West Virginia Code 18-8A-1 – Legislative findings; definition of homeless child
(a) The Legislature hereby finds and declares that because of the growing number of children and families who are homeless in West Virginia there is a need to ensure that all homeless children receive a proper education. It is the intent of the Legislature that no child shall be denied the benefits of a free education in the public schools because the child is homeless.
Terms Used In West Virginia Code 18-8A-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
The Legislature further finds that programs and materials must be made available to homeless and at-risk children to assure opportunities for an equal education. Programs shall include, but not be limited to, incorporating the ideas of academic achievement, career exploration, self-esteem enhancement, behavior modification and other programs relating to student development.
(b) As used in this article, unless the context otherwise requires, "homeless child" means:
(1) A child who lacks a fixed, regular and adequate nighttime residence; or
(2) A child who has a primary nighttime residence which is:
(i) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters and transitional housing for the mentally ill;
(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or
(iii) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings.
(c) "Homeless child" does not include any individual imprisoned or otherwise detained pursuant to an act of Congress or a state law.