HB5180 HFA Fluharty et al 2-23 revised amended and reformed

Altizer - 3259

Delegates Fluharty, Kirby, Winzenreid, Steele, Hansen, Hamilton, Hansen, Hornbuckle, Garcia, Griffith, Lewis, Pushkin, Rowe, Young and Williams move to amend Com Sub for HB5180 on page 1, Section 1, line 20, following the word "code" by striking out the period, inserting a colon and the following proviso:

"Provided, That the county board may not authorize a currently enrolled  public school student to be instructed in the home if there is a pending child abuse or neglect investigation pursuant to §49-2-801 et seq. of this code, against a custodial parent or guardian with whom the child resides, or a person instructing the child, that is initiated by a schoolteacher or other school personnel within the child's school district pursuant to the mandatory reporting requirements of §49-2-803 of this code. The county superintendent shall develop and institute a policy, to ensure the county superintendent is contacted when a report of suspect abuse and neglect is made by a school teacher or other school personnel pursuant to the provisions of §49-2-803. Upon determination by the county superintendent that an investigation has been initiated, the superintendent shall request confirmation of case status from the Department of Human Services, which shall provide confirmation within 48 hours of receipt of the request.  Unless another eligibility requirement prevents approval, if the complaint is not substantiated within 14 days of initiation, the superintendent shall authorize home instruction."