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A 15-year-old at a high school in Huntington is pulled out of class after a shoving match in the hallway. Before the principal can suspend him, West Virginia law says he gets a short meeting to hear what he is accused of and to tell his side. The rules come from Section 18A-5-1a of the West Virginia Code, and they build on a U.S. Supreme Court case. In Goss v. Lopez (1975), the Court said a public school student facing a suspension of 10 days or less must get notice of the charges and a chance to answer them.
Who has to be in school
In West Virginia, compulsory attendance (the legal duty to go to school) starts with the school year in which a child turns 6, or when the child enrolls in a full-time public kindergarten. It lasts until the 17th birthday. If you stay enrolled after 17, the attendance rules still apply to you for as long as you are enrolled.
Private school and approved home instruction are exemptions, and the county attendance authority confirms them.
Suspension: the informal hearing and the 10-day cap
When a principal thinks your actions could lead to a suspension, the principal must hold an informal hearing right away. It normally happens before you are sent home. The only exception is when the principal believes you are a continuing danger or an ongoing threat of disruption. Then you can be removed first, and the hearing comes as soon as it can.
At the hearing, the principal asks whether you admit or deny the charges. If you deny them, you must hear what evidence the principal has, and you get to tell your version. Your parent should get a phone call about the hearing if possible.
A principal can suspend you for no more than 10 school days, counting any days you were already out. The principal must mail your parent a written notice of the suspension the same day it is decided.
Expulsion goes to the county board
Only the county board of education can expel a student. Before that hearing, you and your parent must get written notice of the charges and the punishment being asked for. The hearing has to be scheduled inside the 10-day suspension. At the hearing you may have a lawyer, call your own witnesses, and question the witnesses against you. The hearing is recorded.
An expulsion can last up to one school year. For the most serious violations, such as bringing a deadly weapon, the law requires at least 12 consecutive months, though the county superintendent can shorten it and must explain why in writing.
Bullying reports, and where to take a complaint
Every county board in West Virginia must have a written policy against harassment, intimidation, or bullying on school property, on the bus, at the bus stop, and at school events. The policy must include a way to report, a duty for staff to report what they see, notice to the parents of students involved, an investigation, and a plan to protect the student who was targeted from more bullying and from retaliation. The policy has to appear in your student handbook. Read that section first.
If you are suspended, ask for the informal hearing and tell your side. You are allowed to. If a problem is not fixed at the school, write to the county superintendent and keep a copy. The West Virginia Department of Education (the state education agency) oversees county boards; its website lists how to reach its offices.
Sonje sa
- In West Virginia, school is required from the school year you turn 6 until your 17th birthday.
- Before most suspensions you get an informal hearing with the principal, and a principal's suspension cannot pass 10 school days.
- Only the county board can expel you, after written notice and a hearing where you may bring a lawyer and witnesses.
- Your county's bullying policy is in your student handbook and must protect the reporting student from retaliation.
Sous
- West Virginia Legislature: Code §18A-5-1a, suspension and expulsion (ap louvri nan yon nouvo onglè)
- West Virginia Legislature: Code §18-8-1a, compulsory school attendance (ap louvri nan yon nouvo onglè)
- West Virginia Legislature: Code §18-2C-3, policy prohibiting harassment, intimidation or bullying (ap louvri nan yon nouvo onglè)
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (ap louvri nan yon nouvo onglè)
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