Outline of the state of West Virginia
State
West Virginia
Addressed

Category
Bullying Policy—Review and Update

Category
Bullying Policy—Review and Update

State law addresses accountability by requiring districts to review and update anti-bullying policies and/or to submit policies to the state for review and approval.

West Virginia Administrative Code 164-1-3. Severability

The Policy and Procedures Handbook has been updated several times to react to the needs of the educational community served. The 2019 revisions of this handbook include a major reorganization to provide a sequential arrangement of procedures, a consolidation of forms, and a user-friendly approach for all LEAs, architects, and contractors. The Handbook will always be a living document and the needs of the students and staff of West Virginia schools will always drive the School Building Authority to strive for excellence in educational planning in our state. 206.035. Training/Drills for Staff and Students The School Access Safety Plan for each school and the School Safety Committee recommendations shall be reviewed during the Local School Improvement Council (LSIC) meetings at least annually or as items for discussion occurs. Schools are encouraged to cooperate with other schools to provide staff training regarding school access safety. All teachers and administrators should be aware of the county policies regarding school safety. Students should be provided with age appropriate training regarding the procedure they should follow in the event of an emergency. Additionally, the student code of conduct established by the county should be reviewed by the school staff and the school safety committee. Student and parental responsibilities regarding the prevention of harassment, intimidation, and bullying in schools should be reviewed and updated annually. Local boards should solicit the West Virginia State Police, local law enforcement, and emergency service trainers to advise teacher and students regarding their participation in the overall improvement of school access safety. Scheduled lockdown drills and communication capabilities in cooperation with local law enforcement are also encouraged to prepare students and staff for unauthorized intrusion on school property, should measures fail. Existing school safety training may be used to fulfill these requirements; however, school access training derived from input of the School Access Safety Audit must be incorporated into the training.

Policy Type
Regulation

West Virginia Code 18-2C-3. Policy prohibiting harassment intimidation or bullying.

(a)  Each county board shall establish a policy prohibiting harassment, intimidation or bullying. Each county board has control over the content of its policy as long as the policy contains, at a minimum, the requirements of subdivision (b) of this section. The policy shall be adopted through a process that includes representation of parents or guardians, school employees, school volunteers, students and community members.

(b)  Each county board policy shall, at a minimum, include the following components:

  • (1)  A statement prohibiting harassment, intimidation or bullying of any student on school property, a school bus, at a school bus stop or at school sponsored events;
  • (2)  A definition of harassment, intimidation or bullying no less inclusive than that in section two [§18-2C-2] of this article;
  • (3)  A procedure for reporting prohibited incidents;
  • (4)  A requirement that school personnel report prohibited incidents of which they are aware;
  • (5)  A requirement that parents or guardians of any student involved in an incident prohibited pursuant to this article be notified;
  • (6)  A procedure for documenting any prohibited incident that is reported;
  • (7)  A procedure for responding to and investigating any reported incident;
  • (8)  A strategy for protecting a victim from additional harassment, intimidation or bullying, and from retaliation following a report;
  • (9)  A disciplinary procedure for any student guilty of harassment, intimidation or bullying;
  • (10)  A requirement that any information relating to a reported incident is confidential, and exempt from disclosure under the provisions of chapter twenty-nine-b [§§29B-1-1 et seq.] of this code; and
  • (11)  A requirement that each county board shall input into the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) described in section twenty-six [§18-2-26], article two of this chapter, and compile an annual report regarding the means of harassment, intimidation or bullying that have been reported to them, and the reasons therefor, if known. The West Virginia Department of Education shall compile the information and report it annually beginning July 1, 2012, to the Legislative Oversight Committee on Education Accountability.

(c)  Each county board shall adopt the policy and submit a copy to the State Superintendent of Schools by December 1, 2011.

(d)  To assist county boards in developing their policies, the West Virginia Department of Education shall develop a model policy applicable to grades kindergarten through twelfth. The model policy shall be issued by September 1, 2011.

(e)  Notice of the county board's policy shall appear in any student handbook, and in any county board publication that sets forth the comprehensive rules, procedures and Standard of conduct for the school.

Policy Type
Statute