reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-021 - Cardiopulmonary Resuscitation Instruction (2422.13) › Section 126-21-3 - Resolution

Current through Register Vol. XLI, No. 28, July 12, 2024
BE IT THEREFORE RESOLVED THAT, Beginning with the school year
				  1979-80, and provided voluntary agency certified trainers are available, county
				  boards of education are encouraged to provide the necessary training in
				  cardiopulmonary resuscitation instruction to high school seniors where and when
				  possible.
BE IT FURTHER RESOLVED THAT, The West Virginia Department of
				  Education, working with county continuing education councils, regional
				  education service agencies, and appropriate voluntary organizations pursue a
				  plan for implementing cardiopulmonary resuscitation instruction for students,
				  grades eight (8) through twelve (12).
BE IT FURTHER RESOLVED THAT, Cardiopulmonary resuscitation
				  instructional techniques be included in the essential competencies and learner
				  outcomes being developed in physical and health education, so that be school
				  year 1980-81 that cardiopulmonary resuscitation instruction be available for
				  all students prior to high school graduation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-021 - Cardiopulmonary Resuscitation Instruction (2422.13) › Section 126-21-4 - Disposition

Current through Register Vol. XLI, No. 28, July 12, 2024
All students are required to complete one (1) unit of
				  physical education and one (1) unit of health prior to
				  graduation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule establishes the standards and guidelines for driver
				education programs in West Virginia.
1.2. Authority. -- W. Va. Constitution,
				Article XII, §2; and W. Va. Code §§
									18-2-5,
				18-6-1,
				and 18-8-11, et seq.
1.3. Filing
				Date. - August 11, 2022.
1.4.
				Effective Date. - September 12, 2022.
1.5. Repeal of Former Rule. - This
				legislative rule amends W. Va. §126CSR22, Policy 2422.2, Driver Education
				Regulations, filed October 14, 2021, and effective November 15, 2021, and
				repeals W. Va. 126CSR84, Policy 4150, Student Driver Eligibility Certificate,
				filed May 13, 2021, and effective July 1, 2021.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. W. Va.
				Code §
									18-6-4, et seq.,
				authorizes the West Virginia Board of Education (WVBE), with the advice of the
				State Superintendent of Schools (State Superintendent), to promulgate rules
				governing the establishment, conduct, and scope of driver education in public,
				private, and parochial secondary schools located within the state, subject to
				the requirements and exceptions set forth in W. Va. Code.
2.2. There shall be offered in all public
				secondary schools within the state, without charge to the students, an
				approved, comprehensive course in driver education. The course may be offered
				in summer school in addition to the regular instructional term. Before
				graduating from a secondary school, students shall be provided an opportunity
				and encouraged to successfully complete a driver education course approved by
				the WVBE. In those counties where, sufficient public secondary school driver
				education courses are not available to meet all requests for the course, county
				boards of education (county board) shall, as quickly as possible, make
				sufficient courses available to fill those requests.
2.3. The following standards shall be
				applicable for all driver education courses offered and made available to
				students within the state, regardless of whether the courses are offered by
				public, private, or parochial schools.
2.4. W. Va. Code §
									18-8-11,
				authorizes the WVBE, to promulgate a rule outlining compulsory school
				attendance and academic progress as a condition of licensing for the privilege
				of operation of a motor vehicle.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-3 - Standards for an Approved Course

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The driver
				education course shall be organized and designed in such a manner that is
				equivalent to or surpasses the following requirements.
3.1.a. Minimum and preferred requirements of
				the driver education course:
3.1.a.1.
				classroom instruction of 50 hours (66 hours preferred);
3.1.a.2. in-car observation of 10 hours (18
				hours preferred); and
3.1.a.3.
				in-car practice driving of six hours or the equivalent according to the
				established and universally recognized ratio when simulation and multiple car
				instruction ranges are utilized.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-4 - Standards for an Approved Teacher

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The State
				Superintendent may issue a professional teaching certificate in driver
				education to applicants and teachers who meet the requirements for licensure
				and employment as an approved driver education teacher, as set forth in W. Va.
				§126CSR136, Policy 5202, Minimum Requirements for the Licensure of
				Professional/Paraprofessional Personnel and Advanced Salary Classifications.
				Failure to meet any of the conditions specified below may result in refusal,
				recall, suspension, or revocation by the State Superintendent.
4.1.a. An educator possessing a professional
				teaching certificate in driver education:
4.1.a.1. has held a valid motor vehicle
				operator's license for the past five years without interruption;
4.1.a.2. possesses good health and is free
				from impairments that would adversely affect the safety of students and the
				general public;
4.1.a.3.
				demonstrates a satisfactory driving record by submitting a certified copy of
				the driving record from the Department of Motor Vehicles in each state where
				the teacher has been licensed during the past five years;
4.1.a.4. has not accumulated more than nine
				points on the applicant's driving record at any time during the past five
				years; and
4.1.a.5. has not been
				convicted and/or had a driving suspension or revocation of license on a charge
				of operating a motor vehicle while under the influence of alcohol, controlled
				substance, any other drugs, or the combination thereof; or by clear and
				convincing evidence, including but not limited to, and has not operated a motor
				vehicle while under the influence of same as established by a preponderance of
				evidence, such as a positive breath or blood test, or field sobriety test,
				notwithstanding the lack of a conviction or driving license suspension or
				revocation;
4.1.a.5.A. such individual shall
				not be licensed to teach driver education for at least two years subsequent to
				the first instance of conduct set forth in section 4.1.a.5. For the second
				instance, licensure shall be refused permanently.
4.1.a.6. waivers are not applicable to
				section 4.1.a.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-5 - Driver Education Temporary Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The State
				Superintendent may issue a temporary permit or other certificate for the
				purpose of providing instruction in driver education to an individual who does
				not qualify for a professional certificate under section 4.1 subject to the
				requirements found in W. Va. Code §
									18-6-2.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-6 - Standards for Summer Driver Education Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A summer
				driver education program shall consist of the same structured learning
				experiences required during the regular school term. All driver education
				regulations are applicable to the summer program with the exception that the
				summer program shall be conducted over a period of not less than five
				weeks.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-7 - Duty to Report

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A county
				superintendent who knows of any acts on the part of a driver education
				instructor for which a certificate or permit may be revoked shall report the
				same, together with all facts and evidence, to the State
				Superintendent.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-8 - Accidents

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any
				accident involving the driver education vehicle shall be reported by the driver
				education teacher and handled by the county board immediately. If the incident
				involves student and/or teacher injury, it shall be reported to the WVDE Legal
				Services unit as soon as possible. All accidents shall be reported within five
				days to the WVDE Legal Services unit. In the event the driver education teacher
				is incapacitated and cannot report, the principal or principal's designee shall
				fulfill this responsibility.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-9 - Insurance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Driver
				education teachers and cars shall be covered by county board secured liability
				coverage in an amount proportionate to coverage for its school bus fleet and
				school bus operators.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-10 - Student Transfers Prior to Course Completion

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When a
				student transfers to another school within the state prior to completing the
				course, appropriate records shall be forwarded to the new school. These records
				shall include course content/units of instruction completed and driving time
				and performance records. An out-of-state student shall provide documentation,
				on the sending school's letterhead, specifying the nature and hours of
				instruction, observation, behind-the-wheel driving, and whether satisfactory
				performance in each was attained by the student.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-11 - Commercial Driving Schools and Courses from Other States

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. As
				provided in W. Va. Code §
									18-6-8,
				commercial driving schools and courses from other states may be accepted by the
				WVBE if the requirements of section 3 are met.
11.2. The county board is not required to
				offer driver education to a student who has successfully completed a
				WVBE-approved driver education course.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-12 - Students with Physical Disabilities

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. When students
				with physical disabilities are eligible for the laboratory phase of the course,
				driver education vehicles and simulators in the schools when they are used
				shall be equipped with appropriate devices to enable the students to
				successfully accommodate their physical disability.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-13 - Program Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Certain
				data and information pertinent to the effective administration of the driver
				education program, the needs of other relevant and cooperating state agencies
				and national organizations shall, when requested, be reported to the
				WVDE.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-14 - Driver Education Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. High School
				Driver Education Certificates and Adult Driver Education Certificates shall, in
				the judgment of the driver education teacher, be awarded to students
				demonstrating mastery of recommended course skills and content and a
				satisfactory level of driving performance.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-15 - Use of Driver Education Vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Those county
				boards securing dealer-loaned or leased vehicles shall use such vehicles only
				in compliance with an approved contract between the county board and car
				dealer. Dealer-secured vehicles shall be used for driver education purposes
				only.
15.2. County boards owning
				their driver education vehicle(s) shall establish a policy regarding the use of
				the driver education vehicle for any purpose other than teaching driver
				education during the school day or hours of the school day that the driver
				education program is scheduled. If the vehicle is used for any purpose other
				than driver education, any identification as a Student Driver or Driver
				Education shall either be covered or removed.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-16 - Specifications for Identification of Driver Education Cars

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Identification on any driver education car shall be visible to other drivers
				from all directions. It should indicate clearly that the car is being used for
				driver education and/or being operated by a student driver.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-17 - Motor Vehicle Driver's License Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. School
				Attendance. When a student at least 15 but less than 17 years of age withdraws
				from school or fails to maintain satisfactory academic progress, the attendance
				director or chief administrator shall notify the West Virginia Division of
				Motor Vehicles (DMV) of the student's withdrawal no later than five days from
				the date of the withdrawal.
17.1.a. Withdrawal
				from School. When a student accrues more than 10 consecutive days or 15 total
				days of unexcused absences during a school year or is suspended from school
				pursuant to W.Va. Code §
										18A-5-1a
				and §18A-5-1a(b).
17.1.b.
				Satisfactory Academic Progress. Student attains and maintains grades that will
				allow graduation and course work in an amount of time sufficient to allow
				graduation in five years or by age 19, whichever is earlier. This calculation
				includes the minimum annual earning of five credits to be on track to graduate
				in five years based on the graduation requirements set forth in W. Va.
				§126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for
				Education Programs (Policy 2510). Three of the five credits earned annually
				must be from the graduation requirements identified in Policy 2510.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-022 - Regulations for Driver Education and Student Licensing (Policy 2422.2) › Section 126-22-18 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. If any
				provision of this policy or the application thereof to any person or
				circumstances is held invalid, such invalidity shall not affect other
				provisions or applications of this policy.
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 126-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				policy sets the requirements for students in West Virginia schools to be
				educated in an alcohol, tobacco and drug free climate that supports student
				academic achievement and personal-social development. This policy is to be read
				in conjunction with W. Va. 126CSR99, West Virginia Board of Education Policy
				4373: Student Code of Conduct (hereinafter Policy 4373), W. Va. 126CSR27, West
				Virginia Board of Education Policy 2422.8: Medication Administration, W. Va.
				126CSR8, West Virginia Board of Education Policy 1461: Drug-Free Workplace, W.
				Va. 126CSR142, West Virginia Board of Education Policy 5310: Performance
				Evaluation of School Personnel and W. Va. 126CSR44E, West Virginia Board of
				Education Policy 2520.5: Health Content Standards and Objectives for West
				Virginia Schools (hereinafter Policy 2520.5).
1.2. Authority. -- W. Va. Constitution,
				Article XII, §2, W. Va. Code §§
									16-9A-4,
				16-9A-9,
				18-2-5,
				18-2-5a,
				18-2-7b,
				18-2-9,
				18-5-13,
				18A-1-1,
				18A-5-1,
				18A-5-1a,
				and
				61-7-2.
1.3. Filing Date. -- May 16, 2005.
1.4. Effective Date. -- July 1,
				2005.
1.5. Repeal of Former Rule.
				-- This policy repeals and replaces W. Va. 126CSR23, West Virginia Board of
				Education Policy 2422.5: Substance Abuse Policy, filed December 27, 1982 and
				effective February 27, 1983 and repeals W. Va. 126CSR66, West Virginia Board of
				Education Policy 2422.5A: Tobacco Control, filed April 13, 1998 and effective
				May 13, 1998.
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 126-23-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The purpose of
				this policy is to provide preventive and protective measures for addressing
				substance abuse and prohibiting the use or distribution of alcohol, tobacco and
				other drugs within school settings and activities. This policy is intended to
				promulgate a positive, pro-active approach to the control of alcohol, tobacco
				and other drugs.
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 126-23-4 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. "Alcohol"
				means any substance containing an intoxicating element.
4.2. "ATOD" means Alcohol, Tobacco and Other
				Drugs. ATOD is used to refer to the use of all substances including, but not
				limited to, alcohol, tobacco, inhalants, marijuana, cocaine, LSD, PCP,
				amphetamines, heroin, steroids, look-alikes and/or any other of those
				substances commonly referred to as designer drugs.
4.3. "Distribution" means the sale, giving,
				transfer, delivery, trade or exchange in any manner of any ATOD.
4.4. "Drug" means any substance that acts on
				the central nervous system to alter behavior(s) and/or thought
				processes.
4.5. "Illegal substance"
				means any drug which is not legally obtained and/or any drug being used by a
				person other than the person for whom it was prescribed and/or for a purpose
				contrary to which the drug was intended for medical therapy and/or against the
				recommendation(s) of the manufacturer.
4.6. "Paraphernalia" means drug paraphernalia
				as defined by W. Va. Code §
									47-19-3
				and any item, thing or device used for the facilitation or administration of
				tobacco products or other illegal substances.
4.7. "Possession" means the presence of ATOD
				or paraphernalia, in any amount, on the person or body, or under the general
				direction or control, of an individual found in or upon the premises described
				in Section 3.1. Possession shall include, but is not limited to, presence of
				ATOD or paraphernalia in a school locker or backpack or in or on any other item
				owned or under the general direction or control of any individual found in or
				upon the premises described in Section 3.1.
4.8. "Public" means any individual accessing
				school property or programs for business, activities, conferences, visitation
				or other activities as defined in Section 3.1.
4.9. "School" means any building, ground(s)
				or other property including automobiles or other vehicles owned or operated by
				the county board of education, RESA, West Virginia Department of Education or
				West Virginia Board of Education.
4.10. "School staff" means those individuals
				employed full time, part time or on contract with any county board of
				education, RESA, West Virginia Department of Education or West Virginia Board
				of Education.
4.11. "Student" means
				anyone who is enrolled in public school or enrolled in an educational program
				on board of education property.
4.12. "Tobacco product" means any items
				containing the leaves of cultivated tobacco plants, in any form or amount,
				dried and processed. Products include, but are not limited to cigarettes,
				cigars, snuff, spit tobacco, smokeless tobacco or pipe tobacco.
4.13. "Use" means ingestion, injection,
				absorption or inhalation of an illegal substance or being under the influence
				of said substance.
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 126-23-6 - Policy Review

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each
				county/RESA shall review its substance abuse and tobacco control policy every
				two years and make appropriate modifications as necessary.
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 126-23-7 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If any
				provision of this rule or the application thereof to any person or circumstance
				is held invalid, such invalidity shall not affect other provisions or
				applications of this rule.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-024 - Inclusion Of Inter-Ethnic Concepts And Instructional Techniques Into School Curricula (2422.6) › Section 126-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules requires inclusion of inter-ethnic and inter-cultural
				concepts in all curriculum areas in the Comprehensive Educational
				Program.
1.2. Authority. -- W. Va.
				Code '18-2-5.
1.3. Filing Date. -- December 27,
				1982.
1.4. Effective Date. --
				December 27, 1982.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-024 - Inclusion Of Inter-Ethnic Concepts And Instructional Techniques Into School Curricula (2422.6) › Section 126-24-2 - Rationale

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Board of Education recognizes the pluralistic nature of American
				Society.
2.2. Minority and ethnic
				group contributions are an inextricable part of the total growth and
				development of this nation.
2.3.
				Education must perpetuate these contributions as an essential part of the
				American heritage.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-024 - Inclusion Of Inter-Ethnic Concepts And Instructional Techniques Into School Curricula (2422.6) › Section 126-24-3 - Incorporation of Concepts

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Therefore, be it resolved that those persons responsible for the operation of
				public school systems move immediately to insure that inter-ethnic and
				inter-cultural concepts be incorporated in an adequate and factual way in all
				curriculum areas included in the Comprehensive Educational Program.
3.2. Be it further resolved that practical
				instructional techniques and activities designed to translate such concepts
				into valid life experiences for all students be introduced immediately into the
				operational programs of said school systems.
3.3. The West Virginia Board of Education
				takes note of the fact that a Technical Assistance Unit is no operational in
				the Department of Education. One of the primary purposes of this unit is to
				provide to school systems consultation and assistance in the area of curriculum
				development to insure the inclusion of minority and ethnic group contributions
				in said curriculum content and in the total educational process.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025 - ANTI-HAZING POLICY (2425) › Section 126-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This
				policy forbids liazing in public school sponsored student organizations and
				activities.
1.2. Authority-W.Va.
				Constitution, Article XII, §2; W.Va. Code §
									18-2-5
				and §
									18-2-33.
1.3. Filing Date. - July 16, 1999
1.4. Effective Date. - August 15,
				1999
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025 - ANTI-HAZING POLICY (2425) › Section 126-25-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Board of Education recognizes that all students need a safe,
				disciplined environment that meets their educational needs. This policy
				prohibits hazing in public schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025 - ANTI-HAZING POLICY (2425) › Section 126-25-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Definition -
				"Hazing" means to cause any action or situation which recklessly or
				intentionally endangers the mental or physical health or safety of another
				person or persons or causes another person or persons to destroy or remove
				public or private property for the purpose of initiation or admission into or
				affiliation with, or as a condition for continued membership in, any
				organization operating under the sanction of or recognized as an organization
				by a school operated by a county board of education.
3.2. Hazing Examples - Whipping, beating,
				branding, forced calisthenics, exposure to the elements, forced consumption of
				any food, liquor, drug or other substance, mental stress, including but not
				limited to, sleep deprivation, forced exclusion from social contact, forced
				conduct which could result in extreme embarrassment, any forced activity which
				could adversely affect the mental health or dignity of the individual,
				including but not limited to performance of embarrassing and/or required
				stunts, wearing costumes, speaking in a harassing manner, interrogating new
				members, lineup, scavenger hunt, kidnapping, personal services, authority over
				new members, anything that tends to diminish the self-esteem or dignity, or
				categorize the new member and/or member as a second-class citizen.
3.3. Co-Curricular Activities - Activities
				tliat are closely related to identifiable academic programs and/or areas of
				study that serve to complement academic curricula such as band, band camp,
				drama club, student council, or newspaper staff.
3.4. Extra-curricular Activities - Activities
				that are not related to academic programs such as sports, pep rallies, and
				chess clubs.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025 - ANTI-HAZING POLICY (2425) › Section 126-25-4 - Program Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All
				hazing in public school sponsored student organizations or activities,
				including co-curricular and extra-curricular activities, is strictly forbidden.
				Students violating this policy will be subject to disciplinary procedures which
				may include suspension and possible expulsion.
4.2. Each county board of education shall
				inform ail students and school personnel that hazing activities are strictly
				forbidden and students may be subject to disciplinary procedures.
4.3. Principals may temporarily suspend from
				school any student who fails to abide by the anti-hazing policy.
4.4. County boards of education may expel
				from school any student who fails to abide by the anti-hazing policy.
4.5. Each county board of education shall
				develop appropriate disciplinary procedures to investigate alleged violations
				of this policy. County boards of education may use any existing procedure such
				as that developed for implementation of Policy 2421.
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West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule establishes standards for certified school registered
				nurses (RNs), licensed practical nurses (LPNs), and other qualified school
				personnel to address student health needs. This rule also establishes standards
				for possession and use of medical cannabis by students.
1.2. Authority. -- W. Va. Constitution,
				Article XII, §2, W. Va. Code §§
									16A-15-5(1),
				18-2-5,
				18-5-22,
				18-5-22a,
				18-5-22b,
				18-5-22c(a)-(j),
				18-5-22d,
				18-2K-1,
				30-7-1, et
				seq., and 30-7A-1, et seq.
1.3.
				Filing Date. -- August 11, 2022.
1.4. Effective Date. - September 12,
				2022.
1.5. Repeal of Former Rule.
				-- This legislative rule amends W. Va. 126CSR25A, Policy 2422.7, Standards for
				Basic and Specialized Health Care Procedures (Policy 2422.7), filed May 13,
				2021, and effective July 1, 2021.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Good
				health is essential to student learning. This policy establishes the standards
				that follow students with health care needs, including medication
				administration for students and the possession and use of medical cannabis by
				students in the West Virginia public education system. In addition to the
				standards outlined in this policy, county boards of education (county board)
				must comply with the Basic and Specialized Health Care Procedure Manual for
				West Virginia Public Schools designed for use by certified school RNs in West
				Virginia to assure the safe, consistent provision of health care guided by the
				laws and practice standards for West Virginia nurses as referenced in W. Va.
				Code §
									30-7-1, et
				seq. and § 30-7A-1, et seq. and by the West Virginia Board of Examiners
				for Registered Professional Nurses and the West Virginia State Board of
				Examiners for Licensed Practical Nurses. This policy shall not impact the
				operating procedures of School-Based Health Centers. It is not the intent of
				this policy to interfere with existing policies and procedures of health care
				providers managing School-Based Health Centers. County boards shall develop or
				amend policies to meet or exceed the standards outlined in W. Va. Code and this
				policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-4 - Training and Certification for Designated School Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Training
				Program. School personnel, who provide basic and/or specialized health care
				procedures for students with special health needs, shall undergo training and
				demonstrate competency in the performance of required training outlined in
				section 4.1. In addition, applicable basic and/or specialized training will be
				required for all school personnel performing health care procedures.
4.1.a. Required Training. All personnel
				defined in section 3.24 must be trained in:
4.1.a.1. handling and disposal of body
				fluids;
4.1.a.2. basic first
				aid;
4.1.a.3. CPR; and,
4.1.a.4. confidentiality.
4.1.a.4.A. School personnel performing basic
				health care procedures may be exempt from the required training of first aid
				and CPR if deemed unnecessary by the certified nurse RN, e.g., medication
				administration for a one-time school-related event/field trip.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-5 - System for School Admission and Care

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For students
				needing specialized health care procedures, the certified school RN shall
				assess the student, review the licensed prescriber's order, and assure
				implementation of needed health and safety procedures. This assessment shall be
				completed before initial school attendance and following any absence during
				which a health condition may have changed, necessitating
				reevaluation.
5.2. The licensed
				prescriber's orders are kept on file in the student's permanent educational
				record. These orders are valid for a maximum of one school year unless changed
				by the licensed prescriber.
5.3.
				Certified school RNs shall utilize the most current West Virginia Board of
				Examiners for Registered Professional Nurses Guidelines for Determining Acts
				that May be Delegated or Assigned by Licensed Nurses as the mechanism for
				determining assignment and/or delegation of any aspect of basic and/or
				specialized health care.
5.4.
				Certified school RNs shall validate and document student knowledge and skills
				related to prescribed medication self-administration.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-6 - Health Care Plan and Emergency Action Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All students
				receiving specialized health care procedure(s) during the school day and
				school-related events shall require a health care plan.
6.2. The certified school RN shall prepare
				the health care plan based on assessment of the student and/or a written order
				by a licensed prescriber and in collaboration with the parent/guardian. The
				health care plan may be shared with other school personnel for legitimate
				educational reasons as indicated in The Family Education Rights and Privacy Act
				(FERPA) (20 U.S.C. §
										1232g; 34 CFR Part 99 ) such as, but not
				limited to, Individualized Education Program (IEP) Team, Section 504 of the
				Rehabilitation Act of 1973 (Section 504) Team, Student Assistance Team
				meetings, classroom teachers providing oversight and care to the student, and
				Medicaid billing, etc.
6.3. The
				health care plan shall guide the certified school RN's care of the student. The
				certified school RN will develop and revise the health care plan using best
				practices such as North American Nursing Diagnosis Association International
				nursing diagnosis. The health care plan will be reviewed and revised on an
				annual basis or as necessary with any change in the student's condition or
				provider's order.
6.4. The plan
				shall include:
6.4.a. nursing
				assessment;
6.4.b. nursing
				diagnosis;
6.4.c. goals and
				expected outcomes;
6.4.d.
				interventions; and
6.4.e.
				evaluation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-7 - Quality Assurance

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In
				consultation with the Commissioner of the Bureau for Public Health as outlined
				in W. Va. Code §
									18-5-2(c) and
				(j), the Basic and Specialized Health Care
				Procedure Manual for West Virginia Public Schools shall be utilized as the
				minimum standard for safe practice.
7.1.a. As
				medical practices change and new technology develop, other valid nursing
				resources may be used to ensure the standard of practice and safety of student
				care. The resources may include the Lippincott Manual of Nursing Practice by
				Williams and Wilkins and Managing the Chronic Health Needs in Child Care and
				Schools by the American Academy of Pediatrics.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-8 - School Health Records

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Confidentiality and release of student health information and records shall be
				protected and maintained as outlined in W. Va. 126CSR94, Policy 4350,
				Procedures for Collection, Maintenance and Disclosure of Student Data and
				FERPA.
8.2. An individual record
				will be maintained for each student needing a specialized health care
				procedure. It will include the date and time the procedure was performed, any
				notes on events and/or interactions, and the person's signature
				performing/supervising the procedure.
8.3. Certified school RNs and LPNs must use
				standardized nursing terminology when recording nursing notes to establish care
				standard documentation.
8.4.
				Student health records are educational records under FERPA guidelines.
8.4.a. Health records are considered highly
				confidential and access to it is decided among county and school teams
				including the school RN.
8.4.b.
				Storage of health records must ensure confidentiality and access as allowable
				by FERPA including legitimate educational reasons required by the Student
				Assistance Team (SAT), Section 504, IEP, student's classroom teacher, school
				bus operator, and others as determined by the county and school
				teams.
8.4.c. Student health
				records must be maintained two years from completion of the student's
				education.
8.4.d. Records to verify
				the implementation of federally funded programs and services and to demonstrate
				compliance with program requirements must be maintained in compliance with the
				appropriate regulations.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-11 - Medication Storage, Inventory, Access, and Disposal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Each
				school shall designate space in the building to store student medication at the
				correct temperature, in a secure, locked, clean cabinet or refrigerator, as
				required. Schools shall maintain epinephrine auto-injectors in a secure,
				unlocked location accessible to only certified school RNs, health care
				providers, and authorized nonmedical personnel and not by students. Special
				considerations may include transportation of medications on school buses with
				provisions specified for storage of medication, safety, and the return of
				medication to school.
11.2. All
				medication shall be entered on a medication inventory and routinely monitored
				for expiration and disposal.
11.3.
				Access to medications shall be under the school principal's authority in
				conjunction with the certified school RN assigned to that school.
11.4. An appropriate supply of long-term and
				emergency prescribed medication may be maintained at the school in amounts not
				to exceed school dosages within each calendar month.
11.5. School personnel shall dispose of
				unused or expired medicine unclaimed by the parent/guardian no later than 30
				days after the parent/guardian medication authorization expires or on the last
				day of school, whichever comes first.
11.6. Medication disposal shall be done in a
				manner in which no individual has access to any unused portion. Two individuals
				shall witness the medication's disposal and the two individuals shall document
				the procedure on the appropriate form related to the specific
				student.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-12 - Emergency Medication

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The West
				Virginia Registered Nurses Board and W. Va. Code allows for the delegation of
				specific prescribed emergency medication. There are emergency medications that
				can only be administered by licensed nurses, such as, but not limited to,
				intranasal midazolam and intravenous clotting factor. The following emergency
				medications have been approved for school RNs to determine the ability to
				delegate, train, and continuously supervise school personnel to administer when
				a diagnosis and order are in place and the school RN or LPN is not available to
				provide such care:
12.1.a. glucagon;
12.1.b. epinephrine;
12.1.c. albuterol or other emergency asthma
				medication;
12.1.d. opioid
				antagonist; and
12.1.e. certain
				seizure medication can only be delegated to unlicensed school personnel if
				ordered by the student's physician and the certified school RN provides the
				final determination to allow delegation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-13 - Student Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Students
				are entitled to the assignment of qualified personnel.
13.2. FERPA affords students the right to
				privacy, dignity, respect, and courtesy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-14 - Medical Cannabis

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A
				parent/guardian of any student who has been issued a medical cannabis
				identification card by the West Virginia Department of Health and Human
				Resources, Bureau for Public Health, and who has been issued a physician
				certification to use medical cannabis as part of the treatment of a serious
				medical condition, shall notify the school principal before medical cannabis
				may be administered on or in school property or at a school-related
				event.
14.2. Such notification
				shall be on a form that shall include the name of the student and the name and
				contact information for the student's caregiver.
14.3. In addition to such notification, a
				parent/guardian shall provide the following documentation to the school
				principal:
14.3.a. the student's
				identification card issued by the West Virginia Department of Health and Human
				Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W.
				Va. Code §§
										16A-1-1, et
				seq.;
14.3.b. the caregiver's
				identification card issued by the West Virginia Department of Health and Human
				Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W.
				Va. Code §§
										16A-1-1, et seq.;
				and
14.3.c. a certification issued
				by a physician who is registered with the West Virginia Department of Health
				and Human Resources, Bureau for Public Health, that authorizes the use of
				medical cannabis by the student and that meets the requirements of W. Va. Code
				§
										16A-4-3
				and § 16A-4-4.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7) › Section 126-25A-15 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Failure
				of any school personnel to comply with this policy will result in personnel
				disciplinary actions based on state and county board policies.