H. B. 2302

(By Delegates Fragale, Compton, Dempsey, Beach,

Anderson, G. Martin and Hubbard)
[Introduced January 10, 1996; referred to the
Committee on Education then the Judiciary.]

A BILL to amend article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-two; to amend and reenact section five, article five-a of said chapter; to further amend said article by adding thereto a new section, designated section seven; and to amend and reenact sections one and one-a, article five, chapter eighteen-a of said code; to further amend article five of said chapter by adding thereto a new section, designated section one-b, all relating to authority of school employees to discipline pupils; admission of students to schools who are expelled from other schools; county disciplinary policy committee; faculty senate adoption of school discipline plans; the creation of school disciplinary teams; and criminal penalties for threatening to kill or injure school employees.

Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section forty-two; that section five, article five-a of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section seven; and that sections one and one-a, article five, chapter eighteen-a of said code be amended and reenacted; and that article five of said chapter be amended by adding thereto a new section, designated section one-b, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-42. Disciplinary policy review committee.
(a) No later than the first day of January, one thousand nine hundred ninety-six, each county board of education shall establish a disciplinary policy review committee composed of thirteen members as follows:
(1) Three classroom teachers to be elected at large by the classroom teachers with one teacher each representing elementary, middle or junior high and high schools;
(2) One special education teacher elected by the special education teachers;
(3) One guidance counselor elected by the guidance counselors;
(4) One bus operator elected by the bus operators;
(5) Three principals to be elected at large by the principals with one each representing the elementary, middle or junior high and high schools;
(6) The superintendent or his or her designee; and
(7) Three parents or legal guardians elected by parental members of the local school improvement councils as provided in subdivision (4), subsection (a), section two, article five-a, chapter eighteen of this code.
(b) The discipline policy review committee shall review all school board discipline policies and make recommendations to the board of education for appropriate revisions of such policies.
(c) Each school board shall review its discipline policies prior to the end of the one thousand nine hundred ninety-five-- ninety-six school year and may review such policies annually thereafter. Following a public hearing on the recommendations of the discipline policy review committee, each school board shall revise its discipline policies to delineate the specific consistent actions to be taken by teachers and other designated school employees to maintain order in the schools and on the school grounds. In addition, such policies shall contain specific consistent penalties which shall be imposed when pupils violate school discipline policies or state laws on school discipline. Copies of school board discipline policies shall be distributed to each school within its jurisdiction prior to the beginning of the one thousand nine hundred ninety-five--ninety-six school session. Each pupil and his or her parent, tutor or legal guardian shall be provided a copy of the discipline policy. In addition, each school shall plan meetings to fully inform all employees and pupils of all such policies within the first week of school for the one thousand nine hundred ninety-five--ninety-six school session. A meeting shall be held every year to inform new employees and new pupils of such policy.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-5. Public school faculty senates established; election
of officers; powers and duties.

(a) There is established at every public school in this state a faculty senate which shall be comprised of all permanent, full-time professional educators employed at the school who shall all be voting members. Professional educators as used in this section means professional educators as defined in chapter eighteen-a of this code. A quorum of more than one half of the voting members of the faculty shall be present at any meeting of the faculty senate at which official business is conducted. Prior to the beginning of the instructional term each year, but within the employment term, the principal shall convene a meeting of the faculty senate to elect a chair, vice chair and secretary and discuss matters relevant to the beginning of the school year. The vice chair shall preside at meetings when the chair is absent. Meetings of the faculty senate shall be held on a regular basis as determined by a schedule approved by the faculty senate and amended from time to time if needed. Emergency meetings may be held at the call of the chair or a majority of the voting members by petition submitted to the chair and vice chair. An agenda of matters to be considered at a scheduled meeting of the faculty senate shall be available to the members at least two employment days prior to the meeting, and in the case of emergency meetings, as soon as possible prior to the meeting. The chair of the faculty senate may appoint such committees as may be desirable to study and submit recommendations to the full faculty senate, but the acts of the faculty senate shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by law, or authorized by policies adopted by the state or county board of education or bylaws which may be adopted by the faculty senate not inconsistent with law, the powers and duties listed in this subsection are specifically reserved for the faculty senate. The intent of these provisions is neither to restrict nor to require the activities of every faculty senate to the enumerated items except as otherwise stated. Each faculty senate shall organize its activities as it deems most effective and efficient based on school size, departmental structure and other relevant factors.
(1) Each faculty senate shall control funds allocated to the school from legislative appropriations pursuant to section nine, article nine-a of this chapter. From such funds, each classroom teacher and librarian shall be allotted fifty dollars for expenditure during the instructional year for academic materials, supplies or equipment which in the judgment of the teacher or librarian will assist him or her in providing instruction in his or her assigned academic subjects, or shall be returned to the faculty senate: Provided, That nothing contained herein shall prohibit such funds from being used for programs and materials that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the problems of students at-risk. The remainder of funds shall be expended for academic materials, supplies or equipment in accordance with a budget approved by the faculty senate. Notwithstanding any other provisions of the law to the contrary, funds not expended in one school year shall be available for expenditure in the next school year: Provided, however, That the amount of county funds budgeted in a fiscal year, shall not be reduced throughout the year as a result of the faculty appropriations in the same fiscal year for such materials, supplies and equipment. Accounts shall be maintained of the allocations and expenditures of such funds for the purpose of financial audit. Academic materials, supplies or equipment shall be interpreted broadly, but shall not include materials, supplies or equipment which will be used in or connected with interscholastic athletic events.
(2) A faculty senate may establish a process for faculty members to interview new prospective professional educators and paraprofessional employees at the school and submit recommendations regarding employment to the principal, who may also make independent recommendations, for submission to the county superintendent: Provided, That such process must permit the timely employment of persons to perform necessary duties.
(3) A faculty senate may nominate teachers for recognition as outstanding teachers under state and local teacher recognition programs and other personnel at the school, including parents, for recognition under other appropriate recognition programs and may establish such programs for operation at the school.
(4) A faculty senate may submit recommendations to the principal regarding the assignment scheduling of secretaries, clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the principal regarding establishment of the master curriculum schedule for the next ensuing school year.
(6) A faculty senate may establish a process for the review and comment on sabbatical leave requests submitted by employees at the school pursuant to section eleven, article two of this chapter.
(7) Each faculty senate shall elect three faculty representatives to the local school improvement council established pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election to the county staff development council pursuant to section eight, article three, chapter eighteen-a of this code.
(9) Each faculty senate shall have an opportunity to make recommendations on the selection of faculty to serve as mentors for beginning teachers under beginning teacher internship programs at the school.
(10) A faculty senate may solicit, accept and expend any grants, gifts, bequests, donations and any other funds made available to the faculty senate: Provided, That the faculty senate shall select a member who shall have the duty of maintaining a record of all funds received and expended by the faculty senate, which record shall be kept in the school office and shall be subject to normal auditing procedures.
(11) On or after the first day of January, one thousand nine hundred ninety-two, any faculty senate may review the evaluation procedure as conducted in their school to ascertain whether such evaluations were conducted in accordance with the written system required pursuant to section twelve, article two, chapter eighteen-a of this code and the general intent of this Legislature regarding meaningful performance evaluations of school personnel. If a majority of members of the faculty senate determine that such evaluations were not so conducted, they shall submit a report in writing to the state board of education: Provided, That nothing herein shall create any new right of access to or review of any individual's evaluations.
(12) Each faculty senate shall be provided by its local board of education at least a two-hour per month block of noninstructional time within the school day: Provided, That any such designated day shall constitute a full instructional day. This time may be utilized and determined at the local school level and shall include, but not be limited to, faculty senate meetings.
(13) Each faculty senate shall develop a strategic plan to manage the integration of special needs students into the regular classroom at their respective schools and submit said strategic plan to the superintendent of the county board of education by the first day of March, one thousand nine hundred ninety-five, and periodically thereafter pursuant to guidelines developed by the state department of education. Each faculty senate shall encourage the participation of local school improvement councils, parents and the community at large in the development of the strategic plan for each school.
Each strategic plan developed by the faculty senate shall include at least: (A) A mission statement; (B) goals; (C) needs; (D) objectives and activities to implement plans relating to each goal; (E) work in progress to implement the strategic plan; (F) guidelines for the placement of additional staff into integrated classrooms to meet the needs of exceptional needs students without diminishing the services rendered to the other students in integrated classrooms; (G) guidelines for implementation of collaborative planning and instruction; and (H) training for all regular classroom teachers who serve students with exceptional needs in integrated classrooms.
(14) After receiving the report of the disciplinary review team established pursuant to section seven of this article, each faculty senate shall adopt by majority vote a school disciplinary policy which shall be consistent with county and state disciplinary policies as well as state and federal law. Each year thereafter the faculty senate shall review the recommendations of the disciplinary policy review team. The faculty senate may make amendment to the disciplinary policy upon a majority vote. Any proposed amendment to the disciplinary policy must be presented at one meeting and cannot be voted upon until at least the next meeting. For purposes of this section a majority shall "mean" one more than half of the members present at the meeting.
§18-5A-7. Disciplinary policy review team.
(a) There shall be established in every school no later than the first day of January, one thousand nine hundred ninety-six, a disciplinary policy review team consisting of the following:
(1) The principal, who shall serve as an ex officio member of the team and be entitled to vote;
(2) Three teachers elected by the faculty senate of the school;
(3) One service personnel elected by the school service personnel employed at the school;
(4) One parent or legal guardian of a student enrolled at the school elected by the parental and at-large members of the local school improvement council for that school.
(b) The disciplinary policy review team shall review the school discipline policy, explore traditional and innovative methods for encouraging positive pupil behavior and make recommendations to the school faculty senate for appropriate revisions of the policy and to ensure that policy complies with the policies of the county and state boards of education and state law.
(c) The disciplinary policy review team shall report its recommendation to the faculty senate at least once annually and at such other times that the team finds it necessary or beneficial to make further recommendations. The first such report shall be made no later than the first day of December, one thousand nine hundred ninety-six.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-1. Authority of teachers and other school personnel;

exclusion of pupils having infectious diseases; suspension or expulsion of disorderly pupils; corporal punishment abolished.

(a) The teacher shall stand in the place of the parent or guardian in exercising authority over the school, and shall have control of all pupils enrolled in the school from the time they reach the school until they have returned to their respective homes, except that where transportation of pupils is provided, the driver in charge of the school bus or other mode of transportation shall exercise such authority and control over the children while they are in transit to and from the school. Subject to the rules of the state board of education, the teacher shall exclude from the school any pupil or pupils known to have or suspected of having any infectious disease, or any pupil or pupils who have been exposed to such disease, and shall immediately notify the proper health officer, or medical inspector, of such exclusion. Any pupil so excluded shall not be readmitted to the school until such pupil has complied with all the requirements of the rules governing such cases, or has presented a certificate of health signed by the medical inspector or other proper health officer. The teacher shall have authority to suspend any pupil guilty of disorderly, refractory, indecent or immoral conduct, and the district board of education may expel or exclude any such pupil if, on investigation, the conduct of such pupil is found to be detrimental to the progress and the general conduct of the school.
(b) (1) Each teacher may take disciplinary action to correct a pupil who disrupts normal classroom activities, who is disrespectful to a teacher, who willfully disobeys a teacher, who uses abusive or foul language directed at a teacher or another pupil, who violates school rules, or who interferes with an orderly education process. Disciplinary action may include, but is not limited to:
(A) Oral or written reprimands;
(B) Referral for a counseling session which may include, but shall not be limited to, conflict resolution, social responsibility, family responsibility, peer mediation and stress management;
(C) Written notification to parents, custodian or other legal guardian of disruptive or unacceptable behavior;
(D) Other disciplinary measures approved by the principal and/or school faculty senate and in compliance with school board policy.
(2) When a pupil's behavior prevents the orderly instruction of other pupils, or poses a threat to the safety or physical well-being of any pupil or school employee, or when a pupil uses foul or abusive language directed at a school employee or threatening a school employee, the teacher may have the pupil immediately removed from the classroom and placed in the custody of the principal or the principal's designee. When a pupil's behavior on a school bus poses a risk to the safety of other students by hampering the safe operation of the vehicle or poses a threat to the safety or physical well-being of any pupil or school employee, or when a pupil exhibits disrespectful behavior as described herein, the bus operator may remove the student from the bus at the school or the pupil's bus stop and place the student in the custody of the principal or the principal's designee.
(3) Upon the pupil being placed in the custody of the principal pursuant to the provisions of this subsection, the principal or his or her designee shall advise the pupil of the particular misconduct of which he or she is accused as well as the basis for such accusation, and the pupil shall be given an opportunity at that time to explain his or her version of the facts. Upon concluding that the pupil committed the misconduct, the principal or his or her designee then shall conduct a counseling session with the pupil as may be appropriate to establish a course of action, consistent with school board policy to identify and correct the behavior for which the pupil is being disciplined.
(4) When a pupil is removed from a classroom or school bus pursuant to this subsection, the pupil shall not be readmitted to the classroom or school bus until the principal has implemented one or more of the following disciplinary measures:
(A) In-school suspension;
(B) Detention;
(C) Suspension;
(D) Initiation of expulsion hearings;
(E) Assignment to an alternative school;
(F) Any other disciplinary measure authorized by the principal with the concurrence of the teacher or bus operator or the building level committee pursuant to law and board policy. The principal shall notify the teacher or bus operator of the disciplinary measure taken within forty-eight hours of the placement of the student in his or her custody pursuant to this subsection.
(5) When a pupil is removed from a classroom or school bus pursuant to this subsection, the teacher or bus operator may require that the parent, custodian or other legal guardian of the pupil attend a conference with the teacher or bus operator in the presence of the principal or his or her designee before the pupil is readmitted to the classroom.
(6) Upon the third removal from the same classroom or school bus pursuant to this subsection, the teacher or bus operator and the principal shall discuss the disruptive behavior patterns of the pupil and the potentially appropriate disciplinary measure before the principal implements a disciplinary measure. If appropriate, a referral of the matter may be made to an appropriate building level committee. In addition, a conference between the principal, the teacher, the bus operator or other appropriate school employee and the pupil's parent, custodian or other legal guardian shall be required prior to the pupil being readmitted to the classroom or school bus.
Thereafter, if disruptive behavior persists upon the teacher's request, the principal shall transfer the pupil into another setting.
(7) Notwithstanding any other provisions of the law to the contrary, if a pupil intentionally strikes a school employee; or threatens to cause bodily harm to a school employee thereby placing the school employee in fear of his or her personal safety; or is found to be in possession of a firearm or any other deadly weapon on any school bus as defined in section one, article one, chapter seventeen-a of this code, or in any public primary, or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational programs are conducted unless authorized to be in possession of said firearm or deadly weapon pursuant to the conditions set forth in subdivision (2), subsection (b), section eleven-a, article seven, chapter sixty-one of this code, the pupil shall be referred to the principal of the school where the pupil is assigned. The principal shall notify the superintendent of schools and both the principal and the superintendent shall take action to expel the pupil pursuant to the provisions of section one-a of this article. If the pupil is found to have committed one or more of the acts set out in this paragraph the pupil shall be expelled from school for a period of not less than the remainder of that school year nor more than one full school year: Provided, That in the case of possession of a firearm or deadly weapon the pupil shall be expelled from school for a full school year.
(8) Corporal punishment of any pupil by a school employee is prohibited.
The West Virginia board of education and county boards of education shall adopt policies consistent with the provisions of this section encouraging the use of alternatives to corporal punishment, providing for the training of school personnel in alternatives to corporal punishment and for the involvement of parents and guardians in the maintenance of school discipline.
(9) For the purpose of this section:
~~(1)~~ (A) "Pupil" shall include any child, youth or adult who is enrolled in any instructional program or activity conducted under board authorization and within the facilities of or in connection with any program under public school direction: Provided, That in the case of adults the pupil-teacher relationship shall terminate when the pupil leaves the school or other place of instruction or activity;
~~(2)~~ (B) "Teacher" shall mean all professional educators as defined in section one, article one of this chapter and shall include the driver of a school bus or other mode of transportation.
(C) "School employee" shall mean a person employed by a county board of education whether employed on a regular full-time basis, an hourly basis or otherwise if, at the time of the commission of any act provided in this section, such person is engaged in the performance of his or her duties or is commuting to or from his or her place of employment. For the purpose of this section a "school employee" shall include a student teacher.
(D) "In-school suspension" shall mean removing a pupil from his or her normal classroom setting but maintaining him or her under supervision within the school. Pupils participating in in-school suspension may receive credit for work performed during the in-school suspension. However, any pupil who fails to comply fully with the rules for in-school suspension shall be subject to immediate suspension.
(E) "Detention" means activities, assignments or work held before the normal school day, after the normal school day, during recesses or breaks in the normal school day or on weekends. Assignments, activities or work which may be assigned during detention include, but are not limited to, counseling, homework assignments, behavior modification programs or other activities aimed at improving the behavior of the pupil. Unexcused failure or refusal by a pupil to participate in assigned detention shall subject the pupil to immediate suspension.
(10) Teachers shall exercise such other authority and perform such other duties as may be prescribed for them by law or by the rules of the state board of education not inconsistent with the provisions of this chapter and chapter eighteen of this code.
§18A-5-1a. Principal authority and grounds for suspension of

pupils; temporary suspension, hearing; procedure, notice and formal hearing; extended suspension; expulsion; exception.

(a) ~~Any pupil who threatens to cause, attempts to cause, or causes a bodily injury to a school employee may be suspended or expelled from school in accordance with the provisions of this section.~~ Any school principal may suspend from school or suspend from transportation on any school bus any pupil who:
(1) Threatens to cause, attempts to cause or causes a bodily injury to a school employee;
(2) Is guilty of willful disobedience;
(3) Knowingly and intentionally makes an unfounded charge against a school employee;
(4) Uses foul or profane language;
(5) Is guilty of immoral or vicious practices, or of conduct or habits injurious to the pupil or others;
(6) Possesses or uses tobacco or alcoholic beverages or unlawfully possesses a controlled substance governed by chapter sixty-a of this code, in school buildings, on school grounds or on school buses;
(7) Habitually disrupts the school and habitually violates any rule;
(8) Intentionally defaces or injures any part of public school buildings or any school buses;
(9) Writes any profane or obscene language or draws obscene pictures in or on any school material or on any public school premises, or on any fence, pole, sidewalk or building on the way to or from school, or any school bus;
(10) Is found to be carrying or in possession of any firearm or other deadly weapon unless authorized to be in possession of said firearm or deadly weapon pursuant to the conditions set out in subdivision (2), subsection (b), section eleven-a, article seven, chapter sixty-one of this code;
(11) Throws any object liable to cause injury to other persons or property while in a school building or on any school bus;
(12) Instigates or participates in fights while under the authority and supervision of school personnel; and
(13) Commits any other serious offense.
(b) The actions of any pupil which may be grounds for his or her suspension or expulsion under the provisions of this section or section one of this article shall be reported immediately to the principal of the school in which such pupil is enrolled. If the principal determines that the alleged actions of the pupil would be grounds for suspension and intends to impose a suspension, he or she shall conduct an informal hearing for the pupil as soon as practicable after the alleged actions have occurred. The hearing shall be held before the pupil is suspended unless the principal believes that the continued presence of the pupil in the school poses a ~~continuing~~ danger to persons or property or an ongoing threat of disrupting the academic process or the student is alleged to have committed an act provided for in subdivision (7), subsection (b), section one of this article, in which case the pupil may be suspended immediately and a hearing held as soon as practicable after the suspension.
The pupil and his or her parent or parents or custodial guardian, as the case may be, shall be given written notice by certified mail, return receipt requested, of this informal hearing, which notice shall briefly state the grounds for suspension.
At the commencement of the informal hearing, the principal shall inquire of the pupil as to whether he or she admits or denies the charges. If the pupil does not admit the charges, he or she shall be given an explanation of the evidence possessed by the principal and an opportunity to present his or her version of the occurrence. At the conclusion of the hearing or upon the failure of the noticed persons to appear, the principal may suspend the pupil for a maximum of ten school days, including the time prior to such hearing, if any, for which the pupil has been excluded from school. If the principal believes a longer suspension or expulsion of the pupil is warranted in addition to a ten-day suspension, he or she shall so advise the parents and pupil, if present, and recommend such action to the superintendent of schools of the county in which the school where the pupil is enrolled is located.
(c) Any suspension shall be reported by the principal the same day it has been decided upon, in writing, to the county superintendent of schools of the county in which the school where the pupil is enrolled is located.
(d) If the principal recommends and the superintendent agrees that the suspension should be extended for beyond ten school days or that the pupil should be expelled from school, the superintendent shall immediately notify the county board of education of this recommendation. Upon receipt of such recommendation, the county board of education shall cause a written notice, which states the charges and the recommended disposition, to be served upon the pupil and his or her parent or parents or custodial guardian, as the case may be, advising such persons that unless a timely request is made for hearing, the recommended disposition shall become final. Such notice shall set forth a date and time at which such hearing, if requested, shall be held, which date shall be within the ten-day period of suspension imposed by the principal. The notice shall further advise the persons to be noticed thereby that a request for hearing will not be granted unless received by the board more than twenty-four hours before the time proposed for hearing in the notice.
Upon timely receipt of a hearing request, the board of education shall hold the scheduled hearing to determine if the pupil should be reinstated or should have his or her suspension extended or should be expelled from school. At this hearing, the pupil may be represented by counsel, may call his or her own witnesses to verify his or her version of the incident and may confront and cross-examine witnesses supporting the charge against him or her. The hearing may be postponed for good cause shown by the pupil but he or she shall remain under suspension until after the hearing. The state board of education may adopt other supplementary rules of procedure to be followed in these hearings. At the conclusion of the hearing the county board of education either shall order the pupil reinstated immediately or at the end of his or her initial suspension or shall suspend the pupil for a further designated number of days or shall expel the pupil from the public schools of such county for a period of time not to exceed one school year.
(e) When a pupil is suspended for a second time within a single school year, the principal may require that a conference be held with the parent or parents or custodial guardians, as the case may be, the pupil, the principal and a school counselor or the pupil's teacher.
~~(e)~~ (f) Notwithstanding the preceding provisions of this section, if a pupil has prior to the actions complained of being classified as or is eligible to be classified as an exceptional child, other than gifted, under the provisions of section one, article twenty, chapter eighteen of this code, special consideration shall be given to such pupil as hereinafter provided.
In any hearing held pursuant to this section, a pupil, his or her parent or custodial guardian may show an explanation of the actions complained of that such actions were the proximate result of a condition which has qualified or would qualify the pupil for a special educational program other than gifted. If the principal or board finds that such actions were the proximate result of such a condition, the pupil shall not be suspended or expelled pursuant to this section but the pupil shall be forthwith referred to the appropriate personnel within the county school system for development of an individual learning program: Provided, That such pupil may be temporarily removed from school according to procedures employed by the school system for special education pupils if, in the opinion of the principal, such removal is necessary for his or her own protection or the protection of other pupils, teachers, school personnel or school property during all or some part of the time required to prepare such individual learning program.
~~(f)~~ (g) In all hearings under this section, facts shall be found by a preponderance of the evidence.
~~(g)~~ (h) For the purpose of this section, "school employee" means a person employed by a county board of education whether employed on a regular full-time basis, an hourly basis or otherwise if, at the time of the commission of an act which would be grounds for suspension or expulsion under this section, such person is engaged in the performance of his or her duties or is commuting to or from his or her place of employment. For the purposes of this section, a "school employee" shall be deemed to include a student teacher.
~~(h)~~ (i) The remedies provided for in this section are cumulative.
§18A-5-1b. Admission of expelled pupils; authority to exclude

from attendance under other circumstances.

(a) A pupil, who has been expelled from attendance at school by a board of education or private school in West Virginia or in another state, for an offense in violation of school board policies or state law related to: (1) The destruction of school property or properly-owned property while located on school property; (2) weapons; (3) alcohol or drugs; (4) the willful infliction of injury to another person; or (5) any act set out in subdivision (7), subsection (b), section one of this article, may be excluded from attendance by a county board of education in West Virginia for the remainder of the length of the original expulsion but in no case for more than one school year upon a finding that the pupil presents a danger to the other pupils or school employees at the school after a review of the case has been conducted by the superintendent of schools who recommends exclusion and written notice has been provided to the pupil and his or her parent or other legal guardian that the student may be subject to exclusion, the reasons therefor, and in the event of such exclusion, of the right to appeal the decision at a hearing before the county board of education.
Within ten days of receipt of the notice of exclusion the pupil or parents or other legal guardian may make a written request for a hearing before the county board of education to appeal the superintendent's decision. Upon timely receipt of a hearing request, the board of education shall hold a scheduled hearing to determine if the pupil presents a danger to the other pupils or school employees at the school and should therefor be excluded. At this hearing, the pupil may be represented by counsel, may call witnesses and may confront and cross-examine witnesses. The hearing may be postponed for good cause shown by the pupil but he or she shall remain excluded from school until the hearing is concluded. The state board of education may adopt other supplementary rules of procedure to be followed in such hearings. At the conclusion of the hearing the county board of education either shall order the student be admitted to school or uphold the decision of the superintendent of schools to exclude the student for the remainder of the length of his or her expulsion not to exceed one school year.
For purposes of this section "one school year" means the instructional term adopted by the county board of education pursuant to section fifteen, article five, chapter eighteen of this code but in no case shall it exceed one hundred eighty-five instructional days.
(b) Prior to the admission of a pupil to any public school in West Virginia a board of education shall require the parent or other legal guardian of the pupil to provide, upon registration, a sworn statement or affirmation indicating whether the student is at that time under expulsion from attendance at a private school or a public school in West Virginia or another state for any offense set forth in subsection (a) of this section. Any person willfully making a materially false statement or affirmation is guilty of a misdemeanor, and, upon conviction thereof, the penalty shall be the same as provided for "false swearing" pursuant to section three, article five, chapter sixty-one of this code.

NOTE: The purpose of this bill is to clarify and establish authority of school employees related to discipline of pupils in West Virginia public schools; to provide for suspension and/or expulsion of students for specific acts which tend to pose threats to the health and safety of pupils or school employees; to provide for the exclusion of students from public schools who are expelled from other schools; to provide for county and school disciplinary committees so that each county board of education and school has a specific plan for a disciplinary plan; and to provide for safety of pupils and school employees within the schools all of which is intended to create a positive safe school environment where learning can occur free of violence and serious disruptions.

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

§§18-5-7 and 18A-5-1b are new; therefore, strike-throughs and underscoring have been omitted.