(a) The state board of education and the department of health and human resources
are authorized to provide for adequate and appropriate education opportunities for
school-age juveniles placed in the following residential facilities as a result of
proceedings commenced under the provisions of chapters twenty-seven and forty-nine
of this code: Davis-Stuart, Inc., located in Lewisburg, West Virginia; the Elkins
Mountain School, located in Elkins, West Virginia; the Abraxas Foundation of West
Virginia, located in Waverly, West Virginia; and the Barboursville School, located
in Barboursville, West Virginia.
(b) Subject to appropriations by the Legislature, the state board shall have the following
authority: (1) To provide education programs and services for school-age juveniles
on the grounds of residential facilities, pursuant to agreements with the department
of health and human resources and the licensed child-care agencies of such department;
(2) To hire classroom teachers and other school personnel necessary to provide adequate
and appropriate education opportunities to these juveniles; and (3) To provide education
services for school-age juveniles in residential facilities on a twelve-month basis.
(c) The department of health and human resources shall cooperate with the state board
and the state superintendent in the establishment and maintenance of education programs
authorized under this section. Subject to appropriations by the Legislature, the department of health and human
resources shall provide, or cause to be provided, adequate space and facilities for
such education programs. The state board shall not be required to construct, improve or maintain any building,
other improvement to real estate or fixtures attached thereto at any residential facility
for the purpose of establishing and maintaining an education program.
(d) The state board of education and the department of health and human resources
are authorized to enter into agreements to provide adequate and appropriate education
opportunities for school-age juveniles who are placed in residential facilities other
than the facilities identified in this section.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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