VIII.4. Student Discipline
The professional staff of the school is expected to ensure student conduct conducive to an orderly educational program, to maintain an effective learning atmosphere both in and outside the classroom, and to help students achieve the self discipline necessary for responsible use of freedom.
In maintaining proper discipline, all persons connected with the school have a double obligation: To promote the legitimate objectives of the school in ways appropriate to the individuals' respective roles; and to recognize and defend the rights of others.
VIll.4.1. Teacher’s rights and responsibilities.
The teacher has a right to obedience and, failing to get it, the responsibility to take corrective measures including, but not limited to: Imposing detention, revoking privileges, enlisting parental assistance, referring students to administrators or student services staff members and provisions of the school law, 18 A-5-1. The teacher has the right to be consulted in any referral case and to receive a report of any action taken.
The teacher's responsibilities include: Conducting a well-planned and effective program, establishing and enforcing regulations within the school's educational environment that will facilitate learning, and maintaining written records of the conduct of students who may later be referred to others for help and disciplinary action.
VIll.4.2. Principal responsibilities.
The principal has an obligation to impose necessary disciplinary measures, including, but not limited to: detention, revoking privileges, removing a student from class, suspending a student from school for up to ten days, enlisting parental support, and recommending expulsion.
The principal is responsible for: Supporting teachers and insisting that they meet their obligation to maintain discipline being alert to and correcting situations likely to promote poor citizenship, notifying parents of serious student offenses, creating an atmosphere conducive to student self-direction and self-regulation, and for defending every individual within the school against arbitrary and unfair treatment.
The juvenile probation officers will be notified before any disciplinary action is taken against any student under their jurisdiction in order that they may be involved in the corrective plan of action.
In any disciplinary situation where the school may deem necessary, the principal may consult with the juvenile probation officers.
VIll.4.3. Parental responsibilities.
The parent is expected to cooperate with the school and support its corrective measures, and to notify the school of any unusual behavior pattern on the part of the child that might lead to serious difficulties. The parent has a further obligation to attend any conferences scheduled pursuant to West Virginia Code S 18A-5-1. (Revised November 16, 1995) (Reviewed August 26, 1999)
VIII.4.4. Options in disciplinary actions.
Both the teacher and principal have various options in imposing disciplinary measures for student misconduct and infraction of school rules. The teacher or principal may and should consult with parents on disciplinary measures that might prove most effective in particular instances. (Adopted November 17, 1983) (Reviewed August 26, 1999)
VIll.4.5. Student discipline procedures.
Decisions on disciplinary action are determined by the principal at the school level, certain offenses are to referred to the Superintendent's office for consideration by the Board of Education. The Following standard procedures are recommended:
LEVEL I VIOLATIONS:
Anti-social conduct; Cheating/academic misconduct; Disorderly conduct; Improper operation of a motor vehicle; Inappropriate displays of affection; Inappropriate dress and grooming; Leaving school without permission; Possession of Inappropriate personal property; Tardiness; Technology abuse; Tobacco; Trespassing; Truancy.
SCHOOL RESPONSES TO LEVEL I VIOLATIONS:
Appropriate intervention strategies (conflict resolution/peer mediation/anger management); 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; Dally/weekly progress reports; Behavioral contracts; Change In the student's class schedule; School service assignment; Confiscation of Inappropriate Item; Restitution/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.
LEVEL II VIOLATIONS:
Bullying/harassment/intimidation; Failure to serve assigned detention; False identification; Forgery; Fraud; Gambling; Gang activity; Insubordination/unruly conduct; Loitering; Theft or possession of stolen property; Defacing school property; Disobeying a teacher in a willful manner; Profane language; Improper or negligent operation of a motor vehicle.
SCHOOL RESPONSES TO LEVEL II VIOLATIONS:
Any Level l response; Out-of-school suspension for up to ten (10) days.
LEVEL III VIOLATIONS:
Alcohol; Theft; Hazing; Habitual violation of School Rules or Policies.
SCHOOL RESPONSES TO LEVEL III VIOLATIONS:
Suspension from school or transportation; Possible expulsion; School responses to Level l and II; Agency notification (I.e., DHHR).
LEVEL IV VIOLATIONS:
Assault/battery on a school employee; Felony; Possession of a controlled substance; Possession of a firearm or deadly weapon; Sale of a narcotic drug.
SCHOOL/COUNTY RESPONSES TO LEVEL IV VIOLATIONS:
Suspension; Possible expulsion.
(Revised July 25, 2002)
The following is a list of area agencies and organizations which provide counseling for drug or alcohol related problems. This list does not include area private counseling agencies. Please consult your telephone directory for private agencies.
Logan-Mingo Area Mental Health, Inc 792-7130
Alcoholics Anonymous..(24 hr./day) 1-800-333-5051
Al-Anon and Alateen 1-800-344-2666
Narcotics Anonymous..(24 hr./day) 1-800-777-1515
Teen Line 1-800-359-8336
Emergency Headquarters..(24 hr./day) 911
VIll.4.5A LOGAN COUNTY SCHOOLS TOBACCO CONTROL POUCY
Section 1. General
1.1 Scope: This policy sets the requirements for schools in Logan County to be tobacco free.
1.2 Authority: West Virginia Code 16-gA-1 through 16-9A-4, and 18-2-5. West Virginia Board of Education Policy 2422.5A.
1.3 Effective Date: January, 1998
1.4 Replaces Policy VI.2.8a - Tobacco Control Logan County
Section 2. Purpose
2.1. The purpose of this policy is to prohibit the use or distribution of tobacco products in school buildings, on school grounds, in school-leased or owned vehicles and at all school affiliated functions in order to improve the health of West Virginia students and school personnel. Students under the age of 21 shall not possess any tobacco product at any time. The use of tobacco products has a direct link to numerous health problems and this policy is intended to prevent students, school personnel and visitors from being exposed to secondhand smoke and prevent youth addiction to tobacco products. School personnel shall act as positive role models for students by not distributing or using tobacco products.
Section 3. Application
3.1. This policy shall apply at ail times to any building, property or vehicle leased, owned or operated by a Logan County Board of Education. This policy shall apply to any private building, or other property, including automobiles or other vehicles, used for school activities when students or staff are present.
3.2. No person shall distribute or use any tobacco product in any area defined in Section 3. 1. of this policy at any time. In addition, students shall not possess any tobacco product at any time in areas or situations defined in Section 3.1.
3.3. Individuals supervising students off school grounds are prohibited from distributing or using any tobacco product while in the presence of students or any time while engaged in any activities directly involving students.
3.4. No school or board property, as defined in Section 3.1. of this policy may be used for advertising of any tobacco product.
3.5. Groups using areas described in Section 3.1 shall sign agreements with the Logan County Board of Education agreeing to comply with this policy and to inform students, parents, and spectators that this policy remains in force on evenings, weekends, and other times that school is not in session.
Section 4. Implementation
4.1. Every school in the county shall have a Tobacco Control Policy that meets the stipulation of this policy and adheres to the following guidelines. This policy serves as school policy except where the need for school-level procedures or measures is indicated. Compliance is mandatory. Schools may impose additional strategies and restrictions not outlined in county policy provided they meet the tenets and intent of the county policy.
4.1.1. Administration: Administrative procedures for dealing with tobacco are the responsibility of all county and school administrators as follows:
a. It is the responsibility of each school administrator to implement provisions of this policy within their schools, specifically education, communication and enforcement provisions as outlined in this policy, and:
b. It is the responsibility for each school to develop clear procedures for identification. intervention and referral of students with tobacco related problems to the school counselor, school nurse or other identified health professional. These procedures should be included in the student and staff handbooks.
c. It is the responsibility of each school to maintain an environment for students, staff and visitors that presents no physical harm, discomfort or unsanitary condition resulting from tobacco product use.
4.1.2. Communication: The tobacco control policy must include procedures for communicating the policy to students, school staff, parents or families, visitors and the community at large. This policy must be communicated through the following mechanisms:
a. Staff Development: Provide appropriate staff development regarding the current policy. Provision for training for facilitators for cessation education and support programs for students will be at the discretion of each individual school.
b. Employee and Student Handbooks: Handbooks shall include complete information regarding the scope of the policy and, in accordance with due process, sanctions and violations.
c. Parent/Guardian Notification: All parents should be given notification, in accordance with due process, about the sanctions for violations which will be enacted should their child violate policy 2422.5A.
d. Public Notification: Should include placing of signs indicating tobacco free area on school grounds and vehicles; announcement of the policy at all school and county sponsored functions and agreements with all groups using school facilities or property as outlined in Section 3.5 of this policy.
e. Other Communication Procedures: It shall be the responsibility of each school to select one or more of the following communication procedures for communicating the policy to students, school staff, parents or families, visitors and the community at large.
a. Discuss the policy with students at student orientation meetings.
b. Spread the information through student organizations and activities.
c. Place or make announcements in school publications and/or via school media (e.g. channel one).
d. Have students design posters, banners, and signs.
e. Explain how students can sign-up for tobacco cessation or support program at school.
2. School Staff
a. Provide every staff member with a copy of the policy and discuss any changes in school tobacco policy and enforcement at staff meetings, such as faculty senate.
b. Post information in staff lounges/offices.
c. Explain how staff can sign-up for cessation or support programs.
a. Send a letter to each parent or guardian explaining the policy changes.
b. Ask parents to sign student school contracts for participation in extra and co-curricular activities.
c. Discuss policy at PTA/PTO or LSIC meetings.
d. Include an article in school newsletter outlining the tobacco policy.
a. Post signs at all entrances to school property and on ail vehicles owned by the school/county. Other places include restrooms, loading areas and stairwells.
b. Remove all ashtrays from school property.
c. Announce policy at all athletic events, meetings, concerts and plays.
d. Train students, staff and community volunteers to politely ask community members to respect school policy.
e. Communicate the policy to parent and business volunteers who are assisting in supervising youth on off-campus activities, i.e., field trips, job shadowing or community service.
4.1.3. Prevention Education: Required Health Education Program of Study (West Virginia Board of Education Policy 2520.06) shall be coordinated with Safe and Drug Free School activities and programs to provide a comprehensive K-1 2 tobacco prevention curriculum for all children in the county. School Improvement Councils and School Curriculum Teams should assure that prevention education efforts are coordinated and age appropriate.
a. Health Education Instruction: County health education programs of study include instructional objectives related to prevention of tobacco use, assessment of hazards of tobacco and benefits of remaining tobacco free, and skills to refuse peer pressure to use tobacco products K-1 2, as outlined in West Virginia Board of Education Policy 2520, Health Education Instructional Goals and Objectives.
b. Safe and Drug-Free School Program: School-wide or targeted grade level programs sponsored by Safe and Drug-Free Schools funds shall be coordinated with other prevention education efforts and meet guidelines and stipulations set forth in drug-free schools grants for use in prevention education efforts.
4.1.4. Cessation Support Education: All schools in the county will be provided with a list of available cessation programs to refer staff and students interested in cessation. Cessation support education shall not be used as a punishment for those caught violating the Policy.
a. Referrals may be made to the locally determined site for cessation classes for staff and students.
b. When available, information regarding upcoming cessation support education programs will be given to ail students in grades 7-12.
c. Schools may send individuals to a cessation support education training with county professional development funds provided the program meets the basic definition for a cessation support education program.
d. Schools may elect to provide a cessation support education program for students if staff or appropriate individuals from community agencies agree to provide the program for one year.
4.2 Board Action (Enforcement): All schools will adhere to the following for enforcement of tobacco control policy 2422.5A
4.2.1 County sanctions for violations should begin with an educational process and proceed to punitive measures as a last resort and must include at a minimum a reference to the following components:
a. For Students:
Counseling: All students should be referred to the guidance counselor or other school health services or psychological services for ail offenses.
School/Community Service: All students should be given the option of a school or community service assignment prior to police notification unless the students is at minimum a second time offender and prior to suspension unless the student is at minimum a third time offender or refuses to participate in a service assignment.
Mandatory Education Program: It is strongly recommended that ad student violators attend an educational program or receive educational material that discusses the addiction process and cessation options. This should not be confused with cessation programs.
Parent/guardian notification: School policy addresses parent/guardian notification procedures and parent/guardians should be notified of all violations and subsequent sanctions places on the students
Police Notification/Prosecution-. After a student has a prior violation in the same school year or refuses to participate in cessation education and/or school or community service assignments. the county school board of education/school can choose to notify police and have a warrant issued (fine) and refer students to magistrate court for violations.
Suspension: On the third violation or after refusal to participate in education sessions and/or school or community service assignments. county policy allows school administrators to impose a suspension of 1-3 days. It is highly recommended that a conference with the parent or guardian suggest treatment and/or in combination with referral to cessation program at the cost of the parent or guardian. Suspension should always be accompanied by counseling from the guidance counselor or other school health service or psychological service personnel, if applicable.
4.2. 1. a. For Students:
In accordance with due process, first violation of the policy will include the following:
(a) contact parent or legal guardian
(b) provide tobacco prevention education information
(c) 3 days suspension (outside of school)
(d) notify the police of violation and refer to magistrate.
In accordance with due process, second violation of the policy will include the following:
(a) contact parent or legal guardian
(b) provide tobacco prevention education information
(c) 6 days suspension (outside of school)
(d) notify the police of violation and refer to magistrate.
In accordance with due process. third violation of the policy will include the following:
(a) contact parent or legal guardian
(b) provide tobacco prevention education information
(c) 9 days suspension (outside of school)
(d) notify the police of violation and refer to magistrate.
Repeated violations will be automatic referral to the Attendance Director. Expulsion will occur after continuous violations.
4.2.1. b. For Staff (All Logan County School Employees)
All staff in violation of the policy should be provided information or referral regarding smoking cessation programs. Although participation in such programs will be voluntary on the part of staff.
Employee Evaluation/Record: All staff violations require documentation on staff evaluation forms and work records.
Mandatory Education Session - All employees violating the policy will be required to attend an educational program or receive educational material that discusses the addiction process and cessation options. This should not be confused -with cessation programs.
In accordance with due process, first violations of this policy will include the following:
(a) conference with immediate supervisor - with signed documentation
(b) attendance at education session on tobacco or employee provided with information re: the addiction process and cessation options (documentation required).
In accordance with due process, second violations of this policy will include the following:
(a) conference with immediate supervisor - with signed documentation
(b) referral to local authorities, subject to a fine
(c) written improvement plan by immediate supervisor
(d) attendance at education session on tobacco or employee provided with information re: the addiction process and cessation options (documentation required).
In accordance with due process, third violations will include, in addition to steps outlined for second violations, the following:
(a) suspension without pay for 3 days; and
(b) referral to the county board of education for possible additional disciplinary action.
Employee violations will be considered insubordination and subject to disciplinary action. Employees violating the policy more than three times shall be suspended for 3 days without pay and referred to the county board for additional disciplinary action which may include termination. Employee violations will be considered insubordination and subject to disciplinary action.
4.2. 1. c. For the Public:
Public sanctions should involve the following:
(a) request to individual to stop and refer to school policy
(b) if person refuses to stop, request for individual to leave site of school function and refer to policy
(c) if person refuses to leave or is a repeated violator. refer to local authorities, subject to fine
(d) persons could be barred from attending school events.
4.3. Policy Review: This policy will be reviewed every two years and appropriate modifications made at the advice of school administrators, faculty/senates and LSIC groups. (Revision: October 6,1998) (Reviewed August 26, 1999)
I, ___________________________________________________, verify that I have received the revised copy of the Logan County Board of Education Substance Abuse Policy revised on _______July 8, 1999________,
and the Tobacco Control Policy revised on _______October 6, 1998________,
to which is attached information about available drug, alcohol, and tobacco, counseling, rehabilitation, and re-entry program. I understand that compliance with this policy is mandatory.
SIGNATURE: _______________________________ DATE: _______________
DUE DATE: ________________IMMEDIATELY_________________________
VIII.4.6 Corporal Punishment
Repealed (November 16, 1995)
VIII.4.7 Student Grievance Procedure
The purpose of this procedure is to provide a way for the Logan County Board of Education and enrolled students of the Logan County School System to reach solutions to problems, large and small, that may occur between the individuals, employed by the Board for the administration of various segments of the local school system, that serve the student population and the students.
Good morale is maintained, effective student participation and performance is enhanced, and the citizens of the community are better served with sincere efforts of the school board, its employees, and the student population are exerted toward constructive solutions to problems that may arise. It is the intent of this procedure to provide in a simple, straight forward, and easily understood way, for the solution of problems at the lowest possible administrative level, as fairly and as expeditiously as possible.
Definitions: Grievance shall mean a claim by any enrolled student of a violation, a misapplication, or a misinterpretation of the statutes, board policies, rules or regulations, including sex discrimination, in the educational process, under which the student participates in all school activities, specifying that which is claimed to be violated and the specifics of such violation. The term "grievance" shall not apply to any matter for which (l) the method of review is prescribed by law, or (2) the Board of Education is without authority to act.
Student shall mean any person properly enrolled in a public school of the Logan County School System either full or part-time.
Days shall mean days that school is in session exclusive of Saturday, Sunday, and official holidays.
Immediate supervisor shall mean the principal of the school in which the student is enrolled.
Parties_in_interest shall mean any person involved in the processing of the grievance.
Procedure: Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level shall be considered as a maximum, and every effort should be made to expedite the process. The time limit specified may, however, be extended by mutual agreement of the grievant and the school principal or other individual or individuals involved at a particular level on the grievance process.
If a grievance is filed which might not be finally resolved under the time limits set forth herein prior to the end of the school year, and which if left unresolved until the beginning of the following school year, could result in irreparable harm to a grievant, the time limit set forth herein will be reduced to the extent possible so that the grievance procedure may be concluded prior to the end of the school year, or as soon thereafter as is practicable.
In the process established below, the following representation and assistance may be utilized by the student if he so desires, at each level as stipulated:
Informal discussions - Students only
Level One - Student presents the grievance but he may be accompanied by parent or guardian.
Level Two - Student may be represented by parent or guardian and the student must be present.
Level_Three_and_Four - Student may be represented by anyone of his choosing, and the student must be present.
The student must indicate with his filing at each
level, who will accompany or represent him in any meetings or hearings that might be conducted.
No reprisals of any kind shall be taken by the Board of Education or by any member of the administration against any grievant, any representative, or any other participant in the grievance procedure by reason of such participation.
All decisions rendered at all levels of the Grievance Procedure, shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest, except at the informal stage of Level One.
Forms for filing grievances, serving notices, taking appeals, making reports and recommendation, and all other necessary documents shall be made available to all students upon request so as to facilitate operations of the grievance procedure.
All meetings and hearings, under this procedure shall be conducted in private and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this article.
Grievances should be processed in a manner which does not interfere with the student's educational process and the normal operation of the schools. Grievances shall first be discussed by the grievant informally with his school principal.
Every effort should be made to settle a disagreement informally.
Before a grievance is filed and within fifteen days following the occurrence of the event, upon which the grievance is based, the student and principal shall schedule a conference to discuss the nature of the grievance and the action, redress or other remedy sought.
The conference shall be scheduled within three days of the request, and any discussion shall be by the student in his own behalf.
Level One. In the event that the grievance is not resolved informally, then a formal grievance must be lodged by the student with the student's school principal in writing, on the prescribed form and signed by the student. Such grievance shall be so lodged within ten days of the informal conference, or the grievance shall be null and void. Any discussion with the principal concerning the grievance shall be by the student in his own behalf, or by the student accompanied by his parent or guardian.
Within five days after the grievance is lodged, unless extended by mutual agreement of the principal and the grievant, the principal shall state the decision in writing to the appropriate parties.
Level Two. Within five days of receiving the decision of the principal, the aggrieved student may appeal from the decision at Level One to the next administrative level. The appeal shall be in writing on the prescribed form and signed by the grievant.
Within five days of receipt of the appeal, the administrator receiving the appeal shall try to adjust or resolve the grievance amicably.
If the efforts at amicable adjustment do not resolve the grievance, the same procedure and time limitation imposed at Level One shall prevail.
Level Three. Within five days of receiving the decision of the administrator at Level Two, the student may appeal the decision to the superintendent of schools in writing and signed by the grievant. The superintendent may choose to:
Review all written decisions and transcripts of previous meetings and issue a written decision within five days to all parties, or
Conduct a hearing himself or with all persons who participated at Level Two and issue a written statement to all parties within five days.
Level Four. Within five days of receiving the decision of the superintendent, the grievant may appeal the decision to the Board of Education in writing and signed by the grievant, through the superintendent or secretary of the Board of Education who shall present the grievance to the Board of Education. The Board of Education, within a reasonable time shall:
review all written decisions and transcripts of previous meetings and issue a decision to all parties,
conduct a hearing itself with all persons who participated at Level Three and issue a decision to all parties concerned within ten days of such hearing.
Such decision by the Board of Education shall be final except that appeals to the State Superintendent of Schools under certain provisions of Chapter l8 and l8A may be appropriate, and proper redress may be sought through the courts, should the student so choose.
Level I - School principal - GI
Level II - Assistant Superintendent - G2
Level III - Superintendent - G2
Level IV - Board of Education - G2
Grievance Response at Level I, II, III - G3
Grievance Response at Level IV - G4
(Adopted l976) (Reviewed August 26, 1999)
VIll.4.8. Student code of conduct.
The Logan County Board of Education recognizes the need for a safe, orderly, stimulating environment. conducive to learning. In order to achieve these conditions, the Logan County Board of Education also acknowledges the need for promoting effective discipline in the school ;through a comprehensive program. This program must involve the school, the parents and the community. In order to provide the schools with the authority to achieve these needs, the Logan County Board of Education provides the Student Code of Conduct.
This code of conduct applies to all students enrolled in Logan County. This policy does not supersede any rights granted to special education students by Federal or State law or other State Board of Education policy.
In order for every student to have the opportunity to reach his/her potential, every student in the public schools of West Virginia shall:
(1) Attend school faithfully, complete his/her assignments on time, and work to his/her full potential.
(2) Behave in a manner that does not disrupt classroom learning or the operation of the school.
(3) Obey teachers and principals and others in authority.
(4) Refrain from aggressive or threatening behavior toward fellow students, teachers or other school staff.
(5) Refrain from the possession or use of any weapons, illegal drugs, alcohol, or tobacco products.
Authority of Teachers, Principals, Bus Operators and County Boards:
(1) Teachers may exclude from class for one class period or school day any student who fails to abide by the Student Code of Conduct.
(2) Bus operators may exclude from the bus in conformity with the West Virginia School Transportation Regulations any student who fails to abide by the Student Code of Conduct.
(3) Principals may temporarily suspend from school any student who consistently fails to abide by the Student Code of Conduct or who commits a serious violation of the Code of Conduct which the board feels could cause danger to other persons or property or who the board believes will not, in the future, behave in accordance with the Student Code of Conduct.
In-school suspension facilities, alternative programs, classes or schools will be provided in order that the students educational process will not be interrupted.
The school will immediately notify by telephone the parent of any child excluded from class, suspended from school or placed in in-school suspension, alternative program, class or school. This notice shall be followed by a written notice of the suspension or other action to be mailed by the next school, day to the home of the parent.
Suspended students will be assigned to Saturday School where they will have the opportunity to make up class work and also remove the unexcused absence from their record.
If a student refuses Saturday School he/she will serve out the full suspension away from school. The suspended days will be counted as unexcused absences and the student will not have the opportunity to make up class work.
Student rights will be protected under the due process procedure. (Adopted April 11, 1991) (Amended March 16,1999)
VIII.4.9. STUDENT CODE OF CONDUCT
1.1. Scope. -- This rule sets the requirements for the conduct of students in Logan County schools in order to assure a nurturing and orderly, safe, drug-free, violence- and harassment-free learning environment that supports student academic achievement and personal-social development.
1.2. Authority. - W. Va. Constitution, Article XII, §2, and W. Va. Code §§16-9A-4, 16-9A-9, 17A-1-1, 18-2-5, 18-2-5a, 18-2-7b, 18-2-9, 18-2-33, 18-2C-1 et seq., 18-5-1, 18-5-13, 18-16-1, 18A-1-1, 18A-5-1, 18A-5-1a, 60A-1-101, 60A-7-11a, 61-2-15, 61-7-2, and 61-7-11a., West Virginia Board of Education Policy 4273: Student Code of Conduct.
1.3. Adoption Date by the Logan County Board of Education _July 1, 2003_
1.4. Effective Date. - _July 1, 2003 _
1.5. Repeal of Former Policies. -- This policy repeals and replaces Logan County Board Policies: VIII.4.5. Student Discipline Procedures; VIII.4.8. Student Code of Conduct
2.1. The Logan County Board of Education recognizes the need for students, teachers, administrators, and other school personnel to have a nurturing and orderly, safe, and stimulating educational environment. The purpose of these regulations is to provide the Logan County School District with a policy of student conduct that will ensure an orderly and safe environment that is conducive to learning. These regulations also require that Logan County’s schools respond immediately and consistently to incidents of harassment, intimidation, bullying, substance abuse and/or violence or other Student Code of Conduct violations in a manner that effectively deters future incidents and affirms respect for individuals. The Logan County Board of Education believes further that its schools should undertake proactive, preventive approaches to ensure a nurturing and orderly and safe school environment that fosters learning and personal-social development. Logan County Schools must create, encourage, and maintain a safe, drug-free, and fear-free school environment in the classroom, on the playground, and at school-sponsored activities. Assuring such an educational environment requires a comprehensive program supported by everyone in the school organization, as well as parents/guardians, and the community. Any form of harassment, intimidation, bullying, substance abuse, violence, or other policy violation is unacceptable in Logan County schools.
3. Student Code of Conduct.
3.1. All students enrolled in West Virginia public schools shall behave in a manner that promotes a school environment that is nurturing, orderly, safe and conducive to learning and personal-social development.
3.1.1. Students will help create an atmosphere free from bullying, intimidation and harassment.
3.1.2. Students will demonstrate honesty and trustworthiness.
3.1.3. Students will treat others with respect, deal peacefully with anger, use good manners and be considerate of the feelings of others.
3.1.4. Students will demonstrate responsibility, use self-control and be self-disciplined.
3.1.5. Students will demonstrate fairness, play by the rules, and will not take advantage of others.
3.1.6. Students will demonstrate compassion and caring.
3.1.7. Students will demonstrate good citizenship by obeying laws and rules, respecting authority, and by cooperating with others.
4.1. These regulations apply to all students attending public schools in Logan County 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) or West Virginia Department of Education, or in another facility being used by any of those agencies.
4.1.1. Students who do not behave in a manner that promotes a nurturing, orderly, safe environment conducive to learning will be subject to the responses to violations as outlined in Section 7 of this policy.
4.1.2. This policy does not supersede any rights granted to special education students by federal or state law or other West Virginia Board of Education policy.
Planning, Training, and Implementation.
5.1. The Logan County Board of Education shall develop a plan for the implementation of this policy. This plan shall reflect the particular needs of students and staff members to study, learn and work in an environment free from Student Code of Conduct violations. To the maximum extent possible, these plans shall be developed collaboratively with state and local agencies that share the purposes of this policy.
5.2. To ensure understanding of the Student Code of Conduct, the administration shall develop and implement and education program for each grade level, as well as a program for all faculty and staff. The programs, at a minimum, must: raise awareness of the different types of Student Code of Conduct violations, how they are manifested, their devastating emotional and educational consequences, and their potential legal consequences. In addition, multicultural education programs must be developed and implemented for faculty, staff and students to foster an attitude of understanding and acceptance of all individuals.
6.1. The Logan County Board of Education emphasizes the value of regular attendance in enabling students to benefit from the school’s education programs. Education Policy 4110, W.Va. §126CSR81 (Attendance Policy) and Logan County Schools Attendance Policy VIII.2. (Compulsory Attendance) places responsibility on students to attend school on a daily basis, and on each parent or guardian to send his/her child(ren) to school on a daily basis.
6.2. Recognizing that frequent absences and tardiness, for any reason, are certain to adversely affect the student’s schoolwork, each school will 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.
7. Violations of the Student Code of Conduct.
be followed when any staff member observes any violations outlined in this
policy classifies student violations of the Student Code of Conduct in four
levels (I, II, III, IV) depending on the severity or repetition of the
violation. W.Va. Code requires that the principal shall suspend a student who
commits a violation classified as a Level IV in this policy. Level I violations
shall be reported to a teacher, counselor, assistant principal or principal.
Level II violations shall be reported to the assistant principal or principal,
and Level III and IV violations are to be referred directly to the building
principal because of the serious and/or unlawful nature of the misconduct.
a. Anti-Social Conduct. A student will not orally, in writing, electronically, or with photographs or drawings, direct profanity or insulting, obscene gestures toward another student that causes embarrassment, discomfort, or a reluctance to participate in school activities.
b. Cheating/Academic Misconduct. A student will not plagiarize, cheat, gain unauthorized access to, or tamper with educational materials. The response to violations under this section may include academic sanctions in addition to other discipline.
c. Disorderly Conduct. A student will not harass another student or other person or misbehave in a manner that causes disruption or obstruction to the education process. Disruption caused by talking, making noises, throwing objects, or otherwise distracting another person, constitutes disorderly conduct. Behavior is considered disorderly if a teacher, after appropriately implementing effective classroom management and preventive behavior strategies as referenced in section 16.2 of this policy, is prevented from starting an activity or lesson, or has to stop instruction to address the disruption.
d. Improper Operation of a Motor Vehicle. A student will not engage in improper parking of a motor vehicle on school property.
e. Inappropriate Displays of Affection. Students will not engage in inappropriate displays of affection, such as kissing or embraces of an intimate nature.
f. Inappropriate Dress and Grooming. A student will not dress or groom in a manner that disrupts the educational process or is detrimental to the health, safety or welfare of others. A student will not dress in a manner that is distractive or indecent, to the extent that it interferes with the teaching and learning process, including wearing any apparel that displays or promotes any drug-, alcohol- or tobacco-related product that is prohibited in school buildings, on school grounds, in school-leased or owned vehicles, and at all school-affiliated functions.
g. Leaving School Without Permission. A student will not leave the school building, classroom, cafeteria, assigned area, or campus without permission from authorized school personnel.
h. Possession of Inappropriate Personal Property. A student will not possess personal property that is prohibited by school rules or that is disruptive to teaching and learning.
i. Tardiness. A student will not fail to be in his/her place of instruction at the assigned time without a valid excuse.
j. Technology Abuse. A student will not violate the terms of West Virginia Board of Education Policy 2460, W.Va. §126CSR41 Safety and Acceptable Use of the Internet by Students and Educators, and Logan County’s Acceptable Use Policy for Students.
k. Tobacco. In accordance with West Virginia Board of Education Policy 2422.5A. W.Va. §126CSR66, (Tobacco-Free Schools) a student will not smoke, use tobacco, or possess any substance containing tobacco in any building/area under the control of a county school system, including all activities or events sponsored by the county school district.
l. Trespassing. A student will not enter upon the premises of the county school system property, other than to the location to which the student is assigned, without authorization from proper school authorities. If removed, suspended, or expelled from school, a student will not return to the school premises without permission of the proper school authorities.
m. Truancy. In accordance with W.Va. §126CSR81, West Virginia Board of Education Policy 4110, Attendance, a student will not fail to report to the school's assigned class or activity without prior permission, knowledge or excuse by the school or by the parent/guardian.
School administrators and staff may use appropriate intervention strategies, as determined by local policies, including, but not limited to, staff and student/parent conferences, auxiliary staff intervention and counseling programs, student programs for conflict resolution and peer mediation, and programs for anger management and violence prevention.
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,
K. Detention: before school, after-school, and/or noon detention. (Saturday detention with parent approval and cooperation may also be effective).
L. Denial of participation in class and/or school activities,
M. Immediate exclusion by teacher from one class period of the school day,
N. Weekend detention,
O. In-school suspension,
P. Out-of-school suspension for up to three days, or
Q. Law enforcement notification.
a. Bullying/Harassment/Intimidation. A student will not bully/intimidate/harass another student. According to W.Va. Code §18-2C-2, "harassment, intimidation or bullying" means any intentional gesture, or any intentional written, verbal or physical act or threat that: (a) a reasonable person under the circumstances should know will have the effect of: (1) harming a student; (2) damaging a student's property; (3) placing a student in reasonable fear of harm to his or her person; or (4) placing a student in reasonable fear of damage to his or her property; or (b) is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.
b. Failure to Serve Assigned Detention. A student will not fail to serve an assigned detention of which students and/or parents/guardian have been notified.
c. False Identification. A student will not use another person's identification or give false identification to any school official with intent to deceive school personnel or falsely obtain money or property.
d. Forgery. A student will not sign the name of another person for the purpose of defrauding school personnel or the Board of Education.
e. Fraud. A student will not deceive another or cause another to be deceived by false or misleading information in order to obtain anything of value.
f. Gambling. A student will not engage in any game of chance or contest wherein money or other items of monetary value are awarded to the winner, except for those games and contests authorized as official school functions.
g. Gang Activity. A student will not, by use of violence, force, coercion, threat of violence, or gang activity, cause disruption or obstruction to the educational process. Gangs are defined as organized groups of students and/or adults who engage in activities that threaten the safety of the general populace, compromise the general community order, and/or interfere with the school district's education mission.
Gang activity includes:
(1) Wearing or displaying any clothing, jewelry, colors, or insignia that intentionally identifies the student as a member of a gang, or otherwise symbolizes support of a gang.
(2) Using any word, phrase, written symbol, or gesture that intentionally identifies a student as a member of gang, or otherwise symbolizes support of a gang.
(3) Gathering of two or more persons for purposes of engaging in activities or discussions promoting gangs.
(4) Recruiting student(s) for gangs.
h. Insubordination/Unruly Conduct. A student will not ignore or refuse to comply with directions or instructions given by school authorities. Refusing to open a book, complete an assignment, work with another student, work in a group, take a test or do any other class- or school-related activity not listed herein, refusing to leave a hallway when requested by a school staff member, or running away from school staff when told to stop, all constitute insubordination/unruly conduct.
i. Loitering. A student will not remain or linger on school property without a legitimate purpose and/or proper authority.
j. Theft or Possession of Stolen Property. A student will not, without permission of the owner or custodian of the property, take property or have in his or her possession property valued less than $100.00 which does not belong to the student.
k. Reprisal or Retaliation 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 of this code of conduct.
l. Falsely reporting violations
of the student code of conduct.
m. Engaging in sexually explicit behavior
n. Violation school bus rules
administrators will use strategies such as conflict resolution or peer mediation
programs. Intervention strategies may also include, but are not limited to, the
following intervention strategies and discipline actions:
A. Any Level I response.
B. Out-of-school suspension for up to ten (10) days.
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 of the school in which the student is enrolled. The principal will address the violation following the procedures outlined in W.Va. Code §18A-5-1a, subsections (b) through (h).
a. Alcohol. A student will not possess, distribute or be under the influence of alcohol in an educational facility, on school grounds, a school bus or at any school-sponsored function.
b. Defacing School Property. A student will not willfully cause defacement of, or damage to, property of the school or others. Actions such as writing in school textbooks or library books, writing on desks or walls, carving into woodwork, desks, or tables, and spray painting surfaces are acts of defacement. Examples of damage to school property include, but are not limited to, ruining bulletin boards, intentionally clogging the plumbing system, breaking light bulbs or fixtures, and damaging school equipment to the point where repair is necessary.
c. Disobeying a Teacher in a Willful Manner. A student will not willfully disobey a teacher. Willful disobedience is distinguished from insubordination/unruly conduct, §7.1.3 (h), in that willful behavior is characterized by disobedience accompanied by an aggressive verbal and/or physical threat.
d. Hazing. A student will not haze or conspire to engage in the hazing of another person. "Hazing" means to cause any action or situation which recklessly or intentionally endangers the mental or physical health or safety of another person or persons to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any activity or organization, including both co-curricular and extra-curricular activities.
e. Improper or Negligent Operation of a Motor Vehicle. A student will not intentionally or recklessly operate a motor vehicle, on the grounds of any educational facility, parking lot, or at any school-sponsored activity, so as to endanger the safety, health or welfare of others.
f. Marijuana (Simple Possession). A student will not possess or be under the influence of marijuana in an educational facility, on school grounds, a school bus or at any school-sponsored function.
g. Physical Altercation. A student will not participate in a physical altercation with another person while under the authority of school personnel.
h. Profane Language. A student will not use profane language directed at a school employee or a student. Using profane language may include, but is not limited to, verbally, in writing, electronically, or with photographs or drawings, direct profanity or insulting, obscene gestures toward any school employee or student.
i. Theft. A student will not, without permission of the owner or custodian of the property, take property or have in his or her possession, property valued at between $100 and $999.
j. Threat of Injury or Injury. A student will not threaten to injure another student, a teacher, administrator or other school personnel. [This includes assault on a school employee defined in W.Va. Code 61-2-15(a)].
k. Drugs. Possession of distribution of prescription drugs, bogus drugs, drug paraphernalia, and medication, including prescription medication not listed as a controlled substance.
l. Instruments, devices or noxious substances. Possession of potentially dangerous or threatening instruments, devices or noxious substances, including but not limited to pepper spray, recreational explosive devices, i.e., fire works, etc., tools, and look-alike weapons, etc. without intent to harm others.
m. Habitual violation of School Rules or Policies. A student will not habitually, as defined by the county, violate school rules or policies. Habitual violation is defined as the violation of Level II and Level III provisions of the Code of Conduct (§7.1.3.and 7.1.5) with sufficient frequency and severity within the same school year as to disrupt the safe operation of school.
n. Inciting a false emergency – including but limited to the pulling of fire alarms or other written or verbal alarms with the intent of disrupting the general operation of school. Note: bomb threats are considered a felony under West Virginia Code §61-6-17 and are considered a Level III violation under §17.1.7(b) of this policy.
a. 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 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-5-1a (b) or (c), the principal 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 Level II Violations.
d. Agency notification, such as the West Virginia Department of Health and Human Resources.
Violations in the Level IV category are consistent with those addressed in W.Va. Code §18A-5-1a (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 and Secondary Education Act of 1965 (ESEA), Public Law 103-382, and require that the principal of the school in which the student is enrolled shall address the violation following the procedures outlined in W.Va. Code §18A-5-1a(a) and (b).
a. Battery on a School Employee. A student will not commit a battery by unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee as outlined in W.Va. Code §61-2-15(b).
b. Felony. A student will not commit an act or engage in conduct that would constitute a felony under the laws of this state if committed by an adult as outlined in W.Va. Code §18A-5-1a(b)(i). Such acts that would constitute a felony include, but are not limited to, arson (W.Va. Code §61-3-1), malicious wounding and unlawful wounding (W.Va. Code §61-2-9), bomb threat (W.Va. Code §61-6-17), sexual assault (W.Va. Code §61-8B-3), terrorist act or false information about a terrorist act, hoax terrorist act (W.Va. Code §61-6-24), burglary (W.Va. Code §61-3-11), robbery (W.Va. Code §61-2-12), and grand larceny (W.Va. Code §61-3-13).
c. Possession of a Controlled Substance. According to W.Va. Code §18A-5-1a(b)(ii), a student will not possess, distribute, or be under the influence of a controlled substance governed by the Uniform Controlled Substances Act as described in W.Va. Code §60A-1-101, et seq., on the premises of an educational facility, at a school-sponsored function or on a school bus.
d. Possession of a Firearm or Deadly Weapon. According to W.Va. Code §18A-5-1a(a), a student will not possess a firearm or deadly weapon as defined in W.Va. Code §61-7-2, on any school bus as defined in W.Va. Code §17A-1-1, or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof, or at any school-sponsored function as defined in W.Va. Code §61-7-11a.
As defined in W.Va. Code §61-7-2, a "dangerous weapon" means any device intended to cause injury or bodily harm, any device used in a threatening manner that could cause injury or bodily harm, or any device that is primarily used for self-protection. Dangerous weapons include, but are not limited to, blackjack, gravity knife, knife, switchblade knife, nunchuka, metallic or false knuckles, pistol, or revolver. A dangerous weapon may also include the use of a legitimate tool, instrument, or equipment as a weapon including, but not limited to, pens, pencils, compasses, or combs, with the intent to harm another. A pocket knife with a blade of three and one-half inches or less shall not be included in the definition of knife as defined in W.Va. Code §61-7-2 unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.
e. Sale of a Narcotic Drug. According to W.Va. Code §18A-5-1a, a student will not sell a narcotic drug, as defined in W.Va. Code §60A-1-101, on the premises of an educational facility, at a school-sponsored function or on a school bus.
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 from school, or 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.
a. 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; or unlawfully possessing a controlled substance governed by the Uniform Controlled Substances Act as described in W.Va. Code §60A-1-101 et seq., on the premises of an educational facility, at a school-sponsored function, or on a school bus, the principal may request that the superintendent recommend to the county board that the student be expelled.
b. If a student has been suspended for battery on a school employee, possession of a firearm or deadly weapon, or sale of a narcotic drug pursuant to W.Va. Code §18A-5-1a, the principal shall, within twenty-four hours, request that the county superintendent recommend to the county board that the student be expelled.
c. Upon such request of the superintendent by a principal, the county superintendent shall recommend to the county board that the student be expelled.
d. 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.
e. Students may be expelled pursuant to W.Va. Code §18A-5-1a for a period not to exceed one school year, provided that a county superintendent may lessen the mandatory one-year period of expulsion if the circumstances of the pupil's case demonstrably warrant such a reduction following the guidelines provided in W.Va. Code §18A-5-1a (i).
f. A county board of education that expels a student, may attempt to establish the student as a "dangerous student" as defined in W.Va. Code §18A-5-1a, at a hearing to determine the expulsion of the student. In a notice to the parent/guardian, the county board shall state clearly whether the board will attempt to establish the student as a "dangerous student" and will include any evidence to support its claim in this notice of the hearing date and time.
g. W.Va. Code §18A-5-1a defines a "dangerous student" as 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 W.Va. §126CSR20, West Virginia Board of Education Policy 2418, Alternative Education Programs for Disruptive Students, 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.
h. A county board that expels a student, and finds that the student is a dangerous student, may refuse to provide alternative education pursuant to the conditions outlined in W.Va. Code §18A-5-1a but must re-evaluate this decision at least every three months.
i. With regard to students with disabilities, nothing in this policy 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.
8. Guidelines for Suspension and Expulsion.
8.1. Suspension is considered a temporary solution to a violation of the Student Code of Conduct 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. A student is entitled to an informal hearing when faced with a suspension of ten (10) days or less. At this hearing, the principal must explain why the student is being suspended, 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 progress and general conduct of the school may be suspended immediately and a hearing held as soon as practical after the suspension. A student may not participate in any school-sponsored activities, or be permitted on school grounds during the period of suspension without permission of school officials. Other procedures the school must follow when dealing with suspensions are outlined in W.Va. Code §18A-5-1 and §18A-5-1a.
8.2. A 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 W.Va. Code §18A-5-1 and §18A-5-1a.
8.3. 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 W.Va. Code §18A-5-1 and §18A-5-1a.
8.4. W.Va. Code §18A-5-1 and §18A-5-1a require mandatory 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 are outlined in W.Va. Code §18A-5-1 and §18A-5-1a.
8.5. According to W.Va. Code §18A-5-1, a teacher or bus driver may exclude from a classroom or bus any student who: is guilty of disorderly conduct; interferes with an orderly education process; threatens, abuses, intimidates or attempts to intimidate a school employee or student; willfully disobeys a school employee; or uses profane or abusive language toward a school employee. Once a student is excluded from the classroom or bus, the student must be referred to the appropriate administrator who will take disciplinary action, notify the parent/guardian in writing of the disciplinary action taken, and provide a copy to the teacher or bus driver before the student is readmitted to class or to the bus.
9. Complaint Procedures.
9.1. All violations of the Student Code of Conduct observed by school employees or by students must be reported to the appropriate personnel for appropriate action to be taken as specified in this policy. Each county/school policy shall designate the individual(s) who will receive complaints about violations of the Student Code of Conduct as indicated in §126-99-7, above. Employee failure to report a violation is addressed in W.Va. Code §126CSR142, West Virginia Board of Education Policy 5310, Performance Evaluation of School Personnel.
9.2. Any person who believes he or she 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 these alleged acts immediately to the building principal or his/her designee as specified in section 7.1 of this policy. The report shall be made in writing by the person receiving the report. 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.
9.3. Upon a report that an employee failed to appropriately respond to a student code of conduct violation, the immediate supervisor shall conduct an investigation within 10 school days. The investigation shall, at a minimum, consist of personal interviews with the complaint, 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 other lawful methods and review of circumstances deemed pertinent by the investigator.
the employee’s immediate supervisor or the Superintendent may impose or
recommend appropriate consequences upon determination that an employee failed to
appropriately respond to a violation of this policy. Deficiencies in this area
shall be noted and addressed in the personnel evaluation process in accordance
with West Virginia Board of Education Policy 5310, W.Va. Code §126CSR142 (
Performance Evaluation of School Personnel) in a manner that promotes
understanding and respect.
10. Investigation Procedures.
10.1. The principal or assistant principal 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, in accordance with this policy section 9.2 above.
10.2. 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 IV violation, a reasonable effort shall be made to contact the student's parent, custodian, or guardian and invite them to be present during such interview unless a delay in the investigation would jeopardize safety of students, staff, or the public. Parental notification and/or attendance is not considered a due process right of a student at any level of violation in this policy. Parental notification is encouraged at Levels II and III and discretionary at Level I.
10.3. The principal shall 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.
10.4. The principal shall determine whether the alleged conduct constitutes a violation of this policy or W.Va. Code §18A-5-1a.
10.5. In determining the appropriate response and/or punishment for a Level I, II, or III violation, the principal, superintendent 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. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
10.6. The investigation will be completed as soon as practicable but no later than ten school days following the reported violation, unless permission has been requested and granted by the West Virginia Department of Education to extend the investigation period. 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 principal or his designee shall enter all substantiated violations of this policy in the student’s disciplinary file on the West Virginia Education Information System (WVEIS). Reports on Level IV violations shall be submitted to the superintendent.
10.7. 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.
10.8. 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.
11. County Board of Education Action and Reporting.
11.1. Upon receipt of a report substantiated by staff observation or by the investigation, the principal, superintendent or local board of education will take appropriate action against those found to have violated section 6 regarding attendance and Level IV violations specified in this policy.
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 county's plan developed pursuant to
section 5 above.
11.3. The principal, superintendent or designee shall promptly enter the required disciplinary data into the West Virginia Education Information System (WVEIS) in order to file the required information with the West Virginia Department of Education of all substantiated reports of all violations of the Student Code of Conduct.
12.1. 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 is in violation of this policy. §7.1.3(k). Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
12.2. Appropriate action against any student, administrator or other school personnel who falsely reports violations of this policy pursuant to section 7.1.3(l)
13. Right to Alternative Complaint Procedures.
13.1. 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.
14. Dissemination of Policy and Training.
14.1. This policy or a summary shall be conspicuously posted throughout each county's/school's facilities in areas accessible to students and staff members. The Student Code of Conduct policy may be posted in, but not limited to, hallways, classrooms, administrative offices, commons areas and gymnasiums.
14.2. This policy, or a summary, shall appear in the student handbook for students in grades 6-12. All other students will be provided a copy of this along with other school rules when they enroll in our schools. It will be addressed at open house, in newsletters and at faculty meetings. This will also be posted on the county web site.
14.3. When a student enters middle/junior high/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 signed copy will be kept by the principal or his/her designee.
14.4. The county board of education will develop and implement training for students and staff on these regulations and on means for effectively promoting the goals of this policy. This training will be implemented age appropriately. There will be parent conferences, faculty reviews, student assemblies (5-12) and small group discussions (K-12). Middle schools will also address in depth this and other school policies in In-School Suspension. The county shall review their policy at least bi-annually for compliance with state and federal law and West Virginia Board of Education policy.
15. Identification of and Classification as a Persistently Dangerous School.
15.1. Pursuant to West Virginia Board of Education Policy 4373 Student Code of Conduct §126-99-16 §16.2, A West Virginia public school will be classified as a Persistently Dangerous School on or before July 1, beginning in 2003, and in each subsequent year, if the school has, for tow consecutive years, substantiated violations of the following offenses that exceed five percent (5%) of the total number of students enrolled in the school based on the school’s second month enrollment:
15.1.1 Battery on a school employee – Section 7.1.7(a) above.
15.1.2 Commission of an act or conduct that would constitute a felony under the laws of the state – Section 7.1.7(b) above.
15.1.3 Possession of a firearm or deadly weapon on any school bus, public, private primary or secondary education building, structure, facility or grounds thereof, or at any school-sponsored function – Section 7.1.7(d) above.
15.1.4 Sale of a narcotic drug – Section 7.1.7(e) above
15.2. Beginning with the 2003-2004 school year, the Logan County Board of Education shall provide targeted technical assistance to any school that has, for two consecutive years, substantiated violations of the offenses set forth in section 15.1 above that exceed three percent (3%) of the total number of students enrolled in the school, based on the second month enrollment.
15.3. Beginning with the 2003-2004 school year, the West Virginia Department of Education must provide targeted technical assistance to any school that has, for two consecutive years, substantiated violations of the offenses set forth in section 16.2 of this policy that exceed three and seventh-five one hundredths percent (3.75%) of the total number of students enrolled in the school, based on the school's second month enrollment.
Beginning with the 2003-2004 school year, a student attending a Persistently
Dangerous School, as defined by the state, or who becomes a victim of a violent
criminal offense, as determined by State law, while in or on the grounds of a
public school that the student attends, shall be allowed to attend an alternate
safe public school within the district.
15.5. Beginning with the 2003-2004 school year, a student who become a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public school that the student attends, shall be allowed to attend an alternative save public school within the district.
Beginning with the 2003-2004 school year,
County schools must notify parents of each student attending the school or
schools that the state has identified as persistently dangerous and offer the
students the opportunity to transfer to a safe public school within the
corrective action plan shall be developed by the district, submitted to the West
Virginia Department of Education, and implemented in a timely manner for any
school designated as persistently dangerous according to West Virginia Board of
Education Policy 4373.
16. Prevention and Intervention Training.
16.1. The West Virginia Department of Education, RESA II, and the Logan County Board of Education shall 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 students 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.
16.2. Classroom teacher are required to implement effective classroom management strategies (WV State Board of Education Policy 5310) which include but are not limited to school-wide preventive discipline programs, the teaching and re-teaching of classroom rules and appropriate behaviors, behavioral management plans when appropriate, and parental support programs, etc.
Student rights will be protected under the due process procedure. (Adopted April 11, 1991) (Amended March 16,1999)
VIII.4.11. Comprehensive Developmental Guidance and Counseling (2315)
Scope. This policy sets the requirements for Pre-K-12 comprehensive developmental guidance and counseling programs for schools in Logan county that reflect the American School Counselor Association National Standards for School Counseling Programs model.
Authority. W.Va. Constitution, Article XII, §2, and W.Va. code §18-2-5 and §18-5-18b.
Filing Date. November 15, 2002
Effective Date. December 15, 2002
Repeal of Formal Rule. This legislative rule repeals and replaces W.Va. 126CSR67 “Comprehensive Developmental Guidance Policy” filed May 14, 1992 and effective September 1, 1993.
The purpose of this policy is to define the components of a comprehensive and developmental guidance and counseling program based on nationally recognized standards, as well as define the direct and indirect counseling services and counseling program service delivery and monitoring guidelines that are to be reflected in the Logan County policy and to be implemented at each school. The nine national standards for school counseling defined in §126-67-4 and §126-67-7 of the state policy link the comprehensive and developmental guidance and counseling program to the county/school academic mission by promoting an integral part of the total educational program, and by helping assure a nurturing and orderly, safe, drug-free, violence-and harassment-free learning environment.
3.1 Logan County and all schools in Logan County will establish and implement comprehensive developmental guidance and counseling programs designed to impart specific skills and learning opportunities in a proactive, preventive manner, ensuring that every student can achieve school success through academic, career, and a personal/social development experiences.
The school guidance and counseling program is comprehensive in scope,
developmental in nature, based on the national standards for school counseling programs, and is delivered by counselors, both individually and in collaboration with other professionals and through programs and activities, to every Logan County student in grades Pre-K-12. The counselor will not cover teachers planning period-the teacher will be invited in the activities.
Developmental school guidance and counseling is for all students, has an organized and planned curriculum, is sequential and flexible, is an integrated part of the total educational process, involves all school personnel, helps students learn more effectively and efficiently, and includes counseling that integrates developmental perspectives that are both age appropriate and issue specific.
Advocacy. Advocacy refers to the active support of causes, ideas or policies that promote and assist student academic, career, personal/social needs. One form of advocacy is the process of actively identifying under-represented students and supporting them in their efforts to perform at their highest level of academic achievement.
Collaboration. Collaboration is a partnership in which two or more individuals or organizations actively work together on a project or problem.
Comprehensive school guidance and counseling curriculum. The comprehensive school guidance and counseling curriculum component consists of structured developmental lessons designed to assist students in achieving the competencies and is presented systematically through classroom and group activities in grades Pre-K-12.
Comprehensive school guidance and counseling program. This program is an integral part of the total educational program that helps every student acquire the skills, knowledge and attitudes in the areas of academic, career and personal/social development that promotes academic achievement and meets developmental needs.
Consultation. Consultation refers to a process in which counselors consult with parents or guardians, teachers, other educators and community agencies regarding strategies to help students and families. School counselors serve as student advocates.
Counseling. Counseling refers to a special type of helping process implemented by a professionally trained and certified person, involving a variety of techniques and strategies that help students explore academic, career and personal/social issues impeding healthy development or academic progress.
Counseling-related administrative activities. These activities include: developing and implementing counseling-related events such as orientation and transition programs, financial aid workshops, career and college planning processes, developmental guidance activities, preventive-focused programs and other student-centered activities; writing letters of recommendation; and coordinating with appropriate school officials to assure the maintenance of student records. Counseling activities of a clerical nature such as data entry, the filing of student records and forms, and the duplication of documents and materials for distribution when combined with counseling-related administrative activities, should not exceed more than 25% of the counselor’s time.
Crisis counseling. Crisis counseling provides prevention, intervention and follow-up. Counseling and support are provided to students and families facing emergency situations. Such counseling is normally short term and temporary in nature, and usually results in a referral made to appropriate community resources. School counselors may provide a leadership role in the school district’s crisis intervention team process.
Individual and small-group counseling. Counseling is provided in a small group or on an individual basis for students expressing difficulties dealing with relationships, personal concerns or normal developmental tasks. Individual and small-group counseling helps students identify problems, causes, alternative and possible consequences in order for appropriate action to be taken. Such counseling is normally short term in nature. When necessary, referrals are made to appropriate community resources.
National standards for school counseling. (See §126-67-7 of this policy. Guidance and counseling program content standards and student competencies.) The nine National Standards for School Counseling are organized in three categories of student development: academic, career and personal/social. These standards provide guidance and direction for states, school systems and individual schools to develop quality and effective school counseling programs. Each of the nine standards includes a list of student competencies that enumerate the desired student learning outcomes. The student competencies define the specific knowledge, attitudes and skills that students should obtain or demonstrate as a result of participating in a school counseling program.
Non-counseling activities. These are described as any activity or duty not related to the development, implementation, or evaluation of the counseling program.
Peer facilitation. A technique in which counselors train students as peer mediators, conflict managers, tutors and mentors.
Program audit. A program audit refers to the assessment of the school counseling program on the components of the American School Counselor Association National Model; the primary purpose for collecting information is to guide future action within the program and to improve future results for students.
West Virginia Comprehensive Developmental Guidance and Counseling Program Guide. This program guide describes West Virginia’s comprehensive developmental guidance and counseling program model and outlines a process for tailoring the model to meet the needs of individual West Virginia districts and schools.
5. Components of a comprehensive developmental guidance and counseling program addressed by Logan County.
The Logan County Schools guidance curriculum consists of structured, developmentally appropriate lessons designed to assist students in the competencies set forth in the American School Counselor Association National Standards (see Section 7 of this policy). The lessons, presented systematically through classroom and group activities in grades Pre-K-12, include, but not limited to, life skills, bullying, goal setting, conflict resolution, personal/social skills, career education, and academic.
The Logan County Schools guidance curriculum is delivered by a professional school counselor working collaboratively with teachers, other appropriate staff members, and community resources. Structured developmental experiences are presented systematically in grades Pre-K-12 through both classroom and group activities.
Elementary School Level 35% to 40%
Middle School Level 25% to 35%
High School Level 15% to 25%
The school counselor and staff collaboratively determine which student competencies are presented based upon need.
Competencies are identified through the use of needs assessments and data desegregation. The needs assessments
and data desegregation may include, but is not limited to data
derived from student personal/social needs survey; drug,
alcohol and tobacco use surveys. Attendance records;
statewide testing program results; retention and course failure
rates; dropout and graduation rates; discipline records
including suspensions, expulsions, safe school violations, and
Individual planning with students
The individual planning component consists of school counselors coordinating ongoing systemic activities designed to assist the individual student in establishing personal goals and developing future plans. Goal setting, career planning, and individual student academic program planning, including course selection and the interpretation and application of assessment information relevant to academic program planning, developing the student education plan, and student portfolios are some of the activities used in individual planning with students.
A system for individual planning provides assistance to students, in collaboration with parents or guardians and other school staff, to develop educational and career plans, as well as personal/social aspirations. It includes assessment, advisement and identification of short-and long-range goals. Activities may include but are not limited to, orientation, open house, Title I parent workshops, parent/teacher conferences, financial aid workshops, developing student education plans, Student Assistance Team Meetings, IEP meetings, advisor/advisee activities. The suggested amount of the school counselor’s total time to be spent on individual student planning is:
Elementary School Level 5% to 10%
Middle School Level 15% to 25%
High School Level 25% to 35%
Students have access to responsive services that assist them in addressing issues and concerns that may affect their personal, social, educational, vocational, and career development.
Responsive services may be provided in a direct format through individual and group counseling, including crisis counseling, or indirectly through consultation, peer facilitation or outside referral. Responsive services may address the following issues, but are not limited to, peer pressure, conflict resolution, family relationships, personal identity issues, grief and loss, suicide, child abuse, substance abuse, school dropout prevention and motivation and achievement concerns.
Classroom teachers, intervention teams, school nurses, school psychologists, social workers, and other appropriate community, county, and school staff work collaboratively to provide responsive services.
The suggested amount of the school counselor’s total time to be spent on responsive services is:
Elementary School Level 30% to 40%
Middle School Level 30% to 40%
High School Level 25% to 35%
The responsive services provided by the school counselor for students with a severe crises are usually short term in nature with the school counselor’s area of responsibility being to refer the student to an appropriate community resource/agency and to serve in a consultative capacity between the resource/agency and the school to assure consistent delivery of services. The school counselor may also assume a major role in developing and serving on a school/community crisis response team.
The system support component consists of the professional development, consultation, collaboration and teaming, and program management and operation activities that establish, maintain and enhance the total school counseling program. System support activities may include, but are not limited to, providing or receiving professional development based on areas needed, collaboration with teachers or other professional staff in relation to student’s needs, organization and evaluation of the counseling program, serving as a member of the school curriculum team, and serving on the Student Assistance Team as appropriate.
The suggested amount of the school counselor’s total time to
be spent on system support is:
Elementary School Level 10% to 15%
Middle School Level 10% to 15%
High School Level 15% to 20%
The school counselor is involved in facilitating discussions on school improvement, examination of data that impacts the success of various groups of students, and in professional development activities for faculty and staff. These discussions may be accomplished through Faculty Senate meetings, staff meetings, PTO meetings, and curriculum team meetings.
Counseling program services, program monitoring, counselor qualifications, and recommended counselor time distribution.
Counselors will spend at least 75% of their time in direct counseling relationship with pupils and devote no more than 25% of their time to counselor-related administrative activities and counseling activities of a clerical nature as defined in State Policy 2315. Counseling related administrative activities include developing and implementing counseling-related events such as orientation and transition programs, financial aid workshops, career and college planning processes, developmental guidance activities, writing letters of recommendation, and coordinating with appropriate school officials to assure the maintenance of student records counseling-related administrative activities, when combined with activities of a clerical nature such as data entry, the filing of student records and forms, and the duplication of documents and materials for distribution, shall not exceed 25% of the counselor’s time.
School counselors are highly qualified as demonstrated by the possession of a master’s degree in school counseling and a school counseling certificate valid in West Virginia.
Student growth and development is monitored by the achievement of the student competencies found in the National Standards for School Counseling and by the demonstration of positive results in the area of school improvement data. Annually the county/school will analyze identified specific student competencies from the complete list of competencies. A needs assessment or review of county/school data will determine the priorities for the year. Data utilized to determine student competencies to be addressed will be reviewed and evaluated annually.
The suggested distribution of the school counselor’s total time shall be as follows:
Delivery System Component
Elementary School % of Time
Middle School % of Time
High School % of Time
35% to 40%
25% to 35%
15% to 25%
Individual Student Planning
5% to 10%
15% to 25%
25% to 35%
30% to 40%
30% to 40%
25% to 35%
Counseling program content standards and student competencies.
Academic development. The content standards for academic development guide the school counseling program to implement strategies and activities to support and enable students to experience academic success, maximize learning through commitment, produce high quality work, and be prepared for a full range of options and opportunities after high school. The academic development area includes the acquisition of skills in decision-making, problem solving and goal setting, critical thinking, logical reasoning, and interpersonal communication and the application of these skills to academic achievement. The school counseling program enables all students to achieve success in school and to develop into contributing members of society. Academic development content standards area.
7.1.1. Standard 1: Students will acquire the attitudes, knowledge and skills that contribute to effective learning in school and across the life span. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will articulate feelings of competence and confidence as learners.
b. Students will display a positive interest in learning.
c. Students will take pride in work and achievement.
d. Students will accept mistakes as essential to the learning process.
e. Students will identify attitudes and behaviors that lead to successful learning.
f. Students will apply time management and task management skills.
g. Students will demonstrate how effort and persistence positively affect learning.
h. Students will use communication skills to know when and how to ask for help when needed.
i. Students will apply knowledge of learning styles to positively influence school performance.
j. Students will take responsibility for their actions.
k. Students will demonstrate the ability to work independently and cooperatively with other students.
l. Students will develop a broad range of interests and abilities.
m. Students will demonstrate dependability, productivity, and initiative.
n. Students will share knowledge.
7.1.2. Standard 2: Students will complete school with the academic preparation essential to choose from a wide range of substantial post-secondary options including college. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will demonstrate the motivation to achieve individual potential.
b. Students will learn and apply critical thinking skills.
c. Students will apply the study skills necessary for academic success at each level.
d. Students will seek information and support from faculty, staff, family and peers.
e. Students will organize and apply academic information from a variety of sources.
f. Students will use knowledge of learning styles to positively influence school performance.
g. Students will become self-directed and independent learners.
h. Students will establish challenging academic goals in elementary, middle/junior high, and high school.
i. Students will use assessment results in educational planning.
j. Students will develop and implement and annual plan of study to maximize academic ability and achievement.
k. Students will apply knowledge of aptitudes and interests to goal setting.
l. Students will use problem-solving and decision-making skills to assess progress toward educational goals.
m. Students will understand the relationship between classroom performance and success in school.
n. Students will identify post-secondary options consistent with interest, achievement, aptitude and abilities.
7.1.3. Standard 3: Students will understand the relationship of academics to the world of work and to life at home and in the community. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will demonstrate the ability to balance school, studies, extracurricular activities, leisure time and family life.
b. Student will seek co-curricular and community experiences to enhance the school experience.
c. Students will understand the relationship between learning and work.
d. Students will demonstrate an understanding of the value of lifelong learning as essential to seeking, obtaining, and maintaining life goals.
e. Students will understand that school success is the preparation to make the transition from student to community member.
f. Students will understand how school success and academic achievement enhance future career and vocational opportunities.
7.2. Career development. The content standards for career development guide the school counseling program to provide the foundation for the acquisition of skills, attitudes and knowledge enabling students to make a successful transition from school to the world of work and from job to job across the life career span. The career development content standards are:
7.2.1. Standard 4: Students will acquire the skills to investigate the world of work in relation to knowledge of self and to make informed career decisions. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will develop skills to locate, evaluate, and interpret career information.
b. Students will learn about the variety of traditional and nontraditional occupations.
c. Students will develop an awareness of personal abilities, skills, interests, and motivations.
d. Students will learn how to interact and work cooperatively in teams.
e. Students will learn to make decisions.
f. Students will learn how to set goals.
g. Students will understand the importance of planning.
h. Students will pursue and develop competency in areas of interest.
i. Students will develop vocational interests.
j. Students will learn to balance work and leisure time.
k. Students will acquire employability skills such as working on a team, problem solving and organizational skills.
l. Students will apply job readiness skills to seek employment opportunities.
m. Students will demonstrate knowledge about the changing workplace.
n. Students will learn about the rights and responsibilities of employers and employees.
o. Students will learn to respect individual uniqueness in the workplace.
p. Students will learn how to write a resume.
q. Students will develop a positive attitude toward work and learning.
r. Students will understand the importance of responsibility, dependability, punctuality, integrity, and effort in the workplace.
s. Students will utilize time and task management skills.
7.2.2. Standard 5: Students will employ strategies to achieve future career success and satisfaction. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will apply decision-making skills to career planning, course selection and career transitions.
b. Students will identify personal skills, interests, and abilities and relate them to current career choices.
c. Students will demonstrate knowledge of the career planning process.
d. Students will know the various ways which occupations can be classified.
e. Students will use research and information resources to obtain career information.
f. Students will learn to use the internet to access career planning information.
g. Students will describe traditional and nontraditional occupations and how these relate to career choice.
h. Students will understand how changing economic and societal needs influence employment trends and future training.
i. Students will demonstrate awareness of the education and training needed to achieve career goals.
j. Students will assess and modify their educational plans to support career goals.
k. Students will use employability and job readiness skills in internship, mentoring, shadowing, and/or other world of work experiences.
l. Students will select coursework that is related to career interests.
m. Students will maintain a career planning portfolio.
7.2.3. Standard 6: Students will understand the relationship between personal qualities, education and training, and the world of work. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will understand the relationship between educational achievement and career success.
b. Students will explain how work can help to achieve personal success and satisfaction.
c. Students will identify personal preferences and interests that influence career choices and success.
d. Students will understand that the changing workplace requires lifelong learning and acquiring new skills.
e. Students will describe the effect of work on lifestyles.
f. Students will understand the importance of equity and access in career choice.
g. Students will understand that work is an important and satisfying means of personal expression.
h. Students will demonstrate how interests, abilities, and achievement relate to achieving personal, social, educational, and career goals.
i. Students will learn how to use conflict management skills with peer and adults.
j. Students will learn to work cooperatively with others as a team member.
k. Students will apply academic and employment skills in work-based learning situations such as internships, shadowing, and mentoring experiences.
7.3. Personal/social development. The content standards for personal/social development guide the school counseling program to provide the foundation for personal and social growth as students’ progress through school and into adulthood. The personal/social development content standards are:
7.3.1. Standard 7: Students will acquire the altitudes, knowledge and interpersonal skills to help them understand and respect self and others. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will develop a positive attitude toward self as a unique and worthy person.
b. Students will identify personal values, altitudes and beliefs.
c. Students will learn the goal setting process.
d. Students will understand change as a part of growth.
e. Students will identify and express feelings.
f. Students will distinguish between appropriate and inappropriate behaviors.
g. Students will recognize personal boundaries, rights, and privacy needs.
h. Students will understand the need for self-control and how to practice it.
i. Students will demonstrate cooperative behavior in groups.
j. Students will identify personal strengths and assets.
k. Students will identify and discuss changing personal and social roles.
l. Students will identify and recognize changing family roles.
m. Students will recognize the rights and responsibilities of all persons.
n. Students will respect alternative points of view.
o. Students will recognize and respect individual ethnic and cultural differences.
p. Students will use effective communication skills.
q. Students will recognize that communication involves speaking, listening and nonverbal behavior.
r. Students will learn how to communicate effectively.
s. Students will learn how to make and keep friends.
7.3.2. Standard 8: Students will make decisions, set goals, and take necessary action to achieve goals. Examples of student competences associated with this standard may include, but are not limited to:
a. Students will use a decision-making and a problem-solving mode.
b. Students will understand consequences of decisions and choices.
c. Students will identify alternative solutions to a problem.
d. Students will develop effective coping skills for dealing with problems.
e. Students will demonstrate when, where, and how to seek help for solving problems and making decisions.
f. Students will know how to apply conflict resolution skills.
g. Students will know when peer pressure is influencing a decision.
h. Students will identify long- and short-term goals.
i. Students will identify alternative ways of achieving goals.
j. Students will use persistence and perseverance in acquiring knowledge and skills
k. Students will develop an action plan to set and achieve realistic goals.
7.3.3. Standard 9: Students will understand safety and survival skills. Examples of student competencies associated with this standard may include, but are not limited to:
a. Students will demonstrate knowledge of personal information (e.g., telephone number, home address, emergency contact).
b. Students will learn about the relationship between rules, laws, safety, and the protection of an individual’s rights.
c. Students will learn the difference between appropriate and inappropriate physical contact.
d. Students will demonstrate the ability to assert boundaries, rights and personal privacy.
e. Students will differentiate between situations requiring peer support and situations requiring adult professional help.
f. Students will identify resource people in the school and community and know how to seek their help.
g. Students will apply effective problem solving and decision-making skills to make safe and healthy choices.
h. Students will learn about the emotional and physical dangers of substance use and abuse.
i. Students will learn how to cope with peer pressure.
j. Students will learn techniques for managing stress and conflict.
k. Students will learn coping skills for managing life events.
8.1 Logan County schools will utilize the school counseling program guide provided by the WV Department of Education as a resource for counseling professional development and planning activities.
8.2 By September 1. 2003, Logan County Board of Education shall submit the Logan County Schools Comprehensive Developmental Guidance and Counseling Policy to the WV Department of Education for approval. The policy shall be reviewed annually and revised as needed by September of each year.
8.3 The Logan County Schools guidance and counseling program shall be aligned with the unified school and county improvement plans. Guidance and counseling needs shall be addressed within these documents.
8.4 School counseling practices shall be assessed annually using data including, but not limited to, attendance, discipline referrals, suspension/expulsion, test scores, retention rates, dropouts, safe school violations, harassment incidences, graduation rates, and tardiness. The results of the assessment will be used to identify guidance and counseling program needs to be addressed in the Unified School Improvement Plan and the Unified County Improvement Plan. Individual schools will develop evaluation methods to be used with the specific student competencies that are identified each year as priorities for each of the three areas; academic, career and personal/social.
VIII.4.12. Bullying, Harassment and Intimidation Policy
VIII.4.12. Bullying, Harassment, and Intimidation
1.1. Scope. This policy sets the requirement for schools and school property in Logan County to be free from all forms of bullying, harassment and/or intimidation.
1.2. Authority. W.Va. Code §18-2C-1 et seq. and 49-6A-2.
1.3. Filing Date: (July 11, 2002)
1.4. Effective Date: (July 11, 2002)
1.5. Repeal of former rule.
2.1. Bullying, harassment, and/or intimidation – Bullying, harassment, and/or intimidation is an intentional gesture, or any written, verbal or physical act, or threat that is sufficiently inappropriate, severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment or that a reasonable person under the circumstances should know will have the effect of:
2.1.1. Harming a student;
2.1.2. Placing a student in reasonable fear of harm to his/her Person;
2.1.3. Damaging a student’s property; or
2.1.4. Placing a student in reasonable fear of damage to his/her m property.
2.2. Persons – the term “persons” as used herein shall include all students, staff members and members of the public.
2.3. Staff Members – The term “staff members,” as used herein shall encompass all employees of the agencies, including volunteers.
3.1. The purpose of this rule is to:
3.1.1 prevent all forms of bullying, harassment, and intimidation toward students in order to protect the academic environment, and
3.1.2. assure that Logan County Schools responds to incidents of bullying, harassment, and intimidation in a manner that effectively deters similar future incidents and affirms respect for individuals.
3.2 Logan County Schools finds that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. Bullying, harassment, or intimidation, like other disruptive or violent behavior, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe, non-threatening environment.
3.3. Logan County Schools shall collaborate with other state and local agencies in carrying out the purpose of this rule.
4. General Statement of Policy.
4.1. This policy applies to all persons on any school property and all persons attending school, school-related activities, or any education- sponsored events, whether held in a building or within or upon other property used or operated by the Logan County Board of Education, or in any other facility being used by the Logan County Board of Education.
4.2 No person on any school property or attending any school-related activity or any education-sponsored event, whether in a building or upon other property used or operated by the Logan County Board of Education, or in any other facility being used by the Logan County Board of Education, shall engage in bullying, harassment, or intimidation. Persons found to have violated this prohibition shall be subject to the penalties in Section 7, Discipline, and any other penalties prescribed by law.
4.3. Any staff member who has or received notice that a student has or likely has been the victim of bullying, harassment, or intimidation is required to immediately report the alleged acts to the designated investigator. Failure to do so shall result in disciplinary action.
5. Complaint Procedures,
5.1. Any student who believes he or she has been the victim of any form of bullying, harassment, or intimidation and any person with knowledge or reasonable belief of conduct which may constitute any form of bullying, harassment, or intimidation toward another student shall report the alleged acts immediately to the designated person as set forth in section 5.2, below. Assistance shall be provided to individuals who need help in filing such complaints. Nothing in this policy shall prevent any person from also reporting bullying, harassment, or intimidation directly to the building principal, the county superintendent, or to the West Virginia Human Rights Commission, a law enforcement agency, or any other appropriate institution or officials.
5.2. Any student assigned to a school who believes he or she has been the victim of any form of bullying, harassment, or intimidation, or any staff member who has knowledge or reasonable belief of conduct which may constitute any form of bullying, harassment, or intimidation toward a student shall report the alleged acts immediately to the building principal, who shall become the designated investigator. In the event that the principal is the alleged harasser, the report may be made to any teacher, who shall forward the complaint directly to the (pick responsible person). who shall become the designated investigator.
5.3. All designated investigators shall be given training by Logan County Schools on an annual basis regarding proper investigation and reporting procedures.
5.4. All reports received alleging any form of bullying, harassment, and/or intimidation shall be reported through the West Virginia Education Information System (WVEIS) to be aggregated and presented by the West Virginia Department of Education to the West Virginia Board of Education annually.
5.5. Under certain circumstances, some forms of bullying, harassment, or Intimidation may rise to the level of child and/or sexual abuse as defined in Chapter 49 of the West Virginia Code. In such situations, all staff members shall comply with the provisions of law for reporting such abuse.
6.1. Upon receipt of a report or complaint alleging any form of bullying, harassment, and/or intimidation, the designated investigator shall immediately undertake or authorize a thorough investigation. Immediate steps shall be taken to protect the complainant pending completion of an investigation of alleged bullying, harassment, or intimidation.
6.2. After the investigator has determined that there are reasonable grounds to believe that an incident of bullying, harassment, and/or intimidation has occurred, the person accused of bullying, harassment, and/or intimidation, or his or her parent(s), custodian(s) or guardian(s), should be notified promptly of the resulting investigation. Likewise, the parent(s), custodian(s), or guardian(s) of any student involved in an incident prohibited pursuant to this policy shall be notified promptly.
6.3. 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 lawful methods and review of circumstances deemed pertinent by the investigator.
6.4. The investigation shall be completed forthwith. The designated investigator shall cause the findings of the investigation to be set forth in a written report. The report shall include a determination of whether the allegations have been substantiated and whether the actions are violations of this policy.
6.5. The result of the investigation of each complaint filed under these procedures shall be reported in writing by the designated investigator to the subject of the complaint or his/her legal guardian as well as the complainant or his/her legal guardian.
7.1. In determining both the appropriate school or county response and/or the appropriate punishment for the perpetrator, the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved, and the context in which the alleged incidents occurred shall be considered. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
7.2. If the results of the investigation support disciplinary action, appropriate disciplinary action may include, but is not limited to, warning, written reprimand, suspension, exclusion. expulsion, and/or termination to be determined at the discretion of the designated investigator and/or the superintendent as provided in this section. In matters where a student is the perpetrator, the principal shall determine the appropriate response and/or punishment after consulting with the superintendent. In matters where the perpetrator is an employee of Logan County Schools, the immediate supervisor shall forward his or her recommendations to the superintendent, who shall have final authority in determining the appropriate response and/or punishment.
7.3. Any staff member found to be in violation of this policy shall have the investigation report placed in his/her personnel file along with any and all records concerning action taken as a result of such violation of policy. Those same records shall be immediately transmitted to the State Superintendent of Schools.
8.1. 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 shall be vigorously protected and violations of such confidentiality may themselves be grounds for disciplinary action.
8.2. Any information related to a reported incident of bullying, harassment or intimidation is exempt from disclosure under West Virginia Code § 298-1-1, et seq.
9. Reporting to West Virginia Department of Education.
9.1. The superintendent of Logan County Schools, or his or her designee, shall immediately file a report with the West Virginia Department of Education of any allegations of bullying, harassment, and/or intimidation via WVEIS.
9.2. Upon conclusion of the investigation, the superintendent of Logan County Schools, or his or her designee, shall file a report, or update his or her initial report, with the West Virginia Department of Education indicating whether or not the allegations were substantiated and outlining every action taken in response to any report, via WVEIS.
9.3. The superintendent of Logan County Schools or the Logan County Board of Education shall also initiate such other action as is appropriate to prevent recurrences of bullying, harassment, or intimidation and adequately protect students in accordance with this policy.
10.1. Logan County Schools shall develop discipline procedures with which to take appropriate action against any person who retaliates against another person for reporting alleged bullying, harassment, or intimidation or for testifying, assisting, or participating in an investigation, or for testifying, assisting, or participating in a proceeding or hearing relating to such bullying, harassment, or intimidation. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.
11. Right To Alternative Complaint Procedures.
11.1. This policy does not deny the right of any person 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.
12. Dissemination of Policy and Training.
12.1. This policy, or a summary hereof, shall be conspicuously posted throughout all Logan County schools and facilities in areas accessible to all persons. Further a copy of the policy shall appear in any student handbook and in any county board publication that sets forth the comprehensive rules, procedures, and standards of conduct for schools.
12.2. A legible copy of this policy, or a summary thereof, must be disseminated to students and parents, custodians, or guardians of students along with an explanation of how to report violations of the policy by (Date) of each year.
12.3. Logan County Schools shall develop and implement training for students and staff members concerning this policy, its implications, and means for effectively promoting the goals of this policy. (Adopted July 11, 2002) (Revised July 1, 2003) (Revised December 18, 2003)
VIII.4.9. SATURDAY SCHOOL
It is our belief that suspending a child from school for misconduct may help others in the class, but for that child it is basically an unsound educational practice. It would probably be a more productive measure if we could turn the suspension into a learning experience for the student and the parent. In keeping with this idea and the suspension data from the 1996-97 school term, it is hereby proposed that a Saturday School Program for this purpose be developed for the middle schools, junior high and high schools of Logan County.
PURPOSE AND PHILOSOPHY
This is a proposal for a Saturday School Program which will give students an opportunity to make up classwork they miss during suspensions or other unexcused absences from school.
Since the passing of the Safe Schools Act of 1995 violations of school regulations have made a strong increase. Each year more students are taken out of the school system through suspensions and expulsions. These suspensions are considered unexcused absences and are the responsibility of the student and the parent.
When unexcused absences accumulate they result in a truancy petition being filed against the student, but the unexcused absences are never made up. The educational process of the students is totally interrupted with no facility for correction. This program should serve as that facility.
Emphasis in this program will be placed on early intervention in order to deal with the problem before the unexcused absences become excessive and valuable classwork is missed.
It is our belief that the unexcused absences caused by student suspensions take a heavy toll on the normal operation of the school system as well as the student's educational process. Suspensions, though they may be necessary due to student misconduct, bring a negative influence to the educational system.
We also believe that the Saturday school setting will provide the school system with a facility that will give the student a positive influence in a negative situation. It will permit the student to serve the suspension and make up the work and time without interrupting the educational process.
The Saturday School Program will also lessen the possibility of a truancy petition being filed against the student. A petition would not allow any chance to recover time and work.
It has been determined from available student data that suspensions constitute a large portion of student absenteeism. These absences are unexcused and considered illegal. WVC 18-8-8 states that a child suspended for failure to comply with school requirements and regulations is treated as unlawfully absent. Any person having legal or actual control of such child shall be liable for prosecution for the absences of such child from school' provided that the county board does not exclude or expel the suspended child.
WVC 18-8-5 states that if the principal determines that an enrolled pupil has accumulated unexcused absences for five instructional days, the principal shall contact the parent/guardian of the pupil and hold a meeting. This conference is held to resolve the problem of unexcused absences.
At this conference the principal shall explain the parent's liability under
WVC 18-8-8 and the possibility of a student petition being filed in Juvenile Court. The child should be then referred to the Saturday School Program.
WVC 18-8-4 states that the attendance director and assistants shall take such steps as are in their discretion best calculated to correct attitudes of parents and pupils which result in absences from school even though not clearly in violation of law.
Referring students with unexcused absences to the Saturday School Program would, in our opinion, be a definite step to correct student and parental attitudes about unexcused absences.
LOCATION, TIME AND STAFFING
This program will be located in each of the three high schools in the county. The students involved will be those students enrolled at Chapmanville High School, Chapmanville Middle School, Logan High School, Logan Middle School, Man High School and Man Junior High School in grades ranging from five through twelve.
The program will operate on Saturday between the hours of 8:00 a.m. and 2:00 p.m.
There will be one instructor employed at each high school with student capacity limited to available seating.
The Student's Responsibility
The student will be responsible for obtaining make up work form each subject teacher.
The student will satisfactorily complete the assignments in Saturday school and turn the work in to the proper subject teacher.
The student must maintain acceptable conduct while assigned to Saturday school
The student must be on time for Saturday school. Tardiness will result in extra time being assigned to the student in Saturday school.
The student is responsible for following all the rules and regulations set up for the Saturday school.
The Parent's Responsibility
The parent of a student who has been suspended from school or who has at least two unexcused absences has the responsibility to meet with the principal when contacted.
The parent has the responsibility to cooperate with the school in resolving the suspension and the unexcused absences. This includes placement of the student in Saturday school.
The parent is responsible for the student's transportation to and from the Saturday School Program.
The parent is responsible for the regular school attendance of the student and the attendance in Saturday school.
The parent is responsible for working with the Logan County School System to help alleviate problems which may cause suspensions and unexcused absences.
The Saturday School lnstructor's Responsibility
The instructor is responsible for tutoring and assisting the students with assignments.
The instructor is responsible for seeing that students complete assignments.
The instructor is responsible for keeping accurate records of the student's time in the Saturday School Program.
The instructor is responsible for reporting the time made up by the student to the home school principal.
The instructor is responsible for strict discipline.
The instructor is responsible for following the rules and regulations of the Saturday School Program.
The Classroom Teacher's Responsibility
The regular classroom teacher will be responsible for informing the students about the Saturday School Program.
The teacher is responsible for informing the student of the need to make up suspensions and unexcused absences in Saturday school and the rules and regulations concerning suspensions and unexcused absences.
The teacher is responsible for keeping accurate records of the student's unexcused absences and if they are made up in Saturday school.
The teacher will determine if the student has made up the work satisfactorily. If not, he/she will notify the principal. The student will then be reassigned to Saturday school.
The Principal's Responsibility
The principal will be responsible for informing the teachers about the Saturday school and ensuring that all parents and students are given all available Saturday school information.
The principal will be responsible for taking Saturday school referrals from teachers for students who have been suspended for two days or have at least two unexcused absences.
The principal will be responsible for holding a meeting with the parents and the students to resolve the problems of unexcused absences and suspensions.
The principal will be responsible for explaining the consequences of suspensions and unexcused absences and signing an agreement with the parent and the student to do make up work in Saturday school.
If the parent and student refuse to sign the agreement, the principal will refer the student to the attendance director when the student has accumulated five unexcused absences.
The principal will have the discretion of deciding whether the nature of the offense is such that the student must be suspended rather than attend Saturday School. The principal must document the reasons for his/her actions.
The student has the right to appeal the principal's action in this decision through the student grievance process.
SUSPENSION SATURDAY SCHOOL
Tardiness - 4th offense 1 day
Tardiness - 5th offense 1-3 days
Disruptions - 2nd offense 3 days
Destruction of Personal Property 3 days
Stealing 3 days
Throwing Objects 3 days
Skipping School 3 days
Forgery 1 day
Vulgarity 1-3 days
Gambling 1-3 days
Revised: October 6, 1998 (Reviewed August 26, 1999)
PARENT GUARDIAN NOTIFICATION OF SATURDAY
SCHOOL PROGRAM PLACEMENT
BASED ON REFERRAL
The administration and staff have reviewed your son's/daughter's school record and have found him/her to be in violation of Logan County Schools' student policies and in violation of WVC 18-8-8 and WVC 18-8-5. As a result of the violation of these rules and regulations, it is the recommendation of this administration and staff that your child attend the Saturday School Program located at _______________________________.
Transportation to and from the Saturday School Program is the responsibility of the parent/guardian.
Discussed and agreed upon _______________________________________________
Principal Signature ______________________________________________________
Parent/Guardian Signature _______________________________________________
Student Signature ______________________________________________________ Revised: October 6, 1998 (Reviewed August 26, 1999)
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