HB5537 HFAT Ellington 3-14

White 3336

Delegate Ellington moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

H. B. 5537 -- “A BILL to amend and reenact §18-5-34, §18-8-1a, §18-8-2, §18-8-4, §18-8-5, §18-8-6a, §21-6-9, §49-1-202, §49-1-206, §49-4-701, §49-4-702, §49-4-702a, §49-4-711 and §49-4-712, and to repeal §18-2I-1, §18-2I-2, §18-3-13, §18-5-26, and §18-8-6 of the Code of West Virginia, 1931, as amended, relating to education; providing for temporary restriction on approval of home instruction in cases of pending child abuse or neglect investigations; directing county boards of education to adopt policies for informing county superintendents of reports of suspected child abuse or neglect; specifying that policies shall require superintendents to determine status of investigations by Department of Human Services; specifying duration of temporary restriction on approval of home instruction; providing that the compulsory school attendance requirement ends on the student’s 18th birthday; providing that students with exceptionalities may be required to meet different attendance measures; adding public charter schools to section relating to public school acceptance of student transcripts or other credentials; adding requirement that public school record class, grade and source on student’s public school transcript; and requiring report to LOCEA; removing criminal penalties for 18 year old students who are chronically absent; adding definitions for chronically absent or chronic absenteeism, student support specialist and wraparound services; providing that 18 year olds shall receive the same notice of unexcused absences as parents, guardians, and custodians; providing that upon recommendation of the teacher, social worker, or principal, the school may refer the student to the Department of Human Services for wraparound services; providing that a student who is 18 years old and has 10 unexcused absences shall be advised of the consequences of failing to comply with attendance policies; adding coordination of wraparound services Department of Human Services to county attendance director duties; removing obsolete or conflicting statutory language regarding principal, administrative head, or other chief administrator duties and clarifying their duty to ensure compliance with compulsory attendance requirements; providing that if a student who is under 18 years of age is found to be chronically absent, the county prosecutor may petition the circuit court for protection of the student as a child in need of supervision pursuant to juvenile justice provisions; amending legislative appropriation language to match new definitions; removing reference to truancy officers in child labor enforcement section; removing truancy as a status offense and defining child in need of supervision; clarifying that the definition of student support specialist includes the powers and duties of truancy support specialist; replacing references to truancy support specialist with student support specialist; establishing juvenile jurisdiction of circuit courts for juveniles who are chronically absent; providing timeline and parameters for transition from truancy as a status offense to a finding of a child in need of supervision; providing that all remaining truancy status offenses that have not been converted to a petition for protection of a child in need of supervision shall be dismissed, effective July 1, 2027; providing for concurrent jurisdiction of circuit courts with U.S. District Courts in the state over certain juvenile delinquency and status offenses; providing that chronically absent students may be referred to a prepetition diversion program; clarifying the court’s role in monitoring prepetition diversion programs; providing that chronically absent students may be referred noncustodial counseling or community services; removing truancy reference from status offense provisions; clarifying the court’s role in providing intervention on behalf of a child in need of supervision; providing that a child in need of supervision may not be place in out-of-home placement or a Bureau of Juvenile Services facility; and making technical changes throughout”; repealing obsolete sections of Education code and making technical changes.

Adopted

Rejected