Policy 440 (part 2) - Student Code of Conduct and Discipline

Adopted on August 8, 2019

Effective August 8, 2019

Expulsion of a Dangerous Student

A "dangerous student" means a student who is substantially likely to cause serious bodily injury to himself/herself or another individual within that student's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense. The Board may attempt to establish the student as a "dangerous student" at a hearing to determine the expulsion of the student. In a notice to the parent/guardian, the Board shall state clearly whether the Board will attempt to establish the student as a "dangerous student" and will include any evidence to support its claim in this notice of the hearing date and time.

If the Board did not intend prior to a hearing to assert a dangerous student claim, did not notify the student prior to the hearing that such a determination, would be considered and, if the Board determines through the course of the hearing that the student may be a dangerous student, it shall schedule a second hearing within ten days to decide the issue. The hearing may be postponed for good cause shown by the student, but s/he remains under suspension until after the hearing.

If the Board expels a student, and finds that the student is a dangerous student, it may refuse to provide alternative education. When the student is found to be a dangerous student, is expelled and is denied alternative education, a hearing shall be conducted within three months after the refusal by the Board to provide alternative education to re-examine whether or not the student remains a dangerous student and whether the student shall be provided alternative education. A hearing for the purpose of re-examining whether or not the student remains a dangerous student and whether the student shall be provided alternative education shall be conducted every three months for so long as the student remains a dangerous student and is denied alternative education. During the initial hearing, or in any subsequent hearing, the Board may consider the history of the student's conduct as well as any improvements made subsequent to the expulsion. If it is determined during any of the hearing that the student is no longer a dangerous student or should be provided alternative education, the student shall be provided alternative education during the remainder of the expulsion period.

The Board shall provide for an alternative education for a student that has been expelled from school, except it may refuse an alternative education for a "dangerous" student.

The Superintendent shall initiate expulsion proceedings against a student who has committed an act that warrants expulsion under Board policy even if the student withdraws from school prior to the hearing or decision to impose the expulsion. The expulsion must be imposed for the same duration it would have been had the student remained enrolled.

A student's application for enrollment may be denied if the student is, at the time of application, expelled from any public or private school in another state or county in West Virginia. This does not apply to a student domiciled in the County.

Nothing in this policy shall be interpreted to violate the Individuals with Disabilities Education Act, The Americans with Disabilities Education Act, or West Virginia State Board of Education policy 2419.

Suspension of School Transportation Privileges and Exclusion from School Bus

Students riding on a school bus or other vehicles approved by the Board of Education are under the authority of and directly responsible to the school bus/school vehicle operator ("operator"). The operator has the authority to enforce the established regulations for school bus/vehicle conduct and the duty to report student violations of this policy. Each operator shall immediately notify the school principal when any transported student has violated West Virginia Board of Education Policy 4373. Written notification to the principal shall be completed by the operator as soon as possible. If the principal finds that disciplinary action is warranted, s/he shall provide written and, if possible, telephonic notice of the action to the parent(s), guardian(s) or custodian(s).

A student may be disciplined for any violation of established rules/regulations for proper school bus conduct and/or for violations of West Virginia Board of Education Policy 4373 occurring on the school bus/vehicle. Discipline for such misconduct shall be consistent with the provisions of this policy. A student's school bus/vehicle riding privileges may be suspended by the principal.

Exclusion from bus by bus operator

An operator may exclude from the school bus/vehicle any student who is guilty of disorderly conduct; who in any manner interferes with an orderly educational process; who threatens, abuses or otherwise intimidate or attempts to intimidate a school employee or a student; who willfully disobeys a school employee; or who uses abusive or profane language directed at a school employee.

Once a student is excluded from the school bus/school vehicle, the student shall be placed under the control of the principal of the school or a designee. The principal or designee shall take appropriate disciplinary action and notify the parent/guardian of the student in writing of the disciplinary action taken.

The student to be excluded from the bus shall be notified by the operator. The parents/guardians of the student shall be notified by the school principal/designee.

All students shall be transported until the parent/guardian has been properly notified about the exclusion.

An excluded student shall be readmitted to the school bus only after the principal/designee provides a written certification to the operator that the student may be readmitted and specifies the type of disciplinary action, if any, that was taken. The length of the student's exclusion from the school bus shall be determined by the principal/designee in his/her sole and exclusive judgment. Parents/Guardians will also be notified by the school principal/designee when their son/daughter may resume riding the school bus.

When a student is excluded from 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 school bus only after the principal, the operator 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 operator 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 operator's request, the principal may, to the extent feasible, transfer the student to another bus.

Each operator shall display the following in his/her school bus:

All students enrolled in West Virginia public schools shall behave in a manner that promotes a school environment that is nurturing, orderly, safe and conducive to learning and personal-social development.
Students shall help create an atmosphere free from bullying, intimidation and harassment.
Students shall demonstrate honesty and trustworthiness.
Students shall treat others with respect, deal peacefully with anger, use good manners and be considerate of the feelings of others.
Students shall demonstrate responsibility, use self-control and be self-disciplined.
Students shall demonstrate fairness, play by the rules, and will not take advantage of others.
Students shall demonstrate compassion and caring.
Students shall demonstrate good citizenship by obeying laws and rules, respecting authority, and by cooperating with others.

In-School Suspension

The availability of an in-school suspension program is dependent upon the financial ability of the Board to support such a program.

In-school suspension will only be offered at the discretion of the principal for offenses found in this Student Code of Conduct.

The Superintendent shall develop administrative guidelines for the proper operation of an in-school suspension program. As long as the in-school suspension alternatives are served entirely within the school setting, they will not require any notice, hearing or appeal rights for the student and/or his/her parents/guardians beyond any notice, hearing, or appeal rights provided under any disciplinary action.

Emergency Removal of Students

If a student's presence poses a continuing danger to persons or property, or an ongoing threat of disrupting the academic process taking place either in a classroom or elsewhere on school premises, then the Superintendent, principal or assistant principal may remove the student from curricular activities or from the school premises. A teacher may remove the student from curricular activities under the teacher's supervision, but not from the premises. If a teacher makes an emergency removal, the teacher will notify a building administrator of the circumstances surrounding the removal in writing, as soon as practicable. The principal may suspend the student and/or recommend expulsion pursuant to the provisions of this policy.

In an emergency removal, a student can be kept from class until the matter of the misconduct is disposed of either by reinstatement, suspension or expulsion.

Discipline for Special Education Students

If a student's behavior, regardless of the student's disability, impedes his/her learning or the learning of others, the IEP Team shall consider the use of strategies, including positive behavioral supports and interventions, to address the behavior. If the IEP Team determines that such services or supports are needed, they shall be included in the IEP and be implemented.

Students with disabilities who are subject to disciplinary actions by the County are entitled to all of the due process rights afforded students without disabilities. In addition to these rights, IDEA 2004 provides added procedure and safeguards to a student with a disability whom the County is considering removing from his/her current educational placement for disciplinary reasons. When determining whether a change of placement is appropriate, the County shall consider any unique circumstances on a case-by-case basis. These procedures do not prevent County personnel from maintaining a safe environment conducive to learning that is critical for all students.

Disciplinary Change of Placement

A disciplinary change of placement is a removal from the student's current educational placement for more than ten consecutive school days or series of removals that constitute a pattern. A pattern is established because the series of removals total more than ten cumulative school days in a school year, that student's behavior is substantially similar to his/her behavior in the previous incident that resulted in the series of removals, and additional factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another are present. Whether a pattern of removals constitutes a change of placement will be determined on a case-by-case basis by school personnel. These determinations are subject to due process and judicial review.

In determining the number of cumulative days a student has been removed, consideration must be given to days of removal due to in-school suspension, partial day suspensions or bus suspensions. An in-school suspension is not considered as a day of suspension for purposes of this policy as long as the student is afforded the opportunity to continue to participate in the general curriculum, continue to receive services specified on the student's IEP and continue to participate with students without disabilities to the extent they would have in their current placement. Portions of a school day that a student has been suspended may be considered as removal in regard to determining whether there is a pattern of removals as defined in the preceding paragraph.

Whether a bus suspension counts as a day of suspension depends on whether the bus transportation is a part of the student's IEP. If bus transportation is a part of the student's IEP, a bus suspension must be treated as a suspension under this policy unless the County provides the bus service in some other way, because transportation is necessary for the student to obtain access to the location where services will be delivered. If bus transportation is not a part of the student's IEP, a bus suspension is not a suspension under this policy. In these cases, the student and the student's parent have the same obligation to get the student to and from school as a student without disabilities who has been suspended from the bus. However, the County should consider whether the behavior on the bus is similar to behavior in a classroom that is addressed in an IEP and whether the student's behavior on the bus should be addressed in the IEP or a behavior intervention plan.

The following sections delineate the actions a County shall take when the removal is or is not a change of placement.

County Actions When Removals Are Not a Change of Placement

School personnel may remove any student, including a student with a disability, for up to ten consecutive school days in a school year if the student violates the County's code of student conduct. During the initial ten cumulative days of removal, services need not be provided to a student with a disability unless services are provided to students without disabilities. These removals must be applied to the same extent as they are applied to students without disabilities.

School personnel may remove a student with a disability for up to ten consecutive school days per incident for separate acts of misconduct in a school year as long as the removals do not constitute a pattern resulting in a change of placement.

For each subsequent removal beyond ten cumulative school days in a year that is not a change in placement, school personnel in consultation with at least one of the student's teachers must determine the extent to which services are needed to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP.

County Actions When Considering a Disciplinary Change of Placement

A manifestation determination is required if the County is considering removing a student with a disability from his/her educational placement for disciplinary reasons beyond ten consecutive school days or more than ten cumulative school days when the County deems that a pattern exists. A manifestation determination is defined as a review of the relationship between the student's disability and the behavior subject to disciplinary action. Whenever considering disciplinary action that will result in a change of placement, the County shall:

provide same day written notice of the removal and the procedural safeguards notice to the parent/adult student of the disciplinary action to be taken; and
within ten school days of any decision to change placement, meet with the parent and relevant members of the IEP Team (as determined by the parent and County) to conduct a manifestation determination by reviewing all pertinent information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents to determine:
if the conduct in question was caused by, or had a direct and substantial relationship to the student's disability; or
if the conduct in question was the direct result of the County's failure to implement the IEP.

If the County, the parent and relevant members of the IEP Team determine that either of the conditions described in 1. and 2. were met, the conduct must be determined to be a manifestation of the student's disability, and the County shall take immediate steps to remedy those deficiencies.

County Actions When Conduct is Determined to Be a Manifestation of the Student's Disability

The IEP Team shall:

conduct a FBA and develop a BIP if one has not been completed; or
review the existing BIP and revise as needed to address the current behavior(s); and
return the student to the placement from which the student was removed unless the parent and the County agree to a change of placement as part of the modification of the BIP as determined by the IEP Team.

County Actions When Conduct is Determined Not to Be a Manifestation of the Student's Disability

determine appropriate disciplinary action, which may include relevant disciplinary procedures applicable to students without disabilities;
convene IEP Team to develop an IEP that specifies the educational services to be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP; and
provide, as appropriate, a functional behavioral assessment and behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.

District Actions When a Behavior Violation Involves Weapons, Illegal Drugs or Serious Bodily Injury

Regardless of whether the behavior is a manifestation of the student's disability, the County may remove a student to an interim alternative educational setting (IAES) for not more than forty-five (45) school days, if the student:

carries or possesses a weapon at school, on school premises or at a school function; or
knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance, while on school premises or at a school function; or
inflicts serious bodily harm to another person at school, on school premises, or at a school function.

The County shall use the following definitions when removing students because of the above special circumstances:

Weapon a weapon, device, instrument, material or substance animate, or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that such a term does NOT include a pocket knife with a blade of less than two and one-half inches in length (18 U.S.C. Section 930 (g)(s)).
Illegal drug a controlled substance, a drug or other substance identified under schedules I, II, III, IV or V in Section 202(c) of the Controlled Substance Act (21 U.S.C. 812 (c)). An illegal drug does not include a controlled substance that is legally possessed or used under the supervision of a licensed health care professional or used under any other authority under that Act or under any other provision of Federal law.
Serious bodily harm a bodily injury that involves:
substantial risk of death;
extreme physical pain;
protracted and obvious disfigurement; or
protracted loss or impairment of the function of the bodily member, organ or mental faculty.

The IAES must enable the student to receive educational services and participate in the general education curriculum, (although in another setting) and to progress toward meeting the goals set out in the student's IEP. As appropriate, the setting must include a functional behavioral assessment and behavioral intervention services and modifications to address the behavior violation so that it does not recur.

Hearing Officer Actions Resulting in a Change of Placement

Through an expedited due process hearing, County administrators may ask a WVDE hearing officer to remove a student with a disability to an appropriate IAES if the County believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others. The hearing officer may order a change of placement to an appropriate IAES for not more than forty-five (45) school days. This procedure may be repeated if the County believes the student would be dangerous if returned to the original placement.

FAPE Requirements in an Interim Alternate Educational Setting (IAES)

If the student's placement will change to an IAES, the IEP Team shall create/select an IAES that enables the student to:

continue to receive education services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in his/her IEP; and
receive, as appropriate, an FBA and behavioral intervention services to address the behavior violation so that it does not recur.

Additional Disciplinary Considerations

A. Requesting an Expedited Hearing

An expedited hearing is a hearing conducted by a WVDE special education due process hearing officer, that occurs within twenty (20) school days of the request with a decision rendered within ten (10) school days of the hearing.

An expedited due process hearing may be requested if:

1. the parent/adult student disagrees with:

a. the manifestation determination decision; or

b. any decisions of the IEP Team regarding a change of placement during a disciplinary proceeding; or

c. the decision regarding the student's placement in an IAES.

2. the County believes that maintaining the current placement is substantially likely to result in injury to the student or to others.

A decision of a hearing officer in an expedited hearing may be appealed to Federal or State District court.

When a request for an expedited hearing has been made, the student shall remain in the IAES pending the decision of the hearing officer or until the expiration of the disciplinary removal, whichever occurs first unless the parent and the State Education Agency (SEA) or County agree otherwise.

B. Parent/Adult Student Request for Evaluation of a Disciplined Student

If a request for an evaluation of a student who is not currently eligible for special education is made during the period in which the student is subject to disciplinary measures, the evaluation must be conducted in an expedited manner. Pending the results of the evaluation, the student remains in the educational placement determined by County officials, which can include suspension or expulsion without educational services if services cease for students without disabilities.

1. if the student is subsequently determined eligible for special education, the County will immediately:

a. convene an IEP Team meeting to develop an IEP.

b. conduct a manifestation determination.

1) If the behavior was caused by or had a direct and substantial relationship to the student's disability, the disciplinary action shall be set aside, and the student shall be provided appropriate educational services in the LRE.

2) If the behavior was not caused by or did not have a direct and substantial relationship to the student's disability, the student is subject to the disciplinary action as determined by school personnel, but s/he is still entitled to receive FAPE, which must be defined by the IEP Team. Educational services cannot cease for more than ten (10) school days in a school year. Educational services shall be provided to the extent necessary to allow the student with a disability access to the general education curriculum and the opportunity to advance toward achieving the goals set out in his/her IEP.

2. If the evaluation team determines that the student is not a student with a disability and is not eligible for special education, s/he will be subject to the same disciplinary actions as all other students without disabilities who engage in comparable behaviors.

C. Protections for Students Not Yet Eligible for Special Education

A student who has not been determined eligible for special education and related services and who has violated any rule or code of conduct of the County may assert the protections of the IDEA 2004 if the County had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

1. Basis of knowledge

With limited exceptions, which are described in item 2. Of this section, the County will be deemed to have knowledge that an individual is a student with a disability if one or more of the following is true:

a. The parent/adult student has expressed concern to County professional personnel that results in written documentation that the student may need special education and related services.

b. The parent/adult student has requested in writing that the student be evaluated for special education.

c. The student's teacher or other County personnel have expressed concern about a pattern of behavior demonstrated by the student directly to the director of special education or to other County supervisory personnel in accordance with the County's established child find system and referral process.

2. No basis of knowledge

The County will be deemed not to have knowledge that an individual is a student with a disability if one or more of the following is true:

a. An evaluation was conducted and a determination was made that the student did not have a disability

b. The parent/adult student did not give written consent for an evaluation; or

c. The parent/adult student refused special education services.

If the County did not have a basis of knowledge that a student was a student with a disability prior to taking disciplinary measures, the student is subjected to the same disciplinary measures applied to all other students who engage in comparable behaviors.

D. Referrals to and Action by Law Enforcement and Judicial Authorities

The County may report a crime committed by a student with a disability to appropriate authorities. The IDEA 2004 does not prevent State law enforcement or judicial authorities from exercising their responsibilities, with regard to the application of Federal and State law, for crimes committed by a student with a disability.

If a student brings a firearm to school, law enforcement must be contacted pursuant to the Gun-Free Schools Act.

If the County reports a crime, it will ensure that copies of the special education and disciplinary records of the student are provided to the appropriate law enforcement authorities for their consideration, to the extent the release of records is permitted by the FERPA and WV Board of Education Policy 4350. Generally, the release of records requires parent or adult student consent.

E. Transfer of Discipline Records

W. Va. Code 18A-5-1a requires that whenever a student transfers to a new school in West Virginia, the principal of the school from which the student transfers shall provide written record of any disciplinary action taken against the student to the principal of the school to which the student transfers.

Corporal Punishment

While recognizing that students may require disciplinary action in various forms, the Board cannot condone the use of unreasonable force and fear as an appropriate procedure in student discipline.

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.

Professional staff as well as service personnel staff, within the scope of their employment, may use and apply reasonable force and restraint to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects upon or within the control of the student, in self-defense, or for the protection of persons or property. Staff shall be trained to utilize restraint methods.

Corporal punishment shall not be permitted. If any employee threatens to inflict, inflicts, or causes to be inflicted unnecessary, unreasonable, irrational, or inappropriate force upon a student, s/he may be subject to discipline by this Board and possibly charges of child abuse as well. This prohibition applies as well to volunteers and those with whom the County contracts for services.

Use of Restraint and Seclusion with Students

Definitions:

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

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.

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.

It is the policy of the Board of Education to allow reasonable force to 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, 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.

Use of Physical or Mechanical Restraints

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.

Mandatory Training for Staff

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 thirty (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.

Documentation and Reporting

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:

Immediately following the use of restraint (within one hour), the principal or designee must be provided verbal and written notification that restraint was used on a given student with a description of the restraint process used.
On the same day that the restraint occurred, a good faith effort shall be made to verbally notify the parents/guardians regarding the use of restraint.
Within one school day, written notification of the use of restraint must be placed in the mail or otherwise provided to the parent/guardian.
Within one school day, written documentation regarding the use of restraint must be placed in the student's official school record. The information must be available to determine the relationship of a student's behavior as it impacts the student's learning and/or the creation or revision of a behavior intervention plan.

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 of 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

Disciplinary Action for a Violation of This Policy

In addition to any penalty prescribed by law, the Superintendent is directed by this policy to see that a Board employee who intentionally, knowingly or recklessly violates this policy is subject to disciplinary action up to and including dismissal. A Board employee engages in conduct "intentionally" if, when s/he engages in the conduct, it is his/her conscious objective to do so. A Board employee engages in conduct "knowingly" if, when s/he engages in the conduct, s/he is aware of a high probability of a violation of this policy. A Board employee engages in conduct "recklessly" if s/he engages in conduct in violation of this policy in a plain, conscious, and unjustifiable disregard of harm that might result to a student and the disregard involves a substantial deviation from acceptable standards of conduct established by this policy.

Retaliation for Fully Implementing or Reporting Violations

No Board employee shall be permitted to retaliate against a person for reporting or objecting to actions in violation of this policy or providing information regarding a violation of this policy.

Student Due Process Rights

The Board recognizes that students have certain Due Process rights, regarding the administration of discipline while students are at school, on school grounds, or at school-affiliated functions.

Accordingly, the Board established the following procedures:

Students Subject to Suspension - When a student is being considered for an out-of-school suspension by the principal, or other administrator:
A student is entitled to an informal hearing when faced with a suspension of ten (10) days or less. At this hearing, the principal must explain why the student is being suspended. If the student does not admit the charges, s/he shall be given an explanation of the evidence possessed by the principal. If the principal believes that the continued presence of the student in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the student shall be suspended immediately and an informal hearing shall be held as soon as practicable after the suspension.
The student and his/her parent(s), guardian(s) or custodian(s), as the case may be, shall be given telephonic notice, if possible, of this informal hearing, which notice shall briefly state the charges made against the student which constitute the grounds for the proposed suspension of the student.
At this informal hearing, the principal shall explain the charges against the student. If the student does not admit the charges, the principal will provide the student with an explanation of the evidence possessed by the principal. Thereafter, the student must be given an opportunity to explain his/her version of the occurrence and the reasons why he/she should not be suspended.
At the conclusion of the informal hearing, or upon the failure of the noticed student to appear for the informal hearing, the principal may suspend the student for a maximum of ten school days, including any days prior to the hearing, if any, for which the student has been excluded from school.
The principal shall report any suspension the same day it has been decided upon, in writing, to the parent(s), guardian(s) or custodian(s) of the student by regular United States mail. The notice will include the reasons for the suspension.
The suspension also shall be reported to the Superintendent the same day and to the faculty senate of the School at the next meeting after the suspension.
The suspension imposed upon a student shall be recorded in the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) by the principal within twenty-four hours of the imposition of the suspension. Each record of a suspension shall include the student's name and identification number, the reason for the suspension or expulsion, and the beginning and ending dates of the suspension.
Students Subject to Expulsion - When a student is being considered for expulsion by the Board:
The Superintendent shall cause a written notice, by certified mail, return receipt requested, to be served upon the student and his/her parent(s), guardian(s) or custodian(s), as the case may be, which states the:
charges and the recommended disposition;
date and time at which the hearing shall be held;
right of the student to be represented by counsel;
right of the student to call his/her own witnesses to verify his/her version of the incident and;
right to confront and cross-examine witnesses supporting the charge against him/her;
notice shall state clearly whether the Board will attempt at hearing to establish the student as a dangerous student and also shall include any evidence upon which the Board will rely in asserting its claim that the student is a dangerous student.
The hearing before the Board shall be within the ten day period of suspension imposed by the principal.
The hearing shall be held in executive session unless the student requests an open hearing.
The County Board shall hold the scheduled hearing to determine if the student should be reinstated or should or, must be expelled from school. If the County Board determines that the student should or must be expelled from school, it may also determine whether the student is a dangerous student, if proper notice of the charge has been provided as set forth in 1.f. immediately above. If notice has not been given that the Board may find the student is a dangerous student and the Board determines through the course of the hearing that the student may be dangerous, the Board must make such determination at a separate hearing to be scheduled within ten days of the first hearing, upon full notification to the student and his/her parent(s), guardian(s) or custodian(s). The hearing(s) shall be recorded by mechanical means unless recorded by a certified court reporter. The Superintendent may apply to a circuit judge or magistrate for authority to subpoena witness and documents, upon his/her own initiative, in a proceeding related to a recommended student expulsion or dangerous student determination. Upon the written request of any other party, the Superintendent shall apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on behalf of the other party in a proceeding related to a recommended student expulsion or dangerous student determination. If the authority to subpoena is granted, the Superintendent shall subpoena the witnesses, documents or both requested by the other party. If the authority to subpoena is granted, it shall be exercised in accordance with the provisions of WV Code 29A-5-1. The hearing may be postponed for: (1) good cause shown by the student; (2) when proceedings to compel a subpoenaed witness to appear must be instituted; or (3) when a delay in service of a subpoena hinders either party's ability to provide sufficient notice to appear to a witness. However, a student shall remain under suspension until after the hearing in any case where a postponement occurs. At the conclusion of the hearing the Board shall either:
order the student reinstated immediately or at the end of his/her initial suspension;
suspend the student for a further designated number of days; or
expel the student from the public schools of the County.
The Superintendent shall notify the student, parent(s), or guardian(s), by certified mail, return receipt requested, of the disposition of the hearing.
The expulsion imposed upon a student shall be recorded in the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) by the principal within twenty-four hours of the imposition of the expulsion. Each record of an expulsion shall include the student's name and identification number, the reason for the suspension or expulsion and the beginning and ending dates of the expulsion.
Students Subject to Emergency Removal - If the principal believes that the continued presence of the student in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, even before the informal hearing is held, such student shall be suspended immediately and a hearing held as soon as practicable after the suspension.
Students Subject to Suspension from Bus Riding/Transportation Privileges - A bus driver may exclude from a bus any student who: is guilty of disorderly conduct; interferes with an orderly education process; threatens, abuses, intimidates or attempts to intimidate a school employee or student; willfully disobeys a school employee; or uses profane or abusive language toward a school employee. Once a student is excluded from the bus, the student must be referred to the appropriate administrator who will take disciplinary action, notify the parent/guardian in writing of the disciplinary action taken, and provide a copy to the bus driver before the student is readmitted to the bus.

The Superintendent shall ensure that all members of the staff use the above procedures when dealing with students. In addition, this statement of due process rights is to be placed in all student handbooks in a manner that will facilitate understanding by students and their parents.

These procedures shall not apply to in-school disciplinary alternatives including in-school suspensions. An in-school suspension is one served entirely within a school setting. Nor shall these disciplinary alternative procedures apply to students who are prohibited by authorized school personnel from all or part of their participation in co-curricular, interscholastic, and/or noninterscholastic extra-curricular activities.

The application of this policy shall comply with the requirements of the Individuals with Disabilities Education Act.

Search and Seizure

The Board recognizes that the privacy of students as to their person and their belongings may not be violated by unreasonable search and seizure and directs that no student be searched in an unreasonable manner or without reasonable suspicion.

The Board acknowledges the need for in-school storage of student possessions and shall provide storage places, including desks and lockers, for that purpose. Such spaces remain the property of the Board and, in accordance with law, may be the subject of random search. Where locks are provided for such places, students may lock them against incursion by other students, but in no such places shall students have such an expectation of privacy as to prevent examination by a school official.

School authorities are charged with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, school authorities may search the person or property, including vehicles located on school property, of a student, with or without the student's consent, whenever they reasonably suspect that the search is required to discover evidence of a violation of law or of school rules. The extent of the search will be governed by the seriousness of the alleged infraction and the student's age.

This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the Board.

Search of a student's person or intimate personal belongings shall be conducted by a person of the student's gender, in the presence of another staff member of the same gender, and only in exceptional circumstances when the health or safety of the student or of others is immediately threatened.

Administrators are authorized to arrange for the use of a breath-test instrument for the purpose of determining if a student has consumed an alcoholic beverage. It is not necessary for the test to accurately determine blood-alcohol level, since the Board has established a zero tolerance for alcohol use.

The Board also authorizes the use of canines, trained in detecting the presence of drugs or devices, when the principal has reasonable suspicion that illegal drugs or devices may be present in a school. This means of detection shall be used only to determine the presence of drugs in locker areas and other places on school property where such substances could be concealed. Canine detection must be conducted in collaboration with law enforcement authorities or with organizations certified in canine detection and is not to be used to search individual students unless a warrant has been obtained prior to the search.

Except as provided below, a request for the search of a student or a student's possessions will be directed to the principal who shall seek the freely offered consent of the student to the inspection. Whenever possible, a search will be conducted by the principal in the presence of the student and a staff member other than the principal. A search prompted by the reasonable belief that health and safety are immediately threatened will be conducted with as much speed and dispatch as may be required to protect persons and property.

The principal shall be responsible for the prompt recording in writing of each student search, including the reasons for the search; information received that established the need for the search and the name of informant, if any; the persons present when the search was conducted; any substances or objects found; and the disposition made of them. The principal shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student.

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