HB5537 SFA Weld #1 3-13
Wolfe 7816
Senators Weld, Charnock, Clements, Deeds, Garcia, Grady, Hamilton, Jeffries, Z. Maynard, Phillips, Queen, Takubo, Tarr, Woelfel, and Woodrum moved to amend the committee amendment on page 1, by striking out everything after the Article 5 heading and inserting in lieu thereof the following:
§1. Repeal of section related to School Buildings as Child Care Facilities.
That §18-5-26 of the Code of West Virginia, 1931, as amended, is repealed.
The district Board of Education shall exercise such other authority and perform such other duties as may be prescribed by law or by the regulations of the state Board of Education.
(a) County boards may not approve home instruction under the provisions of §18-8-1 of this code for a currently enrolled public school or public charter school student if there is a pending child abuse or neglect investigation against a custodial parent or guardian with whom the child resides, or against a person that would assume responsibility as the primary provider of home instruction for the child, that has been initiated by a school teacher or other school personnel pursuant to the mandatory reporting requirements of §49-2-803 of this code.
(b) Each county board shall adopt a policy requiring any school teacher or other school personnel who makes a report of suspected child abuse or neglect to inform the county superintendent of the child’s school district within 24 hours of that report being made to the Department of Human Services.
(c) The policy adopted by the county board shall also require that, within 24 hours of receiving notice of the report, the county superintendent shall inquire whether or not an investigation into the reported abuse or neglect has been initiated by the Department of Human Services. The department shall provide confirmation to the superintendent within 48 hours of receipt of the request.
(d) Unless another eligibility requirement prevents approval of home instruction, a county board shall approve home instruction in accordance with the provisions of §18-18-1 of this code if:
(1) The county board receives a written determination by the Department of Human Services that the child abuse or neglect investigation is unfounded or has been closed as unsubstantiated; or
(2) No substantiation of the investigation has been provided by the department to the county board within 10 days of the report being made.
(e) This section shall be known as “Raylee’s Law”.
That §18-8-6 of the Code of West Virginia, 1931, as amended, is repealed.
Adopted
Rejected