| TITLE 126
LEGISLATIVE RULE
BOARD OF EDUCATION
SERIES 99
STUDENT CODE OF CONDUCT (4373)
§126-99-1. General.
1.1. Scope. -- This rule sets the requirements for the conduct of students
in West Virginia schools in order to assure a nurturing and orderly, safe,
drug-free, violence- and harassment-free learning environment that supports
student academic achievement and personal-social development.
1.2. Authority. - W. Va. Constitution, Article XII, §2, and W. Va. Code §§16-
9A-4,
16-9A-9, 17A-1-1, 18-2-5, 18-2-5a, 18-2-7b, 18-2-9, 18-2-33, 18-2C-1 et
seq., 18-5-1,
18-5-13, 18-16-1, 18A-1-1, 18A-5-1, 18A-5-1a, 60A-1-101,60A-7-11a, 61-2-15,
61-7-2, and 61-7-11a.
1.3. Filing Date. - December 16, 2002.
1.4. Effective Date. - July 1, 2003.
1.5. Repeal of Former Rule. -- This legislative rule revises W.Va.
§126CSR99, "Student Code of Conduct" (Policy 4373) filed June 7, 2002 and
effective July 7, 2002. This policy is to be read in conjunction with W.Va.
§126CSR18, "Racial, Sexual, Religious/Ethnic Harassment and Violence Policy"
(Policy 2421), and W.Va. §126CSR98, "Student Handbook - Student Rights and
Responsibilities" (Policy 4372).
§126-99-2. Purpose.
2.1. The West Virginia Board of Education recognizes the need for students,
teachers, administrators, and other school personnel to have a nurturing and
orderly, safe, and stimulating educational environment. The purpose of these
regulations is to provide West Virginia school districts with a policy of
student conduct that will ensure an orderly and safe environment that is
conducive to learning. These regulations also require that West Virginia's
public schools respond immediately and consistently to incidents of
harassment, intimidation, bullying, substance abuse and/or violence or other
Student Code of Conduct violations in a manner that effectively deters
future incidents and affirms respect for individuals. These regulations
require county boards to design and implement prevention and response
programs, to outline investigatory and reporting procedures, and to
delineate penalties for violations of this policy. The West Virginia Board
of Education believes further that public schools should undertake
proactive, preventive approaches to ensure a nurturing and orderly and safe
school environment that fosters learning and personal-social development.
Public schools must create, encourage, and maintain a safe, drug-free, and
fear-free school environment in the classroom, on the playground, and at
school-sponsored activities. Assuring such an educational environment
requires a comprehensive program supported by everyone in the school
organization, as well as parents/guardians, and the community. Any form of
harassment, intimidation, bullying, substance abuse, violence, or other
policy violation is unacceptable in West Virginia schools.
§126-99-3. Student Code of Conduct.
3.1. All students enrolled in West Virginia public schools shall behave in a
manner that promotes a school environment that is nurturing, orderly, safe
and conducive to learning and personal-social development.
3.1.1. Students will help create an atmosphere free from bullying,
intimidation and harassment.
3.1.2. Students will demonstrate honesty and trustworthiness.
3.1.3. Students will treat others with respect, deal peacefully with anger,
use good manners and be considerate of the feelings of others.
3.1.4. Students will demonstrate responsibility, use self-control and be
self-disciplined.
3.1.5. Students will demonstrate fairness, play by the rules, and will not
take advantage of others.
3.1.6. Students will demonstrate compassion and caring.
3.1.7. Students will demonstrate good citizenship by obeying laws and rules,
respecting authority, and by cooperating with others.
§126-99-4. Application.
4.1. These regulations apply to all students attending public schools in
West Virginia during any education-sponsored event, whether in a classroom,
elsewhere on school premises, on a school bus or other vehicle used for a
school related event, or at a school-sponsored activity or event, whether or
not it is held on school premises, in a building or other property used or
operated by a county board of education, Regional Education Service Agency
(RESA) or West Virginia Department of Education, or in another facility
being used by any of those agencies.
4.1.1. Students who do not behave in a manner that promotes a nurturing,
orderly, safe environment conducive to learning will be subject to the
responses to violations as outlined in §126-99-7.
4.1.2. This policy does not supercede any rights granted to special
education students by federal or state law or other West Virginia Board of
Education policy.
§126-99-5. Planning by County Boards of Education.
5.1. County boards of education shall develop a plan for the implementation
of this policy. This plan shall reflect the particular needs of students and
staff members to study, learn and work in an environment free from Student
Code of Conduct violations. To the maximum extent possible, these plans
shall be developed collaboratively with state and local agencies that share
the purposes of this policy.
5.2. By July 1, 2003, each county board of education shall develop or revise
its existing policies to address all forms of Student Code of Conduct
violations. This document represents the minimum components needed in a
Student Code of Conduct. Counties may add components to reflect county
school system policy and procedures.
5.3. To ensure understanding of the Student Code of Conduct, each county
board of education must develop and implement an education program for each
grade level, as well as a program for all faculty and staff. The programs,
at a minimum, must: raise awareness of the different types of Student Code
of Conduct violations, how they are manifested, their devastating emotional
and educational consequences, and their potential legal consequences. In
addition, multicultural education programs must be developed and implemented
for faculty, staff and students to foster an attitude of understanding and
acceptance of all individuals.
§126-99-6. Attendance Policy.
6.1. The West Virginia Board of Education emphasizes the value of regular
attendance in enabling students to benefit from the school's education
programs. W.Va. §126CSR81, West Virginia Board of Education Policy 4110,
Attendance, places responsibility on students to attend school on a daily
basis, and on each parent or guardian to send his/her child(ren) to school
on a daily basis.
6.2. Recognizing that frequent absences and tardiness, for any reason, are
certain to adversely affect the student's schoolwork, each county school
system will implement an attendance policy that includes the policy
components outlined in W.Va. §126CSR81, West Virginia Board of Education
Policy 4110, Attendance, in order to communicate the expectation that
students will be in school every day except when illness, injury, or some
providential condition beyond the student's control prevents attendance.
6.3. Absences resulting from the mandatory suspension/expulsion of a student
due to a violation of W.Va. Code §18A-5-1a (battery on a school employee,
possession of a firearm or deadly weapon, or sale of a narcotic drug) shall
not be calculated in the school's/county's attendance rate.
§126-99-7. Violations of the Student Code of Conduct.
7.1. This policy classifies student violations of the Student Code of
Conduct in four levels. County policies may reclassify specific violations
as Level I, II, or III, depending on the severity or repetition of the
violations and provided this reclassification assures that the treatment of
the violations is consistent with W.Va. Code. W.Va. Code requires that the
principal shall suspend a student who commits a violation classified as a
Level IV in this policy. Level III and IV violations are to be referred
directly to the appropriate administrator because of the serious and/or
unlawful nature of the misconduct. County/school policies should identify
responses and/or interventions that include, but are not limited to,
examples provided in this policy to address Level I and II violations. Each
county and/or school shall identify the individual who will receive
complaints of violations of the Student Code of Conduct, and develop a
procedure for acting upon those complaints. The specific procedures to be
followed when any staff member observes any violations outlined in this
policy should be outlined in county/school policies.
7.1.1. Level I Violations.
a. Anti-Social Conduct. A student will not orally, in writing,
electronically, or with photographs or drawings, direct profanity or
insulting, obscene gestures toward another student that causes
embarrassment, discomfort, or a reluctance to participate in school
activities.
b. Cheating/Academic Misconduct. A student will not plagiarize, cheat, gain
unauthorized access to, or tamper with educational materials. The response
to violations under this section may include academic sanctions in addition
to other discipline.
c. Disorderly Conduct. A student will not harass another student or other
person or misbehave in a manner that causes disruption or obstruction to the
education process. Disruption caused by talking, making noises, throwing
objects, or otherwise distracting another person, constitutes disorderly
conduct. Behavior is considered disorderly if a teacher is prevented from
starting an activity or lesson, or has to stop instruction to address the
disruption.
d. Improper Operation of a Motor Vehicle. A student will not engage in
improper parking of a motor vehicle on school property.
e. Inappropriate Displays of Affection. Students will not engage in
inappropriate displays of affection, such as kissing or embraces of an
intimate nature.
f. Inappropriate Dress and Grooming. A student will not dress or groom in a
manner that disrupts the educational process or is detrimental to the
health, safety or welfare of others. A student will not dress in a manner
that is distractive or indecent, to the extent that it interferes with the
teaching and learning process, including wearing any apparel that displays
or promotes any drug-, alcohol- or tobacco-related product that is
prohibited in school buildings, on school grounds, in school-leased or owned
vehicles, and at all school-affiliated functions.
g. Leaving School Without Permission. A student will not leave the school
building, classroom, cafeteria, assigned area, or campus without permission
from authorized school personnel.
h. Possession of Inappropriate Personal Property. A student will not possess
personal property that is prohibited by school rules or that is disruptive
to teaching and learning.
i. Tardiness. A student will not fail to be in his/her place of instruction
at the assigned time without a valid excuse.
j. Technology Abuse. A student will not violate the terms of W.Va.
§126CSR41, West Virginia Board of Education Policy 2460, Safety and
Acceptable Use of the Internet by Students and Educators.
k. Tobacco. In accordance with W.Va. §126CSR66, West Virginia Board of
Education Policy 2422.5A, Tobacco-Free Schools, a student will not smoke,
use tobacco, or possess any substance containing tobacco in any
building/area under the control of a county school system, including all
activities or events sponsored by the county school district.
l. Trespassing. A student will not enter upon the premises of the county
school system property, other than to the location to which the student is
assigned, without authorization from proper school authorities. If removed,
suspended, or expelled from school, a student will not return to the school
premises without permission of the proper school authorities.
m. Truancy. In accordance with W.Va. §126CSR81, West Virginia Board of
Education Policy 4110, Attendance, a student will not fail to report to the
school's assigned class or activity without prior permission, knowledge or
excuse by the school or by the parent/guardian.
7.1.2. School Responses to Level I Violations.
a. School administrators and staff may use appropriate intervention
strategies, as determined by local policies, including, but not limited to,
staff and student/parent conferences, auxiliary staff intervention and
counseling programs, student programs for conflict resolution and peer
mediation, and programs for anger management and violence prevention.
b. Any of the following intervention strategies and disciplinary actions may
be used as appropriate in response to the violation:
A. Administrator/student conference or reprimand,
B. Administrator and teacher-parent/guardian conference,
C. Referrals and conference to support staff or agencies,
D. Referral to a tobacco cessation program,
E. Daily/weekly progress reports,
F. Behavioral contracts,
G. Change in the student's class schedule,
H. School service assignment,
I. Confiscation of inappropriate item,
J. Restitution/restoration,
K. Before and/or after-school detention,
L. Denial of participation in class and/or school activities,
M. Immediate exclusion by teacher from one class period of the school day,
N. Weekend detention,
O. In-school suspension,
P. Out-of-school suspension for up to three days, or
Q. Law enforcement notification.
7.1.3. Level II Violations.
a. Bullying/Harassment/Intimidation. A student will not
bully/intimidate/harass another student. According to W.Va. Code §18-2C-
2, "harassment, intimidation or bullying" means any intentional gesture, or
any intentional written, verbal or physical act or threat that: (a) a
reasonable person under the circumstances should know will have the effect
of : (1) harming a student; (2) damaging a student's property; (3) placing a
student in reasonable fear of harm to his or her person; or (4) placing a
student in reasonable fear of damage to his or her property; or (b) is
sufficiently severe, persistent, or pervasive that it creates an
intimidating, threatening or abusive educational environment for a student.
b. Failure to Serve Assigned Detention. A student will not fail to serve an
assigned detention of which students and/or parents/guardian have been
notified.
c. False Identification. A student will not use another person's
identification or give false identification to any school official with
intent to deceive school personnel or falsely obtain money or property.
d. Forgery. A student will not sign the name of another person for the
purpose of defrauding school personnel or the county board of education.
e. Fraud. A student will not deceive another or cause another to be deceived
by false or misleading information in order to obtain anything of value.
f. Gambling. A student will not engage in any game of chance or contest
wherein money or other items of monetary value are awarded to the winner,
except for those games and contests authorized as official school functions.
g. Gang Activity. A student will not, by use of violence, force, coercion,
threat of violence, or gang activity, cause disruption or obstruction to the
educational process. Gangs are defined as organized groups of students
and/or adults who engage in activities that threaten the safety of the
general populace, compromise the general community order, and/or interfere
with the school district's education mission.
A. Gang activity includes:
(a) Wearing or displaying any clothing, jewelry, colors, or insignia that
intentionally identifies the student as a member of a gang, or otherwise
symbolizes support of a gang.
(b) Using any word, phrase, written symbol, or gesture that intentionally
identifies a student as a member of gang, or otherwise symbolizes support of
a gang.
(c) Gathering of two or more persons for purposes of engaging in activities
or discussions promoting gangs.
(d) Recruiting student(s) for gangs.
h. Insubordination/Unruly Conduct. A student will not ignore or refuse to
comply with directions or instructions given by school authorities. Refusing
to open a book, complete an assignment, work with another student, work in a
group, take a test or do any other class- or school-related activity not
listed herein, refusing to leave a hallway when requested by a school staff
member, or running away from school staff when told to stop, all constitute
insubordination/unruly conduct.
i. Loitering. A student will not remain or linger on school property without
a legitimate purpose and/or proper authority.
j. Theft or Possession of Stolen Property. A student will not, without
permission of the owner or custodian of the property, take property or have
in his or her possession property valued less than $100.00 which does not
belong to the student.
7.1.4. School Responses to Level II Violations. The county school system may
modify this list in accordance with alternatives available to the district,
such as conflict resolution or peer mediation programs. Intervention
strategies may include, but are not limited to, the following intervention
strategies and disciplinary actions:
a. Any Level I response.
b. Out-of-school suspension for up to ten (10) days.
7.1.5. Level III Violations. Violations in the Level III category are
consistent with those addressed in W.Va. Code §18A-5-1a(b) and (c) and shall
be reported immediately to the principal of the school in which the student
is enrolled. The principal will address the violation following the
procedures outlined in W.Va. Code §18A-5-1a, subsections (b) through (h).
a. Alcohol. A student will not possess, distribute or be under the influence
of alcohol in an educational facility, on school grounds, a school bus or at
any school-sponsored function.
b. Defacing School Property. A student will not willfully cause defacement
of, or damage to, property of the school or others. Actions such as writing
in school textbooks or library books, writing on desks or walls, carving
into woodwork, desks, or tables, and spray painting surfaces are acts of
defacement. Examples of damage to school property include, but are not
limited to, ruining bulletin boards, intentionally clogging the plumbing
system, breaking light bulbs or fixtures, and damaging school equipment to
the point where repair is necessary.
c. Disobeying a Teacher in a Willful Manner. A student will not willfully
disobey a teacher.
d. Hazing. A student will not haze or conspire to engage in the hazing of
another person. "Hazing" means to cause any action or situation which
recklessly or intentionally endangers the mental or physical health or
safety of another person or persons to destroy or remove public or private
property for the purpose of initiation or admission into or affiliation
with, or as a condition for continued membership in, any activity or
organization, including both co-curricular and extra-curricular activities.
e. Improper or Negligent Operation of a Motor Vehicle. A student will not
intentionally or recklessly operate a motor vehicle, on the grounds of any
educational facility, parking lot, or at any school-sponsored activity, so
as to endanger the safety, health or welfare of others.
f. Marijuana (Simple Possession). A student will not possess or be under the
influence of marijuana in an educational facility, on school grounds, a
school bus or at any school-sponsored function.
g. Physical Altercation. A student will not participate in a physical
altercation with another person while under the authority of school
personnel.
h. Profane Language. A student will not use profane language directed at a
school employee or a student. Using profane language may include, but is not
limited to, verbally, in writing, electronically, or with photographs or
drawings, direct profanity or insulting, obscene gestures toward any school
employee or student.
i. Theft. A student will not, without permission of the owner or custodian
of the property, take property or have in his or her possession, property
valued at between $100 and $999.
j. Threat of Injury or Injury. A student will not threaten to injure another
student, a teacher, administrator or other school personnel. [This includes
assault on a school employee defined in W.Va. Code 61-2-15(a)].
k. Violation of School Rules or Policies. A student will not habitually, as
defined by the county, violate school rules or policies.
7.1.6. School Responses to Level III Violations.
a. A principal may suspend a student from school, or transportation to or
from the school on any school bus, if the student, in the determination of
the principal, after an informal hearing pursuant to W.Va. Code §18A-5-1(d),
has committed any Level III Violations.
b. If a student has been suspended pursuant to W.Va. Code §18A-5-1a(b) or
(c), the principal may request that the superintendent recommend to the
county board that the student be expelled following the provisions in
subsections (b) through (l) of W.Va. Code §18A-5-1a.
c. Any school responses to Level I and II Violations.
d. Agency notification, such as the West Virginia Department of Health and
Human Resources.
7.1.7. Level IV Violations. Violations in the Level IV category are
consistent with those addressed in W.Va. Code §18A-5-1a(a) and (b). Level IV
violations in this policy are aligned with definitions in W.Va. Code §§61-6-
17, 61-6-24, and 18A-5-1, and in the Gun-Free Schools Act of 1994 (the
reauthorization of the Elementary and Secondary Education Act of 1965
(ESEA), Public Law 103-382, and require that the principal of the school in
which the student is enrolled shall address the violation following the
procedures outlined in W.Va. Code §18A-5-1a(a) and (b).
a. Battery on a School Employee. A student will not commit a battery by
unlawfully and intentionally making physical contact of an insulting or
provoking nature with the person of a school employee as outlined in W.Va.
Code §61-2-15(b).
b. Felony. A student will not commit an act or engage in conduct that would
constitute a felony under the laws of this state if committed by an adult as
outlined in W.Va. Code §18A-5-1a(b)(i). Such acts that would constitute a
felony include, but are not limited to, arson (W.Va. Code §61-3-1),
malicious wounding and unlawful wounding (W.Va. Code §61-2-9), bomb threat
(W.Va. Code §61-6-17), sexual assault (W.Va. Code §61-8B-3), terrorist act
or false information about a terrorist act, hoax terrorist act (W.Va. Code
§61-6-24), burglary (W.Va. Code §61-3-11), robbery (W.Va. Code §61-2-12),
and grand larceny (W.Va. Code §61-3-13).
c. Possession of a Controlled Substance. According to W.Va. Code
§18A-5-1a(b)(ii), a student will not possess, distribute, or be under the
influence of a controlled substance governed by the Uniform Controlled
Substances Act as described in W.Va. Code §60A-1-101, et seq., on the
premises of an educational facility, at a school-sponsored function or on a
school bus.
d. Possession of a Firearm or Deadly Weapon. According to W.Va. Code §18A-5-
1a(a), a student will not possess a firearm or deadly weapon as defined in
W.Va. Code §61-7-2, on any school bus as defined in W.Va. Code §17A-1-1, or
in or on any public or private primary or secondary education building,
structure, facility or grounds thereof, including any vocational education
building, structure, facility or grounds thereof, or at any school-sponsored
function as defined in W.Va. Code §61-7-11a.
A. As defined in W.Va. Code §61-7-2, a "dangerous weapon" means any device
intended to cause injury or bodily harm, any device used in a threatening
manner that could cause injury or bodily harm, or any device that is
primarily used for self-protection. Dangerous weapons include, but are not
limited to, blackjack, gravity knife, knife, switchblade knife, nunchuka,
metallic or false knuckles, pistol, or revolver. A dangerous weapon may also
include the use of a legitimate tool, instrument, or equipment as a weapon
including, but not limited to, pens, pencils, compasses, or combs, with the
intent to harm another. A pocket knife with a blade of three and one-half
inches or less shall not be included in the definition of knife as defined
in W.Va. Code §61-7-2 unless such knife is knowingly used or intended to be
used to produce serious bodily injury or death.
e. Sale of a Narcotic Drug. According to W.Va. Code §18A-5-1a, a student
will not sell a narcotic drug, as defined in W.Va. Code §60A-1-101, on the
premises of an educational facility, at a school-sponsored function or on a
school bus.
7.1.8. School/County Responses to Level IV Violations. Level IV Violations
in this policy are those violations addressed in W.Va. Code §18A-5-1a that
require the mandatory suspension of the student by the principal from
school, or from transportation to or from the school on any school bus,
after an informal hearing pursuant to subsection (d) of W.Va. Code §18A-5-1a.
a. Pursuant to W.Va. Code §18A-5-1a(b), if a student has been suspended for
committing an act or engaging in conduct that would constitute a felony
under the laws of this state if committed by an adult; or unlawfully
possessing a controlled substance governed by the Uniform Controlled
Substances Act as described in W.Va. Code
§§60A-1-101 et seq., on the premises of an educational facility, at a school-
sponsored function, or on a school bus, the principal may request that the
superintendent recommend to the county board that the student be expelled.
b. If a student has been suspended for battery on a school employee,
possession of a firearm or deadly weapon, or sale of a narcotic drug
pursuant to W.Va. Code §18A-5-1a, the principal shall, within twenty-four
hours, request that the county superintendent recommend to the county board
that the student be expelled.
c. Upon such request of the superintendent by a principal, the county
superintendent shall recommend to the county board that the student be
expelled.
d. Upon such recommendation to the county board by the superintendent, the
county board shall conduct a hearing in accordance with W.Va. Code §18A-5-1a
subsections (e), (f), and (g), 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 shall expel the student.
e. Students may be expelled pursuant to W.Va. Code §18A-5-1a for a period
not to exceed one school year, provided that a county superintendent may
lessen the mandatory one-year period of expulsion if the circumstances of
the pupil's case demonstrably warrant such a reduction following the
guidelines provided in W.Va. Code §18A-5-1a (i).
f. A county board of education that expels a student, may attempt to
establish the student as a "dangerous student" as defined in W.Va. Code §18A-
5-1a, at a hearing to determine the expulsion of the student. In a notice to
the parent/guardian, the county board shall state clearly whether the board
will attempt to establish the student as a "dangerous student" and will
include any evidence to support its claim in this notice of the hearing date
and time.
g. W.Va. Code §18A-5-1a defines a "dangerous student" as a student who is
substantially likely to cause serious bodily injury to himself, herself or
another individual within that student's educational environment, which may
include any alternative education environment as W.Va. §126CSR20, West
Virginia Board of Education Policy 2418, Alternative Education Programs for
Disruptive Students, as evidenced by a pattern or series of violent behavior
exhibited by the student, and documented in writing by the school, with the
documentation provided to the student and parent or guardian at the time of
any offense.
h. A county board that expels a student, and finds that the student is a
dangerous student, may refuse to provide alternative education pursuant to
the conditions outlined in W.Va. Code §18A-5-1a but must re-evaluate this
decision at least every three months.
i. With regard to students with disabilities, nothing in this policy may be
construed to be in conflict with the federal provisions of the individuals
with Disabilities Education Act (IDEA) Amendments of 1997 (Public Law 105-
17), or with W.Va. §126CSR16, West Virginia Board of Education Policy 2419,
Regulations for the Education of Exceptional Students.
§126-99-8. Guidelines for Suspension and Expulsion.
8.1. Suspension is considered a temporary solution to a violation of the
Student Code of Conduct until the problem that caused the suspension is
corrected. The length of a suspension should be short, usually one (1) to
three (3) school days, but may extend to ten (10) school days. A student is
entitled to an informal hearing when faced with a suspension of ten (10)
days or less. At this hearing, the principal must explain why the student is
being suspended, and the student must be given the opportunity to present
reasons why s/he should not be suspended. However, a student whose conduct
is detrimental to the progress and general conduct of the school may be
suspended immediately and a hearing held as soon as practical after the
suspension. A student may not participate in any school-sponsored
activities, or be permitted on school grounds during the period of
suspension without permission of school officials. Other procedures the
school must follow when dealing with suspensions are outlined in W.Va. Code
§18A-5-1 and §18A-5-1a.
8.2. A suspension of more than ten (ten) days requires a formal hearing
before the county board of education. Procedures the school and county must
follow when dealing with suspensions of more than ten (10) days are outlined
in W.Va. Code §18A-5-1 and §18A-5-1a.
8.3. The county superintendent, upon recommendation by the principal, may
recommend that a county board of education expel a student from school if
the student's conduct is judged to be detrimental to the progress and
general conduct of the school. In all cases involving expulsion, the student
is entitled to formal due process procedures if the county board of
education agrees to act upon recommendations to expel a student from school.
These procedures are outlined in W.Va. Code §18A-5-1 and §18A-5-1a.
8.4. W.Va. Code §18A-5-1 and §18A-5-1a require mandatory suspension by the
principal and mandatory expulsion for a period of not less than twelve (12)
consecutive months by the county board of education for: possession of a
deadly weapon, battery of a school employee, or sale of a narcotic drug.
Procedures that must be followed when dealing with an expulsion are outlined
in W.Va. Code §18A-5-1 and §18A-5-1a.
8.5. According to W.Va. Code §18A-5-1, a teacher or bus driver may exclude
from a classroom or bus any student who: is guilty of disorderly conduct;
interferes with an orderly education process; threatens, abuses, intimidates
or attempts to intimidate a school employee or student; willfully disobeys a
school employee; or uses profane or abusive language toward a school
employee. Once a student is excluded from the classroom or bus, the student
must be referred to the appropriate administrator who will take disciplinary
action, notify the parent/guardian in writing of the disciplinary action
taken, and provide a copy to the teacher or bus driver before the student is
readmitted to class or to the bus.
§126-99-9. Complaint Procedures.
9.1. All violations of the Student Code of Conduct observed by school
employees or by students must be reported to the appropriate personnel for
appropriate action to be taken as specified in this policy. Each
county/school policy shall designate the individual(s) who will receive
complaints about violations of the Student Code of Conduct as indicated in
§126-99-7, above. Employee failure to report a violation is addressed in
W.Va. Code §126CSR142, West Virginia Board of Education Policy 5310,
Performance Evaluation of School Personnel.
9.2. County boards of education shall develop procedures to assure that any
person who believes he or she has been the victim of a Student Code of
Conduct violation or any person with knowledge or belief of conduct which
may constitute a violation of the Student Code of Conduct has an identified
mechanism to report the alleged acts immediately to an appropriate official
designated by the county's policy. Nothing in this policy shall prevent any
person from reporting violations directly to the county superintendent, as
appropriate, or to the West Virginia Human Rights Commission, or to a law
enforcement agency.
9.3. County Boards of Education shall develop appropriate procedures for
investigating, reporting, responding, and devising consequences for the
failure of the employee to appropriately respond to violations of W.Va.
§126CSR99, West Virginia Board of Education Policy 4373, Student Code of
Conduct, in accordance with W.Va. §126CSR142, West Virginia Board of
Education Policy 5310, Performance Evaluation of School Personnel, in a
manner that promotes understanding and respect.
§126-99-10. Investigation Procedures.
10.1. The individual(s) designated by the school to investigate, shall upon
receipt of a report or complaint immediately undertake or authorize an
investigation. The investigation may be conducted by school/school system
officials, or by a third party designated by the school system, in
accordance with this policy and the procedures developed pursuant to §126-99-
9, above.
10.2. The investigation must, at a minimum, consist of personal interviews
with the complainant, the individual(s) against whom the complaint is filed,
and others who may have knowledge of the alleged incident(s) or
circumstances giving rise to the complaint. The investigation may also
consist of any other methods and review of circumstances deemed pertinent by
the investigator. When any student is to be interviewed in connection with
an investigation pursuant to a Level IV violation, a reasonable effort shall
be made to contact the student's parent, custodian, or guardian and invite
them to be present during such interview, provided such parental
notification does not compromise overall school/student safety. Parental
notification is encouraged at Levels II and III and discretionary at Level I.
10.3. The principal shall immediately take such reasonable steps as
necessary, to protect the complainant, students, teachers, administrators or
other personnel pending completion of an investigation of an alleged policy
violation.
10.4. The principal shall determine whether the alleged conduct constitutes
a violation of this policy or W.Va. Code §18A-5-1a.
10.5. In determining the appropriate response and/or punishment for a Level
I, II, or III violation, the principal, superintendent or local board of
education should consider the surrounding circumstances, the nature of the
behavior, past incidents or continuing patterns of behavior, the
relationships between the parties involved and the context in which the
alleged incidents occurred. Whether a particular action or incident
constitutes a violation of this policy requires a determination based on all
the facts and surrounding circumstances.
10.6. The investigation will be completed as soon as practicable but no
later than ten school days following the reported violation, unless
permission has been requested and granted by the West Virginia Department of
Education to extend the investigation period. The investigator shall make a
report to the principal upon completion of the investigation. The report
shall include a determination of whether the allegations have been
substantiated as factual and whether they appear to be violations of this
policy. County procedures must be developed for the recording and filing of
these reports at the local level.
10.7. The result of the investigation of each complaint filed under these
procedures will be reported in writing to the complainant or his/her legal
guardian by the principal or his/her designee.
10.8. Confidentiality of the filing of complaints, the identity of subjects
and witnesses of any complaint and of any action taken as a result of such
complaint is essential to the effectiveness of this policy. Only those
individuals necessary for the investigation and resolution of the complaint
shall be given information about it. Therefore, the right of confidentiality
of complainants, subjects, witnesses, and investigators will be vigorously
protected and violations of such confidentiality may itself be grounds for
disciplinary action.
§126-99-11. County Board of Education Action and Reporting.
11.1. Upon receipt of a report substantiated by staff observation or by the
investigation, the principal, superintendent or local board of education
will take appropriate action against those found to have violated §126-99-6
pursuant to W.Va. Code §18A-1-1 and §18A-5-1a.
11.2. The principal or superintendent shall also initiate such other action
as is appropriate to ease tensions and to affirm the values of respect and
understanding, in accordance with the county's plan developed pursuant to
§126-99-5, above.
11.3. The principal, superintendent or designee shall promptly enter the
required disciplinary data into the West Virginia Education Information
System (WVEIS) in order to file the required information with the West
Virginia Department of Education of all substantiated reports of all
violations of the Student Code of Conduct.
§126-99-12. Reprisal.
12.1. The county board of education will develop discipline procedures to
take appropriate action against any student who retaliates against any
person who reports alleged violations or any person who testifies, assists
or participates in an investigation, or who testifies, assists or
participates in a proceeding or hearing relating to such violations.
Retaliation includes, but is not limited to, any form of intimidation,
reprisal or harassment. The county board of education will develop a
discipline process to take appropriate action against any student,
administrator or other school personnel who falsely reports violations of
this policy.
§126-99-13. Right to Alternative Complaint Procedures.
13.1. These procedures do not deny the right of any individual to pursue
other avenues of recourse which may include filing charges with the West
Virginia Human Rights Commission, initiating civil action or seeking redress
under the state criminal statutes and/or federal law.
§126-99-14. Dissemination of Policy and Training.
14.1. This policy or a summary shall be conspicuously posted throughout each
county's/school's facilities in areas accessible to students and staff
members.
14.2. This policy, or a summary, shall appear in the student handbook and if
no handbook is available, a copy will be distributed to all students,
faculty, staff and parents.
14.3. When a student enters middle/junior high/high school for the first
time, the student and his/her parent/guardian will be requested to sign and
return a contract agreeing to abide by the stipulations in the policy and
consequences associated with violations.
14.4. The county board of education will develop and implement training for
students and staff on these regulations and on means for effectively
promoting the goals of this policy. The county shall review their policy at
least bi-annually for compliance with state and federal law and West
Virginia Board of Education policy.
§126-99-15. Assessment of Effectiveness.
15.1. The West Virginia Department of Education will prepare an annual
report to the West Virginia Board of Education to include: reported and
substantiated incidents of Student Code of Conduct violations; action taken
in response to incidents; and training and staff development offered by the
counties and other agencies.
126-99-16. Identification of and Classification as a Persistently Dangerous
School.
16.1. As required by H.R. 1, Title IX, Part E, Subpart 2 (9531) (No Child
Left Behind), West Virginia will use the criteria set forth in section 16.2
of this policy to determine whether a school will be classified as a
Persistently Dangerous School. Beginning with the 2002-2003 school year, and
in each subsequent year, data indicating the number of substantiated
violations at each school as set forth in section 16.2 of this policy will
be collected using the West Virginia Education Information System (WVEIS) in
order to identify and classify a school as persistently dangerous.
16.2. A West Virginia public school will be classified as a Persistently
Dangerous School on or before July 1, beginning in 2003, and in each
subsequent year, if the school has, for two consecutive years, substantiated
violations of the following offenses that exceed five percent (5%) of the
total number of students enrolled in the school based on the school's second
month enrollment:
a. Battery on a school employee [W.Va. Code §61-2-15(b)].
b. Commission of an act or conduct that would constitute a felony under the
laws of the state.
c. Possession of a firearm or deadly weapon as defined in W.Va. Code §61-7-2
on any school bus as defined in W.Va. Code §17A-1-1, or in any public or
private primary or secondary education building, structure, facility or
grounds thereof, or at any school-sponsored function as defined in W.Va.
Code §61-7-11a.
d. Sale of a narcotic drug as defined in W.Va. Code §60A-1-101 on the
premises of an educational facility, at a school sponsored function or on a
school bus.
16.3. Beginning with the 2003-2004 school year, county school systems must
provide targeted technical assistance to any school that has, for two
consecutive years, substantiated violations of the offenses set forth in
section 16.2 of this policy that exceed three percent (3%) of the total
number of students enrolled in the school, based on the school's second
month enrollment.
16.4. Beginning with the 2003-2004 school year, the West Virginia Department
of Education must provide targeted technical assistance to any school that
has, for two consecutive years, substantiated violations of the offenses set
forth in section 16.2 of this policy that exceed three and seventh-five one
hundredths percent (3.75%) of the total number of students enrolled in the
school, based on the school's second month enrollment.
16.5. Beginning with the 2003-2004 school year, a student attending a
Persistently Dangerous School, as defined by the state, or who becomes a
victim of a violent criminal offense, as determined by State law, while in
or on the grounds of a public school that the student attends, shall be
allowed to attend an alternate safe public school within the Local Education
Agency (LEA).]
16.6. Beginning with the 2003-2004 school year, a LEA that has one or more
schools identified as persistently dangerous must, in a timely manner,
notify parents of each student attending the school that the state has
identified the school as persistently dangerous; offer students the
opportunity to transfer to a safe public school within the LEA; and, for
those students who accept the offer, complete the transfer.
16.7. A LEA that has one or more schools identified as persistently
dangerous must also develop a corrective action plan, submit it to the West
Virginia Department of Education, and implement that plan in a timely
manner.
§126-99-17. Prevention and Intervention Training.
17.1. The West Virginia Department of Education, RESAs, and LEAs shall
provide training, technical assistance in research-based, effective models
for violence prevention education (including the prevention of bullying,
harassment, and intimidation), substance abuse prevention, as well as other
programs and initiatives that include, but are not limited to, conflict
resolution, peer mediation, responsible students program, and character
education. Training, technical assistance and support shall also be provided
in the effective use of student assistance teams to identify students who
are at risk and to develop interventions to assure school success for these
students.
§126-99-18. Severability.
18.1. If any provision of this rule or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this rule.
_____________________________________________________________________________
Grant County Tobacco Control Policy
Section 1. General
1.1 Scope. This policy sets the requirement for schools in West Virginia
to be tobacco free.
1.2 Authority. West Virginia Code 16-9A-1 through 16-9A, and 18-2-5. WV
Board of Education Policy 2422.5A
1.3 Filing Date. ______________
1.4 Effective Date. _________________
1.5 Replaces Policy. Existing policy GBKA/JBKA November 28, 1995
Section 2. Purpose
2.1 The purpose of this policy is to prohibit the use or distribution of
tobacco products in school buildings, on school grounds, in board-leased or
owned vehicles, and at all school affiliated functions in order to improve
the health of Grant County students and school personnel. Students may not
possess any tobacco product at any time. The use of tobacco products has a
direct link to numerous health problems and this policy is intended to
prevent students, school personnel and visitors from being exposed to
secondhand smoke and prevent youth addiction to tobacco products. This
policy is intended to promote a positive, pro-active approach to tobacco
control. In addition, school personnel shall act as positive role models
for students by not distributing or using tobacco products while performing
their official duties.
Section 3. Application
3.1 This policy shall apply at all times to any building, property or
vehicle leased, owned or operated by the Grant County Board of Education.
This policy shall apply to any private building, or other property including
automobiles or other vehicles used for school activities when students
and/or staff are present.
3.2 No person shall distribute or use any tobacco product in any area
defined in Section A of this policy at any time.
3.3 Individuals supervising students off school grounds are prohibited from
distributing or using any tobacco product while in the presence of students
or any time while engaged in any activities directly involving students.
3.4 No school or board property as defined in Section A of this policy, or
school, or county publication may be used for advertising any tobacco
product.
3.5 Groups using areas described in Section A shall sign agreements with the
Board of Education agreeing to comply with this policy and to inform
students, parents, and spectators that this policy remains in force on
evenings, weekends, and other times that school is not in session.
Section 4. Administration
4.1 Education/prevention programs will be delivered at all
schools as a part of the drug-free schools program and as provided for the
West Virginia State Board adopted instructional goals and objectives for
health.
4.1.1 Staff development will be scheduled to provide teachers and
administrators with the skills/techniques to:
a. Provide students with an instructional
program that stresses the health hazards connected with tobacco use as well
as
the social ramifications.
b. Deliver a strong message of zero tolerance.
c. Address policy violations in a professional manner.
4.1.2 Students and staff will be advised of available
cessation classes.
4.1.3 Each school in the county school district shall have a
Tobacco Control Policy that meets the stipulations of this policy and
adheres to the following guidelines. This policy serves as school policy
except where the need for school-level procedures or measures is indicated.
Compliance is mandatory. Schools may impose additional strategies and
restrictions not outlined in county policy provided they meet the tenets and
intent of the county policy.
4.1.4 Administration: Administration procedures for dealing
with tobacco are the responsibility of all county and school administrators
as follows:
a. It is the responsibility of each school administrator to
implement provisions of this policy within their schools, specifically
education, communication and enforcement provisions as outlined in this
policy-, and
b. It is the responsibility for each school to develop clear
procedures for identification, intervention and referral of students with
tobacco-related problems to the school counselor, school nurse or other
identified health professional. These procedures should be included in the
student and staff handbooks.
4.2 Enforcement
4.2.1 Staff
Staff members who violate West Virginia Code § 16-9A-4, Tobacco Use
Restrictions, shall be reported to law enforcement.
a. First Offense: Letter of reprimand to personnel file and referral
to cessation classes.
b. Second Offense: Letter of reprimand to personnel file and employee
must show proof he/she has enrolled in a cessation class within ten days and
provide his/her supervisor proof of attendance until completion of class.
c. Third Offense: Same as second offense.
d. Fourth Offense and Each Additional Offense: One-day suspension
without pay. Employee must show proof of enrollment in a cessation class
within ten days and provide his/her supervisor with proof of attendance in
cessation class until completion of class.
4.2.2 Students/Minors Who Possess Tobacco Products
Schools will establish appropriate steps in disciplinary plans that are
clearly stated in their respective school handbooks.
a. First Offense: Confiscation of product, administrative referral,
notice to parents, and in-school suspension.
b. Second Offense: Confiscation of produce, administrative referral,
notice to parents, and in-school or out-of-school suspension.
c. Third and Each Additional Offense: Confiscation of product,
administrative referral, notice to parents, referral to law enforcement
agency, and recommendation for out-of-school suspension or expulsion.
4.2.3 Students Who Furnish Tobacco Products to Minors
Any individual who gives or furnishes tobacco products to minors is in
violation of the law and will be reported to the local law enforcement
agency and recommendation for out-of-school suspension or expulsion.
4.2.4 Visitors
a. First Offense: Offenders shall be asked by the school employee who
witnesses the incident to cease the use of tobacco products and shall be
reported administrative personnel.
b. Repeat Offenders: Repeat offenders shall be reported to law
enforcement. Failure by offenders to abide by this policy shall result in
their being banned from all Grant County Board of Education property for a
period of not less than one year and the filing of a complaint with law
enforcement by the building administrator.
These enforcement measures are aligned with:
· West Virginia Board of Education Policy 4373, Student Code of
Conduct;
· West Virginia Board of Education Policy 5310, Personnel
· Staff Evaluation: Professional Responsibilities and Performance
Standards;
· West Virginia Board of Education Policy 1461, Drug-Free Workplace;
and
· West Virginia Code § 16-9A-1 through 16-9A-4, Tobacco use
Restrictions.
Implementation Procedures
Communication
A. Staff
All staff members will be provided a copy of the policy at the time of
adoption. New staff members shall be provided a copy of the policy at the
time of employment. A copy will be posted in the offices, workrooms, and
the website of Grant County Schools.
B. Students and Parents
A copy of the policy will be provided to all students at the
time of adoption. The policy will be included in the school handbooks and
on the Grant County Schools website.
C.Visitors
A copy of the policy will be posted in the main entrance to all
Board facilities, and "tobacco free zone" signs shall be posted outside of
all Board facilities and at the entrance to all athletic fields.
Policy Review
This policy will be reviewed every two years and appropriate modifications
made at the advice of school administrators, faculty, faculty senates, local
school improvement councils, and parent organizations.
_____________________________________________________________________________
Grant County School's Acceptable Use Policy
For Computer Network/Internet Use
As a computer use, I agree to follow the rules in all of my work with
computers while attending Grant County Schools.
I. I recognize that all computer users have the right to use the equipment;
therefore,
.....I will NOT play games or use the computer resources for non-academic
activities when others require the system for academic purposes.
.....I will NOT waste or take supplies such as paper, printer ribbons,
and diskettes that are provided by the school.
.....I will AVOID excessive use of network hard disk space by removing
any file that has not been used within one month.
II. I recognize that software is protected by copyright laws; therefore,
.....I will NOT make unauthorized copies of software found on school
computers by copying them onto my own diskettes or onto other computers
through electronic mail or bulletin boards.
.....I will NOT give, lend, or sell copies of software to others unless I
have the written permission of the copyright owner of the original software
is clearly identified as shareware not in the public domain.
III. I recognize that the work of all users is valuable; therefore,
.....I will PROTECT the privacy of others' areas by not trying to learn
their passwords.
.....I will NOT copy, change, read, or use files in another user's area
without that user's permission.
.....I will NOT attempt to gain unauthorized access to system programs or
computer equipment.
.....I will NOT create or introduce any virus which may destroy files or
disrupt service too other users.
.....I will NOT download information onto the hard drives of any computer
for permanent storage.
IV. I recognize that the computer networks are to be used as educational
tools to support the mission of the Grant County Schools; therefore,
.....I will NOT transmit any materials in violation of any U.S. or state
regulations including, but not limited to, copyright material, threatening
or obscene material, or material protected by trade secret.
.....I will NOT use computer systems to disturb or harass other computer
users by sending unwanted mail or by other means.
.....I will NOT use the network for commercial activities, product
advertisement, or political lobbying.
.....I will NOT transmit or view obscene material or material
inappropriate for school use.
V. Use of computer networks/Internet is a privilege, not a right.
Violation of the rules described above will be dealt with seriously.
Violators will lose computer privileges for ONE SCHOOL WEEK FOR THE FIRST
OFFENSE. Violators will lose computer privileges for the REMAINED OF THE
SCHOOL YEAR FOR THE SECOND OFFENSE.
Source: Board of Education Minutes
Date: May 28, 1996, June 10, 1997
policy l:
Grant County Schools
Use of the Internet by Students and Educators
Grant County Schools follows WVDE Policy 2460 in regards to Internet use.
Grant County Schools believes that the benefits to educators, students, and
community workers from access to the Internet and other online services, in
the form of information resources and opportunities for collaboration, far
exceed any disadvantages of access. In regard to student use, the parent(s)
and guardians of students are responsible for setting and conveying the
standards that students should follow. To that end, Grant County Schools
supports and respects each family's right to decide whether or not to apply
for access.
Grant County Schools cannot control the information on the Internet;
however, school personnel will monitor student use and use "blocking"
software as available. Grant County personnel and the WVDE Web Master will
monitor Internet operations by school personnel and adult community users.
Sites accessible via the Internet may provide information that contains
pornography, is illegal, defamatory, inaccurate or potentially offensive to
some people. While Grant County Schools' intent is to make Internet and
other telecommunications resources available to further its educational
goals and objectives, parents should be aware that student account holders
will have ability to access unacceptable materials if they disregard Grant
County Schools' access limitations.
All users must understand that access to the Grant County Schools Network is
being developed to support the Grant County School's educational
responsibilities and mission. The specific conditions and services being
offered will change from time to time. In addition, Grant County Schools
makes no warranties with respect to network service, and it specifically
assumes no responsibility for:
1. The content of any advice of information received by a user from a
source outside the Schools, or any costs or charges incurred as a result of
seeing or accepting such advice.
2. Any costs, liability or charges damage caused by the way the user
chooses to use her/his network access.
3. Any consequences of service interruption or changes, even if these
disruptions arise from circumstances under the control of the Schools.
4. The privacy of electronic mail, which cannot be guaranteed.
All students who use Grant County Schools Internet Service must follow and
sign the Grant County School Internet Acceptable Use Policy. The student,
teacher, and parent must sign this policy, which is kept on file at the
individual schools and will be kept for the duration of the student's
enrollment.
All faculty and administrators must also sign the Grant County School's
Faculty Internet Agreement Form to be kept on file at the school.
All administrators of Web Servers and Web Page Designers must follow WVDE
Policy 2460, Section 3.4 through 3.47.
Source; Board of Education Minutes
Date: May 1, 2001
____________________________________________________________________________
ANNUAL NOTIFICATION OF RIGHTS:
The Board or the School, as the Board shall determine, shall annually notify
parents of students currently in attendance, or eligible students currently
in attendance, of their rights under this policy. The notice must inform
parents or eligible students that they have the right to:
A. inspect and review the student’s education records;
B. seek amendment of the student’s education records that the parent or
eligible student believes to be inaccurate, misleading, or otherwise in
violation of the student’s privacy rights;
C. consent to disclosures of personally identifiable information
contained in the student’s education records, except to the extent that such
consent is not required by law or policy;
D. file with the U.S. Department of Education a complaint as described in
§ 126-94-27 of the West Virginia Board of Education’s Policy 4350;
E. the right to inspect U.S. Department of Education (ED) or Non-ED
funded surveys;
F. the specific or approximate dates of any non-emergency, invasive
physical examination or screening;
G. the Board policies with respect to surveys, parental inspection,
student data collection for marketing or selling purposes, and physical
examinations or screenings;
H. the right to opt out of – remove their child from – participation in
the following activities:
1. activities involving the collection, disclosure, or use of personal
information collected from students for the purpose of marketing or selling
that information, or otherwise providing information to others for that
purpose;
2. the administration of any third party (i.e., non-ED funded) survey
containing one (1) or more of the eight (8) items described above;
3. any non-emergency, invasive physical examination or screening that is:
a. required as a condition of attendance;
b. administered by the school and scheduled by the school in advance;
c. not necessary to protect the immediate health and safety of the student,
or of other students;
d. the notice must include all of the following:
1) the procedure for exercising the right to inspect and review education
records
2) the procedure for requesting amendment of records under § 126-94-12 of
the West Virginia Board of Education’s Policy 4350
3) a specification of criteria for determining who constitutes a school
official and what constitutes a legitimate educational interest
4) types of information designated as directory information and procedures
as set forth hereinbelow for a parent’s or eligible student’s refusal to
allow information to be so designated
5) the procedure for disclosure of education records without consent to
officials of another school district in which the student seeks to enroll
An educational agency or institution may provide this notice by any means
that are reasonably likely to inform the parents or eligible students of
their rights, provided, that, such agency or institution shall effectively
notify parents or eligible students who are disabled.
Additionally, an agency or institution of elementary or secondary education
shall effectively notify parents who have a primary or home language other
than English.
Parents of exceptional students, and eligible students who are exceptional,
shall receive notice of rights under IDEA, included in the procedural
safeguards notice.
Parents of students or the eligible students have the right to refuse to
permit the designation of any or all of the categories of personally
identifiable information with respect to that student as directory
information, including the right to refuse to permit the designation of
names, addresses, and telephone listings of their children as directory
information for purposes of providing the information to military
recruiters.
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