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Home » US Law » 2022 West Virginia Code » Chapter 18A. School Personnel » Article 5. Authority; Rights; Responsibility

§18A-5-1. Authority of Teachers and Other School Personnel; Exclusion of Students Having Infectious Diseases; Suspension or Expulsion of Disorderly Students; Corporal Punishment Abolished

(a) The teacher shall stand in the place of the parent(s), guardian(s) or custodian(s) in exercising authority over the school and has control of all students enrolled in the school from the time they reach the school until they have returned to their respective homes, except that where transportation of students is provided, the driver […]

§18A-5-1a. Possessing Deadly Weapons on Premises of Educational Facilities; Possessing a Controlled Substance on Premises of Educational Facilities; Assaults and Batteries Committed by Students Upon Teachers or Other School Personnel; Temporary Suspension, Hearing; Procedure, Notice and Formal Hearing; Extended Suspension; Sale of Narcotic; Expulsion; Exception; Alternative Education

(a) A principal shall suspend a student from school or from transportation to or from the school on any school bus if the student, in the determination of the principal after an informal hearing pursuant to subsection (d) of this section, has: (i) Violated the provisions of subsection (b), section fifteen, article two, chapter sixty-one […]

§18A-5-1b. Alternative Procedures for Expulsion Hearings by County Boards

The county boards may employ a hearing examiner to conduct the expulsion hearings required by this article. The hearing examiner shall be an attorney, duly licensed to practice law in the State of West Virginia and shall not be employed by the state or county boards for any other reason. The hearing examiner shall conduct […]

§18A-5-1d. Return to School Through Juvenile Drug Court for Certain Students

(a) When a student is expelled from school pursuant to §18A-5-1a of this code, the county board, county superintendent, or principal for the school from which the student was expelled or the parent, guardian, or custodian may refer the student to a Juvenile Drug Court, operated pursuant to §49-4-703 of this code. Upon referral, the […]

§18A-5-3. Exemption From Jury Service

Notwithstanding any other provision of law, professional personnel and other persons actively engaged in school work in this state shall be required to serve on any jury during the period of his contract with a Board of Education unless excused therefrom by judge of the court. In the case of service on a jury the […]

§18A-5-3a. Answering Witness Subpoenas

Any teacher, principal, supervisor, service personnel or other person employed by a Board of Education who is subpoenaed to appear as a witness but not as a defendant in any criminal proceeding in any court of law may make such appearance without any loss of pay. The board shall pay to such employee the difference […]

§18A-5-4. Educational Meetings

A county board of education may approve the attendance of any or all teachers at educational conventions, conferences, or other professional meetings of teachers on school days when in the judgment of the superintendent it is necessary or desirable. Attendance at such meetings may be substituted for an equal amount of teaching or employment and […]

§18A-5-4a. Educational or Service Meetings

A county board of education may approve the attendance of any or all service personnel at educational conventions, conferences, or school service meetings of service personnel on school days when in the judgment of the superintendent it is necessary or desirable. Attendance at such meetings may be substituted for an equal amount of employment and […]

§18A-5-5. Records; Reports by Professional and Other Personnel

Every teacher, principal, supervisor, or other person employed by a Board of Education shall keep such records and shall make such reports as may be required by the state Superintendent of Schools, and such records shall be kept and such reports shall be made according to the forms and blanks prescribed and furnished by the […]

§18A-5-6. School Census

A school census of youths from birth through twenty years of age as of September first of the year in which taken, or of such ages as otherwise may locally be determined and of mentally and physically handicapped persons of all ages, may be made as directed by a county board of education. The school […]

§18A-5-7. Oath Required of Teachers

Every teacher shall, at the time of signing his contract to teach, take an oath to support the Constitution of the United States and the Constitution of the State of West Virginia, and to honestly demean himself in the teaching profession and to the best of his ability execute his position of teacher. Such oath […]