(a) The West Virginia Department of Education in collaboration with the Secretary of Health and Human Resources shall:
(1) On or before January 1, 2023, develop, produce, and disseminate an eight-hour education program for people employed in or to be employed in the care, housing, and education of disabled children as well as their supervisory personnel and administrators. The program shall include, but not be limited to, the legal duties of persons so employed, the behavioral characteristics associated with different disabling conditions, symptoms of disabling conditions and appropriate interventions necessary to support a child in a particular setting. Successful completion of the program shall be mandatory for state, county, and municipal employees engaged in the care, housing, and education of disabled children as well as their supervisory personnel and administrators on and after July 1, 2023; and
(2) On or before January 1, 2023, investigate the availability and implementation cost of a program for public schools and government operated programs for disabled children which allows parents, guardians, and custodians to remotely view classrooms and other areas where disabled children are taught, housed, or cared for and provide copies of the findings and proposals to the President of the Senate and the Speaker of the House of Delegates prior to the first day of the 2023 Regular Session of the Legislature.
(3) To the extent practicable the program shall consider and include input from family members and caregiving of disabled children.
(b) On or before January 1, 2023, the West Virginia Prosecuting Attorneys Institute in collaboration with the Law Enforcement Professional Standards subcommittee on the Governors Committee on Crime Delinquency and Correction shall develop a three-hour mandatory educational program for prosecuting attorneys and law enforcement officers that offers education:
(1) As to the provisions of this article; and
(2) In the investigation and prosecution of crimes against disabled children.
(3) To the extent practicable the program shall consider and include input from family members and caregiving of disabled children.
(c) The State Board of Education shall create a database which identifies school employees who are under active investigation for misconduct towards children into which county boards of education shall report and review when considering employing a person with previous experience in the education system.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 8F. Special Protections for Disabled Children Act of 2022
§61-8F-3. Maltreatment of a Disabled Child; Penalties
§61-8F-4. Battery and Assault of a Disabled Child
§61-8F-5. Failure to Report; Obstruction; Retaliation; Penalties
§61-8F-6. Specific Directives to Enhance the Safety of Disabled Children