The West Virginia Senate unanimously approved a high-profile education bill that would grant elementary teachers more authority to remove disruptive or violent students from the classroom.
The measure would also require school counselors and social workers to investigate any underlying causes of the child’s behavior. Many educators attribute children’s dangerous behavior or outbursts, which occur frequently in kindergarten classrooms, to the state’s ongoing substance abuse crisis and high foster care rate.
Kristie Skidmore, president of the American Federation of Teachers of West Virginia, said it was “encouraging to see legislative interest in addressing the root causes of this disruptive behavior.”
Addressing student discipline has been a top priority for teachers across the state, as they say student behavior is deteriorating and suspensions are increasing. Some lawmakers have stated that addressing the issue is necessary to protect teachers and improve the state’s struggling test scores.
The bill is the brainchild of Sen. Amy Grady, an elementary school teacher who sponsored a similar bill last year that failed to pass in the final hours of the 2024 Legislative Session.
“I worked very hard on that bill. “I was disappointed that it did not pass,” said Grady, a Republican from Mason. “But, as they say, hindsight is 20/20; here we are, and it is much better. It provides a little more clarity about what we should do with students in specific situations. “It is not a cookie-cutter approach.”
Senate Bill 199 would allow teachers in kindergarten through sixth grade classrooms to remove students who are violent, threatening, or intimidating to staff or peers, or whose behavior interferes with other students’ ability to learn.
The removed student would be referred to a school counselor, social worker, or behavioral interventionist to determine the root cause of the student’s behavior.
The staff would be required to develop a two-week behavioral plan for the student. If the student is not making progress, the behavioral plan can be modified and implemented for an additional two weeks.
“It kind of individualizes what they need before we move forward,” said Grady, who collaborated with the state Department of Education on the bill.
Not every school has a full-time counselor or social worker, but Grady, who collaborated with the state Department of Education on the legislation, was confident that schools could meet the bill’s requirements by utilizing staff from central offices or state social workers when foster children were involved.
Elementary students who were removed from school would be allowed to return on a provisional basis for five to ten days. If another incident occurs within that time frame, the child will be expelled and placed in an alternative learning center.
Furthermore, if a student is removed from a classroom for disruptive or violent behavior three times in a single month, the student may face in- or out-of-school suspension, alternative learning centers, or placement 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 argue that it will force too many children to attend virtual school.
The House of Delegates approved its version of an elementary school discipline measure on March 3. Grady hopes House members will accept her legislation, which made minor changes to their bill, including requiring a child’s disruptive or violent behavior to occur more than once before expulsion.
“I’m very hopeful that it will be fine,” Grady said.
Skidmore commented that 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 told the audience. “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, it will be sent to the governor for approval.
