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Policy 4373 Electronic Manual

EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

Introduction

The West Virginia Board of Education has the constitutional responsibility to provide for a thorough and efficient public education system. As the State’s public education leaders, we accept the responsibility and accountability for bringing about results. This is the promise we make to our students, parents and educators and the obligation we have to the taxpayers of West Virginia. Our vision is to provide an education that supports students to develop into healthy, responsible, and self-directed citizens who have the knowledge and Global21skills to lead satisfying and productive lives. Within this vision is a goal for all students to develop the personal skills and dispositions of wellness, responsibility, self-direction, ethical character, cultural awareness and good citizenship in an environment that is caring and safe.

If we are to realize our vision, then we must be purposeful in the way we structure our curriculum to teach the valued disposition that we want students to develop and the way we shape our environment to reinforce those behaviors. This West Virginia Manual for Expected Behavior in Safe and Supportive Schools (hereinafter referred to as Policy 4373) provides the procedural guidance to assist county school systems in their efforts to create the climate/culture that supports development of the dispositions that are valued in our communities, state, nation and world.

Chapter 1

EXPECTED STUDENT DISPOSITIONS

Section 1. Rationale for Developing Expected Dispositions 

Our nation’s founders envisioned the American education system as an institutional structure that would prepare each generation to be active, principled citizens. This vision has placed a great responsibility on schools to sustain a democratic culture. To accomplish this charge, schools must deliberately focus on conveying democratic principles through the explicit curriculum and through the implicit learning that is affected by the manner in which all individuals within a school interact with one another.

Schools must consistently and persistently work to improve student knowledge, skills and dispositions that convey our nation’s democratic principles. Dispositions are the values, commitments and ethics that influence one’s behaviors toward others and affect learning, motivation and development. Dispositions are affected by beliefs and attitudes related to values such as caring, fairness, honesty, responsibility and social justice. Ideally, the teaching and learning of these valued dispositions should be the shared responsibility of every school employee, student, parent and community member and these stakeholders should be engaged in supporting the development of these dispositions.

Section 2. School and Community Social Skills Standards

Schools shall support and promote social and emotional learning in all settings. The social and emotional learning standards are not expected to be documented in individual teacher lesson plans but rather should serve as a framework for school-wide student behavior expectations as determined by each school faculty.

Social and emotional learning is the process through which individuals acquire the knowledge, attitudes and skills they need to recognize and manage their emotions, demonstrate caring and concern for others, establish positive relationships, make responsible decisions and handle challenging situations constructively.

Socially competent students are skilled in three core areas:

• Self-awareness and Self-management – students are able to recognize their emotions, describe their interests and values and accurately assess their strengths. They have a well-grounded sense of self-confidence and hope for the future. They are able to manage stress, control impulses and express their emotions appropriately in a wide range of situations. They can persevere in overcoming obstacles as well as set and monitor progress toward the achievement of personal and academic goals.

• Social awareness and Interpersonal Skills – students are able to take the perspective of and empathize with others and recognize and appreciate individual and group similarities and differences. They are able to seek out and appropriately use family, school and community resources in age-appropriate ways. They can establish and maintain healthy and rewarding relationships based on cooperation. They resist inappropriate social pressure; constructively prevent, manage and resolve interpersonal conflict; and seek and provide help when needed.

• Decision-making Skills and Responsible Behaviors – students consider ethical standards, safety concerns, social norms, respect for others and the likely consequences of various courses of action when making decisions at school, at home and in the community. They apply these decision-making skills in academic and social situations and are motivated to contribute to the well-being of their schools and communities.

A variety of models may be used to provide instruction in and opportunities to practice, apply and be recognized for social and emotional learning skills. Competence in the use of these skills is promoted in the context of safe and supportive school, family and community learning environments in which students feel valued, respected, connected to and engaged in learning. Social and emotional learning is fundamental not only to social and emotional development but to health, ethical development, citizenship, motivation to achieve and academic achievement. Social and emotional learning is addressed through West Virginia Board of Education (WVBE) policies such as:

• 2315-Guidance and Counseling

• 21st Century Content Standards and Objectives for West Virginia Schools

  • 2520.4 - Social Studies

  • 2520.55 - Wellness PreK-4

  • 2520.5 - Health Education 5-12

  • 2520.6 - Physical Education 5-12

  • 2520.14 - Learning Skills and Technology Tools

  • 2520.15 - Early Learning Standards Framework: Content Standards and Learning Criteria for West Virginia Pre-Kindergarten (WV Pre-k)

  • 2520.19 - Advisor/Advisee 5-12

The West Virginia Department of Education(WVDE) will provide a crosswalk of these existing standards to demonstrate the comprehensive correlation to the social and emotional learning standards.

Social and emotional learning is also addressed in various county board of education policies, procedures and programs. The shaping of student behaviors is not confined to any one subject area or classroom; therefore, it is the collective responsibility of all school staff and all community partners to assume an appropriate role in teaching and supporting social and emotional learning skills. In order to comprehensively address the learning standards, schools must analyze the various delivery methods and develop a systemic approach that assures sufficient opportunities to learn and practice the skills throughout the school and community environment.

In order to achieve social and emotional learning standards, schools should address student development holistically and relate it to real-world functioning. It is important to select culturally appropriate materials and examples that respect individual differences while at the same time acknowledging and celebrating the cultural diversity of students within the classroom, school, community, state, nation and world.

The following social and emotional learning standards, objectives and example behaviors shall be the guide for county boards of education. The example behavior categories are defined as follows:

• Individual behaviors – are observable actions that students can demonstrate independently without interaction.
• Initiative interaction – are observable actions that require students to purposefully start social engagement.
• Responsive interaction – are observable actions that require students to engage in reaction to social encounters.

• Work skills interactions – are observable actions that require students to demonstrate social skills and dispositions that are expected in the workplace.

The standards and objectives progress through the grade levels in a spiraling nature. Once the objectives from one level are mastered, students are expected to maintain them at higher grade levels as they continually demonstrate that they have integrated the valued dispositions into their personal values and actions.

Standard 1: Self-awareness and Self-management

The self-awareness and self-management standard promotes the development of self- esteem and identification of emotions leading to student self-efficacy to express themselves in constructive ways. These skills enable students to control impulses, manage stress and motivate themselves to establish, monitor and achieve academic and personal goals.

Standard 2: Social-awareness and Interpersonal Skills

Social-awareness involves recognition of the thoughts, feelings and perspectives of others, including those that are different from one’s own. Interpersonal skills involve cooperating, communicating respectfully and constructively resolving conflicts with others. Both are essential for building and maintaining positive relationships that are essential to success in school and life.

Standard 3: Decision-making Skills and Responsible Behaviors

Decision-making requires an ability to accurately assess a variety of situations, define and evaluate choices, anticipate consequences of each, generate alternative choices and select a responsible choice. Responsible behaviors are those that promote safety, avoid risk, deal honestly and fairly with others and contribute in a positive way to one’s classroom, school, family and community.

Chapter 2

STUDENT RIGHTS AND RESPONSIBILITIES

Rights and responsibilities go hand in hand. Students in West Virginia have basic rights and responsibilities similar to those enjoyed by other citizens. These include the right to the equal protection of the laws and the right to the privileges and immunities of United States citizenship. Enjoyment of these rights is governed by due process of law.

School officials have control over student safety, welfare, and behavior from the time a student boards the school bus or arrives at school until the student returns home or to their designated bus stop. To meet this responsibility school officials have the right and responsibility to adopt rules and regulations for the purpose of maintaining order and discipline and creating a positive learning environment. It is a student’s responsibility to follow school rules and regulations and to cooperate with school authorities who enforce these rules and regulations.

Section 1. The Right to a Thorough and Efficient Education

All students, regardless of race, religion, national origin, language, gender, disability, marital status, parenthood, or pregnancy have the right to an equal education opportunity. Students are required by law to attend school regularly until their seventeenth birthday; as long as they continue to be enrolled as a student after their seventeenth birthday; or until their graduation. A student who has not graduated may attend school until they are twenty-one.

Public schooling is tuition-free for all students. School systems, however, may charge tuition for summer school and before/after-school programs, if offered, provided that any student whose parents, in the judgment of the board, are unable to pay such tuition, may attend at a reduced charge or without charge except for post secondary, community education, or adult preparatory programs.

Whatever school supplies are deemed necessary to accomplish the goals of a school system and are an integral and fundamental part of elementary and secondary education must be provided free of charge to all students, such as textbooks, paper, writing implements and computers if their use is part of the curriculum. Students may be required to purchase their own equipment, such as instruments and costumes, for performance-based classes, such as band, orchestra, choir, dance and theatre. However, students shall not be denied participation in a class because their parents/guardians cannot afford to do so. Schools have contingency plans to accommodate students and families who do not have the financial means to make these purchases.

Section 2. Student Inquiry and Expression

Schools may not conduct, sponsor or endorse religious activities during school time. Individual students have the right to practice their own religion in a manner that does not interfere with the orderly conduct of classes and may form student groups with a religious focus that meet after school. Students have the right to be absent from school, on a reasonable basis, for religious instruction and/or for participation in religious activities. An opportunity must be provided for students to make up any work missed; however, it is the student’s responsibility to make up such work pursuant to the rules established by the school or county.

Students are entitled to exercise appropriate speech while at school. Freedom of speech includes forms of expression other than vocal, provided this activity does not materially and substantially disrupt the work and discipline of the school or impinge upon the rights of other students. Schools may limit vulgar or offensive speech inconsistent with the school’s responsibility for teaching students the boundaries of socially appropriate behavior. Students’ off campus conduct that might reasonably be expected to cause disruption in the school may be prohibited or disciplined. This includes blogs and social media postings created for the purpose of inviting others to indulge in disruptive and hateful conduct towards a student or staff member.

Students have the right not to be compelled to participate in certain types of speech, such as reciting the Pledge of Allegiance. Students who choose not to participate in these ceremonies have the responsibility to respect the rights of those who do participate and must remain respectfully silent.

School sponsored student publications that are a part of the curriculum are subject to teacher editorial control, and therefore student speech may be regulated in a manner reasonably related to educational purposes.

Section 3. Non-curriculum Related Student Groups

When high schools allow one or more student groups whose purpose is not directly related to any class taught at the school to meet at the school, this is referred to as a limited open forum. If a school is a limited open forum for any purpose, the school must allow religious, political, and/or philosophical group meetings as long as the meetings are voluntary, monitored by the school, and do not interfere with the conduct of school activities.

Section 4. Extra-Curricular Activities

Students must meet all state and local attendance requirements and maintain a 2.0 grade point average in order to participate in non-academic extra-curricular activities (e.g. interscholastic athletics such as football, basketball, track or wrestling; cheerleading; student government; class officers in grades 6-12). Eligibility is determined for each semester by a student’s grade point average for the previous semester. Those students participating in a GED program whose grade point average for the last semester before entering into the program was below 2.0 grade point average may become eligible if they achieve a 2.0 average or better the mid-point of the second semester (the nine week point) in the same manner as students enrolled in the regular curriculum as outlined in WVBE Policy 2436.10.

Fees may be required to help support the cost of extra-curricular activities; however, the fees should be kept to a minimum in order to further equal opportunity for participation regardless of economic status. If fees are to be paid by a student who cannot afford those fees, school officials shall develop options that will allow the student to participate.

Section 5. Privacy

Students have certain privacy rights regarding school records. To ensure this privacy, WVBE Policy 4350 – Collection, Maintenance and Disclosure of Student Data provides regulations for schools to follow regarding school records. Parent(s)/guardian(s) of students under eighteen years of age are entitled by law to inspect and review their child’s school records. This right applies to both custodial and non-custodial parents. Students have these same rights if they are eighteen years of age or older. A guidance counselor or other school official may be needed to assist in interpreting the information in a student’s permanent record file, but their assistance is not required.

If a student or parent/guardian believes that information contained in an education record is inaccurate or misleading or violates the student’s privacy or other rights, the student or parent/guardian may request that the records be amended. If the school does not amend the records, a hearing may be requested to challenge the content of the records.

Except in certain instances, school officials may not release information from a student’s records without the consent of a parent or guardian, or student if the student is eighteen years of age or older. For example, confidential medical information cannot be released without the consent of the parent(s) or guardian(s) or eligible students’ specific written consent. However, under certain conditions, authorized persons or agencies may receive information without consent. For example, if school officials are served with a valid subpoena for student information, the parent(s) or guardian(s) must be provided notice prior to compliance with the subpoena in order that they may voice any objections in the venue that issued the subpoena.

Directory information may be released without seeking prior consent of the parent(s) or guardian(s) unless they refuse to waive consent at the beginning of each school year after receiving notification by the school of their statutory rights under the law.

Section 6. Protection from Unreasonable Searches and Seizures and Self-Incrimination

Federal and state constitutions and statutes provide protection for all citizens from unreasonable searches and seizures. Although school personnel have more latitude than police officers in this regard, because they do not need search warrants, search and seizures of lockers or students by school officials must still be reasonable, based upon the information known by them at the time of the search. Personal property may be searched by those authorized where there is "reasonable suspicion" to believe that student property contains stolen articles, illegal items or other contraband as defined by law or by local board or school policy.

Students also have a right under federal and state constitutions not to incriminate themselves about a crime when questioned on school grounds by an individual acting in the capacity of a law enforcement official. They are entitled to be informed of their right against self-incrimination if they are in a custodial setting, in other words, they are not at liberty to terminate the interrogation and leave. Students do not have a constitutional right against self-incrimination when being questioned by school officials or PRO Officers acting under the supervision of school officials who are investigating school related misconduct.

Section 7. Child Abuse Prevention

Students have the right to grow up without being physically or sexually abused at school, in the home or the community. W.Va. Code §49-6A-2 requires teachers, counselors, nurses, or other professionals who suspect that a student is being abused to report the circumstances to the West Virginia Department of Health and Human Resources. Victims of abuse may seek the advice or assistance of a teacher, counselor, nurse, or other school professional. The school professional will assist students in getting needed help to prevent the abuse from recurring.

Chapter 3

PLANNING FOR POLICY IMPLEMENTATION

Section 1. Conceptual Framework

The School and Community Social Skills Standards outlined in Chapter 1 are student focused and articulate the dispositions that students in West Virginia public schools are expected to develop throughout their school career. The WVBE believes that school systems have a fundamental responsibility for creating the opportunity for students to master the standards. However, the full responsibility rests collectively with school systems, students, families and communities. All entities must work collaboratively to plan, implement and evaluate a systemic approach to shaping the valued dispositions that students must have as they develop into active, respectful and responsible citizens. The system must include schools, families and communities in the effort to teach, support and acknowledge valued dispositions and provide appropriate and meaningful interventions for inappropriate behavior.

Parent, family and community involvement at early childhood, middle and adolescent levels is absolutely fundamental to an effective system of public education. Strong partnerships between homes, schools and communities are needed to ensure a quality education for all children. Parents, teachers and community members, by fostering a sense of cooperative responsibility, can reinforce one another’s efforts. Parents, as their children’s first and most enduring teachers, can complement their children’s school learning and behavior by serving as collaborators in the educational process. Community involvement, including strong business partnerships, promotes a safe and supportive school climate/culture that connects students to a broader learning community. Home-school-community partnerships are essential to the successful implementation of Policy 4373.

In order to convey a pervasive and consistent message that the valued dispositions are a priority, all students, staff and public guests of West Virginia public schools shall behave in a manner that promotes a school climate/culture that is safe and supportive and conducive to developing our valued dispositions. Conduct expectations apply to all students, staff and public guests on school property, school owned/leased buses and vehicles, school bus stops and school sponsored events.

School climate/culture refers to the quality and character of school life and its responsibilities to student success and growth. School climate/culture is based on patterns of people’s experience of school life and reflects norms, goals, values, interpersonal relationships, teaching, learning, leadership practices, and organizational structures. A sustainable, positive school climate/culture fosters youth development and learning necessary for a productive, contributing and satisfying life in a democratic society. This climate/culture includes norms, values and expectations that support people feeling socially, emotionally, intellectually and physically safe. Students and staff are engaged and respected. Students, families and educators work together to develop, live and contribute to a shared school vision. Educators model and nurture an attitude that emphasizes the benefits and satisfaction from learning. Each person contributes to the operations of the school and the care of the physical, social and emotional environment.

School climate/culture and procedures that support the development of positive school climate/culture are addressed through West Virginia Code and WVBE policies such as:

• 2322 - Standards for High Quality Schools (Standard 1 – Positive Climate/culture and Cohesive Culture)

• 2460 - Safe and Acceptable Use of the Internet by Students and Educators

• 2510 - Assuring Quality of Education: Regulations for Education Programs

• 5202 - Licensure of Professional/Paraprofessional Personnel

• 5310 - Performance Evaluation of School Personnel

• 5314 - Service Personnel Responsibilities and Performance Standards

• 5800 - Standards of Professional Practice for WV Superintendents, Principals and Teacher Leaders

• 5902 - Employee Code of Conduct

School climate/culture is also addressed in various county board of education policies, procedures and programs. The shaping of student behaviors is not confined to any one school personnel group or program; therefore, it is the collective responsibility of all school staff and all community partners to assume an appropriate role in shaping behavior and creating safe and supportive schools.

Section 2. Responsibilities of the WVBE and WVDE

Policy Development: The WVDE shall review Policy 4373 Expected Behaviors in Safe and Supportive Schools at least biannually, with appropriate stakeholders, and advise the WVBE of needed revisions based on emerging federal and state law as well as research and best practice related to school climate/culture and student behavior. The Department shall also develop model policy and procedure documents to support the policy development requirements of county boards of education.

Partnership Development: School systems cannot provide all of the resources and intervention services that may be required to meet the more severe behavioral needs of students or to address high need concerns within a specific community. For this reason, partnerships with other agencies and organizations are essential in order to coordinate a seamless delivery of necessary services and support to implement this policy.

The WVDE shall establish state agency and organization partnerships that enhance the policy development, supports and resources to shape behaviors in safe and supportive schools. These partnerships may be both formal and informal.

At the state level, formal partnerships are long term commitments that should be operationalized through memoranda of understanding and/or contracts that clearly articulate roles and responsibilities, procedural operations and resource sharing agreements. These formal agreements are necessary when funding, human resources and/or data are being shared.

Informal partnerships may be short or long-term commitments that may or may not require written agreements. These partnerships usually involve collaborative groups that form around common mission and goals to coordinate events, initiatives, resource development/dissemination, service delivery, local partnership development and/or professional development. They do not require formal agency agreements.

In the spirit of promoting successful partnerships at the regional, county and school levels, the WVDE shall provide sample partnership agreements, protocols and best practice documents to guide successful partnership development of this nature.

• Training and Technical Assistance: The WVDE shall provide training and technical assistance to school systems and schools in:
• Implementing research-based, effective models for developing and supporting positive school climate/culture (including but not limited to positive behavior programs, character education, peer mediation, conflict resolution and prevention of bullying, harassment, intimidation and substance abuse);
• Addressing school climate/culture improvement within the school improvement planning process;
• Collection and reporting of incident data via the WVEIS; and

• Developing interventions to assure school success for all students.

Evaluation of Effectiveness: The WVDE shall prepare an annual report to the WVBE to include:

• Evidence of school climate/culture improvement efforts within county and school strategic plans;
• Reported incidents of inappropriate behavior;
• Training and staff development offered by the WVDE and RESAs;
• Trend analysis from school climate/culture survey tools (as available); and

• A report analyzing cost implications of providing comprehensive school-based intervention programs.

West Virginia Code Requirements for the WVBE and WVDE:

Section 3. Responsibilities of the RESAs

Partnership Development: RESAs may establish regional agency and organization partnerships that can provide county boards of education and schools with additional supports and resources to shape behaviors in safe and supportive schools. These partnerships may be both formal and informal as described under Section 2.

Training and Technical Assistance: Provided that resources and funding are available, RESAs may provide training and technical assistance to school systems and schools in:

• Implementing research-based, effective models for developing and supporting a positive school climate/culture (including but not limited to positive behavior programs, character education, peer mediation, conflict resolution, prevention of bullying, harassment, intimidation, crisis planning and substance abuse);
• Addressing school climate/culture improvement within the school improvement planning process;
• Collection and reporting of incident data via the WVEIS; and

• Developing interventions to promote school success for all students.

Section 4. Responsibilities of County Boards of Education

Policy Development: Each county board of education shall have approved policies and procedures for implementing Policy 4373. Approved county policies shall be submitted to the State Superintendent of Schools by July 1, 2012 and resubmitted thereafter upon approval of any revision. County board policies must address and adhere to all applicable federal and state laws sited within this policy. County board policies and procedures must include guidelines for school level implementation.

County board of education policies shall also include safeguards to protect the safe and supportive environment of the school. These safeguards shall include but not be limited to:

• The responsibility of school administration to implement provisions of this policy with specific regard to education, communication and enforcement provisions;
• Clear procedures for identification, intervention and referral of students with behavioral and substance abuse issues;

• Assurance that no school or board of education property or school or county publication may be used for the advertisement of any tobacco or alcohol product. In accordance with WVBE Policy 4321.1 - Standards for School Nutrition, county boards of education should minimize marketing other foods and beverages in the high school setting by locating their distribution in low student traffic areas and by ensuring that the exterior of vending machines does not depict commercial logos of products or suggest that the consumption of vended items conveys a health or social benefit.

• Assurance that groups using school facilities shall sign agreements with the county board of education agreeing to comply with the environmental safeguards set forth in this policy; and

• Assurance that students, parents and spectators will be informed by public address systems that this policy remains in force on evenings, weekends and any other time that school is not in session.

Partnership Development: County boards of education are encouraged to establish county agency and organization partnerships with the purpose of providing the county’s schools with additional supports and resources to shape behaviors in safe and supportive schools. These partnerships may be both formal and informal as described under Section 2.

At the county board of education level, formal partnerships with community service agencies (i.e. law enforcement, behavioral healthcare providers) will be essential to successful implementation of this policy. Specific attention should be given to the development of formal agreements and protocols that ensure coordination between agencies and high quality service delivery to students and their families. At the county board of education level, memoranda of understanding and/or contracts are necessary whenever partner organization representatives interact with students on school property, during the school day or on behalf of the school system. These formal agreements should clearly articulate the types of student interaction that may occur, the roles and responsibilities of all parties involved, procedural operations and resource sharing (i.e. funding, space, staff, data).

At the county board of education level, informal partnerships may be short or long-term commitments that may or may not require written agreements. These partnerships usually involve collaborative groups that form around common missions and goals (i.e., anti-drug coalitions, tobacco control coalitions) to coordinate events, initiatives, resource development/dissemination, service delivery, local partnership development and/or professional development. They do not require formal agency agreements.

Policy Dissemination and Training: To ensure understanding of the county policy for Expected Behaviors in Safe and Supportive Schools, each county board of education shall develop and implement an ongoing awareness campaign for all students, staff and parents/guardians.

• The county board of education shall ensure that all schools provide appropriate policy training.
• The county board of education shall review their policy at least biannually for compliance with federal and state law and WVBE policy.

• The county board of education policy shall be made readily available to the public in written or electronic format.

Implementation Plan: County boards of education shall address within the Student Support Goal of their strategic plan with objectives for policy implementation that ensures each school incorporates the following:

• Use of pro-active strategies to develop and support positive behavior in students;
• Application of data-driven continuous school climate/culture improvement activities that reflect the particular needs of students and staff members to study, learn and work in a positive school climate/culture; and
• Application of appropriate and consistent interventions for all forms of inappropriate behaviors.

To the maximum extent possible, the implementation plan shall be developed collaboratively with input from all stakeholders including, but not limited to parents, business leaders, community organizations and state and local agencies. The plan should articulate and incorporate the partnership supports and resources that are available to schools through the county’s formal and informal partnership agreements.

Evaluation of Effectiveness: The county board of education shall annually review data related to this policy that shall include:

• Summary data for incidents of inappropriate behavior and intervention responses to incidents;
• Required LSIC reports;
• Trend analysis from school climate/culture survey tools (as available);
• Impact data related to school climate/culture improvement strategies within county and school strategic plans; and

• Impact data from training and staff development offered by the county, RESA and/or WVDE.

West Virginia Code Requirements for County Boards of Education:

Section 5. Responsibilities of Schools

Partnership Development: In accordance with county board of education policies and protocols, schools will establish community agency and organization partnerships that serve to provide the school with a variety of supports and resources to develop appropriate behaviors in safe and supportive schools. These partnerships may be both formal and informal as described under Section 2. Formal partnerships between community service agencies must be approved through the county board of education.

Policy Dissemination and Training: To ensure understanding of the county policy for Expected Behaviors in Safe and Supportive Schools and the school implementation plan, each school shall develop and implement an ongoing awareness campaign for all students, staff and parents/guardians.

• This policy shall appear in the student and staff handbooks and if no handbook is available, a copy will be distributed to all students, faculty, and staff.

• The county and/or school shall develop and implement training for students and staff on these regulations and on means for effectively promoting the goals of this policy.
  

Implementation Plan: Plans for the implementation of county policies for Expected Behaviors in Safe and Supportive Schools should be included within individual school strategic plans. The implementation plan shall reflect the particular needs of students and staff to study, learn and work in a positive school climate/culture. To the maximum extent possible, the plan should be developed collaboratively with input from all stakeholders including, but not limited to parents, business leaders, community organizations and state and local agencies. The plan should articulate and incorporate the partnership supports and resources that are available to the school through the county’s formal and informal partnership agreements as well as through additional school level partnerships.

At a minimum, schools shall:

• Establish a leadership team (may be an existing team) to manage the design, monitoring and improvement of school climate/culture;
• Establish a process to gain school-wide input and commitment to school climate/culture improvement from students, staff, parents and community;
• Develop school-wide priorities for Policy 4373;
• Analyze school climate/culture data annually;
• Make data driven improvement decisions based on analysis of consistently tracked student behaviors;
• Implement school-wide plans that provide appropriate interventions to support and reinforce expected behaviors;
• Iimplement programs/practices that promote youth asset development to support expected student behaviors, positive education and health outcomes;
• Implement comprehensive and effective intervention programs/practices that target identified behaviors that are disruptive to the educational process and that place students at higher risk of poor education and health outcomes;
• Develop appropriate and reliable referral procedures for intensive intervention that enlist school and community partnerships; and

• Evaluate school climate/culture improvement processes and revise as needed.

Evaluation of Effectiveness: The school will review data annually to determine the effectiveness of their implementation plan. This data review may include but not be limited to the following outcome and process data sets:

• Progress toward implementation plan goals and objectives
• Evidence of school climate/culture improvement efforts;

• Required LSIC reports (West Virginia Code §18-5A-2);

• Trend analysis from school climate/culture survey tools (as available);
• Summary data for incidents of inappropriate behavior and intervention responses to incidents; and
• Evaluation data from training and staff development provided by the county, RESA and/or WVDE.

West Virginia Code Requirements for Schools

Chapter 4

INAPPROPRIATE BEHAVIOR AND MEANINGFUL

INTERVENTIONS AND CONSEQUENCES

Section 1. Addressing Inappropriate Behavior with Meaningful Interventions and Consequences

The purpose of these regulations is to provide schools with policy that creates and ensures an orderly and safe environment that is conducive to learning. This policy requires that all schools respond immediately and consistently to any behavior that disrupts the learning environment in a manner that effectively deters future incidents and affirms respect for individuals. Inappropriate behaviors include but are not limited to incidents of harassment, intimidation, bullying, substance abuse and/or violence. The intent is for students to learn and exhibit appropriate behavior. All interventions and consequences are in effect on all school property and at all school sanctioned events, including extracurricular activities. Each district, with support from the WVDE and RESAs, will implement proactive, preventative, and responsive programs, outline investigatory and reporting procedures, and delineate meaningful interventions and consequences in response to inappropriate behavior.

This policy classifies inappropriate student behavior in four levels. County policies may reclassify Level 2 and Level 3 inappropriate behaviors depending on the severity or repetition of the behaviors and provided this reclassification assures that the treatment of the inappropriate behavior is consistent with West Virginia Code.

County/school policies should identify appropriate and meaningful interventions and consequences that include, but are not limited to, examples provided in this policy. It is not a requirement that all schools offer every intervention and consequence listed in this policy. School administrators and staff are encouraged to exhaust all available school and community resources to provide appropriate school-based intervention strategies designed to keep students in school and engaged in instruction.

Out-of-school suspension strategies should be used sparingly and shall never deny a student access to instructional material and information necessary to maintain their academic progress. Out-of-school suspension is not a recommended consequence or intervention for Level 1 behaviors; however, the determination of interventions and consequences is at the discretion of the school administrator for Level 1, Level 2 and Level 3. West Virginia Code requires that the principal shall suspend a student who commits a behavior classified as Level 4 in this policy. Level 3 and Level 4 behaviors are to be referred directly to the appropriate administrator because of the serious and/or unlawful nature of the misconduct.

In order to create consistency among all schools in the application of out-of-school suspension and expulsion as they relate to inter-scholastic extracurricular activities, any student suspended or expelled from school is also suspended from extracurricular activities for the duration of the out-of-school suspension or expulsion.

When administering interventions and consequences, it is required to determine if a student warrants protection under the IDEA, WVBE Policy 2419 and or Section 504.

Section 2. Inappropriate Behaviors: Codes, Definitions and Interventions and Consequences

• Level 4 Behaviors are Used in the Identification and Classification of Persistently Dangerous Schools

• As required by 20USC7912 Title IX, Part E, Section 9532 (No Child Left Behind), the following criteria is set forth to determine whether a school will be classified as a Persistently Dangerous School. Data indicating the number of substantiated inappropriate behaviors will be collected using the WVEIS in order to identify and classify a school as persistently dangerous. A West Virginia public school will be classified as a Persistently Dangerous School on or before August 1 of each year if the school has, for two consecutive years, substantiated Level 4 behaviors that exceed five percent (5%) of the total number of students enrolled in the school based on the school’s second month enrollment:

• Battery on a school employee as defined in West Virginia Code §61-2-15.

• Commission of an act that would constitute a felony under the laws of the state on the premises of an educational facility, at a school sponsored function or on a school bus.

• Possession of a firearm or deadly weapon as defined in West Virginia Code §61-7-2 on the premises of an educational facility, at a school sponsored function or on a school bus.

• Sale of a narcotic drug as defined in West Virginia Code §60A-1-101 on the premises of an educational facility, at a school sponsored function or on a school bus.

• County School System Requirements Related to Persistently Dangerous Schools:
• Provide targeted technical assistance to any school that has, for two consecutive years, substantiated Level 4 behaviors that exceed 3% of the total number of students enrolled in the school, based on the school’s second month enrollment;
• Develop a corrective action plan for any school identified as persistently dangerous, submit it to the WVDE, and implement the plan in a timely manner; and
• Conduct a timely notification process to inform parents of each student attending a school identified as persistently dangerous of this; provide the opportunity for students to transfer to a safe public school within the county school district; and complete the transfer process for all students wishing to transfer.
• WVDE Requirements Related to Persistently Dangerous Schools:
• Provide targeted technical assistance to any school that has, for two consecutive years, substantiated Level 4 behaviors that exceed 3.75% of the total number of students enrolled in the school, based on the school’s second month enrollment.

A student attending a school identified as persistently dangerous 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 county school district.

Section 3. Use of Physical Punishment Prohibited

West Virginia Code §18A-5-1(e) prohibits school employees from using corporal (bodily) punishment on any student. No physical punishment of any kind can be inflicted upon a student. This includes:

• hitting or striking a student on their physical person;
• requiring physical activity as a punishment (this does not apply to physical activity within the structure and context of extracurricular activities);
• use of noxious stimuli (e.g. pepper spray), denial of food or water or other negative physical actions to control behavior; and
• seclusion - a removal in which a student is left unsupervised in a dark area or in any space as an intervention or consequence to inappropriate behavior.

Section 4. Use of Restraint

Reasonable force may be used to restrain a student from hurting himself/herself or any other person or property. All students, including students with disabilities, must be treated with dignity and respect. Behavior interventions and support practices must be implemented in such a way as to protect the health and safety of the students and others. When the use of physical restraint is necessary, the following guidelines must be followed:

Definitions:

Restraint - the use of physical force to significantly restrict the free movement of all or a portion of a student’s body.

Emergency - a situation in which a student’s behavior poses a threat of imminent, serious physical harm to the student or others or serious property destruction.

A school employee and/or independent contractor may use restraint in an emergency as defined above with the following limitations:

• Restraint shall be limited to the use of such reasonable force as is necessary to address the emergency. Procedures and maneuvers that restrict breathing (e.g. prone restraint), place pressure or weight on the chest, lungs, sternum, diaphragm, back, neck or throat, or may cause physical harm are prohibited.
• Restraint shall be discontinued at the point at which the emergency no longer exists.
• Restraint shall be implemented in such a way as to protect the health and safety of the student and others.
• Restraint shall not deprive the student of basic human necessities.
• Appropriate (intended use) utilization of mechanical restraints such as seat belts or feeding tables when applied for their intended purpose is not prohibited; however, the application of mechanical restraint is prohibited as an intervention or consequence for inappropriate behavior.

School employees and/or independent contractors who, as determined by the principal, may need to use restraint shall be provided training according to the following requirements:

• A core team of personnel in each school must be trained annually in the use of a nationally recognized restraint process. The team must include an administrator or designee and any general or special education personnel likely to use restraint;
• Personnel called upon to use restraint in an emergency and who have not received prior training must receive training within 30 days following the use of restraint if the principal determines that there is a reasonable likelihood that the situation leading to the use of restraint will reoccur;
• Training on use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint;
• All trained personnel shall also receive instruction in current professionally accepted practices and standards regarding behavior interventions and supports;

Comprehensive documentation and immediate notification on use of restraint is required. In a case in which restraint is used, school employees, volunteers and/or independent contractors shall implement the following documentation requirements:

Written notification to the parents/guardian and documentation to the student official school record shall include the following:

• Name of the student;
• Name of the staff member(s) administering the restraint;
• Date of the restraint and the time the restraint began and ended;
• Location of the restraint;
• Narrative that describes antecedents, triggers, problem behavior(s), rationale for application of the restraint and the efforts made to de-escalate the situation and alternatives to restraint that were attempted; and
• Documentation of all parental contact and notification efforts.

Section 5. Alternative Education for Disruptive Students

West Virginia Code §18-5-19 provides for the creation of Alternative Education programs to allow for the provision of a free and appropriate education to students whose disruptive behavior has caused them to be removed from the regular classroom/school setting. Nothing in this manual precludes county boards of education from operating alternative education programs for non-disruptive students. The guidelines in this manual apply solely to alternative education programs for disruptive students. The State Superintendent's approval of the county alternative education policies and procedures is required for authorization to operate an alternative education program under these regulations.

For the purposes of this manual, an alternative education program is a temporary 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. The purposes of these programs are to: (1) provide a safe and orderly learning environment for the education of all students in the public schools of West Virginia and (2) meet the educational needs of disruptive students through the development of alternative education programs.

Alternative education programs for disruptive students encompass a range of program options such as:

• In-school suspension;
• A separate part-time or full-time alternative education classroom;
• A school-within a school;
• A school on an alternative site;
• An afterschool class/night school program; or
• A combination academic/work-based program.

County boards of education shall have broad flexibility in developing the type or types of alternative education program options needed to meet the needs of disruptive students in the county. County boards of education may request a waiver of State Board of Education policies and regulations in the development and operation of alternative education programs. Such a waiver request does not have to be submitted in accordance with the procedures for requesting waivers stipulated under West Virginia Code 18-5A-3, but may be submitted directly to the State Superintendent of Schools.

Program flexibility does not extend to modifying the provisions of Policy 2419 - Regulations for the Education of Exceptional Students in providing alternative education programs for students with exceptionalities or Section 504 of the Rehabilitation Act of 1973.

Program Requirements: County boards of education establishing alternative education programs shall meet the following requirements:

• Policies and Procedures - County boards of education shall adopt policies and procedures for the operation of alternative education programs. Policies and procedures shall include, but are not limited to:
  • The goals of the program;
  • The eligibility criteria and process for placement of students in the program including the composition of the Alternative Education Placement Team which may be an existing school team such as the Student Assistance Team;
  • The involvement of parents and community agencies;
  • Length and time of day the after-hours/night school program operates, if applicable;
  • Plan for awarding of credits;
  • Behavioral management plan as an alternative to the county's discipline policy, if applicable;
  • The staffing plan, personnel qualifications and class size limits;
  • The criteria for completion of the alternative education program or reentry into regular education; and
  • The performance measures and process for program evaluation.
• Eligibility for Placement in Alternative Education Programs - Students may be placed in alternative education programs for:
• Violations of the West Virginia Code §18A-5-1a;
• Repeated violations of the county's discipline policy following documented multiple behavioral interventions by the Student Assistance Team at the referring school; and
• Continuation of educational services during periods of suspension.
• Students who have been expelled must be placed in an alternative education program unless found to be a dangerous student under the procedures set forth in West Virginia Code §18A-5-1a.
• Students who have been suspended or expelled from a public or private school in West Virginia or another state, currently found within the county, may not be denied enrollment unless determined to be a “dangerous student” under the procedures set forth in West Virginia Code §18A-5-1a.
• Placement of Students in Alternative Education Programs - Placement decisions, excluding short-term in-school suspensions, shall be made by an Alternative Education Placement Team, which may be the Student Assistance Team, as defined in the county's policy and procedures. County school districts shall provide for the opportunity for parents to participate in the placement team meeting. The placement team shall develop a student's written plan which includes academic courses and behavioral components, criteria for re-entry to the regular school program and provisions for periodic review of the student's progress at least on an annual basis. The team for all students with disabilities shall be the IEP team and the written plan shall be the IEP.
• Curriculum - County boards of education shall have an identified written curriculum for alternative education programs based upon State Board of Education approved instructional goals and objectives. The curriculum shall also include a component for teaching and learning responsible behavior. In addition, the county shall provide for the participation of staff certified in the core subject areas in the development of the academic curriculum and the assessment measures to determine mastery of instructional goals and objectives.
• Instruction - County school districts shall deliver instruction in accordance with the following standards:
• I instructional activities shall be consistent with the written curriculum and appropriate for the students' developmental levels;
• Instructional materials shall be age appropriate, functionally appropriate, and of high interest level for students;
• The program shall provide for individualized instruction and accommodate the entry and exit of students;
• Curricular and instructional practices shall reflect high expectations for students;
• The instructional program shall be delivered in a climate/culture conducive to learning; and
• Sufficient instructional materials, supplies, and equipment shall be available to deliver the instructional program.
• State Assessment Program - Students enrolled in alternative education programs shall participate in the State Assessment Program, in accordance with WVBE Policy 2340 - West Virginia Measures of Academic Progress Program. The test scores for these students shall be counted in the results of the home county school of referral.
• Support Services - Students in alternative education programs shall receive school counseling services and/or other support services such as school social work or psychological services as indicated in the student's written plan.
• Special Education - County boards of education shall comply with applicable state and federal laws and regulations in the education of exceptional students placed in alternative education programs.
• Personnel Selection Criteria - It is the responsibility of the county board of education to select the most qualified applicant(s) to implement the alternative education program. Classroom teachers shall be selected on the basis of the teachers' demonstration of competence in meeting the following standards:
• Any West Virginia professional teaching certificate;
• Ability to effect positive behavior in disruptive students;
• Effective leadership and/or mentoring skills in working with youth;
• Successful experience in providing education to troubled or disruptive youth;
• Specialized training or experience in non-traditional programs; and
• Specialized training in behavior management skills
• Licensure - A teacher assigned to deliver the academic subjects within an alternative education program must possess a West Virginia professional teaching certificate in any area. A Temporary Authorization valid for one year shall be granted to the successful candidate(s) for the alternative education program position(s). The employing county superintendent must verify that the applicant possesses the required competencies. The Temporary Authorization may be renewed each year based on the applicant's continued employment in an alternative education program
• Day-School Programs - Absent expulsion, a student attending an alternative education day school program shall have the opportunity to receive a full-time instructional program and full instructional day.
• After-Hours/Night School Classes - County boards of education are authorized to provide alternative education programs after regular school hours for expelled students and for students who have repeated serious violations of the county's discipline policy following documented multiple behavioral interventions and out-of-school suspensions. After-Hour/Night School programs shall include the provision of academic coursework and development of social skills/pro-social behavior. Unless otherwise required by law, regulation, or court order, transportation services for such programs are at the discretion of the county board of education.
• Home-Based Programs for Disruptive Students - County boards of education may provide home-based programs solely for students expelled under the Productive and Safe Schools Act (West Virginia Code §18A-5-1a) or for disruptive students who meet the eligibility criteria for Home/Hospital Instruction under WVBE Policy 2510 - Assuring the Quality of Education: Regulations for Education Programs.
• Units of Credit - County boards of education shall grant units of credit for work satisfactorily completed in an alternative education program. Units of credit based upon mastery of performance criteria may be granted as an alternative to the standard units of credit.
• Program Completion - Students may complete an alternative education program in one of the following manners:
• Fulfillment of the criteria for re-entry into the regular school program;
• Completion of regular high school graduation requirements and awarding of a regular high school diploma from the home county school of referral;
• Completion of identified performance criteria leading to a high school diploma; or
• Completion of a GED in accordance with WVBE Policy 2444.4 - Issuance of State of West Virginia General Educational Development (GED®) Diploma Based Upon Passage of the GED Tests.

Accountability for Results: County boards of education establishing alternative education programs shall conduct an annual evaluation of the effectiveness of the program (s). The evaluation of the effectiveness of alternative education programs shall focus upon the impact of the program on student performance and results using indicators such as: academic gains; reduction in dropout rates; reduction in incidences requiring disciplinary action; improvement in attendance rates; rates of successful program completion and return to the regular school program; rates of successful completion of vocational training programs; rates of successful completion of high school graduation or attainment of a GED; and rates of successful job placement and job retention.

The WVDE shall review compliance with alternative education requirements and the effectiveness of alternative education programs through monitoring and review of the electronic County Strategic Plan. The alternative education program shall be evaluated on the basis of its stated goals and the provisions of this policy.

Section 6. Collaboration with Law Enforcement

Police have the responsibility to enforce laws in order to protect all citizens. Police can enter schools if they suspect a crime has been committed, if they have a warrant for an arrest or search, or if their assistance has been requested by school officials. It is the duty of the school officials, teachers, and students to cooperate with the police and each other to ensure that the rights of all involved persons are respected.

Prevention Resource Officers (PRO): PRO Officers are certified police officers, working as full time officers who have been assigned to work full time within a public school during the school year. The PRO Officer’s duties, salary and other conditions should be determined through an agreement with the county board of education and the PRO Officer’s authorized police department. The principal is the PRO Officer’s immediate supervisor while the officer is present in the school. There may be a time when, during the course a PRO Officer’s duties, the officer’s position as a law enforcement officer would take precedence.

Police Conducting an Investigation in the School: During a criminal investigation, if a student is to be questioned by the police, or by school officials in the presence of the police, the school administration should cooperate with the police and help to ensure that the privacy of the student is protected. The police officer is responsible to ensure that the student’s constitutional rights are not violated. The police officer is responsible for determining if the student’s parents or guardian, or lawyer should be contacted prior to questioning. West Virginia Code §49-5-2 specifies that statements made by a student under the age of fourteen, while being questioned by law enforcement officials, cannot be used in a court proceeding unless his or her lawyer is present; such statements made by students who are fourteen or fifteen years old cannot be used in a court proceeding unless their lawyer is present or a parent is present and the parent has been informed of the student’s rights. The police officer shall determine when the use of restraints is necessary during such questioning to control an unruly student to prevent the student from harming him/herself or others.

Chapter 5:

PROCEDURES FOR ADDRESSING ALLEGATIONS OF INAPPROPRIATE BEHAVIORS

Section 1. Procedures for Reporting Complaints of Inappropriate Behavior

• All school employees are responsible for assuring a safe and supportive school climate/culture. When incidents of inappropriate behavior are witnessed by school staff, the behavior shall be addressed consistently in accordance with the Interventions and Consequences outlined in Chapter 4 and with the school implementation plan. However, incidents of inappropriate behavior do not always occur in the presence of school employees and are reported to school authorities after the behavior has occurred.
• All inappropriate behaviors observed by students or public guests must be reported to the appropriate personnel for appropriate action to be taken as specified in the county policy and school implementation plan. Each county policy and school implementation plan shall designate the individual(s) who will receive complaints about inappropriate behaviors indicated in Chapter 4.
• County boards of education shall develop procedures to assure that any person who believes he or she has been the victim of an Inappropriate behavior as outlined in Chapter 4 or any person with knowledge or belief of conduct which may constitute a violation of Policy 4373 has an identified mechanism to report the alleged acts immediately to the appropriate official(s) designated by the county policy and school implementation plan. 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. 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.
• County Boards of Education shall develop appropriate procedures for investigating, reporting, responding, and devising consequences for the failure of an employee to appropriately respond to violations Policy 4373, in accordance with WVBE Policy 5310 - Performance Evaluation of School Personnel in a manner that promotes understanding and respect.

Complaint Procedure Considerations for Racial, Sexual, and Religious/Ethnic Harassment and Violence: County boards of education, RESAs, and the WVDE shall develop procedures to assure that any person who believes he or she has been the victim of religious/ethnic, racial or sexual harassment or violence by a student, teacher, administrator or other school personnel of the county board of education, or any person with knowledge or belief of conduct which may constitute religious/ethnic, racial or sexual harassment or violence toward a student, teacher, administrator or other school personnel has an identified mechanism to report the alleged acts immediately to an appropriate official designated by the agency's policy. Nothing in this policy shall prevent any person from reporting harassment or violence directly to the county superintendent, RESA executive director or the state superintendent, as appropriate, or to the West Virginia Human Rights Commission, or to a law enforcement agency.

• All alleged incidents of harassment or violence observed by faculty or staff must be reported to the designated investigator and appropriate action should be taken as specified in Section 2 of this Chapter.
• Under certain circumstances, sexual harassment may constitute child and/or sexual abuse under West Virginia Code §49-6-1 et seq. In such situations, the county board of education shall comply with the provisions of law for reporting such abuse.

Section 2. Procedures for Investigating Allegations of Inappropriate Behavior

• The individual(s) designated by the county policy and school implementation plan 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.
• 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 3 or a Level 4 inappropriate behavior, 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 Level 2 and discretionary at Level 1.
• The principal shall:
  • Determine whether the alleged conduct constitutes a violation of this policy.
  • 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.
  • Assure that the investigation will be completed as soon as practicable but no later than ten school days following the reported violation.

Upon completion of the investigation:

• A report shall be provided to the principal which includes a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.
• The report shall be recorded and filed at the county/school level as shall be determined in the county policy.
• The conclusion 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.
• 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.
• Investigation Procedure Considerations for Racial, Sexual, and Religious/Ethnic Harassment and Violence: County boards of education, RESAs, and the WVDE shall develop procedures following the above guidelines to investigate complaints of religious/ethnic, racial or sexual harassment or violence by a student, teacher, administrator or other school personnel of the county board of education. For RESAs, the RESA Executive Director shall take the place of the Principal and for the WVDE, the State Superintendent shall take the place of the Principal.

Section 3. Procedures to Prevent Reprisal

• The county board of education shall develop discipline procedures to take appropriate action against any student or employee 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.
• Likewise, the county board of education shall develop a disciplinary process to take appropriate action against any student, administrator or other school personnel who falsely reports violations of this policy.

Chapter 6

PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS

Section 1. Interventions and Consequences of Inappropriate Behavior

It is the intent of the WVBE for schools to be pro-active and preventive in their approach to student behavior. It is also the Board’s intent that inappropriate behavior be addressed with meaningful interventions and consequences that strive to improve future behavior. Therefore, it is the Board’s belief that school administrators and staff shall exhaust all available school and community resources to provide appropriate school-based intervention strategies designed to keep students in school and engaged in instruction. Out-of-school suspension strategies should be used sparingly and shall never deny a student access to instructional material and information necessary to maintain academic progress. Out-of-school suspension is not a recommended optional consequence or intervention for Level 1 behaviors; however, the determination of interventions and consequences is at the discretion of the school administrator for levels 1, 2 and 3. West Virginia Code requires that the principal shall suspend a student who commits a behavior classified as Level 4 in this policy.

In determining the appropriate intervention and/or consequence in response to a substantiated Level 1, II, or III inappropriate behavior, the principal, superintendent and/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.

Section 2. Guidelines for Specific Responses to Inappropriate Behavior

Exclusion: According to West Virginia Code §18A-5-1, a teacher or bus driver may exclude from a classroom or bus any student who displays one or more of the inappropriate behaviors outlined in Chapter 4, Section 2, Levels 1, 2, 3 or 4. Any student excluded shall be placed under the control of the principal of the school or a designee. The excluded student may be admitted to the classroom or school bus only when the principal, or a designee, provides written certification to the teacher that the student may be readmitted and specifies the specific type of disciplinary action, if any, that was taken. If the principal finds that disciplinary action is warranted, he or she shall provide written and, if possible, telephonic notice of the action to the parent(s), guardian(s) or custodian(s). When a student is excluded from a classroom or a school bus two times in one semester, and after exhausting all reasonable methods of classroom discipline provided in the school discipline plan, the student may be readmitted to the classroom or the school bus only after the principal, teacher 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, 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. Thereafter, 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.

Bus drivers must follow the guidelines outlined in WVBE Policy 4336 – West Virginia School Bus Transportation Policy and Procedures Manual. When the bus driver excludes a student from the school bus, the driver shall notify the student and the student’s principal. The principal/designee shall notify the student’s parent/guardian. All students shall be transported until the parent/guardian has been properly notified of the exclusion. The principal/designee shall notify the parent/guardian when their child may resume riding the bus. If the inappropriate behavior persists, the student may have his/her rights to transportation services suspended for the remainder of the year, to the extent feasible.

Suspension: The purpose of suspension is to protect the student body, school personnel and property, the educational environment, and the orderly process of the school. Suspension is considered a temporary solution to inappropriate behavior 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.

Suspension typically takes one of two forms:

1. In-School Suspension: Instances in which a student is temporarily removed from his/her classroom(s) for disciplinary purposes but remains under the direct supervision of school personnel and continues to receive instructional support. Direct supervision means school personnel are physically in the same location as students under their supervision. Settings may include other locations within the school building or removal to another school, such as an alternative school, provided the student remains in direct supervision of school personnel.
2. Out-of-School Suspension: Instances in which a student is temporarily removed from his/her school for disciplinary purposes to another setting pursuant to W. Va. Code §18A-5-1a (e.g., home, community setting). This includes both removals in which no IEP services are provided because the removal is 10 days or less as well as removals in which the student continues to receive services according to his/her IEP. The student is not under direct supervision of school personnel as defined under in-school suspension.

A student is entitled to an informal hearing when faced with an out-of-school 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 safety of the school may be suspended immediately and a hearing held as soon as practical after the suspension. Other procedures the school must follow when dealing with out-of-school suspensions are outlined in West Virginia Codes §18A-5-1 and 18A-5-1a and include:

• Parent(s)/guardian(s) must be notified promptly in all cases of suspension.
• The county superintendent of schools or designee must be notified and preferably in writing of the time and conditions pertaining to the suspension.
• A student that is suspended from school may not participate in any school-sponsored activities, and is not permitted on school grounds during the period of suspension.
• A student may not be suspended from school solely for not attending class.

An out-of-school 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 West Virginia Codes §18A-5-1 and 18A-5-1a and include:

• Parent(s)/guardian(s) must be informed in writing of the charges against their child, including a summary of the evidence upon which the charges are based.
• Upon the student’s/parent/guardian’s request, a formal hearing must be scheduled before the county board of education.
• Students are entitled to be represented or advised during the proceedings by a person or persons of their choosing, including legal counsel.
• Students are entitled to be given reasonable time to prepare for the hearing.

Expulsion: 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 West Virginia Codes §18A-5-1 and §18A-5-1.

West Virginia Codes §18A-5-1 and §18A-5-1a requires mandatory out-of-school 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 include:

• The student and parent(s)/guardian(s) must be given a written statement of the specific charges against the student.
• The county board of education must hold a hearing regarding the recommended expulsion.
• The student and parent(s)/guardian(s) must be given a written notice of the time and place of the board of education hearing at which the expulsion will be considered. This notice must be given far enough in advance for the student to have time to prepare an adequate defense against the charges.
• The student and parent(s)/guardian(s) have the right to be present at the board hearing and to defend against the charges.
• The student has the right to be represented by an attorney at the hearing at their own expense.
• The student has the right to present witnesses in their behalf, to hear the testimony of witnesses against them, and to question the witnesses against them.
• If the board of education decides that the charges against a student do not warrant his or her expulsion from school, the student may remain in school or return to school without being subjected to punishment or harassment.
• In all expulsion hearings, fact shall be found by a preponderance of the evidence.

Expulsion by the board of education is final. However, if a student or parent/guardian believes that the student was not given procedural due process, they may appeal to the State Superintendent of Schools. If the State Superintendent finds that the board's decision to expel the student was properly made, then the expulsion will stand unless overturned by a court.

Section 3. Considerations for Transferring Students with Expulsions

Students who have been suspended or expelled from a public or private school in West Virginia or another state, currently found within the county, may not be denied enrollment in the county school system unless determined to be a “dangerous student” under the procedures set forth in West Virginia Code §18A-5-1a.. Superintendents may, in their discretion, determine the appropriate educational placement, including alternative education services, for these students (Superintendent’s Interpretation of January 26, 2007).

Section 4. Considerations for Students with Disabilities, Students not yet Determined Eligible for Special Education and Students with 504 Plans

When considering exclusion from the bus or suspension or expulsion from school or the bus for students with disabilities, students not yet determined eligible for special education (i.e. students currently engaged in the eligibility process beginning with a Student Assistance Team referral) or students with 504 plans, refer to WVBE Policy 2419 - Regulations for the Education of Students with Exceptionalities, Chapter 7 for specific guidelines related to protections which may be warranted for these students.

Section 5. Procedures for Reporting Action on Substantiated Incidents

It is essential that schools accurately track incidents of inappropriate behavior in order to utilize data for school climate/culture improvement efforts and to create documentation to support actions taken to intervene in inappropriate behavior patterns. The WVEIS provides schools with the platform to report all incidents of inappropriate behavior at the classroom level and above. The primary value of this data rests at the school and county level and is necessary for development and monitoring of Policy 4373 implementation plans. Therefore, all inappropriate behaviors as described in Chapter 4, Section 2, Levels 1, 2, 3 and 4 shall be reported through:

• Teacher level documentation – shall include inappropriate behavior leading to interventions, consequences and/or referrals to the principal. ;
• Principal level WVEIS data entry – shall include all teacher level documentation as well as additional entry for administrative disciplinary actions. This data shall be entered into WVEIS by the principal and/or other authorized staff.
• Superintendent level WVEIS data entry – shall include county board actions resulting from expulsion hearings. This data shall be entered into WVEIS by the superintendent and/or other authorized staff.

Incidents of inappropriate behaviors reported into WVEIS in accordance with this policy will be used by the WVDE to comply with federal and state reporting requirements. In order to assure accuracy of data, all districts shall verify their data monthly.

Section 6. Appeals Procedures

If someone believes that a county board of education has violated the procedural rights set forth in this policy, they may avail themselves of the appeal procedures outlined in WVBE Policy 7211 - Appeals Procedure for Citizens. However, this policy does not address personal complaints against a school employee. The procedures set forth in Policy 7211 are not deemed to be a precondition to seeking relief in some other forum.