SB 645 — Regulating private schools for students with disabilities

student guaranty provisions.provisions;

(a)insurance Torequirement; obtain a license to operate a school, an application, certified as true and correct, shall be filed with the state superintendent upon forms prepared and furnished by him or her setting forth information deemed necessary by the state superintendent.

(b)disclaimer Each school shall submit and maintain a guaranty instrument payable to the State of Westliability. Virginia and conditioned to protect the contractual rights of students and other contracting parties.

            (a) To obtain a license to operate a school, an application, certified as true and correct, shall be filed with the state superintendent on forms prepared and furnished by him or her setting forth information deemed necessary by the state superintendent.

            (b) Each school shall submit and maintain a guaranty instrument payable to the State of West Virginia and conditioned to protect the contractual rights of students and other contracting parties.

§18-20A-8.            (c) Each school shall acquire appropriate insurance that includes the types of coverage and the amount of coverage prescribed by state board rule.

Application            (d) Neither the state, state board, or state superintendent shall incur any liability from the actions or inactions of a school licensed pursuant to containthis certainarticle commitments.or any of its employees.

Each§18-20A-6. application for a license to operate a school shall contain the following commitments:

(1) To conduct the school in accordance with all applicable rules of the state board;

(2) To permit the state superintendent or his or her authorized agents to inspect the school or classes being conducted therein at any time and to make available to the state superintendent, when requested to do so, all information pertaining to the activities of the school required for the administration of this article, including its financial condition;

(3) To advertise the school at all times in a form and manner that will be free from misrepresentation, deception, or fraud and to conform to rules of the state board governing such advertising;

(4) To see that all representations made by an agent of the school shall be free from misrepresentation, deception, or fraud and shall conform to rules of the state board governing such misrepresentations;

(5) To display the current license prominently where it may be inspected by students, visitors and the state superintendent and his or her authorized agents;

and (6) To maintain all premises, equipment and facilities of the school in an adequate, safe and sanitary condition.

§18-20A-9.

            A school may offer education programs serving the disability categories specifically indicated on its license only.

§18-20A-10.§18-20A-7.

            The state superintendent may establish fees and the methods for collecting such fees for schools as he or she deems necessary to carry out the provisions of this article.

§18-20A-11.18-20A-8.

Renewal of licenses.

The license of each school that continues to operate as such shall be renewed on or before the anniversary date set by the state superintendent.

Every license that has not been renewed in accordance with these provisions shall expire and a new license shall be obtained from the state superintendent before such school may continue to operate, for which an original application must be submitted.

The application shall be accompanied by such information deemed necessary by the state superintendent.

§18-20A-12.

(a)            The state superintendent may refuse to issue or renew a licenselicense, or may revoke or suspend the license issued pursuant to this article, of any school issuedfor pursuanta toviolation of any provision of this chapterarticle foror any rule of the followingstate causes:board promulgated pursuant to this article.

(1)§18-20A-9. Violation of any provision of this article or any rule of the state board;

(2) Furnishing false, misleading, or incomplete information to the state superintendent or his or her authorized agents or failure to furnish any information requested by the state superintendent;

(3) Violation of any commitment made in an application for a license;

(4) Presenting, either by the school or by any agent of the school, to prospective students information relating to the school which is false, misleading, or fraudulent;

(5) Failing to provide or maintain premises or equipment in a safe and sanitary condition as required by law;

(6) Making any false promises through agents or by advertising or otherwise of a character likely to influence, persuade or induce enrollments;

(7) Paying commission or valuable consideration to any person for any act of service performed in willful violation of this article;

(8) Failing to maintain financial resources adequate for the satisfactory conduct of courses of instruction offered or to retain a sufficient or qualified instructional staff;

(9) Demonstrating unworthiness or incompetency to conduct the school in a manner calculated to safeguard the interests of the public;

(10) Failing within a reasonable time to provide information requested by the state superintendent as a result of a formal or informal complaint to or by the state superintendent or his or her authorized agents which would indicate a violation of this article or state board rules promulgated pursuant to this article;

(11) Attempting to use or employ any enrolled students in any commercial activity whereby the school receives any compensation whatsoever without reasonable remuneration to the student, except to the extent that employment of students in such activities is necessary or essential to their training and is permitted and authorized by the state superintendent;

or (12) Engaging in or authorizing any other conduct whether of the same or of a different character from that herein specified which constitutes fraudulent or dishonest dealings.

(b) Pursuant to the procedures set forth in subsection (c) of this section and in addition to the authority for other disciplinary actions provided in this article, the state superintendent may issue a summary order of suspension of the license of a residential or day school for students with disabilities, in conjunction with any proceeding for revocation, denial, or other action, when conditions or practices exist in the school that pose an immediate and substantial threat to the health, safety, and welfare of the students who are residing or attending the school and the state superintendent believes the operation of the school should be suspended during the pendency of such proceeding.

(c) The summary order of suspension shall take effect upon its issuance and shall be served on the licensee or its designee as soon as practicable thereafter by personal service and certified mail, return receipt requested, to the address of record of the licensee.

The order shall state the time, date, and location of a hearing to determine whether the suspension is appropriate.

Such hearing shall be held no later than three business days after the issuance of the summary order of suspension and shall be convened by the state superintendent or his or her designee.

After such hearing, the state superintendent may issue a final order of summary suspension or may find that such summary suspension is not warranted by the facts and circumstances presented.

A final order of summary suspension shall include notice that the licensee may appeal the state superintendent’s decision to the appropriate circuit court no later than 10 days following issuance of the order.

The sole issue before the court shall be whether the state superintendent had reasonable grounds to require the licensee to cease operations during the pendency of the concurrent revocation, denial, or other proceeding.

The concurrent revocation, denial, or other proceeding shall not be affected by the outcome of any hearing on the appropriateness of the summary suspension.

Any person who willfully and materially fails to comply with the summary order of suspension or final order of summary suspension shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined up to $1,000, or be confined in jail for not more than six months, or both fined and confined.

The state superintendent may require the cooperation of any other agency or subdivision of the state in the relocation of students who are residents of a home or facility whose license has been summarily suspended pursuant to this section and in any other actions necessary to reduce the risk of further harm to students.

§18-20A-13.

Same;

investigation;

time within which to correct unsatisfactory conditions.

The state superintendent or his or her authorized agents may, upon his or her own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal, suspension, or revocation of a license, investigate the actions of any applicant for or any person or persons holding or claiming to hold a license to operate a school.

Before refusing to renew, revoking or suspending any license, the state superintendent may grant such period of time as it deems reasonable to correct any unsatisfactory condition.

§18-20A-14.

            Any person who opens, operates, or conducts any school without a license required by this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined up to $1,000,$100, or be confined in jail for not more than six months, or both fined and confined.

§18-20A-15.§18-20A-10.

  NOTE:

The purpose of this bill is to regulate private schools for students with disabilities.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.