West Virginia lawmakers are revisiting a measure aimed at tackling violent and disruptive student behavior in elementary schools, a growing issue that has interrupted classroom activities and put teachers at risk. The Republican-backed bill, reviewed by the House Education Committee on Monday, proposes a protocol for removing violent or disruptive students from classrooms. However, the measure does not include provisions for mental health support for young children, some as young as 5 years old—a concern raised by educators during the committee session.
Many educators pointed out that fewer than half of the state’s counties have alternative learning centers for children who are removed from school due to behavior issues.
“We have to find an answer,” said Del. Joe Statler, R-Monongalia. “We cannot simply stop all other educational activities because of one or two students.”
Despite two years of work on the issue, there remains a divide between lawmakers and educators on how to address both the immediate needs of teachers and the long-term mental health challenges faced by young students. Mental health problems in children are often linked to growing up in families affected by the state’s ongoing substance abuse crisis.
“What you don’t see in this bill is addressing the root cause: the issues we have with mental health,” said Jim Brown, executive director of the West Virginia School Board Association. “These kids have often faced abuse, and some adults have contributed to where these kids are in their development.”
West Virginia has one of the highest child poverty rates in the country and leads the nation in overdose deaths and children born with neonatal abstinence syndrome.
“Some of these students come from families where parents are opioid-addicted and have been raised in trauma,” Brown added.
In 2024, a similar measure was considered as teachers shared disturbing stories of being hit, kicked, and assaulted by disruptive students, many as young as kindergarten age. These incidents of classroom disruption have contributed to low academic achievement in the state, educators said.
“Elementary teachers don’t expect to be put in these situations,” Brown told the committee.
Although the bill was a major topic of concern last year, it died on the final night of the session due to disagreements between the House and Senate.
New Bill Aims to Address Disruptive Behavior
This year, lawmakers are advancing a similar bill, House Bill 2515, which would allow teachers to remove violent students from the classroom for the remainder of the school day. These students would then face a suspension of one to three school days, with alternative learning arrangements made during that time.
“If a student needs to be removed, a parent or guardian must pick them up from the office—they cannot take the bus home,” said bill sponsor Del. Joe Ellington, R-Mercer. The legislation also allows school officials to contact law enforcement if a student’s guardian does not pick them up.
Under the bill, a student who returns to school would be on a provisional basis for five to 10 days. If further behavioral issues occur, the student would be placed in an alternative learning environment for the rest of the semester or school year.
However, alternative learning centers are available in only 13 of the state’s 55 counties, and students without access to these centers may be forced into virtual learning at home. Eight other counties have received grant funding to create their own programs.
Currently, the bill lacks any funding for expanding these centers. Lawmakers noted that designated funding could potentially support the growth of these centers or partnerships with outside organizations.
“That’s a major concern for many counties,” said David Gladkosky, executive director of West Virginia Professional Educators. “So many counties don’t have intervention centers, and even those that do often lack the staff to support a large number of students.”
Ahead of the legislative session, a group of lawmakers visited Mary C. Snow Elementary School in Charleston, where administrators highlighted the success of multi-tiered positive behavioral interventions in reducing out-of-school suspensions. The school also has a dedicated behavioral intervention room.
Principal Destiny Spencer told lawmakers that addressing student behavior requires funding.
“I believe every school, especially those with significant behavioral issues, should have a behavior interventionist,” she said during a Feb. 11 meeting.
Concerns About Disabilities and Student Rights
The proposed legislation includes a mandate that student discipline must comply with the Individuals with Disabilities Education Act. Under the bill, students removed from school would need to be evaluated for potential disabilities that could be contributing to their behavioral issues.
Lindsey McIntosh, an attorney for Kanawha County Schools, raised concerns that the bill might violate the rights of students with disabilities if they are removed from school before their condition is diagnosed.
The bill is currently progressing through the House Education Committee and will undergo a markup phase in the next steps of the legislative process.
