H. B. 3077
(By Delegates Spencer, Williams, Campbell,
Michael and Perdue)
[Introduced
March 17, 2005
; referred to the
Committee on Education then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18-21-1 and
§18-21-2, all relating to requiring schools to maintain an
alternative learning classroom apart from the regular
classroom, designed to address children that exhibit
disruptive behavior in the classroom; providing that the
primary goal for these programs and additional personnel is
reintegrating a child back into the regular classroom upon
successful completion of the alternative learning classroom
curriculum; to require schools to provide and maintain
alternative learning classrooms, apart from the regular
classroom, designed to address students' disruptive behavior;
requiring county boards to form liaisons with law enforcement;
health care professionals and mental health community
resources in the preparation of programs and curriculum
requirements for alternative classrooms; mandating that curriculum requirements include the dangers of tobacco use;
providing that alternative classrooms can be no larger than
twenty students; requiring that alternative classrooms are
implemented in all middle, junior high and high schools;
providing that the provisions of this article may not be
construed to override particular provisions of this code
concerning suspension and expulsion of students; and,
directing the State Board of Education to promulgate rules
designed as guidelines for county boards to use in developing
special classes to address disruptive behavior and violation
of school rules by children.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18-21-1 and §18-21-2,
all to read as follows:
ARTICLE 21. ALTERNATIVE LEARNING CLASSROOMS FOR CHILDREN WHO
EXHIBIT DISRUPTIVE BEHAVIOR.
§18-21-1. Statement of Legislative intent and conclusion.
It is the intent of the Legislature to keep children in school
and learning. Toward this end, the Legislature concludes that
children who are disruptive to the regular classroom, should be
placed in alternative learning classrooms, outside of the regular
classroom, where the curriculum requirements are designed to
continue the traditional learning process while rigorously addressing the particular disruptive behaviors exhibited by the
students who are being served, including anger management
counseling and training. In accordance with this expression of
legislative intent and legislative conclusion, county school boards
are hereby directed to develop and implement a program which
includes an alternative learning classroom to meet the needs of
children who exhibit disruptive behavior and failure to follow
school rules, in accordance with the provisions contained in
section two of this article.
§18-21-2. Establishment of alternative classrooms and teaching
services for children that exhibit disruptive
behavior; State Board to promulgate rules.
(a) The ultimate goal of alternative classrooms as provided in
this article, is to reintegrate the children who are served in
these classrooms back into the regular classroom, including
students with disabilities from which they have transferred, once
the particular disruptive behavior is successfully addressed and
extinguished so that the regular classroom experience for all
students is enhanced. Toward this end, students transferred to
alternative classrooms shall be served by the highly qualified
classroom teachers to whom they are assigned and shall be provided
educational programing while being physically located in the
alternative classroom.
The county boards shall seek and secure
liaisons with community law enforcement, health care professionals and mental health community resources in the preparation of
programs and curriculum requirements to be utilized in alternative
classrooms. Anger management and the dangers of alcohol and
substance abuse as well as tobacco use, shall be included in the
programs and curriculum requirements. The requirement of
alternative classrooms applies to all middle, junior high and high
schools. No class size may be larger than twenty students. In
accordance with the provisions of this article, county school
boards throughout the state shall establish and maintain adequate
behavior modification capacity, programs and personnel, designed to
address behavior problems children may exhibit, while instilling
adherence to school rules in alternative learning classrooms:
Provided, That this program may not replace special education
classrooms.
(b) The provisions of this article may not be construed to
override the following provisions of this code concerning the
suspension and expulsion of students: Section thirty-three,
article two, chapter eighteen; section one, article sixteen,
chapter eighteen; sections one and one-a, article five, chapter
eighteen-a; article one, chapter sixty-a; section fifteen, article
two, chapter sixty-one; or section eleven-a, article seven, chapter
sixty-one. Nor may the provisions of this section be construed in
any manner inconsistent with the provisions of "No Child Left
Behind."
(c) The State Board is hereby directed to promulgate rules in
accordance with the provisions of article three-b, chapter
twenty-nine-a, designed as guidelines for the various county boards
of education to develop behavioral modification treatment capacity,
programs and personnel, for children with behavioral problems.
NOTE: The purpose of this bill is to require schools to
provide and maintain alternative learning classrooms, apart from
the regular classroom, designed to address students' disruptive
behavior. The bill provides the primary goal in providing
alternative classrooms is reintegrating children back into the
classrooms of the teachers of record regular classroom upon
successful completion of an alternative class. The bill also
requires county boards to form liaisons with law enforcement,
health care professionals and mental health community resources in
the preparation of programs and curriculum requirements for
alternative classrooms, while mandating that curriculum
requirements include the dangers of tobacco use. The bill also
provides that alternative classrooms can be no larger than 20
students and that the classrooms are implemented in all middle,
junior high and high schools. Finally, the bill directs the State
Board of Education to promulgate rules designed as guidelines for
county boards to use in developing special classes to address
behavioral problems of children including the inability or refusal
to adhere to school rules.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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