New Student Discipline Bill

Here’s what you need to know:

Regular discipline for all students

West Virginia Code §18A-5-1 empowers teachers to exclude from their classroom, and bus operators to exclude from their bus, any student who:

• is guilty of disorderly conduct, 
• in any manner interferes with an orderly educational process, 
• behaves in a manner that obstructs the teaching or learning process of others in the classroom, 
• threatens, abuses or otherwise intimidates or attempts to intimidate an employee or student,
• willfully disobeys an employee, or 
• uses abusive or profane language directed at an employee

Excluded students are to be: 

• placed under the control of the principal or a designee
• readmitted to the classroom or bus only when the principal/designee provides written certification to the teacher specifying any disciplinary action that was taken AND after the school counselor, social worker, or psychologist develops a behavioral plan for reentry to the classroom for the student
• the principal or designee must in writing and, if possible, by telephone give notice to the parent if disciplinary action is warranted.

After 2 removals from the classroom in one semester, and after exhausting all reasonable methods of classroom discipline provided in the school discipline plan, the student may be readmitted only if:

• the principal, teacher, school counselor, or school social worker, and, if possible, the parent(s), guardian(s), or custodian(s) of the student have held a conference to discuss the student's disruptive behavior patterns, 
• a school social worker, behavior specialist, board certified behavior analyst, school psychologist, or other qualified employee with expertise in the behavioral area establishes and implements a behavioral plan,  
• and the teacher and the principal agree on a course of discipline for the student and inform the parent(s), guardian(s), or custodian(s) of the course of action.

If the student's disruptive behavior persists, upon the teacher's request, the principal may, to the extent feasible, transfer the student to another setting. Many counties do not have an appropriate alternate setting available, particularly at the elementary level.

County boards are asked to create more alternative learning centers, expand their capacity for alternative placements, or partner with a licensed behavioral health agency, subject to funding, to correct these students' behaviors so they can return to a regular classroom without engaging in further disruptive behavior. Notably, no funding was provided to assist in creating these programs. 

The bill clarifies that nothing in it may be applied in a manner contrary to the provisions of IDEA or Section 504 of the Rehabilitation Act of 1973.

Each county board is required to ensure that every school implements a tier system discipline policy, with teacher input, to provide a framework for student behaviors and punishments. The principal shall support the teacher in the discipline of the students if proper cause and documentation is provided following the schoolwide discipline policy. The teacher may not be reprimanded if their actions are legal and within the structure of the county board's policy for student behavior and punishment. The county board policies shall also include an appeal procedure whereby a teacher may appeal to the county superintendent if a school principal refuses to allow the exclusion of a student from the classroom or if a teacher believes the school principal has prematurely ended the exclusion of a student from the classroom.

County boards also are required provide for the implementation in schools of a preventive discipline program, and shall provide in-service training for teachers and principals relating to assertive discipline procedures and conflict resolution.

For violent K-6 students and students in public pre-K programs 

If the teacher determines that the behavior of the student is violent, threatening, or intimidating toward staff or peers, or creates an unsafe learning environment or impedes on other students' ability to learn in a safe environment, the student shall be referred to the school counselor, school social worker, school psychologist, or behavior interventionist who shall conduct a functional behavioral assessment to assess underlying causes of the student’s behavior.

• The behavioral plan shall be followed for a period of two weeks. After that, a re-evaluation of the student’s behavior shall be conducted and if adequate progress is being made, the behavioral plan shall continue.
• If the evaluation does not show adequate progress, the principal, teacher, and school counselor, school social worker, school psychologist, or behavior interventionist shall determine whether the plan needs to be changed. If, after another period of two weeks the student still has not shown adequate progress, then the student shall be placed in a behavioral intervention program or with a licensed behavioral health agency the county has established, has partnered with another county board to establish, or has gained access to for its students through an agreement with another county board for the purpose of addressing such behaviors.
• If the county board has not established, partnered with another county board to establish, or gained access through an agreement with another county board to a behavioral intervention program: 
  • The students shall be removed from the classroom immediately after the incident and removed from the presence of other students for the remainder of the school day;
  • The parents shall be notified and shall pick the student up from school preferably immediately, but by the end of the day at the latest, upon which the student shall be considered suspended from school;
  • If a student has to ride the bus home, that student shall ride the bus under the supervision of a principal, vice principal, or an individual designated by the principal to ensure the safety of the student, the bus driver, and other students on the bus;
  • The student shall continue to be suspended for the next one to three school days while alternative learning accommodations are made;
  • The student may be referred for a functional behavior analysis pursuant to IDEA or referred to the student assistance team (SAT), 504 team, or IEP team at that school – whichever is most appropriate for that student – for an immediate intervention, or manifestation if the student has an IEP;
  • The student shall receive his or her education through the alternative learning accommodations and may not return to school until a risk assessment is done; 
  • After the risk assessment, the student's return to school shall be on a provisional basis for a period of five to 10 days. If another incident as described in this subsection occurs within that time frame, or repeated instances occur following the time frame, the student shall be subject to the provisions of §18A-5-1a for purposes of expulsion. The expulsion shall not continue through two continuous semesters. The teacher may come to the expulsion hearing in instances where a student shows violent, threatening, or intimidating behavior;
  • If the virtual school option is the agreed upon method of alternative education, then the student can begin the program at such time the decision is made.
• Whether student is to be placed in an alternative learning environment for the remainder of the semester or school year shall be at the discretion of the student's classroom teacher and principal or vice principal. If the principal or vice principal disagree with the actions of the teacher, the principal or vice principal may provide written documentation on their disagreement, the teacher may provide written documentation on their disagreement, and both the principal/vice principal or the teacher may appeal to the county superintendent.

For disruptive students in grades 6-12

• When a grade six through 12 teacher, excluding an elementary school teacher, determines that the behavior of the student is disorderly conduct, is interfering with an orderly educational process, or obstructs the teaching or learning process of others in the classroom:
• The student may be excluded from that teacher's classroom and, if excluded, may not re-enter that teacher's classroom for at least the remainder of the instructional day; 
• The principal shall communicate with the teacher within 24 hours of the student being excluded from the teacher's classroom about the exclusion and the teacher has 24 hours to create an electronic record and place the report of this action into the West Virginia Education Information System without any repercussion to the teacher.
• If the student is removed from a classroom a total of three times in one month for one or more of the behaviors set forth in this subsection, the student shall receive, as determined by the principal, an in-school suspension, an out-of-school suspension, or may be considered for placement in an alternative learning center or with a licensed behavioral health agency if one is available within the school district.