WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 5650
BY DELEGATES FOGGIN, GEARHEART, FOSTER, HECKERT,
ELLINGTON, STATLER, TONEY, HORNBY, AND YOUNG
[Passed March 7, 2024; in effect ninety days from passage.]
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1 AN ACT to amend and reenact §18A-2-8 of the Code of West Virginia, 1931, as amended, relating
2 to prohibiting a suspended employee from being barred from attending public events on
3 school property while serving the suspension; prohibiting a suspended employee who has
4 a dependent family member from being barred from entering the school to exercise normal
5 functions of a parent or guardian while suspended; and providing exceptions.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-8. Suspension and dismissal of school personnel by board; appeal.
1 (a) Notwithstanding any other provisions of law, a board may suspend or dismiss any
2 person in its employment at any time for: Immorality, incompetency, cruelty, insubordination,
3 intemperance, willful neglect of duty, unsatisfactory performance, a finding of abuse by the
4 Department of Human Services in accordance with §49-1-1 et seq. of this code, the conviction of
5 a misdemeanor or a guilty plea or a plea of nolo contendere to a misdemeanor charge that has a
6 rational nexus between the conduct and performance of the employee's job, the conviction of a
7 felony or a guilty plea or a plea of nolo contendere to a felony charge. Upon the commencement
8 of any fact-finding investigation involving conduct alleged to jeopardize the health, safety, or
9 welfare of students or the learning environment of other students, whether being conducted
10 internally, or in cooperation with police or Department of Human Services, the affected employee
11 shall be suspended, placed on administrative leave, or reassigned to duties which do not involve
12 direct interaction with pupils.
13 (b) A charge of unsatisfactory performance shall not be made except as the result of an
14 employee performance evaluation pursuant to §18A-2-12 of this code. The charges shall be
15 stated in writing served upon the employee within two days of presentation of the charges to the
16 board.
17 (c) The affected employee shall be given an opportunity, within five days of receiving the
18 written notice, to request, in writing, a level three hearing and appeals pursuant to the provisions
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19 of §6C-2-1 et seq. of this code, except that dismissal for a finding of abuse or the conviction of a
20 felony or guilty plea or plea of nolo contendere to a felony charge is not by itself a grounds for a
21 grievance proceeding. An employee charged with the commission of a felony, a misdemeanor
22 with a rational nexus between the conduct and performance of the employee's job, or child abuse
23 shall be suspended, placed on administrative leave, or reassigned to duties which do not involve
24 direct interaction with pupils pending final disposition of the charges.
25 (d) A county board of education has the duty and authority to provide a safe and secure
26 environment in which students may learn and prosper; therefore, it may take necessary steps to
27 suspend or dismiss any person in its employment at any time should the health, safety, or welfare
28 of students be jeopardized or the learning environment of other students has been impacted. A
29 county board shall complete an investigation of an employee that involves evidence that the
30 employee may have engaged in conduct that jeopardizes the health, safety, or welfare of students
31 despite the employee's resignation from employment prior to completion of the investigation.
32 (e) It shall be the duty of any school principal to report any employee conduct alleged to
33 jeopardize the health, safety, or welfare of students or the learning environment of other students,
34 to the county superintendent within 24 hours of the allegation. Nothing in this subsection
35 supersedes §49-2-803 of this code or the provisions therein regarding mandated reporting of child
36 abuse and neglect.
37 (f) It shall be the duty of any county superintendent to report any employee suspended or
38 dismissed, or resigned during the course of an investigation of the employee's alleged
39 misconduct, in accordance with this section, including the rationale for the suspension or
40 dismissal, to the state superintendent within seven business days of the suspension, dismissal,
41 or resignation. The state superintendent shall maintain a database of all individuals suspended
42 or dismissed for jeopardizing the health, safety, or welfare of students, or for impacting the
43 learning environment of other students. The database shall also include the rationale for the
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44 suspension or dismissal. The database shall be confidential and shall only be accessible to county
45 human resource directors, county superintendents, and the state superintendent of schools.
46 (g) Notwithstanding any other provisions of law, a suspended employee may not be barred
47 from attending public events on school property while serving the suspension, nor may a
48 suspended employee who has a dependent child, grandchild, foster child, or other family member
49 be barred from entering the school to exercise normal functions of a parent or guardian while
50 suspended: Provided, That the suspended employ’s presence does not jeopardize the health,
51 safety, or welfare of students, employees, or visitors; impact the learning environment or the
52 school-sponsored activity; prejudice an investigation or disciplinary proceedings involving the
53 employee; violate an order of a court or any law; or threaten damage to property.
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The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates
...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect ninety days from passage.
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Speaker of the House of Delegates
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President of the Senate __________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
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Governor
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Statutes affected:
Introduced Version: 18A-2-8
Committee Substitute: 18A-2-8
Engrossed Committee Substitute: 18A-2-8
Enrolled Committee Substitute: 18A-2-8