West Virginia - Firearms/Weapons on School Campuses: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Regulation
Summary: 

State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA) and adds student supports and protections.

West Virginia Administrative Code 126-99. EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

Chapter 4: INAPPROPRIATE BEHAVIOR AND MEANINGFUL INTERVENTIONS AND CONSEQUENCES

Section 5. Alternative Education for Disruptive Students

  • Eligibility for Placement in Alternative Education Programs - Students may be placed in alternative education programs for:
      1. violations of the W. Va. Code § 18A-5-1a;
      1. repeated violations of the county's discipline policy following documented multiple behavioral interventions by the Student Assistance Team at the referring school; and
      1. continuation of educational services during periods of suspension.

West Virginia Administrative Code 126-99. EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

Chapter 6: PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS

Section 2. Guidelines for Specific Responses to Inappropriate Behavior

W. Va. Code §§ 18A-5-1 and 18A-5-1a requires mandatory out-of-school 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 include:
a. The student and parent(s)/guardian(s) must be given a written statement of the specific charges against the student.
b. The county board of education must hold a hearing regarding the recommended expulsion.
c. The student and parent(s)/guardian(s) must be given a written notice of the time and place of the board of education hearing at which the expulsion will be considered. This notice must be given far enough in advance for the student to have time to prepare an adequate defense against the charges.
d. The student and parent(s)/guardian(s) have the right to be present at the board hearing and to defend against the charges.
e. The student has the right to be represented by an attorney at the hearing at their own expense.
f. 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.
g. 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.
h. In all expulsion hearings, fact shall be found by a preponderance of the evidence.
i. Expulsion by the board of education is final. However, if a student or parent/guardian believes that the student was not given procedural due process, they may appeal to the State Superintendent of Schools. 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.


West Virginia Administrative Code 126-99. EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

Chapter 3: PLANNING FOR POLICY IMPLEMENTATION

Section 4: Responsibilities of Schools

W. Va. Code Requirements for Schools:

W. Va. Code School Requirements
§61-7-11a Possessing deadly weapons on premises of educational facilities; reports by school principals… The principal shall report any unlawful or unauthorized possession of a firearm or deadly weapon discovered by such principal to the appropriate local office of the division of public safety as soon as possible, per W. Va. Code §61-7-11a, after the principal becomes aware of such unlawful or unauthorized possession.
Policy Links: