Laws recently enacted in West Virginia protect students in special education classrooms

KANAWHA COUNTY, WV (WOWK) – New laws have gone into effect in West Virginia over the last few years to protect special needs students in classrooms.

After the 2022 legislative session, House Bill 4600 went into effect, making it a felony for a “person in a position of trust” to assault, batter, or verbally abuse a child. It also criminalizes people in positions of trust who don’t report the abuse if they witness it.

There are additional state laws that require cameras in all special education classrooms, as well as audio recording devices in self-contained bathrooms.

Last summer, the Kanawha County Board of Education unanimously voted to purchase 49 microphones to be placed in self-contained bathrooms throughout Kanawha County schools. The purchase cost $117,000.

These laws come after three families received nearly $12 million from the Kanawha County Board of Education after children were abused at a different school.

Nancy Boggs , a special needs teacher at Holz Elementary, was sentenced to ten years behind bars after she pleaded guilty to 10 counts of battery against students.

These charges include Boggs hitting a student with a cabinet door, pulling a student by the hair, slapping a student on the face, slapping a student on the shoulder, driving a student’s head into a desk and jerking a chair out from under a student.

Craig Bowden says his son was abused by Boggs during this time, and he was one of the House Bill’s strongest advocates.

“When a parent drops their child off at school, they need to know that they are safe and that they’re being cared for. That’s the reason these cameras are in the classroom. To not only prove that abuse happened but also to detect that it may be happening,” Bowden said.

On Monday, an extended school year program aide working at Elk Elementary Center, Deborah Richards, was charged with battery and assault of a disabled child after allegedly pushing a three-year-old to the floor.

Court documents said law enforcement watched video surveillance that showed the aide removing the victim from a wheelchair that did not belong to them. After this, the criminal complaint said the child kicked Richards. She then told them, “I kick back.”

Video surveillance showed Richards using her leg to shove the child, and then pushing them several feet back and onto the floor using her arm, the document said. The teacher’s aide did not help the child, court documents said.

Briana Warner, Communications Director for Kanawha County Schools, said in a statement the district, “Became aware of an incident of alleged abuse with a student at Elk Elementary Center during the summer extended school year program. We made appropriate reports of that incident and authorities made an arrest after reviewing the evidence provided. Kanawha County Schools staff followed all policy and procedures. We will continue to work with all involved in investigating the matter.”

If convicted of battery and assault of a disabled child, she faces up to five years in prison and a $1,000 fine.

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