Bill Text: WV SB528 | 2017 | Regular Session | Introduced
Bill Title: Establishing process to provide student is ineligible for home instruction exemption
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-03-07 - To Education [SB528 Detail]
Download: West_Virginia-2017-SB528-Introduced.html
WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 528
By Senators Mann, Stollings, Romano and Mullins
[Introduced March 7, 2017;
Referred
to the Committee on Education]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-1b, relating to establishing process for providing that a student is not eligible for either home instruction exemption after the complaint required after ten total unexcused absences from school is filed, for the duration of legal proceedings relating to failing to cause a certain child under eighteen to attend school and at any point after conviction of the same offense; allowing investigation to determine whether the child is a neglected child due to refusal, failure or inability to supply the child with necessary education; requiring report to Department of Health and Human Resources if investigation reveals reasonable cause to suspect that the child is an abused child or a neglected child or reveals conditions that are likely to result in abuse or neglect; requiring that if the investigation reveals reasonable cause to suspect that the child is a neglected child due to refusal, failure or inability to supply the child with necessary education the county board of education shall hold a hearing to determine whether the home instruction would result in the child not being provided with an adequate education; and excluding application of these provisions to certain children.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-8-1b, to read as follows:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-1b. Ineligibility for home instruction exemptions in certain truancy related instances.
(a) Once a complaint is filed pursuant to section four of this article against a parent, guardian or custodian, for the duration of any legal proceedings pursuant to sections two or four of this article in which the parent, guardian or custodian is the defendant and at any point after a conviction of a parent, guardian or custodian pursuant to sections two or four of this article, if a request for home instruction for the child of the parent, guardian or custodian or a sibling of that child is made or if a notice of intent to provide home instruction to the child of the parent, guardian or custodian or a sibling of that child is presented pursuant to section one of this article, the superintendent or county board may cause an investigation to be made to determine whether the child is a neglected child, as defined in section two hundred one, article one, chapter forty-nine of this code, due to refusal, failure or inability to supply the child with necessary education.
(b) If the investigation reveals reasonable cause to suspect that the child is an abused child or a neglected child as those terms are defined in section two hundred one, article one, chapter forty-nine of this code or if the investigation reveals conditions that are likely to result in abuse or neglect, the abuse, neglect or conditions shall be reported immediately, and not more than forty-eight hours after suspecting this abuse or neglect, to the Department of Health and Human Resources pursuant to section eight hundred three, article two, chapter forty-nine of this code. If the investigation reveals reasonable cause to suspect that the child is a neglected child due to refusal, failure or inability to supply the child with necessary education, the county board also shall hold a hearing to determine whether the home instruction would result in the child not being provided with an adequate education.
(c) Prior to the hearing, the county board shall cause a written notice to be served upon the parent(s), guardian(s) or custodians(s), as applicable. The notice shall set forth the purpose of the hearing and a date and time at which the hearing shall be held. The parent(s), guardian(s) or guardian(s) may be represented by counsel, may call their own witnesses and may confront and cross examine witnesses. The superintendent may apply to a circuit judge or magistrate for authority to subpoena witnesses and documents, upon his or her own initiative. Upon the written request of any other party, the superintendent shall apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on behalf of the other party in a determination before a county board. If the authority to subpoena is granted, the superintendent shall subpoena the witnesses, documents or both requested by the other party. If the authority to subpoena is granted, it shall be exercised in accordance with section one, article five, chapter twenty-nine-a of this code. The hearing shall be recorded by mechanical means unless recorded by a certified court reporter. The state board may adopt other supplementary rules of procedure to be followed in these hearings.
(d) If during or after the hearing the county board determines that home instruction would result in the child not being provided with an adequate education, notwithstanding any provisions of section one of this article to the contrary, the student is not eligible for either home instruction exemption set forth in that section.
(e) This section does not apply to any child if the parent(s), guardian(s) or custodian(s) referred to in this section no longer have custody of the child and does not apply to the sibling(s) of the child if the parent(s), guardian(s) or custodian(s) referred to in this section never or no longer have custody of the sibling.
NOTE: The purpose of this bill is to establish a process for providing that a student is not eligible for either home instruction exemption once certain truancy related legal proceedings begin or after a conviction.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
