reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-014 - West Virginia Measures of Academic Progress (2340) › Section 126-14-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Accommodations. Changes in testing materials or procedures that allow students
				with documented disabilities or English learner students to show their
				knowledge and skills. Accommodation refers to a change in testing materials or
				procedures that does not change what is being measured.
3.2. Aide. A person who meets or exceeds the
				qualifications of Aide II pursuant to W. Va. Code §
									18A-4-8i(9)
				and is hired to work with students with disabilities in an instructional
				setting.
3.3. Alternative Education
				Program. As defined by W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe
				and Supportive Schools (Policy 4373), a temporarily authorized departure from
				the regular school program designed to provide educational and social
				development for students whose disruptive behavior places them at risk of not
				succeeding in the traditional school structure and in adult life without
				positive interventions.
3.4. Career
				Technical Education (CTE) Technical Assessment. As defined in W. Va. 126CSR44M,
				Policy 2520.13, West Virginia College- and Career-readiness Programs of
				Study/Standards for Career Technical Education, a business/industry-designed
				assessment given to measure the attainment of career-related technical skills
				as it relates to their program of study.
3.4.a. Each CTE director shall designate an
				individual to serve as the school test coordinator for any center or school
				that houses a state-approved CTE program of study to oversee all aspects of
				implementing the CTE technical assessment.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-014 - West Virginia Measures of Academic Progress (2340) › Section 126-14-4 - Program Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To
				meet state and federal requirements, all public school students enrolled in
				grades 3-8 and 11 shall be assessed using the appropriate state-administered
				summative assessment, either general or alternate, at the grade level in which
				they are enrolled in the spring of each year.
4.1.a. The WVGSA assesses the content areas
				of ELA and mathematics in grades 3-8 and science in grades 5 and 8.
4.1.b. The West Virginia college- and
				career-readiness assessment assesses the content areas of ELA, mathematics, and
				science in grade 11.
4.1.c. The
				WVASA assesses the content areas of ELA and mathematics in grades 3-8 and 11
				and science in grades 5, 8, and 11.
4.1.c.1.
				ESSA requires that for each assessed subject, the total number of students
				participating in the alternate assessment does not exceed one percent of the
				total number of all students in the state who are assessed in a given subject.
				ESSA has placed a one-percent participation rate cap at the state level only.
				This cap is not applicable at the county or school level.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-014 - West Virginia Measures of Academic Progress (2340) › Section 126-14-5 - Administration Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				WV-MAP assessments shall be administered according to the schedule published by
				the WVDE. A reasonable effort shall be made to provide each student with a
				makeup test during the scheduled testing window.
5.1.a. All school systems must establish a
				county testing window that falls within the WVDE-established testing window.
				Once established, no county's testing window may be changed without WVDE
				approval.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-014 - West Virginia Measures of Academic Progress (2340) › Section 126-14-6 - Reporting Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				students who participate in the WV-MAP and their parents/guardians must be
				provided the individual student assessment results, except for NAEP, in a
				timely manner by the county according to guidelines established by the WVDE.
				Individual and school results are not reported for NAEP. The explanation and
				interpretation of assessment results shall be provided by professional staff at
				each school under the direction of the principal or school test coordinator.
6.1.a. The WVDE is required to publicly
				report scores for the WVGSA, the West Virginia college-and career-readiness
				assessment, and the WVASA, as per ESEA.
6.1.b. West Virginia NAEP assessment results
				for grades 4, 8, and 12 are aggregated by state and are not available for
				individual students, schools, or counties. The release of NAEP results is
				determined by the Governing Board and announced by the State Superintendent or
				designee. Explanation and interpretation of NAEP results in the context of
				state, regional, and national results are available on the NCES
				website.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-014 - West Virginia Measures of Academic Progress (2340) › Section 126-14-7 - Test Security

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Testing Code of Ethics (Appendix A) is incorporated by reference into this
				policy.
7.2. Only secure test
				materials shall be used in conjunction with the WV-MAP assessments and
				international assessments, as well as pilot tests and field tests sanctioned by
				the WVDE. Apart from the scheduled test administration to students, it is
				unacceptable and unethical to use, retain, reproduce, paraphrase, or discuss in
				any manner secure test materials (paper and electronic), including test books,
				answer sheets, online tests or submissions, or excerpts from the tests. A
				county test coordinator, principal, school test coordinator, or county/school
				personnel found to have inappropriately used test materials in this manner will
				be subject to penalties, including but not limited to, revocation of
				professional license/certification/permit, as outlined in this
				policy.
7.3. Test security training
				must be incorporated as part of the required training for each WV-MAP
				assessment, as well as pilot tests and field tests sanctioned by the WVDE, as
				verified on the Verification of Training for Principals, School Test
				Coordinators, County/School Personnel (Examiners/Scribes/Other School
				Personnel) (Appendix I).
7.4. The
				county test coordinator shall complete the required training before each
				assessment each school year and shall acknowledge that all WV-MAP assessments
				and international assessments, as well as pilot tests and field tests
				sanctioned by the WVDE, are secure tests by reviewing, signing, and returning
				the County Test Coordinator's Secure Materials and Test Procedures Agreement
				(Appendix B) to the WVDE before access to secure test materials is provided.
7.4.a. Apart from the scheduled test
				administration, the county test coordinator shall ensure that secure test
				materials are stored in a locked and secured location(s) by the county test
				coordinator consistent with test security procedures outlined in the Testing
				Code of Ethics (Appendix A).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-014 - West Virginia Measures of Academic Progress (2340) › Section 126-14-8 - Investigation of Alleged Cheating/Security Breach/Testing Administration Breach/Copyright Infringement

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Any written complaint and/or oral report alleging cheating, security breach,
				testing administration breach, or copyright infringement shall be reported
				immediately, according to the protocol in this policy, to the principal and
				county test coordinator with a copy to the county superintendent (or
				organization) where the allegations occurred. The county test coordinator shall
				immediately contact the WVDE, which will advise the county about the procedures
				to follow regarding any investigation.
8.1.a.
				All complaints, whether reported by a named individual or anonymously, or
				initiated by the WVDE based on analysis of test data, will be reviewed by the
				WVDE, and a decision will be made as to whether an investigation will be
				conducted.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-014 - West Virginia Measures of Academic Progress (2340) › Section 126-14-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If any
				provision of this policy or the application thereof to any person or
				circumstance 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 126-015 - Regulations and English Language Proficiency Standards for English Learners (Policy 2417) › Section 126-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule defines the expectations for programs of study for improving
				the English language proficiency of English learners (ELs) including those ELs
				with signification cognitive disabilities.
1.2. Authority. -- W. Va. Constitution,
				Article XII, §2; W. Va. Code §
									18-2-5
				and § 18-9A-22; and
				Public Law
				114-95 Elementary and Secondary Act (ESEA) of
				1965, as amended by
Every Student Succeeds Act of
				2015
.
1.3. Filing Date. --
				April 14, 2022.
1.4. Effective
				Date. -- May 16, 2022.
1.5. Repeal
				of Former Rule. -- This legislative rule repeals and replaces W. Va. 126CSR15,
				Policy 2417, Regulations and English Language Proficiency Standards for English
				Learners (Policy 2417), filed June 15, 2017, and effective July 17,
				2017.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-015 - Regulations and English Language Proficiency Standards for English Learners (Policy 2417) › Section 126-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A student who
				is an English Learner (EL) in the State of West Virginia is classified
				according to the federal government definition as described in the ESEA. An EL
				is classified as one:
2.1.a. who is aged 3
				through 21; and
2.1.b. who is
				enrolled or preparing to enroll in an elementary school or secondary school;
				or
2.1.c. who was not born in the
				United States or whose native language is a language other than English; or
2.1.c.1. who is a Native American or Alaska
				Native, or a native resident of outlying areas; and
2.1.c.2. who comes from an environment where
				a language other than English has had a significant impact on the individual's
				level of English Language Proficiency (ELP); or
2.1.c.3. who is migratory, whose native
				language is a language other than English, and who comes from an environment
				where a language other than English is dominant; and
2.1.d. whose difficulties speaking, reading,
				writing, or understanding the English language may be sufficient to deny the
				individual:
2.1.d.1. the ability to meet the
				challenging state academic standards;
2.1.d.2. the ability to successfully achieve
				in classrooms where the language of instruction is English; or
2.1.d.3. the opportunity to participate fully
				in society.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-015 - Regulations and English Language Proficiency Standards for English Learners (Policy 2417) › Section 126-15-3 - Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each county
				shall provide a parent or guardian with notification, detailing
				federally-defined criteria, that outlines the child's identification as an EL
				no later than 30 days after the beginning of the school year or within the
				first two weeks of placement for those children who have not been identified as
				ELs prior to the beginning of the school year but are identified an EL during
				such school year.
3.2. Each county
				shall use the ELP Standards or the ALT ELP Standards as a framework for
				providing an effective Language Instruction Educational Program (LIEP). LIEP
				shall be developed by the EL Committee. The purpose of the LIEP is to
				facilitate the student's achievement of English proficiency and the academic
				content standards as set forth in W. Va. 126CSR44A through 44U, Policy 2520
				series, West Virginia College- and Career-Readiness Standards.
3.2.a. EL Committee is defined in 126CSR14,
				Policy 2340, West Virginia Measures of Academic Progress (WVMAP) (Policy
				2340).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-015 - Regulations and English Language Proficiency Standards for English Learners (Policy 2417) › Section 126-15-4 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				copy of the Regulations and English Language Proficiency Standards for English
				Learners and Alternate English Language Proficiency Standards for English
				Learners with Significant Cognitive Disabilities is attached and incorporated
				by reference into this policy. Copies may be obtained in the Office of the
				Secretary of State and in the WVDE Office of Federal Programs and
				Support.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-015 - Regulations and English Language Proficiency Standards for English Learners (Policy 2417) › Section 126-15-5 - Summary of the Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				WVBE has the responsibility for establishing high quality standards pertaining
				K-12 education programs (W. Va. Code §
									18-9A-22).
				The performance standards and objectives provide a focus for teachers to teach
				and students to learn those skills and competencies essential for future
				success in the workplace and further education. The performance standards
				document includes performance standards for ELP and ALT ELP, an explanation of
				terms, and objectives that reflect a rigorous and challenging
				curriculum.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-015 - Regulations and English Language Proficiency Standards for English Learners (Policy 2417) › Section 126-15-6 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If any
				provision of this policy or the application thereof to any person or
				circumstance is held invalid, such invalidity shall not affect other provisions
				or applications of this policy.
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West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-016 - Regulations for the Education of Students with Exceptionalities (2419) › Section 126-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule applies to preschool, early childhood, middle childhood,
				adolescent, and adult students whose educational programs require special
				education and related services. This rule further applies to three-year-olds,
				as of the student's third birth date, through five-year-olds with disabilities,
				students with disabilities ages five through 21, all exceptional gifted
				students in grades nine through 12, and to all gifted students in grades one
				through eight as specified. This policy and procedures manual apply to students
				enrolled in public schools, including charter public schools, and private
				schools where students are placed at the expense of the State of West Virginia.
				Rights under this rule cease to apply at the end of the school year in which
				the student turns 21 years of age, that is, the year in which the student is 21
				years of age prior to July 1 or the student has met graduation requirements for
				a regular high school diploma.
1.1.a. Local
				educational agency (LEA). For purposes of this rule LEA includes county boards
				of education, schools and facilities under the supervision of the West Virginia
				Board of Education (WVBE), and charter public schools.
1.1.b. Parent. A natural, adoptive, or foster
				parent of a child; a guardian (but not the state if the child is a ward of the
				state); an individual acting in the place of a natural or adoptive parent
				(including a grandparent, stepparent, or other relative) with whom the child
				lives; or an individual assigned to be a surrogate parent.
1.1.c. Adult Student. A student who has
				reached age 18, the age of majority in West Virginia, and for whom all rights
				accorded to parents under Part B of
				Public Law
				108-446, Individuals with Disabilities Education
				Improvement Act of 2004 (IDEA), have transferred to the student.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-016 - Regulations for the Education of Students with Exceptionalities (2419) › Section 126-16-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. IDEA and
				the IDEA regulations (34 CFR Part 300) require that states set forth policies
				and procedures to demonstrate that the state has established a goal providing
				full educational opportunity to all students with disabilities who are
				residents of West Virginia, aged birth through 21 years of age and a detailed
				timetable for accomplishing that goal. West Virginia affirms the goal to
				provide full educational opportunities for all students with disabilities, aged
				birth through 21 years of age, residing within its jurisdiction. West Virginia
				works toward the realization of this goal through the implementation of, and
				compliance with, IDEA and any subsequent reauthorization, state policies and
				procedures, and the implementation of the West Virginia Results and Compliance
				System Procedures (RCSP).
2.2. West
				Virginia's mandatory special education statute legislates a child
				identification effort by county boards of education (W. Va. Code §
									18-20-2, et seq.). The mandated
				target group for the state Child Find requirements includes individuals with
				disabilities residing in West Virginia from birth through 21 years of age,
				gifted students from first through eighth grades, and exceptional gifted in
				grades nine through 12. Part C of IDEA requires interagency collaboration in
				Child Find activities targeting children from birth through five years of age.
				Part C services for children birth to three years old are administered through
				the West Virginia Department of Health and Human Resources (WVDHHR).
2.2.a. The intent of the federal and state
				legislative Child Find mandates is to require an active search by the state and
				LEAs for individuals with disabilities ages birth through 21, gifted
				individuals from first through eighth grades, and exceptional gifted
				individuals in grades nine through 12, including students with disabilities who
				are homeless or are wards of the state and students with disabilities attending
				private schools, regardless of the severity of the student's disability, who
				need special education and related services. Mandated Child Find activities
				include the identification of students who are residents of other states who
				are attending public and private schools in West Virginia.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-016 - Regulations for the Education of Students with Exceptionalities (2419) › Section 126-16-3 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The West
				Virginia Procedures Manual for the Education of Students with Exceptionalities
				is attached and incorporated by reference into this policy. Copies may be
				obtained in the Office of the Secretary of State and in the West Virginia
				Department of Education (WVDE).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-016 - Regulations for the Education of Students with Exceptionalities (2419) › Section 126-16-4 - Summary

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Federal
				statute and W. Va. Code provide requirements for identifying students with
				exceptionalities whose learning needs are adversely impacted by the student's
				disability or giftedness and need special education services and support.
				Therefore, the term exceptionality in this policy and procedures manual refers
				to eligible students with disabilities and eligible students who are gifted.
				These policies and procedures outline the responsibilities of the state and LEA
				in meeting these requirements.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-016 - Regulations for the Education of Students with Exceptionalities (2419) › Section 126-16-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If any
				provision of this policy or the application thereof to any person or
				circumstance is held invalid, such invalidity shall not affect other provisions
				or applications of this policy.
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West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-017 - Rules For Requesting an Exception To The Regulations For The Education Of Exceptional Students (2419.11) › Section 126-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope
. -- The accepted principle for appropriate educational
				opportunity in West Virginia public schools is that special education and
				related services shall be made available to all exceptional students between
				five (5) and 23 years of age and three and four year old preschool severely
				handicapped children. The provision of these educational services are
				implemented through the West Virginia
Regulations for the Education
				of Exceptional Students
(Policy 2419). The West Virginia Board of
				Education provides that a local school district superintendent may apply to the
				Board for exceptions to the
Regulations
for
				extenuating circumstances.
1.2.
Authority.
-- W. Va. Code
				18-20-5.
1.3.
Filing Date.
-- June 3, 1991.
1.4.
Effective Date.
-- July 15, 1991.
1.5.
Repeal of Former
				Rule.
-- None -- This is a revision.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets the requirements for schools in West Virginia to be harassment and
				violence free.
1.2. Authority. --
				W. Va. Constitution, Article XII, §2, and W. Va. Code §§
									18-2-5,
				18-2-5a,
				and
				18-2-7b.
1.3. Filing Date. -- December 16,
				1996.
1.4. Effective Date. --
				January 16, 1997.
1.5. Repeal of
				Former Rule. -- None.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The purpose of
				these regulations is to prevent racial, sexual or religious/ethnic harassment
				or violence, toward students and staff, to protect the academic environment,
				and to assure that our educational institutions respond to harassment and/or
				violence incidents when they occur in a manner that effectively deters future
				incidents and affirms respect for individuals. These regulations require county
				boards to design and implement prevention and response programs, to outline
				investigatory and reporting procedures and to delineate penalties for
				violations of this policy. To the extent possible, county boards will
				collaborate with other state and local agencies in carrying out the purpose of
				this rule. It is the intent of the State Board to ensure that the learning and
				working environments are free from any type of harassment or
				violence.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. These
				regulations apply to any student, staff member or member of the public during
				any school related activity or during any education sponsored event whether in
				a building or other property used or operated by a county board of education,
				RESA or state department of education or in another facility being used by any
				of those agencies. The term "staff members", as used in these regulations,
				shall encompass all employees of the county board of education or other
				applicable local agency or facility.
3.2. No student, staff member or member of
				the public, during any school related activity or during any education
				sponsored event, whether in a building or other property used or operated by a
				county board of education, RESA or the West Virginia Department of Education or
				in another facility being used by any of those agencies, shall engage in
				sexual, racial or ethnic/religious harassment or violence. Persons found to
				have violated this prohibition shall be subject to the penalties in Section
				8.1.
3.3. Amorous relationships
				between staff members and students are prohibited, and staff members found to
				have violated this prohibition shall be subject to the penalties outlined in
				Section 8.1.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-4 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Sexual
				Harassment - Sexual harassment consists of unwelcome sexual advances, requests
				for sexual favors, sexually motivated physical conduct or other verbal or
				physical conduct or communication of a sexual nature when:
4.1.1. submission to the conduct or
				communication is made a term or condition, either explicitly or implicitly, of
				obtaining or retaining employment, or of obtaining an education; or
4.1.2. submission to or rejection of that
				conduct or communication by an individual is used as a factor in decisions
				affecting that individual's employment or education; or
4.1.3. that conduct or communication has the
				purpose or effect of substantially or unreasonably interfering with an
				individual's employment or education; or creating an intimidating, hostile or
				offensive employment or educational environment.
4.1.4. sexual harassment may include but is
				not limited to:
a. unwelcome verbal harassment
				of a sexual nature or abuse;
b.
				unwelcome pressure for sexual activity;
c. unwelcome, sexually motivated or
				inappropriate patting, pinching or physical contact;
d. unwelcome sexual behavior or words,
				including demands for sexual favors, accompanied by implied or overt threats
				concerning an individual's employment or educational status;
e. unwelcome sexual behavior or words,
				including demands for sexual favors, accompanied by implied or overt promises
				of preferential treatment with regard to an individual's employment or
				educational status; or
f. unwelcome
				behavior, verbal or written words or symbols directed at an individual because
				of gender.
g. the use of authority
				to emphasize the sexuality of a student in a manner that prevents or impairs
				that student's full enjoyment of educational benefits, climate or
				opportunities.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-5 - Planning by Local Boards of Education

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. County boards of education, RESAs and
				the West Virginia Board of Education shall develop a plan or plans for the
				implementation of this policy. These plans shall reflect the particular needs
				of students to study and learn in an environment free from harassment and
				violence and the particular needs of staff members to work in an environment
				free from harassment and violence. To the maximum extent possible these plans
				shall be developed collaboratively with state and local agencies that share the
				purposes of this policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-6 - Complaint Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. County
				boards of education, RESAs, and the state department of education shall develop
				procedures to assure that any person who believes he or she has been the victim
				of religious/ethnic, racial or sexual harassment or violence by a pupil,
				teacher, administrator or other school personnel of the county board of
				education, or any person with knowledge or belief of conduct which may
				constitute religious/ethnic, racial or sexual harassment or violence toward a
				pupil, teacher, administrator or other school personnel has an identified
				mechanism to report the alleged acts immediately to an appropriate official
				designated by the agency's policy. Nothing in this policy shall prevent any
				person from reporting harassment or violence directly to the county
				superintendent, RESA executive director or the state superintendent, as
				appropriate, or to the West Virginia Human Rights Commission, or to a law
				enforcement agency.
6.2. County
				Boards of Education, RESAs and the West Virginia Department of Education shall
				develop appropriate procedures for investigating, reporting, and responding to
				violations of this policy in a manner that promotes understanding and respect.
				The West Virginia Department of Education shall provide each agency with a list
				of resources to assist in developing these procedures.
6.3. All alleged incidents of harassment or
				violence observed by faculty or staff must be reported to the designated
				investigator and appropriate action should be taken as specified in 126CSR18-7
				and 126CSR18-8.
6.4. Under certain
				circumstances, sexual harassment may constitute child and/or sexual abuse under
				Chapter 49 of the West Virginia Code. In such situations, the county board of
				education shall comply with the provisions of law for reporting such
				abuse.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-8 - Agency Action and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Upon receipt of a report substantiated by the investigation, the head of the
				agency or the agency's governing board will take appropriate action against
				those found to have violated this policy. Such action may include, but is not
				limited to, warning, suspension, exclusion, expulsion, termination and
				revocation of licensure.
8.2. The
				head of the agency or the agency's governing board shall also initiate such
				other action as is appropriate to ease tensions and to affirm the values of
				respect and understanding, in accordance with the agency's plan developed
				pursuant to 126CSR18-5.
8.3. The
				head of the agency shall immediately file a report with the West Virginia
				Department of Education of all reports of harassment or violence when
				investigation shows that harassment or violence did occur and all action taken
				in response to the incident.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-9 - Reprisal

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9.1. The agency
				will develop discipline procedures to take appropriate action against any
				pupil, teacher, administrator or other school personnel who retaliates against
				any person who reports alleged religious/ethnic, racial or sexual harassment or
				violence or any person who testifies, assists or participates in an
				investigation, or who testifies, assists or participates in a proceeding or
				hearing relating to such harassment or violence. Retaliation includes, but is
				not limited to, any form of intimidation, reprisal or harassment. The agency
				will develop a discipline process to take appropriate action against any pupil,
				teacher, or administrator or other school personnel who falsely reports
				religious/ethnic, racial, or sexual harassment.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-10 - Right To Alternative Complaint Procedures

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10.1. These procedures do not deny the right
				of any individual to pursue other avenues of recourse which may include filing
				charges with the West Virginia Human Rights Commission, initiating civil action
				or seeking redress under the state criminal statutes and/or federal
				law.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-11 - Prevention Programs

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11.1. Each
				agency must develop and implement an education program for each programmatic
				level, K-4, 5-8, and 9-12, as well as a program for all faculty and staff. The
				programs, at a minimum must: raise awareness of the different types of
				harassment, how it manifests itself, its devastating emotional and educational
				consequences, and its legal consequences. In addition, multicultural education
				programs must be developed and implemented for faculty, staff and students to
				foster an attitude of understanding and acceptance of individuals from a
				variety of cultural, ethnic, racial and religious backgrounds.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-12 - Dissemination of Policy and Training

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12.1. This policy or a summary shall be
				conspicuously posted throughout each agency's facilities in areas accessible to
				pupils and staff members.
12.2.
				This policy shall appear in the student and staff handbooks and if no handbook
				is available, a copy will be distributed to all students, faculty, and
				staff.
12.3. The agency will
				develop and implement training for students and staff on these regulations and
				on means for effectively promoting the goals of this policy.
12.4. The agency policy shall be reviewed at
				least bi-annually for compliance with state and federal law and state board of
				education policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-13 - Assessment of Effectiveness

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13.1. The West Virginia Department of
				Education will prepare an annual report to the West Virginia Board of Education
				to include: reported and substantiated incidences of harassment and/or
				violence; action taken in response to incidents; training and staff development
				offered by the agencies; and agency reported numbers and types of multicultural
				education offerings.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-019 - Inclusion Of Safety Education Concepts And Instructional Techniques Into School Curricula (2422.10) › Section 126-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These interpretive rules guide county boards of education and county school
				superintendents in development of public school curriculum to include education
				on safety and safety concepts.
1.2.
				Authority. -- W. Va. Code '18-2-6.
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 126-019 - Inclusion Of Safety Education Concepts And Instructional Techniques Into School Curricula (2422.10) › Section 126-19-2 - Rationale

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2.1. The West
				Virginia Board of Education recognizes that the preservation of our society is
				to be found in the conservation of our human and material resources.
2.2. Safety is an integral part of the
				overall educational experience which can make this conservation a
				reality.
2.3. Safety is the outcome
				of an effective program of safety education consisting of protective and
				instructional components at every grade level.
2.4. Such a program of safety education will
				contribute to the preservation of life, limb and property and the development
				of behavioral traits leading to safe and efficient living in a technological
				society.
2.5. The Office of
				Emergency Planning and the Governor's Proclamation in regard to Safety
				designates the State Superintendent of Schools to provide technical assistance
				to the Governor in matters involving the public schools in the event of a
				disaster.
2.6. The State Board of
				Education is required by the West Virginia Code to provide for the safety and
				safety education of the youth in the schools of West Virginia.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-019 - Inclusion Of Safety Education Concepts And Instructional Techniques Into School Curricula (2422.10) › Section 126-19-3 - Requirements

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3.1. Be it resolved
				that those persons responsible for the operation of public school systems move
				immediately to insure that safety and safety education concepts be incorporated
				in an adequate and factual way in all grade levels as presented in Section 17
				of 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 into the operational
				programs of said school systems as soon as possible, but no later than the
				beginning of the 1973-74 school year.--11/12/71
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-020 - Regulations For Alternative Education Programs For Disruptive Students (2418) › Section 126-20-1 - General

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1.1. Scope -- This
				policy establishes regulations for alternative education programs for
				disruptive students.
1.2. Authority
				-- W. Va. Constitution, Article XII, '2; W. Va. Code ''18-2-6
				and
				18-5-19
1.3. Filing Date -- July 14, 2000.
1.4. Effective Date -- August 14,
				2000.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-020 - Regulations For Alternative Education Programs For Disruptive Students (2418) › Section 126-20-2 - Applicability

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2.1. These
				regulations apply solely to alternative education programs for disruptive
				students. Nothing in this policy precludes county boards of education from
				operating alternative education programs for non-disruptive students under
				other State Board of Education policies and/or waivers to State Board of
				Education policies.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-020 - Regulations For Alternative Education Programs For Disruptive Students (2418) › Section 126-20-3 - Definition

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3.1. Alternative
				Education Program - An alternative education program is a temporary authorized
				departure from the regular school program designed to provide educational and
				social development for students whose disruptive behavior places them at risk
				of not succeeding in the traditional school structures and in adult life
				without positive interventions.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-020 - Regulations For Alternative Education Programs For Disruptive Students (2418) › Section 126-20-4 - Purposes

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4.1. The purposes
				of these regulations are to:
(1) provide a
				safe and orderly learning environment for the education of all students in the
				public schools of West Virginia and
(2) meet the educational needs of disruptive
				students through the development of alternative education programs.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-020 - Regulations For Alternative Education Programs For Disruptive Students (2418) › Section 126-20-5 - Flexibility in Program Development

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5.1. Alternative education programs for
				disruptive students encompass a range of program options such as: in-school
				suspension; a separate part-time or full-time alternative education classroom;
				a school-within a school; a school on an alternative site; an after school
				class/night school program; or a combination academic/work-based program.
				County boards of education shall have broad flexibility in developing the type
				or types of alternative education program options needed to meet the needs of
				disruptive students in the county. County boards of education may request a
				waiver of State Board of Education policies and regulations in the development
				and operation of alternative education programs. Such a waiver request does not
				have to be submitted in accordance with the procedures for requesting waivers
				stipulated under W. Va. Code '18-5A-3,
				but may be submitted directly to the State Superintendent of Schools.
5.2. Program flexibility does not extend to
				modifying the provisions of Policy 2419: Regulations for the Education of
				Exceptional Students in providing alternative education programs for students
				with exceptionalities or Section 504 of the Rehabilitation Act of
				1973.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-020 - Regulations For Alternative Education Programs For Disruptive Students (2418) › Section 126-20-7 - Accountability for Results

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7.1. Annual
				Program Evaluation - County boards of education establishing alternative
				education programs under this policy shall conduct an annual evaluation of the
				effectiveness of the program (s).
7.2. Accreditation -The State Department of
				Education shall review compliance with this policy and the effectiveness of
				alternative education programs through the Performance Based Accreditation
				System. The alternative education program shall be evaluated on the basis of
				its stated goals and the provisions of this policy.
7.3. Considerations for Program Evaluation
				and Accreditation Reviews - The evaluation of the effectiveness of alternative
				education programs shall focus upon the impact of the program on student
				performance and results using indicators such as: academic gains; reduction in
				dropout rates; reduction in incidences requiring disciplinary action;
				improvement in attendance rates; rates of successful program completion and
				return to the regular school program; rates of successful completion of
				vocational training programs; rates of successful completion of high school
				graduation or attainment of a GED; and rates of successful job placement and
				job retention.
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 126-21-1 - General

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1.1. Scope. -- This
				procedural rule established a time frame and the conditions under which county
				boards of education would implement and make available cardiopulmonary
				resuscitation instruction programs to all students prior to high school
				graduation. It specifies that cardiopulmonary resuscitation techniques be
				included in physical education and health learner outcomes.
1.2. Authority. -- W. Va. Code '18-2-7.
1.3. Filing Date. -- December 27,
				1982.
1.4. Effective Date. --
				February 27, 1983.
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 126-21-2 - Applicability

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WHEREAS, The West Virginia Board of Education recognizes that
				  heart disease is the leading cause of death in the United States, and West
				  Virginia is the first among all states in the population of its citizens who
				  are heart disease victims; and
WHEREAS, The West Virginia Board of Education recognizes that
				  heart disease is a major health problem in West Virginia; and
WHEREAS, Cardiopulmonary resuscitation techniques have been
				  developed and refined in the past several years; and
WHEREAS, Such techniques have resulted in the widespread
				  saving of human lives by those familiar with and trained in such
				  techniques;
WHEREAS, Voluntary organizations such as the American Heart
				  Association, American Red Cross, and other West Virginia affiliates and
				  organizations offering the voluntary help of certified instructor-trainers;
				  and
WHEREAS, There is an obvious need and value for more citizens
				  of the state to become familiar with and receive training in such techniques in
				  the order to prevent the unnecessary loss of human lives in this state and
				  elsewhere;