties. A principal assigned on a full-time basis to
a school with seventy-five students or less shall have a minimum
of ten hours per week for nonteaching duties: Provided, That
nothing in this section prohibits a county board of education
from assigning a full-time supervising principal to a school with
a net enrollment of less than one hundred seventy students.
Nothing contained in this section shall be construed to
reduce or limit the rights and privileges of principals and
assistant principals as teachers under the provisions of section
one, article one, chapter eighteen of the code of West Virginia
as amended; section one, article one, chapter eighteen-a; and
other provisions of this code: Provided, That on or before the
first day of July, one thousand nine hundred ninety-three, the
state board of education shall not deny a county board of education the right to place a principal in a school with less
than one hundred seventy students.
ARTICLE 5A. JUVENILE REFEREE SYSTEM.
§49-5A-1. Juvenile referee; qualifications; compensation;
authority; "child," etc., defined.
In each county, the judge or judges of the circuit court may
appoint one person who is qualified by education and experience
to serve as juvenile referee on a full-time or part-time basis
who shall serve at the will and pleasure of the appointing court.
The salary of such referee shall be fixed by the court in
accordance with the rules of the supreme court of appeals, and
shall be paid out of the state treasury. It shall be the duty of
the referee to hold any detention hearing determined necessary
pursuant to the provisions of section two of this article.
Notwithstanding any provision of law to the contrary it shall
also be the duty of the referee to notify any principal of a
school, of the name of any student who is enrolled at such
school, who has been adjudicated a juvenile delinquent as the
result of activity involving violence, the threat of violence or
the use of a deadly weapon, by such referee. Each referee shall
also perform such other duties as are assigned to him by the
court to carry out the purposes of this article. Referees shall
not be permitted to conduct hearings on the merits of any case.
As used in this article, the terms "child" or "children" shall have the meaning ascribed to those terms elsewhere in this
chapter.
ARTICLE 7. GENERAL PROVISIONS.
§49-7-1. Confidentiality of records.
All records of the state department, the court and its
officials, law-enforcement agencies and other agencies or
facilities concerning a child as defined in this chapter shall be
kept confidential and shall not be released: Provided, That such
records, except adoption records, juvenile court records and
records disclosing the identity of a complainant of child abuse
or neglect, shall be made available (1) where authorized by this
chapter; (2) to the child, parent, or the attorney of the child
or parent, whether or not in connection with judicial
proceedings; (3) with the written consent of the child or of
someone authorized to act in the child's behalf; or (4) pursuant
to subpoena or order of a court of record: Provided, however,
That a subpoena for such records may be quashed if the court
determines that disclosure is not for a bona fide purpose and
compromises the confidentiality intended by this section. The
official court file pertaining to the person who is the subject
of a neglect or abuse proceeding shall be open for inspection
only to the child, the child's parent or custodian, their counsel
and other parties to the proceedings before the court. No
record or information shall be transmitted to any federal or state agency except as specifically provided herein.
Except in juvenile proceedings which are transferred to
criminal proceedings, or as needed to comply with the provisions
of section nine, article two, chapter eighteen-a and section one,
article five-a, chapter forty-nine of this code, law-enforcement
records and files concerning a child shall be kept separate from
the records and files of adults and not included within the court
files. Law-enforcement records and files concerning a child shall
be open to inspection pursuant to the provisions of section
seventeen, article five of this chapter.
Any person who willfully violates this section shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in jail not
more than six months, or both such fine and imprisonment, and
shall be liable for damages in the amount of three hundred
dollars or actual damages, whichever is greater.
NOTE: The purpose of this bill is to require juvenile
referees to notify school principals of the name of any student
who is adjudicated as a juvenile delinquent as the result of
activity involving violence, the threat of violence or the use of
a deadly weapon who is enrolled at such principal's school. The
bill also requires principals, upon being notified of such
adjudication, to notify teachers or other school personnel who
come into regular contact with the student of the student's name.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.