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BookPolicy Manual Section5000 Students TitleSTUDENT DISCIPLINE Codepo5600 StatusActive AdoptedAugust 1, 2007 Last RevisedOctober 5, 2020
5600 - STUDENT DISCIPLINE
The Board of Education recognizes the need for students, teachers, administrators, and other school personnel to have a safe and supportive educational environment that is conducive to teaching and learning. The Board believes schools should undertake proactive, preventive approaches to ensure a positive school climate and culture that fosters learning and personal-social development.
This policy sets forth unacceptable behaviors that undermine a school’s efforts to create and maintain a positive school climate and culture. These unacceptable behaviors are prohibited on all school property and school-sponsored events, including extracurricular activities.
All school employees are responsible for providing a safe and supportive school climate and culture. When incidents of inappropriate behavior are witnessed by or reported to school staff and substantiated, the behavior shall be addressed consistently in accordance with the Interventions and Consequences outlined in this policy and with the school implementation plan.
The expectations in this policy apply during any education-sponsored event, whether in a classroom, elsewhere on school premises, on a school bus or other vehicle used for a school-related event, or at a school-sponsored activity or event, whether or not it is held on school premises, in a building or other property used or operated by the Board, West Virginia Department of Education (WVDE), West Virginia Board of Education (WVBE) or in another facility or upon any other property being used by any of these agencies. Students' off-campus conduct that would reasonably be expected to cause disruption in the school may be prohibited or disciplined. This includes, but is not limited to, 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, 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.
For definitions of behaviors see Board Policy 5500 - Student Code of Conduct.
Behaviors/Interventions and Consequences
The definitions for common inappropriate student behaviors are located in Policy 5500 and in West Virginia Board of Education policy 4373. The disciplinary levels for inappropriate student behaviors are defined in four (4) levels as specified in West Virginia Board of Education policy 4373.
Inappropriate behavior should be addressed with meaningful interventions and consequences that strive to improve future behavior. School administrators and staff are encouraged to exhaust all available school and community resources to provide appropriate school-based interventions designed to keep students in school and engaged in instruction. It is not a requirement schools offer every intervention and consequence listed in this policy.
Out-of-school suspension strategies should be used sparingly and shall never deny student students access to instructional material and information necessary to maintain their academic progress. Out-of-school suspension is not a recommended option optional consequence or intervention for Level 1 and 2 behaviors; however, the determination of interventions and consequences is at the discretion of the school administrator with input considered from teachers and service personnel. WV Code requires that the principal shall suspend a student who commits a behavior classified as Level 4 in this policy. It is critical that Level 3 and 4 behaviors are to be referred directly to the appropriate administrator because of the serious and/or unlawful nature of the misconduct.
In determining the appropriate intervention and/or consequence in response to a Level 1 or 2 behavior, the principal, Superintendent, and/or the District should consider:
the surrounding circumstances;
the nature of the behavior;
past incidents or continuing patterns of behavior; and
the relationships between the parties involved and the context in which the alleged incidents occurred.
Any student suspended or expelled from school is also suspended from extra-curricular 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 Individuals with Disabilities in Education Act (IDEA), West Virginia Board of Education policy 2419 and/or Section 504 of the Rehabilitation Act, and Board Policy 5605 – Discipline for Special Education Students.
LEVEL 1: Minimally Disruptive Behaviors – disrupt the educational process and the orderly operations of the school but do not pose direct danger to self or others
Behaviors
The following list of behaviors may result in any or all of the interventions and consequences listed in item B.
Cheating
Deceit
Disruptive/Disrespectful Conduct
Failure to Serve Detention
Falsifying Identity
Inappropriate Appearance
Inappropriate Display of Affection
Inappropriate Language
Possession of Inappropriate Personal Property
Skipping Class
Tardiness
Vehicle Parking Violation
Interventions and Consequences
Any or all of the items listed below may be used for any of the listed behaviors listed in item A.
Administrator/Student conference or reprimand.
Administrator and teacher-parent/guardian conference.
Academic sanctions may be used to deny credit for work resulting from cheating; however, previously earned grades/credits may not be reduced.
Counseling referrals and conference to support staff or agencies.
Daily/Weekly progress reports.
Behavioral contracts.
Change in the student's class schedule.
School service assignment.
Confiscation of inappropriate item.
Revocation of privileges.
Restitution/Restoration.
Detention (lunch, before, and/or after school).
Denial of participation in class and/or school activities.
Immediate exclusion by teacher from the classroom with a recommended duration of one (1) period/subject of the school day for the first exclusion (WV Code 18A-5-1). (see Board Policy 5610)
Voluntary weekend detention (Superintendent's Interpretation of May 12, 2006).
In-school suspension.
WV Code 18A-5-1(d) prohibits the use of suspension solely for not attending class.
While out-of-school suspension is not recommended for Level 1 Inappropriate Behavior, if used at the discretion of the school administrator, it should be limited to a maximum of three (3) days.
Law enforcement notification if warranted. Absent a real and immediate threat to school or public safety, incidents involving public order offenses shall be considered school discipline issues to be handled by school officials rather than criminal law issues warranting formal law enforcement intervention.
LEVEL 2: Disruptive and Potentially Harmful Behaviors – disrupt the educational process and/or pose potential harm or danger to self and/or others. The behavior is committed willfully but not in a manner that is intended maliciously to cause harm or danger to self and/or others.
Behaviors
The following list of behaviors may result in any or all of the interventions and consequences listed in item B.
Gang Related Activity
Habitual Violation of School Rules or Policies
Insubordination
Leaving School Without Permission
Physical Fight Without Injury
Possession of Imitation Weapon
Possession of Knife Not Meeting Dangerous Weapon Definition (WV Code 61-7-2)
Profane Language/Obscene Gesture/Indecent Act Toward an Employee or a Student
Technology Misuse
Interventions and Consequences
Any or all of the items listed below may be used for any of the listed behaviors listed in item A.
Administrator/Student conference or reprimand.
Administrator and teacher-parent/guardian conference.
Referral to support staff or agencies for counseling or other therapeutic services.
Daily/Weekly progress reports.
Behavioral contracts.
Change in the student's class schedule.
School service assignment.
Confiscation of inappropriate item.
Revocation of privileges.
Restitution/Restoration.
Before and/or after-school detention.
Denial of participation in class and/or school activities.
Immediate exclusion by teacher from the classroom with a recommended duration of one (1) period/subject of the school day for the first exclusion (WV Code 18A-5-1). (see Board Policy 5610)
Voluntary weekend detention (Superintendent's Interpretation of May 12, 2006).
In-school suspension.
Out-of-school suspension with a recommended maximum of five (5) days (see Board Policy 5610).
WV Code 18A-5-1(d) prohibits the use of suspension solely for not attending class.
The principal and/or Superintendent may recommend placement in an alternative education program.
Expulsion.
Law enforcement notification if warranted. Absent a real and immediate threat to school or public safety, incidents involving public order offenses shall be considered school discipline issues to be handled by school officials rather than criminal law issues warranting formal law enforcement intervention.
LEVEL 3: Severely Disruptive, Imminently Dangerous, Illegal and/or Aggressive Behaviors – are willfully committed and are known to be illegal and/or harmful to people and/or property. The principal shall address these inappropriate behaviors in accordance with WV Code 18A-5-1a(c).
Battery Against a Student
Defacing School Property/Vandalism
False Fire Alarm
Fraud/Forgery
Gambling
Hazing
Improper or Negligent Operation of a Motor Vehicle
Larceny
Sexual Misconduct
Threats of Injury/Assault Against an Employee or a Student
Trespassing
Intervention and Consequences
Level 3 behaviors are criminal offenses and therefore warrant formal law enforcement intervention that may result in issuance of a criminal citation, ticket, or summons, filing a delinquency petition, referral to a probation officer, or actual arrest.
In collaboration with law enforcement, the school shall also implement intervention strategies and meaningful consequences that promote and support appropriate behavioral changes. These strategies include but are not limited to:
Administrator/Student conference or reprimand.
Administrator and teacher-parent/guardian conference.
Referral to support staff or agencies for counseling or other therapeutic services.
Notification of appropriate Health and Human Resources.
Daily/Weekly progress reports.
Behavioral contracts.
Change in the student’s class schedule.
School service assignment.
Confiscation of inappropriate item(s).
Revocation of privileges.
Restitution/Restoration.
Before and/or after-school detention.
Denial of participation in class and/or school activities.
Immediate exclusion by teacher from the classroom with a recommended duration of one (1) period/subject of the school day for the first exclusion (WV Code 18A-5-1).
Voluntary weekend detention (Superintendent's Interpretation of May 12, 2006).
In-school suspension.
Out-of-school suspension for up to ten (10) days.
The principal and/or Superintendent may recommend placement in an alternative education program.
Expulsion.
Harassment/Bullying/Intimidation
Intervention and Consequences
Upon receipt of a complaint of racial, sexual and/or religious/ethnic harassment, or violence that has been substantiated through investigation, the appropriate school official shall take action appropriate to the status of the offender (student, staff, or public guest). Such action for students may include all options listed above. Actions for staff may include but not be limited to, warning, suspension, termination, revocation of licensure, and/or notification of law enforcement and/or human services. Actions for public guests may include but not be limited to removal from school property and school-sponsored functions, and/or notification of law enforcement and/or human services.
Imitation Drugs: Possession, Use, Distribution, or Sale; Inhalant Abuse; Possession/Use of Substance Containing Tobacco and/or Nicotine
Intervention and Consequences
The selection of appropriate interventions and consequences for substance abuse must be considered very carefully depending upon the severity of the behavior and potential safety concern for others in the school. The first action must be to conference with the parent/guardian and appropriate law enforcement representatives in an effort to direct the student to appropriate addiction services. Referral to tobacco cessation services/treatment and substance abuse treatment services shall be a priority intervention strategy for these behaviors.
LEVEL 4: Safe Schools Act Behaviors - are consistent with those addressed in WV Code 18A-5-1a(a) and (b). The following Level 4 behavior definitions are aligned with WV Code 61-6-17, 61-6-24, and 18A-5-1, and in the Gun-Free Schools Act of 1993. These laws require that the principal, Superintendent, and District address Level 4 behaviors in a specific manner as outlined in WV Code 18A-5-1a.
Battery Against a School Employee
Interventions and Consequences
If a student has been suspended for battery on a school employee pursuant to WV Code 18A-5-1a, the principal or designee shall, within twenty-four (24) hours, request that the Superintendent recommend to the Board that the student be expelled. Upon such request of the Superintendent by a principal or designee, the Superintendent shall recommend to the Board that the student be expelled. Upon such recommendation to the Board by the Superintendent, the Board shall conduct a hearing in accordance with WV Code 18A-5-1a subsections (e), (f), and (g), to determine if the student committed the alleged violation. If the Board finds that the student did commit the alleged violation, the Board shall expel the student.
Felony
Interventions and Consequences
Pursuant to WV Code 18A-5-1a(b), if a student has been suspended for committing an act or engaging in conduct that would constitute a felony under the laws of this State if committed by an adult on the premises of an educational facility, at a school-sponsored function, or on a school bus, the principal or designee may request that the Superintendent recommend to the Board that the student be expelled. Upon such recommendation by the Superintendent, the Board may hold a hearing in accordance with WV Code 18A‑5‑1a subsections (e), (f), and (g) to determine if the student committed the alleged violation. If the Board finds that the student did commit the alleged violation, the Board may expel the student.
Possession and/or Use of Dangerous Weapon
Interventions and Consequences
If a student has been suspended for possession of a firearm or deadly weapon pursuant to WV Code 18A-5-1a, the principal or designee shall, within twenty-four (24) hours, request that the Superintendent recommend to the Board that the student be expelled. Upon such request of the Superintendent by a principal or designee, the Superintendent shall recommend to the Board that the student be expelled. Upon such recommendation to the Board by the Superintendent, the Board shall conduct a hearing in accordance with WV Code 18A-5-1a subsections (e), (f), (g) to determine if the student committed the alleged violation. If the Board finds that the student did commit the alleged violation, the Board shall expel the student.
Illegal Substance-Related Behaviors
Interventions and Consequences
A student will not unlawfully possess, use, be under the influence of, distribute, or sell any substance containing alcohol and over‑the-counter drugs. Pursuant to West Virginia Board of Education policy 4373, illegal substance-related behaviors include violations of West Virginia Board of Education policy 2422.7 - Standards for Basic and Specialized Health Care Procedures and instances of prescription drug abuse.
Alcohol
A principal may suspend a student from school or transportation to or from the school on any school bus, if the student, in the determination of the principal after an informal hearing, possessed alcohol in an educational facility, on school grounds, a school bus, or at any school-sponsored function pursuant to WV Code 18A-5-1a(c). If a student has been suspended pursuant to WV Code 18A‑5‑1a(c), the principal may request that the Superintendent recommend to the Board that the student be expelled. Upon such recommendation by the Superintendent, the Board may hold a hearing in accordance with WV Code 18A-5-1a subsections (e), (f), and (g) to determine if the student committed the alleged violation. If the Board finds that the student did commit the alleged violation, the Board may expel the student.
Possession of a Controlled Substance
Pursuant to WV Code 18A-5-1a(b), if a student has been suspended for unlawfully possessing a controlled substance governed by the Uniform Controlled Substances Act as described in WV Code 60A-1-101 et seq., the principal or designee may request that the Superintendent recommend to the Board that the student be expelled.
Sale or Distribution of a Narcotic Drug
If a student has been suspended for the sale or distribution of a narcotic drug pursuant to WV Code 18A-5-1a, the principal or designee shall, within twenty-four (24) hours, request that the Superintendent recommend to the Board that the student be expelled. Upon such request of the Superintendent by a principal or designee, the Superintendent shall recommend to the Board that the student be expelled. Upon such recommendation to the Board by the Superintendent, the Board shall conduct a hearing in accordance with WV Code 18A-5-1a subsections (e), (f), and (g) to determine if the student committed the alleged violation. If the Board finds that the student did commit the alleged violation, the Board shall expel the student.
Nothing in this policy may be construed to be in conflict with the Federal provisions of the IDEA (Public Law 105- 17), or with WV Code 126CSR16, West Virginia State Board of Education policy 2419, Regulations for the Education of Exceptional Students.
Procedures for Reporting Complaints of Inappropriate Behavior
All school employees are responsible for assuring a safe and supportive school climate and culture. When incidents of inappropriate behavior are witnessed or known by school staff, the behavior shall be addressed consistently in accordance with West Virginia Board of Education policy 4373 and this policy.
Students shall report any observed violation of Policy 5500, Student Code of Conduct, to a school employee.
All violations of the Student Code of Conduct observed by school employees or reported to them by students or others shall be reported to the principal or designee. Appropriate action shall be taken as specified in this policy by the principal or designee.
All inappropriate behaviors observed by public guests must be reported to appropriate personnel.
Any person who believes s/he has been the victim of a Student Code of Conduct violation or any person with knowledge or belief of conduct which may constitute a violation of the Student Code of Conduct shall report the alleged acts immediately to a teacher, bus operator or principal or designee as appropriate. This policy does 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.
Any student who falsely reports violations of this policy will be subject to disciplinary action.
Any administrator or other school personnel who falsely reports violations of this policy will be subject to disciplinary action, up to and including dismissal.
Procedures for Investigating Allegations of Inappropriate Behavior
The District designee shall immediately undertake or authorize an investigation upon receipt of a report or complaint. The investigation may be conducted by school/District officials, or by a third party designated by the District, in accordance with this policy and procedures.
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 within 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 pursuant to a level 3 or level 4 violation, a reasonable effort shall be made to contact the student's parent, or guardian and invite them to be present during such interview, provided such parental notification does not compromise overall school/student safety. Parental/guardian 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, take immediate and reasonable steps to protect the complainant, students, teachers, administrators or other personnel pending completion of an investigation and assure the investigation shall be completed as soon as practicable but no later than ten (10) school days following the reported violation.
The investigator shall make a report to the principal upon completion of the investigation. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.
The result 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.
Upon completion of the investigation, the principal shall determine whether the alleged conduct constitutes a violation of this policy, West Virginia State Board of Education policy 4373 or WV Code 18A-5-1a.
In determining the appropriate response and/or punishment for a level 1 offense, level 2 offense, level 3 offense or an alcohol or over-the-counter violation pursuant to level 4, the principal, Superintendent or Board 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. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
Confidentiality of the filing of complaints, the identity of subjects and witnesses 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 shall be provided information. Violations of confidentiality may itself be grounds for disciplinary action.
District Board of Education Action and Reporting
Schools shall 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.
Upon receipt of a report substantiated by staff observation or by the investigation, the principal, Superintendent or Board will take appropriate action against those found to have violated the Student Code of Conduct. (see Policy 5500 - Student Code of Conduct)
In addition to registering informational incidents of inappropriate behavior at the classroom level on the West Virginia Education Information System (WVEIS), these reports, including the action taken against the violators of the Student Code of Conduct, shall be filed in:
The principal or Superintendent shall also initiate such other action as is appropriate to ease tensions and to affirm the values of respect and understanding, in accordance with the Student Code of Conduct. (see Policy 5500 - Student Code of Conduct)
The principal and/or other authorized staff shall promptly enter all teacher level documentation as well as an additional entry for administrative disciplinary actions into WVEIS. The teacher level documentation shall include inappropriate behavior leading to interventions, consequences and/or referrals to the principal. The Superintendent and/or other authorized staff shall promptly enter the data of the Board’s action resulting from expulsion hearings WVEIS.
Reprisal
Any student 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 shall be in violation of the Student Code of Conduct. An employee who retaliates against any person named above will be subject to disciplinary action up to and including dismissal. Reprisal includes, but is not limited to, any form of intimidation, retaliation or harassment.
Right to Alternative Complaint Procedures
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.
Appeals Procedures
If someone believes the Board has violated the procedural rights set forth in this policy, the person may follow the appeal procedures outlined in West Virginia Board of Education policy 7211 - Appeals Procedures for Citizens Conflict Resolution Process for Citizens. The procedures set forth in West Virginia Board of Education policy 7211 are not deemed to be a precondition to seeking relief in some other forum.
District Policy Dissemination and Training
The Board shall develop and implement an ongoing awareness campaign to provide that all students, staff, and parents/guardians understand this policy and West Virginia Board of Education policy 4373.
The Board shall require that all schools provide appropriate policy training.
This policy shall be made readily available to the public in written or electronic format.
The school bus operator shall display the major concepts of West Virginia Board of Education policy 4373 as per West Virginia Board of Education policy 4336 in his/her school bus.
County Implementation Plan
The Board shall address within the Student Support Goal of their strategic plan 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 positive school climate/culture.
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 District's formal and informal partnership agreements.
District Evaluation of Effectiveness
The District shall review this policy in compliance with Federal and law and West Virginia Board of Education policy 4373 and other applicable West Virginia Board of Education policies.
To assess the effectiveness of this policy annually with a review of the following data will be conducted:
summary data for incidents of inappropriate behavior and intervention responses to incidents;
require LSIC reports;
trend analysis from school climate/culture survey tools (as available);
impact data related to school climate/culture improvement strategies within District and school strategic plans; and
impact data from training and staff development offered by the District, and/or WVDE.
School Policy Dissemination and Training
To ensure understanding of this policy 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 District 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.
School Implementation Plan
Plans for the implementation of West Virginia Board of Education policy 4373 and this policy 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 District'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 West Virginia Board of Education 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;
implement 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.
School 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 (WV 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 District, and/or WVDE.
Revised 12/3/07
Revised 8/26/08
Revised 4/21/09
Revised 6/18/12
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