Expected Behavior in Safe and Supportive Schools
FILE: JCDA
CLAY COUNTY SCHOOLS
Expected Behavior in Safe and Supportive Schools Policy
1. General.
1.1. Scope. -- This policy sets the requirements for the development of safe and supportive schools as defined by WVDE Policy 4373. This policy establishes disciplinary guidelines for student conduct in order to assure the orderly, safe, drug-free, violence- and harassment-free learning environment.
1.2. Authority. – As defined in WVDE Policy
1.3. Filing Date. – June 26, 2012
1.4. Effective Date. – July 1, 2012
2. Purpose.
2.1. The purpose of this policy is to provide a safe and supportive educational environment as defined in WVDE Policy 4373.
2.2. This policy also sets forth unacceptable behaviors that are prohibited on all school property and at school sponsored events as defined in WVDE Policy 4373.
3. Incorporation by Reference.
3.1. The West Virginia Procedures Manual for Expected Behavior in Safe and Supportive Schools is attached and incorporated by reference into this policy. Copies may be obtained in the Office of the Secretary of State and from the West Virginia Department of Education (WVDE).
4. Application.
4.1. The expectations outlined in these regulations apply in public schools in West Virginia 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 a county board of education, Regional Education Service Agency (RESA), WVDE, West Virginia Board of Education or in another facility or upon any other property being used by any of these agencies. These expectations apply to students, staff and public guests respectively as noted within the policy. The consequences of violating these expectations are as follows: These expectations apply to students, staff and public guests respectively as noted within the policy. The consequences of violating these expectations are as follows:
4.1.a. Students will be subject to the interventions and consequences outlined in Chapter 4 of the accompanying West Virginia Manual for Expected Behavior in Safe and Supportive Schools.
4.1.b. School staff will be subject to disciplinary and/or licensure action in accordance with West Virginia Code §§18A-2-8, 18A-3-2a, 18A-3-3 and 18A-3-6.
4.1.c. Public guests in public schools will be subject to removal from school property/events and appropriate notification of local authorities as warranted.
4.1.d. This policy does not supercede any rights granted to special education students by federal or state law or other West Virginia Board of Education policy.
5. Severability.
5.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.
6. Summary of Behavior Expectations for all students in Clay County Schools:
6.1 All students enrolled in Clay County Schools shall behave in a manner that promotes a school environment that is nurturing, orderly, safe and conductive to learning and personal-social development.
6.2 Students will help create an atmosphere free from bullying, intimidation and harassment.
6.3 Students will demonstrate honesty and trustworthiness.
6.4 Students will treat others with respect, deal peacefully with anger, use good manners and be considerate of the feelings of others.
6.5 Students will demonstrate responsibility, use self-control and be self-disciplined.
6.6 Students will demonstrate fairness, play by the rules, and will not take advantage of others.
6.7 Students will demonstrate compassion and caring.
6.8 Students will demonstrate good citizenship by obeying laws and rules, respecting authority, and by cooperating with others.
7. Expected Student Dispositions
Dispositions are the values, commitments and ethics that influence one’s behaviors toward others and affect learning, motivation and development. Dispositions are affected by beliefs and attitudes related to values such as caring, fairness, honesty, and responsibility. In the development of expected student dispositions, schools shall support and promote social and emotional learning in all settings through which student acquire the knowledge, attitudes and skills they need to recognize and manage their emotions, demonstrate caring and concern for others, establish positive relationships, make responsible decisions and handle challenging situations constructively. These are further defined in WVDE Policy 4373 and shall be supported and promoted through programs such as guidance and counseling, social studies standards, wellness, health and physical education, technology learning, early learning standards, and advisor/advisee programs.
The following social and emotional learning standards, objectives and example behaviors shall be the guide for the Clay County Board of Education. The example behavior categories are defined as follows:
1. Individual behaviors – are observable actions that students can demonstrate independently without interaction.
2. Initiative interaction – are observable actions that require students to purposefully start social engagement.
3. Responsive interaction – are observable actions that require students to engage in reaction to social encounters.
4. Work skills interactions – are observable actions that require students to demonstrate social skills and dispositions that are expected in the workplace.
The standards and objectives progress through the grade levels in a spiraling nature. Once the objectives from one level are mastered, students are expected to maintain them at higher grade levels as they continually demonstrate that they have integrated the valued dispositions into their personal values and actions.
Standard 1: Self-awareness and Self-management
The self-awareness and self-management standard promotes the development of self- esteem and identification of emotions leading to student self-efficacy to express themselves in constructive ways. These skills enable students to control impulses, manage stress and motivate themselves to establish, monitor and achieve academic and personal goals.
Standard 2: Social-awareness and Interpersonal Skills
Social-awareness involves recognition of the thoughts, feelings and perspectives of others, including those that are different from one’s own. Interpersonal skills involve cooperating, communicating respectfully and constructively resolving conflicts with others. Both are essential for building and maintaining positive relationships that are essential to success in school and life.
Standard 3: Decision-making Skills and Responsible Behaviors
Decision-making requires an ability to accurately assess a variety of situations, define and evaluate choices, anticipate consequences of each, generate alternative choices and select a responsible choice. Responsible behaviors are those that promote safety, avoid risk, deal honestly and fairly with others and contribute in a positive way to one’s classroom, school, family and community.
Chapter 3
8. POLICY IMPLEMENTATION
8.1 Conceptual Framework
In order to convey a pervasive and consistent message that the valued dispositions are a priority, all students, staff and public guests of West Virginia public schools shall behave in a manner that promotes a school climate/culture that is safe and supportive and conducive to developing our valued dispositions. Conduct expectations apply to all students, staff and public guests on school property, school owned/leased buses and vehicles, school bus stops and school sponsored events.
In addition, support for a positive school climate/culture shall be provided through policies and practices that include: Acceptable Use of the Internet, performance evaluation of school personnel, employee code of conduct, and instructional standards.
8.2 Responsibility for Implementation
It shall be the responsibility of the Clay County Board of Education Board to adhere to all applicable federal and state laws sited within WVDE Policy 4373 this policy in the enforcement of this policy. The county superintendent and his/her designee shall have responsibility for implementation at the district level and the school principals shall have responsibility for implementation at the school level.
8.3 Assurances
It shall be the responsibility of school administration to implement provisions of this policy with specific regard to education, communication and enforcement provisions;
This policy outlines clear procedures for identification, intervention and referral of students with behavioral and substance abuse issues;
Any of the following intervention strategies and disciplinary actions may be used as appropriate in response to a violation: Administrator/student conference or reprimand; Administrator and teacher-parent/guardian conference; Referrals and conference to support staff or agencies; Referral to a tobacco cessation program; Daily/weekly progress reports; Behavioral contracts; Change in the student's class schedule; School service assignment; Confiscation of inappropriate item; Restitution and/or restoration; Before and/or after-school detention; Denial of participation in class and/or school activities; Immediate exclusion by teacher from one class period of the school day; Weekend detention; In-school suspension; Out-of-school suspension for up to three days; Law enforcement notification
The Clay County Board of Education does not permit any school or board of education property or school or county publication to be used for the advertisement of any tobacco or alcohol product. In accordance with WVBE Policy 4321.1 - Standards for School Nutrition, the Clay County Board of Education seeks to minimize marketing other foods and beverages in the high school setting by locating their distribution in low student traffic areas and by ensuring that the exterior of vending machines does not depict commercial logos of products or suggest that the consumption of vended items conveys a health or social benefit.
The Clay County Board of Education requires that groups using school facilities shall sign agreements with the county board of education agreeing to comply with the environmental safeguards set forth in this policy.
The Clay County Board of Education requires that, from time to time, 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.
8.4 Partnership Development:
The Clay County Board of Education seeks to encourage county agency and organization partnerships with the purpose of providing the county’s schools with additional supports and resources to shape behaviors in safe and supportive schools. These partnerships may be both formal and informal.
At the county board of education level, formal partnerships with community service agencies (i.e. law enforcement, behavioral healthcare providers) will be essential to successful implementation of this policy. Specific attention should be given to the development of formal agreements and protocols that ensure coordination between agencies and high quality service delivery to students and their families. At the county board of education level, memoranda of understanding and/or contracts will be utilized as necessary whenever partner organization representatives interact with students on school property, during the school day or on behalf of the school system. These formal agreements should clearly articulate the types of student interaction that may occur, the roles and responsibilities of all parties involved, procedural operations and resource sharing (i.e. funding, space, staff, data).
At the county board of education level, informal partnerships may be short or long-term commitments that may or may not require written agreements. These partnerships usually involve collaborative groups that form around common mission and goals (i.e., anti-drug coalitions, tobacco control coalitions) to coordinate events, initiatives, resource development/dissemination, service delivery, local partnership development and/or professional development. They do not require formal agency agreements.
8.5 Policy Dissemination and Training:
To ensure understanding of the county policy for Expected Behaviors in Safe and Supportive Schools, the Clay County Board of Education shall implement an ongoing awareness campaign for all students, staff and parents/guardians.
· The county board of education shall ensure that all schools provide appropriate policy training.
· To ensure understanding of the Student Code of Conduct Expected Behavior in Safe and Supportive Schools Policy, the Clay County Board of Education has implemented an education program for each grade level, as well as a program for all faculty and staff. The programs, at a minimum, will raise awareness of the different types of violations, how they are manifested, their devastating emotional and educational consequences, and their potential legal consequences. In addition, multi-cultural education programs have been developed and implemented for faculty, staff and students to foster an attitude of understanding and acceptance of all individuals. Multi-cultural education is to be integrated into the curriculum. Schools are required to have a character education program in place.
· This educational program will be reviewed annually for all staff members during the pre-service activities of each school year.
· Every student at every grade level will have an annual review of the Student Code of Conduct Expected Behavior in Safe and Supportive Schools Policy during the first two weeks of school. Each student will receive this review at the school level and at the individual classroom level.
· All sixth - twelfth grade students and their parents will review the Student Code of Conduct Expected Behavior in Safe and Supportive Schools Policy and sign a contract to indicate the student/parent agrees to abide by the stipulations of the policy and consequences associated with violations.
· The Clay County Board of Education shall review this policy at least bi-annually for compliance with federal and state law and WVBE policy.
· This Clay County Board of Education policy shall be made readily available to the public in written or electronic format.
8.6 Implementation Plan:
The Clay County Board of Education shall address within the Student Support Goal of their strategic plan with 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 a positive school climate/culture; and
· 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 county’s formal and informal partnership agreements.
8.7 Evaluation of Effectiveness: The county board of education shall annually review data related to this policy that shall include:
· summary data for incidents of inappropriate behavior and intervention responses to incidents;
· required LSIC reports;
· trend analysis from school climate/culture survey tools (as available);
· impact data related to school climate/culture improvement strategies within county and school strategic plans; and
· impact data from training and staff development offered by the county, RESA and/or WVDE.
8.8 West Virginia Code Requirements for Clay County Board of Education:
9. Responsibilities of Schools
9.1 Partnership Development:
In accordance with county board of education policies and protocols, schools will establish community agency and organization partnerships that serve to provide the school with a variety supports and resources to develop appropriate behaviors in safe and supportive schools. These partnerships may be both formal and informal as described under Section 2. Formal partnerships between community service agencies must be approved through the county board of education.
9.2 Policy Dissemination and Training:
To ensure understanding of the county policy for Expected Behaviors in Safe and Supportive Schools 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 county 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.
9.3 Implementation Plan:
Plans for the implementation of county policies for Expected Behaviors in Safe and Supportive Schools 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 county’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 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.
9.4 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 (West Virginia 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 county, RESA and/or WVDE.
9.5 West Virginia Code Requirements for Schools:
10. INAPPROPRIATE BEHAVIOR AND MEANINGFUL - INTERVENTIONS AND CONSEQUENCES
10.1 Addressing Inappropriate Behavior with Meaningful Interventions and Consequences
The purpose of these regulations is to provide schools with policy that creates and ensures an orderly and safe environment that is conducive to learning. This policy requires that all schools respond immediately and consistently to any behavior that disrupts the learning environment in a manner that effectively deters future incidents and affirms respect for individuals. Inappropriate behaviors include but are not limited to incidents of harassment, intimidation, bullying, substance abuse and/or violence. The intent is for students to learn and exhibit appropriate behavior. All interventions and consequences are in effect on all school property and at all school sanctioned events, including extracurricular activities. The Clay County Board of Education, with support from the WVDE and RESAs, will implement proactive, preventative, and responsive programs, outline investigatory and reporting procedures, and delineate meaningful interventions and consequences in response to inappropriate behavior.
This policy classifies inappropriate student behavior in four levels. Clay County Schools may reclassify Level 2 and 3 inappropriate behaviors depending on the severity or repetition of the behaviors and provided this reclassification assures that the treatment of the inappropriate behavior is consistent with West Virginia Code.
Clay County Schools will use appropriate and meaningful interventions and consequences that include, but are not limited to, examples provided in this policy. It is not a requirement that all schools offer every intervention and consequence listed in this policy. School administrators and staff are encouraged to exhaust all available school and community resources to provide appropriate school-based intervention strategies designed to keep students in school and engaged in instruction.
Out-of-school suspension strategies should be used sparingly and shall never deny a student access to instructional material and information necessary to maintain their academic progress. Out-of-school suspension is not a recommended consequence or intervention for Level 1 behaviors, however, the determination of interventions and consequences is at the discretion of the school administrator for levels 1, 2 and 3. West Virginia Code requires that the principal shall suspend a student who commits a behavior classified as Level 4 in this policy. 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 order to create consistency among all schools in the application of out-of-school suspension and expulsion as they relate to inter-scholastic extracurricular activities, any student suspended or expelled from school is also suspended from extracurricular 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 IDEA, WVBE Policy 2419 and or Section 504.
10.2 Inappropriate Behaviors: Codes, Definitions, and Interventions and Consequences
10.2. Inappropriate Behaviors: Codes, Definitions and Interventions and Consequences
10.3. Use of Physical Punishment Prohibited
West Virginia Code §18A-5-1(e) prohibits school employees from using corporal (bodily) punishment on any student. 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.
10.4 Use of Restraint
Reasonable force may 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, the following guidelines must be followed:
Definitions:
· Restraint - the use of physical force to significantly restrict the free movement of all or a portion of a student’s body.
· 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.
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.
· 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.
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 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;
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:
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 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.
10.5. Alternative Education for Disruptive Students
West Virginia Code §18-5-19 provides for the creation of Alternative Education programs to allow for the provision of a free and appropriate education to students whose disruptive behavior has caused them to be removed from the regular classroom/school setting. Nothing in this manual precludes county boards of education from operating alternative education programs for non-disruptive students. The guidelines in this manual apply solely to alternative education programs for disruptive students. The State Superintendent's approval of the county alternative education policies and procedures is required for authorization to operate an alternative education program under these regulations.
For the purposes of this manual, an alternative education program is a temporary authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions. The purposes of these programs are to: (1) provide a safe and orderly learning environment for the education of all students in the public schools of West Virginia and (2) meet the educational needs of disruptive students through the development of alternative education programs.
Alternative education programs for disruptive students encompass a range of program options such as:
· in-school suspension;
· a separate part-time or full-time alternative education classroom;
· a school-within a school;
· a school on an alternative site;
· an afterschool class/night school program; or
· a combination academic/work-based program.
County boards of education shall have broad flexibility in developing the type or types of alternative education program options needed to meet the needs of disruptive students in the county. County boards of education may request a waiver of State Board of Education policies and regulations in the development and operation of alternative education programs. Such a waiver request does not have to be submitted in accordance with the procedures for requesting waivers stipulated under West Virginia Code 18-5A-3, but may be submitted directly to the State Superintendent of Schools.
Program flexibility does not extend to modifying the provisions of Policy 2419 - Regulations for the Education of Exceptional Students in providing alternative education programs for students with exceptionalities or Section 504 of the Rehabilitation Act of 1973.
Program Requirements: County boards of education establishing alternative education programs shall meet the following requirements:
· Policies and Procedures - County boards of education shall adopt policies and procedures for the operation of alternative education programs. Policies and procedures shall include, but are not limited to:
1. the goals of the program;
2. the eligibility criteria and process for placement of students in the program including the composition of the Alternative Education Placement Team which may be an existing school team such as the Student Assistance Team;
3. the involvement of parents and community agencies;
4. length and time of day the after-hours/night school program operates, if applicable;
5. plan for awarding of credits;
6. behavioral management plan as an alternative to the county's discipline policy, if applicable;
7. the staffing plan, personnel qualifications and class size limits;
8. the criteria for completion of the alternative education program or reentry into regular education; and
9. the performance measures and process for program evaluation.
· Eligibility for Placement in Alternative Education Programs - Students may be placed in alternative education programs for:
1. violations of the West Virginia Code §18A-5-1a;
2. repeated violations of the county's discipline policy following documented multiple behavioral interventions by the Student Assistance Team at the referring school; and
3. continuation of educational services during periods of suspension.
· Students who have been expelled must be placed in an alternative education program unless found to be a dangerous student under the procedures set forth in West Virginia Code §18A-5-1a.
· Students who have been suspended or expelled from a public or private school in West Virginia or another state, currently found within the county, may not be denied enrollment unless determined to be a “dangerous student” under the procedures set forth in West Virginia Code §18A-5-1a.
· Placement of Students in Alternative Education Programs - Placement decisions, excluding short-term in-school suspensions, shall be made by an Alternative Education Placement Team, which may be the Student Assistance Team, as defined in the county's policy and procedures. County school districts shall provide for the opportunity for parents to participate in the placement team meeting. The placement team shall develop a student's written plan which includes academic courses and behavioral components, criteria for re-entry to the regular school program and provisions for periodic review of the student's progress at least on an annual basis. The team for all students with disabilities shall be the IEP team and the written plan shall be the IEP.
· Curriculum - County boards of education shall have an identified written curriculum for alternative education programs based upon State Board of Education approved instructional goals and objectives. The curriculum shall also include a component for teaching and learning responsible behavior. In addition, the county shall provide for the participation of staff certified in the core subject areas in the development of the academic curriculum and the assessment measures to determine mastery of instructional goals and objectives.
· Instruction - County school districts shall deliver instruction in accordance with the following standards:
1. instructional activities shall be consistent with the written curriculum and appropriate for the students' developmental levels;
2. instructional materials shall be age appropriate, functionally appropriate, and of high interest level for students;
3. the program shall provide for individualized instruction and accommodate the entry and exit of students;
4. curricular and instructional practices shall reflect high expectations for students;
5. the instructional program shall be delivered in a climate/culture conducive to learning; and
6. sufficient instructional materials, supplies, and equipment shall be available to deliver the instructional program.
· State Assessment Program - Students enrolled in alternative education programs shall participate in the State Assessment Program, in accordance with WVBE Policy 2340 - West Virginia Measures of Academic Progress Program. The test scores for these students shall be counted in the results of the home county school of referral.
· Support Services - Students in alternative education programs shall receive school counseling services and/or other support services such as school social work or psychological services as indicated in the student's written plan.
· Special Education - County boards of education shall comply with applicable state and federal laws and regulations in the education of exceptional students placed in alternative education programs.
· Personnel Selection Criteria - It is the responsibility of the county board of education to select the most qualified applicant(s) to implement the alternative education program. Classroom teachers shall be selected on the basis of the teachers' demonstration of competence in meeting the following standards:
1. any West Virginia professional teaching certificate;
2. ability to effect positive behavior in disruptive students;
3. effective leadership and/or mentoring skills in working with youth;
4. successful experience in providing education to troubled or disruptive youth;
5. specialized training or experience in non-traditional programs; and
6. specialized training in behavior management skills
· Licensure - A teacher assigned to deliver the academic subjects within an alternative education program must possess a West Virginia professional teaching certificate in any area. A Temporary Authorization valid for one year shall be granted to the successful candidate(s) for the alternative education program position(s). The employing county superintendent must verify that the applicant possesses the required competencies. The Temporary Authorization may be renewed each year based on the applicant's continued employment in an alternative education program.
· Day-School Programs - Absent expulsion, a student attending an alternative education day school program shall have the opportunity to receive a full-time instructional program and full instructional day.
· After-Hours/Night School Classes - County boards of education are authorized to provide alternative education programs after regular school hours for expelled students and for students who have repeated serious violations of the county's discipline policy following documented multiple behavioral interventions and out-of-school suspensions. After-Hour/Night School programs shall include the provision of academic coursework and development of social skills/pro-social behavior. Unless otherwise required by law, regulation, or court order, transportation services for such programs are at the discretion of the county board of education.
· Home-Based Programs for Disruptive Students - County boards of education may provide home-based programs solely for students expelled under the Productive and Safe Schools Act (West Virginia Code §18A-5-1a) or for disruptive students who meet the eligibility criteria for Home/Hospital Instruction under WVBE Policy 2510 - Assuring the Quality of Education: Regulations for Education Programs.
· Units of Credit - County boards of education shall grant units of credit for work satisfactorily completed in an alternative education program. Units of credit based upon mastery of performance criteria may be granted as an alternative to the standard units of credit.
· Program Completion - Students may complete an alternative education program in one of the following manners:
1. fulfillment of the criteria for re-entry into the regular school program;
2. completion of regular high school graduation requirements and awarding of a regular high school diploma from the home county school of referral;
3. completion of identified performance criteria leading to a high school diploma; or
4. completion of a GED in accordance with WVBE Policy 2444.4 - Issuance of State of West Virginia General Educational Development (GED®) Diploma Based Upon Passage of the GED Tests.
Accountability for Results: County boards of education establishing alternative education programs shall conduct an annual evaluation of the effectiveness of the program (s). The evaluation of the effectiveness of alternative education programs shall focus upon the impact of the program on student performance and results using indicators such as: academic gains; reduction in dropout rates; reduction in incidences requiring disciplinary action; improvement in attendance rates; rates of successful program completion and return to the regular school program; rates of successful completion of vocational training programs; rates of successful completion of high school graduation or attainment of a GED; and rates of successful job placement and job retention.
The WVDE shall review compliance with alternative education requirements and the effectiveness of alternative education programs through monitoring and review of the electronic County Strategic Plan. The alternative education program shall be evaluated on the basis of its stated goals and the provisions of this policy.
10.6. Collaboration with Law Enforcement
Police have the responsibility to enforce laws in order to protect all citizens. Police can enter schools if they suspect a crime has been committed, if they have a warrant for an arrest or search, or if their assistance has been requested by school officials. It is the duty of the school officials, teachers, and students to cooperate with the police and each other to ensure that the rights of all involved persons are respected.
Prevention Resource Officers (PRO): PRO Officers are certified police officers, working as fulltime officers who have been assigned to work fulltime within a public school during the school year. The PRO Officer’s duties, salary and other conditions should be determined through an agreement with the county board of education and the PRO Officer’s authorized police department. The principal is the PRO Officer’s immediate supervisor while the officer is present in the school. There may be a time when, during the course a PRO Officer’s duties, the officer’s position as a law enforcement officer would take precedence.
Police Conducting an Investigation in the School: During a criminal investigation, if a student is to be questioned by the police, or by school officials in the presence of the police, the school administration should cooperate with the police and help to ensure that the privacy of the student is protected. The police officer is responsible to ensure that the student’s constitutional rights are not violated. The police officer is responsible for determining if the student’s parents or guardian, or lawyer should be contacted prior to questioning. West Virginia Code §49-5-2 specifies that statements made by a student under the age of fourteen, while being questioned by law enforcement officials, cannot be used in a court proceeding unless his or her lawyer is present; such statements made by students who are fourteen or fifteen years old cannot be used in a court proceeding unless their lawyer is present or a parent is present and the parent has been informed of the student’s rights. The police officer shall determine when the use of restraints is necessary during such questioning to control an unruly student to prevent the student from harming him/herself or others.
11.0 PROCEDURES FOR ADDRESSING ALLEGATIONSOF INAPPROPRIATE BEHAVIORS
11.1 Procedures for Reporting Complaints of Inappropriate Behavior
All school employees are responsible for assuring a safe and supportive school climate/culture. When incidents of inappropriate behavior are witnessed by school staff, the behavior shall be address consistently in accordance with the Interventions and Consequences outlined in Chapter 4 and with the school implementation plan. However, incidents of inappropriate behavior do not always occur in the presence of school employees and are reported to school authorities after the behavior has occurred.
All inappropriate behaviors observed by students or public guests must be reported to the appropriate personnel for appropriate action to be taken as specified in the county policy and school implementation plan. Each county policy and school implementation plan shall designate the individual(s) who will receive complaints about inappropriate behaviors indicated in Chapter 4.
County boards of education shall develop procedures to assure that any person who believes he or she has been the victim of an Inappropriate Behavior as outlined in Chapter 4 or any person with knowledge or belief of conduct which may constitute a violation of Policy 4373 has an identified mechanism to report the alleged acts immediately to the appropriate official(s) designated by the county policy and school implementation plan. Nothing in this policy shall prevent any person from reporting violations directly to the county superintendent, as appropriate, or to the West Virginia Human Rights Commission, or to a law enforcement agency. 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.
County Boards of Education shall develop appropriate procedures for investigating, reporting, responding, and devising consequences for the failure of an employee to appropriately respond to violations Policy 4373, in accordance with WVBE Policy 5310 - Performance Evaluation of School Personnel in a manner that promotes understanding and respect.
Complaint Procedure Considerations for Racial, Sexual, and Religious/Ethnic Harassment and Violence: County boards of education, RESAs, and the WVDE shall develop procedures to assure that any person who believes he or she has been the victim of religious/ethnic, racial or sexual harassment or violence by a student, teacher, administrator or other school personnel of the county board of education, or any person with knowledge or belief of conduct which may constitute religious/ethnic, racial or sexual harassment or violence toward a student, teacher, administrator or other school personnel has an identified mechanism to report the alleged acts immediately to an appropriate official designated by the agency's policy. Nothing in this policy shall prevent any person from reporting harassment or violence directly to the county superintendent, RESA executive director or the state superintendent, as appropriate, or to the West Virginia Human Rights Commission, or to a law enforcement agency.
· All alleged incidents of harassment or violence observed by faculty or staff must be reported to the designated investigator and appropriate action should be taken as specified in Section 2 of this Chapter.
· Under certain circumstances, sexual harassment may constitute child and/or sexual abuse under West Virginia Code §49-6-1 et seq. In such situations, the county board of education shall comply with the provisions of law for reporting such abuse.
11.2. Procedures for Investigating Allegations of Inappropriate Behavior
The individual(s) designated by the county policy and school implementation plan to investigate, shall upon receipt of a report or complaint immediately undertake or authorize an investigation. The investigation may be conducted by school/school system officials, or by a third party designated by the school system.
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 giving rise to 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 in connection with an investigation pursuant to a Level 3 or 4 inappropriate behavior, a reasonable effort shall be made to contact the student’s parent, custodian or guardian and invite them to be present during such interview, provided such parental notification does not compromise overall school/student safety. Parental notification is encouraged at Levels 2 and discretionary at Level 1.
The principal shall:
· Determine whether the alleged conduct constitutes a violation of this policy.
· Immediately take such reasonable steps as necessary, to protect the complainant, students, teachers, administrators or other personnel pending completion of an investigation of an alleged policy violation.
· Assure that the investigation will be completed as soon as practicable but no later than ten school days following the reported violation.
Upon completion of the investigation:
· A report shall be provided to the principal which includes a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.
· The report shall be recorded and filed at the county/school level as shall be determined in the county policy.
· The conclusion 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.
Confidentiality of the filing of complaints, the identity of subjects and witnesses of any complaint 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 of the complaint shall be given information about it. Therefore, the right of confidentiality of complainants, subjects, witnesses, and investigators will be vigorously protected and violations of such confidentiality may itself be grounds for disciplinary action.
Investigation Procedure Considerations for Racial, Sexual, and Religious/Ethnic Harassment and Violence: County boards of education, RESAs, and the WVDE shall develop procedures following the above guidelines to investigate complaints of religious/ethnic, racial or sexual harassment or violence by a student, teacher, administrator or other school personnel of the county board of education. For RESAs, the RESA Executive Director shall take the place of the Principal and for the WVDE, the State Superintendent shall take the place of the Principal.
11.3 Procedures to Prevent Reprisal
The county board of education shall develop discipline procedures to take appropriate action against any student or employee 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. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
Likewise, the county board of education shall develop a disciplinary process to take appropriate action against any student, administrator or other school personnel who falsely reports violations of this policy.
12 PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS
12.1 Interventions and Consequences of Inappropriate Behavior
It is the intent of the WVBE for schools to be pro-active and preventive in their approach to student behavior. It is also the Board’s intent that inappropriate behavior be addressed with meaningful interventions and consequences that strive to improve future behavior. Therefore, it is the Board’s belief that school administrators and staff shall exhaust all available school and community resources to provide appropriate school-based intervention strategies designed to keep students in school and engaged in instruction. Out-of-school suspension strategies should be used sparingly and shall never deny a student access to instructional material and information necessary to maintain academic progress. Out-of-school suspension is not a recommended optional consequence or intervention for Level 1 behaviors; however, the determination of interventions and consequences is at the discretion of the school administrator for levels 1, 2 and 3. West Virginia Code requires that the principal shall suspend a student who commits a behavior classified as Level 4 in this policy.
In determining the appropriate intervention and/or consequence in response to a substantiated Level I, II, or III inappropriate behavior, the principal, superintendent and/or local board of education 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.
12.2 Guidelines for Specific Responses to Inappropriate Behavior
Exclusion: According to West Virginia Code §18A-5-1, a teacher or bus driver may exclude from a classroom or bus any student who displays one or more of the inappropriate behaviors outlined in Chapter 4, Section 2, Levels 1, 2, 3 or 4. Any student excluded shall be placed under the control of the principal of the school or a designee. The excluded student may be admitted to the classroom or school bus only when the principal, or a designee, provides written certification to the teacher that the student may be readmitted and specifies the specific type of disciplinary action, if any, that was taken. If the principal finds that disciplinary action is warranted, he or she shall provide written and, if possible, telephonic notice of the action to the parent(s), guardian(s) or custodian(s). When a student is excluded from a classroom or 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 classroom or the school bus only after the principal, teacher 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 teacher 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 teacher's request, the principal may, to the extent feasible, transfer the student to another setting.
Bus drivers must follow the guidelines outlined in WVBE Policy 4336 – West Virginia School Bus Transportation Policy and Procedures Manual. When the bus driver excludes a student from the school bus, the driver shall notify the student and the student’s principal. The principal/designee shall notify the student’s parent/guardian. All students shall be transported until the parent/guardian has been properly notified of the exclusion. The principal/designee shall notify the parent/guardian when their child may resume riding the bus. If the inappropriate behavior persists, the student may have his/her rights to transportation services suspended for the remainder of the year, to the extent feasible.
Suspension: The purpose of suspension is to protect the student body, school personnel and property, the educational environment, and the orderly process of the school. Suspension is considered a temporary solution to inappropriate behavior until the problem that caused the suspension is corrected. The length of a suspension should be short, usually one (1) to three (3) school days, but may extend to ten (10) school days.
Suspension typically takes one of two forms:
· In-School Suspension: Instances in which a student is temporarily removed from his/her classroom(s) for disciplinary purposes but remains under the direct supervision of school personnel and continues to receive instructional support. Direct supervision means school personnel are physically in the same location as students under their supervision. Settings may include other locations within the school building or removal to another school, such as an alternative school, provided the student remains in direct supervision of school personnel.
· Out-of-School Suspension: Instances in which a student is temporarily removed from his/her school for disciplinary purposes to another setting pursuant to W. Va. Code §18A-5-1a (e.g., home, community setting). This includes both removals in which no IEP services are provided because the removal is 10 days or less as well as removals in which the student continues to receive services according to his/her IEP. The student is not under direct supervision of school personnel as defined under in-school suspension.
A student is entitled to an informal hearing when faced with an out-of-school suspension of ten (10) days or less. At this hearing, the principal must explain why the student is being suspended, and the student must be given the opportunity to present reasons why s/he should not be suspended. However, a student whose conduct is detrimental to the safety of the school may be suspended immediately and a hearing held as soon as practical after the suspension. Other procedures the school must follow when dealing with out-of-school suspensions are outlined in West Virginia Code §§18A-5-1 and 18A-5-1a and include:
a. Parent(s)/guardian(s) must be notified promptly in all cases of suspension.
b. The county superintendent of schools or designee must be notified and preferably in writing of the time and conditions pertaining to the suspension.
c. A student that is suspended from school may not participate in any school-sponsored activities, and is not permitted on school grounds during the period of suspension.
d. A student may not be suspended from school solely for not attending class.
An out-of-school suspension of more than ten (ten) days requires a formal hearing before the county board of education. Procedures the school and county must follow when dealing with suspensions of more than ten (10) days are outlined in West Virginia Code §§18A-5-1 and 18A-5-1a and include:
a. Parent(s)/guardian(s) must be informed in writing of the charges against their child, including a summary of the evidence upon which the charges are based.
b. Upon the student’s/parent/guardian’s request, a formal hearing must be scheduled before the county board of education.
c. Students are entitled to be represented or advised during the proceedings by a person or persons of their choosing, including legal counsel.
d. Students are entitled to be given reasonable time to prepare for the hearing.
Expulsion: The county superintendent, upon recommendation by the principal, may recommend that a county board of education expel a student from school if the student’s conduct is judged to be detrimental to the progress and general conduct of the school. In all cases involving expulsion, the student is entitled to formal due process procedures if the county board of education agrees to act upon recommendations to expel a student from school. These procedures are outlined in West Virginia Code §18A-5-1 and §18A-5-1a.
West Virginia Code §18A-5-1 and §18A-5-1a requires mandatory out-of-school suspension by the principal and mandatory expulsion for a period of not less than twelve (12) consecutive months by the county board of education for: possession of a deadly weapon, battery of a school employee, or sale of a narcotic drug. Procedures that must be followed when dealing with an expulsion include:
a. The student and parent(s)/guardian(s) must be given a written statement of the specific charges against the student.
b. The county board of education must hold a hearing regarding the recommended expulsion.
c. The student and parent(s)/guardian(s) must be given a written notice of the time and place of the board of education hearing at which the expulsion will be considered. This notice must be given far enough in advance for the student to have time to prepare an adequate defense against the charges.
d. The student and parent(s)/guardian(s) have the right to be present at the board hearing and to defend against the charges.
e. The student has the right to be represented by an attorney at the hearing at their own expense.
f. The student has the right to present witnesses in their behalf, to hear the testimony of witnesses against them, and to question the witnesses against them.
g. If the board of education decides that the charges against a student do not warrant his or her expulsion from school, the student may remain in school or return to school without being subjected to punishment or harassment.
h. In all expulsion hearings, fact shall be found by a preponderance of the evidence.
i. Expulsion by the board of education is final. However, if a student or parent/guardian believes that the student was not given procedural due process, they may appeal to the State Superintendent of Schools. If the State Superintendent finds that the board's decision to expel the student was properly made, then the expulsion will stand unless overturned by a court.
12.3 Considerations for Transferring Students with Expulsions
Students who have been suspended or expelled from a public or private school in West Virginia or another state, currently found within the county, may not be denied enrollment in the county school system unless determined to be a “dangerous student” under the procedures set forth in West Virginia Code §18A-5-1a.. Superintendents may, in their discretion, determine the appropriate educational placement, including alternative education services, for these students (Superintendent’s Interpretation of January 26, 2007).
12.4. Considerations for Students with Disabilities, Students not yet Determined Eligible for Special Education and Students with 504 Plans
When considering exclusion from the bus or suspension or expulsion from school or the bus for students with disabilities, students not yet determined eligible for special education (i.e. students currently engaged in the eligibility process beginning with a Student Assistance Team referral) or students with 504 plans, refer to WVBE Policy 2419 - Regulations for the Education of Students with Exceptionalities , Chapter 7 for specific guidelines related to protections which may be warranted for these students.
12.5. Procedures for Reporting Action on Substantiated Incidents
It is essential that schools 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. The WVEIS provides schools with the platform to report all incidents of inappropriate behavior at the classroom level and above. The primary value of this data rests at the school and county level and is necessary for development and monitoring of Policy 4373 implementation plans. Therefore, all inappropriate behaviors as described in Chapter 4, Section 2, Levels 1, 2, 3 and 4 shall be reported through:
· Teacher level documentation – shall include inappropriate behavior leading to interventions, consequences and/or referrals to the principal. ;
· Principal level WVEIS data entry – shall include all teacher level documentation as well as additional entry for administrative disciplinary actions. This data shall be entered into WVEIS by the principal and/or other authorized staff.
· Superintendent level WVEIS data entry – shall include county board actions resulting from expulsion hearings. This data shall be entered into WVEIS by the superintendent and/or other authorized staff.
Incidents of inappropriate behaviors reported into WVEIS in accordance with this policy will be used by the WVDE to comply with federal and state reporting requirements. In order to assure accuracy of data, all districts shall verify their data monthly.
12.6 Appeals Procedures
If someone believes that a county board of education has violated the procedural rights set forth in this policy, they may avail themselves of the appeal procedures outlined in WVBE Policy 7211 - Appeals Procedure for Citizens. However, this policy does not address personal complaints against a school employee. The procedures set forth in Policy 7211 are not deemed to be a precondition to seeking relief in some other forum.
12.6.1 Attendance Policy
12.6.2 The Clay County Board of Education emphasizes the value of regular attendance in enabling students to benefit from the school's education programs. West Virginia Board of Education Policy 4110, W.Va. 126CSR81 (Attendance Policy) places responsibility on students to attend school on a daily basis, and on each parent or guardian to send his/her children to school on a daily basis.
12.6.3 Recognizing that frequent absences and tardiness, for any reason, are certain to adversely affect the student's schoolwork, the Clay County Board of Education implemented an attendance policy that includes the policy components outlined in West Virginia Board of Education Policy 4110, W.Va. 126CSR81 (Attendance Policy) in order to communicate the expectation that students will be in school every day except when illness, injury, or some providential condition beyond the student's control prevents attendance.
13 Dissemination of Policy and Training.
13.1. Each principal will be responsible for posting this policy or a summary throughout each county's/school facilities in areas accessible to students and staff members.
13.2. This policy, or a summary, shall appear in the student handbook and if no handbook is available, a copy will be distributed to all students, faculty, staff and parents. Each school is expected to distribute information in the form of a handbook or folder. Each high school student receives a folder upon enrollment that will contain this policy or a summary.
13.3. When a student enters middle/junior/high school for the first time, the student and his/her parent/guardian will be requested to sign and return a contract agreeing to abide by the stipulations in the policy and consequences associated with violations. The contract will be sent home with the student and returned during the first week of school. The contract will be kept in the student's file and a list of those returned in a database. The parents will be contacted via phone or home visit if their contract has not been returned. Each year following, students through the twelfth grade and their parents will be requested to sign and return this contract.
13.4. The Clay County Board of Education will train students and staff on these regulations and on means for effectively promoting the goals of this policy. Each principal shall review their policy at least hi-annually for compliance with state and federal law and West Virginia Board of Education policy. Strategies the county office and school may employ to accomplish these requirements include:
a. Discussing the policy with students at the beginning of the school year in Back to School assemblies and in throughout the year in homerooms and advisory groups emphasizing the different types of violations, the effect violations have on the other person, and the consequences for violating the Code of Conduct.
b. Printing the policy or summary of the policy in the "Back To School" materials such as school handbooks and folders distributed to all students at the beginning of the school year.
c. Printing the policy or summary of the policy in the local newspaper.
d. Printing the policy or summary of the policy in school newspapers.
e. Discussing the policy with support groups such as the PTO, LSIC, Booster groups, etc.
f. Providing pre-school staff development sessions for administrators, faculty and staff emphasizing the types of violations, how they are manifested, how the violations impact the students and learning, and the consequences for violating this policy.
g. Requesting the parent/guardian of each student entering school for the first time each year to sign and return an agreement to abide by the stipulations in this policy and consequences associated with violation. The agreement document shall be returned to and maintained at the individual school.
h. Posting this policy or summary in areas accessible to students and staff members of each county/school facility. These areas may include, but are not limited to classrooms, office areas, hallways, gymnasium, and locker rooms.
13.5 The county office will provide training, technical assistance in research-based, effective models for violence prevention education (including the prevention of bullying, harassment, and intimidation), substance abuse prevention, as well as other programs and initiatives that include, but are not limited to conflict resolution, peer mediation, responsible student program, and character education training, technical assistance and support shall also be provided in the effective use of student assistance teams to identify students who are at risk and to develop interventions to assure school success for these students.
ADOPTED
November 2003
Revised June 26, 2012
CLAY COUNTY BOARD OF EDUCATION
EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS
CONTRACT FOR STUDENTS
I, _______________________________, (#______________________) hereby affirm
(Student Name) (Student Number)
That I have read and/or have had read to me CLAY County Policy JCDA: Expected Behavior in Safe and Supportive Schools Policy, EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS, or a summary thereof, and have been given a copy for my own personal use and reference. I understand the terms set forth in the Student Code of Conduct, including the consequences for violating the provisions set forth therein. I hereby agree to abide by these terms.
__________________________
Student's Signature
CLAY COUNTY BOARD OF EDUCATION
EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS
CONTRACT FOR STUDENTS AND PARENTS/GUARDIANS
I,______________________________, hereby affirm that I have read and/or have
(Parent/Guardian)
had read to me CLAY County Policy JCDA: Expected Behavior in Safe and Supportive Schools Policy, or a summary thereof, and have been given a copy for my own personal use and reference. I understand the terms set forth in the Student Code of Conduct, including the consequences for violating the provisions set forth therein. I have discussed these terms with my student
______________________________ and hereby agree to cooperate his/her compliance
(Student Name)
with these terms.
_____________________________
Parent/Guardian’s Signature