H. B. 2393


(By Delegates Riggs, Leggett,

Pino and Warner)


[Introduced February 21, 2001; referred to the

Committee on Education then the Judiciary.]




A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-five, relating to decorum for students addressing teachers and service personnel in public schools.

Be it enacted by the Legislature of West Virginia:

That article two, 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 thirty-five, to read as follows:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-35. Decorum for students addressing teachers and service personnel.

(a) The Legislature hereby finds and determines that proper courtesy and decorum exhibited by students in public schools toward teachers and service personnel promotes and educates students of proper social skills and decorum and promotes appropriate self-discipline by students.
(b) For the school year beginning the first day of July, two thousand one, and thereafter, the county boards of education shall require all students in kindergarten through the fifth grade to exhibit proper decorum as required in this section: Provided, That for the school year beginning the first day of July, two thousand two, the requirements of this section shall also apply to all students in the sixth grade and extend to students in the next grade above each year thereafter, to include all secondary school students beginning in the school year beginning the first day of July, two thousand nine. The state board may provide for exemptions from the requirements of this section for students with disabilities as determined by the state board to be in the best interests of such students, according to the type of disability, or on a case by case basis.
(c) When any student is speaking with or addressing any teacher or service personnel at a public school or while a student is under the supervision of a teacher or service personnel, such student shall address and respond to such teacher or service personnel by using the respectful terms "Sir", or "Ma'am", "Yes Ma'am" and "No Ma'am" or "Yes Sir" and "No Sir", as appropriate, or "Yes Mister, Miss or Ms. (Surname) and "No Mister, Miss or Ms., (Surname), as appropriate, each such title to be followed by the appropriate surname.
(d) Each county board shall incorporate the requirements of this section into any existing discipline policy or code of student conduct of each county board.
(e) The state board shall promulgate rules in accordance with article three-b, chapter twenty-nine-a of this code to implement the requirements of this section, which shall include and be subject to the following:
(1) Provide for appropriate action necessary to discipline students who fail to comply with the requirements of this section: Provided, That no student shall be suspended or expelled from school for failure to comply with the provisions of this section;
(2) Provide for appropriate instruction of students of the requirements of this section and of the provisions of the rules promulgated herein prior to the enforcement of the provisions of this section;
(3) Provide for informing the parents and legal guardians of students of the decorum required of students pursuant to provisions of this section and of the rules promulgated hereunder.


NOTE: The purpose of this bill is to require a certain decorum for students in public schools when addressing or speaking to teachers and service personnel; provides for promulgation of rules; provides for the phase-in of provisions beginning with the school year beginning July 1, 2001, for grades kindergarten to fifth grade, to be increased each year thereafter, one grade above the fifth, until the school year 2008, for all secondary school students.

This section is new; therefore, strike-throughs and underscoring have been omitted.