FLOOR BOOK MEMORANDUM                      House Committee on the Judiciary

Comm. Sub. for S.B. 252                                                     

Prepared by: Robert Williams

            (3/04/2013)                                                    Phone: 304-340-3215

                                                                                    email: robert.williams@wvhouse.gov

SPONSORS: Senators Palumbo and Nohe.

TITLE: Senate Bill No. 252, Allowing certain expelled students to return to school through Juvenile Drug Court.

DATE INTRODUCED: February 18, 2013.

CODE SECTIONS AFFECTED: W.Va. Code §18-5-1a, 18-5-1d (Amend).

IDENTICAL/SIMILAR BILLS: None.

MEMO ON SENATE BILL:  

            This bill allows a county board, county superintendent, principal or parent to refer an expelled student to a Juvenile Drug Court (JDC). If the judge determines that the student is an appropriate candidate for JDC, then the court will have jurisdiction over the student while he or she is in the program. The judge shall notify the superintendent when the student successfully completes the program or is certified by the judge as making satisfactory progress toward successful completion. Within five days of such notification the Senate Bill would require the county school superintendent to admit the student to an appropriate school in the district.

            In order to comply with the federal “Gun-Free Schools Act”, a superintendent may not reduce an expulsion period if the expulsion is the result of bringing a firearm to school.

MEMO ON HJUD AMENDMENT:

The Education Committee amendment provides for the County Superintendent to determine whether to reduce the expulsion period, subject to a recommendation by the Student Assistance Team. If the expulsion period is reduced, the student shall be placed in school by the 10^th school day following notice regarding the student’s JDC completion. The Judiciary Committee’s amendment reflects the Education Committee’s amendment, with modified language to make it clear that the Student Assistance Team only makes a recommendation to the Superintendent, and the decision to reduce the student’s expulsion is up to the Superintendent of Schools in that county.

II. SECTION DIRECTORY:

III. FISCAL ANALYSIS: No apparent fiscal impact.

IV. COMMENTS

            A. CONSTITUTIONAL ISSUES: None identified.

B. GOVERNMENT AGENCIES AFFECTED: County School Systems.

            C. RULE MAKING AUTHORITY: None.

            D. COMMITTEE REFERENCE: Education, then Judiciary.

E. TITLE ANALYSIS: Title amendment recommended by Education should be adopted.

            F. DRAFTING ISSUES OR OTHER COMMENTS: None.

            G. EFFECTIVE DATE: 90 days from passage.