WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 3241
By Delegates Pushkin and Hamilton
[Introduced March 07, 2025; referred to the Committee on Education then Finance]
A BILL to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to removing language requiring specific appropriations in order for the State Board of Education, State Department of Education, and the State Superintendent of Schools to provide education to children and adults housed in correctional facilities and regional jails.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
(a) The State Superintendent of Schools shall organize, promote, administer, and be responsible for:
(1) Providing leadership and support to local educational agencies (LEA) in establishing, organizing, and maintaining a continuum of services for students with exceptionalities.
(2) Stimulating and assisting county boards of education in establishing, organizing, and maintaining special schools, classes, regular class programs, home-teaching, and visiting-teacher services.
(2)(3) Cooperating with all other public and private agencies engaged in providing medical, mental health, educational, or respite services, for students with exceptionalities relieving, caring for, curing, educating, and rehabilitating students with exceptionalities, and in helping coordinate the services of such agencies.
(3)(A)(4)(A) Preparing the necessary rules, policies, and formulas for distribution of available appropriated funds, reporting forms, and procedures necessary to define minimum standards in providing suitable facilities for education of students with exceptionalities and ensuring the employment, certification, and approval of qualified teachers and therapists subject to approval by the State Board of Education: Provided, That no state rule, policy or standard under this article or any county board rule, policy, or standard governing special education may exceed the requirements of federal law or regulation.
(B) A separate appropriation shall be made to the Department of Education to be disbursed to county boards and public charter schools authorized pursuant to §18-5G-1 et seq. of this code to assist them with serving exceptional students with high cost/high acuity exceptional needs that exceed the capacity of the local educational agency (LEA) to provide with funds available. Each local educational agency (LEA) shall apply to the state superintendent to receive this funding in a manner set forth by the state superintendent that assesses and takes into account varying acuity levels of the students with exceptionalities. Any remaining funds at the end of a fiscal year from the appropriation shall be carried over to the next fiscal year. When possible, federal funds shall be disbursed to local educational agencies (LEAs) for this purpose before any of the state appropriation is disbursed. The state board shall promulgate a rule in accordance with the provisions of §29A-3B-1 et seq. of this code that implements the provisions of this subdivision relating to disbursing the funds to the local educational agencies (LEAs). The rule at least shall include a definition for "children with high acuity needs".
(4) Receiving from local educational agencies (LEAs) their applications, annual reports, and claims for reimbursement from such moneys as are appropriated by the Legislature, auditing such claims, and preparing vouchers to reimburse said local educational agencies the amounts reimbursable to them.
(5) Assuring Ensuring that all students with exceptionalities in the state, including students in mental health facilities, residential institutions, private schools receiving public funds and correctional facilities as provided in §18-2-13f of this code receive an education in accordance with state and federal laws: Provided, That the state superintendent shall also assure ensure that adults in correctional facilities and regional jails receive an education. to the extent funds are provided therefor and to the extent that those adult students are still eligible to receive a free appropriate public education (FAPE).
(6) Performing other duties and assuming other responsibilities in connection with this program as needed.
(b) Nothing contained in this section shall may be construed to prevent any local education agency (LEA) from establishing and maintaining a full continuum of services for students with exceptionalities out of funds available from local revenue.
NOTE: The purpose of this bill is to remove language requiring specific appropriations in order for the State Board of Education, State Department of Education, and the State Superintendent of Schools to provide education to children and adults housed in correctional facilities and regional jails.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.