SUPERINTENDENT INTERPRETATION
 
Interpretation's Date: January 30, 1991
by superintendent Henry Marockie
Section: IV. Students
 
Interpretation

January 30, 1991

Mr. Jack Welton
Director
Middle Childhood Education
Putnam County Schools
Post Office Box 47
Winfield, West Virginia 25213-0047

Dear Mr. Welton:

You have asked about the meaning of Rule 4373-5.1 of the West Virginia Board of Education which states:

Teachers may exclude from class for one class period or school day any student who fails to abide by the Student Code of Conduct.

A teacher has authority under this rule of the Student_Code_of_Conduct, and W.Va. Code 18A-5-1, to remove1 a pupil (student) from the teacher's class. If the class is a day long, then this could result in removal of the child from class for the entire day if the teacher is convinced that this is necessary. A teacher does not have authority to remove a child from some other teacher's class; only the principal can do this.

Hoping that I have been of service, I am,

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

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cc: Dr. Sam P. Sentelle
Superintendent
Putnam County Schools

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1 The Code of Conduct (Rule 4373) uses the word "exclude"; whereas, W.Va. Code 18A-5-1 uses the word "suspend".