Interpretation's Date: January 30, 1991
by superintendent Henry Marockie
Section: IV. Students
January 30, 1991
Mr. Jack Welton
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,
cc: Dr. Sam P. Sentelle
1 The Code of Conduct (Rule 4373) uses the word "exclude"; whereas, W.Va. Code 18A-5-1 uses the word "suspend".