WV Senate OKs elementary student discipline bill; teachers union says 'great step'

Kristie Skidmore, president of American Federation of Teachers in West Virginia, said it was “encouraging to see the legislative interest in addressing the root causes of this disruptive behavior.”

Addressing student discipline has been a top ask from teachers across the state as they say student behavior is worsening and data shows suspensions are increasing. Some lawmakers have said they must address the issue to protect teachers and boost the state’s struggling test scores.

The bill is the brainchild of Sen. Amy Grady, R-Mason, an elementary school teacher, who last year sponsored a similar measure that failed to pass in the final hours of the 2024 legislative session.

“I worked really hard on that bill. I was upset that it didn’t pass,” said Grady. “But, then, hindsight is 20/20. Here we are, and this is much better. It gives a little more clarification in what we need to do with students in particular situations. It’s not a cookie-cutter approach.”

What the bill says, does

The measure, Senate Bill 199, would permit teachers in kindergarten through sixth grade classrooms to remove students who are violent, threatening or intimidating toward staff or peers or students’ whose behavior is impeding on other students’ ability to learn.

The removed student would be referred to a school counselor, social worker or behavioral interventionist to determine if there’s an underlying cause of the student’s behavior. Staff would be required to create a behavioral plan for the student for a two-week period. If the student is not making progress, then the behavioral plan could be changed and enacted for another two weeks.

“It kind of individualizes what they need before we move forward,” said Grady, who worked with the state Department of Education on the legislation.

Not every school has a full-time counselor or social worker, but Grady, who worked with the state Department of Education on the legislation, felt confident that schools would be able to carry out the bill’s requirements by utilizing staff from central offices or state social workers when foster children are involved.

Removed elementary students would return to school on a provisional basis for five to 10 days. If another incident occurs in that time frame, the child would be subject to expulsion, including being placed in an alternative learning center.

Additionally, if students are removed from a classroom for disruptive or violent behaviors a total of three times in one month, the student would be subject to in- or out-of-school suspension or to be placed in alternative learning centers or with a licensed behavioral health agency if one is available within the school district.

Fewer than half of the state’s 55 counties have alternate learning centers, and critics of the measure have said that it could result in too many children forced to learn through virtual school.

The House of Delegates approved its version of an elementary school discipline measure March 3. Grady is hopeful House members will accept her legislation, which made minor tweaks to their bill, including that a child’s disruptive or violent behavior would have to occur more than once before expulsion.

“I’m very hopeful that it will be fine,” Grady said.

Skidmore said it was “great to have both chambers focusing on student behavior.”

“While no bill is perfect, these bills are a great step in the right direction,” she said. “Hopefully the two chambers can come together to pass a version that addresses the behavioral issues disrupting our classes and provides the mental health resources and funding needed for these students.”

If the House accepts Grady’s version of the bill, the measure would next go to the governor’s desk for approval.