Mar 11, 2025, Wheeling (WV) News Register: Unanimous West Virginia Senate Passes Elementary School Discipline Bill
Measure Heads Back to House of Delegates With Changes
CHARLESTON — The West Virginia Senate passed its version of a bill Monday addressing student discipline in elementary schools, as well as Gov. Patrick Morrisey’s bills opening up the state to those bringing occupational and professional licenses from other states.
The Senate passed Senate Bill 199, relating to elementary behavior intervention and safety, in a 33-0 vote Monday morning. The Senate also passed Senate Bill 458, the Universal Professional and Occupational Licensing Act, in a 33-0 vote. Both bills head to the House of Delegates.
SB 199 addresses concerns being raised by teachers about the growing number of incidents with students in kindergarten through sixth grade where children are exhibiting violent, threatening, or intimidating behavior towards fellow students, teachers, and staff.
It is similar to a bill introduced last year by Senate Education Committee Chairwoman Amy Grady, R-Mason, that died on the last night of the 2024 legislative session. Grady said she has been working with her counterparts in the House Education Committee and the state Department of Education and believes this is the year for the bill to finally pass. . . .
SB 199 requires a student whose behavior is deemed violent, threatening, or intimidating be referred to a school counselor, school social worker, or school psychologist to conduct a functional behavioral assessment to determine the causes of the behavior and establish a two-week behavioral plan for the student. The student would be re-evaluated after the two-week period.
The bill would allow for the creation of alternative learning centers in counties or expansion of existing centers, subject to funding, to address the behaviors of chronically disruptive students. The bill allows multiple counties to share use of an alternative learning center.
For counties without alternative learning centers, the bill mandates specific disciplinary steps when a teacher determines a student’s behavior crosses over into violent or dangerous actions, including immediate removal from the classroom away from other students for the remainder of the day, parental notification, and a three-day suspension.
A student removed from a classroom three times in a month would receive an in-school suspension, out-of-school suspension, or placement in an alternative learning center. The bill also permits for the expulsion of a student, but only if repeated behavior occurs. The bill allows for a teacher or principal to come to the expulsion hearing and allows both to appeal to the county superintendent over any disagreement.
The House of Delegates passed its version of the elementary discipline bill one week earlier, House Bill 2515, in a 93-4 vote. Grady said much of what was in HB 2515 was incorporated into SB 199. But the Senate bill — unlike the House bill — would allow schools to partner with a licensed behavior health agency as an option to correct student behaviors, meeting regularly with the school’s social worker. The Senate bill also removes a provision in the House bill that would allow classroom aides to provide behavior support. . . .
SB 458 would allow for universal licensing reciprocity in West Virginia for occupations and professions governed by Chapter 30 of State Code. The bill mandates that professional boards grant licenses to individuals who have been licensed in another state for at least a year under certain circumstances.
“It is just the right thing to do and honestly, it’s amazing how long it’s taken us to do this,” said Senate Government Organization Committee Chairwoman Patricia Rucker, R-Jefferson.
Licensees would need to show they are in good standing in their original state and show that they meet the minimum education, work experience, and clinical supervision requirements in the state they are coming from. The bill would also apply to any new resident who previously passed any required examination for the out-of-state license.
The applicant would need to have a clean disciplinary record, with no rescinding of licenses or voluntary surrenders in other states due to unprofessional conduct, as well as no criminal history. The licensee would still need to pay any applicable state fees for licensure.
The Universal Professional and Occupational Licensing Act includes stipulations for military spouses traveling with their partner to West Virginia and wishing to transfer their occupational license with them. The bill allows professional boards to require an exam on West Virginia-specific laws, while explicitly excluding licenses to practice law and certain background checks.
The bill does not apply to transfer of law licenses from other states, or to background checks.
A committee substitute for SB 458 also requires those transferring a medicine, podiatric medicine, or osteopathic medicine licenses to practice in West Virginia without clinical supervision after successfully completing a graduate medical education program approved by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the Council on Podiatric Medical Education or Colleges of Podiatric Medicine.
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