W. Va. Code R. § 126-28-14

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

Section 126-28-14 - Child Guidance

14.1. Staff shall ensure that all guidance, behavior management, and discipline practices are constructive and educational in nature, appropriate to each child's age and circumstances, and in keeping with the WV Pre-K program's policies and procedures;

14.2. At all times, staff members are responsible for providing positive guidance that is appropriate to each child's age, understanding, and circumstances. When a behavior problem arises, qualified staff members shall:

14.2.a. redirect the child to alternative behavior or other activities;

14.2.b. encourage children to control their own behavior, cooperate with others, and solve problems by talking through the issues;

14.2.c. speak so the child understands that feelings are acceptable, but inappropriate behaviors and actions are not; and/or

14.2.d. take action that relates to inappropriate behavior and ensure that any action that is taken is without bias and in proportion to the child's act.

14.3. Staff members and other adults in a WV Pre-K classroom shall not handle behavior problems by:

14.3.a. subjecting a child to physical punishment of any kind;

14.3.b. putting anything in or on a child's mouth as punishment;

14.3.c. restraining a child physically or by placing the child in confining equipment or using any other restrictive means such as straps or ties. A staff person may, in extreme circumstances to protect the child or other persons around him or her, use a gentle method of physically holding the child. The staff person must be an experienced staff member who is known to the child and shall only restrain the child for as long as is necessary for the child to regain control;

14.3.d. subjecting a child to psychological punishment of any kind, including but not limited to, shaming, ridicule, humiliation, or negative remarks about the child or the child's family, including remarks about race, gender, religion, physical characteristics, or cultural background;

14.3.e. using harsh or profane language, yelling, screaming, or actual or implied threats of physical punishment;

14.3.f. punishing or threatening a child in association with food, rest, or toilet training;

14.3.g. isolating a child without supervision or placing the child in a dark area;

14.3.h. permitting a child to discipline other children;

14.3.i. punishing an entire group for the actions of one child or a few children;

14.3.j. seeking or accepting parental permission to use physical punishment or other actions prohibited by this rule; or

14.3.k. using of any other practice that is not appropriate for the ages/stages of the children or is harmful psychologically or physically.

14.4. Staff shall develop program provisions that prohibit or severely limit the use of suspension in pre-k due to a child's behavior. A temporary suspension may be used only as a last resort in extraordinary circumstances where there is a safety threat that cannot be eliminated without reasonable modifications. Program provisions must include the following criteria:

14.4.a. guidance for a multidisciplinary team to determine when no other reasonable option is appropriate;

14.4.b. a written plan to guide actions and supports needed; and

14.4.c. efforts to engage parents and appropriate community resources.

W. Va. Code R. § 126-28-14