West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-023 - Substance Abuse And Tobacco Control (2422.5) › Section 126-23-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. These
				regulations apply to any person present in or upon any property owned, leased
				or operated by the West Virginia Department of Education, West Virginia Board
				of Education, a county board of education or a Regional Education Service
				Agency (hereinafter RESA); to any person present at any education-sponsored
				event; to any person present on a school bus or other vehicle used for a school
				related event or other school/county or RESA function; to any person present at
				any school-sponsored activity or event, whether the activity or event is held
				on school grounds, in a building or other property used or operated by a county
				board of education, RESA or the West Virginia Department of Education, West
				Virginia Board of Education or in any other facility or upon any other property
				being used by any of these agencies.
3.2. No person shall at any time possess,
				distribute or use any alcohol product or illegal substance in any area defined
				in Section 3.1 of this policy.
3.3.
				No person shall, at any time, possess drug paraphernalia as defined in W. Va.
				Code §
									47-19-3,
				in any area defined in Section 3.1 of this policy. In addition, students shall
				not, at any time, possess tobacco paraphernalia in areas defined in Section 3.1
				of this policy.
3.4. No person
				shall at any time distribute or use any tobacco product in any area defined in
				Section 3.1 of this policy. In addition, students shall not possess at any time
				any tobacco product in areas or situations defined in Section 3.1. or at any
				school or county sponsored event or school-related event.
3.5. Individuals supervising students off
				school grounds are prohibited from distributing or using alcohol, tobacco
				products or illegal substances in the presence of students and/or at any time
				while engaged in activities directly involving students.
3.6. No school or board of education
				property, as defined in Section 3.1 of this policy, or school, county, RESA or
				state publication may be used for the advertisement of any tobacco or alcohol
				product.
3.7. Groups using areas
				described in Section 3.1 shall sign agreements with the county board of
				education or RESA agreeing to comply with this policy and to inform students,
				parents and spectators by public address systems that this policy remains in
				force on evenings, weekends and any other time that school is not in session. A
				summary of this policy shall be attached to all requests for use of school
				facilities.
3.8. Students who
				behave in a manner that does not promote a nurturing, orderly and safe
				environment conducive to learning or who violate the terms of this policy will
				be subject to the disciplinary actions as outlined in Policy 4373.
3.9. This policy does not supercede any
				rights granted to special education students by federal or state law or other
				West Virginia Board of Education policies.