West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-023 - Substance Abuse And Tobacco Control (2422.5)
Section 126-23-3 - Application
Current through Register Vol. XLI, No. 38, September 20, 2024
3.1. These regulations apply to any person present in or upon any property owned, leased or operated by the West Virginia Department of Education, West Virginia Board of Education, a county board of education or a Regional Education Service Agency (hereinafter RESA); to any person present at any education-sponsored event; to any person present on a school bus or other vehicle used for a school related event or other school/county or RESA function; to any person present at any school-sponsored activity or event, whether the activity or event is held on school grounds, in a building or other property used or operated by a county board of education, RESA or the West Virginia Department of Education, West Virginia Board of Education or in any other facility or upon any other property being used by any of these agencies.
3.2. No person shall at any time possess, distribute or use any alcohol product or illegal substance in any area defined in Section 3.1 of this policy.
3.3. No person shall, at any time, possess drug paraphernalia as defined in W. Va. Code § 47-19-3, in any area defined in Section 3.1 of this policy. In addition, students shall not, at any time, possess tobacco paraphernalia in areas defined in Section 3.1 of this policy.
3.4. No person shall at any time distribute or use any tobacco product in any area defined in Section 3.1 of this policy. In addition, students shall not possess at any time any tobacco product in areas or situations defined in Section 3.1. or at any school or county sponsored event or school-related event.
3.5. Individuals supervising students off school grounds are prohibited from distributing or using alcohol, tobacco products or illegal substances in the presence of students and/or at any time while engaged in activities directly involving students.
3.6. No school or board of education property, as defined in Section 3.1 of this policy, or school, county, RESA or state publication may be used for the advertisement of any tobacco or alcohol product.
3.7. Groups using areas described in Section 3.1 shall sign agreements with the county board of education or RESA agreeing to comply with this policy and to inform students, parents and spectators by public address systems that this policy remains in force on evenings, weekends and any other time that school is not in session. A summary of this policy shall be attached to all requests for use of school facilities.
3.8. Students who behave in a manner that does not promote a nurturing, orderly and safe environment conducive to learning or who violate the terms of this policy will be subject to the disciplinary actions as outlined in Policy 4373.
3.9. This policy does not supercede any rights granted to special education students by federal or state law or other West Virginia Board of Education policies.
