HB 4776 — Relating to adding elementary schools into school disciplinary measures

HB4776WEST HVIRGINIA EDLEGISLATURE AMREGULAR #1KiddSESSION 4753 TheENGROSSED CommitteeHouse onBill Education4776 movedBy toDelegates amendGearheart, theEllington, billSmith, onMaynor, pageE. 1, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

Pritt, Kump, Hornby, Riley, Toney, Heckert, and Cooper [Introduced January 16, 2024;

Referred to the Committee on Education] Eng HB 4776 A BILL to amend and reenact §18A-5-1 of the Code of West Virginia, 1931, as amended, relating to adding elementary schools into school disciplinary measures added during the 2023 Regular Session of the Legislature.

Be it enacted by the Legislature of West Virginia:

  §18A-5-1.

(a) The teacher shall stand in the place of the parent(s), guardian(s), or custodian(s) in exercising authority over the school and has control of all students enrolled in the school from the time they reach the school until they have returned to their respective homes, except where transportation of students is provided, the driver in charge of the school bus or other mode of transportation shall exercise such authority and control over the students while they are in transit to and from the school.(b)school. Subject to the rules of the state Board of Education, the teacher shall exclude from the school any student known to have, or who is suspected of having, any infectious disease, or any student who has been exposed to any infectious disease and shall immediately notify the proper health officer or medical inspector of the exclusion.

Any(b) studentSubject soto excludedthe mayrules notof be readmitted to the schoolstate untilBoard heof orEducation, shethe hasteacher compliedshall withexclude allfrom the requirementsschool ofany thestudent rulesknown governingto thosehave, cases or haswho presentedis asuspected certificate of healthhaving, signedany byinfectious thedisease, medical inspector or otherany properstudent healthwho officer.(c)has Thebeen teacher,exposed mayto excludeany frominfectious hisdisease orand hershall classroomimmediately ornotify schoolthe busproper anyhealth studentofficer whoor ismedical guiltyinspector of disorderlythe conduct;exclusion.

Any student so excluded may not be readmitted to the school until he or she has complied with all the requirements of the rules governing those cases or has presented a certificate of health signed by the medical inspector or other proper health officer.

(c) The teacher, may exclude from his or her classroom or school bus any student who is guilty of disorderly conduct;

or who uses abusive or profane Eng HB 4776 language directed at a school employee.

The county board shall create more alternative learning centers or expand its capacity for alternative placements, subject to funding, to correct these students' behaviors so they can return to a regular classroom without engaging in further disruptive behavior.(d)behavior. 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:(1) 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;(2) If the student is excluded pursuant to subdivision (1) of this subsection;(A) The principal shall communicate with the teacher within 24 hours of the student being excluded from the teacher's classroom about the exclusion;(B) The teacher has 24 hours to create an electronic record and place the report of this action into the West Virginia Education Information System (WVEIS), without any repercussion to the teacher;

and(C)(d) IfWhen the student is removed from a classroomgrade asix totalthrough of12 threeteacher, timesexcluding inan oneelementary monthschool forteacher, onedetermines orthat more of the behaviorsbehavior setof forth in this subsection, the student shallis receivedisorderly asconduct, determinedis byinterfering thewith principal an in-schoolorderly suspension,educational anprocess, out-of-school suspension, or mayobstructs bethe consideredteaching foror placement in an alternative learning centerprocess ifof oneothers isin available within the schoolclassroom: district.(e) The Legislature finds that suspension from school is not appropriate solely for a student's failure to attend class.

(1) 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;

(2) If the student is excluded pursuant to subdivision (1) of this subsection;

Eng HB 4776 (A) The principal shall communicate with the teacher within 24 hours of the student being excluded from the teacher's classroom about the exclusion;

(B) The teacher has 24 hours to create an electronic record and place the report of this action into the West Virginia Education Information System (WVEIS), without any repercussion to the teacher;

and (C) 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 if one is available within the school district.

(e) The Legislature finds that suspension from school is not appropriate solely for a student's failure to attend class.

Other methods of discipline may be used for the student which may include, but are not limited to, detention, extra class time, or alternative class settings.(f)settings. Corporal punishment of any student by a school employee is prohibited.(g) Each county board is solely responsible for the administration of proper discipline in the public schools of the county and shall adopt policies consistent with the provisions of this section to govern disciplinary actions.

(f) Corporal punishment of any student by a school employee is prohibited.

(g) Each county board is solely responsible for the administration of proper discipline in the public schools of the county and shall adopt policies consistent with the provisions of this section to govern disciplinary actions.

The teacher may not be reprimanded if their actions are legal and within the structure of the county board's policy for Eng HB 4776 student behavior and punishment.

The county boards also may 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-esteemself- esteem issues, stress management and decision making for students, and any other program related to preventive discipline.(h)discipline. For the purpose of this section:(1) "Student" includes 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,(h) That,For in the casepurpose of adults, the student–teacher relationship shall terminate when the student leaves the school or other place of instruction or activity;(2) "Teacher" means all professional educators as defined in §18A-1-1 of this codesection: and includes the driver of a school bus or other mode of transportation;

and(3)(1) "Principal""Student" meansincludes theany principal,child, assistantyouth principal, vice principal or theadult administrativewho headis ofenrolled thein school,any orinstructional aprogram professional personnel designee of the principal or theactivity administrativeconducted headunder ofboard theauthorization school.(i) Teachers shall exercise other authority and performwithin otherthe dutiesfacilities prescribedof, for them by law or by the rules of the state board not inconsistent with the provisions of this chapter and chapter 18 of this code.(j)  A teacher may remove a student in gradesconnection pre-kwith, throughany 5program only under thepublic followingschool circumstances:direction:

Provided, That, in the case of adults, the student– teacher relationship shall terminate when the student leaves the school or other place of instruction or activity;

(2) "Teacher" means all professional educators as defined in §18A-1-1 of this code and includes the driver of a school bus or other mode of transportation;

and (3) "Principal" means the principal, assistant principal, vice principal or the administrative head of the school, or a professional personnel designee of the principal or the administrative head of the school.

Eng HB 4776 (i) Teachers shall exercise other authority and perform other duties prescribed for them by law or by the rules of the state board not inconsistent with the provisions of this chapter and chapter 18 of this code.

(j) A teacher may remove a student in grades pre-k through 5 only under the following circumstances:

Eng HB 4776 (4) Before ordering the suspension, expulsions, removal to a disciplinary alternative education program, or placement in another classroom, the school discipline team shall consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the students disciplinary history, and whether the student has a disability that substantially impairs the students capacity to appreciate the wrongfulness of the students conduct regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action.(5)action. Exceptions may be made when a student's behavior is characteristic of his or her diagnosis and is addressed in that student's IEP plan or 504 plan.

      AdoptedRejected(5) Exceptions may be made when a student's behavior is characteristic of his or her diagnosis and is addressed in that student's IEP plan or 504 plan.