WV SB199

Teachers may exclude students from classrooms for disorderly conduct, threats, abuse, intimidation, willful disobedience, or profane language directed at school employees, with readmission requiring a behavioral plan developed by a school counselor, social worker, psychologist, or behavior interventionist.

For grades K-6 and pre-K students displaying violent, threatening, or intimidating behavior, schools must conduct functional behavioral assessments and implement evidence-based behavioral plans, with placement in behavioral intervention programs or licensed behavioral health agencies if progress is inadequate after two two-week evaluation periods.

County boards must create alternative learning centers, expand alternative placement capacity, or partner with licensed behavioral health agencies to address chronically disruptive students, who must meet regularly with qualified behavioral specialists to develop transition plans back to regular classrooms.

For grades 6-12, students exhibiting disorderly conduct may be excluded from a classroom for the remainder of the instructional day, and removal three times in one month triggers in-school suspension, out-of-school suspension, or possible alternative placement.

The State Board of Education must adopt a statewide disciplinary policy by rule, though counties demonstrating positive educational progress with existing policies may apply for waivers; the bill takes effect July 2, 2025.