Senate Bill No. 515
(By Senators Hunter, Boley, Mitchell, Oliverio, Redd, Rowe,
Caldwell, Unger, Minard, Snyder and Kessler)
____________
[Introduced March 19, 2001;
referred to the Committee on Education; and then to the Committee
on Finance.]
____________
A BILL to amend and reenact section twenty-three-a, article two,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to further amend said
article by adding thereto a new section, designated section
thirty-five; to amend and reenact section five, article two-e
of said chapter; to amend article five of said chapter by
adding thereto a new section, designated section forty-four;
to amend article nine-a of said chapter by adding thereto a
new section, designated section four-a; to amend and reenact
section one, article one, chapter eighteen-a of said code; to amend and reenact sections one and one-a, article five of said
chapter; and to further amend said article by adding thereto
a new section, designated section eight-a, all relating to
teacher training on integrating character education and
character development into the curriculum; establishing a
statewide 24-hour school safety hotline; requiring school
safety plans; incorporating the time guidance counselors spend
in a direct counseling relationship with pupils in the
accreditation process; targeting school counselor, registered
professional nurse and social worker positions to at-risk
students in the early grades; requiring county boards to
integrate character education; adding three hundred more
school counselor, registered nurse and social worker positions
to the school aid formula; allowing disciplinary measures for
violence outside of the school; requiring pupils to undergo
psychiatric evaluations; allowing the use of employee
identification cards; setting forth procedures for expelling
a dangerous student without providing alternative education;
authorizing county superintendents to request authority from
a circuit judge or magistrate to subpoena witnesses and
documents for expulsion hearings; and setting forth guidelines a superintendent may use in determining whether or not to
reduce a mandatory twelve-month suspension.
Be it enacted by the Legislature of West Virginia:
That section twenty-three-a, article two, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
thirty-five; that section five, article two-e of said chapter be
amended and reenacted; that article five of said chapter be amended
by adding thereto a new section, designated section forty-four;
that article nine-a of said chapter be amended by adding thereto a
new section, designated section four-a; that section one, article
one, chapter eighteen-a be amended and reenacted; that sections one
and one-a, article five of said chapter be amended and reenacted;
and that said article be further amended by adding thereto a new
section, designated section eight-a, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-23a. Annual professional development goals established by
state board; coordination of professional
development programs; program development, approval and evaluation.
(a) The intent of this section is to provide for the
coordination of professional development programs by the state
board to promote high quality instructional delivery and management
practices for a thorough and efficient system of schools. The
state board annually shall establish goals for professional
development in the public schools of the state. The state board
shall submit the goals to the state department of education, the
center for professional development, the regional educational
service agencies, the state college and university systems and the
legislative oversight commission on education accountability on or
before the first day of October, each year. The goals shall
include measures by which the effectiveness of professional
development programs will be evaluated. The professional
development goals may include separate goals for teachers,
principals, service personnel and others in the public schools. In
establishing the goals, the state board shall review reports that
may indicate a need for staff development. At a minimum in
establishing the goals for professional development, the state
board shall consider the report of the staff development advisory
council set forth in section four, article two-i, chapter eighteen of this code, student test scores on the statewide student
assessment program, the measures of student and school performance
for accreditation purposes, school and school district report cards
and its plans for the use of funds in the strategic staff
development fund pursuant to section thirty-two, article two,
chapter eighteen of this code.
(b) The center for professional development and the regional
educational service agencies shall each design a proposed
professional development program plan to achieve the goals of the
state board which are within their purview pursuant to provisions
set forth in this code and rules of the state board: Provided,
That the state board may establish as a goal for the center for
professional development, the delivery of a localized professional
development program to address school, county or regional problems.
The center for professional development and the regional
educational service agencies shall each submit their respective
proposed plans to the state board on or before the fifteenth day of
November, each year. The proposed plans shall include a plan for
evaluating the effectiveness of the professional development
delivered through the program and a cost estimate. A copy of each
proposed plan shall also be submitted by the respective agencies to the legislative oversight commission on education accountability.
The state board shall review the proposed plans and shall return
the proposed plans to the respective agencies on or before the
first day of January, each year, noting whether the proposed plan
is approved or is not approved in whole or in part. If a proposed
plan is not approved in whole, the state board shall note its
objections to the proposed plan or to the parts of the proposed
plan not approved and may suggest improvements or specific
modifications, additions or deletions to more fully address the
goals or eliminate duplication. An agency whose proposed plan is
not wholly approved shall revise the plan to satisfy the objections
of the state board or state the reasons why revisions cannot be
made to satisfy any or all of the objections and resubmit the
proposal to the state board as soon as possible. State board
approval of the professional development plans of the center for
professional development and the regional educational service
agencies is required prior to implementation of the plans.
(c) The state board shall submit a proposed master plan for
professional development to the legislative oversight commission on
education accountability on the first day of February, each year.
The proposed master plan shall include the state board approved plans of the state department of education, the center for
professional development and the regional educational service
agencies to meet the professional development goals of the state
board. The proposed master plan also shall include a plan for
evaluating the effectiveness of the professional development
delivered through the programs, a cost estimate, a description of
any proposals pending approval of the state board and any reasons
why a goal or goals of the state board will not be met.
(d) An approved master plan for professional development shall
be established by the state board not later than the fifteenth day
of March, each year. The approved master plan shall include the
state board approved professional development plans of the state
department of education, the center for professional development
and the regional educational service agencies. The approved master
plan shall serve as a guide for the delivery of coordinated
professional development programs by the state department of
education, the center for professional development and the regional
educational service agencies beginning on the first day of June in
the year in which the master plan was approved through the
thirtieth day of May in the following year.
(e) The master plan for professional development shall include teacher training on integrating character education and character
development into the current curriculum. The training for
integration of character education and character development into
the current curriculum shall include the elements listed in section
forty-four, article five, chapter eighteen of this code.
§18-2-35. Statewide twenty-four hour school safety hotline.
The state board shall promulgate rules in accordance with
article three-b, chapter twenty-nine-a of this code that establish
a statewide twenty-four hour hotline for informing school officials
and law enforcement about problems inside a school and informing
school officials and law-enforcement officers about problems
outside the school that may have an impact in the school. The
state board rules shall address the existence of county safe
schools hotlines to avoid duplication of the safe schools hotline
service. Nothing in this section shall be construed to require any
additional funding by the Legislature.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-5. Process for improving education; office of education
performance audits; education standards; school
accreditation and school system approval;
intervention to correct impairments.
(a) Legislative intent. -- The purpose of this section is to
establish a process for improving education that includes
standards, assessment, accountability and capacity building to
provide assurances that a thorough and efficient system of schools
is being provided for all West Virginia public school students on
an equal education opportunity basis and that the high quality
standards are, at a minimum, being met.
(b) State board rules. -- The state board shall promulgate
rules in accordance with article three-b, chapter twenty-nine-a of
this code establishing a unified county improvement plan for each
county board and a unified school improvement plan for each public
school in this state. The state board is not required to
promulgate new rules if legislative rules meeting the requirements
of article three-b, chapter twenty-nine-a of this code have been
filed with the office of the secretary of state before the
effective date of this section. In addition to the other
requirements, the rules shall require that each school include a
school safety plan within its unified school improvement plan.
Furthermore, the rules shall specify that the individual school
plans shall include strategies for crisis prevention, intervention
and response.
(c) High quality education standards and efficiency standards.
-- The state board shall, in accordance with the provisions of
article three-b, chapter twenty-nine-a of this code, adopt and
periodically review and update high quality education standards for
student, school and school system performance and processes in the
following areas:
(1) Curriculum;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student and school performance;
(12) A code of conduct for students and employees;
(13) Indicators of efficiency; and
(14) Any other such areas as determined by the state board.
(d) Performance measures. -- The standards shall assure that all graduates are prepared for gainful employment or for continuing
postsecondary education and training and that schools and school
districts are making progress in achieving the education goals of
the state.
The standards shall include measures of student performance to
indicate when a thorough and efficient system of schools is being
provided and of school and school system performance and processes
that enable student performance. The measures of student
performance and school and school system performance and processes
shall include, but are not limited to, the following:
(1) The acquisition of student proficiencies as indicated by
student performance by grade level measured, where possible, by a
uniform statewide assessment program;
(2) School attendance rates;
(3) Student dropout rate;
(4) Percent of students promoted to next grade;
(5) Graduation rate;
(6) Average class size;
(7) Pupil-teacher ratio and number of exceptions to ratio
requested by county boards and number granted;
(8) Number of split-grade classrooms;
(9) Percentage of graduates who enrolled in college; the
percentage of graduates who enrolled in other postsecondary
education; and the percentage of graduates who become fully
employed within one year of high school graduation all as reported
by the graduates on the assessment form attached to their
individualized student transition plan, pursuant to section eight
of this article and the percentage of graduates reporting;
(10) Pupil-administrator ratio;
(11) Parent involvement;
(12) Parent, teacher and student satisfaction;
(13) Operating expenditures per pupil;
(14) Percentage of graduates who attain the minimum level of
performance in the basic skills recognized by the state board as
laying the foundation for further learning and skill development
for success in college, other postsecondary education and gainful
employment and the grade level distribution in which the minimum
level of performance was met;
(15) Percentage of graduates who received additional
certification of their skills, competence and readiness for
college, other postsecondary education or employment above the
minimum foundation level of basic skills;
(16) Percentage of students in secondary and middle schools
who are enrolled in advanced placement or honors classes,
respectively; and
(17) A requirement that school counselors spend at least
seventy-five percent of their time in a direct counseling
relationship with pupils as required in section eighteen-b, article
five of this chapter; and
(17) (18) Indicators of efficiency. -- The state board shall,
in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, adopt and periodically review and
update indicators of efficiency for student and school system
performance and processes in the following areas:
(A) Curriculum delivery including, but not limited to, the use
of distance learning;
(B) Transportation;
(C) Facilities;
(D) Administrative practices;
(E) Personnel;
(F) Utilization of regional educational service agency
programs and services, including programs and services that may be
established by their assigned regional educational service agency, or other regional services that may be initiated between and among
participating county boards; and
(G) Any other indicators as determined by the state board.
(e) Assessment and accountability of school and school system
performance and processes. -- The state board shall establish by
rule in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code, a system of education performance
audits which measures the quality of education and the preparation
of students based on the standards and measures of student, school
and school system performance and processes, including, but not
limited to, the standards and measures set forth in subsections (c)
and (d) of this section. The system of education performance
audits shall assist the state board in ensuring that the standards
and measures established pursuant to this section are, at a
minimum, being met and that a thorough and efficient system of
schools is being provided. The system of education performance
audits shall include: (1) The assessment of student, school and
school system performance and the processes in place in schools and
school systems which enable student performance; (2) the review of
school and school system unified improvement plans; and (3) the
periodic, random unannounced on-site review of school and school system performance and compliance with the standards.
(f) Uses of school and school system assessment information.
-- The state board shall use information from the system of
education performance audits to assist it in ensuring that a
thorough and efficient system of schools is being provided and to
improve student, school and school system performance, including,
but not limited to, the following: (1) Determining school
accreditation and school system approval status; (2) holding
schools and school systems accountable for the efficient use of
existing resources to meet or exceed the standards; and (3)
targeting additional resources when necessary to improve
performance. Primary emphasis in determining school accreditation
and school system approval status will be based on student, school
and school system performance on measures selected by the state
board. The state board shall make accreditation information
available to the Legislature; the governor; and to the general
public and any individuals who request such information, subject to
the provisions of any act, rule or regulation restricting the
release of information. Based on the assessment of student, school
and school system performance, the state board shall establish
early detection and intervention programs to assist underachieving schools and school systems in improving performance before
conditions become so grave as to warrant more substantive state
intervention, including, but not limited to, making additional
technical assistance, programmatic, monetary and staffing resources
available where appropriate.
(g) Office of education performance audits. -- To assist the
state board in the operation of the system of education performance
audits and in making determinations regarding the accreditation
status of schools and the approval status of school systems, the
state board shall establish an office of education performance
audits which shall be operated under the direction of the state
board independently of the functions and supervision of the state
department of education and state superintendent. The office of
education performance audits shall report directly to and be
responsible to the state board in carrying out its duties under the
provisions of this section. The office shall be headed by a
director who shall be appointed by the state board and shall serve
at the will and pleasure of the state board. The salary of the
director shall not exceed the salary of the state superintendent of
schools. The state board shall organize and sufficiently staff the
office to fulfill the duties assigned to it by this section and the state board. Employees of the state department of education who
are transferred to the office of education performance audits shall
retain their benefit and seniority status with the department of
education. Under the direction of the state board, the office of
education performance audits shall receive from the West Virginia
education information system staff research and analysis data on
the performance of students, schools and school systems, and shall
receive assistance from staff at the state department of education
and the state school building authority to carry out the duties
assigned to the office. In addition to other duties which may be
assigned to it by the state board or by statute, the office of
education performance audits also shall:
(1) Assure that all statewide assessments of student
performance are secure as required in section one-a, article two-e
of this chapter;
(2) Administer all accountability measures as assigned by the
state board, including, but not limited to, processes for the
accreditation of schools and the approval of school systems, and
recommend to the state board appropriate action, including, but not
limited to, accreditation and approval action;
(3) Determine, in conjunction with the assessment and accountability processes, what capacity may be needed by schools
and school systems to meet the standards established by the
Legislature and the state board, and recommend to the school,
school system and state board, plans to establish those needed
capacities;
(4) Determine, in conjunction with the assessment and
accountability processes, whether statewide system deficiencies
exist in the capacity to establish and maintain a thorough and
efficient system of schools, including the identification of
trends and the need for continuing improvements in education, and
report those deficiencies and trends to the state board;
(5) Determine, in conjunction with the assessment and
accountability processes, staff development needs of schools and
school systems to meet the standards established by the Legislature
and the state board, and make recommendations to the state board,
the center for professional development, regional educational
service agencies, higher education governing boards and county
boards; and
(6) Identify, in conjunction with the assessment and
accountability processes, exemplary schools and school systems and
best practices that improve student, school and school system performance, and make recommendations to the state board for
recognizing and rewarding exemplary schools and school systems and
promoting the use of best practices. The state board shall provide
information on best practices to county school systems and shall
use information identified through the assessment and
accountability processes to select schools of excellence.
(h) On-site reviews. -- At the direction of the state board or
by weighted, random selection by the office of education
performance audits, an unannounced on-site review shall be
conducted by the office of education performance audits of any
school or school system for purposes, including, but not limited
to, the following: (1) Verifying data reported by the school or
county board; (2) documenting compliance with policies and laws;
(3) evaluating the effectiveness and implementation status of
school and school system unified improvement plans; (4)
investigating official complaints submitted to the state board that
allege serious impairments in the quality of education in schools
or school systems; and (5) investigating official complaints
submitted to the state board that allege that a school or county
board is in violation of policies or laws under which schools and
county boards operate. The random selection of schools and school systems for an on-site review shall use a weighted random sample so
that those with lower performance indicators and those that have
not had a recent on-site review have a greater likelihood of being
selected. Under the direction of the state board, the office of
education performance audits shall appoint an education standards
compliance review team to assist it in conducting on-site reviews.
The teams shall be composed of an adequate number of persons who
possess the necessary knowledge, skills and experience to make an
accurate assessment of education programs and who are drawn from a
trained cadre established by the office of education performance
audits. The state board shall have discretion in determining the
number of persons to serve on a standards compliance review team
based on the size of the school or school system as applicable.
The teams shall be led by a member of the office of education
performance audits. County boards shall be reimbursed for the
costs of substitutes required to replace county board employees
while they are serving on an education standards compliance review
team. The office of education performance audits shall report the
findings of the on-site reviews to the state board for inclusion in
the evaluation and determination of a school's or county board's
accreditation or approval status as applicable.
(i) School accreditation. -- The state board annually shall
review the information from the system of education performance
audits submitted for each school and shall issue to every school:
Exemplary accreditation status, full accreditation status,
temporary accreditation status, conditional accreditation status,
or shall declare the education programs at the school to be
seriously impaired.
(1) Full accreditation status shall be given to a school when
the school's performance on the standards adopted by the state
board pursuant to subsections (c) and (d) of this section is at a
level which would be expected when all of the high quality
education standards are being met.
(2) Temporary accreditation status shall be given to a school
when the measure of the school's performance is below the level
required for full accreditation status. Whenever a school is given
temporary accreditation status, the county board shall ensure
that the school's unified improvement plan is revised to increase
the performance of the school to a full accreditation status
level. The revised unified school improvement plan shall include
objectives, a time line, a plan for evaluation of the success of
the improvements, cost estimates, and a date certain for achieving full accreditation. The revised plan shall be submitted to the
state board for approval.
(3) Conditional accreditation status shall be given to a
school when the school's performance on the standards adopted by
the state board is below the level required for full accreditation,
but the school's unified improvement plan has been revised to
achieve full accreditation status by a date certain, the plan has
been approved by the state board and the school is meeting the
objectives and time line specified in the revised plan.
(4) Exemplary accreditation status shall be given to a school
when the school's performance on the standards adopted by the state
board pursuant to subsections (c) and (d) of this section
substantially exceeds the minimal level which would be expected
when all of the high quality education standards are being met.
The state board shall propose legislative rules in accordance with
the provisions of article three-b, chapter twenty-nine-a,
designated to establish standards of performance to identify
exemplary schools.
(5) The state board shall establish and adopt standards of
performance to identify seriously impaired schools and the state
board may declare a school seriously impaired whenever extraordinary circumstances exist as defined by the state board.
These circumstances shall include, but are not limited to, the
failure of a school on temporary accreditation status to obtain
approval of its revised unified school improvement plan within a
reasonable time period as defined by the state board and the
failure of a school on conditional accreditation status to meet the
objectives and time line of its revised unified school improvement
plan or to achieve full accreditation by the date specified in the
revised plan. Whenever the state board determines that the quality
of education in a school is seriously impaired, the state board
shall appoint a team of improvement consultants to make
recommendations within sixty days of appointment for correction of
the impairment. Upon approval of the recommendations by the state
board, the recommendations shall be made to the county board. If
progress in correcting the impairment as determined by the state
board is not made within six months from the time the county board
receives the recommendations, the state board shall place the
county board on temporary approval status and provide consultation
and assistance to the county board to: (i) Improve personnel
management; (ii) establish more efficient financial management
practices; (iii) improve instructional programs and rules; or (iv) make such other improvements as may be necessary to correct the
impairment. If the impairment is not corrected by a date certain
set by the state board, the county board shall be given nonapproval
status.
(j) Transfers from seriously impaired schools. -- Whenever a
school is determined to be seriously impaired and fails to improve
its status within one year, any student attending such school may
transfer once to the nearest fully accredited school, subject to
approval of the fully accredited school and at the expense of the
school from which the student transferred.
(k) School system approval. -- The state board annually shall
review the information submitted for each school system from the
system of education performance audits and issue one of the
following approval levels to each county board: Full approval,
temporary approval, conditional approval, or nonapproval.
(1) Full approval shall be given to a county board whose
education system meets or exceeds all of the high quality standards
for student, school and school system performance and processes
adopted by the state board and whose schools have all been given
full, temporary or conditional accreditation status.
(2) Temporary approval shall be given to a county board whose education system is below the level required for full approval.
Whenever a county board is given temporary approval status, the
county board shall revise its unified county improvement plan to
increase the performance of the school system to a full approval
status level. The revised plan shall include objectives, a time
line, a plan for evaluation of the success of the improvements, a
cost estimate, and a date certain for achieving full approval. The
revised plan shall be submitted to the state board for approval.
(3) Conditional approval shall be given to a county board
whose education system is below the level required for full
approval, but whose unified county improvement plan meets the
following criteria: (i) The plan has been revised to achieve full
approval status by a date certain; (ii) the plan has been approved
by the state board; and (iii) the county board is meeting the
objectives and time line specified in the revised plan.
(4) Nonapproval status shall be given to a county board which
fails to submit and gain approval for its unified county
improvement plan or revised unified county improvement plan within
a reasonable time period as defined by the state board or fails to
meet the objectives and time line of its revised unified county
improvement plan or fails to achieve full approval by the date specified in the revised plan. The state board shall establish and
adopt additional standards to identify school systems in which the
program may be nonapproved and the state board may issue
nonapproval status whenever extraordinary circumstances exist as
defined by the state board. Furthermore, whenever a county board
has more than a casual deficit, as defined in section one, article
one of this chapter, the county board shall submit a plan to the
state board specifying the county board's strategy for eliminating
the casual deficit. The state board either shall approve or reject
the plan. If the plan is rejected, the state board shall
communicate to the county board the reason or reasons for the
rejection of the plan. The county board may resubmit the plan any
number of times. However, any county board that fails to submit a
plan and gain approval for the plan from the state board before the
end of the fiscal year after a deficit greater than a casual
deficit occurred or any county board which, in the opinion of the
state board, fails to comply with an approved plan may be
designated as having nonapproval status. Whenever nonapproval
status is given to a school system, the state board shall declare
a state of emergency in the school system and shall appoint a team
of improvement consultants to make recommendations within sixty days of appointment for correcting the emergency. Upon approval of
the recommendations by the state board, the recommendations shall
be made to the county board. If progress in correcting the
emergency, as determined by the state board, is not made within six
months from the time the county board receives the recommendations,
the state board shall intervene in the operation of the school
system to cause improvements to be made that will provide
assurances that a thorough and efficient system of schools will be
provided. This intervention may include, but is not limited to,
the following: (i) Limiting the authority of the county
superintendent and county board as to the expenditure of funds, the
employment and dismissal of personnel, the establishment and
operation of the school calendar, the establishment of
instructional programs and rules and any other areas as may be
designated by the state board by rule; (ii) taking such direct
action as may be necessary to correct the emergency; and (iii)
declaring that the office of the county superintendent is vacant.
(l) Notwithstanding any other provision of this section, the
state board may intervene immediately in the operation of the
county school system with all the powers, duties and
responsibilities contained in subsection (k) of this section, if the state board finds the following:
(1) That the conditions precedent to intervention exist as
provided in this section; and
(2) That delaying intervention for any period of time would
not be in the best interests of the students of the county school
system.
(m) Capacity. -- The process for improving education includes
a process for targeting resources strategically to improve the
teaching and learning process. Development of unified school and
school system improvement plans, pursuant to subsection (b) of this
section, is intended, in part, to provide mechanisms to target
resources strategically to the teaching and learning process to
improve student, school and school system performance. When
deficiencies are detected through the assessment and accountability
processes, the revision and approval of school and school system
unified improvement plans shall ensure that schools and school
systems are efficiently using existing resources to correct the
deficiencies. When the state board determines that schools and
school systems do not have the capacity to correct deficiencies,
the state board shall work with the county board to develop or
secure the resources necessary to increase the capacity of schools and school systems to meet the standards and, when necessary, seek
additional resources in consultation with the Legislature and the
governor.
The state board shall recommend to the appropriate body
including, but not limited to, the Legislature, county boards,
schools and communities, methods for targeting resources
strategically to eliminate deficiencies identified in the
assessment and accountability processes by:
(1) Examining reports and unified improvement plans regarding
the performance of students, schools and school systems relative to
the standards and identifying the areas in which improvement is
needed;
(2) Determining the areas of weakness and of ineffectiveness
that appear to have contributed to the substandard performance of
students or the deficiencies of the school or school system;
(3) Determining the areas of strength that appear to have
contributed to exceptional student, school and school system
performance and promoting their emulation throughout the system;
(4) Requesting technical assistance from the school building
authority in assessing or designing comprehensive educational
facilities plans;
(5) Recommending priority funding from the school building
authority based on identified needs;
(6) Requesting special staff development programs from the
center for professional development, higher education, regional
educational service agencies and county boards based on identified
needs;
(7) Submitting requests to the Legislature for appropriations
to meet the identified needs for improving education;
(8) Directing county boards to target their funds
strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with
increased enrollment are appropriately reflected and recommended
for funding;
(10) Ensuring that the appropriate person or entity is held
accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the
state and local level to assist the school or school system in
achieving the standards and alleviating the deficiencies.
(n) Review of accountability system. -
(1) The Legislature finds that the effective implementation of
a standards based accountability system is an important issue for the state's public education system. In order for the state to
make improvements in its standards based accountability system, it
is essential to review the standards based accountability system
currently in place to identify areas of possible improvements that
may exist. It is the intent of the Legislature that each area of
the standards based accountability system be reviewed in accordance
with nationally recognized standards.
(2) The state board shall conduct a comprehensive review of
the current standards based accountability system and report the
findings to the legislative oversight commission on education
accountability with recommendations for improvements on or before
the first day of January, two thousand one. The review shall
include, but not be limited to, the following:
(A) The extent to which accountability goals and strategies
focus on academic performance, and the extent that other purposes
are clarified in terms of coherent, specific goals to be achieved;
(B) The extent to which designated authorities are charged
with the efficient governance of the accountability system;
(C) The extent to which specific responsibilities for student
learning and performance are assigned to designated agents;
(D) The extent to which accountability is based on accurate measures of performance as informed by assessments that are
administered equitably to all students;
(E) The extent to which those responsible for governing
accountability regularly report student and school performance
information in useful terms and on a timely basis to school staff,
students and their families, and local policymakers, and the news
media;
(F) The extent to which incentives are established that
effectively motivate agents to improve student learning, and the
extent that consequences, which could include rewards,
interventions or sanctions, are predictably applied in response to
performance results;
(G) The extent to which agents are provided sufficient support
and assistance to ensure they have the capacity necessary to help
students achieve high performance standards;
(H) The extent to which policy makers work to ensure that
education policies, mandated programs, financial resources, and the
accountability system are well aligned so that consistent messages
are communicated about education goals and priorities;
(I) The extent to which the accountability system has
widespread support; and
(J) The extent to which various established partnerships work
together to support districts, schools and teachers in their
efforts to improve student achievement.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-44. Integration of character education.
Each county board shall establish a comprehensive approach to
integrate character education into all aspects of school culture
and existing curriculum. The following elements, derived from the
character education partnership in their "Eleven Principles of
Effective Character Education" shall be considered by each county
in planning and implementing character education:
(a) Character education promotes widely shared core ethical
values, such as honesty, fairness, caring, respect and
responsibility as the basis of good character;
(b) Good character consists of understanding, caring about and
acting upon core ethical values;
(c) Effective character education requires an intentional,
proactive, and comprehensive approach that promotes the core
ethical values in all phases of school life;
(d) The daily life of the school, from classroom to cafeteria
to playground to school bus, must embody core ethical values;
(e) To develop good character, students need opportunities to
apply core ethical values in everyday interactions and discussions;
(f) Effective character education includes a meaningful and
challenging academic curriculum that respects all learners and
helps them succeed;
(g) Character education develops internal motivation;
(h) The entire school staff must be involved in learning
about, discussing and adhering to the same core ethical principles
that guide the education of the students;
(i) Character education requires ethical leadership from both
staff and students to focus on particular aspects of the character
effort;
(j) The school must recruit parents and community members as
full partners in the character-building effort; and
(k) Evaluation of character education should assess three
areas: The character of the school, the school staff's functioning
as character educators and the extent to which students manifest
good character.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-4a. Foundation allowance for additional school counselors,
registered professional nurses and licensed social workers.
(a) The basic foundation allowance to the county for
additional school counselors, registered professional nurses and
licensed social workers shall be the amount of money required to
pay the state minimum salaries in accordance with the provisions of
article four, chapter eighteen-a of this code: Provided, That in
making this computation no county shall receive an allowance for
the personnel which number is in excess of seventy-five one
hundredths total school counselors, registered professional nurses
and licensed social workers to each one thousand students in
adjusted enrollment. The net enrollment limit set forth in section
five-a of this article shall not limit the amount of the allowance
specified in this section.
(b) The additional positions created by the provisions of
subsection (a) of this section, shall be subject to appropriation
by the Legislature. If the full amount of the funding needed to
meet the requirements of subsection (a) above is not provided, then
the adjusted enrollment ratio in subsection (a) above shall be
decreased to equal the funds appropriated by the Legislature.
(c) Each county board shall target the new positions created
in this section to at-risk students in the early grades. For the purposes of this section only, at-risk students are students with
the potential to become dangerous students as defined in section
one, article one, chapter eighteen-a of this code and one or more
of the following characteristics:
(1) Developmentally delayed physically, socially, emotionally,
perceptually or intellectually;
(2) One or more years behind their grade level in reading or
math basic skills achievement;
(3) Behind their age and grade level in credits earned for
graduation;
(4) Chronically truant or absent;
(5) A child exhibiting patterns of anti-social behaviors;
(6) A school-age parent;
(7) An adjudicated delinquent;
(8) Influenced by personal or family drug or alcohol abuse;
(9) Influenced by family trauma such as death, divorce,
violence, separation, unemployment or loss of a household wage
earner;
(10) Physically, sexually or emotionally abused;
(11) Economically disadvantaged;
(12) Unable to communicate effectively in the language in which the instruction is being given; or
(13) A child with a disabling condition.
Each county board shall establish by policy, prior to the
twenty-sixth day of August, two thousand, a procedure for
identifying the number and distribution of at-risk students and a
method of targeting the school counselor, registered professional
nurse and social worker services toward at-risk students in the
early grades.
(d) All positions provided for in this section shall be filled
only by school counselors, registered professional nurses and
licensed social workers. Each county, on an annual basis, shall
certify to the department of education that it is filling the
positions created in this section only with school counselors,
registered professional nurses and licensed social workers. The
state board shall certify to the legislative oversight commission
on education accountability that the positions in this section are
filled only by school counselors, registered professional nurses
and licensed social workers.
(e) Nothing in this section shall be construed to require any
additional funding by the Legislature.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 1. GENERAL PROVISIONS.
§18A-1-1. Definitions.
The definitions contained in section one, article one, chapter
eighteen of this code apply to this chapter. In addition, the
following words used in this chapter and in any proceedings
pursuant thereto shall, unless the context clearly indicates a
different meaning, be construed as follows:
(a) "School personnel" means all personnel employed by a
county board of education whether employed on a regular full-time
basis, an hourly basis or otherwise. School personnel shall be
comprised of two categories: Professional personnel and service
personnel.
(b) "Professional personnel" means persons who meet the
certification and /or licensing requirements of the state, and
includes the professional educator and other professional
employees.
(c) "Professional educator" is synonymous with and has the
same meaning as "teacher" as defined in section one, article one,
chapter eighteen of this code. Professional educators shall be
classified as:
(1) "Classroom teacher". -- The professional educator who has direct instructional or counseling relationship with pupils,
spending the majority of his or her time in this capacity.
(2) "Principal". -- The professional educator who as agent of
the board has responsibility for the supervision, management and
control of a school or schools within the guidelines established by
said board. The major area of such responsibility shall be the
general supervision of all the schools and all school activities
involving pupils, teachers and other school personnel.
(3) "Supervisor". -- The professional educator who, whether by
this or other appropriate title, is responsible for working
primarily in the field with professional and/or other personnel in
instructional and other school improvement.
(4) "Central office administrator". -- The superintendent,
associate superintendent, assistant superintendent and other
professional educators, whether by these or other appropriate
titles, who are charged with the administering and supervising of
the whole or some assigned part of the total program of the
county-wide school system.
(d) "Other professional employee" means that person from
another profession who is properly licensed and is employed to serve the public schools and includes a registered professional
nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board of
education, who has completed either a two-year (sixty-four semester
hours) or a three-year (ninety-six semester hours) nursing program.
(e) "Service personnel" means those who serve the school or
schools as a whole, in a nonprofessional capacity, including such
areas as secretarial, custodial, maintenance, transportation,
school lunch and as aides.
(f) "Principals academy" or "academy" means the academy
created pursuant to section two-b, article three-a of this chapter.
(g) "Center for professional development" means the center
created pursuant to section one, article three-a of this chapter.
(h) "Job-sharing arrangement" means a formal, written
agreement voluntarily entered into by a county board with two or
more of its professional employees who wish to divide between them
the duties and responsibilities of one authorized full-time
position.
(i) "Prospective employable professional personnel" means
certified professional educators who:
(1) Have been recruited on a reserve list of a county board;
(2) Have been recruited at a job fair or as a result of
contact made at a job fair;
(3) Have not obtained regular employee status through the job
posting process provided for in section seven-a, article four of
this chapter; and
(4) Have obtained a baccalaureate degree from an accredited
institution of higher education within the past year.
(j) "Dangerous student" means a pupil whose history of
misconduct shows there is a substantial likelihood that he or she
would cause serious bodily injury to another individual. A
dangerous student may include, but is not limited to:
(1) A student in violation of sections nine-b, fifteen and
fifteen-a, article two, chapter sixty-one of this code;
(2) A student in violation of sections one and nine, article
two, chapter sixty-one of this code;
(3) A student in violation of sections three, four, five,
seven, eight and nine, article eight-b, chapter sixty-one of this
code; and
(4) A student who repeatedly engages in dangerous misconduct.
(k) "Alternative education" means an authorized departure from
the regular school program designed to provide educational and social development for students whose disruptive behavior places
them at risk of not succeeding in the traditional school structures
and in adult life without positive interventions.
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(s),
guardian(s) or custodian(s) 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.
Additionally, disciplinary or other appropriate measures may be
taken by a teacher for violence or a threat of violence that occurs
off school property if the violence or threat of violence is an
extension of a threat made or an extension of an occurrence on
school property.
(b) 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
the exclusion. Any pupil so excluded shall may
not be readmitted
to the school until such the
pupil has complied with all the
requirements of the rules governing such these
cases, or has
presented a certificate of health signed by the medical inspector
or other proper health officer.
(c) The teacher shall have authority to exclude from his or
her classroom or school bus, any pupil who is guilty of disorderly
conduct; who in any manner interferes with an orderly educational
process; who threatens, abuses or otherwise intimidates or attempts
to intimidate a school employee or a pupil; or who willfully
disobeys a school employee; or who uses abusive or profane language
directed at a school employee. Any pupil excluded shall be placed
under the control of the principal of the school or a designee.
The excluded pupil may be admitted to the classroom or school bus
only when the principal, or a designee, provides written
certification to the teacher that the pupil may be readmitted and specifies the specific type of disciplinary action, if any, which
was taken. If the principal finds that disciplinary action is
warranted, he shall provide written and, if possible, telephonic
notice of such the
action to the parent(s), guardian(s) or
custodian(s). When a teacher excludes the same pupil from his or
her classroom or from a school bus three times in one school year,
and after exhausting all reasonable methods of classroom discipline
provided in the school discipline plan, the pupil may be readmitted
to the teacher's classroom only after the principal, teacher and,
if possible, the parent(s), guardian(s) or custodian(s) of the
pupil have held a conference to discuss the pupil's disruptive
behavior patterns and the teacher and the principal agree on a
course of discipline for the pupil and inform the parent(s),
guardian(s) or custodian(s) of the course of action. Thereafter,
if the pupil's disruptive behavior persists, upon the teacher's
request, the principal may, to the extent feasible, transfer the
pupil to another setting.
(d) Corporal punishment of any pupil by a school employee is
prohibited.
(e) 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
parent(s), guardian(s) or custodian(s) in the maintenance of school
discipline. The county boards of education shall provide for the
immediate incorporation and implementation in the schools of a
preventive discipline program, which may include the responsible
student program, and a student involvement program, which may
include the peer mediation program, devised by the West Virginia
board of education. Each board may modify such programs to meet
the particular needs of the county. The county boards shall
provide in-service training for teachers and principals relating to
assertive discipline procedures and conflict resolution. The
county boards of education may also establish cooperatives with
private entities to provide middle educational programs, which may
include programs focusing on developing individual coping skills,
conflict resolution, anger control, self-esteem issues, stress
management, and decision making for students and any other program
related to preventive discipline.
(f) For the purpose of this section: (1) "Pupil or student"
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) "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.
(g) Teachers shall exercise such any
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.
(h) Any county superintendent may petition a circuit judge to
require that a pupil undergo a psychological evaluation if the
pupil has:
(1) Committed a violent act against another person;
(2) Attempted to commit a violent act against another person;
(3) Plans to commit a violent act against another person;
(4) Vandalized property on school property; or
(5) Vandalized property within reasonable proximity of school
property.
§18A-5-1a. Possessing deadly weapons on premises of educational
facilities; possessing a controlled substance on
premises of educational facilities; assaults and
batteries committed by pupils upon teachers or other
school personnel; temporary suspension, hearing;
procedure, notice and formal hearing; extended
suspension; sale of narcotic; expulsion; exception;
alternative education.
(a) A principal shall suspend a pupil from school or from
transportation to or from the school on any school bus if the
pupil, in the determination of the principal, after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Violated the provisions of subsection (b), section fifteen, article
two, chapter sixty-one of this code; (ii) violated the provisions
of subsection (b), section eleven-a, article seven, chapter
sixty-one of this code; or (iii) sold a narcotic drug, as defined
in section one hundred one, article one, chapter sixty-a of this
code, on the premises of an educational facility, at a
school-sponsored function or on a school bus. If a student has
been suspended pursuant to this subsection, the principal shall,
within twenty-four hours, request that the county superintendent recommend to the county board that the student be expelled. Upon
such a the
request by a principal, the county superintendent shall
recommend to the county board that the student be expelled. Upon
such a
recommendation, the county board shall conduct a hearing in
accordance with subsections (e), and (f) and (g) of this section to
determine if the student committed the alleged violation. If the
county board of education finds that the student did commit the
alleged violation, the county board of education shall expel the
student.
(b) A principal shall suspend a pupil from school, or from
transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i)
Committed an act or engaged in conduct that would constitute a
felony under the laws of this state if committed by an adult; or
(ii) unlawfully possessed on the premises of an educational
facility or at a school-sponsored function a controlled substance
governed by the uniform controlled substances act as described in
chapter sixty-a of this code. If a student has been suspended
pursuant to this subsection, the principal may request that the
superintendent recommend to the county board that the student be expelled. Upon such the
recommendation by the county
superintendent, the county board may hold a hearing in accordance
with the provisions of subsections (e), and (f) and (g) of this
section to determine if the student committed the alleged
violation. If the county board finds that the student did commit
the alleged violation, the county board may expel the student.
(c) A principal may suspend a pupil from school, or
transportation to or from the school on any school bus, if the
pupil, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section: (i) Threatened
to injure, or in any manner injured, a pupil, teacher,
administrator or other school personnel; (ii) willfully disobeyed
a teacher; (iii) possessed alcohol in an educational facility, on
school grounds, a school bus or at any school-sponsored function;
(iv) used profane language directed at a school employee or pupil;
(v) intentionally defaced any school property; (vi) participated in
any physical altercation with another person while under the
authority of school personnel; or (vii) habitually violated school
rules or policies. If a student has been suspended pursuant to
this subsection, the principal may request that the superintendent
recommend to the county board that the student be expelled. Upon such the
recommendation by the county superintendent, the county
board may hold a hearing in accordance with the provisions of
subsections (e), and (f) and (g) of this section to determine if
the student committed the alleged violation. If the county board
finds that the student did commit the alleged violation, the county
board may expel the student.
(d) The actions of any pupil which may be grounds for his or
her suspension or expulsion under the provisions of this section
shall be reported immediately to the principal of the school in
which the pupil is enrolled. If the principal determines that the
alleged actions of the pupil would be grounds for suspension, he or
she shall conduct an informal hearing for the pupil immediately
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, in which case the pupil shall be
suspended immediately and a hearing held as soon as practicable
after the suspension.
The pupil and his or her parent(s), guardian(s) or
custodian(s), as the case may be, shall be given telephonic notice, if possible, 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 student to appear, the principal may suspend the
pupil for a maximum of ten school days, including the time prior to
the hearing, if any, for which the pupil has been excluded from
school.
The principal shall report any suspension the same day it has
been decided upon, in writing, to the parent(s), guardian(s) or
custodian(s) of the pupil by certified mail, return receipt
requested: Provided, That certified mail is not required if one or
both of the parents, guardians or custodians of the pupil are
present at the time the suspension is decided upon, or if any one
of them acknowledges receipt of the report by signing and dating a
copy of the report. The suspension also shall be reported to the
county superintendent and to the faculty senate of the school at the next meeting after the suspension.
(e) Prior to a hearing before the county board, the county
board shall cause a written notice, which states the charges and
the recommended disposition, to be served upon the pupil and his or
her parent(s), guardian(s) or custodian(s), as the case may be.
Such The notice shall set forth a date and time at which such the
hearing shall be held, which date shall be within the ten-day
period of suspension imposed by the principal.
(f) The county board shall hold the scheduled hearing to
determine if the pupil should be reinstated or should, or under the
provisions of this section, must be expelled from school. If the
county board determines that the student should or must be expelled
from school, it may also determine whether the student is a
dangerous student pursuant to subsection (g) of this section. 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 shall be recorded by mechanical
means, unless recorded by a certified court reporter. 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 may adopt other supplementary rules of procedure to be
followed in these hearings. At the conclusion of the hearing the
county board 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 the
county.
(g) If the county board expels the student, it may determine
whether the student is a dangerous student as defined in section
one, article one of this chapter. If the county board finds that
the student is a dangerous student, the county board may refuse to
provide alternative education: Provided, That the county board,
when available, shall provide the requisite materials and guidance
for the student to receive a reasonable state-funded education
pursuant to subsection (i) of this section. However, when a
student is found to be a dangerous student, is expelled and is
denied alternative education, a hearing shall be conducted within
two months after the refusal by the board to provide alternative
education to reexamine whether or not the student is a dangerous
student and whether the student shall be provided alternative
education. At any hearing to reexamine the dangerousness of a
student, the student may be represented by counsel, may call witnesses, and may present psychiatric or psychological evidence.
If it is determined during any of the hearings that the student is
no longer a dangerous student or should be provided alternative
education, the student may be provided alternative education during
the remainder of the period of time that the student is expelled.
(h) Any student denied alternative education by a school board
may petition the appropriate circuit court for review of the county
board's finding that the student is a dangerous student.
(i) Subject to the appropriation by the Legislature for the
purposes set forth in this subsection, the state board shall
develop a program to provide the requisite materials and guidance
so that the student may receive a reasonable state-funded basic
education. The program may include an online alternative school
instructional system, other computer facilitated education program
or a correspondence-based education program. The program shall
allow the student to continue his or her education at home, without
placing any school employee or other pupil in danger. If the
county board decides to deny a student any alternative education
and if the program developed by the state board pursuant to this
subsection is available, it shall use the program developed by the
state board. The program's curriculum shall be equivalent to the curriculum employed by the student's county school system.
(j) The superintendent may apply to a circuit judge or
magistrate for authority to subpoena witnesses and documents, upon
his or her own initiative, in a proceeding related to a recommended
student expulsion before a county board, conducted pursuant to the
provisions of this section. Upon the written request of any other
party, the superintendent shall apply to a circuit judge or
magistrate for the authority to subpoena witnesses, documents or
both on behalf of the other party, in a proceeding related to a
recommended student expulsion before a county board. If the
authority to subpoena is granted, the superintendent shall subpoena
the witnesses, documents or both requested by the other party.
Furthermore, if the authority to subpoena is granted, it shall be
exercised in accordance with the provisions of section one, article
five, chapter twenty-nine-a of this code.
(g) (k) Pupils may be expelled pursuant to the provisions of
this section for a period not to exceed one school year, except
that if a pupil is determined to have violated the provisions of
subsection (a) of this section the pupil shall be expelled for a
period of not less than twelve consecutive months: Provided, That
the county superintendent may lessen the mandatory period of twelve consecutive months for the expulsion of the pupil if the
circumstances of the pupil's case demonstrably warrant. Upon the
reduction of the period of expulsion, the county superintendent
shall prepare a written statement setting forth the circumstances
of the pupil's case which warrant the reduction of the period of
expulsion. The county superintendent shall submit the statement to
the county board, the principal, the faculty senate and the local
school improvement council for the school from which the pupil was
expelled. The county superintendent may use the following factors
as guidelines in determining whether or not to reduce a mandatory
twelve-month expulsion:
(1) The extent of the pupil's malicious intent;
(2) The outcome of the pupil's misconduct;
(3) The pupil's past behavior history; and
(4) The likelihood of the pupil's repeated misconduct.
(h) (l) Notwithstanding the preceding provisions of this
section, if a pupil has been classified as a student with a
disability, prior to performing the actions giving rise to this
section, special consideration shall be given to such the pupil as
hereinafter provided:
(1) Regardless of whether or not the misconduct is the proximate result of the disability of a student, a student with a
disability may be suspended immediately for up to ten consecutive
days for each occurrence of misconduct or when it is necessary for
the protection of the student, the protection of school personnel
or the protection of other students;
(2) If the misconduct is found to be the proximate result of
the disability of the student, then, subject to the provisions of
subsection (3) of this section, the student may not be suspended or
expelled for more than ten consecutive days for each occurrence of
misconduct or for each occurrence when it is necessary for the
protection of the student, the protection of school personnel or
the protection of other students;
(3) A student with a disability who has committed a violation
involving the possession of a firearm, as defined in section two,
article seven, chapter sixty-one of this code, on the school
premises or at a school-sponsored function may be placed in an
alternative educational setting by the individualized education
program committee, as described in section one, article twenty,
chapter eighteen of this code, for a period of not more than
forty-five calendar days. During this time, if a parent, guardian
or custodian requests a due process hearing to contest placement of the student, the student shall remain in the alternative education
setting during the pendency of any proceeding, unless the parents
and the county board agree otherwise. At the conclusion of the
proceeding, if it is determined that the student with a disability
committed a violation involving the possession of a firearm and the
violation is not the proximate result of the disability of the
student, the student with a disability shall be expelled from
school for the period set forth in the applicable provisions of
this section: Provided, That special education and related
services must be provided during this additional period of
expulsion;
(4) If the behavior giving rise to the violation or activity
is not the proximate result of the disability of the student, a
student with a disability who has committed a violation involving
the possession of a deadly weapon, as defined in section two,
article seven, chapter sixty-one of this code, other than a
firearm, or who has committed a violation or has engaged in any
other activity for which suspension or expulsion is a punishment
under the provisions of this article, shall be suspended or
expelled from school in the manner described in this section. In
addition, special education and related services must be provided during the period of a suspension or expulsion exceeding ten days;
and
(5) If the student with a disability has been suspended and it
is determined that the misconduct is the proximate result of the
disability of the student, it is recommended that school officials
determine whether the student is receiving appropriate
instructional and related services in the current placement. In
addition, the violations may be addressed through strategies,
including, but not limited to, the following: (i) Conflict
management and behavior management strategies which are not
inconsistent with the individualized education program of the
student; (ii) student and teacher training initiatives which are
not inconsistent with the individualized education program of the
student; (iii) an initiation by professional educators, at any
time, of a change in the placement of the student through an
individualized education program meeting to be held within
twenty-one days, subject to the applicable procedural safeguards;
and (iv) an initiation of a court order to remove the student from
school, if there is belief that maintaining the student in the
current educational placement is substantially likely to cause
injury to the student or others.
(i) (m) In all hearings under this section, facts shall be
found by a preponderance of the evidence.
(j) (n) For purposes of this section, nothing herein shall be
construed to be in conflict with the federal provisions of the
Individuals with Disabilities Education Act of 1990 (PL 101-476).
(k) (o) If a pupil transfers to another school in West
Virginia, the principal of the school from which the pupil
transfers shall provide a written record of any disciplinary action
taken against the pupil to the principal of the school to which the
pupil transfers.
(l) (p) Principals may exercise any other authority and
perform any other duties to discipline pupils consistent with state
and federal law, including policies of the state board of
education.
§18A-5-8a. Use of employee and student identification cards.
In order to promote a more safe school environment, the use of
identification cards by all school employees and pupils is
permitted. The state board shall promulgate legislative rules in
accordance with article one-b, chapter twenty-nine-a of this code
that implements the provisions of this section.
NOTE: The purpose of this bill is to deal positively with
maintaining a safe environment in the schools by providing them
with guidance programs, a 24-hour safety hotline, character
education, a registered nurse and social worker for at-risk
students, allowing disciplinary measures for outside violence,
supplying procedures for expelling a dangerous student, subpoena
powers for expulsion hearings and guidelines for use by
superintendents in suspension proceedings.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§18-2-35, 18-5-44, 18-9A-4a and 18A-5-8a are new; therefore,
strike-throughs and underscoring have been omitted.