| Grant County School |
| Bylaws & Policies |
5600 - STUDENT DISCIPLINE
The Board of Education acknowledges that conduct is closely related to learning – an effective instructional program requires an orderly school environment and the effectiveness of the educational program is, in part, reflected in the behavior of students.
The Board believes that the best discipline is self-imposed and that students should learn to assume responsibility for their own behavior and the consequences of their actions. The Board has zero tolerance of violent, disruptive or inappropriate behavior by its students.
The Board shall require each student of this County to adhere to the Student Code of Conduct/Student Discipline Code adopted by the Board and to submit to such disciplinary measures as are appropriately assigned for infraction of those rules. Such rules shall require that students:
| A. | help create an atmosphere free from bullying, intimidation, and harassment; | |
| B. | will demonstrate honesty and trustworthiness; | |
| C. | will treat others with respect, deal peacefully with anger, use good manners, and be considerate of the feelings of others; | |
| D. | will demonstrate responsibility, use self-control, and be self-disciplined; | |
| E. | will demonstrate fairness, play by the rules, and will not take advantage of others; | |
| F. | will demonstrate compassion and caring; | |
| G. | will demonstrate good citizenship by obeying laws and rules, respecting authority, and by cooperating with others. |
The Student Code of Conduct/Student Discipline Code designates sanctions for the infractions of rules, excluding corporal punishment, which shall:
| A. | relate in kind and degree to the infraction; | |
| B. | help the student learn to take responsibility for his/her actions; | |
| C. | be directed, where possible, to reduce the effects of any harm which may have been caused by the student’s misconduct. |
Students may be prohibited by authorized school personnel from participating in all or part of co-curricular and/or extra-curricular activities without further notice, hearing or appeal rights. A student who has been disorderly on a school bus may be suspended from transportation services consistent with Board policy and the Student Code of Conduct/Student Discipline Code.
The Superintendent shall publish to all students and their parents the rules of this County regarding student conduct and the sanctions which may be imposed for breach of those rules.
The Superintendent shall inform the Board periodically of the methods of discipline imposed by this County and the incidence of student misconduct in such degree of specificity as shall be required by the Board.
The Superintendent, principals, and other administrators shall have the authority to assign discipline to students, subject to the Student Code of Conduct/Student Discipline Code and, where required by law, to the student’s due process right to notice, hearing, and appeal.
Teachers, school bus drivers, and other employees of this Board having authority over students may take such action as may be necessary to control the disorderly conduct of students in all situations and in all places where such students are within the jurisdiction of this Board and when such conduct interferes with the educational program of the schools or threatens the health and safety of others.
Discipline on Board vehicles shall be the responsibility of the driver on regular bus runs. When Board vehicles are used for field trips and other Board activities, the teacher, coach, advisor, or other Board employee shall be responsible for student discipline. The driver shall convey to the teacher, coach, advisor or other Board employee his/her expected behavior of students. If a student becomes a serious discipline problem on a vehicle, the Superintendent and/or his/her designee may suspend the transportation privileges of the student providing such suspension conforms with due process. The procedures for suspension are set forth in the Student Code of Conduct/Student Discipline Code and Board Policy 5611 – Due Process Rights.
No student is to be detained after the close of the regular school day unless the student’s parent has been contacted and informed that the student will be detained. If a parent cannot be contacted, the student should be detained on another day.
Student Discipline Code
Consequences for violation of the Student Code of Conduct are classified into four (4) levels. Consequences for violations of the Student Code of Conduct may be reclassified as Level I, II, or III, depending on the severity or repetition of the violations and provided this reclassification assures that the treatment of the violations is consistent with W. Va. Code.
W. Va. Code requires that the principal shall suspend a student who commits a violation classified as a Level IV in this policy, Level III and IV violations are to be referred directly to the appropriate administrator because of the serious and/or unlawful nature of the misconduct.
For more detail on the violations, refer to Board Policy 5500, Student Code of Conduct.
Level I Violations
| A. | anti-Social Conduct | |
| B. | cheating/Academic Misconduct | |
| C. | disorderly Conduct | |
| D. | improper Parking of a Motor Vehicle | |
| E. | inappropriate Displays of Affection | |
| F. | inappropriate Dress and Grooming | |
| G. | leaving School Without Permission | |
| H. | possession of Inappropriate Personal Property | |
| I. | tardiness | |
| J. | technology Abuse | |
| K. | possession, Use, Smoking of Tobacco | |
| L. | trespassing | |
| M. | truancy |
Consequences for Level I Violations
School administrators and staff may use appropriate intervention strategies, as determine by this and other Board policies, including, but not limited to, staff and student/parent conferences, auxiliary staff intervention and counseling programs, student program for conflict resolution and peer mediation, and programs for anger management and violence prevention.
Any of the following intervention strategies and disciplinary actions may be used as appropriate in response to the violation:
| A. | administrator/student conference or reprimand | |
| B. | administrator and teacher-parent/guardian conference | |
| C. | referrals and conference to support staff or agencies | |
| D. | referral to a tobacco cessation program | |
| E. | daily/weekly progress reports | |
| F. | behavioral contracts | |
| G. | change in the student's class schedule | |
| H. | school service assignment | |
| I. | confiscation of inappropriate item | |
| J. | restitution/restoration | |
| K. | before and/or after-school detention | |
| L. | denial of participation in class and/or school activities | |
| M. | immediate exclusion by teacher from one (1) class period of the school day | |
| N. | weekend detention | |
| O. | in-school suspension | |
| P. | out-of-school suspension for up to three (3) days, or | |
| Q. | law enforcement notification |
Level II Violations
| A. | bullying/harassment/intimidation | |
| B. | failure to serve assigned detention | |
| C. | false identification | |
| D. | forgery | |
| E. | fraud | |
| F. | gambling | |
| G. | gang activity | |
| H. | insubordination/unruly conduct | |
| I. | loitering | |
| J. | theft or possession of stolen property (property valued less than $100.00) |
Consequences for Level II Violations
Intervention strategies may include, but are not limited to, the following intervention strategies and disciplinary actions:
| A. | conflict resolution | |
| B. | peer mediation programs | |
| C. | any Level I response | |
| D. | out-of-school suspension for up to ten (10) days. |
Level II Violations
Violations in the Level III category are consistent with those addressed in W.Va. Code 18A-5-1a(b) and (c) and shall be reported immediately to the principal, or designee, of the school in which the student is enrolled. The principal or designee, will address the violation following the procedures outlined in W.Va. Code 18A-5-1a, subsections (b) through (h).
| A. | alcohol possession, distribution, or under the influence | |
| B. | defacing school property | |
| C. | disobeying a teacher in a willful manner | |
| D. | hazing | |
| E. | improper or negligent operation of a motor vehicle | |
| F. | marijuana (simple possession), or under the influence | |
| G. | physical altercation | |
| H. | profane language directed at a school employee or a student | |
| I. | theft ($100 and $999) | |
| J. | threat of injury or injury to a student or school employee | |
| K. | habitual violation of school rules or policies |
Consequences for Level III Violations
| A. | A principal or designee, 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 or designee, after an informal hearing pursuant to W. Va. Code 18A-5-1(d), has committed any Level III Violations. | |
| B. | If a student has been suspended pursuant to W.Va. Code 18A-5-1(b), (see felony and possession of controlled substances in Level IV consequences) or (c), (certain of the violations as listed in Level III above) the principal or designee, may request that the Superintendent recommend to the County Board that the student be expelled following the provisions in subsections (b) through (l) of W. Va. Code 18A-5-1a. | |
| C. | Any school responses to Level I and II violations. | |
| D. | Agency notification, such as the West Virginia Department of Health and Human Resources. |
Level IV Violations
Violations in the Level IV category are consistent with those addressed in W. Va. Code 18A-5-1(a) and (b). Level IV violations in this policy are aligned with definitions in W. Va. Code 61-6-17, 61-6-24, and 18A-5-1, and in the Gun-Free Schools Act of 1994 (the reauthorization of the Elementary Secondary Education Act of 1965 (ESEA), Public Law 103-382, and require that the principal or designee, of the school in which the student is enrolled shall address the violation following the procedures outlined in W. Va. Code 18A-51a (a) and (b).
| A. | battery on a school employee | |
| B. | felony | |
| C. | possession of a controlled substance | |
| D. | possession of a firearm or deadly weapon | |
| E. | sale of a narcotic drug |
Consequences for Violation of Level IV
Level IV violations in this policy are those violations addressed in W. Va. Code 18A-5-1a that require the
mandatory suspension of the student by the principal or designee, from school, of from transportation to or from the school on any school bus, after an informal hearing pursuant to subsection (d) of W. Va. Code 18A—5-1a.Felony
Pursuant to W. Va. 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 County Board that the student be expelled.
Possession of Controlled Substance
Pursuant to W. Va. 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 W. Va. Code 60A-1-101 et seq., the principal or designee, may request that the Superintendent recommend to the County Board that the student be expelled.
Battery
If a student has been suspended for battery on a school employee pursuant to W. Va. Code 18A-5-1a, the principal or designee, shall, within twenty-four (24) hours, request that the County Superintendent recommend to the County Board that the student be expelled. Upon such request of the Superintendent by a principal or designee, the County Superintendent shall recommend to the County Board that the student be expelled. Upon such recommendation to the County Board by the Superintendent, the County Board shall conduct a hearing in accordance with W. Va. Code 18A-5-1a subsections (e), (f), and (g), to determine if the student committed the alleged violation. If the County Board finds that the student did commit the alleged violation, the County Board shall expel the student.
Possession of a Firearm or Deadly Weapon
If a student has been suspended for possession of a firearm or deadly weapon pursuant to W. Va. Code 18A-5-1a, the principal or designee, shall, within twenty-four (24) hours, request that the County Superintendent recommend to the County Board that the student be expelled. Upon such request of the Superintendent by a principal or designee, the County Superintendent shall recommend to the County Board that the student be expelled. Upon such recommendation to the County Board by the Superintendent, the County Board shall conduct a hearing in accordance with W. Va. Code 18A-5-1a subsections (e), (f), and (g), to determine if the student committed the alleged violation. If the County Board finds that the student did commit the alleged violation, the County Board shall expel the student.
Sale of a Narcotic Drug
If a student has been suspended for the sale of a narcotic drug pursuant to W. Va. Code 18A-5-1a, the principal or designee, shall, within twenty-four (24) hours, request that the County Superintendent recommend to the County Board that the student be expelled. Upon such request of the Superintendent by a principal or designee, the County Superintendent shall recommend to the County Board that the student be expelled. Upon such recommendation to the County Board by the Superintendent, the County Board shall conduct a hearing in accordance with W. Va. Code 18A-5-1a subsections (e), (f), and (g), to determine if the student committed the alleged violation. If the County Board finds that the student did commit the alleged violation, the County Board shall expel the student.
Nothing in this Student Code of Conduct may be construed to be in conflict with the Federal provisions of the Individuals with Disabilities Education Act (IDEA) Amendments of 1997 (Public Law 105-17), or with W. Va. 126CSR16, West Virginia Board of Education Policy 2419, Regulations for the Education of Exceptional Students.
West Virginia State Board Policy 4373