If a student’s presence poses a continuing danger to persons or property, or an ongoing threat of disrupting the academic process taking place either in a classroom or elsewhere on school premises, then the Superintendent, principal or assistant principal may remove the student from curricular activities or from the school premises. A teacher may remove the student from curricular activities under the teacher’s supervision, but not from the premises. If a teacher makes an emergency removal, the teacher will notify a building administrator of the circumstances surrounding the removal in writing, as soon as practicable. A hearing shall be heard as soon as practicable after the suspension.

Telephonic notice, if possible, of the informal hearing and the reason for the removal will be given to the student and his/her parent(s) guardian(s) or custodian(s) as soon as practicable prior to the hearing. At the commencement of the informal hearing, the principal shall inquire of the student at to whether s/he admits or denies the charges. If the student does not admit the charges, s/he shall be given an explanation of the evidence possessed by the principal and an opportunity to present his/her version of the occurrence. At the conclusion of the hearing or upon the failure of the noticed student to appear, the principal may suspend the student for a maximum of ten (10) school days, including the time prior to the hearing for which the student has been excluded from school.

The principal shall report any suspension the same day it has been decided upon, in writing, to the parent(s), guardian(s) or custodian(s) of the student by regular United States mail. The suspension also shall be reported to the County Superintendent and to the faculty senate of the school at the next meeting after the suspension. If the student is recommended for expulsion by the principal, the County Board shall cause a written notice which states the charges and the recommended disposition to be served upon the student and his/her parent(s), guardian(s) or custodian(s). The notice shall state clearly whether the Board will attempt at hearing to establish the student as a dangerous student. A "dangerous student" means a student who is substantially likely to cause serious bodily injury to himself/herself or another individual within that student’s educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense. The notice also shall include any evidence upon which the Board will rely in asserting its claim that the student is a dangerous student. The notice shall set forth a date and time at which the hearing shall be held, the right to be represented by counsel, the right to call his/her own witnesses to verity his/her version of the incident and that the student may confront and cross-examine witnesses supporting the charge against him/her. The date shall be within the ten (10) day period of suspension imposed by the principal.

The County Board shall hold the scheduled hearing to determine if the student should be reinstated or should be expelled from school. If the County Board determines that the student should or must be expelled from school, it may also determine whether the student is a dangerous student. The hearing shall be recorded by mechanical means unless recorded by a certified court reporter. The hearing may be postponed for good cause by the student but s/he shall remain under suspension until after the hearing. At the conclusion of the hearing the County Board shall either:

If the Board did not intend prior to a hearing to assert a dangerous student claim, did not notify the student prior to the hearing that such a determination, would be considered and, if the Board determines through the course of the hearing that the student may be a dangerous student, it shall schedule a second hearing within ten (10) days to decide the issue. The hearing may be postponed for good cause shown by the student, but s/he remains under suspension until after the hearing.

If the Board expels a student, and finds that the student is a dangerous student, it may refuse to provide alternative education. When the student is found to be a dangerous student, is expelled and is denied alternative education, a hearing shall be conducted within three (3) months after the refusal by the Board to provide alternative education to re-examine whether or not the student remains a dangerous student and whether the student shall be provided alternative education. A hearing for the purpose of re-examining whether or not the student remains a dangerous student and whether the student shall be provided alternative education shall be conducted every three (3) months for so long as the student remains a dangerous student and is denied alternative education. During the initial hearing, or in any subsequent hearing, the Board may consider the history of the student’s conduct as well as any improvements made subsequent to the expulsion. If it is determined during any of the hearing that the student is no longer a dangerous student or should be provided alternative education, the student shall be provided alternative education during the remainder of the expulsion period.

The Superintendent may apply to a circuit judge or magistrate for authority to subpoena witnesses and documents, upon his/her own initiative, in a proceeding related to a recommended student expulsion or dangerous student determination, before a County Board. Upon the written request of any other party, the Superintendent shall apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on behalf of the other party in a proceeding related to a recommended student expulsion or dangerous student determination before a County Board. If the authority to subpoena is granted, the Superintendent shall subpoena the witnesses, documents or both requested by the other party. Furthermore, if the authority to subpoena is granted, it shall be exercised in accordance with the provisions of WV Code (§ 29A-5-1).

Any hearing conducted pursuant to this subsection may be postponed:

A student remains under suspension until after the hearing in any case where a postponement occurs.

Students may be expelled for a period not to exceed one (1) school year; except that if a student is determined to have committed a battery against a school employee including a student teacher, possessed any firearm or a deadly weapon on school property or at any school-sponsored function, or sold a narcotic drug the student shall be expelled for a period of not less than twelve (12) consecutive months. The County Superintendent may lessen the mandatory period of twelve (12) consecutive months for the expulsion of the student if the circumstances of the student’s case demonstrably warrant. Upon the reduction of the period of expulsion, the County Superintendent shall prepare a written statement setting forth the circumstances of the student’s case which warrant the reduction of the period of expulsion. The County Superintendent shall submit the statement to the County Board, the principal, the faculty senate and the local school improvement council for the school from which the student was expelled. The County Superintendent may use the following factors as guidelines in determining whether or not to reduce a mandatory twelve (12) month expulsion the:

Nothing in this policy may be construed to be in conflict with the Federal provisions of the Individuals with Disabilities Education Act of 1990 (P.L. 101-476).

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

§ 18A-1-1, §18A-5-1, §18A-5-1a, Code of West Virginia
WV State Board of Education Policy 4373