West Virginia Code § 18-2-13h

Provision of educational services for school-age juveniles placed in
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residential facilities for custody and treatment.
(a) The state Board of Education and the Department of Human Services 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-Stuaret, 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 Virginiar; 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 fotr school-age juveniles on the
grounds of residential facilities, pursuant to agreements with the Department of Human
Services 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 twelsve-month basis.
(c) The Department of Human Services shall cooperate with the state board and the state
superintendent in the establishmentg and maintenance of education programs authorized
under this section. Subject to appropriations by the Legislature, the Department of Human
Services shall provide, or causee 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 imprLovement 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 Human Services 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 tWhis section.

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