Ability to effect positive behavior in disruptive students;. Successful experience in providing education to troubled or disruptive youth;. Specialized training or experience in non-traditional programs; and. Licensure - A teacher assigned to deliver the academic subjects within an alternative education program must possess a West Virginia professional teaching certificate in any area.
A Temporary Authorization valid for one year shall be granted to the successful candidate s for the alternative education program position s. The employing county superintendent must verify that the applicant possesses the required competencies. The Temporary Authorization may be renewed each year based on the applicant's continued employment in an alternative education program. Day-School Programs - Absent expulsion, a student attending an alternative education day school program shall have the opportunity to receive a full-time instructional program and full instructional day.
Unless otherwise required by law, regulation, or court order, transportation services for such programs are at the discretion of the county board of education.
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Units of Credit - County boards of education shall grant units of credit for work satisfactorily completed in an alternative education program. Units of credit based upon mastery of performance criteria may be granted as an alternative to the standard units of credit.
Program Completion - Students may complete an alternative education program in one of the following manners:. Fulfillment of the criteria for re-entry into the regular school program;.
Completion of regular high school graduation requirements and awarding of a regular high school diploma from the home county school of referral;. Completion of identified performance criteria leading to a high school diploma; or. Accountability for Results : County boards of education establishing alternative education programs shall conduct an annual evaluation of the effectiveness of the program s. The evaluation of the effectiveness of alternative education programs shall focus upon the impact of the program on student performance and results using indicators such as: academic gains; reduction in dropout rates; reduction in incidences requiring disciplinary action; improvement in attendance rates; rates of successful program completion and return to the regular school program; rates of successful completion of vocational training programs; rates of successful completion of high school graduation or attainment of a GED; and rates of successful job placement and job retention.
The WVDE shall review compliance with alternative education requirements and the effectiveness of alternative education programs through monitoring and review of the electronic County Strategic Plan. The alternative education program shall be evaluated on the basis of its stated goals and the provisions of this policy. Police have the responsibility to enforce laws in order to protect all citizens. Police can enter schools if they suspect a crime has been committed, if they have a warrant for an arrest or search, or if their assistance has been requested by school officials.
It is the duty of the school officials, teachers, and students to cooperate with the police and each other to ensure that the rights of all involved persons are respected. Prevention Resource Officers PRO : PRO Officers are certified police officers, working as full time officers who have been assigned to work full time within a public school during the school year. Police Conducting an Investigation in the Schoo l : During a criminal investigation, if a student is to be questioned by the police, or by school officials in the presence of the police, the school administration should cooperate with the police and help to ensure that the privacy of the student is protected.
Chapter When incidents of inappropriate behavior are witnessed by school staff, the behavior shall be addressed consistently in accordance with the Interventions and Consequences outlined in Chapter 4 and with the school implementation plan.
However, incidents of inappropriate behavior do not always occur in the presence of school employees and are reported to school authorities after the behavior has occurred. All inappropriate behaviors observed by students or public guests must be reported to the appropriate personnel for appropriate action to be taken as specified in the county policy and school implementation plan. Each county policy and school implementation plan shall designate the individual s who will receive complaints about inappropriate behaviors indicated in Chapter 4.
County boards of education shall develop procedures to assure that any person who believes he or she has been the victim of an Inappropriate behavior as outlined in Chapter 4 or any person with knowledge or belief of conduct which may constitute a violation of Policy has an identified mechanism to report the alleged acts immediately to the appropriate official s designated by the county policy and school implementation plan.
Nothing in this policy shall prevent any person from reporting violations directly to the county superintendent, as appropriate, or to the West Virginia Human Rights Commission , or to a law enforcement agency. County Boards of Education shall develop appropriate procedures for investigating, reporting, responding, and devising consequences for the failure of an employee to appropriately respond to violations Policy , in accordance with WVBE Policy - Performance Evaluation of School Personnel in a manner that promotes understanding and respect.
Nothing in this policy shall prevent any person from reporting harassment or violence directly to the county superintendent, RESA executive director or the state superintendent, as appropriate, or to the West Virginia Human Rights Commission , or to a law enforcement agency. All alleged incidents of harassment or violence observed by faculty or staff must be reported to the designated investigator and appropriate action should be taken as specified in Section 2 of this Chapter.
In such situations, the county board of education shall comply with the provisions of law for reporting such abuse.
The individual s designated by the county policy and school implementation plan to investigate, shall upon receipt of a report or complaint immediately undertake or authorize an investigation. The investigation 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.
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The investigation may also consist of any other methods and review of circumstances deemed pertinent by the investigator. Parental notification is encouraged at Level 2 and discretionary at Level 1. Determine whether the alleged conduct constitutes a violation of this policy. Immediately take such reasonable steps as necessary, to protect the complainant, students, teachers, administrators or other personnel pending completion of an investigation of an alleged policy violation. Assure that the investigation will be completed as soon as practicable but no later than ten school days following the reported violation.
A report shall be provided to the principal which includes a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. 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. The county board of education shall develop discipline procedures to take appropriate action against any student or employee who retaliates against any person who reports alleged violations or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such violations.
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Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Likewise, the county board of education shall develop a disciplinary process to take appropriate action against any student, administrator or other school personnel who falsely reports violations of this policy. Chapter 6. Interventions and Consequences of Inappropriate Behavior. It is the intent of the WVBE for schools to be pro-active and preventive in their approach to student behavior. Out-of-school suspension strategies should be used sparingly and shall never deny a student access to instructional material and information necessary to maintain academic progress.
Out-of-school suspension is not a recommended optional consequence or intervention for Level 1 behaviors; however, the determination of interventions and consequences is at the discretion of the school administrator for Level 1 , Level 2 , and Level 3. 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.
Any student excluded shall be placed under the control of the principal of the school or a designee. The excluded student may be admitted to the classroom or school bus only when the principal, or a designee, provides written certification to the teacher that the student may be readmitted and specifies the specific type of disciplinary action, if any, that was taken.
If the principal finds that disciplinary action is warranted, he or she shall provide written and, if possible, telephonic notice of the action to the parent s , guardian s or custodian s. When a student is excluded from a classroom or a school bus two times in one semester, and after exhausting all reasonable methods of classroom discipline provided in the school discipline plan, the student may be readmitted to the classroom or the school bus only after the principal, teacher and, if possible, the parent s , guardian s or custodian s of the student have held a conference to discuss the student's disruptive behavior patterns, and the teacher and the principal agree on a course of discipline for the student and inform the parent s , guardian s or custodian s of the course of action.
Thereafter, if the student's disruptive behavior persists, upon the teacher's request, the principal may, to the extent feasible, transfer the student to another setting. Suspension : The purpose of suspension is to protect the student body, school personnel and property, the educational environment, and the orderly process of the school. Suspension is considered a temporary solution to inappropriate behavior until the problem that caused the suspension is corrected.
The length of a suspension should be short, usually one 1 to three 3 school days, but may extend to ten 10 school days.
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Direct supervision means school personnel are physically in the same location as students under their supervision. Settings may include other locations within the school building or removal to another school, such as an alternative school, provided the student remains in direct supervision of school personnel.
The student is not under direct supervision of school personnel as defined under in-school suspension. A student is entitled to an informal hearing when faced with an out-of-school suspension of ten 10 days or less. However, a student whose conduct is detrimental to the safety of the school may be suspended immediately and a hearing held as soon as practical after the suspension.
The county superintendent of schools or designee must be notified and preferably in writing of the time and conditions pertaining to the suspension. A student that is suspended from school may not participate in any school-sponsored activities, and is not permitted on school grounds during the period of suspension.
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A student may not be suspended from school solely for not attending class. An out-of-school suspension of more than ten ten days requires a formal hearing before the county board of education. Students are entitled to be represented or advised during the proceedings by a person or persons of their choosing, including legal counsel. Students are entitled to be given reasonable time to prepare for the hearing.
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. Procedures that must be followed when dealing with an expulsion include:. The county board of education must hold a hearing regarding the recommended expulsion.
This notice must be given far enough in advance for the student to have time to prepare an adequate defense against the charges. The student has the right to be represented by an attorney at the hearing at their own expense. The student has the right to present witnesses in their behalf, to hear the testimony of witnesses against them, and to question the witnesses against them. If the board of education decides that the charges against a student do not warrant his or her expulsion from school, the student may remain in school or return to school without being subjected to punishment or harassment.
In all expulsion hearings, fact shall be found by a preponderance of the evidence. Expulsion by the board of education is final. If the State Superintendent finds that the board's decision to expel the student was properly made, then the expulsion will stand unless overturned by a court. When considering exclusion from the bus or suspension or expulsion from school or the bus for students with disabilities, students not yet determined eligible for special education i.
The WVEIS provides schools with the platform to report all incidents of inappropriate behavior at the classroom level and above.
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