W. Va. Code R. § 126-20-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-20-6 - Program Requirements

6.1. County boards of education establishing alternative education programs shall meet the following requirements:

6.1.1. Policies and Procedures - County boards of education shall adopt policies and procedures for the operation of alternative education programs in accordance with the provisions of this policy. Policies and procedures shall include, but are not limited to: the goals of the program; the eligibility criteria and process for placement of students in the program including the composition of the Alternative Education Placement Team which may be an existing school team such as the Student Assistance Team; the involvement of parents and community agencies; length and time of day the after-hours/night school program operates, if applicable; plan for awarding of credits; behavioral management plan as an alternative to the county=s discipline policy, if applicable; the staffing plan, personnel qualifications and class size limits; the criteria for completion of the alternative education program or reentry into regular education; and the performance measures and process for program evaluation. The State Superintendent's approval of the county board's policies and procedures is required for authorization to operate an alternative education program under these regulations.

6.1.2. Eligibility for Placement in Alternative Education Programs - Students may be placed in alternative education programs for:

a. violations of the Productive and Safe Schools Act (W. Va. Code '18A-5-1a) in accordance with the provisions of the Act;

b. repeated violations of the county=s discipline policy following documented multiple behavioral interventions by the Student Assistance Team at the referring school; and c. continuation of educational services during periods of suspension or expulsion.

6.1.3. Placement of Students in Alternative Education Programs

a. Placement decisions, excluding short-term in-school suspensions, shall be made by an Alternative Education Placement Team, which may be the Student Assistance Team, as defined in the county's policy and procedures. County school districts shall provide for the opportunity for parents to participate in the placement team meeting.

b. The Alternative Education Placement Team, which may be the Student Assistance Team, shall develop a student=s written plan which includes academic courses and behavioral components, criteria for re-entry to the regular school program and provisions for periodic review of the student=s progress at least on an annual basis. The team for all students with disabilities shall be the IEP team and the written plan shall be the IEP.

6.1.4. Curriculum - County boards of education shall have an identified written curriculum for alternative education programs based upon State Board of Education approved instructional goals and objectives. The curriculum shall also include a component for teaching and learning responsible behavior. In addition, the county shall provide for the participation of staff certified in the core subject areas in the development of the academic curriculum and the assessment measures to determine mastery of instructional goals and objectives.

6.1.5. Instruction - County school districts shall deliver instruction in accordance with the following standards:

a. instructional activities shall be consistent with the written curriculum and appropriate for the students' developmental levels;

b. instructional materials shall be age appropriate, functionally appropriate, and of high interest level for students;

c. the program shall provide for individualized instruction and accommodate the entry and exit of students;

d. curricular and instructional practices shall reflect high expectations for students;

e. the instructional program shall be delivered in a climate conducive to learning; and f. sufficient instructional materials, supplies, and equipment shall be available to deliver the instructional program.

6.1.6. State Assessment Program - Students enrolled in alternative education programs shall participate in the State Assessment Program, in accordance with State Board of Education Policy 2340: The Statewide Assessment Program. The test scores for these students shall be counted in the results of the home county school of referral.

6.1.7. Support Services - Students in alternative education programs shall receive school counseling services and/or other support services such as school social work or psychological services as indicated in the student=s written plan.

6.1.8. Special Education - County boards of education shall comply with applicable state and federal laws and regulations in the education of exceptional students placed in alternative education programs.

6.1.9. Personnel a. Selection Criteria - It is the responsibility of the county board of education to select the most qualified applicant(s) to implement the alternative education program. Classroom teachers shall be selected on the basis of the teachers' demonstration of competence in meeting the following standards:

A. any West Virginia professional teaching certificate

B. ability to effect positive behavior in disruptive students

C. effective leadership and/or mentoring skills in working with youth

D. successful experience in providing education to troubled or disruptive youth

E. specialized training or experience in non-traditional programs

F. specialized training in behavior management skills

6.1.10. Licensure

a. West Virginia Professional Teaching Certificate - A teacher assigned to deliver the academic subjects within an alternative education program must possess a West Virginia professional teaching certificate in any area.

b. Temporary Authorization - A Temporary Authorization valid for one year shall be granted to the successful candidate(s) for the alternative education program position(s). The employing county superintendent must verify that the applicant possesses the competencies identified in Section 6.1.9.a. The Temporary Authorization may be renewed each year based on the applicant's continued employment in an alternative education program.

6.1.11. Day-School Programs - Absent expulsion, a student attending an alternative education day school program shall have the opportunity to receive a full-time instructional program and full instructional day.

6.1.12. After-Hours/Night School Classes - County boards of education are authorized to provide alternative education programs after regular school hours for expelled students and for students who have repeated serious violations of the county=s discipline policy following documented multiple behavioral interventions and out-of-school suspensions. After-Hour/Night School programs shall include the provision of academic coursework and development of social skills/pro-social behavior. Unless otherwise required by law, regulation, or court order, transportation services for such programs are at the discretion of the county board of education.

6.1.13. Home-Based Programs for Disruptive Students - County boards of education may provide home-based programs solely for students expelled under the Productive and Safe Schools Act (W. Va. Code '18A-5-1a) or for disruptive students who meet the eligibility criteria for Home/Hospital Instruction under State Board of Education Policy 2510 - Assuring the Quality of Education: Regulations for Education Programs.

6.1.14. Units of Credit - County boards of education shall grant units of credit for work satisfactorily completed in an alternative education program. Units of credit based upon mastery of performance criteria may be granted as an alternative to the standard units of credit.

6.1.15. Program Completion - Students may complete an alternative education program in one of the following manners:

(a) fulfillment of the criteria for re-entry into the regular school program;

(b) completion of regular high school graduation requirements and awarding of a regular high school diploma from the home county school of referral;

(c) completion of identified performance criteria leading to a high school diploma; or

(d) completion of a GED in accordance with State Board of Education Policy 2444.4: Issuance of High School Equivalent Diplomas, State of West Virginia.

W. Va. Code R. § 126-20-6