SB614 HFAT Ellington 3-8 #1

Kidd 4753

Delegate Ellington moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

A BILL to amend and reenact §18A-5-1 of the Code of West Virginia, 1931, as amended, generally relating to the process of removal of students from the classroom setting; providing for elementary behavior intervention and safety; clarifying that nothing herein may be construed to conflict with certain federal laws; providing for the removal of students in grades kindergarten through six for unruly, disruptive, or abusive behavior; providing definitions for unruly and disruptive behavior; clarifying that normal or expected behavior by a student is not classified as unruly or disruptive behavior; specifying requirements applicable to when a grade kindergarten through six teacher in an elementary setting determines that the behavior of a student is violent, threatening, or intimidating toward staff or peers, or creates an unsafe learning environment, or impedes on other students' ability to learn in a safe environment; providing that a student removed from the classroom for violent, threatening, or intimidating behavior may not ride the bus; authorizing the principal or other district employee to notify law enforcement if the student is not picked up from school by the end of the day; requiring an evaluation of the student under Child Find; requiring a referral for a Functional Behavior Analysis pursuant to the Individuals with Disabilities Education Act; providing that the student shall receive his or her education through alternative learning accommodations; requiring a risk assessment before the student may return to school; and providing guidelines for the removal of students in grades six through twelve.

Adopted

Rejected