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abilities 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.
4101.16 Guidelines for Suspension and Expulsion
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 he/she should not be
suspended. However, a student whose conduct is detrimental to the progress and general con-
duct 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 permit-
ted 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.
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.
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.
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 deal-
ing with an expulsion are outlined in W.Va. Code §18A-5-1 and §18A-5-1a.
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 abu-
sive 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 disci-