A school discipline bill that lawmakers have worked on for two years is on the edge of final passage.
“We have to look after and take care of all the other kids that are in the class whose education is being disrupted by the behavior of very few. It’s about time we stood up,” said Delegate Elliott Pritt, R-Fayette, who is a school teacher.
The House of Delegates passed S.B. 199 on a 94-3 vote on Tuesday. The Senate has already voted unanimously in favor of the bill, but because some changes were made while it was being considered in the House, a final step remains for senators to concur to the bill as it stands now.
Similar legislation made it to the legislative finish line last year but did not cross before time ran out.
“I think this is something that should have gone through last year. It’s beneficial that we made the changes this year, but it’s something that’s needed,” said House Education Chairman Joe Ellington, R-Mercer.
“And you’re not only taking care of a student that may be disciplined, potentially disciplined, but maybe their behavior corrected. But it also helps the other students in the classroom, and also just helps things run a lot smoother in a class, more satisfaction from our teachers staff and the students and parents.”
S.B. 199 outlines specific actions for teachers of grades K-6 when a student exhibits violent, threatening, or disruptive behavior: immediate removal of the student, parental notification, potential suspension, evaluation and a possible alternative learning environment.
With multiple violations of school discipline policies, the student would be subject to a behavior plan. If adequate progress is being made after two weeks then that plan would continue.
If the student is not making progress, then the behavioral plan could be changed and followed for another two weeks.
If another two weeks pass without adequate progress, then the student would be placed in a behavioral intervention program or with a licensed behavioral health agency where the county has access.
If the county has no behavioral intervention program, the student would be immediately removed from the classroom, parents would be notified to pick up the child, and the student would be suspended for one to three days while alternative accommodations are made.
The student would not return to school until a risk assessment is done. After the risk assessment, the student could return to school provisionally for five to 10 days. If another incident occurs, the student would be placed in an alternative learning environment for the rest of the semester or school year.
That alternative learning environment could, in some cases, be virtual school.
Senate Education Chairwoman Amy Nichole Grady, a Republican from Mason County and also a teacher, said she was excited to see the overwhelming vote in the House of Delegates. She expressed confidence that the bill will get final approval from the Senate.
“That shows me that this bill is a much better bill than it was last year and so 96-3, that’s bipartisan support, which is what we wanted because we want a bill that’s going to work and that also helps our more vulnerable children.
“We want to have things in place that will help them at well, prior to just removing them from the classroom and that’s it — giving them some opportunities possibly to change their behavior, and they need second chances.”