HB5089 HFA Fluharty 3-2

Altizer - 3259

Delegate Fluharty moves to amend Com Sub for HB5089 on page 3, Section 1a,  line 24, 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 suspected child abuse or neglect is made by a schoolteacher or other school personnel pursuant to the provisions of §49-2-803 of this code. 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 or 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."