Updated on Tuesday, March. 4, 2025 at 2:53 p.m.
A bill to address disciplinary issues in West Virginia schools passed the House of Delegates Monday.
House Bill 2515 passed 92 to four. All four delegates who voted against the bill were Democrats. It is the latest in a line of bills introduced in the legislature over the past three years to try and address the most extreme disciplinary issues in schools. Passed in 2023, House Bill 2890 originally allowed teachers at any level from Kindergarten to 12th grade to remove disruptive students, but ultimately was limited to grades seven and above.
HB 2515 is functionally identical to last year’s Senate Bill 614, which failed to pass the House on the final day of session. Requirements including suspension of unruly students, placement in alternative education and behavioral assessment mandates underwent substantial changes in the House Education Committee before arriving on the floor.
Del. Mike Pushkin, D-Kanawha, voted no on the bill. He questioned House Education Committee Chair Del. Joe Ellington, R-Mercer, about the bill’s waiver from statewide disciplinary policy.
“A school that receives Title 1 funding, is eligible for that, they can apply to get a waiver from this law?” Pushkin asked.
“If they have a successful program, yes,” Ellington replied.
Title I schools have high numbers or percentages of poor children and receive federal funds to help those students succeed. One of Pushkin’s concerns with HB 2515 has been the cost of the bill’s requirement that students be placed in alternative education programs. The education committee was told that only 13 such programs existed across all of West Virginia and more would need to be established to comply with the new law.
“If it’s a school like we have an elementary school in the district that I represent, the Title 1 school, they have behavioral interventionists there,” Pushkin said. “They would apply for it, but they’re not guaranteed to be granted that waiver, right? “
“Correct. They’re not guaranteed,” Ellington said. “But in the situation you’re talking about, most likely it would be.”
Del. Kayla Young, D-Kanawha, questioned the constitutionality of the bill’s requirement that the State Board of Education adopt a statewide disciplinary policy. HB 2515 makes the proposed policy subject to approval by the legislature, but the state board of education has the power to create its own policy without oversight from the legislature.
A constitutional amendment to establish legislative authority over the board was rejected by voters during the 2022 general election.
“Wasn’t there a constitutional amendment that failed two years ago for us to be able to approve their policies that failed?” Young asked. “So in the Constitution we can’t approve their policies?”
“There was a constitutional amendment that failed two years ago,” Ellington replied. “I don’t know the specific words to it. I don’t recall that at the time.“
Ellington conceded that the state constitution allows the state Board of Education to function independently, but speculated that specific policy promulgated by the legislature could be subject to review.
The bill now heads to the Senate for further review.
**Editor’s Note: This story was updated to clarify that only four Democrats voted against HB 2515, and the vote was not along party lines as previously stated.