6.1. Each county's attendance policy shall address the following components: 6.1.a. Philosophy: A philosophy declaring the board's intent to increase attendance by: 6.1.a.1. creating a positive safe environment conducive to learning and committed to helping students develop responsibility, self-discipline, and other good work habits. 6.1.a.2. developing a system enlisting parental/guardian support for daily school attendance by students. 6.1.b. Principles of Operation: County school districts are responsible for: 6.1.b.1. appointing a designated school attendance coordinator (principal or designee) who collects classroom attendance data and makes appropriate referrals to the county attendance director. 6.1.b.2. reporting student attendance information which reflects the allowable deductions as defined by the WVBE. 6.1.b.3. defining excused and unexcused absences in compliance with W. Va. Code § 18-8-1 and § 18-8-2, and attendance in W. Va. 126CSR42, WVBE Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510); provided, however, that no county may require more than a parental excuse for absences resulting from a documented chronic medical condition or a documented disability as defined in § 126-81-4.9. and § 126-81-4.10. 6.1.b.4. defining extenuating circumstances for absences which may require homebound/hospital instruction as outlined in Policy 2510. 6.1.b.5. setting reasonable preventive measures and consequences for student tardiness. 6.1.b.6. county attendance policy will be posted on a county school district's website and readily available to the public. 6.1.b.7. assuring that a student may not be suspended solely for failure to attend class. Other methods of discipline may include, but are not limited to, detention, extra class time, or alternative class settings. 6.1.b.8. reporting all school dropouts to the WVDE. 6.1.c. Development of Processes and Procedures: County school districts are responsible for: 6.1.c.1. developing a process to notify students and their parents/guardians of the county attendance policy and their responsibility and accountability for regular school attendance. 6.1.c.2. developing procedures and reasonable timelines requiring students with excused and unexcused absences to make up school work. 6.1.c.3. requiring a student maintain satisfactory attendance (satisfactory being defined as no unexcused absences) during one complete semester following the revocation of his/her driver's license. 6.1.c.4. developing an attendance appeal process for students and parents/guardians. 6.1.d. Maintenance of Records: Accurate attendance records and related documentation shall be maintained for every student enrolled in public school. 6.1.d.1. An up-to-date daily register/record of attendance for every student must be maintained. 6.1.d.2. There must be written procedures for: 1) notifying parents/guardians about absences; 2) monitoring absences; and 3) notifying the county attendance director of an unexcused absence. 6.1.d.3. Students who are physically absent from school must be documented as absent. This record may become a legal document. 6.1.e. Preventive and Corrective Measures: designed to meet the developmental needs of students, preventive, and corrective measures should include developing: 6.1.e.1. preventive and educational procedures including: incentives to maintain and improve attendance and reduce tardiness. 6.1.e.2. procedures for notification of parents/guardians of absences and procedures for securing parent/guardian involvement to improve student attendance. 6.1.e.3. procedures for providing adequate counseling for issues related to attendance. 6.1.e.4. procedures for interagency involvement. 6.1.e.5. alternative plans and programs that are positive in nature and encourage improved school attendance. 6.1.e.6. assurances that students with a pattern of excessive absenteeism are referred to appropriate student assistance teams/programs (Policy 2510) for appropriate intervention(s), and that these interventions have been reviewed to determine effectiveness.

Chapter 6: PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS

Section 2. Guidelines for Specific Responses to Inappropriate Behavior

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 to three school days, but may extend to ten school days.

Chapter 6: PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS

Section 2. Guidelines for Specific Responses to Inappropriate Behavior

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 to three school days, but may extend to ten school days.

(a) The teacher shall stand in the place of the parent(s), guardian(s) or custodian(s) in exercising authority over the school and has control of all students enrolled in the school from the time they reach the school until they have returned to their respective homes, except that where transportation of students is provided, the driver in charge of the school bus or other mode of transportation shall exercise such authority and control over the students while they are in transit to and from the school. (b) Subject to the rules of the State Board of Education, the teacher shall exclude from the school any student known to have or suspected of having any infectious disease, or any student who has been exposed to any infectious disease, and shall immediately notify the proper health officer or medical inspector of the exclusion. Any student so excluded may not be readmitted to the school until he or she has complied with all the requirements of the rules governing those cases or has presented a certificate of health signed by the medical inspector or other proper health officer. (c) The teacher may exclude from his or her classroom or school bus any student who is guilty of disorderly conduct; who in any manner interferes with an orderly educational process; who threatens, abuses or otherwise intimidates or attempts to intimidate a school employee or a student; who willfully disobeys a school employee; or who uses abusive or profane language directed at a school employee. 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. The Legislature finds that isolating students or placing them in alternative learning centers may be the best setting for chronically disruptive students. The county board shall create more alternative learning centers or expand its capacity for alternative placements, subject to funding, to correct these students' behaviors so they can return to a regular classroom without engaging in further disruptive behavior. (d) The Legislature finds that suspension from school is not appropriate solely for a student's failure to attend class. Therefore, a student may not be suspended from school solely for not attending class. Other methods of discipline may be used for the student which may include, but are not limited to, detention, extra class time or alternative class settings. (e) Corporal punishment of any student by a school employee is prohibited. (f) Each county board is solely responsible for the administration of proper discipline in the public schools of the county and shall adopt policies consistent with the provisions of this section to govern disciplinary actions. These policies shall encourage the use of alternatives to corporal punishment, providing for the training of school personnel in alternatives to corporal punishment and for the involvement of parent(s), guardian(s) or custodian(s) in the maintenance of school discipline. The county boards shall provide for the immediate incorporation and implementation in the schools of a preventive discipline program which may include the responsible student program and a student involvement program which may include the peer mediation program, devised by the West Virginia Board of Education. Each county board may modify those programs to meet the particular needs of the county. The county boards shall provide in-service training for teachers and principals relating to assertive discipline procedures and conflict resolution. The county boards also may establish cooperatives with private entities to provide middle educational programs which may include programs focusing on developing individual coping skills, conflict resolution, anger control, self-esteem issues, stress management and decision making for students and any other program related to preventive discipline. (g) For the purpose of this section: (1) “Student” includes any child, youth or adult who is enrolled in any instructional program or activity conducted under board authorization and within the facilities of or in connection with any program under public school direction: Provided, That, in the case of adults, the student-teacher relationship shall terminate when the student leaves the school or other place of instruction or activity; (2) “Teacher” means all professional educators as defined in section one [§ 18A-1-1], article one of this chapter and includes the driver of a school bus or other mode of transportation; and (3) “Principal” means the principal, assistant principal, vice principal or the administrative head of the school or a professional personnel designee of the principal or the administrative head of the school. (h) Teachers shall exercise other authority and perform other duties prescribed for them by law or by the rules of the State Board not inconsistent with the provisions of this chapter and chapter eighteen [§§ 18-1-1 et seq.] of this code.