CHARLESTON W.Va. (WVDN) – Lawmakers look to bolster elementary teachers’ ability to remove disruptive students in a bill that passed the House on Wednesday.
Addressing student discipline issues will be a major focus in education for lawmakers this session in an effort to tackle glaring teacher shortages and low student achievement.
State teachers’ unions have said the uptick in violent and dangerous classroom incidents has led to teachers walking away from the job.
The bill, House Bill 4776, laid out reasons why an elementary public school teacher could remove a student from class, including that a student’s “unruly, disruptive or violent” behavior has repeatedly interfered with other students’ ability to learn.
The student could not return to that teacher’s classroom without the teacher’s consent unless a school discipline committee determines it’s the best option for the student. A meeting between school employees and the child’s guardian would also be required.
The majority of House members signed off on the legislation with little debate. Three Democrats voted against it, including Minority Leader Sean Hornbuckle.
He cited concerns for how schools would support children with Individualized Education Plans once they were removed from their classroom. More than 48,000 students in state public schools receive special education services, according to data from the West Virginia Department of Education.
“[The bill] doesn’t speak to that once a child is removed from a classroom that they for sure have the certifications to handle IEPs,” said Hornbuckle, D-Cabell after the floor vote. “I think this still falls afoul of federal law. That’s a big sticking point for me.”
Advocates for students with disabilities have cautioned against lawmakers’ school discipline bills, saying that schools are already failing to follow federal and state laws regarding education and discipline for students with IEPs.
Hornbuckle also cited concerns for a required meeting with the child’s guardian as many students may not have that option given the state’s foster care crisis.
Only about 5% of public school teachers said parents were highly involved in their student’s academics, according to a recent survey.
State education data showed that students in foster care along with those who were Black, disabled, homeless or came from low socioeconomic families faced more severe school discipline.
The House tried to pass similar school discipline legislation last year; the Senate signed off on it but removed elementary-aged students from the final bill.
Senate Education Chair Amy Grady, R-Mason, has voiced concerns for broad discipline legislation that targets young students. She said the age group often required a more nuanced discipline approach.
Grady is expected to file the Senate’s version of school discipline legislation. The last day to file bills in the Senate is Feb. 19.
This article originally appeared on West Virginia Watch.
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