W. Va. Code R. § 126-94-19

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 126-94-19 - Disciplinary Information

19.1. If a student transfers to another school in the state, the principal of the school from which the student transfers shall provide an official record of any disciplinary action taken against the student to the principal of the school to which the student transfers, (W. Va. Code § 18A-5-1a) subject to requirements of section 22.

19.2. The educational agency includes in the records of a student with a disability under Policy 2419 a statement of any current or previous disciplinary action that has been taken against the student and transmits the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of non-disabled students.

19.2.a. The statement may include a description of any behavior engaged in by the student that required disciplinary action, a description of the disciplinary action taken, and any other information related to the safety of the student and other individuals involved with the student.

19.2.b. If the student transfers from one school to another, the transmission of any of the student's records must include both the student's current IEP and any statement of current or previous disciplinary action that has been taken against the student.

19.3. A public agency reporting a crime committed by a student with a disability under Policy 2419 shall ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom it reports the crime, but only to the extent permitted by this policy's provisions regarding disclosure of education records.

W. Va. Code R. § 126-94-19