Signed by Governor Patrick Morrisey

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes a behavioral program for students who exhibit violent, threatening, or intimidating behavior in West Virginia.

Highlights:

• Establishes a behavioral program for students who exhibit violent, threatening, or intimidating behavior in West Virginia (Article 5).

• Requires a student whose behavior is deemed violent, threatening, or intimidating to be referred to a school counselor, school social worker, or school psychologist to conduct a functional behavioral assessment to determine the causes of the behavior and establish a 2-week behavioral plan for the student (Article 5).

• Requires that the student would be re-evaluated after the 2 weeks have passed (Article 5).

• Authorizes for the creation of alternative learning centers in counties or expanding existing centers, subject to funding, to address the behaviors of chronically disruptive students (Article 5).

• Authorizes multiple counties to share the use of an alternative learning center for counties without alternative learning centers (Article 5).

• Requires that specific disciplinary steps be taken when a teacher determines a student’s behavior crosses over into violent or dangerous actions, including (Article 5).

• Immediate removal from the classroom away from other students for the remainder of the day;

• Parental notification; and 

• A 3-day suspension.

• Specifies that a student removed from a classroom 3 times in a month would receive an in-school suspension, out-of-school suspension, or placement in an alternative learning center (Article 5).

• Authorizes for the expulsion of a student, but only if repeated behavior occurs (Article 5).

• Authorizes a teacher or principal to come to the expulsion hearing and allows both to appeal to the county superintendent over any disagreement (Article 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a behavioral program for students who exhibit violent, threatening, or intimidating behavior in West Virginia.

Highlights:

• Establishes a behavioral program for students who exhibit violent, threatening, or intimidating behavior in West Virginia (Article 5).

• Requires a student whose behavior is deemed violent, threatening, or intimidating to be referred to a school counselor, school social worker, or school psychologist to conduct a functional behavioral assessment to determine the causes of the behavior and establish a 2-week behavioral plan for the student (Article 5).

• Requires that the student would be re-evaluated after the 2 weeks have passed (Article 5).

• Authorizes for the creation of alternative learning centers in counties or expanding existing centers, subject to funding, to address the behaviors of chronically disruptive students (Article 5).

• Authorizes multiple counties to share the use of an alternative learning center for counties without alternative learning centers (Article 5).

• Requires that specific disciplinary steps be taken when a teacher determines a student’s behavior crosses over into violent or dangerous actions, including (Article 5).

• Immediate removal from the classroom away from other students for the remainder of the day;

• Parental notification; and 

• A 3-day suspension.

• Specifies that a student removed from a classroom 3 times in a month would receive an in-school suspension, out-of-school suspension, or placement in an alternative learning center (Article 5).

• Authorizes for the expulsion of a student, but only if repeated behavior occurs (Article 5).

• Authorizes a teacher or principal to come to the expulsion hearing and allows both to appeal to the county superintendent over any disagreement (Article 5).

Full Bill Text