Elementary school discipline bill could get a second chance in May special session

Public school teachers have said that addressing worsening student behavior is a top priority. (Lexi Browning | West Virginia Watch)

Lawmakers next month could try again to pass a high-profile bill aimed at helping elementary teachers remove aggressive, violent or threatening students from their classrooms.

The legislation , which faced criticism for its lack of support for students and the potential involvement of law enforcement with young kids, died in the final hours of the regular session despite passing both the House and Senate. The House failed to take action on it — and other key education bills — as they hashed out the budget bill.

A special session is expected in May to deal with lingering budget issues.

As Gov. Jim Justice decides what legislation will be considered, Senate President Craig Blair, R-Berkeley, said on Tuesday that the elementary student discipline bill should be included in the governor’s list.

Senate President Craig Blair, R-Berkeley

“I’m working on attempting to get it on the call for the special session,” said Blair, who is meeting with the governor this week to discuss it. “We’re wanting education to be better across the board. I’m a huge advocate for this.”

He said adding the legislation will be contingent on an agreement that the Senate and House will suspend constitution rules to get the bill (and likely others) passed in a three-day special session. It would be less than the usual minimum time required to pass legislation.

“We’re not going to stay six days,” Blair said. “We’ve already discussed everything. We’ve already voted on it … This stuff has already been perfected during the session.”

The measure would have bolstered elementary teachers’ power to remove disruptive students from their classrooms. Removed students could be sent to a behavioral intervention program, which are available in only 13 of the state’s 55 counties .

If the county doesn’t have a program or enough staff to serve the child, the student would be suspended for one to three school days. Parents would be notified, the student would be prohibited from riding the bus and law enforcement may be notified if the student wasn’t picked up by the end of day.

A recent survey of public school teachers showed worsening student behavior was a top concern.

“Not a day goes by that teachers and service personnel are not dealing with disruptive and violent behavior, which not only is a safety threat to staff and other students, but interferes with providing instruction to the entire classroom,” said Fred Albert, president of American Federation of Teachers-West Virginia. “ AFT-WV would welcome any attempt by the Legislature to revisit the topic during a special session.”

Lead bill sponsor Sen. Amy Grady, a public school teacher, said she’d also like to see Justice give lawmakers a second chance to pass the bill.

“SB 614 not passing was one of the biggest disappointments of the session. It is an important first step in giving teachers the ability to control and create safer environments for all students,” said Grady, R-Mason. “I’m hopeful to see it on the upcoming special session agenda.”

House Democrats voted against the measure, citing concerns about the shortage of school-based mental health services and that kids could be unfairly forced to learn from home.

Del. Mike Pushkin, D-Kanawha

“While we can all agree that student discipline is a problem that needs to be addressed, Sen Grady’s bill was far too extreme,” said Del. Mike Pushkin, D-Kanawha, who serves on the House Education Committee. “If we simply remove young children from school and neglect to provide any alternative resources for them we are only setting them up for more failure and are in danger of losing yet another generation of West Virginians. I think the bill failed to pass during the legislature because many of us saw it for what it was… a bad idea.”

The legislation came with zero funding.

“Ideally, we would love to see legislation that not only protects staff and other students from a disruptive or violent student, but also provides that student with the resources and support they need to modify their behavior and be successful in school,” Albert said.

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